Terms of sale
1.1 We are Crème AB, 559399-2802, c/o Crème Atelier, Barnängsgatan 46B, 116 48 Stockholm, firstname.lastname@example.org, operating under the trade name Crème Atelier ("Crème", "us", or "our").
1.2 By purchasing any goods from us, whether through our website www.creme-atelier.com (the "Website") or otherwise, you agree to these terms and conditions (the "Terms of Sale"), unless otherwise agreed between you and us in writing.
1.4 If you are acting on behalf of a legal entity or other form of business, these Terms of Sale do not apply in their entirety. Please see section 10 for the complete terms and conditions applicable to our business customers.
2. PRICES AND PAYMENT
2.1 Prices on the Website are shown in the currency of your country (as available). Unless otherwise specifically stated, all prices are inclusive of taxes. We reserve the right to change prices on our Website without prior notice.
2.2 If we charge a shipping fee for your order, this will be added in the checkout process before you place your order.
2.3 You can pay with card, PayPal or Klarna.
2.4 Unless otherwise specifically stated, all prices are inclusive of any customs duties and taxes.
3.1 You must be above the legal age in your country or have permission from your parent or legal guardian to purchase goods from us.
3.3 We reserve the right to cancel orders due to special circumstances, such as a product being sold out, technical issues, or errors on our Website. We also reserve the right to change the price of a product after you have placed an order, but before the delivery of the product, upon prior written notice to you. You will have the right to cancel your order if we have increased the price of your order.
3.4 If you place an order as a natural person, you hereby acknowledge that the products must be primarily intended for personal and non-commercial use. For commercial use, section 1.4 shall apply.
4.1 We manufacture the products upon your order. All shipping times set forth on our Websites are estimates only and may be subject to change.
4.2. You may be informed via email in case of a delay. If the delay is of material importance to you,
you have the right to cancel your order. However, we are not responsible for delays that are outside of Our control or a result of a force majeure event, such as war, natural disaster, fire or other severe disruptions.
4.3 The goods are considered delivered once you have received them. Goods damaged during shipping shall be reported to us as soon as possible by sending an email to email@example.com.
4.4 If you do not pick up your order from the pick-up location during the time period notified by the shipping company, you agree that we have the right to charge and invoice you for the shipping costs (to you and in return to us) plus a handling fee of 150 SEK or 15 EUR (or the equivalent in your order currency).
5. RETURNS AND RIGHT OF WITHDRAWAL
5.1 You have the right to withdraw from your purchase within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
5.2 To exercise the right of withdrawal, you must inform us of your decision to withdraw from the contract by an unequivocal statement by mail or email. To exercise your statutory right of withdrawal, please send an email to firstname.lastname@example.org including your name, the order number, and a clear statement that you wish to withdraw from the contract. If you live in the EU, you may also use the
below model withdrawal form, and if you live in Sweden, you may use the standard form published by the Consumer Agency here, but none of these forms are mandatory to use.
— To Crème AB, c/o Crème Atelier, Barnängsgatan 46B, 116 48 Stockholm, email@example.com:
— I/We(*) hereby give notice that I/We(*) withdraw from my/our(*) contract of sale of the following goods(*)/for the provision of the following service(*),
— Ordered on(*)/received on(*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
5.3 To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
5.4 If you withdraw from the contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from the contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may, however, withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
5.5 You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
5.6 You will have to bear the direct cost of returning the goods to us. We will calculate the costs and send you a shipping label for the return shipping. Returns shall be sent to the following address:
c/o Crème Atelier
116 48 Stockholm
5.7 You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
6.1 Our products come with a commercial warranty period of 2 years from the date of purchase. The commercial warranty covers manufacturing defects which appear within the warranty period, excluding any defects that result from for example (but not limited to) maltreatment, abnormal use, wear and tear, or accidents.
6.2 If you live in the EU/EEA, you have the right to statutory legal warranty in respect of subjective and objective conformity for a period of 3 years from the date you received the goods, in addition to the commercial warranty. You must notify us of the defect within reasonable time from when you became aware, or should have become aware, of the defect. The legal warranty does not apply in
respect of defects being caused by, for example, maltreatment, abnormal use, wear and tear, or accidents.
6.3 You may exercise your right of commercial and statutory warranty by email to firstname.lastname@example.org, or by post to Crème AB, c/o Crème Atelier, Barnängsgatan 46B, 116 48 Stockholm.
6.4 We examine all returned goods and determine if the defect is covered by the commercial or statutory warranty. If we determine that the defect is covered by warranty, we will in our sole discretion either (i) repair the good; (ii) replace the good in part or full; or (iii) refund the price. If you have returned the good to us, and we determine that the defect is not covered by any warranty, you agree
that we may charge and invoice you a 20 EUR (or the equivalent in your order currency) handling fee plus the shipping fee to send the good back to you.
7. LIMITATTION OF LIABILITY
7.1 Unless we have acted with gross negligence or intent, our liability to you shall under these Terms of Sale be limited to direct losses and an amount equal to the price you have paid for the goods in relation to which the liability has arisen. We are not responsible for indirect losses, losses in your business, or losses which we could not have foreseen at the time of entering into the contract with you, nor which we could reasonably have avoided or overcome.
7.2 We do not warrant that all images on our Website reflect the exact appearance of our products as images may be affected by the type and quality of monitor you are using and its resolution. We always strive to fairly depict our products.
Neither we nor you may assign any rights or obligations under these Terms of Sale to a third party. We may, however, without your consent, assign the right to receive payment from you to a third party.
9.1 We will always strive to settle any dispute with you mutually. Please contact us at email@example.com.
9.2 If you are dissatisfied with how we resolve or endeavor to resolve such dispute, or you do not want to engage directly with us in relation to the dispute, you are hereby informed that an alternative dispute resolution procedure is made available by the European Commission to consumers within the EEA through the platform for Online Dispute Resolution available here.
9.3 If you live in Sweden, any disputes arising out of or in connection with these Terms of Sale which we cannot resolve mutually, may also be settled by the National Board for Consumer Disputes (the "ARN"), Box 174, 101 23 Stockholm, Sweden (www.arn.se). The ARN is a public authority that settles
disputes between consumers and business operators. You may as a consumer have any such dispute settled by the ARN free of charge. We will comply with the ARN's decision.
9.4 These Terms of Sale shall be governed by Swedish law, without regard to conflict of law provisions. Any disputes arising out of or related to these Terms of Sale shall be settled by the Stockholm District Court in Sweden.
9.5 Notwithstanding section 9.4, these Terms of Sale will not limit any consumer protection rights that
you may be entitled to under the mandatory laws of your country of residence. If you are a consumer and habitually reside in the EU, EEA or UK, you may bring proceedings in any competent court of your place of residence.
10. BUSINESS CUSTOMERS
10.1 If you act on behalf of a legal entity or other form of company, and we have not entered into a separate contract which supersedes these Terms of Sale, then these Terms of Sale and the Incoterms® 2020 shall apply in respect of any sale and purchase of our goods, with the following amendments and additions.
10.2 Sections 2.4, 3.4, 4.3, 5, 6.2, 7.1, 9.2, 9.3 and 9.5 shall not apply.
10.3 If you have ordered goods outside of our Website, then, notwithstanding section 2.3, unless otherwise agreed between us, the payment method shall be invoice payable within 30 days from the invoice date. We reserve the right to charge late interest in accordance with the Swedish Interest Act (1975:635) if your payment is late. We reserve all other rights and remedies at law.
10.4 You are required to inspect the goods upon receiving them and ensure that the packaging is intact and that the goods are undamaged and functioning. You are required to give us notice of defect within reasonable time from when you became aware, or should have become aware, of the defect.
10.5 Unless we have acted with gross negligence or intent, our liability to you shall under these Terms of Sale be limited to direct losses and an amount equal to half of the price you have paid for the goods in relation to which the liability has arisen. We are not responsible for any indirect or consequential damages.
10.6 In the event of a conflict between these Terms of Sale, and the Incoterms® 2020, these Terms of Sale shall prevail.
11.2 We, or our licensors, are the owner in respect of all content on our Website. The content is protected by copyright, trademark and/or other rights.
11.3 We reserve the right to amend these Terms of Sale at any time without your consent. Any amendments shall, however, not affect any purchase made prior to such amendment.
These Terms of Sale were last updated on 2023-06-18.