General Terms and Conditions of Emmaljungas webshop

1. APPLICABILITY

These General Terms and Conditions (T&C) apply to every offer of Emmaljunga that is made through the website www.emmaljunga.com and to every distance contract that is subsequently concluded between Emmaljunga and a consumer, i.e. a natural person who is not acting in the course of a profession or running a business (hereinafter also: ‘you’).

Besides these Terms and Conditions, additional terms and conditions may apply to certain products when this is expressly indicated in relation to the product concerned.

Before the Agreement is concluded, these Terms and Conditions and any applicable additional terms and conditions will be made available to you electronically in such a way that you can easily print or store them on a permanent data carrier. You may also consult these Terms and Conditions at any time on the Website.

The products that are offered on our Website are currently available in the following European countries:

Austria, Belgium, Denmark,  Czech Republic, Estonia, Finland, France, Germany,  Italy, Ireland, Latvia, Lithuania, Luxemburg, Netherlands, Norway, Poland, Portugal, Slovakia, Spain, Sweden, Switzerland. 

Consult the latest information for this purpose on the Website.

2. EMMALJUNGAS COMPANY AND CONTACT DETAILS

Emmaljunga Barnvagnsfabrik AB
Kronobergsvägen 14
SE 28 268 Vittsjö
SWEDEN

Telephone customer service: +46 451 245 00
Availability:  Mondays to Fridays from 9 a.m. to 4 p.m. (lunch break 12.00-12.45)

E-mail: online@emmaljunga.com VAT no.: SE556462850001
Emmaljunga is registered at the Swedish Company Registration Office (Bolagsverket) 556462-8500

3. OFFER, PRICES AND FREIGHT COSTS

The prices and delivery and/or delivery costs listed on the Website include VAT.

If an offer or price has a limited period of validity or if an offer is made subject to conditions, this will be expressly stated on the website in relation to the offer.

Any delivery and/or delivery cost applicable to your order will be clearly stated before the Agreement is concluded and confirmed in the Order Confirmation.

Although we do our utmost to ensure that all prices and details on our Website are accurate, errors cannot be ruled out completely. If we discover an error in the price of one or more products that you have ordered, we will inform you thereof as soon as possible and give you the option of confirming the order at the correct price or terminating the Agreement. If we do not succeed in contacting you within a reasonable period using the contact details that you have supplied, or if you do not confirm the order to us at the correct price, the Agreement will be automatically terminated.

The delivery is carried out with Schenker / GLS.

Overview over freightcosts:

Pick up in store: 0 € ,

Home delivery 49 € .

Delivery times varies between 2-5 days after you have received the delivery note from us, depending on the country we are shipping to.
 

4. SCOPE OF THE AGREEMENT

After placing your order, you will receive an Order Confirmation from us by e-mail with a list of the products that you have ordered, the purchase price of your order and any delivery and/or shipping costs (including VAT), your chosen payment method and the delivery method. Within 2 working days you will receive a binding order confirmation from Emmaljungas production system.

As soon as your order is dispatched from our factory, you will receive an invoice from us.

Payments are made through Paypal, Klarna or Credit Card (depending on your country). If the ordered product is not available or cannot be produced Emmaljunga has the right to cancel the order. If this is the case, Emmaljunga will of course inform you about it, as well as offer you a similar product. If no similar product is available, we will replace the cost incurred. Emmaljunga only signs agreements with customers over 18 years of age, authorized and fully legally entitled to enter into agreements with other parties. Please note that all products can only be delivered in quantities that are customary for households.


5. SAVE DATA AND ACCESS TO THIS AGREEMENT TEXT

You can print or save these general terms as a document using the respective browser function. You can also download and archive this document as a PDF file. To open the PDF file, you need the Adobe Reader free software (under http://get.adobe.com/se/reader/) or comparable software that manages PDF format.

You can archive the information in your order by downloading the terms and conditions and by using the browser features, save the summary information on the last page of the order form. You can also wait for the automatic order confirmation that we will send by e-mail to the address you have entered after the order has been completed. This order confirmation contains your order details and these terms and conditions again and can be printed and saved.


6. PAYMENT METHOD

Depending on your country, you can choose to pay with credit card, PayPal, Klarna invoice or Klarna Direct. Emmaljunga Barnvagsfabrik AB reserves the right to exclude certain payment methods. Emmaljunga does not accept payment in cash or by cheques and Emmaljunga Barnvagsfabrik AB cannot be held responsible for the of it. You must immediately notify us if you discover any inaccuracies in your provided payment details.

If you pay by credit card, we will carry out a pre-authorization on that card after receipt of your order so as to guarantee that there are sufficient funds to complete the transaction. If we do not receive the required authorization, we will not be liable for any delay or non-delivery. We currently accept Visa and Mastercard.

If you fail to comply with your payment obligations towards Emmaljunga, we may charge you statutory interest as well as the reasonable costs that Emmaljunga must incur to still obtain full payment from you, including collection costs. If you fail to comply with your payment obligations, we will moreover be entitled to claim the products delivered to you as our property and demand their return. In that case, you will be liable for the costs of returning the products.

In case a promotion code or gift card is used, only one discount code can be redeemed per order. Once the validity period expires, the code can no longer be used. If an order has been canceled, the redeemed discount code can not be used again. Returned orders are credited only to the amount paid for the returned item without discount code value. The used code can not be used again.

Regardless of the payment method chosen, you will receive an invoice by e-mail at the same time as delivery. The order confirmation at www.emmaljunga.com does not constitute an invoice


7. RIGHT OF WITHDRAWAL

Consumers have a right of withdrawal.

You have the right to withdraw from this contract within fourteen days without stating any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods. To exercise your right of withdrawal, you must inform by means of clear statement by fax or mail about your decision to withdraw from this contract.

Emmaljunga Barnvagnsfabrik AB
Kronobergsvägen 14
S-28268 Vittsjö
Sweden
e-mail: online@emmaljunga.com
Fax: +46 451 245 25

You can use the attached withdrawal form, but this is not required.

To maintain the cancellation period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the cancellation If you withdraw from this Agreement, we will provide you with all payments we have received from you, including delivery charges (excluding any additional costs), which result from your providing a different delivery than the best standard delivery we offer have chosen to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will we charge you for this repayment charges.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.

You bear the cost of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.

Exclusion of the right of withdrawal The right of withdrawal does not apply to the following contracts:

• Contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

• Contracts for the supply of goods, if, due to their nature, they were inseparably mixed with other goods after delivery.

Please note that Emmaljunga is a pram manufacturer and that we manufacture by hand our prams and strollers based on customer orders.

You may cancel your order as long as you have not yet received a binding order confirmation from us. You may do this by completing the withdrawal form on our Website or by sending an e-mail to online@emmaljunga.com, in which you clearly state that you are cancelling the order, quoting the order number. You will receive confirmation of the cancellation from us by e-mail. If you cancel your order before receipt of the Dispatch Confirmation, we will fully refund all amounts that you have already paid, including dispatch costs, within 14 days of the cancellation and not charge you anything.

The 14 day return period commences on the date of delivery of the order either to you or to a representative that you have designated and notified us of in advance. Handle the product and packaging carefully during the 14 day return period. You may only unpack or use the product if this is necessary to be able to assess whether you wish to keep it. The point of departure here is that you may only handle and inspect the product in the same way that you would be allowed in a shop. You’re only liable for the product's devaluation that is a consequence of your handling the product other than as permitted in this paragraph. If you make use of your right of withdrawal, you must return the product with all supplied accessories to us undamaged and – if reasonably possible – in the original condition and packaging within 14 days of making use of your right of withdrawal. We kindly request that you complete and print out the returns label that you receive from us by e-mail. This speeds up the returns and refund process.

The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon you. The direct costs of returning the product will be born by you.

If you have made use of your right of withdrawal, we will fully refund the amounts you have already paid, including dispatch costs, within 14 days of receipt of your withdrawal. In case of withdrawal, you will not be liable for more than the cost of returning the products. If you exercise your right of withdrawal, all supplementary agreements are legally dissolved.


TEMPLATE WITHDRAWAL FORM

To Emmaljunga Barnvagnsfabrik AB, Kronobergsvägen 14, S-28268 Vittsjö, Sweden.

online@emmaljunga.com, Fax: +46 451 24525

I/we hereby withdraw the contract concluded by me/us for the purchase of the following goods / provision of the following service:

Ordered on (date) / received on (date)………………………………

Ordernumber ……………………………………………………………

Name Consumer…………………………………………………………

Adress Consumer…………………………………………………………

E-mail Consumer …………………………………………………………

Signature……………………………………………………………………..


9. DELIVERY AND RETENTION OF TITLE

Unless a longer delivery period is agreed, orders will be delivered according to our delivery notice to your supplied delivery address. Our transport provider does not make deliveries on Saturdays and Sundays.

If there is a delay in delivery, if an order cannot be executed or if an order can only be partially executed, you will receive notice thereof within no more than 14 days of placing the order. In that case, you will be entitled to terminate the Agreement without any costs and we will fully refund any amounts that you have already paid within 14 days.

If delivery of a product you have ordered turns out to be impossible, we will endeavour to offer you a replacement product of comparable or higher quality. You are not obliged to accept this offer and may opt to terminate the Agreement without costs instead, following which we will fully refund the amounts that you have paid within 14 days.

Pick up in Store
If you choose “Pick up in Store” you can select a retailer where you want to pick up your products. The products will be handed out fully assembled and you will be given a safety demonstration. The chosen Store will be your service partner during the warranty period (save the order confirmation). No freight cost or additional fees will occur for the pick up in store.

Home Delivery
If you choose “Home Delivery” we will send you the products to your door. Please watch the “unbox” videos and the demonstration videos on Emmaljunga.com. You can select a retailer close to you as service partner at no additional costs. The chosen retailer will be your service partner during the warranty period (save the order confirmation).

Freight cost or additional fees will occur for home delivery. See 3. Offer, prices and Freight costs If our transport provider is unable to deliver your order after two attempts at your stated delivery address, it will leave a message stating where your package is located and how and within which period you can collect the delivery. If deliveries are not picked up during the collection time we will charge you with the return freight costs to ship it back to the Emmaljunga factory in Sweden. The address that you provided when placing your order serves as the place of delivery. Delivery has taken place and the products are deemed to have been delivered after signature for delivery of the goods at this agreed delivery address.

Ownership of the products only passes if we have received full payment of all amounts due in relation to the products. Risk of damage in and/or loss of the products passes at the time of delivery to you.


9. CONFORMITY AND WARRANTY

We guarantee that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date on which the contract was concluded.

An extra guarantee arrangement offered by us can never affect the statutory rights and claims that you can enforce against us on the grounds of the contract if we failed to fulfil our part in the contract. An extra guarantee is defined as every commitment of us that grants you rights or claims, in excess of those provided by law, for the event that we fail to fulfil our part in the contract.


10. COMMUNICATION

If you use our Website, you accept that communication with us will mostly take place electronically and that we will usually contact you by e-mail in regard to the performance of the Agreement or to provide information. Make sure that our e-mail does not end up in your junk mail. All notices that you give to us should preferably be sent by e-mail.

Communication is deemed to have been received and properly effected 24 hours after sending an e-mail or three days after sending a letter. In order to prove that notice has been given, it will suffice to show, in case of a letter, that this letter has been correctly addressed, stamped and posted and, in case of an e-mail, that this e-mail has been sent to the supplied e-mail address of the address.


11. AMENDMENTS TO THESE TERMS & CONDITIONS​

Amendments to these Terms and Conditions will be effective only after they have been published and apply only to Agreements that are concluded after the amendments become effective, on the understanding that if amendments are introduced during the term of an offer, the most favorable provision will apply to you.


12. COMPLAINTS

If you have a complaint about a product that we have delivered or our service, please do the following.

Pick up in Store
If you have chosen Pick up in Store, this retailer is even your servicepartner during the warranty period. Please contact the retailer for all service issues or complaints.

Home Delivery
with Servicepartner If you have chosen Home Delivery and selected a retailer as service partner, this retailer is your servicepartner during the warranty period. Please contact the retailer for all service issues or complaints.

Home Delivery
without Servicepartner If you have chosen Home Delivery and have not selected a retailer as service partner, Emmaljunga is your servicepartner during the warranty period. Please contact Emmaljunga for all service issues or complaints.

You may submit the complaint by sending an e-mail to online@emmaljunga.com, preferably with pictures. We will provide a detailed response to your complaint by e-mail within 7 days of its receipt. If a complaint requires a foreseeably longer processing period, we will send you an acknowledgement of receipt of your complaint within the 7-day period, indicating when you may expect a more detailed answer. We will endeavor to work together with you to try and resolve your complaint in the best way possible.


13. APPLICABLE LAW

These Terms and Conditions are governed by Swedish law. Disputes concerning the performance and interpretation of these Terms and Conditions and/or Agreements must be submitted to the competent court in Malmö. This does not affect your rights according to your own national law.

 

These General Terms and Conditions were last amended on 10 Sept 2018.


14. COPYRIGHT

Copyright Emmaljunga Barnvagnsfabrik AB 2018. All rights reserved. The information presented is the property of Emmaljunga Barnvagnsfabrik AB and represents the most up-to-date information available at the time of publication. No warranty or guarantee can be given regarding the current validity, accuracy or completeness of the information and data provided. This also applies to all other websites referred to by a so-called hyperlink. Nor is Emmaljunga Barnvagnsfabrik AB responsible for the content of such websites.

The text, images, graphics, sound files, animation files, video files are all subject to Copyright and other intellectual property protection. These objects may not be copied for commercial use or distribution, nor may these objects be modified or reposted to other sites.

Under no circumstances does the information on the websites constitute a legal undertaking. Emmaljunga Barnvagnsfabrik AB reserves the right to alter or supplement the information or data provided as the need arises. No legal claims can be derived from the subject areas outlined here. Our prices are solely non-binding in every respect.

Emmaljunga Barnvagnsfabrik AB shall not be liable for direct or indirect loss arising from the use of the information or data found on this website. No rights and obligations exist between Emmaljunga Barnvagnsfabrik AB and the individual user of the website or third parties.

The contents of Emmaljunga Barnvagnsfabrik AB are protected by copyright. Neither all nor any part of the contents may be reproduced and/or published or saved in an information system without the prior written consent of the author. All the information or data, their use and all acts, acquiescence and omissions connected with the website of Emmaljunga Barnvagnsfabrik AB shall be subject exclusively to Swedish law to the exclusion of international law. The place of performance and exclusive place of jurisdiction is Hässleholm, Sweden.


15. INFORMATION ABOUT COOKIES

A cookie is a small data file that certain websites store on your computer’s hard drive when you visit them. They can contain information such as your user ID and the pages you have visited. If you do not want your visit to the website to be tracked by our cookies, you can set your internet browser and/or firewall to disable them.

Please refer to your internet browser help file to see how to disable and/or delete cookies on your PC. If you do not want to accept cookies, you can visit our website, but this may have a negative effect on your use of the site

We have decided to use cookies on the map function among others to store information about your place, so you easily can find your closest retailer on the map. Certain parts of the site use “cookies” to keep track of your visit and to help you navigate between sections.

Emmaljunga Barnvagnsfabrik AB never uses cookies to store personal information about you. Cookies are solely used to make your visit on the website comfortable and to follow the number of visitors on the website (Google analytics).


16. USE OF PERSONAL DATA

• When you provide your personal information to us, you agree to Emmaljunga Barnvagnsfabrik AB storing and using this information for business purposes and sending them to the retailer you have chosen.

• Emmaljunga Barnvagnsfabrik AB keeps a record of the group’s customers as well as consumers who have chosen to contact us. This registry contains names, contact telephone numbers, delivery and purchase information about customers’ products and serial numbers if products have been registered with us.

• Data is collected via product requests, your comments to us and from the registration of products with us. The data is used by companies in the Emmaljunga Group for the delivery of products etc. and as a basis for statistics and marketing. The data is analysed and used for the selection, prioritisation and planning of communications with you. Marketing activities conducted via email and SMS are only conducted in an existing relationship or by consent.

Personal data processing at Emmaljunga (GDPR)
You should always feel safe when providing personal data to the Emmaljunga Barnvagnsfabrik AB and its subsidiaries. We do everything we can to protect your data from unauthorised access. All personal data processing is carried out pursuant to the EU’s General Data Protection Regulation (GDPR).

What is personal data?
Personal data is any information that can be linked to you as an individual. For example, your name, private email address, private telephone number, etc. Information linked to companies, such as company identification numbers, company telephone number, e-mail linked to company or position etc. are not considered personal data.

How does Emmaljunga process personal data?
Collection and consent Emmaljunga collects personal data through both digital and analogue channels (e.g. websites, fairs, customer meetings, by telephone, etc.).
We always request your consent if we need to save your personal data for a specific purpose. Exceptions may take place: - When we are obligated to store your data owing to legal requirements (e.g. the Swedish Accounting Act). - When you or your company enters into a business relationship with us (legitimate interest).

Use and purpose We never collect more information than the situation requires and only for specific purposes. Such purposes include:
- providing a product or service
- marketing activities
- legal requirements
- recruitment

We have a policy not to process sensitive data, but this may occur. If you personally choose to provide us with that type of information, Emmaljunga considers that you have given your consent to the registration of the data in accordance with the purpose explicitly stated in conjunction with the submission of the data.
Emmaljunga’s website
Emmaljunga’s website uses cookies. Learn more about cookies at Emmaljunga.se.
Emmaljunga’s social media accounts

Personal data can and may be found on Emmaljunga’s social media accounts provided that it is uncategorised. Offensive/abusive comments and information containing sensitive personal data are not permitted. If such are identified, they will be reported to Emmaljunga’s marketing department or info@emmaljunga.com and promptly deleted.

Personal data can and may be found on Emmaljunga’s social media accounts provided that it is uncategorised. Offensive/abusive comments and information containing sensitive personal data are not permitted. If such are identified, they will be reported to Emmaljunga’s marketing department or info@emmaljunga.com and promptly deleted.

How long is personal data stored?
We store your personal data for as long as it is necessary to perform the task for which the personal data has been collected and saved.

Right of access
You have the right to request information regarding what personal data we process about you or your company. The request for information must be submitted in writing to the personal data controller in the Emmaljunga subsidiary/parent company applicable to your enquiry. Right to rectification and right of erasure You may request, at any time, that rectifications be made to your personal data or request to be erased from our registry if you are unable to do so yourself. We will rectify or erase your data without undue delay.

To request rectification or erasure, see contact details below. Please note that legal limitations and other regulations may exist which restrict your abovementioned rights. Who should I contact regarding questions on personal data processing? If you have any questions about Emmaljunga’s processing of personal data, please contact info@emmaljunga.com.

Please note that personal data management is carried out per subsidiary/parent company and you may receive a speedier response if you specify the company/companies to which your request relates.

Changes to personal data provisions Changes concerning personal data processing in Emmaljunga will be communicated on this website. Provisions may change owing to, for example, legislative amendments.

However, if the processing of personal data is governed by a customer agreement, the contractual provisions apply until amended, unless these are irreconcilable with law or other legally binding provisions.

© Copyright 2018, Emmaljunga Barnvagnsfabrik AB