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General Terms
Regarding the purchase of dispensers
Thank you for introducing free sanitary products in Swedish
workplaces and taking a stand for increased equality in everyday life!
1. INTRODUCTION
1.1. These General Terms and Conditions (the ”Terms”/”Agreement”) are binding between the swedish limited liability company Herbox AB,
559320-7037 (”Supplier”, ”Company”, ”Herbox”) and you as an customer (the “Customer ”) of the Company’s products & services (the “Service”) collectively the “Parties” and each a “Party”, from such point where the Customer receives the digital order confirmation through our website (the “Order Confirmation”).
1.2. As such, the Terms take precedence over all written and oral commitments between the Parties and shall be considered valid to the extent that nothing else has been communicated in writing and duly accepted as deviating from these terms and conditions.
1.3. For information about our handling of your personal data, see the Personal Data Policy on our Website.
2. SERVICES
2.1. Herbox offers wall-mounted dispensers which through a mechanical function provides a user with sanitary products (the “Units”). The sanitary products are supplied through Herbox via a subscription service, allowing the Customer to choose the volume of sanitary products to be delivered on either a half- or whole year basis (six or twelve months) (the “Subscription”).
2.2. A Customer may in accessing the Units and the accompanying Subscription choose one the following payment methods;
2.2.1. (i) an initial payment of one (1) setup fee per Unit and an accompanying monthly subscription of sanitary products, the set-up fee being specified before check-out in Herbox online shop (the “Setup Service”) or;
2.2.2. (ii) a rent-as-you-go service whereby the Customer pays a monthly fee that combines the cost for the utilization of the Unit and the accompanying subscription for the sanitary products (the “Rented Service”)
2.3. Each of the aforementioned services (2.2.1 – 2.2.2) are subject to the terms and conditions stated herein, each a “Service” and together the
“Services”.
2.4. Should the Customer request an increase in the volume of sanitary products during the term of the Services, such request shall be communicated in writing to Herbox.
2.5. For clarity, a Unit cannot be purchased without an accompanying service.
3. ORDER CONFIRMATION
3.1. Once an Order of either Service has been processed and confirmed, the Customer will receive an Order Confirmation.
3.2. Herbox undertakes to, in accordance with these Terms, Units and perform the Services specified in the Order Confirmation and accepted by the Customer.
4. ORDER CONFIRMATION4. ORDER CHANGES AND ERRORS
4.1. Orders cannot be changed once confirmed.
4.2. To the extent that Herbox or the Customer discovers that deviating information or inaccuracies have appeared in the Order Confirmation, Herbox shall have the right to correct the content within fourteen (14) days from the time the inaccuracy or deviation was brought to the attention of the Customer. Such change may relate to pricing, delivery dates or other terms that were incorrectly drafted.
4.3. With regard to obvious inaccuracies in the price, delivery date or other information in the Order Confirmation, Herbox shall have the right to
change such information up to and including the date on which the products or services according to the Order Confirmation would be delivered or accrue to the Customer, and if change is not relevant due to circumstances outside Herbox control, cancel the Order.
5. BILLING & PRICE
5.1. Each Order Confirmation shall in regard to the cost of each Service contain;
5.1.1. for the Setup Service; the initial set-up fee for each Unit as well as the Subscription fee,
5.1.2. for the Rented Service, the rental fee for Units rented as well as the Subscription fee.
5.2. The Price for each Service is presented in the Order Confirmation e.g. VAT and charged via invoice.
5.3. Invoicing fee amounts to thirty (30) SEK e.g. VAT.
5.4. Upon late payment, Herbox has the right to charge a reminder fee of sixty (60) SEK, an advance fee of four hundred and fifty (450) SEK and late payment interest with reference rate + 8.00 % calculated from the due date until payment is paid in full.
6. USAGE
6.1. The Units are equipped with a time lock and may only be filled with sanitary products supplied by Herbox. Any use of a Unit with a different sanitary product than those supplied by Herbox is considered a breach of contract.
6.2. Furthermore, Herbox cannot guarantee the functionality of the Units when using a different type of sanitary product than the one included in the Service.
6.3. Should the Customer need to replace the accompanying key, a replacement fee will be charged of sixty nine Swedish crowns (69,00 SEK).
7. DELIVERY
7.1. Estimated times of delivery will be presented in the Order Confirmation.
7.2. The Customer shall bear the costs connected to delivery for each order. The Customer undertakes to bear the risk associated with the delivery once the delivery has been completed to the address of receipt specified in the Order Confirmation.
8. ASSEMBLY
8.1. The Customer is responsible for assembling and disassembling the Unit/Units according to the instructions included in the user manual. If
the unit is to be mounted on a wall made of tiles, installation must be carried out by an authorized fitter.
8.2. Herbox is not responsible for any damage to the Units or to any other property that may occur during installation.
8.3. Units which are returned to Herbox due to an obligation other than repair or replacement shall be thoroughly cleaned, any other damages
incurred than those normal due to wear and tear being subject to reimbursement up to an amount equal to the value of the Unit.
9. WARRANTY
9.1. Each Unit is subject to a warranty for a period of one (1) year from the Customer’s receipt of the Order Confirmation (the “Warranty”).
9.2. For each Unit under the Rented Services the Warranty shall remain valid through the entire period of the Rented Services. The Warranty
covers defects in materials and workmanship and any repairs or replacements required during the rental period. The Customer shall promptly notify Herbox of any defects or issues with the rented Unit and Herbox shall arrange for repairs or replacement as necessary at no additional cost to the Customer, provided the issue is not caused by misuse, neglect or unauthorized repairs by the Customer.
9.3. The Warranty remains valid throughout the periods defined above (9.1 – 9.2) as long as the Customer follows the Unit’s accompanying user
manual during installation and usage.
9.4. Unit damage sustained through excess physical stress is not covered by the Warranty and if damage occurs to the Units due to external
stress, the Customer must inform Herbox in writing of the extent of the damage. Herbox shall upon such notification have the right to invoice the Customer for the value of the Unit, which shall be determined at three thousand Swedish crowns (SEK 3000,00) The same applies to the extent that the Units are dismantled and shipped away without the Customer ’s knowledge. Such notification shall be sent to Herbox within fifteen (15) days from the time the damage was noticed .
10. REPLACEMENT POLICY
10.1. In extension to the warranty and for the duration of the Service, Customers of the Rented Service are eligible for one (1) replacement
unit per every ten (10) Unit ordered should a Unit require replacement due to breakage from normal wear and tear (the “Replacement Policy”).
10.2. Customers claiming their right under the Replacement Policy shall return the Unit(s) to Herbox for a physical examination into the cause of breakage. Should such a claim prove valid, Herbox undertakes to arrange for the redelivery of the replacement Unit(s) at a cost which is borne by Herbox.
10.2.1. Should examination prove that the Units breakage most likely occurred due to excess physical stress or wear, each of the costs
specified above shall be invoiced separately to the Customer.
11. COMPLAINTS
11.1. Delivered Units must be examined by the Customer in relation to structural integrity and function upon receipt. The Unit is incorrect if it deviates from what is stated about the Unit’s properties on the Herbox website or in other written information prepared by Herbox regarding the Unit.
11.2. The Unit is not considered faulty if discovered deviations do not affect the intended use of the Unit and only constitutes a minor inconvenience for the Customer .
11.3. Complaints must be made in writing within fifteen (15) days from when a discovery of a fault or deviation in the structural or functional
properties of the Units are made.
12. INSURANCE
12.1. The Customer is responsible for ensuring that the required liability insurance is in place in order to cover any losses and damages that occur as a result of external damage to the Units to the extent that such damage is not covered by the Warranty.
13. LIABILITY
13.1. The Customer is solely responsible for the introduction of the Units to their selected market and any claim that may arise therefrom, Herbox not being able to control how, when or where the Units are made available to the public.
13.2. Herbox is not responsible for any property or personal injuries, ill health or other type of problems that may arise in connection with
incorrect use of the Units or associated sanitary products.
13.3. The Customer accepts to mediate any third party claims that may arise from the use of the Units when such claim is based on faulty usage of the Units.
14. FORCE MAJEURE
14.1. Neither Party shall be responsible to the other for any failure or delay in performing any of its obligations under these Terms or for other non-performance hereof if such delay or non-performance is caused by pandemic, strike, labour disturbances, fire, flood, riot, act or ordinance of any governmental or local authority, terrorism, or by any other cause beyond the reasonable control of that Party (a “Force Majeure Event”). The Party who is affected by a Force Majeure Event shall immediately inform the other Party of such event and use reasonable commercial efforts to remove or overcome the hindrance for performance. Should a Force Majeure Event continue for more than twelve (12) months, either Party shall have the right to terminate the Agreement with immediate effect.
14.2. A Force Majeure Event which had occurred prior to the formation of the Agreement shall give a right to termination only if its effect on the
performance of the Agreement could not be foreseen at the time of the formation of the Agreement.
14.3. If, as a result of a Force Majeure Event, the performance by either Party of such Party’s obligations under this Agreement is only
partially affected, such Party shall nevertheless remain liable for the performance of those obligations not affected by the Force Majeure
Event
15. TRANSFER OF RIGHTS
15.1. The Customer may not transfer any rights, obligations or Units to a third party without the written consent of Herbox.
16. TERM & TERMINATION
16.1. These Terms and Conditions are valid for the entire Service period as set forth in Order Confirmation Termination must take place no later than one (1) month before the end of Services.
16.2. If there is no termination after the first twelve (12) months , the Services will be extended by automatic extension , one (3) months per
term with a termination notice period of one (1) month.
16.3. Price adjustments may be implemented in connection with a new contract period if they are communicated in writing no later than one
(1) months prior to the end of the term.
16.4. Herbox has the right to terminate the Services prematurely if;
16.4.1. The Customer neglects his obligations under this Agreement, or
16.4.2. The Customer enters into company restructuring, payment difficulties, bankruptcy or similar circumstances whereby the
Customers ability to fulfill their obligations as they are stated in this Terms are made onerous.
16.5. In the event of termination of the Services due to premature termination, the Customer must arrange and pay for the return of such
Units and sanitary products that he has acquired during the use of the Services.
16.6. If Herbox does not receive the Customer’s Units and associated sanitary products within four (4) weeks of the termination of the
Agreement, Herbox has the right to invoice the Customer a sum of three thousand Swedish crowns (SEK 3000,00) per Unit.
17. BREACH OF CONTRACT
17.1. Any act or omission which constitutes a deviation from the content of these Terms shall be deemed a breach of contract and shall entitle the suffering Party a right of compensation for any damages suffered due to such deviation.
18. APPLICABLE LAW AND DISPUTE RESOLUTION
18.1. The governing laws of Sweden shall be applied when interpreting the Order Confirmation and these Terms. In the event that a dispute arises regarding this matter, such dispute shall be referred to the Gothenburg District Court.