Terms of Use
Please read these terms and conditions carefully for your own protection. If you are unsure of your rights under them or would like further clarification, please write, call or email our customer service team (on our Contact page) BEFORE placing an order. YOU MAY PRINT AND KEEP THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
By placing an order and purchasing goods from Luonkos via the https://luonkos.fi/ website, you are entering into a legally binding contract with us on the following terms and conditions. You should read and understand these terms and conditions as they affect your rights and obligations.
These are Luonkosi's ("Seller", "We" or "Us") standard terms and conditions of sale for the products displayed on the pages of this website (the "Goods"). Subject to the provisions of clause 4.2 below, the price of the Goods, delivery charges and, where applicable, VAT are stated on the order form.
Under the provisions of the Consumer Protection (Distance Selling) Regulations 2000, you have the right to cancel this transaction. Details of your right of cancellation will be sent to you with the goods when they are delivered and can be found in clause 9 below.
1. Interpretation
1.1 In these terms and conditions:
"Terms" means the standard terms and conditions of sale set out in this document;
"Contract" means a contract for the sale of goods;
'Payment Card' means the credit or debit card or other payment system that you have chosen to use as a method of payment for the Goods, details of which you have provided to us when placing your order;
"Delivery area" means the areas from which we have received the order.
"Goods" that you have ordered, including installments of goods or parts thereof, which are available for purchase on our website in accordance with the Terms;
'Information system' means a system for producing, sending, receiving, storing or otherwise processing electronic communications;
"Order" means any order you have placed with us for the supply of Goods;
"Order Form" means the order form you complete electronically and submit electronically;
"Regulations" means the Consumer Protection (Distance Selling) Regulations 2000;
"Website" means our presence on the world wide web, currently accessible via the address https://luonkos.fi/.
1.2 A reference to a law or statutory provision shall be deemed to include any statutory amendment thereto or any rules or regulations made thereunder or any enactment repealing or replacing the said law.
1.3 Unless the context otherwise requires:
1.3.1 words that introduce the singular include the plural and vice versa;
1.3.2 words denoting the masculine gender include the feminine gender and vice versa;
1.3.3 references to persons include either corporate or entity references.
1.4 Unless the context otherwise requires, references to clauses shall be deemed to be references to clauses of these Terms.
1.5 Headings are inserted for convenience only and do not affect the construction or interpretation of these Terms.
2. Basis of sale
2.1 We will only sell to you and you will only purchase the Goods that you have specified in your order and that we have confirmed. We reserve the right to reject any order. Unless otherwise agreed in writing, all sales of Goods are subject to these Terms.
2.2 Any Order you submit will not be deemed accepted unless we have confirmed it by email or in writing.
2.3 No change to these terms and conditions shall be binding on us unless we have agreed to it by email or in writing.
2.4 Errors or omissions in the information or documents we provide may be corrected, provided that the correction does not materially affect the contract.
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Orders
3.1 The quantity, quality and description of the goods are the same as your order (if we accept it).
3.2 Orders are accepted at our sole discretion but will normally be accepted if the Goods are available, the order reflects the current price, you are within the delivery area and your payment card has authorised the transaction.
3.3 You or we have the right to withdraw from any contract if there are obvious errors or inaccuracies on our website.
3.4 You are responsible for the accuracy of the details of your orders and for providing us with all necessary information regarding the Goods in a timely manner to enable us to perform the Contract in accordance with its terms.
3.5 The quantity, quality, description and any specifications of the Goods are set out on the relevant pages of this website.
3.6 We reserve the right to make changes to the specifications of the goods, which must comply with applicable statutory or EC requirements.
4. Price of the goods
4.1 The price of the Goods is the price set out on the relevant page of this Site. We reserve the right to vary the prices set out on this Site provided that if we accept an order from you, the price of the Goods will be the price set out in the relevant geographical area at the time the order is placed.
4.2 If the price of the Goods increases between the date your order is accepted and the date of delivery, we will notify you and ask you to confirm by email/writing that the new price is acceptable. If it is not acceptable, you will of course have the option to cancel your order.
4.3 The price of the Goods does not include postage or packaging costs. An additional charge will be made for postage and packaging, depending on the size and quantity of the Goods selected. This charge will be clearly displayed on the order form.
4.4 The total price includes any VAT. -
Payment terms
5.1 When you provide us with your payment card details and submit an Order, you:
5.1.1 you confirm and undertake that the information contained in the Order is true and accurate and that you have the appropriate authority to use the Payment Card; and
5.1.2 you authorise us to deduct from your Payment Card Account the full price of the Goods and any other payments that may be due to us under the Agreement. If the transaction is accepted, the amount will be reserved immediately and you will receive an order confirmation by email.
5.2 If it is not possible to obtain full payment for the Products from your account, we may cancel the order or suspend any deliveries to you. This does not affect any other rights we may have.
5.3 If you return the Products in accordance with your rights under the terms of clause 9, we will refund the appropriate amount to your payment card.
5.4 We will not disclose your personal information to any third party without your consent. Unless solely due to our negligence, we cannot be held liable for any losses you may incur. If your payment card is used fraudulently, you have the right to reverse the payment and receive compensation from the card issuer without being charged for the loss.
6. Delivery
6.1 We or our carrier must deliver the Goods to the delivery address given on the order form. It is important that this address is correct. Please state exactly where you would like the Goods to be left if you are away when delivery is made. Once the Goods have been delivered in accordance with your delivery instructions, you will be responsible for them. Our liability for any damage other than our negligence or manufacturing design or engineering defect ceases upon delivery.
6.2 We will use our best efforts to meet the delivery date given or, if no date has been agreed, within 30 days of the date of the order. We cannot be held responsible for delays beyond our control. If we are unable to provide a delivery date, we will contact you. If delivery cannot be made within 30 days of the delivery date given, you have the right to either agree a date or cancel the order and receive a full refund. If we are able to deliver before the date given, we will contact you.
6.3 If an order contains multiple items and we are unable to deliver the entire order but are able to deliver part of it, we will contact you to inform you of this and delivery will take place on a mutually agreed date. In this case, delivery is said to be in instalments. Each delivery constitutes a separate contract and if we are unable to deliver one or more instalments in accordance with these terms and conditions, this will not entitle you to cancel the entire order.
6.4 If for any reason within our control we are unable to deliver your Goods in whole/part, the maximum refund will be the price of the Goods including delivery and/or reasonable return costs.
6.5 Either party shall have the right to terminate the contract for failure to perform the delivery obligations. If cancellation occurs, we will refund any money you have already paid and any reasonable return costs you have incurred. -
Risks and ownership
7.1 You are responsible for the goods or services as soon as we have delivered them. If you delay delivery, our liability for any loss or damage caused by us, other than our negligence, ends on the date on which we agree to delivery in accordance with the contract.
7.2 Subject to the provisions of Clause 9 and notwithstanding delivery and transfer of responsibility for the Goods or any other provision of these Terms, title to the Goods shall not pass to you until we have received payment in full or settlement of the price of the Goods. The Products supplied to you are not intended for resale.
8. Warranties and liability
8.1 The terms of this Agreement do not affect any additional rights you may have under a manufacturer's warranty/guarantee. These are rights that the manufacturer gives you in addition to your statutory rights. Any additional rights granted to you by the manufacturer in relation to the products purchased are not included in this Agreement. If the products purchased are defective, eBrands Global Oy will comply with all applicable guarantees set out in the consumer legislation of the countries in which it operates.
8.2 As a consumer, you have statutory rights to return faulty Goods and to claim for losses caused by our negligence or breach of our obligations. The terms of this Agreement do not affect your statutory rights.
8.3 IMPORTANT NOTE: TIME FOR NOTIFYING CLAIMS
You are requested to inspect the goods as soon as possible after delivery. Any complaint you may have about the quality or condition of the goods or their lack of any defect must (regardless of whether you have refused delivery) be notified to the company within 14 days of the date of delivery or within a reasonable time after the defect or fault was discovered if it was not apparent on reasonable inspection.
8.4 If we are notified of a valid claim regarding the goods delivered within 14 days of the date of delivery or within a reasonable time if it is not apparent on reasonable inspection, you have the right to:
i) reject the goods and receive a full refund; or
ii) replace the goods (or the part in question) free of charge.
For any claims made after 14 days of delivery or after a reasonable period of discovery has been exceeded, we are entitled to either:
(i) replace the goods (or the part in question) free of charge, or
ii) at our discretion we will refund to you the price of the Goods (or a proportionate part thereof) and we will have no further liability.
8.5 Except for death or personal injury caused by our negligence, we will not be liable under this Agreement for any loss or damage caused by us or our agents in circumstances where:
(i) we or any of our employees or agents have not breached any legal duty of care owed to you;
(ii) such loss or damage is not a reasonably foreseeable consequence of such breach;
(iii) any increase in loss or damage resulting from your breach of the terms of this Agreement.
If you use the delivery address partly for commercial purposes, no liability for loss of profit or other financial loss resulting from a breach of this agreement can be accepted.
8.6 Subject to our obligations and your rights under the Terms, we will not be liable to you or be deemed to be in breach of contract for any delay or failure to perform any of our obligations in relation to the Goods if the delay or failure was due to any cause beyond our reasonable control.
8.7 We are not responsible for the content of other sites to which this website has links.
9. Right of withdrawal
9.1 You have a cooling-off period of 14 days from receipt of the goods, during which you may cancel the contract and return the goods at your own expense and receive a full refund of the purchase price and any delivery costs.
9.2 During the cooling-off period, cancellations must be notified in writing by either party.
9.3 The goods must be returned complete and undamaged, with all accessories and instructions. The original packaging must be returned in reasonable condition.
9.4 The right to cancel this contract does not apply to personalized or customized products.
9.5 If we supply you with replaced products in accordance with the provisions of clause 2, your right of withdrawal is as described above, except that we will be responsible for returning the goods.
10. Communication
10.1 Communications sent electronically by email or other means:
10.1.1 is deemed to have been sent when it arrives at an information system that is not under the control of the sender of the message;
10.1.2 is deemed to have been received by the intended recipient when it enters a readable form on an information system accessible to the intended recipient;
10.1.3 is deemed to be posted if it concerns a company at its head office and a person at his permanent residence;
10.1.4 is deemed to have been received in the case of a company at its principal place of business and a person at his permanent place of residence.
10.2 To protect your own interests, you should request a delivery receipt and retain a paper copy of the delivery receipt and original correspondence.
11. General
11.1 All communications sent by post shall be deemed to have been received by the intended recipient three days after posting if sent by first class post, or five days after posting if sent by second class post.
11.2 The provisions of these Terms and each sub-clause thereof, if any part of a provision or sub-clause is void, invalid or unenforceable, the remainder of such provisions or sub-clauses shall nevertheless be valid and enforceable.
11.3 No term of the Agreement is intended to confer a benefit on any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise) or is not intended to be enforceable.
11.4 If any provision of these Terms is held by any court or competent authority to be invalid, illegal or unenforceable in any jurisdiction, in whole or in part, that shall not affect the validity or enforceability of the other terms and conditions of these Terms. shall not affect that provision and shall not affect the validity, legality or enforceability of that provision in any other jurisdiction.
11.5 We will try to resolve any disputes quickly and efficiently. If you are not satisfied with the way we handle disputes and you wish to take legal action, you must do so in Finland.
11.6 The headings in these Terms are for convenience only and shall not affect their interpretation.
