Online store terms

About These Online Store Terms

These terms and conditions apply to all orders for products and/or services placed by you with Native Bionics Scandinavia AB (“Native Bionics”, “we” or “us”) through our web site (the “Site”) as well as purchases made by you through the Site. The terms and conditions constitute an integral part of the agreement between you and Native Bionics (the “Agreement”) that governs your orders and purchases made through the Site.

By placing an order through the Site, you acknowledge that you have read, understood and agreed to the bound by the following terms and conditions (the “Online Store Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Please read these Online Store Terms carefully before placing an order with us. If you do not agree to all the terms and conditions herein, then you may not place orders with us and the Agreement between us will not be concluded.

By agreeing to these Online Store Terms and placing an order through the Site, you represent that are legally capable of entering into binding agreements, and that you are at least the age of majority in your state, province or country of residence, or that you are the age of majority in your state, province or country of residence and you have given us your consent to allow any of your minor dependents to use this site.

You can review the most current version of the Online Store Terms at any time on this page. We reserve the right to update, change or replace any part of these Online Store Terms by posting updates and/or changes to our website. It is your responsibility to always check this page and review these Online Store Terms before you place an order with us.

Our online store is hosted on Shopify Inc. who provide us with the online e-commerce platform that allows us to sell our products and services to you.

If you have any questions about these Online Store Terms or do not wish to accept them, please contact us at

policies@nativebionics.com

or

Native Bionics Scandinavia AB

Wenner-Gren Center, Floor 20

113 46 Stockholm

Sweden

Web Site Terms of Use

All information contained on the Site is provided subject to our web site terms of use, https://nativebionics.com/pages/web-site-terms-of-use. You acknowledge and agree that the web site terms of use constitute an integral part of the Agreement.

Products and Services

These products and services offered through the Site may have limited quantities and are subject to return or exchange only according to our return policy. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer and to discontinue any product or service at any time.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

Pricing and Taxes

All our prices shown on the Site are inclusive of VAT in accordance with applicable legislation and exclude delivery charges unless otherwise stated. Prices are subject to product and/or service availability and are only valid while stocks last.

Occasionally we may run short term price promotions, offering exceptional discounts on specified products and/or services on the Site. Once these promotions have finished the products and service will only be available at the price stated and not the previous discounted price.

In case an order will be shipped to a delivery address outside the EU, please note that the VAT is removed at the checkout or earlier depending on which country the product will be delivered to. Please note that in case and order is shipped to a delivery address outside the EU, you may be subject to import duties and taxes, which are collected when the shipment reaches your delivery address. You will be solely responsible for payment of such import duties and taxes. Please note that Native Bionics has no control over these charges and, since these charges are different for different countries, Native Bionics cannot predict their amount. Native Bionics advises you to contact your local customs office for further information.

Orders

Your order to us is your offer to purchase the goods on these sale conditions, subject to our acceptance. You are entitled to withdraw your offer at any time up to moment that we accept it.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities ordered per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Your order is accepted, and the contract related to the relevant products and/or services is made, when we send you an email acknowledging or otherwise confirming receipt of your order, or if we do not send such an email, when we dispatch the products and/or services or the first instalment of the products and/or services to you. It is important that you enter the correct email address when placing your order. We recommend saving this email in order to facilitate any contact with customer service you may have in the future. The order confirmation (receipt) also serves as guarantee of proof of purchase.

You agree to provide current, complete and accurate order and account information for all orders placed through the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Promo codes must be entered during the checkout process to be valid. Attempting to add a promo code after purchase will not be honored.

Payments

You may choose to pay with either credit or debit cards and other payment methods. The various payment methods might be associated with specific terms and conditions which will be presented to you before you finalize your payment.  Your payment is handled by third parties that ensure secure encryption and operate under strict banking standards. Native Bionics does not store any credit card numbers. In the event that no payment has been received after submitting your order, Native Bionics may automatically cancel your order.

We may use and disclose to third parties any information we hold about you and your payment record for the purposes of administration and enforcement of the Agreement and for other related purposes. We may also supply your information to relevant authorities and other third parties where legally required or reasonably required in connection with any legal process or any legal obligations binding on us.

Shipping/Deliveries

Native Bionics ships within the EU (excluding the UK). Deliveries are made in cooperation with carriers, postal services and their partners.

In cases where you as a customer believe that a delivery is delayed in such a way that you no longer wish to fulfill the order, it is your responsibility to cancel the order. In cases where the order has been dispatched, you are required to receive the order. Cancellation is not valid until you have confirmed with Native Bionics either by email or telephone. If a product has been discontinued, we have the right to cancel the purchase and refund the paid amount to you. Native Bionics will notify you of a replacement or equivalent products if available.

Cancellations, Refunds and Returns

You have the right to cancel purchases and return a delivered product by contacting our customer service or using the contact form on our website within 14 days from having received the product, provided that (a) the product is unpacked and in the same condition as when you received it; and (b) you can present at proof of purchase. However, you are responsible for the costs and risks for transporting the returned products to Native Bionics. Unless the product is found to be faulty, we will refund the full amount you have paid for the product. Please note that we will not refund the delivery costs unless the product was faulty or damaged when you received it.

Errors, Inaccuracies and Omissions

The products and services offered by us on the Site website are subject to product and service descriptions which set out conditions related to the sale of the relevant product and/or service item. We will take all reasonable care to ensure that all details and prices of products and services appearing on Site are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Site as up to date as possible, information appearing on the Site at a particular time may not always reflect the exact situation at the moment you place your order. Occasionally our products and/or service descriptions may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). All descriptions of products and services or product and/or service pricing are subject to change at any time without notice, at the sole discretion of us.

Product Guarantee

Except where we state otherwise, we provide a 1-year guarantee on our products to cover material and manufacturing defects that affect the product’s normal functioning under the guarantee period. To have replacement covered under this guarantee performed, please use our contact form on the “contact us” page. In the email you need to specify your name, address, order number and a detailed description of the issue. Finally, write “guarantee of purchase” as subject of the email or letter. Return shipping is paid by you and Native Bionics will pay the shipping fee of new product. If Native Bionics cannot find any defects as described above, we will send the product back to you at your expense.

Note that repair/replacements will be charged in the following cases, even during the guarantee term: (a) damage caused by improper use or carelessness; (b) damage caused by unjustifiable repair or modification; (c) damage caused by fire or water, or a natural disaster such as for example an earthquake; (d) esthetical changes that occur during normal wear and tear and aging; or (e) if you do not provide proof purchase when returning the product.

Your rights set out in this section do not affect your statutory rights.

Complaints

It is important that you as a customer carefully check your products when you receive your shipment in order to verify that the product is not damaged and correct. If your product is damaged in transport, whether the damage is visible or hidden, you must without delay report this to the carrier. If you receive your item and see that it is damaged or does not match the one you ordered, you shall also contact us within 14 days from receiving the product.

Any complaints shall be made to our customer service through our contact form on the “contact page”. Please supply the order number and the reason for complaint and we will get back to you as soon as possible. Defective products returned to Native Bionics should be treated as if they were faultless. It is in all types of returns extremely important that the product is packaged in such a way that it cannot be damaged during transit. Native Bionics has the right to replace defective goods with goods of the same model. If the item has been discontinued, the customer will be offered a similar product or receive a full refund. In the case that a returned product has no errors or faults, we will send the product back to you at your expense.

Your rights set out in this section do not affect your statutory rights.

Privacy, Personal Data and Cookies

We are committed to protecting your privacy at all times during your shopping experience. When placing an order through the Site, you acknowledge that we will collect and further process personal data as set out in our privacy policy, https://nativebionics.com/pages/privacy-policy

Cookies are used on the Site as set out in in our cookie policy, https://nativebionics.com/pages/cookie-policy.

Liability and Indemnification

Except in the case of death or personal injury arising from its negligence, or in respect of fraud, and so far, as is permitted by law, we exclude responsibility and all liabilities, whether direct or indirect, arising from any act or default of any supplier, which are beyond our reasonable control.

Native Bionics shall not be liable, whether in tort, contract, misrepresentation or otherwise for loss of profits, loss of anticipated savings, loss of goods, loss of use, loss or corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.

To the fullest extent permitted by applicable law, you agree to indemnify us against all liabilities, claims and expenses of any kind (including reasonable attorney fees and costs) arising out of your breach of the Agreement and/or these Online Store Terms.

Force Majeure

Native Bionics shall be exempt from liability for damages and other penalties on the performance of our obligations under the Agreement prevented, hindered or delayed by circumstances beyond our control, such as government intervention, new or amended legislation, war, fire, flood, labor disturbance, prohibitions, restrictions, sabotage, poor transport or weather conditions or lack of delivery from suppliers’ criminal activity that affects our activities.

Changes to These Online Store Terms

You can review the most current version of the Online Store Terms at any time at this page. We reserve the right to update, change or replace any part of these Online Store Terms by posting updates and/or changes to the Site. It is your responsibility to always check this page and review these Online Store Terms before you place an order with us.

Jurisdictional and Related Matters

The Site is the corporate web site of Native Bionics Scandinavia AB, a company incorporated and located in Sweden. Products and/or services offered through the Site may be available under different trademarks in different countries, and may be cleared or approved by a government regulatory body for sale or use with different restrictions in different countries or regions. In no event shall the information contained on the Site be construed as a promotion or solicitation for any product or use of product that is not authorized under the laws and regulations of the country where you are located.

Other

The headings used in these Online Store Terms are included for convenience only and will not limit or otherwise affect these Online Store Terms.

Should any provision of these Online Store Terms be found invalid or unenforceable for any reason, then that provision shall be deemed severable from, and shall not affect the validity or enforceability of, the remaining provisions herein.

If you breach these Online Store Terms, and we ignore the breach or breaches, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Online Store Terms.

Entire Agreement

The failure of us to exercise or enforce any right or provision of the Agreement and these Online Store Terms shall not constitute a waiver of such right or provision. The Agreement, these Online Store Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, constitute the entire Agreement and understanding between you and us and govern your orders placed through the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Online Store Terms). Any ambiguities in the interpretation of these Online Store Terms shall not be construed against the drafting party.

Governing Law

To the extent permitted by law, these Agreement and Online Store Terms shall be governed by the substantive laws of Sweden, without reference to its principles on conflicts of laws. To the extent permitted by law, Swedish courts shall have exclusive jurisdiction of any dispute arising from the Agreement and these Online Store Terms, subject to our right to initiate legal proceedings, including but not limited to prosecution, against you at your place of residence.

Last updated December 14,01, 2018