Damasteel AB is hereinafter referred to as “Damasteel”, “We”, “Our” and/or “Us” and you are referred to as “You”, “Your” “Customer”.
By accessing and placing an order at the Website, You acknowledge and agree to be bound by the T&C. As such, we kindly ask you to carefully read through the T&C as to make sure you have read and understood them before placement of a purchase.
Only persons 18 years or older, who are not under guardianship can place orders. Persons under the age of 18 years must have a parent or legal guardian to read and accept the T&C on their behalf and take responsibility for compliance with what is stated herein.
The provisions of these T&C enter into force between You and Damasteel from the date You place an order via the Website. The version of the T&C that will apply to Your purchase will be those available on the Website at the time of Your placement of an order.
If You purchase items through Our Website acting as or on behalf of a legal person, ALBIF 2000 regarding Delivery of Iron and Steel Products, etc. (“ALBIF”) will apply in addition to these T&C’s. In case of any inconsistencies between ALBIF and the T&C’s, the T&C’s will prevail.
2. Formation of contract
The information set out in the T&C and the details contained on the Website do not constitute an offer for sale. No contract in respect of any items displayed on the Website will exist between Damasteel and You until Your order has been placed and expressly confirmed by Us by way of an Order Confirmation (as defined below) (the “Contract”), whether or not funds have been deducted from your bank account or PayPal account or not. If We for some reason cannot fulfil Your order (e.g. if the item you wish to purchase is out of stock), any funds which have been deducted from Your account pertaining to the rejected order will be fully refunded.
3. The items and availability
You acknowledge that the items sold on the Website (including the product pictures displayed on the Website) are offered on an “as is” basis and that they may differ depending on the settings on Your computer.
Further, you acknowledge that the product assortment may from time to time be amended in Damasteel’s sole discretion and that all orders for items are subject to availability. In this regard, We may need to refuse the process or acceptance of an Order Confirmation (as defined below). If a refusal is due to a circumstance beyond our reasonable control, We will not be liable to You or any third party by reason of our withdrawal.
4. Order procedure
To place an order, You must register for an account on the Website. To register an account you must provide a username and a password and other personal information such as Your name, contact information like a mobile phone number and/or an email address and, in some cases, payment information. You are required to provide information about yourself that is true, accurate, current and complete in all respects. Should any of Your information given upon registration be incorrect You must immediately notify Us at the following e-mail address: email@example.com. Registration requirements may be amended by Us from time to time.
Upon Your registering for an account, You must follow the shopping process given on the Website. When purchasing an item You will, after having provided Us with Your correct and accurate personal and payment details required for purchase, receive an order confirmation to the email given by You on your account (the “Order Confirmation”). The Order Confirmation will be sent by Us within 3-5 days after Your placement of an order.
The Order Confirmation will be followed by a confirmation on the projected date for when the item(s) is being sent and where they can be picked up (the “Shipping Confirmation”). The Contract will relate only to those item(s) whose dispatch we have confirmed in the Shipping Confirmation.
The prices for the items shall be those displayed on the Website at the date of Contract, unless in cases of obvious error. If we discover an error in the price of the items within an Order Confirmation, We will inform You as soon as possible and give You the option of reconfirming the order at the correct price (and thereafter send an updated Order Confirmation) or to cancel the order in its entirety.
All prices displayed are inclusive of value added tax (VAT) but excluding any delivery expenses, which will be displayed separately in the check out as well as in the Order Confirmation. If Damasteel offer discounts on any of its items, this will be clearly displayed and reflected on all prices.
Damasteel reserves its right to adjust prices without notifying You.
6. Payment and payment options
Payment can be made by Visa, Mastercard and PayPal. To minimise the possibility of unauthorised access, your credit card details will be encrypted through Nets. There is no extra charge for a card payment unless Your bank charges a fee towards Your payment. Damasteel reserves its right to apply a service fee if payment is made by using PayPal. In the event Your card issuer fails to authorise payment and We therefore do not receive payment of the items ordered and confirmed by way of an Order Confirmation, We may automatically cancel Your order and shall not remain liable for any delay or non-delivery due to such a cancellation.
You represent and warrant that the payment details given by You are both valid and correct and You confirm that You are the person referred to in the billing information provided to Us.
Subject to availability (see section 2) and unless there are any exceptional circumstances, We will deliver Your ordered item(s) within such delivery time as set out in the Order Confirmation. If Your order is delayed, We will inform you of such delayal as soon as reasonably possible. Subject to applicable legislation, delay will not serve as legitimate cause for an early cancellation of Your order.
All orders placed by a company or an organisation will be delivered DAP (Incoterms 2020).
Delivery will take place at the address specified on Your account. It is Your responsibility to make all arrangements necessary to take delivery of the items whenever they are tendered for delivery.
If We are unable to proceed with a delivery due to circumstances or actions within Your control, We may return the items to one of Our storage facilities until such time an updated delivery date has been agreed and confirmed by Us in writing. We will not remain responsible or assume any liability associated with any storage or delivery expenses related herewith.
The items will be at Your risk from the time of delivery. Ownership of the items will only pass to You upon Our receival of full payment of all sums due in respect of the items, including any applicable delivery charges, or upon delivery, whichever occurs later.
8. Right of withdrawal and return procedure
8.1 Right of withdrawal for customers acting through a company or organisation (business to business)
Unless the ordered item(s) are assessed as damaged or otherwise defective by Damasteel in connection with such a quality check as set out below in section 8.2 (i)-(iv) You have no right to withdraw from Your purchase.
8.2 Right of withdrawal for end-consumers (business to consumer)
In accordance with The Act on Distance Contracts and Off-Premises Contracts (Sv. lag (2005:59) om distansavtal och avtal utanför affärslokaler, “DAL”), You as a consumer have a right to withdraw from Your purchase, without giving any reason, within fourteen (14) days from the date of receipt of Your item(s). Only items which not (i) have been made at Your specifications or otherwise are deemed as personalised, or (ii) not have been damaged, soiled, washed, altered, worn or otherwise been used by You (other than to establish the item’s nature, characteristics and/or function) may be returned. If We assess an item as damaged in accordance with this paragraph, We may either deduct the amount corresponding to the damage from the amount We reimburse to You, or You may be liable to Us for an amount equivalent to the diminished value of the item(s).
If you wish to return a non-specific or non-personalised item due to a manufacturing defect which have been discovered or ought to have been discovered within three (3) years counted from delivery , the following return procedure shall apply:
(i) Send us a picture of the item or material ordered to the e-mail address firstname.lastname@example.org and We will perform an initial quality check,
(ii) If We detect a variance in the item or material which cannot be evaluated as typical for the item or material You have ordered, You must send a complaint to the same e-mail address as stated above in
(i) referring to the order number and other commercial details received within the Shipping Confirmation. The complaint must be sent no later than thirty (30) days from when Our written confirmation of the variance,
(iii) We perform a physical quality check,
(iv) If the quality check were to reveal that the item or material is damaged or otherwise defective, We will notify You and arrange with a complimentary replacement order. A replacement order will follow the same order procedure as described in section 3. However, if the quality check were to reveal that the item or material is not damaged or otherwise defective, We will return the material (if possible) to You at Our sole cost and expense.
9. Specific provisions regarding items made to Your specifications
(personalised items, applicable to both companies, organisations and natural persons)
If the item(s) ordered by You are to be manufactured or any other process is to be applied to the item(s) by Damasteel in accordance with a specification submitted by You in connection with Your order, You represent and warrant that You will indemnify Us against any and all losses, damages, costs and/or expenses awarded to or incurred by Us in connection with or paid or agreed to be paid by Us in settlement of any claim of infringement or any intellectual property rights which is a result from Our use of Your order specification.
Damasteel reserves its right to make any changes in a specification given by you which is required to conform with any applicable safety or other statutory requirements or, where the item(s) are to be supplied in accordance with Our specification, which do not materially affect their quality or performance.
10. Intellectual property rights
You agree and acknowledge that all content (e.g. pictures, logotypes, text, codes or the like), items or services available through the Website is protected by copyright, design, trademark or other proprietary protection (together the “Intellectual Property Rights”) and that such Intellectual Property Rights will at all times remain with Damasteel and its subsidiaries and/or licensors. Nothing on this Website shall be understood as We give You a license to Our or any third-party’s Intellectual Property Rights.
11. Liability and limitation of liability
Damasteel (including any of its subsidiaries, representatives, employees, agents etc.) is not, except as expressly provided herein, liable and expressly disclaim all warranties of any kind, whether expressed or implied, regarding for example Your processing of the items, defects caused by You upon Our delivery of the items, defects caused by Your or a third-party manufacturer’s use or incorporation of the items in a third-party product or any other information which have been made accessible or otherwise available at or through the Website by a third party. Nothing in these T&C shall however limit Our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any matter for which it would be unlawful or otherwise illegal to exclude or limit.
To the maximum extent permitted by law, Damasteel is not liable for any direct, indirect, incidental, special or consequential damages arising out of or in connection with Your purchase of an item on the Website or Your inability to use the Website for the purpose of purchasing item(s), including but not limited to, damages for loss of profits, use, data or other intangible loss, even if You have been advised by Us or a third party of the possibility of incurring such damages.
Further, We are not liable for failure to meet any of Our obligations under these T&C if such failure is due to an event that is beyond Our reasonable control, which includes but is not limited to war, riots, disturbances, non-performance of sub-contractors and/or sub-suppliers, pandemics or epidemics, governmental decisions and orders, new or amended legislation, nuclear accidents, terror activities or any other event which is beyond Our reasonable control and could not be expected at the time of entering into the Contract.
Damasteel’s maximum liability for any loss or damage arising in connection with these T&C shall be limited to the total amount of items covered by the relevant Order Confirmation.
12. Term and termination
The term of these T&C enters into force between You and Damasteel from when You access the Website or otherwise when You place an order and shall thereafter remain in full force until further notice.
13. Assignment of rights and appointment of subcontractors
Damasteel has the right to transfer its rights and obligations under these T&C. Furthermore, Damasteel shall have a right to appoint subcontractors for fulfilment of its obligations. In such case, Damasteel shall remain full responsibility for the work performed by such subcontractor.
14. Processing of personal information
We reserve the right, at our sole discretion, to change, modify or otherwise alter these T&C at any time. Unless otherwise stated, amendments will become effective immediately. We therefore kindly ask You to review the T&C periodically. Your continued use of the Website and placement of an order following effective date of any change, modification or the like will constitute Your acceptance of the revised T&C.
16. Entire agreement
These T&C set forth the entire understanding and agreement between Damasteel and You with respect to the subject matter contained herein, and supersede any other agreement, proposals and communications, written or oral, between Us and Our representatives and You.
Unless otherwise stated, any notices provided by Damasteel may be made by an updated posting on the Website or by email to the most recent address provided by You to Us. Notices sent by You shall be sent to the contact details stated below
18 Governing law and dispute resolution
18.1 Governing law and disputes
The T&C and any purchase made by You via the Website are governed by the laws of Sweden. All disputes arising hereunder or in connection with the T&C, the Website or a purchase shall be resolved by the District Court of Stockholm (Sw. Stockholms tingsrätt), Sweden, which shall be the first and final instance. If any provision of these T&C is held invalid or unenforceable, such provision shall be removed (or interpreted, if possible, in a manner as to be enforceable), and the remaining provisions shall be enforced.
18.2 Alternative dispute resolution (ADR) applicable to end-consumers
As an end-consumer placing an order in the capacity thereof, You have the option of contacting a local ADR entity regarding a dispute which you have been unable to settle directly with Us. ADR is a dispute resolution procedure for the out-of-court resolution of domestic and cross-border disputes concerning contractual obligations stemming from sales contracts or service contracts between a trader established in the European Union and a consumer resident in the European Union through the intervention of an ADR entity which proposes or imposes a solution or brings the parties together with the aim of facilitating an amicable solution.
ADR entities are out-of-court (non-judicial) entities. An ADR entity is a neutral party (e.g. a conciliator, mediator, arbitrator, ombudsman or a complaints board) which We will make use of to settle disputes, if the consumer decides for an ADR settlement. The ADR process is a low-cost, simple and fast procedure and is therefore beneficial to both consumers and traders, who are able to avoid court costs and lengthy procedures.
If You want to submit a complaint, please contact your national ADR entity below. This ADR entity will also be able to provide answers to any questions You may have about its process:
101 23 Stockholm
19. Company and contact information
Registered office: Stallgatan 9, 815 76 Söderfors, Sweden
Corporation id: 556514-2170
Any notices and/or question in relation to these T&C can be sent using the following contact details: email@example.com