1.1 Damasteel AB, corporate registration number 556514-2170, Stallgatan 9, 815 76 Söderfors, Sweden (“Damasteel”, “We” or “Us”) drives the websites damasteel.se and damasteel.com, through which customers, natural or legal persons, (the “User” or “You”), who register a Costumer Account, a Company Account or an Employee Account (see separate definitions below, together a “User Account”), may purchase steel products made by Damasteel.
2 Agreement and content
2.2 In addition to the Agreement, Damasteel’s Terms of Sale applies for any purchase and sale of products in Damasteel’s online store on the Website, which are available in the online store. If you act through a legal person the General Conditions, ALBIF 2000, for Delivery of Iron and Steel Products, etc. (“ALBIF 2000”) will be applicable for any purchase and sale of products in Damasteel’s online store on the Website. ALBIF 2000 are available in the online store.
2.3 In case of conflict between different conditions in the contract documents applicable between You and Damasteel, the ranking below applies.
If applicable (if You buy any Product from Damasteel):
3) Terms of Sale (for natural persons)/ ALBIF 2000 (for legal persons)
3 Acceptance and license
3.2 If you access the Website, create an Account or continue the use of any service on the Website through a legal person, you certify that you have the right to act on behalf of the legal person and that it accepts this Agreement in full.
3.3 You shall comply with all applicable laws, statutes, ordinances and regulations regarding Your use of the Website.
3.4 Provided that the User complies with the terms of the Agreement, Damasteel grants the User a non-exclusive, non-transferable and revocable license to use the Website for personal, non-commercial use.
4 The Website
4.1 The Website is provided "as is". It is Damsteeel’s aim that the Website is accessible without disruptions and that the content on the Website is up-to-date and accurate. However, Damasteel cannot make any such guarantees and hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Damasteel does not make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that You download from, or otherwise obtain content or services through, the Website at Your own discretion and risk.
4.2 On the Website, there may be links to other websites and sources of information that are located outside the Website. Damasteel is not responsible for the availability of these external websites or sources of information, and Damasteel neither supports nor approves, and assumes no responsibility for information and other material on or from these websites or sources of information.
5 User Account
5.1 In order to use the Website, You need to register a User Account. There are three different kinds of User Accounts; Customer Account, Company Account and Employee Account, see definitions below.
5.2 Private persons have to register a customer account on the Website in order to purchase products from Damasteel (a “Customer Account”). To register a Customer Account You need to create a username and password and provide personal information, which includes but is not limited to; Your name, contact information and payment information.
5.3 Legal persons have to register an account for the company/legal entity (a “Company Account”) and each employee ordering products from the Website have to register separate accounts (an “Employee Account”). To register a Company Account You need to create a username and password and provide company information, which includes but is not limited to; Your name, contact information and payment information. To register an Employee Account, You need to create a username and password and provide personal information, which includes but is not limited to; Your name, contact information and information about the company/legal entity that employs You.
5.4 When registering a User Account, You agree to provide truthful, accurate and complete information and You agree to maintain and without any delay update any information provided. Any false identification or e-mail address or otherwise misleading information about Your identity is strictly forbidden.
5.5 If You create a User Account, You are responsible for maintaining the security of the User Account, and You are fully responsible for all activities that occur under the User Account.
5.6 The benefits that might be included in the Website are only available for Your personal use unless otherwise agreed between You, Damasteel and a possible third party in writing, and You are not allowed to sell or in any other way transfer these benefits.
6 Purchase of Damasteel’s products
7 Use of content
7.1 You acknowledge that all information, materials, functions and other content (“Content”) contained in the Website are Damasteel’s property (or the property of Damasteel’s licensors). All Content that is copyrighted by law is the sole property of Damasteel. All trademarks, service marks, trade names and trade dress are proprietary to Damasteel and/or Damasteel’s licensors. Damasteel may change the Website or delete Content or features at any time, in any way, for any and no reason.
7.2 Except as if specifically agreed in writing, no Content from the Website may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Website.
8.1 The trademarks, logotypes and names on the Website belong to Damasteel, Damasteel’s licensors or third parties. You are not allowed to use any marks or logos in any way without prior written consent.
9 Personal data
10.1 Damasteel reserves the right to display advertisements on the Website.
12 General Representation and Warranty
14 Limitation of Liability
14.1 In no event will Damasteel or Damasteel’s commercial partners, be liable for any personal injury or direct, indirect, incidental, special, consequential, or exemplary damages. Damasteel shall have no liability for any failure or delay due to matters beyond Our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
15.1 The term of this Agreement enters into force between You and Damasteel from registration of an Account or use any of the services provided on the Website. This Agreement shall continue in full force until either (i) You terminate Your User Account, or (ii) Damasteel closes Your User Account, with or without notice (the “Term”).
16.1 Damasteel may terminate Your User Account in the event of material breach of the Agreement such as misuse of the Website.
16.2 If Your User Account is terminated, Damasteel will close Your User Account.
17.1 Damasteel has the right to transfer its right and obligations under this Agreement and the Terms of Sale to a third party.
19 Invalidation of provision
19.1 If any part of this Agreement or the Terms of Sale is held to be unenforceable or invalid for any reason, said part will be changed and interpreted to best accomplish its original intent and objectives. Any remaining parts will continue in full force.
20.1 The failure by either party to enforce at any time or for any period any one or more of the Terms of Sale herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms of Sale.
21.1 All notices to a party shall be in writing and shall be made either via email or regular mail, unless otherwise specifically stated. The parties agree that all correspondence relating to this Agreement and the Terms of Sale shall be written in the English or Swedish language.
21.2 Notices to Us must be sent to the attention of Customer Service at firstname.lastname@example.org, if by email, or to Damasteel at the address below if by regular mail. Notices to You may be sent to the email or mailing address supplied by You as part of Your User Account.
21.3 In addition, Damasteel may broadcast messages and general information through the Website to inform You of changes to Our services or other matters of importance.
21.4 You may contact Damasteel at the following address:
815 76 Söderfors
22 Governing law and Disputes
22.1 This Agreement and the Terms of Sale shall be governed by and construed in accordance with the laws of Sweden without regard to its principles of conflict of laws.
22.2 Any dispute, controversy or claim arising out of or in connection with this Agreement, the Terms of Sale, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.
22.3 The seat of arbitration shall be Stockholm, Sweden.
22.4 The language to be used in the arbitral proceedings shall be English.