Terms of Use

These Terms of Use were last updated on 2020-03-24

1 Background

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.
1.2 The following Terms of Use apply between You and Damasteel and govern all Your use of any social media that Damasteel uses, such as Facebook and Instagram, and Damaseel’s websites and subdomains, including all content – all information on this and other websites belonging to Damasteel, to which the website provides links, including data files, written text, photographs, videos, other images and marketing material – and services available at or through the website, (the “Website”). 

2 Agreement and content

2.1 Please read these Terms of Use and the Privacy Policy carefully before accessing or using the Website or creating a User Account. You are concluding a legally binding agreement based on these Terms of Use and the Privacy Policy (the “Agreement”) with Damasteel. If You do not agree to any of these Terms of Use, including the Privacy Policy, You may not create a User Account or use any of the services provided on the Website. 
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.
1) Terms of Use
2) Privacy Policy 
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

3.1 By accessing the Website, creating an Account or continuing the use of any service provided on the Website You acknowledge that that: (1) You are at least 18 years of age, (2) You have the authority and legal capacity to enter into this Agreement and, if applicable, the (3) You have read, understood and agree to be bound by these Terms of Use and (4) You have read, understood and agree to be bound by the Privacy Policy. 
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

6.1 Damasteel’s products are also sold by retailers who are independent of Damasteel. The recommended retail prices listed on the Website are merely recommended retail prices. The retailers set their own prices and have their own Terms of Use/Terms of Sale/Terms and Conditions or the like. Damasteel cannot therefore influence the actual price offered by Your nearest retailer. Prices may therefore vary from one retailer to another. The retailers themselves decide the range of products they sell. Damasteel cannot therefore influence or guarantee that the products presented on the Website are actually available at your nearest retailer.

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 Trademarks

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

9.1 Damasteel processes Your personal data in accordance with the Privacy Policy, which you can find at [https://xxx.]

10 Advertisements

10.1 Damasteel reserves the right to display advertisements on the Website. 

11 Modifications to the Terms of Use, the Privacy Policy and the Terms of Sale

11.1 Damasteel hereby reserves the right to change the Terms of Use, the Privacy Policy and/or the Terms of Sale. A link to the most current Terms of Use, Privacy Policy and Terms of Sale will be available at [https://xxx] and the date of the "Latest Update" will be indicated at the top of the Terms of Use, the Privacy Policy and the Terms of Sale. Significant changes in the Terms of Use, the Privacy Policy and/or the Terms of Sale will be communicated to You by email or on the Website. Your continued use of the Website following the posting of such changes constitutes Your acceptance of the amended Terms of Use and/or the Privacy Policy, while an order by You of Damasteel’s products following the posting of such changes constitutes Your acceptance of the amended Terms of Sale. 

12 General Representation and Warranty

12.1 You represent and warrant that (i) Your use of the Website will be in strict accordance with the Privacy Policy, with the Terms of Use and with all applicable laws and regulations and (ii) Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

13 Indemnity 

13.1 By accepting these Terms of Use, You agree to indemnify and hold harmless Damasteel, Damasteel’s contractors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of Your use of the Website, including but not limited to Your violation of the Agreement or the Terms of Sale or any other matter relating to the Website.

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 Term

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”).
15.2 When this Agreement is terminated, You will no longer be able to purchase products through the Website. For products already purchased by You the Terms of Sale shall continue to apply along with the Privacy Policy and relevant parts of the Terms of Use.

16 Termination

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.
16.3 If You wish to terminate Your User Account, You need to email Damasteel at sales@damasteel.se using the email address that You created the User Account with. Damasteel will then permanently delete Your User Account including all data, not including information that Damasteel needs due to business reasons, or other personal data that We are forced to store due to applicable data protection legislation. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

17 Assignment

17.1 Damasteel has the right to transfer its right and obligations under this Agreement and the Terms of Sale to a third party.

18 Subcontractors

18.1 Damasteel has the right to hire subcontractors for the fulfillment of its obligations. In such cases Damasteel is fully responsible for the work performed by the subcontractors. What applies to subcontractors’ processing of personal data follows from the Privacy Policy.

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 Waiver

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 Notices

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 sales@damasteel.se, 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:
Damasteel
Stallgatan 9
815 76 Söderfors
Sweden

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.