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General Terms and Conditions
Updated2016-03-28

The following general terms and conditions, including the Privacy Policy, is effective for sales of products from This is Nuts Sweden AB, business no. 556869-2262, (“This is Nuts”), unless another written agreement is in place between the Customer and This is Nuts. All sales from This is Nuts are subject to binding regulations regarding the protection of the Customer in respect of distance contracts and contracts negotiated away from business premises, including law (2005:59).

By agreeing to This is Nuts’ General Terms and Conditions, the Customer attests that he or she has turned 18 years and is legally able to enter into agreements with another party. In accordance with Swedish law, This is Nuts does not accept credit purchases by persons under the age of 18. This is Nuts reserves the right to deny or change a Customer’s order (for example if the Customer has entered false personal information and/or has a record of non-payments). In case a person needs permission from a custodian in order to register as a Customer at This is Nuts, the custodian needs to give his or her permission prior to registering, by contacting This is Nuts’ Customer Service (contact information available on Website).

This is Nuts will not be held responsible for items being sold out, or potential errors on the Website, for example misprints in the product description or content declaration, incorrect pricing, incorrect maximum number of products per order, or incorrect information about the availability of a product. This is Nuts reserves the right to correct such potential errors and change or update the information at any time. If an incorrect price has been quoted for a product that a Customer has ordered, This is Nuts will notify the Customer and delay processing of the order until receiving Customer approval of the correct price or number or, in case approval is not given, remove the product from the Customer’s order.

All images on the Website should be considered illustrations only. These illustrations are not guaranteed to depict the exact number of products the Customer will receive, or the appearance, function or origin of the product. This is Nuts is not responsible for third party information on the Website, including images.

The Website is owned by This is Nuts. The content on the Website is owned by This is Nuts or its licensors. The information is protected by copyright and marketing laws. This means that brands, business names, product names, images and graphics, design, layout and information about goods, services and other contents may not be copied or used without written permission from This is Nuts.

Acceptance and ordering

In order to shop through the Website, the Customer must accept the General Terms and Conditions. By accepting the General Terms and Conditions the Customer commits to following the General Terms and Conditions in their entirety, verifies that he or she has read the information regarding personal information and agreed to the use of personal information and cookies in accordance with This is Nuts Privacy Policy.

When the customer has finished placing an order from This is Nuts, This is Nuts will confirm the Customer’s order. A purchase agreement is not entered until This is Nuts has confirmed the Customer’s order, including which products have been selected, via email from This is Nuts to the Customer. This is Nuts advises the Customer to save this order confirmation in case contact is made with This is Nuts customer service. However, This is Nuts reserves the right to change or cancel the Customer’s confirmed order until the final order has been delivered.

Personal information etc.

The Customer can create a user account on the Website in order to shop from the Website. When the Customer registers his or her user account, the Customer will be asked to share certain personal information or business information. The Customer verifies that the information that the Customer fills out is correct and complete, and will be held responsible for leaving incorrect information. The Customer is only allowed to create one user account for personal use. Information about This is Nuts’ management of personal information can be found in This is Nuts’ Privacy Policy.

The Customer is responsible for preventing others than the Customer from using the Customer’s login information. The Customer is not allowed to share the user name and password with any unauthorized persons and is responsible for storing the user name and password in such a manner that any unauthorized persons cannot obtain the information. If the Customer suspects that an unauthorized person has accessed the Customer’s password, the Customer should report it to This is Nuts immediately. If such a report is not filed, the Customer is responsible for all purchases that have been made with his or her login information.

If This is Nuts suspects that the Customer is misusing his or her user account or login information, or is in other ways violating the General Terms and Conditions or the law (for example in case of suspected fraud), This is Nuts reserves the right to terminate the Customer’s account. This is Nuts also reserves the right to assign the Customer new login information.

Purchases

When purchases are made from the Website, the prices on the Website on the day of the Customer’s order are in effect. Should the price change before the delivery date, the price that was stated when the Customer finished his or her order is in effect. For subscriptions the price is determined when each unique order is created, normally 6 days prior to delivery. The price on the Swedish Website is stated in SEK and includes sales tax unless stated otherwise. The prices do not include fees (for example for shipping, invoicing etc.), which are stated separately.

This is Nuts’ goal is to always deliver fresh products with long durability. The products that the Customer is able to put in the shopping cart are at the time of purchase in stock at MatHem, however the availability of the stock may change before the order is picked for delivery. If a product is not deliverable, the Customer will be notified and the full purchase price is credited.

The Customer can pay using methods available on the Website. Payment can be made using bank card or direct transfer from a bank account. Payment with a bank card is made through the payment service provider Billmate AB (billmate.se). When a payment is made using a bank card, the order amount is reserved when the Customer places the order. The amount is deducted from the Customer’s account on the day of delivery. In some cases, it can take up to 7 work days before the Customer’s bank registers the payment in the Customer’s account. If the Customer cancels his or her order, Billmate releases the reserved amount. In some cases, it can take up to 7 work days before the bank takes notice and removes the order completely from the Customer’s account.

Invoices are paid through This is Nuts’ partner Billmate. The invoice from Billmate is sent as a PDF file via email.

For security reasons, This is Nuts does not accept cash or check payments. Read more about payment methods and discounts on the Website. This is Nuts reserves the right to not offer all payment methods at all times, and to change the payment method if what the Customer has chosen for some reason does not work at the time of purchase, or if the Customer is not approved for the chosen payment method.

This is Nuts offers free shipping, i.e. a delivery charge of SEK 0, on orders where the total value of the products is equal to or above SEK 500. The shipping cost for orders with a total value of less than SEK 500 varies depending on which delivery method the Customer has chosen.

Campaigns and special offers

This is Nuts sometimes offers campaigns on the Website. These campaigns are run in accordance with specific terms and conditions for each campaign, for example the Customer’s right to participate in the campaign, how long the campaign is active and what specific products are included in the campaign. This is Nuts reserves the right to cancel such campaigns at any time. Should a campaign be terminated or canceled these terms and conditions are in effect without changes. Offers for specific products on the Website are valid for a limited time and until stocks run out.

This is Nuts reserves the right to block a Customer from further purchases on the Website if there is reason to believe that the order is in violation with our general terms and conditions or the law (for example in case of suspected fraud).

Terms of delivery

General information about the delivery of Products

The Customer is responsible for all information that the Customer gives This is Nuts in conjunction with the purchase, for example the shipping address. This is Nuts is not responsible for potential problems (for example non-delivery or non-payment) that result from incorrect or incomplete information given to This is Nuts.

The Customer is liable for extra costs that may arise due to incorrect or incomplete information. We process the Customer’s order within 24 hours Monday through Friday, except holidays, and the Products should be delivered to the Customer within 5 work days (Monday through Friday, except holidays) from reception of the order confirmation.

Customers who have not received a shipping notice within the given time frame should contact This is Nuts to ensure that a mistake has not been made, for example in regards to the notification.

Delayed delivery and cancellations

If the delivery is delayed This is Nuts will notify the Customer. If the Product is not received within the promised time of delivery, the Customer always has the right to make a complaint in accordance with current directives of consumer rights. The complaint should be in writing and sent to This is Nuts via email. However, there is no automatic annulment of the purchase if This is Nuts has rectified the delay within a reasonable time frame. If a complaint is made due to delayed delivery, the Customer must give This is Nuts a reasonable time frame to fulfill the order. If a cancellation is made, This is Nuts may claim compensation for costs and losses incurred before the cancellation was made (for example shipping costs) and This is Nuts may deduct such a cost or loss from payment that the Customer has made to This is Nuts.

In case of cancellation This is Nuts will repay the purchase amount (after making deductions for reasonable costs or losses that were incurred due to the cancellation) without unnecessary delays and no later than 14 calendar days after receipt of the cancellation. In some instances, it is impossible to fulfill an order. This is Nuts is not liable for damage or losses incurred during transportation to the Customer. The individual Store which ships the Product assumes this liability. However, if a Product is damaged during shipping, the Customer should contact This is Nuts. This is Nuts will help the Customer in regards to questions about shipping and delivery. The Customer is responsible for potential returns, and all returns should be made in accordance with instructions from This is Nuts. The Customer should report potential damages from shipping to the freight company immediately in conjunction with delivery, since the freight company is typically liable for those damages and the window for submitting a complaint generally is very short. The Customer also has to report shipping damages to This is Nuts within a reasonable time frame after they are discovered or should have been discovered. If the Product is visibly damaged, the Customer is responsible for unpacking and inspecting the Product shortly after it has been received.

Unclaimed packages

If the Customer does not pick up his or her package within due time and the Product is returned, This is Nuts will deduct the actual shipping cost for the package, including sales tax, for each unclaimed shipment. This is Nuts will however repay the purchase price to the Customer, reduced by said fee, without unnecessary delay and no later than 14 calendar days after This is Nuts has received the unclaimed package.

In case the Customer missed to claim his or her package, the Customer can choose to have the package sent out again. In that case the Customer is only charged for the actual shipping cost for returning the Products to the Store in question and for sending it out to the Customer anew. This is Nuts will bill the Customer for this cost in a separate invoice which is sent out at a later date.

Pricing and payments

The prices and fees stated at This is Nuts’ Marketplace include sales tax, unless stated otherwise.

Gift cards

Gift cards purchased at the Marketplace are valid as payments for 1 year from the purchase date, or the shorter or longer time frame which is stated on the gift card, and are valid for all Products at the Marketplace, except gift cards.

Payment through invoice

Through a partnership with Billmate, This is Nuts offers Customers the opportunity to pay by invoice. The payment is then made through Billmate’s payment service. The complete general terms and conditions for Billmate’s invoicing service are available here: https://billmate.se/konsument/

Direct payment or payment with a bank card

The Customer can also use Billmate to pay through his or her online bank (Swedbank, Handelsbanken, SEB and Nordea) in a simple and secure fashion. There are no extra fees added to the Customer’s purchase. When the Customer pays through his or her online bank or with a bank card, Billmate takes care of the payment through its payment service: https://billmate.se/konsument/.

Security and confidentiality

The Customer’s information is encrypted and handled with the highest level of security, using an SSL certificate. In conjunction with a Customer registration and order the Customer agrees to let This is Nuts store and use the Customer’s information in order to fulfill its commitments toward the Customer. When making a purchase from This is Nuts, the Customer agrees upon This is Nuts’ Privacy Policy. This is Nuts also documents certain communications that This is Nuts has with the Customer via telephone or email, in order to provide the service that the Customer should be able to expect from This is Nuts. This is Nuts does not share the Customer’s personal information with third parties, unless this is required in conjunction with the Customer’s purchase, binding regulations or court order. According to PUL (the Swedish law that implements EU’s Data Protection Directive), the Customer has the right to take part of the information that This is Nuts has registered. If the information is incorrect, incomplete or irrelevant the Customer can ask that the information is corrected or removed.

The Customer agrees to This is Nuts sharing the Customer’s personal and address information with a third party in order to fulfill the Customer’s purchase according to Fyndiq’s current privacy policy. However, This is Nuts is not responsible for such third party’s use of the Customer’s personal information and will not be held responsible for potential advertisements or other marketing materials which the third party sends to the Customer, unless This is Nuts did not specifically ask that advertisements or similar materials are sent to the Customer.

This is Nuts takes fraud and attempts to commit fraud seriously and is actively working to prevent these.

Right of withdrawal

The Customer’s right of withdrawal is regulated by the law (2005:59) about distance contracts and contracts negotiated away from business premises, as well as current legal applications. In general, the Customer has 14 days to use his or her right of withdrawal for all products. This means that the Customer has the right to withdraw from the purchase agreement by leaving or sending a message about it within this time frame. The right of withdrawal only applies to sealed products if the seal is unbroken. For Products that are covered by the right of withdrawal the Customer may be liable to compensate This is Nuts for the reduced value of a Product, in instances when the Customer has handled the Product more than necessary to determine its qualities or function, which can be the case if the Product is returned used or damaged. The right of withdrawal period starts from the day the Customer receives the Product. This is Nuts will reimburse the Customer for the purchase price without unnecessary delay after the return package has been received or the Customer has proved that the Product has been returned. The Customer shall pay for the return shipping and is recommended to return the Product in the original packaging materials. This is Nuts recommends that the Customer contacts This is Nuts (contact information available at the bottom of this page) before making use of the right of withdrawal in order to return a Product. Right of withdrawal errands are handled expediently and without unnecessary delay by This is Nuts’ Customer Service. However, the right of withdrawal can also be used by filling out one of the standard forms that have been developed for this purpose (http://publikationer.konsumentverket.se) or by This is Nuts (link available at the end of these general terms and conditions). The Customer is aware that he or she must return the withdrawn Product within 14 days of notifying his or her intention to use the right of withdrawal, or the right of withdrawal will be forfeited.

In case of complaints or warranty claims This is Nuts will do an investigation to determine whether an error has been made. If such an investigation shows that no error has been made, This is Nuts reserves the right to charge an investigation fee in accordance with the paragraph below. If the Product is defective, the Customer may temporarily need to pay the return shipping cost, but in that case has the right to reimbursement. In case of complaints, the Customer is entitled to treatment in accordance with current directives of consumer rights. Hence, the Customer understands that This is Nuts, after reasonable time for consideration, may primarily offer the Customer delivery of a replacement Product, if this can be done within a reasonable time frame and without extra cost for the Customer. If that is not the case the Customer is entitled to ask for a reduced price or reimbursement for correcting the defect. If the defect is major, the Customer is entitled to annul the purchase. If the defect is not caused by the Customer but covered by warranty, the Product will be repaired or replaced by This is Nuts. Beyond this, the Customer has no further means to claim compensation from This is Nuts. The Customer is encouraged to save the order confirmation and receipt from his or her purchase and store it in a secure place, as the document will be needed in case the Customer needs to file a complaint in regards to the Product.

Investigation fee

If a product that is subject to a complaint or warranty claim is found to not have a defect for which This is Nuts is responsible, This is Nuts (or the party that ordered the investigation) reserves the right to charge the Customer a reasonable investigation fee. The investigation fee may not exceed SEK 350 and may only be charged if the Customer has been informed prior to the investigation that such a fee may be charged.

Disputes and applicable laws

Swedish substantive law will be applied to these general terms and conditions. In case of a potential dispute, This is Nuts will follow the recommendations of the National Board for Consumer Disputes (ARN). The Consumer may contact ARN at:

Allmänna Reklamationsnämnden

Kungsholmstorg 5

112 21 Stockholm 

E-mail: arn@arn.se

Phone: 08-508 860 00

The customer may also seek alternative conflict resolution through the EU Commission's Online Dispute Resolution service. In that case, a neutral party will help the Customer and This is Nuts and the Consumer resolve the dispute outside of the court system.

If a dispute in regards to these general terms and conditions remains after alternative dispute resolution has been sought, the case shall be tried by the district court in Stockholm as a first and only decision-making body.

All questions about This is Nuts’ general terms and conditions shall be directed to our customer service:  info@thisisnuts.co.  

Appendix 1 – Privacy Policy

The purpose of PUL (the Swedish law that implements EU’s Data Protection Directive) is to protect individuals against violations of his or her identity when personal information is handled. The law applies whenever personal information is handled, whether through the operations of the government, businesses or individuals. This is Nuts values and safeguards personal integrity. We always prioritize protection of the information that we are trusted with and naturally follow all applicable laws and regulations, for example PUL and other confidentiality agreements that are designed to protect your integrity. On our Website you will need to share personal information in order to complete a purchase. This information is necessary to fulfill your order or for you to be able to receive our newsletters. When shopping with us or subscribing to a newsletter you accept that we handle your personal information. By shopping at This is Nuts you as a customer agree that this personal information is used to/for:

Control that the buyer is whoever he or she claims to be;
Help you with post-purchase services;
Offer you new products and services if you desire;
Our newsletter;
Information for our partners, including those outside of the EU (see below)

In conjunction with providing our online services This is Nuts uses different partners, including partners outside of the EU. In these instances, This is Nuts is responsible for personal information and the dealings in regards to handling personal information are regulated through partner agreements.

This is Nuts will keep your personal information for three (3) years after our dealings have ended. This is Nuts will take reasonable action to keep personal information up to date and delete outdated, incorrect or unnecessary personal information. This is Nuts takes appropriate action to protect your personal information from a technical as well as an IT security standpoint.

This is Nuts may also handle personal information from other parties, such as resellers, and this policy applies equally to such parties’ personal information.

This is Nuts uses cookies. When you visit This is Nuts’ website, the information is stored on your computer, so that we can recognize your computer. This information usually consists of a text file which is called a “cookie.” A cookie is a file that makes it possible to identify your means of communication (for example a computer) but is devoid of personal information. Normally, cookies allow the collection of certain information about your computer, including your Internet Protocol (IP) address, your computer’s operating system, your web browser and addresses to websites that link to This is Nuts website. There are two types of cookies. One type saves a file on the visitor’s computer for a longer period of time and has an expiration date. Such cookies are deleted after the expiration date has passed. The other type of cookies is called a session cookie and lacks expiration date but disappears when the web browser (or other type of browser) is turned off.

We use cookies in order to send the right information to the right user, handle logins and send the right user to the right server. Cookies are also required for some of the functions on our website. Cookies are also used to analyze visits to our web pages and for anonymous demographic profiling, so that we can improve our services. This is Nuts may use so called web beacons (or “pixel tags”) on some of our web pages. However, we do not use them to identify individual users personally. Web beacons are normally graphics on a web page that are used to count visitors to a page and/or to access certain cookies. This information is used to improve our services. Web beacons normally do not collect any other information than your standard settings for any type of internet communication, which is shared with us by your web browser.

You can choose not to receive cookies or web beacons. However, this may impair the functionality of our website. A web beacon can continue to collect information about visits from your IP address, but this information will no longer be distinctive. If you do not wish to receive cookies or want to receive a warning before they are stored on your computer you can change the settings on your web browser, tablet computer or mobile phone.

Naturally you always have the right to know what information about you that This is Nuts handles and also ask that information is removed or changed if it turns out to be incorrect or incomplete. You can also ask that your information is not handled or used for direct marketing. If you have questions of this nature in regards to personal information we ask that you contact our customer service. The person in charge of personal information at This is Nuts is Ranja Maria Vardali.