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Mezerah

Mezerah eshop - Terms and Conditions of Sale

These Terms and Conditions govern the supply of goods by Mezerah pursuant to website orders and orders placed by telephone, post or email. Defined terms are capitalised and definitions appear at the end of this document.

1. Contract Process

a. Where You submit Your Order to Us on our Website or by emailing Your Order direct to Us at mezerah.eshop@gmail.com .

i. If you have placed your order via our Website you will receive an electronic confirmation of receipt of your Order and of the details of Your Order as soon as is reasonably practicable. You will be notified separately if the Goods are unavailable or if Your Order cannot be fulfilled for any other reason.

ii. If at any time you wish to alter the details of your Order, please contact mezerah.eshop@gmail.com. You will not be able to alter the details of the Order once the Order has been placed in our order processing system (This does not affect the rights of Consumers set out in clause 9 below).

iii. No binding contract is formed until We have placed the Order in our order processing system.

b. Where You submit Your Order to Us by telephone or by post:

i. You will be notified if the Goods are unavailable or if your Order cannot be fulfilled for any other reason.

ii. No binding contract is formed until We have placed the Order in our order processing system.

c. We will retain a copy of the Contract for one year in the case of all orders, the Contracts for which will be kept for 5-6 years. We strongly advise You to keep a copy for Your own records.

2. Obligation to Supply

a. We are only liable to supply You with those Goods which:

i. You describe accurately in your Order; and

ii. are in stock at the time of receipt of Your Order.

b. Where You do not accurately describe the Goods, We will use Our reasonable endeavours to supply the correct Goods but You shall not rely on Our skill and judgment in selecting the Goods. We will accept the return of the Goods to Us and issue You a credit invoice if the Goods delivered do not match the description given in Your Order.

3. Delivery

a. We will despatch the Goods to an address in Sweden during normal business hours within 3 days of the date of receipt of your Order, or the publication date of the Goods (whichever is the later).

b. Where the delivery address is outside Sweden we will despatch the Goods within 3 days of receiving Your Order.

c. Where We cannot deliver, whether due to a Force Majeure Event or otherwise, in accordance with the timescales envisaged at 3(a) and 3(b) above, We will advise You and give You the option to cancel Your Order or to accept a revised delivery date. We may make a partial delivery of your Order where not all items are available.

d. We will arrange the return of the Goods and issue You a credit invoice where We are responsible, and You have been charged, for a duplicated delivery.

e. We may refuse to accept the return of any duplicate Order or to issue You a credit invoice where, in our reasonable opinion, the Goods were delivered in accordance with a valid Order. In those circumstances, unless we agree otherwise, You will remain liable to pay Us the Price together with the delivery fee and any other applicable taxes or duties in accordance with clause 6.

f. Nothing in this clause 3 affects the rights of Consumers as set out in Clause 8 below.

4. Damage or Loss in Transit

a. We will replace at no extra cost to You any Goods damaged or lost in transit provided that You notify Us of the damage by telephone or in writing and provide photographic evidence of damaged goods as soon as is reasonably possible after receipt of the Goods.

b. Subject to clause 4(a) above, We will replace at no extra cost to You, any Goods which in Our reasonable opinion have been lost in transit provided that You notify us by telephone or in writing if the Goods fail to arrive within 28 days after the anticipated delivery date.

5. Warranty

a. We warrant that the Goods are of a satisfactory quality and reasonably fit for their normal purpose. We do not give any other warranties in respect of the Goods, their condition or delivery, and any warranties implied by statute are excluded to the fullest extent permissible under law.

b. We do not offer any warranties as to the accuracy or completeness of the information contained in any of the Goods.

c. These Terms and Conditions do not affect any statutory rights You may have.

d. If you believe that the Goods are not of a satisfactory quality, You may, within 30 days of delivery, notify Us in writing stating the reason for Your dissatisfaction. If we authorise return of the Goods and they are returned to Us in their original condition and at Your expense, We will promptly replace them or refund the Price of such Goods.

6. Payment

Payment is accepted by credit card and PayPal payment.

a. You shall prepay for their purchase with one of the Mezerah accepted payment methods. If You have not prepaid, You shall pay Our invoice for the Price of the Goods within 28 days of the date of Our invoice, unless Our Head of Sales or Credit Controller has agreed otherwise in writing.

b. If You do not pay any sums due hereunder by the due date for payment, We may charge interest on any outstanding amount at the rate of 2% per month above the base rate of the Nordea Bank of Sweden from the due date for payment to the date payment is made.

c. All payments shall be made in US dollar. You are responsible for paying any bank or transmission charge in addition to the Price.

7. Intellectual Property Rights

You will not do, or permit to be done, anything that may detrimentally affect Our copyright, trade marks or any other intellectual property rights in the Goods.

8. Cancellation of Order

a. Where You are a Consumer, You may cancel Your Order without giving any reason by notifying us in writing (or by email - mezerah.eshop@gmail.com) within 7 working days from the date of receipt of the Goods.

b. In the event that You are a Consumer and You choose to cancel your Order and return the Goods to Us in accordance with this clause, we will refund the Price, including the delivery fee, to You. You will be responsible for the cost of returning the Goods to Us.

c. Where you are not a Consumer:

i. You may cancel your Order at any stage before the Goods have been placed in our order processing system.

9. Waiver & Severability

a. Our failure to exercise or delay in exercising any of Our rights or remedies under these Terms and Conditions does not constitute a waiver of such rights or remedies.

b. If any provision of these Terms and Conditions is found by a court or administrative body of competent jurisdiction to be invalid or unenforceable, it shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect.

10. Communications

a. Apart from Orders placed pursuant to clause 1 above, any notices, request or other communication required under these Terms and Conditions shall be in writing, and may be delivered by post, facsimile or email.

b. Notices will be deemed to be delivered within 24 hours of posting where they are emailed, 48 hours of posting where they are delivered by ordinary first class mail to an address within Sweden and within five working days of posting where there are delivered by air mail to an address outside of sweden or, where they are sent by fax, on receipt of a successful facsimile transmission report.

c. Notices shall be delivered to Us at the address set out in these Terms and Conditions and to You at the address to which the invoice is sent or such other address as either party notifies from time to time.

11. Variation

These Terms and Conditions are the only terms which apply to this Contract. Any variation to these Terms and Conditions is valid only if it is agreed in writing by Our Marketing Director.

12. Headings

The headings used in these Terms and Conditions are for guidance only and shall not affect the interpretation of these Terms and Conditions.

13. Governing Law and Language

a. These Terms and Conditions shall be governed by Swedish Law and shall be subject to the non-exclusive jurisdiction of the Swedish courts.

b. These Terms and Conditions are written in the English or Swedish language and all notices and communications shall be in the English language. In the event that these Terms and Conditions are translated into another language, the English language text shall prevail.

14. Returns Policy

a. We will replace at no extra cost any goods damaged before or on delivery, if you notify us by telephone or in writing within five days of their receipt.

b. We will replace at no extra cost to you, any goods which in our reasonable opinion have been lost in transit provided that you notify us by telephone or in writing if the Goods fail to arrive within 28 days after the anticipated delivery date.

c. Where you are a consumer (non-business customer) and entitled to cancel under the Consumer Protection (Distance Regulations 2000), you may cancel your order without cause within seven days of receipt of the goods, provided that orders for the supply of audio or video recordings or computer software may not be cancelled once the goods have been unsealed. Otherwise you will not be entitled to cancel any order that we have already entered into our order processing system.

c. The Mezerah's acknowledgement must be sought before any goods are returned for credit. Customer Services email: mezerah.eshop@gmail.com 

15. Revision of Terms and Conditions

a. Mezerah may at any time revise these Terms and Conditions without notice by posting changes online. Users are responsible for reviewing all information posted online and the continued use of Mezerah websites after changes are posted constitute the user's acceptance of modified Terms and Conditions.

b. A user's authorisation to use Mezerah websites automatically terminates without notice if in the Mezerah's sole discretion the user fails to comply with any of the Terms and Conditions. On termination, the user must cease all use of Mezerah websites and destroy all and any materials copied directly or indirectly from any such websites.

16. Governing Law and Language

These Terms and Conditions are governed by the laws of Sweden. If any provision of the foregoing is held to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The Mezerah’s websites are maintained for the personal use and viewing of users. Access to and use of these websites is subject to the Terms and Conditions of use above.

17. Definitions

In these and any other Terms and Conditions included in the Contract, the expressions listed below shall have the following meanings:

"Contract" means the agreement between Us and You, which includes these Terms and Conditions, made by Our acceptance of your Order.

"Customer, (You, Your)" means whoever places the Order for the Goods with Us.

"Consumer" means any Customer who is a natural person acting for purposes which are outside his business.

"Effective Start Date" means the date of delivery of the first item of the Goods under a Subscription or Standing Order.

"Force Majeure Event" means any circumstances beyond Our reasonable control, including (but not limited to) accidents, flood, fire, natural disasters, industrial disputes, as a result of which the Goods are unavailable.

"Goods" means any items offered for sale by Us and requested by You in the Order.

"Order" means Your request to purchase any Goods. This includes Standing Orders and/or Subscriptions.

"Price" means that amount quoted in Our current price list from time to time plus delivery costs and any applicable Value Added Tax or other taxes or duties.

"Seller (We, Us, Our)" means Mezerah a company registered in Sweden. Our email address is mezerah.eshop@gmail.com

"Standing Order" means Your Order for any Goods published during the Term and fitting the description submitted to Us by You in the Order.

"Subscription" means Your Order for specific Goods to be published periodically during the Term.

"Term" means the period of 12 calendar months commencing on the date of the first delivery of the whole or any part of the Goods or any subsequent anniversary thereof.

"Website" means Our websites to be found at http://www.mezerah.se  or http://www.mezerah.com
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