The Ode To - Terms of Service

Terms of Service

OVERVIEW

This website is operated by The Ode To AB with organisation number 559125-0815. Throughout the site, the terms “we”, “us” and “our” refer to The Ode To AB. The Ode To offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site or using any part of the site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - GENERAL CONDITIONS

By agreeing to these Terms of Service, you represent that you are at least 18 years old. The Ode To does not accept, according to Swedish law, credit card purchases to people under the age of 18. We reserve the right to deny or change a Customer’s order (for example, if the Customer has provided incorrect personal data or and/or has any record for non-payment of debt).

We reserve the right to refuse service to anyone for any reason at any time. 
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site is at your own risk. We shall have no liability in case products are sold out or incorrect information with regards to whether a product is in stock.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). 

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 3 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

SECTION 4 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. 
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected

SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 6 – INTELLECTUAL PROPERTY

The Website and all its content is owned by The Ode To or its licensors. The information is protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout and information about products, services and other content may not be copied or used without the prior written consent of The Ode To.

SECTION 7 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.  

SECTION 8 – GIFT CARD

Gift cards sold by The Ode To are valid for two (2) years from the date of issue and can be redeemed in The Ode To’s web shop. After the expiry date, the card cannot be used as payment or reactivated, nor can any remaining value be reimbursed. Your gift card constitutes legal tender at The Ode To and must be stored securely. Gift cards cannot be exchanged for cash. Lost or stolen cards will not be replaced.

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy click here.

SECTION 10 – PAYMENT

KLARNA’S PAYMENT ALTERNATIVES

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
·         Pay later.
·         Slice it. 

Further information and Klarna’s user terms you can find 
here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.

In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you.  

General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna’s privacy policy.

PAYPAL PAYMENT

When paying by PayPal, The Ode To reserves the right to check the validity of the PayPal account, that there is enough funds to cover the purchase sum, and validate the billing address details of the purchaser. The Ode To reserves the right to deny any purchase. Your PayPal account will only be debited after your order has been dispatched from the warehouse. The currency used is Swedish Krona (SEK) for all countries. Swedish VAT is included in all our prices.

SECTION 10 – TAXES AND DUTIES

Within the European Union orders are shipped on DDP (Delivery Duty Paid) basis, meaning that all taxes and duties are included in the final price.

SECTION 11 – DELIVERY AND SHIPPING

Products in stock are normally delivered within the number of working days set forth on the Website. Unless otherwise agreed (e.g. in connection with reservation of products not in stock), delivery will be made no later than 30 working days after The Ode To has confirmed the order in writing through the order confirmation. Further information about The Ode To’s delivery of products and the conditions for delivery are set forth here.

The expected delivery time is set forth in the order confirmation, at the checkout and/or on the current product page on the Website. Unless otherwise expressly agreed and if a delivery is delayed for more than 30 working days and it is not due to you as Customer, you are entitled to cancel the purchase.

If any package shall be picked up at a specific delivery point, the Customer shall do so within the time specified in the notification. Packages shall normally be retrieved personally with valid identification and order number. The Customer will receive a notification of delivery stating when and where the package shall be picked-up or received. The notification may be made by e-mail, ordinary mail and if the Customer has provided a mobile number, also by phone or SMS.

If any package shall be delivered to a specific address, we require a physical street address and signature upon delivery. The carriers are unable to deliver to post office boxes. You can specify an alternative address, e.g. your office, as shipping address for daytime delivery. If the carrier is unable to deliver, you will be notified by letter, sms or e-mail and you can schedule another delivery attempt. Please note that the carriers’ services and processes differ among countries and cities. The Ode To cannot be held responsible for changes to the carriers’ terms of service, therefore please refer to dbschenker.com, ups.com or fedex.com for current information for your specific location.

The Ode To is entitled to charge the Customer a fee of 150 SEK if the package is not retrieved, to cover for the double shipping fees and handling charges.

TRANSPORT DAMAGE
Goods should be checked for any damage when the Customer receives the delivery. Goods with visible external shipping damage should be claimed from The Ode To, the Customer has to have the damage noted on the bill of lading from the shipping company in connection with the receipt and the driver should note the damage. If the Customer would discover hidden defects / transport damages after opening the package, this should be communicated as soon as possible to The Ode To. At any transport damage The Ode To should be contacted together with a message with clear pictures of the damage and possibly damaged packaging and provide the email with the order number. If the transport provided without endorsement, by proxy, the transport may not be claimed.

SECTION 12 – WITHDRAWAL AND RETURN OF ORDER

You may cancel or return your order from the date you place the order until 14 days after receipt of the ordered items. If the Customer wishes to withdraw a purchase, the Customer shall, prior to the expiry of the withdrawal period, send a clear message to The Ode To in the manner set forth here. The Customer shall provide their name, address and other relevant information, e.g. order reference, invoice number and the name of the product in the message.

If the Customer uses their right of withdrawal, the Customer shall pay for the return shipping costs and is responsible for the condition. The return and the financial responsibility for the return is the Customer’s until it reaches us, so we recommend that the Customer uses a trackable delivery service. The returns label should be attached to the outside of the parcel, making sure that the original address label is covered.

The product shall be returned within 14 days from the date when The Ode To was notified of the withdrawal. The product shall be sent well packaged, in good condition and in its original box and/or packaging. This means the items should not have been damaged, soiled, torn, wrinkled, altered or folded and that any labels or tags should be intact.

When the Customer withdraws their purchase, The Ode To will refund the amount the Customer has paid for the product, including shipping costs. Any additional shipping costs due to the Customer choosing another delivery than the standard delivery offered by The Ode To are exempted from refund. Upon return of part of an order, the shipping costs will not be refunded. The Ode To is entitled to deduct an amount from the amount to be refunded, which corresponds to the depreciation in value of the product compared to the original value of the product, if and to the extent such depreciation in value is due to Customer having handled the product to a greater extent than necessary to determine its function or characteristics.

The Ode To will pay back the amount without undue delay, however, no later than within 14 days from the date The Ode To received the Customer notification of withdrawal. However, The Ode To may delay repayment until The Ode To has received the product or the Customer has provided proof that the product has been returned, e.g. by means of certificate of delivery. Repayment will be made to the Customer by the payment method chosen by the Customer, unless otherwise agreed or if there is any objection for such a repayment.

SECTION 13 - FORCE MAJEURE

The Ode To is not liable for any delays caused by circumstances beyond our control, e.g. general labour dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, The Ode To shall inform the Customer accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and The Ode To are entitled to terminate the purchase with immediate effect.

SECTION 14 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 
In no case shall The Ode To, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

SECTION 16 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless The Ode To and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 17 - SEVERABILITY

If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other Terms shall continue to apply.

SECTION 18 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). 
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Sweden.

If a dispute cannot be resolved through discussion with The Ode To’s customer service, you, as the customer, can directly submit complaints online via the EU-commission’s dispute resolution platform, which can be found at the following link http://ec.europa.eu/consumers/odr. If you submit a complaint via that platform, your submission will automatically be forwarded to the correct national body responsible for resolving disputes. That body will then contact us and try to resolve the dispute without court involvement. In the event of any dispute, The Ode To will comply with the decisions of the Swedish National Board for Consumer Disputes.

SECTION 20 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. 
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at customerservice@theodeto.com.

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