*TERMS OF SUPPLY – ONLINE CONTRACT*
The following is the terms of the agreement between Caroan Consulting AB (“Company”) and the buyer (“Buyer”) of goods or services through the Company’s Websites (“Site”) katycaroan.simplero.com. Please review these terms carefully before completing your purchase:
The Site is operated by us and party hosted by our vendor simplero.com. We are registered in Sweden under our company name Caroan Consulting AB and company number 556792-2967. Our registered office is located at Carl Barks väg 14B, S-163 43 Spånga, Sweden.
Buyer agrees to the terms and conditions outlined in this Terms of Supply Online Contract (“Contract”) with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
The buyer must be at least 18 years of age and capable of entering into a legal contract. The buyer shall not enter into any agreements and/or place any orders where he or she does not have complete legal power and authority to do so and to assume all responsibilities related to these agreements and/or orders.
The buyer represents and warrants that any documents that he or she submits: contain no illegal content and will not be used for any illegal purpose (regardless of the jurisdiction where the content or purpose is illegal), and that the client is not violating any copyright or other ownership or contractual rights with respect any such documents. The client shall indemnify and hold harmless the company, its owners, employees, agents and other representatives (together, the “company representatives”) for any violation of the client’s representations and warranties under this provision.
The company representatives shall not be liable for any consequences resulting from the services provided. No claims shall be made against the company representatives for the deterioration or loss of any document or information belonging to the buyer.
All prices quoted are exclusive of VAT.
SETUP AND PAYMENT
Buyer represents and warrants that (i) the Paypal or credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by Paypal or the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password where applicable. Buyer agrees to keep his or her payment credentials confidential and to notify Company within 24 hours of any breach of this Contract or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer’s password or payment credentials.
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
EDITING, DELETING, AND MODIFICATION
Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
RIGHT TO REFUSE
Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the Site.
The Site may contain affiliate links for third-party products and services for the convenience of Buyer. Company is not responsible for any information on such third-party web sites nor can any claims be made against Company for any products or offers purchased through a third-party.
Buyer’s right to use the Service is not transferable and is subject to any limits established by Company or by Buyer’s credit card company.
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
Company will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract which is caused by events outside of Company’s reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Company’s reasonable control and includes in particular (without limitation) the following: Strikes, lock-outs, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, threat or preparation of war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transportation, impossibility of the use of public or private telecommunications networks and the acts, decrees, legislation, regulations or restrictions of any government.
Company performance under Contract is suspended for the duration of the Force Majeure Event and time will be extended for performance for the duration of such period.
If a service or product purchased is not to Buyer’s satisfaction, Buyer shall contact Company within 14 days of receipt via email to describe the defect or issue by using the email address firstname.lastname@example.org.
Buyer can return a physical product in its original condition within 14 days of receipt to the following address: Caroan Consulting AB, Carl Barks väg 14B, S-163 43 Spånga, Sweden. In such event, Company shall provide Buyer a credit for the purchase amount within 30 days.
Buyer may request a full refund of a digital product or service after completing the purchase if the digital product or service is un-rendered within 14 days of order confirmation. Buyer has no right to cancel Contract which includes the supply of content rendered or downloaded from Site or any other sites operated by Company.
Selected Company products and services are explicitly advertised with a “90 day money-back guarantee”. If Buyer purchases a product or service on Site with a “90 day money-back-guarantee”, Buyer may request a full refund of the amount paid for the product or service 90 days from the date of purchase.
This Section 11 sets forth Buyer’s sole and exclusive right to refund.
USE OF INFORMATION
Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.
This Contract shall be treated as though it were executed and performed in Sweden as a member of THE EUROPEAN UNION, and shall be governed by and construed in accordance with the laws of SWEDEN (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within 3 months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
All legal proceedings arising out of or in connection with this Contract shall be brought solely in Stockholm, SWEDEN and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
This Agreement represents the entire understanding between you and us regarding your relationship to Online and supersedes any prior statements or representations.