Terms and Conditions for Smilebutiken.se

This agreement is valid from 2023-02-24 to 2030-12-31

TABLE OF CONTENTS

1. General
2. Ordering
3. Prices and fees
4. Products and assortment
5. Payment
6. Performance
7. Delivery
8. Right of withdrawal and repurchase
9. Complaints and warranty
10. Returns
11. Reservations
12. Disclaimer
13. Personal data and confidentiality
14. Other


1. GENERAL

These terms and conditions of purchase (the "Agreement" below) are adapted for online sales (distance selling). SMILEA AB (Organization number: 556823-7324) is the selling party. You, (the "customer" below), are the purchasing party. The terms of this Agreement are adapted for sales to private individuals over 18 years of age residing in Sweden and for the sale of goods (products below). With us, you as a customer can easily place an order at www.smilebutiken.se.
To increase clarity, there is a date stamp in the header. If the terms of the Agreement have changed, an end date is also specified. If an end date is specified, the Agreement is valid up to and including 00:00 on the day the Agreement expired.
Terms or parts thereof in this Agreement that deviate from mandatory legislation are void to the extent that the deviation is not to the customer's benefit. This condition only applies if the customer is a private individual and the purchase is for private consumption.

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2. ORDERING

At SMILEA AB, you order products easily and conveniently. We offer smart payment options and secure deliveries. SMILEA AB accepts your order when you click the "Complete purchase" button in the checkout (step 7 of 7). When SMILEA AB has received your order, you will receive an "Order confirmation" email to the email address you provided when ordering. When you click the "Complete purchase" button, this Agreement is concluded.

Orderer When you, as a customer, place an order, it is important that the name on your order is the same name as on your identification. For any subsequent changes, a change fee will be charged.

Changing an order You can change your order before we have booked your delivery. To change an order, please contact us by phone: 08-54022140 or email kundtjanst@smilebutiken.se.

Cancellation As a consumer, you have cancellation protection until your package has been collected. To cancel an order, please contact us by phone: 0854022140 or email kundtjanst@smilebutiken.se; a fee of 199 SEK will then be charged.

Open purchase As a consumer, you have a lifetime right of open purchase from the time your package is collected. To make a repurchase, please contact us by email at kundtjanst@smilebutiken.se. If the item you return is deemed used or lacks tags, the open purchase will be denied.

Right of withdrawal As a consumer, according to the Distance Contracts Act, you have a 14-day right of withdrawal from the time your package is collected.

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3. PRICES AND FEES

Prices are stated in Swedish kronor (SEK) including value-added tax (VAT) according to current tax regulations. VAT for VAT-liable products is charged at 25%. Fees for shipping and payment may be added to each order; see §5. Payment and §7. Delivery in this Agreement for more information.

Sweden 59 SEK

Denmark 79 SEK

Finland (excluding Åland) 179 SEK

Deutschland, Netherlands, Belgium, United Kingdom: 299 SEK

Weight volume max 31.5 kg per order

Return shipping label is included in your shipment if you order within Sweden. When using the return label, 59 SEK will be charged and deducted from the refund. You as the customer always pay for the return shipping back to us. For complaints or incorrect deliveries, see § 9.

Fee for uncollected shipment If you, as a customer, do not collect your order as agreed, we will charge a fee of 199 SEK including VAT. This fee is necessary to cover the shipping and handling costs incurred. Please note that not accepting or collecting a shipment is not considered a notification that you have regretted your purchase. For more information, see §8. Right of withdrawal and repurchase below.

Offers Offers and campaigns marketed on www.smilebutiken.se are valid as long as supplies last, unless other conditions are stated in connection with the offer.

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4. PRODUCTS AND ASSORTMENT

All products offered on www.smilebutiken.se are adapted for use in the Swedish market. This means, among other things, that the products meet Swedish environmental requirements and safety regulations. User manuals in Swedish are normally included if required for the product's use.

Color reproduction of product images The product images displayed on www.smilebutiken.se should reproduce the product's color and other characteristics as accurately as possible. Since color reproduction can vary depending on the type of monitor you, as a customer, use, we cannot guarantee that the product's colors exactly reflect the colors you perceive on your monitor.

Size recommendations we are happy to help with. Unfortunately, we cannot promise that it will be exactly right. Since it is difficult to recommend remotely, the decision of size will still be what you think suits you best.

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5. PAYMENT

In cooperation with Klarna, we offer invoice payment, partial payment, card payment, and direct payment.
All financial transactions take place via Klarna.
This payment solution is called Klarna Checkout. https://www.klarna.com/se/villkor/

Klarna Invoice Payment. Your Klarna invoice will be activated on the day your order is booked and shipped from SMILEA AB. The Klarna invoice is sent via Klarna. When you pay via Klarna invoice, you shop safely and easily. You never have to provide your card details, and you always pay after you have received your goods.
-Always receive the goods before paying
-14 days payment period
-You never have to provide card details
-Download your invoices from klarna.se
-Option for partial payment (Klarna account)
An invoice fee of SEK 0 per purchase will be added. If payment is not made, a reminder fee of SEK 60.00 will be added, as well as default interest of 24% plus the current reference rate. At the time of purchase, a credit check is performed, which in some cases involves a credit report. You will then receive a copy of the credit report by post. Personal data is handled in accordance with applicable legislation. Klarna processes personal data for the purpose of customer analysis, identification, credit control, and marketing. Social security numbers are used as customer numbers for customer management purposes.

Account Invoice Payment. Your Klarna account will be activated on the day your order is booked and shipped from SMILEA AB. The Klarna order specification is sent via Klarna. When you pay via Klarna account, you shop safely and easily. You never have to provide your card details, and you always pay after you have received your goods.
-Always receive the goods before paying
-14 days payment period
-You never have to provide card details
-Download your invoices from Klarna.se
-Option for partial payment
A fee of SEK 29 will be added here. If payment is not made, a reminder fee of SEK 60.00 will be added, as well as default interest of 24% plus the current reference rate. At the time of purchase, a credit check is performed, which in some cases involves a credit report. You will then receive a copy of the credit report by post. Personal data is handled in accordance with applicable legislation. Klarna processes personal data for the purpose of customer analysis, identification, credit control, and marketing. Social security numbers are used as customer numbers for customer management purposes.

Example from Klarna regarding partial payment.
The effective interest rate for a purchase of SEK 10,000, a monthly administrative fee of SEK 29, a variable interest rate of 19.90%, and payment over 12 months is 29.22%. Each partial payment will then be SEK 955 per month, and your total cost will be SEK 11,458.

Card payment via Klarnacheckout. All card payments are handled with 3D-Secure. All card payments within Sweden are handled by SMILEA AB's partner Klarna AB, who verifies that the card is approved for purchase. All card information is encrypted, meaning no unauthorized person can view it. No administrative fees are charged for card purchases. When ordering, a reservation of the purchase amount is made on your account. The money is only debited when the goods are shipped.

Card payment is possible with the following card types:
-VISA
-MasterCard
-American Express

Card payment outside Sweden. If you order from SMILEA AB from a country other than Sweden, your payment will be handled via Nets and your money will be deducted directly from your card. All card payments are handled with 3D-Secure.

Card payment is possible with the following card types:
-VISA
-MasterCard

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6. PERFORMANCE

SMILEA AB begins performance of this agreement when you click the "Complete purchase" button in the checkout. SMILEA AB has fulfilled its part of this agreement when you have received full delivery of ordered products in your possession. You, as the customer, have fulfilled your part of this agreement when you have made full payment and received delivery of ordered products as agreed.

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7. DELIVERY

SMILEA AB ships orders on weekdays (excluding public holidays) in cooperation with Postnord. The package is sent to your nearest pick-up point. The latest order time is 12:00 if the order is to be shipped the same day. Orders received after 12:00 on a weekday (excluding public holidays) will be shipped no later than the next weekday (excluding public holidays).

The shipping option "Pick up in Åkersberga" is for customers who visit the SMILE store in Åkersberga in person.

The shipping cost for orders within Sweden is 59 SEK including VAT. Shipping is added to each order and is shown in the checkout.

Shipping cost for countries other than Sweden:

Denmark: 79 SEK

Finland (excluding Åland): 179 SEK

Deutschland, Netherlands, Belgium: 299 SEK

Weight volume max 31.5 kg per order

DELIVERY TIMES

Delivery times are stated below. All products shown are in stock with us unless it is clearly stated that they are pre-order items.

Packages and Letters in cooperation with Posten. Packages and Letters are delivered within 1-3 working days within Sweden, calculated from the day the order was shipped from SMILEA AB's warehouse. Smaller shipments are delivered directly to your mailbox or hung on the door. Larger shipments are delivered to a PostNord agent. For shipments to an agent, you will be notified via SMS when the package is available for collection.

You are responsible for collecting your package if you do not receive a notification.

Packages must be collected within 7 days of the notification date. Uncollected shipments are returned to SMILEA AB, and you as the customer will then be charged a retrieval fee of 199 SEK including VAT. Booked packages are traceable via PostNord.
Delivery delay Should a delivery delay occur, we will contact you within 24 hours and inform you of the reason for the delay and a new delivery time. If we cannot remedy the fault within a reasonable time and the delivery time is of essential importance, the purchase can be canceled free of charge.

Pre-orders

For pre-orders of incoming collections from the Autumn/Winter or Spring/Summer collections, we immediately reserve your order in our system.

If your order contains pre-order items and stock items, the stock item is reserved and we wait for all ordered items before delivery.

See preliminary delivery week for each item on the website. Minor changes to previous preliminary delivery weeks are only communicated via the website.

Transport risk The risk of shipment passes to you as the customer when the delivery has been handed over to you. This means that SMILEA AB bears the transport risk until the shipment has reached you.

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8. RIGHT OF WITHDRAWAL AND REPURCHASE

Right of withdrawal Customers who enter into this agreement as private individuals have the right to withdraw (cancel) the agreement in accordance with the Distance and Off-Premises Contracts Act (2005:59). The right of withdrawal does not apply to customers who have entered into this agreement as a business owner. The right of withdrawal applies for 14 days (the withdrawal period), calculated from the day you, as the customer, received the shipment. For the right of withdrawal to apply, the item must be returned in substantially unchanged condition. This means that you may not use the products to a greater extent than is necessary to examine them. In case of withdrawal, you, as the customer, must bear the cost of return shipping. SMILEA AB, however, always has the right to offer the customer more generous terms than those prescribed by current legislation.
Once returned products are received by SMILEA AB, or proof has been provided that the item has been returned, SMILEA AB will refund what you have paid within 14 days. Should you, as the customer, return fewer products than the order comprises, only the value of the goods for the products you return will be refunded within 14 days. If you use the prepaid return shipping label for the return, the applicable fee will be deducted from the refund.

Here is a Withdrawal Form from the Swedish Consumer Agency that can be used as an alternative to the enclosed return slip.

If the item you return is deemed used or in such poor condition that it cannot be resold, the right of withdrawal cannot be denied, but a price reduction due to depreciation of 100% can be applied. If an item is missing its tag, the open purchase does not apply.

Contact information SMILEA AB Sågvägen 2, 184 40 Åkersberga
Email: kundtjanst@smilebutiken.se
Phone: 08-540 221 40

Lifetime Open Purchase Open purchase is offered for life from the time the product is delivered to you. SMILEA AB repurchases products at the value you paid for the products, including shipping costs. The customer is responsible for covering the return shipping cost when utilizing open purchase.

The following conditions apply for open purchase:

-The product must be unused and in undamaged condition, and all tags must remain on the product.

-The original packaging must be in undamaged condition.

Using Open Purchase Instructions on how you, as a customer, should proceed to use open purchase are enclosed in each shipment.

Lifetime return policy. You always have the right to return a product from the time it is delivered to you.

For returns: The product must be unused and in undamaged condition and all tags must remain on the product.
The original packaging must be in undamaged condition.

Return of products See §10. Returns below for information on return procedures for returning products.

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9. COMPLAINTS

Contact us for complaints and incorrect deliveries

Contact us at SMILEA AB by phone at 08-54022140 or kundtjanst@smilebutiken.se. You can also visit us at Sågvägen 2 in Åkersberga to make a complaint or raise an issue.

An image and explanation of the complaint should be attached to the email.

Returns in case of complaints and incorrect deliveries. SMILEA AB will inform you how and if the item should be returned.

Returns must be communicated to SMILEA AB when they are made. Our recommendation is that you wait to send the return until we have responded to you.

See §10 Returns for further instructions on how the package should be packaged.

Conditions for complaints In case of a complaint, a picture of the damage must be sent via email to kundtjanst@smilebutiken.se.

Customers who have purchased a product as a private individual have the right to claim the product if it is faulty in accordance with the Consumer Sales Act (1990:932) and the Consumer Services Act (1985:716). The right to claim covers original defects and is valid for 3 years from the date you received the product. The right to claim also covers defects that have occurred during the transport of the product to you. A product that deviates from what has been agreed between you and SMILEA AB or otherwise shows defects can also be considered faulty. Defects that have occurred due to damage you have caused are not considered original defects. If you claim a faulty product more than 6 months after you received the product, you are also responsible for proving that the defect in the product was original. SMILEA AB therefore always recommends examining products upon delivery and reporting any defects as soon as they are discovered. In the event of a claim for a faulty product, you as the customer primarily have the right to have the defect rectified. If the defect cannot be rectified, the item will be replaced or the purchase will be cancelled and compensation will be paid. In the event of an approved claim, you shall be indemnified for any costs incurred due to the claim. SMILEA AB will send a return shipping label to be used for returning claims. Please note that you, as the customer, should minimize any costs incurred as far as possible if a product proves to be faulty.

A complaint must be reported to us within a reasonable time after it has been discovered. Two months is considered a reasonable time.

In case of dispute Swedish law shall apply to these terms and conditions of purchase. In the event of a dispute, SMILEA AB follows the recommendations of the National Board for Consumer Disputes. For questions regarding SMILEA AB's terms and conditions of purchase, customers are referred to SMILEA AB's customer service by phone: 08-54022140 or by email at kundtjanst@smilebutiken.se.

Here is a link and postal address for the National Board for Consumer Disputes

National Board for Consumer Disputes

Box 174 101 23 Stockholm

Tel: +46 (0)8-508 860 00

Visiting address Kungsholmstorg 5

Here is a link to the European Commission's online platform for dispute resolution, ODR. This platform is an opportunity for you as a customer to get help resolving a dispute.

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10. RETURNS AND EXCHANGES

When returning products to SMILEA AB, they must be packaged in such a way that they are protected during transport. SMILEA AB therefore recommends that the customer package the return with double packaging and with equivalent outer packaging as when the product was delivered to you as a customer. If you have packaged the return inadequately and the product is damaged during transport to SMILEA AB, you as the customer are responsible for the damage.
When returning products to SMILEA AB, you are responsible for ensuring that the products reach SMILEA AB in undamaged condition. SMILEA AB recommends that customers use traceable shipping for returns.

Exchange. For an exchange, you as a customer need to place a new order and return your previous purchase.

No free returns. You as a customer always pay for the return shipping to us. You as a customer decide which return option best suits your return depending on the value of the item being returned.

Return label is enclosed with your shipment; a used return label will be charged at SEK 59. Alternatively, you can arrange the return shipping yourself. Return shipping from Denmark is SEK 99. See §3. Prices and fees in these terms and conditions of purchase.

The fee for a return shipping label will not be charged if the return is due to an approved claim.

Returns may not be sent as "return to sender," registered mail, cash on delivery, or C.O.D.

Refunds We will refund the money within 14 days at the latest when exercising the right of withdrawal and open purchase or if a refund has been decided in a complaint case. All refunds will be made in the same way as the original payment, unless explicitly agreed otherwise with the consumer.

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11. RESERVATIONS

Cancellation reservation SMILEA AB reserves the right to cancel the agreement in the event that the customer has acted in bad faith due to inaccuracies that the customer was aware of or should have realized, such as incorrect information about price or quantity on www.smilebutiken.se. In the event that the cancellation reservation is invoked, the customer is not entitled to damages or other compensation from SMILEA AB.

Reservation for changes SMILEA AB reserves the right to change the content of www.smilebutiken.se without prior notice, which includes, but is not limited to, product range, prices, and promotions. Such changes do not, however, affect already concluded agreements between SMILEA AB and the customer.

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12. DISCLAIMER OF LIABILITY

Force Majeure In the event of government action or omission, new legislation, labor dispute, war or threat of war, major disturbance of public order, sabotage, extreme weather conditions, fire, explosion, natural disaster, accident or other circumstance beyond SMILEA AB's control and which SMILEA AB could not reasonably have overcome or foreseen, SMILEA AB shall have the right to withdraw from its obligations under this Agreement. In such an event, SMILEA AB shall not be liable for damages incurred by the customer.

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13. PERSONAL DATA AND PRIVACY

Information such as personal data or other data or part of a document that the customer provides to SMILEA AB will be stored and processed in digital format. SMILEA AB is responsible for ensuring that the data is stored and processed in accordance with the Personal Data Act. The customer's data will be used by SMILEA AB to enable and ensure the fulfillment of the Agreement.
Data Controller: SMILEA AB (Org. 556823-7324) Sågvägen 2 18440 Åkersberga
Customer data stored:
-Name
-Address
-Email address
-Phone number
-Personal identification number
-Purchase history at SMILEA AB

The information may also be disclosed to third parties and used for the purposes stated below:
-Contract partners within payment services to ensure the fulfillment of the agreement.

Register extract: If you, as a customer, have entered into this agreement as a private individual, you have the right to request a register extract once a year free of charge. A register extract specifies what information about you is stored. You request this by sending a signed request to the postal address above. If the information we have about you is incorrect, incomplete, or misleading, we will, of course, correct it.
Deregistration of customer data: You, as a customer, can have your customer data at SMILEA AB deleted upon written and signed request, subject to such information as is required for SMILEA AB to maintain good accounting and bookkeeping practices.

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14. MISCELLANEOUS

Police report SMILEA AB routinely reports all fraud and attempted fraud to the police.
Discrepancy between different publications If there are differences between information on www.smilebutiken.se and other publications, the information provided on www.smilebutiken.se shall take precedence. However, this does not apply to information that is obviously incorrect or misleading when comparing the different publications.
Intellectual property, logos, and trademarks All material published on www.smilebutiken.se, including software, logos, audio files, trademarks, and text & images, is protected by intellectual property rights. This protection means that the material may not be used without the permission of the rights holder, nor may it be copied or otherwise transferred to third parties without the express permission of SMILEA AB. Any infringements will be prosecuted.
Purpose of information All information on www.smilebutiken.se, regardless of format, is published exclusively for informational purposes to enable visitors to use the website. SMILEA AB is therefore not responsible for the consequences or damages that may arise if this information is used for any purpose other than that stated above.
Cookies Cookies are small text files that are saved on the visitor's computer when they visit a website. The following types of cookie files are used on www.smilebutiken.se:
Session cookies: "Session cookies" are only temporarily saved on the visitor's computer to enable them to use the website without problems. When the visitor closes their browser, saved session cookies are also deleted.
Persistent cookies: "Permanent cookies" are saved on the visitor's computer and are persistent. Persistent cookies are used, among other things, to identify a returning visitor and sometimes also as a basis for statistics programs. The visitor can manually delete this type of cookie file from their computer. If these files are deleted, choices made by the visitor on the website, among other things, may no longer be saved on the next visit.
Disputes Disputes between SMILEA AB and you as a customer will be tried by the court that follows from mandatory legislation. In the event that a case is tried by the National Board for Consumer Disputes, SMILEA AB will follow the Board's decision.

Terms and Conditions - Version number: 201-41-315

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