Standard Terms and Conditions for the Sale of Goods
1. Scope of Application
These standard terms and conditions (”standard terms and conditions”) apply to consumers, private individuals, institutions or companies (“Buyer” or ”customer”) when making an order from Kemppi Oy (”Seller” or ”Kemppi”, Kempinkatu 1, 15810 Lahti, Finland, tel. +358 3 89911, VAT Reg.Num FI20518261) through the Kemppi web shop at www.kemppi.com or another website associated therewith (”web shop”). These terms constitute an integral and essential part of the distance sale agreement (“agreement”) between the Buyer and the Seller.
2. Conclusion of the Agreement
Product orders are made in the web shop by adding the desired product(s) (“Goods”) to the basket and making the respective choice of payment. The agreement is concluded when the Seller has confirmed the order to the Buyer. Information contained in Kemppi’s advertising, brochures, or other written materials, whether on Kemppi’s web shop or given to you, is for information only and not an offer by Kemppi to supply any Goods. The confirmation includes the price and the costs of delivery of the order, the ordered Goods, as well as other information required by applicable mandatory legislation.
3. Duties of the Seller
3.1. Terms of Delivery
The Seller delivers the tracking code of the package to the customer by e-mail when the products are shipped. The Seller bears the risk of damage or loss of the products ordered during transportation .
The sold Goods are subject to legal guarantee provided by mandatory legislation and commercial warranty in accordance with the manufacturer’s terms and conditions stated in the warranty certificate. The warranty according to the manufacturer's terms and conditions constitutes the exclusive warranty for the Goods.
3.3. Properties of the Goods
The Seller is responsible for the quality and other characteristics of the Goods only in accordance with the information specified in the agreement. The Buyer is responsible for the accuracy of the information provided to the Seller (such as information on the intended use of the Goods).
In the event of a delay, the Seller shall inform the Buyer immediately upon becoming aware of such delay and shall state the reason for the delay and, if possible, an estimated new delivery date. Where the manufacturer of the Goods or the party from whom the Seller has acquired the Goods has not fulfilled its contractual obligations to the Seller and the Seller’s delivery is delayed as a result, the Seller shall not be liable for any damage caused to the Buyer. If the Seller's delivery is delayed due to fault on the Seller's part, the Buyer has the right to demand delivery, or in the event that the Seller's delivery is significantly delayed, to exercise the Buyer's right specified in clause 6.1, if the conditions of said clause are met
4. Duties of the Buyer
4.1. Customer information
When placing the order the Buyer provides his/her real name, phone number/mobile phone number and e-mail address. In addition to the information mentioned above, institutions and companies must include the trade registry number and/or VAT Number.
The Buyer warrants to the Seller that the information he/she has provides during the order process (and any notification of change of such information) is true and correct.
4.2 Purchase Price
The purchase price shall be the current price charged by the Seller at the time, including VAT in accordance with the VAT rate in force at the time. If no currency is mentioned, the price is in euros .
When a business from another European Union member state makes a purchase at Kemppi web-shop, 0% VAT is applicable due to intra-Community supply of goods. This requires the business to have a registered VAT number in European Union member state. If you have any questions, please contact our customer service
4.3. Term of Payment
Unless otherwise agreed, the term of payment shall be in advance using the payment methods provided in the web shop.
4.4. Reclamation and Repair of Defects
If the Goods delivered by the Seller are in any respect defective, the Buyer shall notify the Seller of the defect within a reasonable time from the date of delivery. The Seller shall primarily repair the defect or deliver new Goods.
5. Intellectual Property Rights
The sale of Goods shall not transfer to the Buyer any rights to trademarks, patents or other intellectual property rights related to the Goods.
Without the prior written consent of the Seller, the Buyer is not entitled to reproduce, in part or in whole, any pictures, drawings, calculations or other documents related to the offer or the Goods, or to reproduce the Goods or parts thereof, or to otherwise exploit the Seller's intellectual property rights.
6. Cancellation and Rescindment of the Agreement
6.1. The Buyer’s Right to Cancel the Agreement
The Buyer is entitled to cancel the agreement by notifying the Seller by e-mail or using the Contact Us form in the web shop within fourteen (14) days of the conclusion of the agreement. The right to cancel does not apply to Goods that have been made-to-order in accordance with the customer’s request or to any other custom-made products. If the customer cancels the contract after using the Goods apart from what is necessary to establish their nature, characteristics, and functioning, the customer shall be liable for any reduction in value.
6.2. Force Majeure
The Seller is not obliged to fulfil the agreement if a natural disaster, fire, machine failure or a comparable disturbance, strike, lockout, war, mobilization, import or export ban, lack of means of transport, termination of manufacture, traffic disruption, or other such hindrance that the Seller cannot reasonable overcome, prevents the delivery of the Goods in whole or in part. Also, if the fulfilment of the agreement would require the Seller to make sacrifices disproportionate to the benefit accruing to the Buyer from the Seller’s fulfilment of the agreement, the Seller is not obliged to fulfil the agreement. In the above-mentioned circumstances, the Seller is not obliged to indemnify the damage suffered by the Buyer due to the Seller's non-performance of its contractual obligations, and the Seller is also entitled to rescind the agreement without the Buyer having the right to present any claims against the Seller.
7. Transfer of Title
Unless otherwise agreed, title to the Goods shall transfer to the Buyer when the purchase price has been paid in full.
Notices to the other party shall be in writing.
9. Limitation of Liability
To the extent permitted by applicable mandatory legislation, the Seller’s total liability to the Buyer shall in all circumstances be limited to the agreed purchase price of the delivery, regardless of the object and the basis for the liability. Any liability of the Seller pursuant to section 3.5 above shall be included in the total liability. The Seller shall not be liable for any indirect or consequential damage or purely economic loss or loss suffered as a consequence of material damage, including but not limited to loss of production, loss of profit, or any other financial loss. This liability exclusion does not apply in cases of gross negligence or unlawful intent and does not apply to the liability of the seller for death or personal injury caused by the goods to any person or where has been a breach of a fundamental contractual obligation.
10. Applicable Law
These standard terms and conditions shall be determined in accordance with applicable mandatory legislation. Unless otherwise stipulated by applicable mandatory legislation, these general terms shall be construed in accordance with and governed by the laws of Finland.
11. Dispute Resolution
All disputes arising from these standard terms and conditions shall be primarily resolved by negotiations with the Seller’s customer service, and finally by a competent court as determined by applicable mandatory legislation. If the customer and the Seller are not able to settle the matter through negotiations, the customer can submit the matter to their local consumer protection agency. Alternatively, the customer also has access to the Online Dispute Resolution forum (http://ec.europa.eu/odr) maintained by the European Commission.
12. Returns & Reclamations
12.1 Delivery reclamations
If a shipment has been damaged during the transportation or any omissions are noticed during the unloading of the delivery, as soon as possible after becoming aware of the respective defect, the customer shall make a note of them on the delivery manifest and to inform the Kemppi’s sales department by e-mail or using the Contact Us form in the web shop. Information should include Buyers order details, reason for reclamation and photo of the shipment (especially in case of damage or defect). If Kemppi are at fault for any errors or omissions in the delivery, Kemppi will compensate for the missing or incorrect items.
12.2 Terms of return
Products may be returned within 30 days of delivery by filling in a return form via web shop or contacting customer service by email or using the Contact Us form in the web shop. The right for return is not applicable to institutions and companies or to goods that have been made-to-order in accordance with the customer’s request or to any other custom-made products.
Customer will obtain a returns number from Kemppi within one (1) week together with a returns number and instructions. Kemppi will organize and pay for the return transportation. The returns number is valid for fourteen (14) days, during which time the customer must relinquish the goods for delivery to Kemppi.
Customer is liable for any damages or loss of goods during the return transportation
The right of return is only applicable to goods in their unopened original packaging. The goods must be packed in the same or equivalent packaging in which received and suitable for transportation.
Returned goods will be credited after they have been received, inspected, and accepted, and latest fourteen (14) days after receiving the shipment.
Kemppi reserves the right to impose additional reductions if the goods are not accepted due to damage during the transportation or products being opened or used.