Terms of Purchase
TERMS FOR PURCHASE FOR THE WEBSITE COLOUD.COM
Unless defined below, capitalized terms used in these Terms of Purchase shall have the meanings ascribed to them in
The inclusion of any products or services on the Website at a particular time does not imply or warrant that such products or services will be available at all times. COLOUD reserves the right to discontinue any product at any time.
COLOUD reserves the right to amend these Terms for Purchase from time to time without prior notice to you. The Terms for Purchase that will apply to your order will be those on the Website at the time you place your order.
2. ORDERS, DELIVERIES, PRICES AND DELIVERY CHARGES
You place your order through the system provided on the Website.
Once you have placed your order you will receive an order confirmation, through e-mail.
Please note that for the safe delivery of any order you must state a correct delivery address and contact details (no P.O. boxes – since the courier requires a signature upon delivery). The delivery address is to be an address where you can be reached during ordinary business hours - Monday through Friday. COLOUD is not responsible for any costs related to you providing COLOUD with an incorrect address or contact details, or an address where you cannot be reached during ordinary business hours - Monday through Friday.
It is not possible to redirect an order once it has been dispatched.
All orders are shipped from Stockholm, Sweden.
COLOUD exercises the utmost diligence in accepting and processing orders and will endeavor to deliver your order in accordance with your selected delivery option. Unfortunately COLOUD may be unable to deliver to certain countries and/or regions, in which case you will be informed thereof either when placing an order or thereafter.
Please, notice that your order will be shipped 1-2 business days after placing your order. For express deliveries, your order will be shipped the business day after placing it.
Keep in mind any time difference. We are located in Sweden and our business hours are in timezone GMT +1.
Though COLOUD aims to deliver within the communicated time frame, delivery may take longer due to unexpected events. In the unlikely event the delivery time exceeds 30 days, you may cancel your order.
Once your order is ready to be shipped from our warehouse (Stockholm, Sweden) you will receive the shipping information through an e-mail. For international shipments such e-mail will also contain the name of the courier and a tracking ID.
If your order does not arrive by the scheduled date, please contact courier’s customer support with the provided tracking number in your order confirmation. If you have not received any tracking number please contact COLOUD Customer Service via email store@COLOUD.com
The prices displayed at the Website include the statutory Value Added Tax (VAT) for sales within the European Union (“EU”).
For orders for deliveries outside of the EU, COLOUD do not collect VAT, GST, duties and/or taxes, etc. for the products (“Charges”), and COLOUD can therefore not state what your total price will be (including such Charges). You as a customer are responsible for paying all Charges related to the products, as you are the importer of the products. We recommend you to contact you local custom for details related to such Charges before placing an order. In case you refuse to pay such Charges, your will not receive the products.
For any uncollected products (e.g. due to incorrect address or contact details, or unsuccessful deliveries due to courier not being able to reach you, or non-payment of the Charges (if applicable)) you will be charged an administrative cost: EU – EUR thirty (€ 30), and outside of EU – USD forty ($ 40), however not exceeding the total order value. Order for uncollected products will automatically be cancelled, and you will be refunded any exceeding amount.
The cost for each delivery method is clearly indicated during the check-out process. If COLOUD are unable to deliver your order in full and have to make more than one delivery, there will not be an additional charge for any subsequent deliveries.
If for any reason COLOUD is unable to fulfill your order, you will be informed thereof at the earliest opportunity. COLOUD will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary, a representative from COLOUD will contact you to settle the refund.
3. WITHDRAWAL OF AN ORDER
Right of withdrawal
You have the right to withdraw an order, in accordance with what is set forth below, within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you receive the products. In case of an order for multiple products delivered separately, the withdrawal period will expire after 14 days from the day on which you receive the last product.
To exercise the right of withdrawal, you must inform us via email or regular mail of your decision to withdraw an order by an unequivocal statement. You may use the model withdrawal form set forth below, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
Upon withdrawal you shall send back the products to COLOUD, together with its original packing, labels or tags, inserts, accessories, etc, to the address provided to you by our Customer Service, without undue delay and in any event no later than 14 days from the day on which you communicated your withdrawal to COLOUD. The deadline is met if you send back the products before the period of 14 days has expired. All products sent by you to COLOUD are at your risk and you will have to bear the direct cost of returning the products.
COLOUD shall reimburse to you all payments received from you, including the costs of delivery (with the exception of (i) the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us and (ii) what is set forth below related to diminished value of the returned products), without undue delay and in any event no later than 14 days from the day on which COLOUD has received the products. COLOUD will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
You are liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the same. This means the products should not have been damaged, soiled, washed, altered or worn (other than to try the product on) and that any labels or tags should be intact.
Due to hygiene reasons, you have no right to withdrawal of in-ear products, and their accessories, if such product’s packaging has been opened, meaning that COLOUD only accepts withdrawal of unopened packages of in-ear products.
(Please include the following information via email if you wish to withdraw an order)
— To Zound Industries International AB:
— I (*) hereby give notice that I (*) withdraw from my (*) contract of sale of the following products (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
4. DAMAGED PRODUCTS
In case of any damages to a product or its packing upon delivery to you, COLOUD kindly ask you to notify COLOUD immediately upon receipt of the product. Please include in such notice information about the damage and photos of the damage of the product and/or its packing.
If so is requested by COLOUD you shall send back the product in question to COLOUD together with the couriers original packing, the product’s original packing, labels or tags, inserts, accessories, etc, to the address provided to you by our Customer Service, without undue delay. COLOUD will help you arrange return shipping of such products, COLOUD is not able to refund or compensate you for any costs incurred by arranging your own courier/shipping/postal service.
5. PAYMENT METHODS
You can pay for your products in the ways as set out below.
Credit card or debit card
You can enter your payment details at the time you place your order using a valid credit or debit card (as accepted by COLOUD at the time of payment). COLOUD reserves the right to check the validity of the credit or debit card, its credit status in relation to the order value and whether the address data is correct. COLOUD may refuse orders depending on the result of these checks.
Please note that COLOUD do not accept cash or checks.
You can also pay via PayPal. For such payments PayPal’s terms will apply.
6. COLOUD’ LIABILITY
If COLOUD breaches these Terms, COLOUD shall only be liable for losses that are a reasonably foreseeable consequence of such breach.
COLOUD is not responsible for indirect losses which are a side effect of the main loss or damage, for example loss of profits or loss of opportunity. COLOUD is furthermore not responsible for any losses that are due to an event that is beyond COLOUD reasonable control, which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident and terrorist activity.
COLOUD maximum liability to you for any loss or damage arising in connection with your order on the Website shall be limited to the total price of your order.
Nothing in these Terms shall exclude or limit COLOUD' liability with regard to any matter for which it would be unlawful for COLOUD to limit or exclude COLOUD’ liability.
7. INACCURACIES ON THE WEBSITE
COLOUD cannot guarantee that the content of the Website is free of inaccuracies or typographical errors at all times, nor can COLOUD guarantee that all the information is up-to-date. Although COLOUD strives to display the correct texts, images and pricing on the Website errors may occur. COLOUD may at any time amend the content of the Website and reserves the right to cancel any order prior to dispatch should we find that the price is incorrect. In such case COLOUD will notify you by email and give you the option of placing a new order with the correct price or cancelling your order. If COLOUD are unable to contact you, your order will automatically be cancelled.
COLOUD makes all reasonable efforts to accurately display the attributes of the products, including composition and colors. However, the actual color you see will depend on your computer system and configuration, and COLOUD cannot guarantee that your computer will accurately display such colors.
9. DEFECTIVE PRODUCTS
If there are defects in the products you have purchased, COLOUD abides by all statutory guarantee regulations. If you have a complaint regarding material or manufacturing faults in products that COLOUD has supplied, including damage incurred in transit, please inform COLOUD Customer Service via email store@COLOUD.com.
COLOUD reserves the right to assign or pledge to third parties any claim(s) for payment including any payment installments that have arisen in connection with the delivery of products.
If any part of these Terms for Purchase are disallowed or found to be ineffective by any court or regulator, the remaining terms and conditions shall continue to apply.
12. GOVERNING LAW
These Terms and Conditions are governed by Swedish law and any dispute shall be settled in a Swedish public court.
13. COMPANY INFORMATION
Zound Industries International AB
Contact Details: COLOUD Customer Service