Terms & Conditions

Lindström e-service – Terms and Conditions

Lindström Oy’s general terms of agreement (hereinafter referred to as the “terms”) for trade between companies.

1. Scope of application

These terms are applied to Internet trade between Lindström Oy’s (hereinafter referred to as “Lindström”) online shop (hereinafter referred to as “eLindström”) and customer companies unless otherwise agreed. eLindström is used to sell Lindström’s products.

2. Right of use

eLindström is meant for companies and organisations that buy products for their own use (hereinafter referred to as the “customer”). Lindström provides eLindström to the customer’s use on an “as is” basis without any warranty or corresponding commitment as to the properties of the service. Lindström may freely change eLindström as it deems fit and may at any time decide to discontinue the provision of the service.

If the customer already has a contractual relationship with Lindström for one of their services, it is not necessary to make a separate right of use agreement for the use of eLindström. Lindström’s customer service will provide upon request user identifiers to contact persons who have been authorised by the customer (hereinafter referred to as the “user”). When the user logs into eLindström for the first time, he/she accepts these terms to be binding on the customer he/she represents. Thereafter, the customer has the right to use eLindström in accordance with these terms.

The customer has the option to order products either as a contract customer or as a cash sale customer.

Contract customer – If the customer does not have a contractual relationship with Lindström, the customer can request the right of use agreement for eLindström with the identifier application on Lindström’s website. The customer must provide in the message the company/organisation name, address, business ID, contact person name, e-mail address and phone number as well as delivery address. Lindström’s customer service will send the right of use agreement to the contact person for signing. The contact person will be asked to return the signed right of use agreement by mail to the customer service of Lindström. After receiving the signed agreement document and a creditworthiness check, Lindström provides a user identifier and a password to the customer. When the customer logs into eLindström for the first time, he/she accepts these terms to be binding on himself/herself. Thereafter, the customer has the right to use eLindström in accordance with these terms. The customer undertakes to ensure that its users carefully maintain their user identifiers and passwords and do not disclose them to any third parties.

Cash sale customer – Pays any purchases as a cash sale customer with a debit or credit card. When placing an order, the customer must provide the company/organisation name, address, contact person name, phone number and e-mail address. No right of use agreement will be sent to a cash sale customer, but the customer accepts these terms to be binding on himself/herself while registering as a user.

3. Ordering a product

Products are ordered via the Internet, and the customer is responsible for any use of eLindström carried out under his/her user identifiers. There is a log in window on the website of Lindström, where the customer can log into eLindström. If products included in one order have different delivery times, the customer can choose a one-time delivery or partial deliveries. The delivery fee will be charged for every delivery in accordance with section 7.

4. Product prices

The price of the ordered product is the price given in eLindström at the time of the order including packaging. Product prices (VAT 0%) are given excluding delivery fees. The customer pays the product and delivery fees in accordance with these terms and the price given. Delivery fees are determined by weight and price list, as further described in section 7. Value added tax will be added to the prices and fees in accordance with the then-current regulations.

5. Payment term

Lindström invoices the contract customer two (2) times a month after the deliveries. The term of payment is 14 days net from the date of the invoice. Interest on delayed payments accrues in accordance with the Interest Act. Where the order is placed as a cash sale customer, purchases are paid in connection with the order, so that the foregoing payment term is not applied.

6. Order confirmation

An order confirmation is sent to the customer to the e-mail address of the user having placed the order. eLindström order confirmation states the delivery date from stock. Only confirmed orders are binding on Lindström.

7. Delivery

The delivery time from reserving the order varies according to the shipping zone the destination country belongs to. The estimated delivery times are as follows:

Finland Zone 0: 1 – 3 working days depending on delivery concept
Zone 1: 4 – 7 working days
Zone 2: 5 – 9 working days
Zone 3: 7 – 10 working days
Zone 4: 10 – 20 working days

Where the chosen delivery address of the order is “Collection from warehouse”, the customer’s order can normally be collected from the chosen place no later than 2 workdays after the provided “Delivery date from warehouse” information. The order confirmation/order number must be present when collecting the order. The order confirmation contains information on the delivery address and collection of the order.

If the delivery time of the product is clearly longer than the above-mentioned, Lindström aims to notify the new delivery time immediately after receiving information about it.

Term of delivery

Contract customer – Unless otherwise agreed, products purchased by the customer shall be delivered in Finland and EU region using the term of delivery DAP (Incoterms 2010) to the branch office as notified by the customer. Delivery costs and service fees will be charged in accordance with the price list as below “Fees by zones in EU region”.

Cash sale customer – Where the chosen delivery address of the order is “Collection from warehouse”, delivery fees will be removed from the order. The term of delivery is EXW (Incoterms 2010) from the place chosen by the customer while placing the order.

8. Order cancellation

An order is considered to have taken place and binding on the customer when it has been sent to Lindström. The customer can, however, negotiate about an order cancellation by contacting the Lindström customer service.

In that case, the following information must be provided:

• Order number
• Product names to be cancelled
• Reason for cancellation

9. Complaints and returns

All order-related complaints must be presented within seven (7) days from receiving the product. Complaints should firstly be sent via the customer feedback function provided in eLindström. The return of faulty goods must be arranged according to the instructions provided by Lindström. All returns must be agreed in advance with Lindström’s customer service. The contact information of the customer service is available on eLindström.

Cash sale customer – Defective product is always replaced with new or similar product. Defective product will not be refunded.

10. Lindström’s restrictions of liability

If a product is faulty, Lindström will send a flawless or corresponding product to replace it. The customer will not be entitled to any other remedy in consequence of faulty products.

Lindström is not liable for any indirect or consequential damage of the customer that may have been caused by the sold product or the fact that the order has not been received or that the product has not been delivered according to these terms. Indirect or consequential damage shall mean, inter alia, loss of profits or damage caused due to decrease or interruption in turnover or production.

Lindström is also not liable for damage that has been caused by issues outside of Lindström’s control, such as war, natural catastrophe, export or import ban, authority decision, interruption of general traffic, data communication or energy supply, labour dispute or other similar obstacle. A labour dispute will be considered a force majeure event also where Lindström is the target of or a party to such a dispute. Lindström will notify the customer without delay of the impacts of a force majeure event.

The maximum liability for damages of Lindström towards the customer shall not in any event exceed in aggregate the amount of the total price paid by the customer to Lindström for products ordered through eLindström during the period of six (6) months preceding the damage, exclusive of value added tax.

11. Changing the terms of agreement

Lindström reserves the right to change these terms without prior notice. The customer must read the effective terms before sending any orders. The changed terms are applied only to orders made after the change.

12. Disputes and applicable law

The aim is to settle any possible disputes firstly by negotiations between the parties. If the negotiations do not yield results within one (1) month from the dispute’s formation, any dispute,

controversy or claim arising out of or relating to these terms, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitration of the Finland Chamber of Commerce. The seat of arbitration shall be Helsinki, Finland, and the language of the arbitration shall be Finnish.

These terms and the contract emerging between the parties from them shall be governed by and construed in accordance with the laws of Finland without giving effect to any choice of law principles or provisions of the same.

Description of file:

Controller:
Lindström Oy
P.O. Box 29
FI-00581 Helsinki

Person in charge of the register:
Administrator of the CRM system
P.O. Box 29
FI-00581 Helsinki
lindstrom@lindstromgroup.com

Name of the register:
Customers of the online shop

Purpose of the register:
Delivering orders, invoicing, management of customer relationship

Content of the register:
Name and address information, telephone number, e-mail address, delivery address, business ID, order history, information on delivery and invoicing of products ordered by customer

Regular source of information:
Information provided by the data subject, controller’s own operations

Protection of the register:
Only appointed persons have access to the register (user identifier + password)

Regular data disclosures and data transfer outside the European Union or European Economic Area:
Data is not disclosed to outside instances. However, data can be disclosed in connection with transferring of the business. Data may be transferred outside the European Economic Area to the extent necessitated by the delivery of orders.