Gapwaves will not collect any personally-identifiable information about you, e.g. your name, address, telephone number or email address, through this website unless you have provided it to us voluntarily. In order to respond to your questions or fulfil your requests, it may be necessary to ask for personal information such as your name, address, e-mail address and telephone number. Gapwaves may use this information to respond to your requests, or to contact you via mail, e-mail or phone to fulfil your request. Gapwaves does not now or in the future intend to sell, rent or market personal data about you to third parties.
Information collected automatically
Gapwaves may collect information about you, which is generic in nature and is not personally identifiable, during normal website usage. Such data is not telling us who you are or revealing any other information of a personal nature. Examples of this type of information include the type of Internet Browser you are using, the type of computer operating system you are using, and your IP address.
When you view this website, or any other website linked from this website, we may store some information on your computer in the form of a “cookie”. This information allows us to measure website activity to tailor information to suit your individual preferences. Cookies may tell us the time and length of your visit, the pages you look at on our websites, and the website that referred you to our website. The goal is to save you time and provide you with a more meaningful visit.
You can set your computer to block cookies. However, this means that Gapwaves cannot guarantee that all areas of our web site will function as intended. The procedure for blocking cookies will depend on what browser you are using. Please refer to your Browser instructions or help screen to learn more about these functions.
TERMS OF SALE
Last Updated: June 9, 2017
1.1 These Terms of Sale (“Terms”) apply to all purchases of products (“Products”) which are sold through this website (“Site”) by (A.) Gapwaves AB (publ), (“us”, “we”, “our”), corporate registration number 556840-2829, a corporation organized under the laws of the Sweden, with its head office located at: Banehagsgatan 22, SE-414 51 Gothenburg, Sweden; and (B.) the purchaser (“you”, “your”).
1.2 Only businesses – not consumers (purchasing outside the scope of your business) – are eligible to purchase Products through this Site.
1.3 By visiting our Site and/or purchasing something from us, you agree to Terms including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
1.4 If you are an authorized distributor, you should, in addition, rely on priority terms that is part of your distribution agreement. Only if you are an authorized distributor in accordance with a distribution agreement with us, you are entitled to resell Products.
1.5 Please contact email@example.com if you have any further questions.
2.1 The following terms shall have the respective meanings indicated, and applicable to both the singular and plural forms:
“Acceptance” means that acceptance of your order takes place when we dispatch your Product.
“IP” means all forms of intellectual property, including, without limitation, property in and rights under copyright, patents, conceptual solutions, circuit layout rights, performance rights, design rights, designs, database rights, trade names, trademarks, service marks, methodologies, ideas, processes, methods, tools and know-how and entitlement to make application for formal or otherwise enhanced rights of any such nature.
“Specifications” means specifications made available by Company from time to time.
3. OFFER, ACKNOWLEDGMENT AND ACCEPTANCE
3.1 Any prices, quotations and Specifications made or referred to on this Site are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to Acceptance of your order.
3.2 While we make every effort to ensure that items appearing on the Site are available, we cannot guarantee that all items are in stock or immediately available when you submit your order. We may reject your order if we are unable to process or fulfil it. If this is the case, we will refund any prior payment that you have made for that item.
3.3 An order submitted by you (when you click the ‘Buy’ button) constitutes an offer by you to us to purchase Products on these Terms and is subject to our subsequent Acceptance.
3.4 You may receive an automatic e-mail acknowledgement of your order. This does not constitute our Acceptance of your order.
3.5 Our Acceptance of your order takes place when we dispatch your Product. We reserve the right to refuse service to anyone for any reason at any time.
4. YOUR REPRESENTATIONS
4.1 You should take care to ensure that all information that you provide when placing your order is up to date, accurate and sufficient for us to fulfil your order.
4.2 By placing an order, you represent that you have legal capacity to enter a contract.
4.3 You should ensure that your account information which is kept with us is accurate and updated as appropriate. Such information (and any passwords given to you for the purposes of accessing the Site and/or purchasing Products) should be kept secure against unauthorised access.
5. PRICE AND PAYMENT
5.1 Prices payable for Products are those in effect at the time of Acceptance. Prices may be indicated on the Site or an order acknowledgement but we will notify you of the final sale price at the time of our Acceptance.
5.2 We have the right at any time prior to our Acceptance to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labour or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. We also reserve the right to notify you of any mistakes in Product Specifications or errors in pricing prior to Product dispatch.
5.3 If the price of the Product increases or we change the Specification of the Product between the time that you place your order and the time of our Acceptance, we will notify you, you may cancel your order and you will be given a full refund. If you choose to proceed with your order it will be delivered to you in accordance with the revised Specification and/or at the increased price.
5.4 We may list the places that we deliver to on the Site (“Territories”). Unless otherwise specified, prices indicated are:
5.4.1 Exclusive of the costs of shipping or carriage to the agreed place of delivery within the Territories (charges for delivery are stated on the Site); and
5.4.2 Exclusive of VAT and any other tax or duty which (where applicable) must be added to the price payable;
5.5 Payment for shipping and applicable VAT or other tax or duty shall by standard be made prior to dispatch and by such methods as are indicated on the Site.
5.6 We will charge credit or debit cards on dispatch of the Product. We reserve the right to verify credit or debit card payments prior to Acceptance. Methods of payment accepted by us can be found on the Site.
5.7 We may agree to invoice you in advance, or extend credit for the purchase of Products from the Site. In such cases the following shall apply to you:
5.7.1 Where the payment is invoiced, each invoice shall be due on and made in full within thirty (30) days of the date of relevant invoice. If at any time you fail to pay any amount due on the relevant due date, we may by notice declare all invoiced amounts unpaid at that date to be immediately due and payable.
5.7.2 No counterclaim or set-off may be deducted by you from any payment due without our written consent. We may also act against you for the price of Products at any time after payment has become due even though property in those Products may not yet have passed to you.
5.7.3 Any extension of credit allowed to you may be changed or withdrawn at any time. Interest and fees for reminders shall be shall be charged in accordance with statutory regulations only.
6.1 If you become bankrupt or insolvent or enter a voluntary arrangement with creditors or you take any similar action or such action is taken against you in relation to your debts; or you fail to pay any amount by the due date, we may, in respect of any Products for which payment has not already been received by us:
6.1.1 Stop any Products in transit; and/or
6.1.2 Suspend further Product deliveries; and/or
6.1.3 By written notice terminate your order and all or any other contracts between us and you.
7. DELIVERY AND RISK
7.1 Delivery timescales/dates specified on the Site, in any order acknowledgement, Acceptance or elsewhere are estimates only. We will aim deliver the Products within a reasonable time. If we are unable to do so, we will give you the opportunity to cancel your order.
7.2 Delivery shall be to a valid address submitted by you and subject to Acceptance (“Delivery Address”). You should check the Delivery Address on any acknowledgement or acceptance we provide and notify us without delay of errors or omissions. We reserve the right to charge you for any extra costs arising from changes you make to the Delivery Address after you submit an order where changes are necessary because of your error in inputting the Delivery Address. Changes that you make to the Delivery Address after submitting an order may cause a delay in the delivery of your order.
7.3 If you refuse or fail to take delivery of Products, Products shall nonetheless become your property and:
7.3.1 You shall be responsible for all costs of Product storage and any additional costs incurred as a result of such refusal or failure to take delivery;
7.3.2 We shall be entitled 30 days after the agreed date for delivery, to dispose of Products and we may charge you for any costs associated with this.
7.4 Where we deliver Products by instalments, each instalment constitutes a separate contract and any defect in any one or more instalments shall not entitle you to cancel the contract as a whole nor to refuse to accept any subsequent instalment.
7.5 Save as otherwise provided in these Terms, risk of loss of or damage to the Products passes to you on delivery or when placed in your possession or collected by any carrier or transport provided by you.
8. REJECTION, DAMAGE OR LOSS IN TRANSIT
8.1 You should carefully check Products upon delivery to ensure that they are in satisfactory condition, in accordance with their Specification and complete. You may return purchased Products as follows:
(a) Products or any part thereof have been damaged or lost in transit. Provided that you have notified us about this damage or loss within 10 working days of receipt of the Products;
(b) there are defects in Products (not being caused by your use of the Products outside their intended or recommended use or outside manufacturer’s instructions). Provided that you have notified us about this defect within 30 working days of receipt of the Products; or
(c) the Products do not match their Specification. Provided that you have notified us within 10 days of such defect becoming apparent.
8.2 We shall not be responsible for any damage or losses: arising from defective installation of the Products by you; from the use of the Products in connection with other defective, unsuitable or defectively installed equipment which has not been supplied by us; your negligence; improper use of the Products or use in any manner inconsistent with the manufacturer’s specifications or instructions, and you shall not be entitled to return Products which have been damaged in this way.
8.3 Where we fail to deliver all or part of your order, or there is any defect in or damage to a Product or it does not comply with the Specification of the Product found on the Site or notified to you we may at our option:
(a) Make good any such shortage or non-delivery; and/or
(b) In the case of damage or any defect(s) in the Product:
(i) Where possible replace or repair the Product at our cost; or;
(ii) Refund the price paid in respect of any Products found to be damaged or defective, including any delivery costs.
9. RETENTION OF TITLE
9.1 If Products are delivered to you on credit or where you are to pay us by invoice and in either case we deliver the Products to you without having first received payment the following Clauses 9.2 to 9.4 shall apply.
9.2 Title to Products in any one order shall not pass from us to you until payment in full of the price payable in respect of such order (including any interest or other payments due in respect of those Products). Until payment has been made in full for any Products, you shall have possession of those Products as our agent and shall (subject to the provisions of 9.3 below) store the Products in such a way as to enable them to be readily identified as our property, and keep proper and accurate records to enable us to distinguish Products for which payment has been made in full of those Products for which payment is outstanding.
9.3 If you sell any Products, to the fullest extent permitted by law, you shall hold (on a fiduciary basis) all proceeds of such sales in trust for us and in a separate account. You undertake immediately upon being so requested by us to assign to us all rights in respect of those proceeds and that separate account and/or all rights and claims which you may have against any customers arising from such sales until payment is made in full as aforesaid and not to assign such rights and claims to any third party without our prior written consent.
9.4 We reserve the right to repossess any Products in respect of which payment is overdue, declined or lapses and thereafter to re-sell the same and for this purpose.
10. CONSENTS, CUSTOMS DUTIES & EXPORT
10.1 If any licence or consent is required for your acquisition, delivery or use of the Products, you shall obtain such licence or consent at your own expense and if necessary produce evidence of having done so to us. Where you have failed to do so you shall not be entitled to withhold or delay payment. Any additional expenses or charges incurred by us resulting from your failure to obtain any necessary licence or consent shall be met by you.
10.2 Products licensed or sold to you under these Terms may be subject to export control laws and regulations in your country or in the country from which they are to be shipped, delivered or used. You shall be responsible for complying with any such laws.
10.3 Where Products over a certain value are shipped from outside the European Economic Area (EEA) (for example where their value is deemed to be in excess of your personal import allowance), you may be subject to customs charges, import duties and taxes, levied when the Product reaches your specified destination. Any such additional charges for customs clearance or import duties or taxes must be met by you. You should contact your local customs office for further information on customs policies or duties.
11. ERRORS, INACCURACIES AND OMISSIONS
11.1 Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product Specifications, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
11.2 We undertake no obligation to update, amend or clarify information or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied or on any related website, should be taken to indicate that all information, or on any related website, has been modified or updated.
12. INTELLECTUAL PROPERTY
12.1 IP, and development thereof, in relation to Products shall belong to us. IP developed by you in the course or derivative of purchase of Products, will be owned by us if not otherwise agreed.
13.1 All Product Specifications including illustrations, drawings, particulars, dimensions, performance data and other information on the Site or made available by us are intended to represent no more than a general illustration of the Products and do not constitute a warranty or representation by us that the Products will conform with your needs. You are advised to refer to the Specifications or other documentation and communicate any uncertainties with us in this regard.
13.2 We make no warranties that the delivered Products will be error-free or free from any defects and excludes, to the fullest extent permitted by law, all warranties, whether expressed or implied, including without limitation any warranties of merchantable quality or fitness for a particular purpose.
13.3 You shall not use (nor permit use of) the Products other than as contemplated and use it for any illegal or unauthorized purposes. You may not modify, reverse engineer, decompile or decode Products, or permit such things to be done.
13.4 You may have the benefit of a manufacturer’s, licensor’s or supplier’s warranty with the Products supplied and you should refer to the relevant documentation supplied with the Product in this regard. (If applicable, a Returns Policy may also set out procedures applicable to repairs or replacement of defective Products delivered.)
13.5 Your rights of repair or replacement of any Products or any part or parts thereof which are found to be defective will (except where agreed otherwise) not apply where:
13.5.1 Products have been repaired or altered by persons other than the manufacturer, us or any authorised company;
13.5.2 defective Product or Products have not been returned together with full details in writing of the alleged defects within 30 working days from the date on which such Products were delivered;
13.5.3 defects are due (wholly or partially) to mistreatment, improper use or storage or maintenance or installation, or failure to observe any manufacturers’ instructions or other directions issued or made available by us in connection with the delivered Products.
14. LIABILITY LIMITATION
14.1 Our liability under these Terms (whether for negligence, breach of contract, misrepresentation or otherwise) shall be limited to the price payable for the Products which are the subject of that order.
14.2 In no case shall we be liable for incidental, indirect, or consequential damages; or any loss of income, revenue, profits, contracts, data, goodwill or savings.
14.3 Subject to any express provisions to the contrary set out in these Terms, all terms, conditions, warranties and representations (express or implied by statute, common law or otherwise) are hereby excluded.
14.4 In no case do we seek to exclude our liability for (1) death or personal injury caused by our negligence (or that of our employees or authorised representatives); (2) fraud; or (3) any other liability which cannot as a matter of law be limited or excluded.
15. PROHIBITED USES
15.1 In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.
16. FORCE MAJEURE
16.1 You recognise that there may be circumstances outside our reasonable control which would prevent us from providing you with the Products which you have ordered. Circumstances beyond our reasonable control may include (but are not limited to) government action, strike, trade dispute, breakdown of plant or machinery or interruption in the supply of materials. In such cases, whilst we will do our best to fulfil your order, we cannot be responsible for failure or delay in doing so and in such event we may elect to cancel your order and refund any payments made. You may request that your order be cancelled if it has not been fulfilled within 30 days of having been made.
17. PERSONAL INFORMATION AND YOUR PRIVACY
If you wish to contact us for any reason in connection with these Terms you may do so by using email to firstname.lastname@example.org.
19.1 You may not transfer your rights under these Terms to anyone else without our prior written consent.
19.2 These Terms set out all our obligations in relation to provision of Products to you under any accepted order. These Terms prevail over any other terms or conditions referred to elsewhere or otherwise implied. We reserve the right to modify these Terms from time to time and any order will be subject to the Terms that are in place at the time that your order is accepted.
19.3 No waiver of any term or condition of these Terms shall be effective unless made in writing and signed by us.
19.4 If a court of competent jurisdiction finds that any provision or portion of these Terms to be illegal, unenforceable, or invalid the remainder of these Terms (to the fullest extent permitted by law) will continue in full force and effect.
20. GOVERNING LAW
20.1 These Terms shall be governed by Swedish Law and we both agree to the jurisdiction of the courts of Sweden over the Terms and any matter related to the purchase of Products, and all proceedings shall be conducted in English.