Terms of delivery - Hölkkä Oy

TERMS & CONDITIONS

Effective from 2 December 2018

Application

The Hölkkä terms of sale will be in effect from the date listed above, and they supersede any previously published terms of sale.

These delivery terms indicate the terms and conditions of delivery applied by Hölkkä (Hölkkä SBS Oy, business ID 2840086-6), which specify the relevant delivery methods and prices, return policies and payment methods, among other details.

General

All of our prices include value added tax at 24%, and the prices are listed in euros (€), unless otherwise indicated.

We reserve the right to cancel any trade or make price changes, if the ordered product or its price does not match the actual market price due to a technical fault in the online shop or human error.

We reserve the right to change the prices and terms referred to in this document. By ordering Hölkkä products, the customer undertakes to observe these terms of delivery.

Other than the rights separately specified, no rights to return or get replacements for products are implied.

Shipping fee and delivery

Free shipping is provided for all products delivered within Finland, irrespective of whether you purchase one or more items. As regards products shipped outside Finland, the effective delivery fees will be applied. Shipping fees vary depending on the country where your order is shipped. Hölkkä provides international deliveries to a limited degree only, which means that it may not be possible to ship Hölkkä products to your country of residence.

Some orders to non-EU countries may be subject to VAT, import duties or taxes. These additional costs must be covered by the customer in order for item to clear customs. We recommend that you contact your local customs authority for more information and regulations to determine a landed cost price prior to purchase completion.

As a general rule, orders are processed in the order in which they are received. The processing time for your order is typically about 2–7 days from the confirmation of the order. Where possible, we will notify you by telephone or e-mail if there are any changes to the delivery time. We usually begin processing an order on the weekday following its receipt.

The delivery times provided are estimates and in no way binding to the seller. Hölkkä cannot be held liable for any damage and/or additional costs caused to the customer in the event of a delayed delivery.

Orders shipped within Finland will usually be available for pick-up at the nearest post office or pick-up point on the day following shipping. Please note! We request that you provide your phone number upon submitting an order, as the notice of delivery will be sent to you as a text message. Print versions of the arrival notification are no longer provided.

Please check the condition of the package immediately upon pick-up. If the delivery and products have been damaged in transit, submit a damage report to the postal service or other party that handled the transport. Then contact us.

Please note that leaving a package unclaimed is not considered equivalent to returning or cancelling the order. Hölkkä cannot be held liable for any damage resulting from the buyer not picking up an ordered product or neglecting to react to a notice of delivery. A separate €20 fee will be collected for the return delivery of an unclaimed package to compensate for the costs incurred by Hölkkä due to the unclaimed delivery. As regards deliveries outside Finland, the fee collected for unclaimed packages may be higher in accordance with the loss incurred by Hölkkä – no less than €20 under any circumstances, however.

For made-to-order products, the estimated delivery time is about 2–3 weeks. Product sizes XS and XXL are always made-to-order items.

Online banks

The payment services related to online bank payments are provided by Checkout Finland Oy (2196606-6). For any payment-related questions, you can contact Checkout Finland Oy’s customer service by telephone +358 (0)800 552 010, e-mail asiakaspalvelu@checkout.fi 

 

Right to cancel an order

As a private individual (consumer), you are, within the restrictions specified below, entitled to cancel a distance sale order by providing notification of your desire to exercise the right of cancellation within 14 days of receiving the ordered product. Product must be sent back within 14 days from receiving the merchandise. The time limit starts running the day after you have received the parcel. Returns will be accepted only when the product is shipped back within the given time limit, which means that you must ship the product out on time.  If you wish to return a product, order a return form from our customer service: info@holkka.fi. Deliveries within Finland can be returned free of charge using the consignment note provided in conjunction with the return form. International product returns will require you to cover the shipping costs related to returning the products. Products cannot be returned by means of cash-on-delivery arrangements. They must be returned as indicated above with the appropriate documents: a return form and, for domestic deliveries, a consignment note and, for international deliveries, the delivery method selected and paid for by the buyer. Please note that failing to claim a package does not constitute a return.

Any returned products must be unused and undamaged. The product must be packaged well (preferably in the same packaging in which it was delivered). The magnets must be attached to their counterparts in the resistance bands or otherwise protected as required by the postal service or supplier.

Hölkkä will refund the purchase price of the product in question within 14 days of receiving the notice of cancellation, provided that the product has been returned to Hölkkä unused and undamaged.

The right of cancellation is valid only when the product is unused and undamaged. Orders for made-to-order products (incl. all size XS or XXL products) cannot be cancelled.

Complaints and liability for defects

If a product is found to be damaged or defective upon receipt, the buyer has the right and (if the buyer wants a replacement product or compensation, for example) obligation to file a complaint. Complaints must be filed by sending an e-mail to info@holkka.fiwithout delay and, in all cases, no later than two months of observing the error or damage in the product. As a customer, it is your responsibility to carefully inspect the product upon arrival to ensure it is free of any defects. Should you neglect your duty to inspect the product and report any faults you find within a reasonable time frame, Hölkkä cannot be held liable for any defects or damage in the product. For the sake of clarity, Hölkkä is also not responsible for faults or damage that occur after the product’s receipt or otherwise as a result of the buyer’s actions.

It is important to observe the instructions for complaints/returns. If you have questions, you can always contact Hölkkä’s customer service: info@holkka.fi.

In the event that a product is faulty, Hölkkä is primarily entitled to replace the defective or damaged product. After the expiry of the 14-day right of cancellation applicable to distance sales, an order can only be cancelled if Hölkkä does not offer to deliver a replacement within a reasonable period of time. At its discretion, Hölkkä may provide compensation for faulty/damaged products by repairing the product, delivering a new product or reimbursing the purchase price in part or in full.

If you wish to lodge a complaint, please contact our customer service at the e-mail address indicate above. We will then send you a return form and consignment note so that you can return the product free of charge (within Finland). All products must be returned using the aforementioned return form and consignment note. Hölkkä will not accept products returned through cash-on-delivery arrangements, for example. International product returns must be sent with all transport costs prepaid, using the delivery method selected and paid for by the buyer. Other return shipments are not accepted and are shipped back on customer’s expense.  The product must be packaged well (preferably in the same packaging in which it was delivered). The magnets must be attached to their counterparts in the resistance bands or otherwise protected as required by the postal service.

Hölkkä will test the returned products based on the fault description in the feedback form, so it is important to ensure that the description is as detailed and accurate as possible.

Warranty

In the event that Hölkkä chooses to provide warranty coverage for a product, the warranty will only cover any manufacturing and material defects that have contributed to damage during the normal use of the product. Any warranty provided by Hölkkä will not cover damage resulting from using the product in violation of Hölkkä’s instructions or in other ways that do not constitute normal use. If no indication of product warranty is provided in the context of an order or equivalent transaction, the product in question is not covered by a warranty.

As regards defective products covered by a warranty, Hölkkä may, at its discretion, either repair the products or replace them with new ones.

If you find a product to be defective or damaged in a way that may fall within warranty coverage, you must report the issue observing the time limits and procedures specified above and, on request, deliver the defective/damaged product to Hölkkä. Otherwise warranty repairs and/or replacement products will not be provided.

Reporting transport damage

Report any damage that has occurred in transit immediately to the transport company (on the date of arrival) and to Hölkkä by e-mail info@holkka.fi. Do not claim a damaged package. If you notice the damage upon opening the package, contact the transport company and Hölkkä immediately (info@holkka.fi).

 

Data protection

Hölkkä’s operations adhere to the EU General Data Protection Regulation (hereinafter “GDPR”), the Finnish Data Protection Act, and the guidelines and regulations of the Finnish Data Protection Ombudsman. When you make a product order, Hölkkä will collect the personal data (name, contact information, address, payment details) required to deliver the order. The personal details will only be used for the purposes of the product deliveries, and they can be disclosed to subprocessors involved in the delivery process (transport company, payment service provider). The personal data is stored and processed on a local hard drive or a server located within the EU/EEC. Hölkkä is responsible for ensuring that sufficient technical and organisational measures are in place to ensure the security of the personal data. All personal details are processed in confidence and will only be used for the purposes mentioned above. The data will be removed three year’s from the buyer’s last purchase, unless otherwise required by Hölkkä to fulfil statutory obligations or defend its rights.

Hölkkä undertakes to enforce the following rights of the buyers, as specified in the GDPR: right to receive copies of personal data concerning them, right to rectify erroneous data concerning them, right to be forgotten as applicable to the buyer data, right to restrict processing, right to transfer data, and right to object to the processing of their personal data.

Hölkkä will not transfer personal data outside the EU/EEC area or use profiling or automated decision-making based on personal data in its operations. The personal details specified above are mandatory for the purposes of order processing. If the details are not provided, the orders cannot be delivered.

Any queries related to data protection can be sent to the address info@holkka.fi. Pursuant to the GDPR, buyers are entitled to file complaints with the competent data protection authorities in relation to any misuse of personal data. In Finland, this authority is the Data Protection Ombudsman: https://tietosuoja.fi/en/home.

Changing the terms

Hölkkä reserves the unilateral right to change its general terms as well as other terms and conditions applicable to online trade, such as return and data protection policies as well as prices. Before making an order, customers must familiarise themselves with the effective terms and conditions.

Force majeure

In case of force majeure, Hölkkä´s obligations will be suspended. A force majeure is in the event of war, strike, riot, crime, government sanction, lockout, natural disaster or that prevents Hölkkä to fulfil its obligation under the contract. Hölkkä is not responsible for instance for delivery delays caused by force majeure.

Applicable law and dispute resolution

These terms and conditions are be governed by Finnish law, with the exception of provisions on conflict of laws. As regards buyers residing outside Finland, however, the legislation of the buyer’s country of residence will be applied (with the exception of conflict of laws provisions), if Finnish law cannot be applied due to any compelling legal provision.

Any disputes arising from these terms and conditions will be resolved by a competent court. Any disputes will be negotiated and settled in Helsinki District Court in Finland. Furthermore, consumer customers may bring any disputes relating to the terms and conditions before the Consumer Disputes Board for resolution, or to use the Consumer Advisory Service provided by the Finnish Competition and Consumer Authority. Read more about consumer protection in online trade on the website of the Finnish Competition and Consumer Authority: www.kkv.fi.

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