1.1 These general terms and conditions ("Terms") apply when you as a consumer ("You") place an order via www.modlystudios.se, and associated pages, ("Website"). Agreement is concluded between you and Modly Studios AB, VAT number SE559199644101 ("Modly"). Detailed contact details and other information about Modly can be found on the homepage. The terms and conditions are only applicable to you who are consumers and who place orders via the Website.
1.2 To be able to order on the Website, you must be 18 years of age. According to EU law, Modly does not accept credit purchases for people under the age of 18. Modly reserves the right in individual cases to refuse or change your order (for example if you have provided incorrect personal data and/or have payment objections).
1.3 Modly reserves the right for final sales and any image and writing errors on the Website, for example errors in product description or technical specification, incorrect prices and price adjustments (such as changed prices from suppliers or currency changes) or incorrect information regarding whether an item is in stock. Modly has the right to correct any such errors and to change or update the information at any time. If an incorrect price has been entered for an item you have ordered, Modly will of course notify you of this and wait for your approval of the corrected price before Modly continues with the order. All image information on the Website must be viewed exclusively as illustrations. Such illustrations cannot guarantee the exact appearance of the item. Modly is not responsible for information on the Website that comes from a third party.
1.4 The website, as well as all content on it, is owned by Modly or its licensors. The information is protected by, among other things, intellectual property and market laws. This means that trademarks, company names, product names, images and graphics, design, layout and information about goods, services and other content may not be copied or used without written approval from Modly.
2.1 In order to make a purchase via the Website, you must accept the Terms and Conditions. By accepting the Terms and Conditions, you undertake to follow the Terms and Conditions in their entirety, as well as agree that you have read the information about personal data and consented to the use of personal data and cookies in accordance with Modly's Privacy Policy, see here.
2.2 A purchase agreement is only entered into when Modly has confirmed your order and you have received order confirmation from Modly by e-mail. Modly invites you to save this order confirmation for any contacts with Modly's customer service. You can cancel your order until it has been confirmed by Modly. If the order is cancelled, Modly will refund any payments that You or your payment or credit card companies have made regarding the order.
3.1 When you complete an order, you will be asked to provide certain personal data. You confirm that the information you fill in is correct and complete and are responsible for incorrectly filled information. Information about Modly's processing of personal data can be found in Modly's Privacy Policy.
3.2 You undertake to ensure that no one else can use your login details when making a payment. You may not disclose username and password to any unauthorized person and must ensure that documents containing information about username and password are stored in such a way that unauthorized persons cannot gain access to the information. You must immediately notify Modly if it is suspected that an unauthorized person has gained access to your password. You are responsible for all purchases made with your login details if such notification has not been made.
3.3 If Modly suspects that you are abusing your user account or your login details or otherwise breaching the Terms and Conditions, Modly has the right to suspend you. Modly also has the right to assign you new login credentials.
4.1 When ordering via the Website, the prices stated on the Website apply. Prices are stated in Euro € and include VAT. Prices include payment and shipping fees.
4.2 You can pay in the ways indicated on the Website. Modly has the right to charge already in connection with the order, unless invoice payment or another similar payment method has been chosen by you and approved by Modly. Upon payment, Modly or its partners may make a credit report. Modly reserves the right not to always offer all payment methods, or to change the payment method if the one you chose for some reason does not work at the time of the purchase. Please note that any restrictions on payment options are stated on the Home Page.
4.3 For more information regarding Stripe payment solutions, user and payment conditions and personal data handling, we refer to Stripe's terms and conditions. More information about Stripe on the website can be read here.
Modly may from time to time offer promotions on the Website that may have more favorable terms than what appears in these Terms, e.g. regarding payment or extended right of withdrawal. These more favorable conditions apply as long as the campaign is active and for the specific goods specified by Modly in connection with the campaign. Modly reserves the right to withdraw such promotions at any time. In the event of termination or cancellation of a campaign, these Terms apply without modification. Offers on specific items on the Website are valid for a limited time and while stocks last.
Gift cards sold on Modly are valid for two (2) years from the date of issue and can be used on Modly's webshop. Once the validity period has expired, the card cannot be used as a means of payment, cannot be reactivated and the remaining value cannot be refunded. Your gift card is a document of value that must be kept securely and cannot be exchanged for money. Lost or stolen cards are not replaced.
7.1 Unless otherwise specifically agreed, delivery takes place no later than 30 working days from when Modly confirms the order in writing through the order confirmation. 7.2 The expected delivery time of the product can be seen in the order confirmation, in the checkout and/or on the relevant product page on the Website.
7.3 Within Sweden, all transport takes place with LGT and their partners. Notification of delivery takes place by SMS or phone for booking the desired delivery time. A notification is sent to the recipient about 30 minutes before delivery. We always carry out an ID check of you as the recipient upon delivery. Our service includes one (1) delivery attempt acc. agreed time. If, despite this, you as the recipient cannot be found at the agreed time, we will charge €59.
8.1 As the purchase refers to goods that are manufactured and specially adapted to order and according to the Buyer's instructions, the Buyer does not have the right of withdrawal from the purchase (Section 11 point 3, Act (2005:59) on distance contracts and contracts outside business premises). When ordering products, the Buyer has the option to deactivate the purchase for three (3) days. The time is counted from the day the purchase is made. (e.g. if the purchase is made on a Monday, the purchase can be deactivated until Wednesday). The buyer must deactivate the order in writing via e-mail to Modly's customer service, hello@modlystudios.se. State name, address and order number as well as reason for canceling the purchase. Then this is registered and Modly can handle it as quickly as possible. The buyer receives a confirmation that the purchase has been canceled via e-mail.
9.1 The warranty for goods only covers original manufacturing defects, and thus not defects that occur during or after a change in the product's function and appearance, such as rebuilding, upgrading or other configuration of the product. Your order confirmation is valid as proof of warranty. 9.2 The right of complaint covers goods that are faulty according to current consumer protection legislation. A customer who wishes to claim an error in an ordered item must contact Modly as soon as possible after the error has been discovered via the contact details provided on the Website. Complaints made within 1 week from when you discovered the error are always considered to have been submitted in time. You have a 3-year right of complaint on goods purchased on the Website. 9.3 Modly is responsible for the return shipping for approved complaints. 9.4 When the claimed product has been returned and the claim approved, Modly will compensate you in accordance with current consumer protection legislation. Modly strives for this to take place within 14 days of Modly receiving the complaint, but it may take longer depending on the nature of the item. Modly reserves the right to deny a complaint if it turns out that the product is not faulty according to current consumer protection legislation. In the case of complaints, Modly follows guidelines from the Allmänna Reklamationsnämnden, see www.arn.se. More information is available at www.konsumentverket.se.
Modly may link to other websites outside Modly's control, and websites outside Modly's control may link to the Website. Although Modly tries to ensure that Modly only links to websites that share Modly's personal data and security regulations according to the Privacy Policy, Modly is not responsible for the protection or confidentiality of information or personal data that You provide on other websites. You should exercise caution and read the personal data regulations for the relevant Website.
Modly is not responsible for delays caused by circumstances beyond Modly's control such as, for example, general labor conflict, extreme weather conditions, pandemic, epidemic, war, fire, lightning strike, terrorist attack, changed government regulation, technical problems, failure in electrical/telecommunication/data connections or other communication as well as failure or delay in services from subcontractor due to circumstance specified here. These circumstances shall constitute a basis for exemption which entails exemption from damages and other penalties. Should any such situation arise, Modly will inform you partly at the beginning and partly at the end of the time for the current situation. If the circumstance has lasted longer than two months, both you and Modly have the right to cancel the purchase with immediate effect.
Modly reserves the right to make changes to these Terms at any time. Any changes to these Terms will be published on the Website. Changes apply from the moment you have accepted the Terms (in connection with a new purchase or when visiting the Website), alternatively 30 days after Modly has informed you of the changes. However, Modly recommends that you keep updated on the Website regularly to be aware of any changes to the Terms and Conditions.
If a competent court, authority or arbitration panel should find that any provision of these Terms is invalid or unenforceable, the provision in question and all other provisions shall be valid and enforceable to the extent permitted by applicable law. The provisions declared invalid or unenforceable will be replaced by relevant legal guidance and advice.
14.1 Disputes must primarily be resolved by consensus after discussion with Modly's customer service.
14.2 If the dispute cannot be resolved in agreement with Modly's customer service, you as a customer can turn to ARN (Allmänna reklamentationsnämnden), which you can find more information about at www.arn.se. You can also submit complaints directly online via the European Commission's platform for mediation in disputes, which you can find via the following link http://ec.europa.eu/consumers/odr. If you submit a complaint via this platform, your case is automatically forwarded to the appropriate nationally responsible dispute resolution body. This dispute resolution body then contacts us and tries to resolve the dispute without court involvement. In the event of a dispute, Modly follows the decision of ARN or the corresponding dispute resolution body. 14.3 Disputes concerning the interpretation or application of these Terms and Conditions shall be interpreted in accordance with Swedish law and decided in accordance with point 14.2 above or in the last resort by a general court.
THESE TERMS HAVE BEEN ESTABLISHED BY MODLY AB 2022-10-29 Modly Studios AB SE559199644101 Garverivagen 9 448 31 Floda, Sweden
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