Terms and conditions of purchase and delivery

1. General

The Terms & Conditions (Ts & Cs) valid at the time of purchase apply. From 14th June 2020 the Ts & Cs are as shown; those applicable before this date can be found here:

Terms and conditions valid for purchases up to June 14th 2020.

1.1

These general conditions (“Conditions”) shall apply when you or an authority, local authority or an organisation (”Organisation”) which you represent (”Customer”) orders from MYoroface AB via www.iqoro.com (”Website”) or via the telephone. The contract is entered into between the Customer (that is to say you or the company or the healthcare organisation that you represent) and MYoroface AB, co. regn no. 556902-6791 (”MYoroface”). These Conditions apply for both private individuals and companies. Note that details in the Conditions may differ in some cases depending on whether you are ordering in your capacity as a private individual or as a representative of an Organisation.

1.2

To order as a private individual you must be over 18 years old, not in the care of a legal guardian, and in all other respects have the capacity to enter a contract.

1.3

To order as the representative of an Organisation you must have, and hereby confirm that you do have, the authority to enter an agreement and order on behalf of the Organisation that you represent, the Customer.

2. Contract and ordering

2.1

An order may be made via the Website or via the telephone. By ordering in this manner, you accept the Conditions.

2.2

In the case of ordering via the Website the contract is not binding until your order has been confirmed by MYoroface. MYoroface shall send an order confirmation to the email address that you have given as soon as possible after your order. If you place your order via the telephone, we shall confirm your order verbally and a binding contract shall exist at that point. We shall then send an order confirmation to your email address with our complete purchase terms and conditions. If you have no email address or if we agree to do so the delivery note, invoice and complete purchase terms and conditions will be sent together with the product.

3. Product information on the Website, etc.

3.1

MYoroface reserves the right to correct possible errors, change or update the information on the website, and to make continuous product changes and improvements. Pictures of products on the website, in advertisements and other marketing material shall only be seen as illustrations.

3.2

The information on the website is protected including by immaterial rights and marketing rights laws. This means that trademarks, company name, product name pictures and graphic design, layout and information about the products and other content may not be copied or used without the prior written permission of MYoroface.

4. Prices

4.1

The prices that shall apply are those shown on the Website at the time of ordering, or that are given when ordering via the telephone, unless something else has been specifically agreed or if the circumstances clearly dictate otherwise. Prices are given in Pounds sterling (GBP), Euro (EUR) or Danish krona (DKK) and are inclusive of VAT at the prevailing rate. Postage and packaging are additional and will depend upon the weight and size of the order. There can be an extra charge associated with your payment depending upon which payment method you choose, see [payment information on the Website].  The total cost of your order is shown on the website checkout and in your order confirmation.

4.2

MYoroface shall not be bound by any pricing errors which the Customer has realised or should have realised to be incorrect. If an incorrect price has been given for a product which you have ordered, we shall inform you and await your approval of the corrected price before the purchase is transacted. MYoroface shall not be responsible for possible typographical errors or pricing changes caused by altered VAT rates, changes in currency exchange rates, purchase prices and changes in statutory fees.

5. Payment

5.1

If you are placing your order via the Website in your capacity as a private individual you may make your payment via Klarna Checkout, see Klarna’s terms for payment here. This allows you as a consumer to pay for your purchase by invoice, part payment, credit card or direct payment via your bank. Irrespective of the payment method chosen, Klarna shall handle the payment transaction and MYoroface shall handle the product purchase. For this reason, questions relating to payment for the product shall be directed to Klarna, and questions related to the product or its applicability shall be directed to MYoroface.

5.2

If you are placing your order via the Website in your capacity as the representative of an Organisation you may pay on invoice without additional fee. The same applies to all Customers: both companies and private individuals, that place their order via the telephone. Invoices become due after 15 days starting from the day that the goods are shipped from our warehouse. Invoices to state institutions including schools, local authorities and hospital trusts fall due after 30 days. The invoice is sent together with the product to the address that you gave at the time of the order. Remember to quote the invoice number as a reference when you pay.

5.3

MYoroface reserves the right to make a credit check in order to be able to approve payment on credit. If you, or those that you represent, do not pay within the agreed time a payment reminder shall be sent with a late payment fee as stipulated by law (currently GBP 5.00, EUR 5.70, DKK 43) and a late payment interest charge equivalent to 24% p.a. above the relevant bank rate. If payment is not made despite the reminder, MYoroface may engage the services of a collection agency.

5.4

MYoroface reserves the right to not offer all payment alternatives in all cases. If such a restriction of payment alternatives applies, this shall be shown on the website.

6. Delivery and transport

6.1

MYoroface normally delivers product only to those countries shown on the Website. If you wish to have your delivery to a country within the EU/EES other than those that are shown on the Website you are welcome to contact us. The cost of postage and packing will be added at the time of ordering and depends on the weight and size of the order and delivery alternative you choose. More information on delivery alternatives is shown on the Website, see [Shipping information]. Note that limitations in the delivery alternatives may apply.

6.2

Delivery time can vary depending upon stock status, which day and time you place your order, the shipping alternative you choose, and the destination to which the product is shipped. The expected delivery time is shown in the checkout, on the Website, see [Shipping information] and on the e-mail “Your order has been despatched”. Note that deviations from the given delivery times can occur. If MYoroface cannot for some reason keep to the indicated delivery times we will contact you immediately via telephone or email and reach agreement on a new delivery date. You always have the right to cancel the purchase if the delay in delivery is of significant importance to you.

The Customer is responsible for accepting or collecting his delivery according to those conditions that may be stipulated from time to time by MYoroface or its delivery partner. See [Shipping information]. Depending upon your contact details that you submitted during the order process, you will be notified via email, SMS, or letter where and when your delivery may be received or collected.

7. Non-collected packages

If a package is not collected within the stipulated time, MYoroface shall have the right to charge a fee of GBP 34.00, EUR 38, SEK 395 or DKK 280, including VAT at the prevailing rate. This fee is equivalent to the additional costs that arise in connection with a delivery being returned to us, including the costs for return postage.

Note that if you are acting in your capacity as a private individual you may not exercise your right to change your mind about the purchase merely by failing to collect or receive your package. If you wish to exercise your right to reject and cancel your order you must instead follow the instructions set out in paragraph 8 below.

8. Your right to reject your order: private individuals

8.1

When you purchase remotely as a private individual you always have 14 days to reject and cancel your purchase in accordance with the applicable consumer rights laws.

8.2

Your right to reject means that you have the right to cancel your purchase by informing us of this within 14 days from the day that you or somebody representing you receives the ordered goods.

8.3

Note that you do not have the right to cancel your purchase of a medical technical product or any other hygiene-related product if you have broken the product packing’s seal, for example by removing tape or breaking any other seal on the product. The reason for this is that the medical technical products that are sold by MYoroface cannot be returned for health and hygiene reasons if the seals have been broken. You will find clear information about your inability to cancel the purchase if seals have been broken on the website at the time of your ordering.

8.4

If you wish to cancel your purchase you must send a clear and concise message notifying us to [email protected] or by ringing +44 (0)20 3966 073 before your right to cancel has expired. You must give your name, contact details, and your order number – which is shown on the order confirmation, delivery note or invoice, as well as the name and quantity of products that you wish to cancel. If you placed your order via the telephone and have been invoiced by MYoroface, we will need your bank details including: account name, IBAN-number and your bank’s BIC or SWIFT code to allow reimbursement. You may also use the standard form for exercising your right to cancel as provided by the The Swedish Consumer Agency, Konsumentverket.

8.5

In the case of the purchase of products that are not excepted from your right to cancel the purchase, you have the right to open the packaging and examine the products to that degree which is required to judge if you are satisfied with it. To the extent that the product has been handled to a greater degree than necessary to determine these properties or functions, MYoroface has the right to make a reduction in the amount that shall be refunded. The scale of the reduction in the amount to be repaid shall be equivalent to the reduction in value of the product compared with its original value.

8.6

When exercising your rights to reject the purchase, the product shall be sent to MYoroface within 14 days starting from the date that you notified MYoroface that you wish to cancel your purchase.  The product shall be sent to MYoroface AB, Sjötullsgatan 16, 824 55 Hudiksvall, Sweden. When you exercise your right to reject your purchase you shall pay for the costs of return yourself.

8.7

You are responsible for the condition of the products from when you receive it and during its return to us. MYoroface therefore recommend that the product is sent in protective packaging and as a traceable package. Note that packages may not be sent cash on delivery (COD).

8.8

When you exercise your right to cancel your purchase, Klarna or MYoroface shall refund the amounts that you have paid including any possible fees for the payment alternative that you chose, and the postage and packing charges, as soon as possible. Repayment shall be made at latest within 14 days from the day that MYoroface received your notification that you have exercised this right. Klarna or MYoroface may however wait until the goods have been returned safely or that you produce proof that the goods have been shipped, before making the refund. The refund shall be made via the same payment alternative that you used to pay for the product. If you paid by invoice, either Klarna or MYoroface shall contact you regarding the account to which the refund is to be made, depending on which company raised the invoice.

9. Warranty

9.1

MYoroface normally offer seven months’ guarantee from the product’s original purchase date. This means that faults that arise during the warranty period shall be seen as having existed at the time of the purchase. The warranty covers faults that are caused by material or production defects, and not to defects that are caused by wear and tear or incorrect usage. Note that the product is personal, meaning that each product may only be used by one person, and that the product shall be used and cared for according to the instructions.

9.2

To claim under the warranty, you must be able to show your receipt, user manual showing the LOT number and the product’s size.

10. Complaints – Leagal guarantee

10.1

When you order in your capacity as a private individual you always have three years legal guarantee from the day that you receive the product. Customers other than private individuals, e.g. companies, local health authorities, or health institutions have one year’s legal guarantee instead.

10.2

We recommend that you examine the product as soon as you receive it and you immediately notify the depot where you collect your package, and us, of any damage to the packaging. We recommend that you retain the packaging with its address label and contents for possible examination.

10.3

If you wish to make a complaint about your product because of a fault, you should notify MYoroface as soon as possible after the fault is discovered. For your complaint to be valid this notification must take place within a reasonable time after you noticed or should have noticed the fault. A notification of such a complaint which is made within two months from when you discovered the fault is considered to have been made within a reasonable time.

10.4

In order to make a return we ask you to contact our Customer Support and give your order- or customer number, LOT number and a description of the fault and the reason for the complaint. Your order- or customer number is shown on the order confirmation, the delivery note or invoice, and the LOT number it is shown on the user manual and the product carton.

10.5

In the case of such an approved complaint MYoroface shall compensate you in accordance with the appropriate laws. MYoroface shall send to you a return label with postage paid, together with a new product at no cost. You can then use this envelope that the new product was sent in to return the faulty product. Remember to affix the return label to send back the faulty product. The product must be sent to MYoroface AB, Sjötullsgatan 16, 824 55 Hudiksvall, Sweden. Note that MYoroface has the right to refuse the return if the product is not faulty according to the appropriate laws.

10.6

You are responsible for the condition of the products from when you receive it and during its return. MYoroface therefore recommend that the product is sent in protective packaging and as a traceable package. Note that packages may not be sent Cash on delivery (COD).

10.7

If MYoroface cannot send a new product, or judges it not to be cost effective, a refund shall be made instead. Such a refund of the purchase amount shall be made without unnecessary delay after the complaint has been approved, and not later than after 14 days. If you have ordered via the Website in your capacity as a private individual the refund shall take place via Klarna and using the same payment alternative that you chose at the time of your order. If you paid an invoice, Klarna or MYoroface will contact you regarding the account to which your money is to be repaid, depending on which of these two companies invoiced you.

11. Personal information

The Customer confirms that the personal information the Customer submits in connection with the order is correct and complete and is responsible for any information which is incorrect. MYoroface is the responsible body for the handling of the personal data the Customer submits in connection with his order. Information on how MYoroface handle customer personal data is shown in our integrity policy, see [Integrity policy].

12. Changes in the Conditions

MYoroface has the right to change the Conditions at any time. All such changes in the Conditions shall be published on the website. The changes shall be valid from the time that the Customer has accepted the Conditions in connection with a new purchase or new visit to the Website.

13. Disputes and applicable laws

13.1

In addition to the Customer’s right to contact MYoroface to get help with complaints, the right to reject a purchase, or other questions concerning your order, you have the right as a consumer to contact Allmänna reklamationsnämnden (ARN) to have a possible dispute with us considered. ARN can be reached either via www.arn.se or by post to Box 174, 101 23 Stockholm, Sweden. In such a dispute MYoroface shall follow ARN’s recommendations.

As a consumer you can also complain via the  EU’s online platform for dispute resolution.

13.2

These Conditions shall be interpreted according to Swedish law and, except where prescribed otherwise in the above paragraph, be decided in the general courts of that country.

The Conditions were established by MYoroface AB 15 June 2020.