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Terms and conditions of purchase and delivery

1. General

1.1

These terms and conditions of purchase (the “Terms“) apply when you as a private individual or as a representative of a government agency, municipality, company or organisation (“Organisation“) place an order on www.iqoro.com (the “Website“) or via customer support (the “Customer“). An agreement is entered into between the Customer and MYoroface AB, company reg. no. 556902-6791 and address Sjötullsgatan 16, SE- 824 55 Hudiksvall, Sweden (“MYoroface“, “us” or “we“). The terms and conditions apply to both individuals and companies. Please note, however, that in some parts the terms and conditions differ depending on whether you place your order as a private individual or as a representative of an Organisation.

1.2

As a private individual, you need to be over 18 years old, not be under guardianship and otherwise have the right to enter into binding agreements.

1.3

As a representative of an Organisation, you need to have the authority to enter into an agreement and to make purchases at the Organisation’s, i.e. the Customer’s, expense. When you make a purchase, you warrant that you have such authorisation.

2. Contract and ordering

2.1

When you place an order, you accept these Terms and conditions.

2.2

When ordering via the Website or by e-mail through our customer support, you enter into a binding agreement when MYoroface has confirmed your order. We will send an order confirmation to the e-mail address you have provided as soon as possible after your order, with the necessary information in legible and durable form. If you place your order by phone, we will confirm your order orally and a binding contract will be concluded. We will then send an order confirmation to your e-mail address with the necessary information in readable and durable form. If you do not have an e-mail address or if we agree on it specifically, the delivery note, invoice and full terms and conditions of purchase will instead be sent together with the product.

3. Product information on the Website, etc.

Images of products on the Website, in advertisements and other marketing materials must be seen exclusively as illustrations. The information on the Website is protected by, among other things, intellectual property and market laws. This means that trademarks, trade names, product names, images and graphics, design, layout and information about products and other content may not be copied or used without the prior written consent of MYoroface.

4. Prices

4.1

When ordering, the prices stated on the Website at the time of ordering or stated when ordering via customer support apply, unless otherwise expressly agreed or if the circumstances obviously require otherwise. Prices are quoted in local currency and include applicable VAT. Shipping cost is added and depends on the weight and size of the order. The cost of payment may also apply depending on the payment option you choose, read more about payment options on the Website. The total cost is always stated before the order and in the order confirmation.

4.2

If the price or information about a product listed on the Website is incorrect and you realised or should have realised this at the time of placing the order, the price or information will not apply to the purchase. In such cases, we will contact you as soon as possible after we have discovered the error.

5. Payment

5.1

As a private individual placing an order through the Website, you can choose from various payment options. The available payment options are always stated in connection with your order. We cooperate with the payment service providers listed below. Our payment service providers handle your payment, which means that you enter into a separate payment agreement with the provider of your choice. Questions regarding payment should therefore be directed to the payment service provider.

We offer payment through Klarna, Paypal or credit card.

Paying with Klarna means that as a consumer, you can pay for your purchase using Klarna’s payment options. The number of payment options that Klarna provides may vary between different countries.

Payment with Paypal requires that you have an account with Paypal.

You can also pay for your purchase via credit card payment with Visa or Mastercard. Credit card payments are protected by 3D Secure.

5.2

A representative of an Organisation who places an order through the Website can pay by invoice without additional invoice cost. The same applies to all customers, both companies and private individuals, who complete an order through our customer support. When paying by invoice, a 15-day credit period applies to private individuals counted from the day the item is sent from our warehouse. For sales to the state, schools, municipalities and county councils, a credit period of 30 days applies. The invoice will be sent together with the product to the address you provided when ordering. Please reference the invoice number at payment.

5.3

MYoroface has the right to carry out such credit checks as are required to be able to grant payment using credit. If you or the Organisation you represent pay late, a reminder fee of the amount permitted by law (currently GBP 7 or the equivalent in another currency relevant to the purchase at the exchange rate applicable at the time) will be charged and interest on late payment with 24% + applicable reference rate. If, despite reminders, payment is not received, our claim will be forwarded to debt collection where statutory collection costs apply.

6. Delivery and transport

6.1

As a starting point, MYoroface only delivers products to the countries listed on the Website, see About your purchase > Shipping > Countries we ship to. If you would like delivery to a country other than those stated on the Website, please feel free to contact our customer support. 

We offer various shipping options. Full details of our shipping options can be found on the Website, see About your purchase > Shipping

The cost of shipping is added to the order and depends on the weight and size of the order. The current shipping cost for your order is always stated at checkout on the Website or when contacting our customer support.

6.2

The delivery time may vary depending on the stock status, the day and time you complete the order and where the delivery will be sent. The expected delivery time can be found at checkout on the Website or when contacting our customer support. The expected delivery time is also stated in our delivery confirmation that we send by e-mail. You can read more about our delivery times on the Website, see About your purchase > Shipping. Please note that deviations from the specified delivery dates may occur. If for any reason MYoroface is unable to meet estimated delivery times, we will contact you immediately by phone or e-mail. The customer is obliged to redeem, pick up or receive their delivery according to the instructions provided from time to time by MYoroface or by the shipping company, see About your purchase > Shipping. Depending on the contact details you have provided during the ordering process, you will receive a notification via e-mail, text message or letter showing where and when the delivery is to be picked up or received.

7. Non-collected packages

In the case of uncollected deliveries, MYoroface has the right to charge a fee of GBP 34, or the equivalent in another purchase currency according to the exchange rate applicable at the time, including applicable VAT. The fee corresponds to the additional costs that arise in connection with the delivery being returned to us, e.g. costs for return shipping.Please note that you, as a private individual, do not exercise your right of withdrawal by failing to redeem, pick up or receive your delivery. If you want to exercise your right of withdrawal, you must instead follow the instructions stated in section 8. Right of withdrawal for private individuals below.

8. Right of withdrawal for private individuals

8.1

In the case of distance trading, you as a private individual always have 14 days to cancel your purchase in accordance with current consumer law.

8.2

We have chosen to extend the right of withdrawal from the statutory 14 days, to 30 days. This means that you have the right to cancel your purchase by notifying us within 30 days of you or a specified person receiving the ordered product (the withdrawal period).   

8.3

Please note that you do not have the right to cancel your purchase of a medical device or other hygiene-related products if you have broken the seal of the product packaging, e.g. removed tape or broken other sealing of the product. The reason is that if the seal of a medical device sold by MYoroface has been broken it cannot be returned for health and hygiene reasons. When ordering a product, for which the right of withdrawal does not apply if the seal has been broken, you will receive clear information about this.

8.4

If you want to cancel your purchase, you should send a clear and unambiguous message about this to info@iqoro.com or call +46-10-551 67 22 before the withdrawal period has expired. For a smooth transaction, we recommend that you enter your name, your contact information, the order number that appears in the order confirmation, the delivery note or invoice and the name and number of products that you wish to cancel. If you have made your purchase through customer support and been invoiced by MYoroface, you should also provide the bank, clearing and account numbers for the refund. Always wait for a response from us and follow our instructions before sending the product back. You can also choose to use the standard form for exercising the right of withdrawal from the Swedish Consumer Agency when contacting us.

Important: Sending the product back to us without contacting us first will involve additional costs in customs that you will have to cover and that will be deducted from your refund.

8.5

When purchasing products that are not excluded from the right of withdrawal according to clause 8.3, you have the right to open the packaging and examine the product to the extent necessary to assess whether you are satisfied with it. If and to the extent that the product is handled more than is necessary to establish its characteristics or function, MYoroface has the right to make a depreciation deduction on the amount to be refunded. The amount of the depreciation deduction corresponds to the depreciation of the product compared to the original value of the product.

8.6

When exercising the right of withdrawal and after you have contacted us, the product must be sent to MYoroface within 14 days from the date you notified MYoroface that you made your cancellation. The product must be sent to MYoroface AB, Sjötullsgatan 16, SE-824 55 Hudiksvall, Sweden. When you cancel your purchase, you pay the cost of the return shipping yourself, regardless of which shipping option you choose.

8.7

We recommend that you send the product back in the same packaging as you received it and by tracked shipment, as you are responsible for any damage or loss during return shipping caused by your negligence, for example when packaging the product. Please note that returns may not be sent as cash on delivery.

8.8

Depending on the payment option you have chosen, we or our payment service provider will refund the amount including the payment method fee and shipping cost that you have paid to have the product delivered to you. If at the time of purchase you chose a more expensive shipping option than our standard delivery, we will only refund the cost of our standard delivery. If you have paid by invoice to MYoroface, we will contact you to be able to make the correct refund. Please note that you pay the shipping cost for returning the product yourself when exercising the right of withdrawal. Refunds will be made no later than within 14 days from the date MYoroface received your notice of cancellation. However, we and our payment service provider have the right to delay the refund until MYoroface has received the product or until you have proved that the product has been sent back. The refund is made via the payment method you used to pay for the product.

9. Results guarantee for private individuals

9.1

MYoroface provides a six-month results guarantee on IQoro to all private customers who make their purchase via the website or through our customer support from 24/06/2021. This means that you, as a private individual, can claim a refund for the product, minus any discounts, if you have been training according to the manual for six months but do not experience any improvement in your symptoms. Read frequently asked questions and answers about the results guarantee here.

We recommend you do the self-tests in the manual before you start, so you can monitor your progress. If you have symptoms of hiatus hernia, such as heartburn, acid reflux, mucus cough, or lump in your throat, you can do our self-test online. Save the results and take the test regularly, for example monthly, to monitor your progress.

Do not hesitate to contact customer support, if you are unsure about how to train or if you do not get any results. Free support via chat, email or phone is always included from day one.

9.1.1

The results guarantee can be invoked at the earliest after 6 months of active training with IQoro according to the manual, calculated from the order date for your IQoro, but no later than 9 months after the order date.

To invoke the results guarantee, please contact our customer support at info@iqoro.com. You will then receive a questionnaire, which you complete, so we can approve the return of the product.

9.1.2

Once we have approved the return of the product, you need to send your IQoro to us. We must have received it no later than 9 months, but no earlier than 6 months, after the order date. This means that you have 3 months to invoke the results guarantee. You pay the return postage, as customer.

Once the return has been approved, and the product has been received by us, we will refund the cost of the product. We will make the refund as soon as possible, but no later than after 14 days. The refund is made via the same payment method you used to pay for the product.

9.1.3

Please note that the results guarantee should not be confused with section 8. Right of withdrawal for private individuals and 10. Right of complaint.

Read more about the terms and conditions for our 6-month results guarantee here.

9.1.4

To invoke the guarantee, you must be able to present your receipt, the user manual showing the LOT number and the size of the product.

10. Right of complaint

10.1

If you carry out the training according to our recommendations, the estimated service life span of IQoro is one year, but that may vary depending on how you handle your IQoro and your personal circumstances. We are responsible for faults that already existed at the time of delivery of IQoro, in accordance with mandatory consumer protection legislation that applies in the country where you have your usual place of residence.Since we are a Swedish company, you as a private individual have the right to complain about any faults that existed at the time of delivery within three years of the product’s delivery (which is longer than the EU rules of two years). You always need to complain within a reasonable time from the time you should have noticed the fault. Your right to complaint ends no later than two months after the liability period of three years has passed. Customers who are Organisations instead have a one-year right of complaint from the day the product is delivered.

10.2

We recommend that you examine the product when you receive it and that you report any packaging damage directly to the pickup point and to MYoroface. We recommend that you keep the packaging with address label and content for possible examination.

10.3

If you wish to make a complaint about the product, please contact MYoroface as soon as possible after the fault was discovered. In order for the complaint to be valid, it must be made within a reasonable time after you noticed or should have noticed the fault. A complaint made within two months of the fault being discovered is always considered to have been made within a reasonable time.

10.4

MYoroface normally provides a seven-month warranty from the product’s original date of purchase. This means that faults arising during the warranty period will be deemed to have existed at the time of purchase. The warranty covers faults caused by material or production defects, but not faults due to wear and tear or improper use. Please note that the product IQoro is personal, which means that each product should only be used by one person and that the product should be used and cared for according to the instructions. Also note that the storage box is for the storage of IQoro only and is therefore not covered by the guarantee.

10.5

In the event of a complaint, we ask you to contact our customer support and for a smooth complaint process, we recommend that you enter the order or customer number, LOT number (IQoro) and a description of the fault and the reason for the complaint. The order or customer number is stated in the order confirmation, delivery note or invoice and the LOT number is stated on the outer packaging.

10.6

In the event of an approved complaint, MYoroface will compensate you in accordance with applicable legislation. This means that you may, for example, be entitled to redelivery or remediation. For some of our products, such as IQoro, it is not possible to rectify a possible fault. In such cases, we will send you a new product, along with a return label with paid postage for the defective product. You can then use the envelope that the new product was sent in to return the faulty product. Remember to attach the return label to return the defective product. The product must be returned to MYoroface AB, Sjötullsgatan 16, SE-824 55 Hudiksvall, Sweden. Please note that MYoroface has the right to refuse the complaint if the product is not faulty according to current legislation.

10.7

We recommend that you send the product back in the same packaging that you received it in and by tracked shipment, because you are responsible for any damage or loss during return shipping caused by your negligence, for example when packaging the product. Please note that returns may not be sent as cash on delivery.

10.8

If MYoroface is prevented from rectifying defects or sending a new product, a refund will be made instead. Any refund of the purchase amount will be made without undue delay after the complaint has been approved, but no later than within 14 days. Refunds to customers who made their purchase via the website as a private individual are made via the payment option selected when ordering. If you paid by invoice, Klarna, the payment provider you selected or MYoroface will contact you regarding the account for a refund of the money, depending on who issued the invoice.

11. Use of our training app

11.1

You can use some of our products together with our training app. Using our products works just as well regardless of whether you use our training app or not, but can facilitate your training. You can download the app from the App Store or Google Play at any time. The use of the app is subject to separate app terms and conditions.

11.2

We will give you information about and provide the updates necessary for the app to function as required by mandatory consumer law.

12. Personal data

The Customer confirms that the personal data provided by the Customer in connection with the order is correct and fully filled in and is responsible for such information that is incorrect. MYoroface is the data controller for the processing of the personal data provided by the Customer in connection with the order. Information about how MYoroface processes the Customer’s personal data can be found in our privacy policy.

13. Amendment of the Terms and Conditions

13.1

MYoroface has the right to make changes to these Terms and Conditions at any time. Any changes to these Terms and Conditions will be posted on the Website. Changes apply from the time the Customer has accepted the Terms and Conditions in connection with a new purchase or when visiting the Website. You can see which terms and conditions applied at the date of your purchase here: 

Terms and conditions of purchase and delivery valid between 24/06/2021 – 28/09/2022

Terms and conditions of purchase and delivery valid for purchases between 15/06/2020 – 23/06/2021
Terms and conditions of purchase and delivery valid for purchases before 15/06/2020 

Changes to the Terms will take effect from the time you have accepted the Terms and Conditions of Purchase, i.e. in connection with making a new purchase on the Website.

13.2

These Terms and Conditions shall be construed and applied in accordance with Swedish law. Should any provision of these Terms and Conditions be held to be invalid or unenforceable by any court, authority or alternative dispute resolution body, the remaining parts of that provision and all other provisions of these Terms and Conditions will remain fully valid and enforceable in accordance with applicable law. You are always entitled to the mandatory consumer rights that apply in the country where you have your habitual residence. Nothing in these Terms and Conditions shall be construed as a limitation of such rights.

14. Special Conditions for Organisations

Some of the terms and conditions listed above apply only to Customers who act as private individuals. The terms and conditions that only apply to private individuals are stated in each paragraph. Furthermore, MYoroface is not responsible for indirect losses or lost profits for Customers who are Organisations. In addition, our liability under these Terms and Conditions, for any loss or damage suffered by the Organisation, is limited to an amount equal to the total amount paid by the Customer to MYoroface for the product from which the loss or damage is related or originates.

15. Questions, complaints or disputes

15.1

You are welcome to contact us if you have any questions or complaints regarding your order.

15.2

In the event of a dispute with private individuals, we follow the decisions of Alternative Dispute Resolution bodies. To access the ADR entity in your country, click here. In Sweden, you can contact the General Complaints Board (ARN), www.ARN.se. You can contact ARN by sending a letter to Box 174, SE-101 23 Stockholm, Sweden. As a private individual you also have the opportunity to complain via the EU’s web-based dispute resolution platform, which you can find here.

Notwithstanding the above, any dispute may also be settled in any court of competent jurisdiction in the country where the customer is domiciled. For corporate purchases, disputes must be settled in a general court, with the Stockholm District Court as the first instance.

The Conditions were established by MYoroface AB 28 September 2022.