Terms & Conditions

Terms for Purchase

General

The following terms and conditions and the Privacy Policy apply to all orders placed by any customer (hereinafter referred to as ”you”) with AARKE AB, (hereinafter referred to as “AARKE”), via AARKE’s website or mobile website (jointly referred to as the “Website”). By placing an order you agree to be bound by these Terms for Purchase and the Privacy Policy.

You may only place orders if you are able to form legally binding contracts, i.e. if you are 18 years of age or older and not under guardianship. 

Please note that the Website is intended for sales to consumers only. When you order a product on the Website, you represent and warrant that you are ordering the product for personal and not commercial purposes and that you do not intend to resell the product for commercial purposes.

AARKE reserves the right to revise or amend these Terms for Purchase at any time without prior notice. The Terms for Purchase that will apply to your order will be those on the Website at the time you place your order.

If any part of these Terms for Purchase is invalid or is otherwise judged to be ineffective by a court or supervisory authority, the remaining terms and conditions shall continue to apply.

Information at the Website

AARKE can not guarantee that the content of the Website is free from errors or that the information is up to date. AARKE may at any time amend the content of the Website and reserves the right to cancel an order prior to dispatch if the information provided, including the price for a product, is incorrect. Upon cancellation of an order AARKE will notify you by email.

The presentation of a product at the Website does not imply or warrant that such product is available at all times. AARKE reserves the right to discontinue any product at any time.

AARKE makes all reasonable efforts to accurately display the products, including their colors. However, the actual color you see will depend on your system configuration and AARKE cannot guarantee that your computer will accurately display such colors.

Please note that products available for purchase from the Website are intended for non-commercial use only.

Orders, deliveries, prices and delivery charges

When you place an order through the Website you will receive an order confirmation through e-mail.

In order for AARKE to be able to deliver an order you must enter your contact details and the correct delivery address, which means an address where delivery can be made during normal working hours from Monday to Friday. Please note that delivery cannot be made to post boxes as the delivery may require a signature upon receipt.

Once an order has been placed you cannot change the delivery address.

AARKE cannot deliver to certain countries or regions, which you will be informed of either when placing an order or afterwards.

When your order is ready to be shipped you will receive the delivery information by e-mail. If your order is not delivered in accordance with the delivery information, please contact the courier’s customer support and provide the tracking number for your delivery. Please contact AARKE via e-mail: support@aarke.com, if you have not received a tracking number or if the tracking number received is incorrect.

Although AARKE aims to deliver products within five working days from the order confirmation delivery may take longer time. If the delivery time exceeds 20 working days you have the right to cancel your order.

If AARKE cannot fulfill your order you will be informed thereof as soon as possible. If AARKE has already received payment for such an order, AARKE will refund the amount using the same method used for payment, if possible. If an alternative method of refund for any reason is necessary, you will be contacted by AARKE to arrange the refund.

For orders to be shipped to a delivery address within the EU, AARKE will charge VAT, which means that VAT must be paid on all prices for products and services covered by the order. For such orders, the prices on this Website also include VAT.

Please note that if an order is to be shipped to a delivery address outside the EU, such order may be subject to import charges, customs duties and taxes, such as VAT, which you are responsible for paying. Such charges, duties and taxes are not included in the prices on this Website and AARKE is not responsible for collecting or administering such charges, duties or taxes. Furthermore, AARKE has no information about the extent of the same as these differ from country to country. AARKE advises you to contact your local customs authority for further information before placing an order. Please also note that if you do not pay such charges, duties and taxes, you will most likely not receive the ordered products and AARKE will have no obligation to compensate you for such order or non-delivery.

If the order cannot be fulfilled for any reason for which AARKE is not responsible, such as incorrect delivery address, the courier not being able to reach you, or non-payment of the charges, duties or taxes (if applicable), AARKE reserves the right to retain the full amount paid for the order if the products are not returned to AARKE, and, upon return, an administrative fee as follows: for orders within EU – fifty EUR (€ 50), and outside of EU – eighty USD ($ 80). The administrative fee will however not exceed the total amount that you have paid for your order and any excees amount will be refunded to you.

The cost for each delivery method is clearly stated at checkout. If AARKE is unable to deliver your order in full and has to send more than one shipment, there is no additional cost for the subsequent deliveries.

Terms and Conditions for Pre-order

Terms of Purchase for the cylinder exchange service – The Cylinder Loop

Payment methods

You can pay for your product(s) in the ways set out on the Website at the time of your purchase. Please note that the terms for each payment method and also the privacy policy for such payment method provider might differ from provider to provider.

Withdrawal of a purchase

Right of withdrawal

You have the right to withdraw from a purchase, in accordance with what is set out below, within 30 days without giving any reason.

The withdrawal period expires 30 days from the day on which you receive the ordered product. In case an order for multiple products is delivered at different times, the withdrawal period will expire 30 days from the day on which you receive the last product.

To exercise the right of withdrawal, you must inform AARKE via e-mail or regular mail of your decision to withdraw from a purchase by an unequivocal statement. You may use the model withdrawal form set out below. For AARKE’s contact information, please see below.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal to AARKE before the withdrawal period has expired.

For orders with a total order value of not less than fifty EUR (€ 50) that are ordered to a delivery address within the EU, AARKE offers free returns upon withdrawal. To withdraw from a purchase by using your right of free return you are to use the pre-printed return label included with the original delivery. In case such pre-printed return label is not included within you package or if you otherwise have lost it you are welcome to contact AARKE to receive a new. Upon such free returns you are to follow the information provided with such return label.

Please note that AARKE will not accept a withdrawal, or other kind of return, regarding purchases of sealed goods, e.g. syrups and essences, which upon return either are without seal or with broken seal or otherwise not suitable for return due to health protection or hygiene reasons.

……………..

Model withdrawal form (complete and return this form only if you wish to withdraw from a purchase):

If by post:

AARKE AB
Hälsingegatan 49
113 31 Stockholm
Sweden

If by e-mail: support@aarke.com

Notice of withdrawal

I hereby give notice that I withdraw from my contract of sale of the following product(s) [please insert], [please also include order number for easier handling]. Ordered on [please insert](*)/received on [please insert] (*).

Name: [please insert],
Address: [please insert],
Signature: [please insert] (if the form is notified in physical form),
Date: [please insert]

……………..

Effects of withdrawal

Upon withdrawal you shall send back the products to AARKE, together with its original packing, inserts, accessories, etc.

Where you have exercised the right of withdrawal via email or regular mail, the return is to be shipped to the address provided to you by AARKE’s customer service without undue delay and in any event no later than 14 days from the day on which you communicated your withdrawal to AARKE. The deadline is met if you send back the products before the period set out above has expired. All products sent by you to AARKE are at your risk and you will have to bear the cost of returning the products.

For withdrawals where AARKE provides free returns via a pre-printed return label, please see above the requirements for such free returns, the return is to be shipped within 30 days from the day on which you receive the ordered product. All products sent by you to AARKE are at your risk.

In case a product subject to a withdrawal is not returned to AARKE in due time as specified within these Terms for Purchase, AARKE reserves the right to decline the withdrawal.

With the exception of (i) any supplementary cost resulting from your choice of a type of delivery other than the standard delivery offered by AARKE, for example costs for express delivery, and (ii) any diminished value of the product(s) subject of withdrawal resulting from the handling of the same other than what is necessary to establish the nature, characteristics and functioning of the product(s), for example if a product is damaged or dirty, AARKE will refund to you the payment received from you for the purchase of the product without undue delay and in any event no later than 30 days from the day on which AARKE has received the return. AARKE will refund the amount using the same method used for payment, if possible. If an alternative method of refund for any reason is necessary, you will be contacted by AARKE to arrange the refund.

Please note that AARKE will not accept a return of sealed goods, e.g. syrups and essences, which upon return either are without seal or with broken seal or otherwise not suitable for return due to health protection or hygiene reasons.

If you have received a free gift/bundle as a part of your purchase of the product, you must also in case of withdrawal from the purchase of the product, return the free gift/bundle to AARKE without undue delay and no later than 14 days from the date on which you informed us of your wish to withdraw from the purchase. The reason for this is that the free gift/bundle was conditioned on the original purchase of the product(s).

You are liable for any deterioration of the value of the free gift/bundle resulting from the handling of the same other than what is necessary to establish its nature, characteristics and functioning. If the value of the free gift/bundle is deteriorated or in case of broken seal, etc., or if you do not return the free gift/bundle within the period set out above, AARKE will from the refund deduct the value of the free gift/bundle.

Damaged or defective products

If, upon your receipt, the product or its packing is damaged, or if the product otherwise is or becomes defective you are kindly asked to contact AARKE as soon as possible – via the e-mail support@aarke.com. Please include in such notice information about the damage or defect, including photos.

After receipt of such notice, AARKE may request you to return the damaged or defective product whereby AARKE will help you arrange the return shipment. Upon such request you shall return to AARKE the damaged or defective product together with the courier’s packing, the product’s original packing, inserts, accessories, etc. to an address provided to you, without undue delay. Please note that AARKE is not able to refund or compensate you for any costs you incur by arranging your own return of the product.

As concerns defective products, AARKE abides by all statutory guarantee regulations. AARKE will, for any product deemed defective, at AARKES sole discretion offer either a replacement product, repair of the defective product or provide a full refund. The provisions set forth herein do not limit any applicable statutory rights.

Liability

Nothing in these terms and conditions shall exclude or limit AARKE's liability with regard to any matter for which it would be unlawful for AARKE to limit or exclude its liability.

In case of AARKE being in breach of these terms and conditions, AARKE’s liability is limited to losses that are a reasonably foreseeable consequence of such breach. AARKE is never responsible for indirect or consequential losses or damages that are a side effect of the main loss or damage, for example loss of profits or loss of opportunity. AARKE is furthermore not responsible for any losses that are due to an event that is beyond AARKE’s reasonable control, including but not limited to fire, flood, storm, riot, civil disturbance, pandemics, war, nuclear accident and terrorist activity.

AARKE’s maximum liability to you for any loss or damage arising in connection with your order shall be limited to the total price of your order.

Please note that the availability of third-party products and any product’s compatibility with the same as set out in each relevant product description, is subject to the respective third-party’s supply of such products, which may be terminated or where such third-party may make changes to such third-party products, resulting in the product not being compatible with such third-party product. Such un-availabilities or changes are without any liabilities for AARKE.

Assignment

AARKE reserves the right to assign or pledge to third parties any claim(s) for payment including any payment instalments that have arisen in connection with the delivery of products.

Governing law, ODR platform

These Terms for Purchase are governed by Swedish law and any dispute shall be settled in a Swedish public court. However, if you are a consumer residing in an EU country you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence.

Furthermore, if you are a consumer residing in an EU country and you and AARKE are not able to settle a complaint you have related to a product that you have purchased from AARKE’s Website, you may submit your complaint to EU’s online dispute resolution platform (the “ODR platform”). Please note however that AARKE is not obliged to participate in the process for online resolution within the framework of the ODR platform.

The ODR platform offers consumers and traders within the EU with the possibility to try and reach an out-of-court settlement for complaints arising from online purchases. This single entry point is designed to be a user-friendly and interactive website, available in all EU official languages and free of charge. Using the ODR platform you and AARKE may find a dispute resolution body and then go through the process of finding a solution to your complaint. The ODR platform is available here: ec.europa.eu/consumers/odr/

Company information/Impressum 

AARKE AB
Hälsingegatan 49
113 31 Stockholm
Sweden

Represented in the UK by: IQS Ltd
Enterprise House, Wrest Park
Silsoe, Bedfordshire
MK45 4HR

Company reg. no: 556862-9991
Company VAT no: SE556862999101
Board of directors: Carl Ljungh

AARKE customer support: 
Email: support@aarke.com