1. General 1.1 The following terms and conditions (“Terms”) of Fenix Outdoor E-com AB (“Fenix”) apply to all contracts on the delivery of goods which a consumer or trader ("you“) concludes with Fenix in regard to the goods presented in the Royal Robbins online shop. 1.2 Fenix Outdoor E-com AB is the e-commerce company of Fenix Outdoor AB. Both Fenix Outdoor AB and the brand Royal Robbins are part of the Fenix Outdoor group. 1.3 Consumer within the meaning of these Terms is any natural person who concludes a contract for purposes that are outside his trade, business, craft or profession. Trader within the meaning of these Terms is any natural or legal person, irrespective of whether privately or publicly owned, who is acting for purposes relating to his trade, business, craft or profession when concluding a contract.
2. Conclusion of a contract 2.1 The product descriptions contained in the online shop do not constitute a binding offer by Fenix. 2.2 You can submit your order via the online order form integrated in the online shop. After you have placed the selected goods in the virtual shopping cart and gone through the electronic ordering process, you make a legally binding offer to enter into a contract with regard to the goods in the shopping cart by clicking the final button that concludes the ordering process. 2.3 Fenix can accept your offer within five days, • by sending you a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by you is decisive, or • by delivering the ordered goods to you, whereby the receipt of the goods by you is decisive, or • by requesting you to pay after placing your order. If several of the aforementioned alternatives are given, the contract is concluded at the time when one of the alternatives occurs first. The period for acceptance of the offer begins on the day after you submit the offer and ends with the expiry of the fifth day following the submission of the offer. If Fenix does not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that you are no longer bound by it. 2.4 When submitting an order via the online order form, the text of the contract will be stored by Fenix and sent to you in text form (e.g. e-mail, fax or letter) together with these Terms. In addition, the text of the contract is archived on the website and can be accessed free of charge via your password-protected customer account by entering the corresponding login data, provided that you have created a customer account in the online shop before sending your order. 2.5 Before placing a binding order via the online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical tool for better recognition of input errors can be the enlargement function of the browser, which enlarges the display on the screen. You can correct your entries during the electronic ordering process using the usual keyboard and mouse functions until you click on the final button that concludes the ordering process. 2.6 Only the English language is available for the conclusion of the contract. 2.7 The order processing and contact are usually carried out automated and by e-mail. You must ensure that the e-mail address you provide for order processing is correct so that e-mails sent by Fenix can be received at this address. In particular, if you use SPAM filters, you must ensure that all emails sent by Fenix or its third party order processors can be delivered.
3. Statutory right of withdrawal As a consumer, you have the statutory right to withdrawal. You can find further information and the legal instructions on the right of withdrawal here.
4. Option to return goods up to 30 days after receipt 4.1 Without prejudice to your statutory right of withdrawal, we offer consumers the option of returning goods within 30 days of you receiving them. This return option allows you, even after the 14-day withdrawal period has expired (see "legal instructions in the right of withdrawal"), to cancel the contract by returning the goods to us within 30 days of receiving them (this period commences upon your receipt of the goods). You can find further information on how to return goods here. 4.2 Your goods will be deemed returned within 30 days if you send them within such time. However, your exercise of this return option is preconditioned upon that the goods are returned in their original condition, intact and undamaged, in their original packaging and with clothing tags still attached. The voluntary 30 days return right does not exist for contracts subject to sealed goods which have been unsealed after delivery and which are not suitable for return due to hygienic reasons. 4.3 Until the period for exercising the statutory right of withdrawal expires, the statutory provisions governing this right shall apply exclusively. The option to return goods does not limit your statutory warranty rights, to which you remain entitled without qualification.
5. Prices and payment terms 5.1 The prices displayed online include the statutory Value Added Tax (VAT) but do not include a delivery charge. For more details regarding the amount of the delivery charge, please read our shipping information. 5.2 You can decide how you want to pay for the goods. There are a number of payment options to choose from. Please read our payment information. 5.3 All purchases via this online shop are exempt from VAT refund.
6. Delivery and shipping conditions 6.1 Unless otherwise agreed, goods will be delivered by mail to the delivery address given by you. The delivery address indicated in the Fenix’ order confirmation will be used to complete the transaction. 6.2 Please read our shipping information for more details and the possible shipping methods. 6.3 If the delivery company returns the shipped goods to Fenix because delivery to you was not possible, you will be responsible for the cost of the unsuccessful delivery. This does not apply if you have effectively exercised your right of withdrawal, if you are not responsible for the circumstance that led to the impossibility of delivery, or if you were temporarily prevented from accepting the goods unless Fenix has notified you of the delivery a reasonable time in advance. 6.4 Self-collection is not possible for logistical reasons.
7. Retention of title The goods delivered to you will remain the property of Fenix until payment is completed. As long as the property has not yet officially been transferred to you, you are obliged to handle the goods with the utmost care. If the delivered goods are seized or exposed to any interference by a third party, you are obliged to inform us of this immediately and in writing.
8. Liability for defects (warranty) 8.1 In the event that a purchased item is defective, the provisions of the statutory warranty rights apply. You can find further information on how to return defective items here. 8.2 In the event of obvious transport damages, we kindly ask you to complain directly to the delivery company that delivered the parcel to you and inform us. Failure to do so will not affect your legal or contractual claims for defects.
9. Alternative dispute resolution 9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr This platform serves as a contact point for non-judicial settlement of disputes arising from online purchase or service contracts in which a consumer is involved. 9.2 Fenix is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
10. Final provisions 10.1 These Terms will be governed by and construed in accordance with the laws of Sweden and any disputes that may arise shall be subject to the non-exclusive jurisdiction of the Swedish courts. 10.2 If any of these Terms are found to be invalid by any court or regulator, the other Terms shall continue to apply.
