TERMS AND CONDITIONS

Last updated: January 4th, 2023

Please read these terms and conditions carefully before using Our Service.

1. General information on falinas.se

1. 1.1 These Terms and Conditions apply to all visitors, users, and others who access or use the Service and You represent that you are over the age of 18, falinas.se does not permit those under 18 to use the Service.

2. 1.2 By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

3. 1.3 These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service including terms and conditions of membership services, and the terms and conditions for purchases from falinas.se and ILS Company ApS registered with 39162520 - hereinafter referred to as Falinas.

4. 1.4 falinas.se may send notifications, emails, newsletters, special offers, updates, orders, personal preferences, and activities related to Falinas account, and others to maximize the customer's shopping experience using the information available in the customer's registered account. As a valued Falinas VIP member, you will enjoy exclusive member-only pricing and dedicated promotions. You can unsubscribe from receiving any kind of notifications sent by Us at any moment by accessing your profile on "My Account" page on the Falinas website or contacting our customer support team.

5. 1.5 By opting into our newsletters and notifications, the customer also agrees to receive SMS mobile messages from Us at the phone number provided when signing up for the services, and any additional or updated phone number you provide as a contact number in connection with your membership. Regardless of how you signed up for the services, you agree to receive autodialed, prerecorded, or predetermined mobile messages at the phone number associated with your account, and you understand that your consent to receive these messages is not required to make any purchase. falinas.se will possess customers’ personal information according to our privacy policy, and explicitly consent to receive text messages (including marketing/advertising messages) to your mobile device via automated telephone dialing systems or other automated technology. These messages will include information on how to manage your account and membership and may include special offers and other promotional content. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of the mobile messages you receive from Us are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

2. Cookies and personal data

1. 2.1 Falinas uses cookies and third party cookies, respectively.

2. 2.2 A cookie is a text file, enabling the storing of information or accessing data already stored on the distributor’s computer, tablet, smartphone, terminal equipment, and the like, for the purpose of obtaining data on the Customer. Data accumulated by means of cookies are used to analyze the Customer’s behavior on the website and to give the Customer an optimum experience. Further, cookies are applied within marketing.

3. 2.3 Falinas accumulates necessary cookies, preferential cookies, operational and optimizing cookies as well as cookies on targeted advertising.

   1. 2.3.1 Necessary cookies are required for the operation of certain functions on the website.

   2. 2.3.2 Preferential cookies are accumulated to support settings made by the Customer, such as e.g. log-in settings.

   3. 2.3.3 Operational and optimizing cookies are collected for the purpose of adding customer feedback and for web analyses comprising the Customer’s behavior, search processes on the website, and the purpose thereof is to optimize the website.

   4. 2.3.4 Cookies on targeted advertising are used to follow the Customer’s browsing habits and online activities. Such information is used to show individually customized content.

4. 2.4 If linking further on from Falinas to a third party’s website, the third party’s website may also accumulate cookies. Falinas recommends the Customer to make inquiries about any third party’s cookies policy.

3. Membership perks and pricing

1. 3.1 Falinas offers its customers the opportunity to participate in its membership rewards program. To join and enjoy the benefits of the Falinas membership program, simply complete a purchase of any product by selecting the discounted pricing only available on this Site or through an applicable Service and you will be automatically enrolled in the Falinas membership program (including the automatic credit purchase feature every 14 days). As a Falinas member, our experts will send you a customized offer every 14 days. You may cancel your Falinas account anytime using the available methods; entering your account profile, contacting our customer support team by email, live chat, or call our customer service representatives on the available phone number.

2. 3.2 The customer’s Account reflects the balance of the Membership credits available. A Falinas credit can be spent at any time before the expiration date. The amount of credits received is equal to the membership plan cost, based on the correspondent currency (1 SEK = 1 credit). A Falinas credit expires after 30 days.

3. 3.3 Gift Cards function almost identically to membership credits. Gift Cards constitute prepaid promotional certificates that are provided to Members in connection with the Membership Program. They can be used by the customers to purchase any products or services provided by Us on this Site. Gift cards are freely transferable to other registered users and can be divided and applied toward multiple purchases on this Site.

4. 3.4 Gift Cards expire 3 days after the acquisition date. Once the gift card is redeemed the customers must use it within a maximum period of 30 days. However, if a customer cancels the membership during the initial period of the membership, the gift card will be inaccessible on the customer account.

5. 3.5 The Customer is responsible for ensuring that the account details are correct and up to date at all times.

6. 3.6 The member price is 575,00 kr for VIP, var 14:e dag including VAT, the Customer’s debit/credit card will be charged every 14 days. Falinas sometimes offers special welcome offers, where the introductory period usually is between 3 and 30 days. Your membership price can be downgraded to another pricing model as an automatic service after signing up. If this change occurs the receipts will reflect the new membership price.

7. 3.7 If the Customer wishes to terminate the membership services must notify falinas.se in writing at the email address stated in clause 22, or by its own means under “My Account”, by clicking the option “Cancel membership” and the request will be processed with immediate effect.

   Once a user submits a request for cancellation will have available the following two options:
   • - Users can cancel the membership service without incurring extra fees if the current membership plan is held for an extended period of thirty (30) days starting the date of the request, or
   • - Users can cancel the membership service with immediate effect by paying a fee of €75.

8. 3.8 In case of termination, the Customer’s membership will become inactive upon expiry of the period paid for, except in case of termination during the introductory period, in which case the Customer’s account will become immediately inactive. The Customer is not entitled to demand repayment of the member price, in full or in part. Credits are non-refundable.

9. 3.9 If the Customer reactivates the account, the cancellation right according to “Chapter 4”, “section 18 including subsections ” of Denmark’s Consumer Agreements Act does not apply to the membership service.

10. 3.10 Memberships acquired with an eventual introductory period must be cancelled before the end of the limited period described in the offer, otherwise, if the membership is not cancelled before the limited period, the membership will be automatically converted into full membership at the stipulated and accepted price, and automatic charges for the membership will be applied.

4. Prices, payment, and order confirmation

1. 4.1 The prices for the products are those specified on the website on the date of the order and are inclusive of VAT, taxes, dues, and fees, but exclusive of transport costs.

2. 4.2 The prices specified for each product may vary depending on the Customer's registration status (Normal price for Customers who have not signed up for the membership, and VIP member price for first purchases and current members).

3. 4.3 The European price guarantee offered on falinas.se is associated with the membership prices for first purchases as a Falinas member. The European markets to be taken into consideration are the 27 member states of the European Union, together with Iceland, Norway, Switzerland, and the United Kingdom. The European price guarantee does not take into consideration external prices resulting from temporary offers or campaigns. In order to be entitled to compensation for the price difference, the Customer needs to document the difference by the time of the purchase or the following days, as well as report the price difference to our Customer Support within 7 days upon the purchase. In order to prove the price difference, our Customer Support should be able to access the external price through a valid online link and screenshot of the offer.

4. 4.4 The prices and descriptions of products are subject to typographic errors on the part of falinas.se.

5. 4.5 Orders for products described as license keys are limited to the purchase of one (1) activation key per user account.

6. 4.6 Falinas, in its sole discretion, will establish the available stock for the products based on availability and may vary as it deems appropriate.

7. 4.7 The Customer may pay by VISA, MasterCard or Direct Debit.

8. 4.8 When payment has been effected, the amount is withdrawn from the Customer's payment method and the Customer will within a reasonable time receive written confirmation of the purchase by email, including these Terms and Conditions as an integrated part.

9. 4.9 falinas.se will only issue receipts once the purchase has been confirmed and will contain the information registered by the customer on the falinas.se account.

5. Cancellation rights

1. 5.1 The Customer is entitled to exercise the rights of withdrawal from the purchase of goods in accordance with the rules in chapter 18 and its subsection PCS. 2, and chapter 19 of the Danish Consumer Agreements Act by giving notice thereof to Falinas within 14 days upon receipt of the product and consequently its subsection PCS. 2.

2. 5.2 The Customer is liable for any diminution in the value of the product if the commencement of use thereof exceeds any handling required for determining the nature and features of the product and in the course of testing the product. The cancellation right hereunder remains in force, provided, however, falinas.se is entitled to set off any such diminution in value against the refund amount.

3. 5.3 The purchase price shall be refunded to the Customer’s payment method no later than 14 days after the date when the Customer has given notice of the withdrawal of the purchase. However, Falinas reserves the right to withhold the purchase price refund of the products until the products have been returned and received, or until the Customer has submitted the appropriate documentation for their return.

4. 5.4 Once the order has been dispatched, falinas.se reserves the right to refuse a request for cancellation. Notwithstanding, If the customer still wishes to cancel the order, the customer shall refuse the shipment at the delivery stage.

5. 5.5 The Customers can always cancel their current membership, there is no binding period in accordance to point 3.7. Termination can take place via the self-service area on falinas.se or by contacting customer support.

6. 5.6 The customer acknowledges that no refunds derived from a membership service will be made, and that withdrawal rights on the membership services will be valid until the end of the limited period.

7. 5.7 The Customer accessing digital content acknowledged that in doing so, they would lose their right of withdrawal.

6. Delivery

1. 6.1 The time of delivery is stated under the individual products on the website. If not otherwise stated, the time of delivery will be approx. 2-7 working days.

2. 6.2 All products are sent by an acknowledged carrier for delivery at the address indicated in the order.

3. 6.3 Delivery of the product is considered effected when the product has come into possession of the Customer.

4. 6.4 In case of a package is undelivered, the Customer is responsible for contacting falinas.se Customer Support within 30 days from the purchase date.

5. 6.5 In case of a missing product, the Customer is responsible for contacting falinas.se Customer Support within 24 to 72 hours after receiving it as indicated in clauses 8.2 and 8.3.

6. 6.6 ILS Company ApS has the right to subcontract third-party suppliers to provide the transportation services required hereunder to other carriers, provided any such carrier shall be reasonably acceptable to the shipper and qualified to perform the required transportation services. All subcontractors appointed by the carrier shall be subject to the terms and conditions set forth herein. In no event shall the carrier subcontract any of its transportation logistics services, including its services as a transportation services broker.

7. 6.7 The direct expenses incurred in connection in case the Customer fails to collect the product in due time are payable by the customer. The Customer carries the risk in case of accidental loss of or damage to the product during return thereof.

8. 6.8 In case of any returns of products please review please refer to the return policy.

7. Services

1. 7.1 ILS Company ApS requires existing framework agreements with one or more companies with which ILS Company ApS cooperates to deliver services (hereinafter: Contractual Companies).

2. 7.2 ILS Company ApS maintains existing framework agreements with one or more transport companies with which ILS Company ApS cooperates (hereinafter: Contractual Companies).

3. 7.3 ILS Company ApS commissions the transport company selected according to clause 6.5 of these Terms and Conditions.

4. 7.4. ILS Company ApS is a direct seller and does not provide additional services to third parties in case of resale.

8. Returns

1. 8.1 The Customer is obliged to provide the Company and the carriers with all information required to complete the customs formalities and to provide the necessary documents through our email [email protected].

2. 8.2 The Customer must inspect the Goods on received and submit a claim within (24 to 72 hours) from the delivery in order to investigate the case. The customer must inform of any alleged defects, shortage in quantity or damage, including but not limited to products with visible functionality, casing or packaging damage, wrong product, or missing product.

3. 8.3 In order for the complaint to be deemed valid the customer has to provide a photograph indicating the missing piece(s) on the image of the product; a Photograph of the opened box, where the protective seal can be seen; a Photograph of the label attached from the courier; a Photograph of the visible damage or mistaken product; Image of the list of products with stamps; image of the EAN code; A video is also accepted in these cases, as long as all the previous required information is clearly captured and easy to view. If the customer fails to comply with these provisions, the Goods shall be deemed conclusively to be in accordance with the Contract and free from any defect or damage which would be apparent on a reasonable examination of them.

4. 8.4 Where a defect would not have been apparent on a reasonable examination under clause 8.2, the customer shall notify the Company as soon as reasonably possible when the defect becomes apparent; and the customer shall provide all information and assistance required by the Company to investigate any suspected defect and, if required, permits the Company to inspect the Goods concerned at any premises where the same are located.

5. 8.5 The Customer is not permitted to return the product COD or by means of a parcels office. When a return of a product is been made by a customer with a Non-Member account additional transport costs may apply. If the return of the product is been made by a customer enrolled in the VIP members club, the transport cost will be covered by falinas.se. In any case, the products must specify the sender’s name, and address and be marked “complaint”. Products shall be marked “return” if the return of the product is due to the exercise of the cancellation right.

6. 8.6 Further details of the Company’s returns policy will be communicated to the customer on a regular basis.

9. Refunds

1. 9.1 Falinas Customers are entitled to a refund within 14 days from the day of purchase. If the purchase is a membership service with a recurring charge, then the users have the right to cancel the service and all future charges by following the instructions given in the message sent after the purchase. To the extent permitted by law, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for Services or credits or goods that have been received and enjoyed, we reserve our right to reject Customer’s Refund request.

2. 9.2 Refunds can be claimed by using our email address [email protected]. Refund depends on case to case. Please note, the Refunded amounts in some cases may differ from the paid amount due to currency exchanges and third-party fees, and we shall not be responsible for the differences caused by such rates or fees.

3. 9.3 If a refund claim has been assessed by us as due for Customers that have used falinas.se credits as a Payment Method, the refund will be processed as credits to the same account.

4. 9.4 If a refund claim has been assessed by us as due for Customers that have used a mixed Payment, including falinas.se credits and debit/credit card or direct debit, the refund will be processed corresponding to the equivalent of the portion paid from each payment method selected.

5. 9.5 If a refund claim has been assessed by us as due for Customers that have selected Direct Debit as a Payment Method, the refund will be processed to the selected bank account, Ten (10) business days after the payment has been confirmed by the issuing bank.

6. 9.6 If a refund claim has been assessed by us as due for Customers that have used credit/debit cards as a Payment Method, it will be processed and credited back to the original payment method selected.

7. 9.7 Refunds request coming from orders rejected by the customers at the delivery stage as stated in clause 5.5, will be issued once the order has reached the logistics warehouse of origin and has passed the quality inspection.

8. 9.8 When the shipment has not been successfully delivered to the customer for any logistical reasons caused by falinas.se, the customer shall submit a claim to falinas.se and after evaluating the request shall process the refund to the original payment method if the claim has been assessed by us as due.

10. Security and personal data

1. 10.1 Protection of the Customer’s privacy is important to Falinas. Consequently, our payment solution is based on the SSL standard, meaning that the information submitted by the Customer in connection with his/her payment is protected by means of encryption. The SSL standard is a widespread form of encryption in e-trade and is therefore considered a very secure solution.

2. 10.2 The completion of a purchase from Falinas requires the submission of personal information in order for Falinas to deliver the product to the Customer. You can find more about Falinas’s privacy policy on the following link https://falinas.se/privacy-policy

3. 10.3 Falinas limits the creation of Customer accounts by one per person and two per address or IP.

   10.4 Falinas reserves the right to monitor any attempt to establish multiple accounts. In the case of duplicated accounts, Falinas reserves the right to act on it without notice nor limitations to guarantee the adequate use of the services. Continued violation will result in the termination of all the Customer accounts involved.

11. Right to claim compensation for faulty goods

1. 11.1 The Customer has two years' right to claim compensation for faulty goods after the goods have been delivered in accordance with According to the Danish Sale of Goods Act consumers have a two-year legal warranty.

2. 11.2 If the Customer wishes to invoke a defect, they must notify Falinas in writing within a reasonable time after the Customer has become aware of the defect.

3. 11.3 Notwithstanding the remedies for defective products in accordance with According to the Danish Sale of Goods Act. falinas.se reserves the right to remedy defects, including but not limited the right to repair and replace products.

4. 11.4 Any notice of defect must be notified by contacting [email protected].

12. Exclusion of liability

1. 12.1 Falinas is excluded from liability in case of changes in duties and prices, shortage in the availability of products, errors in proof, technical defects, and force majeure, e.g. industrial conflicts with sub-suppliers, defective deliveries, and products, or sub-suppliers who fail to deliver or cause a delay in delivery. Likewise, Falinas is not liable for any failure in the receipt of notifications including but not limited to emails in connection with purchases or requests for or termination of membership. It is the Customer’s responsibility to ensure that an email does not end up in the junk/spam email box or similar places.

2. 12.2 To the maximum extent permitted by applicable law, in no event shall ILS Company ApS or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if ILS Company ApS or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

3. 12.3 Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

13. Miscellaneous

• Terms and conditions of this agreement may be amended by falinas.se without prior notice to the user. falinas.se reserves the right to any grammatical or spelling errors in the agreement.

14. Applicable law and jurisdiction

• These Terms and Conditions are governed by the laws of Denmark and will be interpreted in accordance with Danish's courts. Danish's courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions.

15. Disputes Resolution

• If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting Falinas

16. For European Union (EU) Users

• Danish regulation prevails. However, If You are a European Union consumer, you might benefit from any mandatory provisions of the laws of the country in which you are resident.

17. United States Legal Compliance

• You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

18. Severability

• If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

19. Waiver

• Except as provided herein, the failure to exercise a right or to require the performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

20. Translation Interpretation

• These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

21. Changes to These Terms and Conditions

• We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 15 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
  
  By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

22. Contact details

• ILS Company ApS
• Mylius Erichsens Vej 20A 9210 Aalborg SØ
• CVR 39162520
• Email: [email protected]

Best regards