These General Terms and Conditions apply to Orders and use of the service for heating control provided by Manetos AB, corporate ID number 556812-5008.
If the Customer is a consumer, consumer legislation applies to the Order. Certain provisions of these Terms and Conditions apply only when a consumer relationship exists. That is explicitly stated if it is the case.
The following words and expressions will have the following meanings in the Terms and Conditions:
The Agreement: The Terms and Conditions, Confirmations and the registration of the user account together constitute the Agreement.
Confirmation: A confirmation that contains detailed information on an Order.
Order: The Customer's specific order for the Service.
The E-service: The digital platform for heating control accessed by the Customer through the Customer's user account on the Website or by downloading the Manetos app.
The Hardware: The heating control equipment installed at the Customer's premises after an Order has been completed, consisting of the main unit, temperature sensors and necessary peripheral equipment.
Consumer: A Customer who is a natural person who purchases primarily for purposes that do not form part of a commercial activity.
Customer: The natural or juridical person who places an Order and/or uses the Service. The definition also includes a Customer who is a Consumer.
Manetos: Manetos AB, corporate ID number 556812-5008.
The Service: Manetos' service for heating control, including the Hardware and the E-service.
The Terms and Conditions: These general Terms and Conditions.
The Website: The Manetos website, currently at www.manetos.com.
Defined words and expressions stated in their various inflected forms do not affect the meaning of the definition.
3. APPROVAL OF THE TERMS AND CONDITIONS
Before the Customer places an Order or uses the Service, the Customer must have read, understood and accepted the Terms and Conditions. The Customer accepts the Terms and Conditions by checking the box "Jag accepterar Manetos allmänna villkor" [I agree to Manetos' Terms and Conditions].
The Customer must be at least 18 years of age to place an Order, otherwise parental approval is required.
The Customer confirms his or her Order by clicking on the "BESTÄLL" [ORDER] button. This entails a payment liability and means that the Customer will be invoiced or charged an amount equal to the price of the Order plus fees and taxes relating to the Order by means of the selected payment method.
After an Order has been completed, an e-mail containing a Confirmation is sent by Manetos. The Confirmation contains detailed information on the Order. If the Customer failed to receive a Confirmation within 24 hours, he or she should contact Manetos at the address or e-mail address stated below.
5. THE SERVICE
The Service consists of certain equipment that is installed at the Customer's premises (the Hardware) and of a digital service to which the Customer can subscribe (the E-service). The Customer must also have had the Hardware installed and must take out a valid subscription to the E-service.
The Service may only be used for its intended purpose in accordance with the Agreement, Manetos' instructions and with legislation applicable at any given time.
6. DELIVERY AND INSTALLATION
Delivery and installation of the Hardware is included in a new Order, unless otherwise specifically stated on the Website. The Hardware can be delivered to addresses in Sweden and can be installed in most buildings with water-borne heating. The Hardware will be delivered and installed by an installer appointed by Manetos. The Customer is responsible, prior to the Order, for checking that the Service can and may be used at the Customer's residence or premises, that the Hardware can and may be installed at the Customer's residence or premises and, after the Order, the Customer is responsible for providing the installer with the access, the assistance and the details required to allow the installer to install the Hardware.
The Order includes one delivery and installation attempt. A fee of SEK 500 is payable if the Customer is not available at the agreed time and place for delivery and installation or for return freight, if the Customer is not reachable at the stated telephone number or if the Customer has given an incorrect delivery address. The Customer is then able to book a new time for another delivery and installation attempt.
The Customer is responsible for ensuring that it is possible to deliver and install the Order at the stated address and location. Deliveries only take place to addresses with passable roads on the mainland, unless otherwise specifically agreed. The transport route must have been cleaned and any delicate objects must have been removed. Manetos and the installer reserve the right to refuse to carry out a delivery to or installation at the desired location if it may entail a risk of injury to persons or damage to property or assets and if, in the opinion of Manetos or the installer, the delivery or installation is not possible or its performance cannot be considered reasonable.
7. THE E-SERVICE
The E-service is a digital platform for smart heating control. The Customer can access the E-service by logging into the Manetos app (which is available for iOS and Android) or via the Website. To be able to use the E-service, the Customer must first take out a subscription, after which the Customer receives log-in data for the E-service. The Customer is responsible for ensuring that the information provided during registration is accurate, up-to-date and complete. The Customer must protect his or her log-in details to prevent unauthorised access to the E-service.
Manetos is entitled at any time to block the Customer's access to the E-service if the Customer is in breach of the Agreement or if Manetos suspects that unauthorised access or any other security risk may exist.
8. FEES AND PAYMENT
Manetos' prices for the Service are specified on the Website at the time of the Order. All prices are stated in SEK and include VAT.
The Hardware: Manetos charges a one-time fee for the Customer's Order of the Hardware, as indicated on the Website.
The E-service: Manetos charges a subscription fee for access to the E-service, unless otherwise specifically stated on the Website. The subscription fee is charged to the Customer monthly in advance.
Manetos may offer promotional prices, offers and discount codes under the circumstances and in accordance with the special terms and conditions set out on the Website
Payment can be made using any of the payment options specified on the Website at any given time. Payment for the Hardware can also be made against an invoice and payment for the E-service may be made via direct debit.
In the event of late payment, interest on overdue payment is payable in accordance with the Swedish Interest Act, along with any late payment fees and debt collection fees.
9. RENTAL OF HARDWARE IN CERTAIN CASES
The possibility of ordering the Service without the need to pay a one-time fee for the Hardware may be offered during promotions or special offers. In these cases, the Customer rents the equipment from Manetos until further notice. In the case of rental of the Hardware, the Customer is responsible vis-à-vis Manetos for the Hardware. The Customer must take good care of the Hardware and ensure that it is not exposed to other than normal wear and tear. If the Customer terminates the Agreement or stops paying the subscription fee for the E-service, the Hardware must be uninstalled and returned to Manetos without delay.
Rented Hardware may under no circumstances be transferred, leased or otherwise disposed of. Nor may rented Hardware be moved from the original delivery address without Manetos' approval in writing. If the Customer must dispose of or move out of the premises or residence where rented Hardware is installed, the Customer must inform Manetos within a reasonable time before the move and return the Hardware to Manetos on request.
If the Hardware is damaged upon return and the damage is not attributable to normal wear and tear, Manetos is entitled to receive payment to remedy the damage. If the damage cannot be remedied or if it is not economically justifiable to remedy it, Manetos is entitled to receive compensation amounting to (i) the ordinary selling price of the Hardware minus the amount that the Customer has already paid in subscription fees for the E-service, or (ii) 20% of the ordinary selling price, whichever is the higher.
When the Customer has paid a subscription fee for the E-service for 24 months, the right of ownership of the rented Hardware is transferred from Manetos to the Customer without any formal requirements or specific notice concerning the transfer.
10. RESERVATION WITH REGARD TO RECOVERY
If the Customer rents the Hardware and the Customer fails to fulfil its obligations in accordance with the Agreement, Manetos reserves the right to cancel the Agreement, recover the Hardware and claim compensation for costs incurred and damage due to breach of the Agreement.
11. RIGHT OF WITHDRAWAL FOR CONSUMERS
As a main rule, Consumers have a 14-day right of withdrawal when they are purchasing at a distance and off business premises. A Consumer has a right to withdraw from an Order for the Service by issuing or sending a notice to Manetos to that effect no later than 14 days from the date when the Order was placed. The Consumer can issue or send such a notice to the address or e-mail address specified below.
Manetos can help the Consumer uninstall and return the Hardware installed at the Consumer's premises in return for a payment. The Consumer can receive instructions for uninstalling the Hardware from Manetos by telephone free of charge. If the Consumer exercised his or her right of withdrawal, Manetos will refund, within 14 days, the one-time fee for the Hardware paid by the Consumer. However, Manetos may withhold the payment until the Consumer has returned the Hardware to Manetos' address as specified below in its original packaging and with sufficient protective packaging. Manetos will refund the one-time fee using the same payment method as the Consumer used, unless the Consumer has expressly agreed otherwise.
In the case of return shipping due to exercise of the right of withdrawal, the Consumer is responsible for the Hardware until it has arrived at Manetos and for ensuring that the Hardware is sufficiently packaged, if possible in its original packaging, and that the Hardware is shipped in a reliable manner. Manetos does not accept packages sent cash on delivery. If the Manetos installer uninstalls and returns the Hardware, Manetos is responsible vis-à-vis the Consumer for the return shipping.
Any costs incurred due to the Consumer's exercise of his or her right of withdrawal are payable by the Consumer. If the Consumer exercises his or her right of withdrawal, the Consumer is obliged to compensate Manetos for: (i) any costs for uninstallation of the Hardware by Manetos' installer; (ii) costs for return shipping; (iii) any reduction in value of the Hardware if such reduction is due to the fact that the Consumer handled the Hardware to a greater extent than was necessary to determine its properties or functions; and (ii) any higher delivery costs due to the Consumer's choice of delivery method.
12. INTELLECTUAL PROPERTY RIGHTS
All intellectual property and other rights (registered and unregistered) relating to Manetos, the Service, the Website and Manetos' app are held by Manetos (or Manetos' licensors). Except as provided in the Terms and Conditions, the Customer has no right or license to make use of any copyright, trademark or other intellectual property right owned or controlled by Manetos.
The Customer may not change or delete any right of ownership information from the Service concerning patents, copyright, trademarks or other intellectual property.
13. LICENCE FOR THE E-SERVICE
The Customer may not use, copy or transfer the E-service or any part thereof other than as permitted under the Terms and Conditions. Under no circumstances may the Customer change, develop or create extensions to the E-service.
The Customer may not lease, lend or otherwise allow any third party to dispose of the E-service, directly or indirectly, or otherwise make use of it.
The Customer may not decompile, apply reverse engineering or otherwise attempt to recreate source code or create backup copies except as specified in an applicable law.
15. LIABILITY AND COMPLAINTS
Manetos gives a two-year product guarantee for manufacturing defects in the Hardware that existed when it was delivered to the Customer. The Customer must file a complaint relating to any manufacturing defect within a reasonable time, though no later than within two months, from when the fault was discovered or should have been discovered. Manetos is not liable for faults in the Hardware over and above the product guarantee vis-à-vis a Customer who is not a Consumer.
In addition to the product guarantee, Manetos is liable for faults in the Hardware vis-à-vis a Consumer in accordance with the Swedish Consumer Purchases Act (1990:932). The Consumer is legally entitled to file a complaint relating to the Hardware within three years from delivery. Complaints must be filed within a reasonable time, though no later than within two months, from when the fault was discovered or should have been discovered. The Consumer can only file a complaint concerning faults existing in the Hardware when it was delivered. Manetos reserves the right to deny a complaint if the fault does not mean that the product is defective under the Swedish Consumer Purchases Act.
Manetos endeavours to achieve high availability for the E-service. It may nevertheless be the case that the E-Service is not available including but not limited to during maintenance as well as in circumstances beyond Manetos' reasonable control. Manetos is never liable for such situations.
Manetos gives no other guarantees regarding the availability, quality, suitability or functionality of the Service.
Manetos is not liable under any circumstances for indirect damage such as loss of profit, loss of earnings or sales or consequential damage or for compensation vis-à-vis third parties or loss of data, unless such liability is provided for by an imperative law or if the damage was caused by Manetos deliberately or due to gross negligence.
Manetos' overall liability vis-à-vis the Customer must never exceed (i) what the Customer paid Manetos during the calendar year in which the damage occurred, or (ii) 0.2 price base amounts, whichever is the lower, unless otherwise provided for by an imperative law.
16. RETURN OF THE HARDWARE
The Hardware contains electronics that must be recycled according to specific procedures. If the Customer no longer wishes to use the Service, Manetos may, in return for a fee, uninstall the Hardware at the Customer's residence or premises for recycling or reuse. Manetos can also provide the Customer with instructions on uninstalling the Hardware by telephone. Please contact Manetos for assistance with uninstalling and returning the Hardware. All return shipping is payable by the Customer
17. CONTRACT PERIOD AND NOTICE OF TERMINATION
Unless otherwise agreed at the time of the Order, the Customer's subscription to the E-service is valid until further notice. The subscription for the E-service must be terminated in writing 30 days in advance.
Reactivation of the subscription for the E-service will be subject to a reactivation cost of SEK 300.
Manetos is entitled to terminate the Agreement with immediate effect if the Customer commits any substantial or repeated breach of the Agreement though such will not limit Manetos' right to receive other penalties that may apply due to breach of the Agreement by the Customer.
Notices, questions and complaints to Manetos must be sent to:
114 47 Stockholm
Notices from Manetos to the Customer will be sent to the Customer's registered postal address or e-mail address or to any postal address or e-mail address that the Customer has specified or used in communications with Manetos.
Manetos may assign its rights and obligations vis-à-vis the Customer to another company. All rights and obligations applying between the Customer and Manetos will then apply between the Customer and that company instead.
The Customer may only transfer its rights and obligations vis-à-vis Manetos with Manetos' consent in writing.
Manetos is entitled to change the Terms and Conditions and its prices. Changes take effect for new Orders from the date when the changes are published on the Website. For Orders already completed and for subscriptions, the Customer will be informed no later than 30 days before the changes begin to take effect. The Customer accepts the changes through its continued use of the Service.
Manetos may at any time update the Service or remove or add features. Manetos is also entitled at any time, at its sole discretion or if required by law or by a decision by a public authority, to change, discontinue or temporarily or permanently suspend the provision of the Service without prior notice. The Customer agrees that Manetos is not liable vis-à-vis the Customer or any third party for any such change, interruption or termination.
Manetos issues a disclaimer with regard to any typographical error in its communication, product information and prices and final sales of the Hardware.
22. APPLICABLE LAW AND DISPUTES
Swedish law will apply to this Agreement, through without the application of its rules regarding the choice of law or the Swedish Act (1987:822) on Contracts for the International Sale of Goods (CISG)
Consumers may consult municipal consumer guidance for advice. Consumers may consult Allmänna reklamationsnämnden [the National Board for Consumer Complaints], Box 174, 101 23 Stockholm, www.arn.se, to have any dispute heard. Manetos complies with recommendations issued by the National Board for Consumer Complaints. Consumers can also find information and obtain help via the European Commission's on-line platform for alternative dispute resolution here [http://ec.europa.eu/consumers/odr/].
Any dispute arising out of the Agreement must be finally settled by a general court, with Stockholm District Court as the court of first instance.