These general terms and conditions apply to the purchase of a service for heating control from Manetos AB, corporate ID number 556812-5008 (hereinafter referred to as "the Supplier"). A purchase must be considered to have taken place when the customer has received an invoice from the Supplier or when the customer's account has been charged with the cost of the Hardware/Service.
2. THE SERVICE
The Service consists of equipment (main unit, temperature sensors and peripheral equipment, hereinafter referred to as "the Hardware") installed at the customer's premises as well as an e-service to which the customer can subscribe (hereinafter referred to as "the Service"). The customer must have the Hardware installed and a valid subscription in order to be able to use the Service.
3. SUPPLY AND INSTALLATION
The Hardware can be delivered to addresses in Sweden and can be installed in most buildings with water-borne heating. The Hardware is delivered and installed by an installer appointed by the Supplier. It is the customer's responsibility, before purchasing, to check 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 purchasing, to provide the installer with access and the details required to allow the installer to install the Hardware.
4. THE E-SERVICE
The customer can access the e-service by logging into the Manetos app via his or her mobile phone (iOS and Android) or computer/tablet on the website http://manetos.com/sv. In order to be able to use the e-service, the customer must first register his or her subscription. The customer then receives a user name and a password and the customer is responsible for safeguarding these details in order to prevent unauthorised access to the e-service.
The Supplier is entitled at any time to suspend the customer's access to the e-service if the customer is in breach of these terms and conditions or if the Supplier suspects that unauthorised access or any other security risk exists.
5. FEES AND PAYMENT
The Supplier charges a one-time fee for the customer's purchase of the Hardware. The Supplier charges a regular subscription fee for access to the e-service. The fees are specified at the time of the purchase and a service fee applicable at any given time is specified on the website http://www.manetos.com/sv/.
Payment of one-time and subscription fees can be made using a bank card (Visa or Mastercard) issued by a Swedish bank, provided that the order is placed via the Supplier's website. Payment is otherwise made against an invoice or by direct debit for the subscription fee.
6. COOLING-OFF PERIOD
A customer who is a natural person who is acting primarily for purposes that do not form part of a commercial activity is referred to hereinafter as a "Consumer". Consumers have a 14-day cooling-off period since they are purchasing at a distance and off business premises. This means that a customer has a right, with the Supplier, to withdraw from a purchase of the Hardware by submitting or sending a notice to that effect to the Supplier no later than 14 days from the date on which the customer had the Hardware installed. The customer can submit or send such a notice to the address or e-mail address specified in paragraph 11 below.
If the customer exercises the right of withdrawal, the Supplier has a right (though not an obligation) to have the installer appointed by the Supplier uninstall and remove the equipment that was installed at the customer's premises. If the customer exercised the right of withdrawal within 14 days, the Supplier will refund the one-time fee for Hardware paid by the customer. Nevertheless, the Supplier may withhold the payment until the customer has returned the Hardware to the Supplier in accordance with the information contained in paragraph 11 below. The Supplier will use the same payment method as the customer unless the customer has expressly agreed otherwise.
If the customer exercises the right of withdrawal, the customer is obliged to compensate the Supplier: (i) for any reduction in value of the equipment if such reduction in value is due to the fact that the customer handled the product to a greater extent than was necessary to determine its properties or functions; (ii) for any higher delivery costs due to the customer's choice of delivery method.
7. CUSTOMER DATA
The Supplier, as Personal Data Controller in accordance with the Swedish Data Protection Act (1998:204), will process information on the customer's name, address, telephone number and heating equipment, as well as other information that the customer provides or sends to the Supplier or an installer appointed by the Supplier. The information will be used to manage the customer relationship and for marketing purposes. The information may also be provided to third parties for their marketing purposes.
Furthermore, the Supplier will process information on temperature data and other similar information collected by the Service on the customer's behalf. The Supplier is then acting as a personal data assistant in accordance with the Swedish Data Protection Act and, in that role, the Supplier may process the data only in accordance with the customer's instructions and must adopt appropriate technical and organisational measures to protect the information.
Nevertheless, the Supplier, as Personal Data Controller, will also process temperature data and other similar information collected by the Service on its own behalf for business and product development purposes, for customer and market analyses and for other similar purposes. The data may, for the same purposes, be disclosed or transmitted to third parties, though names and other data that are directly attributable to a customer will first be removed from the material.
In accordance with the Swedish Data Protection Act, the customer is entitled to obtain information about the personal data processed on the customer, free of charge, once per calendar year, by sending a signed request in writing to the Supplier (the address is given in paragraph 11 below). If the customer's personal data is processed in violation of the Swedish Data Protection Act, the customer may request that the personal data be corrected, blocked or deleted.
8. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights and other rights regarding the Service, the Hardware or the Supplier are held by the Supplier (or the Supplier's licensor). The Supplier grants the customer a non-exclusive, non-transferable, non-sublicensable licence to use the e-service for its intended purposes in accordance with these terms and conditions during the period in which the customer is in possession of a current subscription for that purpose.
For the Hardware and the installation thereof, the Supplier has the liability that derives from mandatory and waivable law. The Supplier is liable for any property damage that the Hardware causes the customer's property due to a safety flaw (only the Consumer's property). A safety flaw means that the Hardware is not as safe as can reasonably be expected. Safety must be assessed in the light of how the Hardware could have been expected to be used and how it was marketed and taking into account directives, operating instructions, the time when the Hardware was put into circulation and other circumstances. The Supplier is not liable for any indirect loss vis-à- vis a customer who is not a Consumer and the Supplier's total liability vis-à- vis such a customer will not exceed what the customer paid the Supplier.
For the e-service, the Supplier is solely liable as follows: If the e-service fails to fulfil what the Supplier has offered, the customer is entitled to demand a reasonable reduction in the subscription fee for the e-service during the period for which the defects continue to exist. It is noted that maintenance, upgrades, "bugs" and other planned or unplanned reasons can be expected to lead to some interruptions and faults in the e-service and that the customer is not entitled to demand a reduction in the regular fees unless such interruptions and faults occur to a greater extent than the customer should reasonably be able to accept.
Notwithstanding the foregoing, the Supplier's liability for any damage caused by the Supplier either intentionally or through gross negligence is not limited.
10. QUESTIONS AND COMPLAINTS
Questions and notices of complaint may be submitted or sent to the address or email address specified in paragraph 11 below. A customer who is a Consumer has two years to file a complaint regarding original faults. Other customers must file complaints regarding original faults within six months of the purchase. Regardless of whether or not the customer is a Consumer, the customer must always file complaints within a reasonable time from when the customer identified the fault in the product.
Notices to the Supplier may be submitted or sent to the Supplier Manetos AB, Linnégatan 18, 114 47 Stockholm, or may be sent by e-mail to email@example.com. Notices from the Supplier to the customer will be sent to the customer's registered postal address or to the postal or e-mail address that the customer has specified or used in communications with the Supplier.
12. CONTRACT PERIOD AND NOTICE OF TERMINATION
Unless otherwise agreed at the time of purchase, the customer's subscription to the e-service is not subject to any contract period.
In the case of reactivation of the subscription after it has been terminated by the customer, an activation fee of SEK 300 will be charged to cover administration and start-up work.
Furthermore, the Supplier is entitled to give notice of termination of the subscription with immediate effect if the customer is in material or repeated breach of these terms and conditions.
As far as purchase of the Service and the Hardware and associated circumstances are concerned, the Supplier may assign its rights and obligations vis-à- vis the customer to another company. All rights and obligations applying between the customer and the Supplier will then instead apply between the customer and that company.
The Supplier is entitled to change these terms and conditions and the regular fees for the e-service.The changes enter into force three months after notice to that effect has been sent to the customer.
15. APPLICABLE LAW AND DISPUTES
These terms and conditions and the relationship between the customer and the Supplier must be interpreted and applied in accordance with Swedish law, excluding Swedish rules on choice of law and the Swedish Act (1987:822) on Contracts for the International Sale of Goods (CISG). Any dispute deriving therefrom must be settled by a general court, with Stockholm District Court as the court of first instance.