A. Contracting parties, conclusion of a sales contract:
All sales, deliveries and other services to our customers provided via our Webshop www.fittedgood.com or via other sales channels are subject to these general terms and conditions (hereinafter “GTC”).
Your order in our Webshop constitutes your binding offer to us, FittedGood Solutions Oy (hereinafter „FittedGood“ or „us“) to conclude a sales contract with us and you are bound to your offer for a period of seven days. A binding sales contract is established once we have send you an order confirmation or if we have delivered the ordered goods to you, whichever occurs first. [For the sake of clarity, the automatic receipt notice of your order per E-Mail does not yet constitute a binding sales contract.]
All sales contracts under every order will be subject to these GTC’s and these GTC’s will be included to every sales contract. The sales agreements will be concluded either in Finnish or English language, depending on which language version of our Webshop is being used for each order. If the order is placed on the Finnish language version Webshop, the Finnish version („YSE“) of these GTC’s will be applicable. Respectively, these English-language GTC’s will be applicable for all orders placed on the English language version of the Webshop.
B. Price information:
All prices are given in EUR, including the applicable VAT in Finland. In case of change of VAT the pricing will be adjusted respectively. For the sales for other than private persons, the VAT ID information will be required and it will consequently be verified by us. The applicable price shall be the price indicated prior to the issuance of an order. We explicitly retain the right to make any corrections to the pricing due to spelling or technical errors by us.
C. Deliveries and related costs:
We deliver to addresses within the area of European Union (especially [Austria, Germany ,Belgium, Finland, the Netherlands, France, Italy, Croatia, Luxembourg, Sweden, the Slovak Republik, Slovenia, the Czech Republik, Hungary and the United Kingdom]. You hereby confirm to us that you are located and domiciled in these countries, and that you are at least the age of majority in Finland or in the jurisdiction where you are domiciled.
The delivery costs for regular deliveries (weight maximum of 10 kg and measurements maximum of [100x50x50]) to Finland are € [5],- (orders above € [100],- delivery costs free of charge), to [other country] € [4,95] (orders above € 60,- delivery costs free of charge) and in further countries € [10],- per order. At other deliveries the delivery costs will be issued case-by- case.
D. Delays of deliveries and shortages of goods
Our Webshop is connected to a logistical support system which enables us basically to remove the merchandise not available from our sales offering. However, despite of our efforts situations may occur where we can only deliver with a delay, and in some cases we may even have to admit that the ordered goods are not available. We will use our reasonable efforts with the delayed deliveries to agree on a revised delivery schedule with our customers. If the ordered goods are no more available to us from our suppliers, we are entitled to terminate the sales contract, and will refund any related payments. We are entitled to fulfill an order or a sales contract only for a certain part of it and to deliver the ordered goods in more than one shipment, in which case we bear the costs for such additional shipments.
E. Customer’s right of withdrawal:
Customer shall have the right to withdraw from the sales contract with 14 days’ notice as defined in the Finnish Consumer Protection Act. Such right does not exist if the goods were tailored to the customer, or if they are reduced or changed in any manner. For the avoidance of doubt, all mens’ suits sold by us are tailored and the customer is not entitled for the withdrawal from the sales contract.
In case the customer has ordered non-tailored products and has a right of withdrawal as set out above, the customer shall return such goods unused and in their original packaging. Then the customer shall have the right to either order substituting goods (additional delivery costs to be charged), or just to hand back the goods and request for the refund of the payment. If the goods have been used, we are entitled to reduce the amount of reduced value of the goods from the repayment amount.
Customer’s right of withdrawal does explicitly not apply to any goods which are being returned as incomplete, damaged or dirty, as well as not to any goods which are clearly labelled as outlet goods, or if the goods are tailored for customer’s measurements, are one-off, or other special batches.
In order to use your right of withdrawal you should send us by regular mail or by Email a written notification thereof (preferably our .pdf Withdrawal-template, to be found under Link: „Returning Customer“ in our Webshop). The 14 days’ period is regarded as complied with if you have send your notification before the expiry of the said period. You should return the relevant goods within 14 days’ period from the date of your notification. The costs of the return will be born by us in Finland [if you use our Return-Sticker] to your shipment. We will not accept returns without the shipment costs paid.
Please address your return notification and the return shipment to the following address:
FittedGood Solutions Oy [osoite] Finland Tel.: +358… E-Mail: service@fittedgood.com
[You may return the goods personally to the above address within our business hours if you have informed us at least 24 hours in advance on your visit.]
F. Notifications of defects/Limitations of liability:
The mandatory legal regulations concerning the defects of goods in accordance with Finnish Consumer Protection Act shall apply. Only defects reported by the customer in writing and with our related form will be processed.
FittedGood shall not be liable for any indirect or consequential damage suffered by the customer. FittedGood’s liability for direct damages is restricted to the total price of the goods customer ordered, apart from the liability imposed by mandatory laws and regulations in Finland. We are entitled to replace or to repair the goods.
The transport services’ provider shall be held liable for the damage occured during the transportation. Please inspect the goods immediately at the delivery and place a complaint to the transport services provider if necessary. Please do not accept deliveries of goods if the packagings are clearly damaged.
We may agree on commercial guarantees, exceeding the mandatory legal guarantee referred to above, on case-by- case basis, in writing.
Customer has the right file a complaint to the Consumer Disputes Board concerning disputes arising out of the sales contract.
G. Payment:
You may pay with credit card or [Paypal]. In case you wish to pay against an invoice, please order on Webshop indicating the payment alternative therein and you will receive a manually produced invoice to your E-mail address. After your payment has been credited to our bank account, we will deliver your ordered goods to the address you indicated in your order.
We review the validity of your credit card, as well as the coverage of order value and the correctness of address information. After your payment has been credited to our bank account, we will deliver your ordered goods to the address you indicated in your order.
You are not entitled to set off any amounts against your receivables from us.
H. Retention of title
The retention of title in favor of us applies in full. The goods remain FittedGood’s sole property and the ownership title will not be transferred before we have received a full payment for the respective goods.
I. Consent for data processing:
You give us your consent by placing your order to use your personal information for the processing of your order, delivery, accounting, collecting activities, customer service, customer support as well as for the optimization of our sales systems and our marketing measures. We are entitled to store your information electrically und to process the information. Our logistics’ and payment systems‘ partner shall have the respective right, depending of the payment and delivery method of your choice. Further data security information may be found under Privacy Policy.
We will not give your personal information to third parties for markering purposes. We only disclose your personal information to service provider which are needed for the carrying out of our obligations arising from your order. However, we assume that you might be interested in receiving relevant marketing information directly from us in electronic or paper format and that you have given us your consent to send you such information. You are entitled to withdraw your consent at any time in writing.
J. Governing law:
These GTC’s and all contracts concluded under them shall be governed by and construed in accordance with the Laws of Finland, excluding its choice of law provisions. Any dispute, controversy or claim arising out of or relating to these GTC’s shall be settled by and the venue of the proceedings shall be District court of Helsinki (Helsingin käräjäoikeus).