Terms and conditions

TERMS AND CONDITIONS OF ONLINE STORE

 

Positive Learning Oy

Lapinlahdenkatu 16, Maria01

00180 Helsinki

Finland

hello@positive.fi

www.positive.fi

 

These terms and conditions of Online Store (“Terms”) apply to you as the user of the website, online store and products of Positive Learning Oy (“Positive”, “we”, “us” or “our”) when you use our websites, purchase our products at positive.fi website (“Online Store”) or use our products. By purchasing products or conducting any transactions at the Online Store, you agree that you have read, understand, and agree to be bound to these Terms. If you do not agree to these Terms, please do not purchase any products at the Online Store.

In addition to these Terms, the terms and conditions for our online services and privacy policy are applicable to purchases of products at the Online Store.

These Terms may be updated at our sole discretion from time to time without any prior notification, therefore please review these Terms periodically for any applicable changes. If we make material or significant changes to these Terms, we may post a notice on our website along with the updated Terms. Your conduct of transactions at the Online Store will constitute your acceptance of the then-current Terms.

  1. Purchase of Products

When you wish to place an order at our Online Store, you understand, acknowledge, and agree to the following:

  • You are not under the age of eighteen (18) years old or otherwise incompetent under your local applicable laws to complete any transactions at the Online Store and use our services provided therein, or alternatively undertake to provide your legal guardian’s prior approval for any such transaction.
  • You undertake to provide us with necessary personal data as requested by the Online Store for the processing and completing your order. You will be solely responsible for the content of the information provided to us, including its truthfulness and accuracy. We will obtain, use, maintain and secure your personal data in a manner consistent with our privacy policy.
  1. Placing your Orders

All orders are one-time orders and placed at our Online Store. The products are ordered by adding them to the shopping cart in the Online Store and paying for them in the checkout. You are responsible for confirming the contents of your shopping cart before submitting the final order to us. We may choose to cancel or not to accept your order for any reason (including price errors). After we accept your order in the Online Store, you will receive an automatic confirmation of your order to the email address notified in your order.

Even if we aim to ensure that the Online Store includes accurate information of the products, we cannot guarantee the correctness of information included therein or the availability of the products. In the event the delivery of such product is materially delayed, or the product cannot be delivered at all or you do not wish to replace the products, we will reimburse you the sum of your paid order.

  1. Delivery

We deliver mainly to Finland. If you live outside of Finland, please contact our customer service prior to executing any order and we will do our best delivering you our products.

The order is delivered according to the delivery method selected by you at the checkout. Once the products have been packaged by us and ready to be shipped, you will receive a delivery confirmation and a shipment tracking code in your e-mail address. We aim to use a single shipment however, we reserve the right to use several shipments if necessary.

If you do not collect the delivered product within a set period of time from the delivery location and inform us of your intention to exercise your right of cancellation, we are entitled to charge you a fee equal to our delivery costs, return costs and other possible costs incurred in relation to the delivery.

Please note that the delivery methods and delivery costs may vary based on the destination.

  1. Pricing

The prices presented at the Online Store are retail prices valid until further notice or for a separately mentioned period of time (e.g. campaign prices or discounts). The prices are inclusive of Finnish value added tax.

The prices do not include shipping costs or other possible costs for processing your order, which are presented in the Online Store’s checkout prior to your approval of the order.

We reserve the right to change or update the prices and costs, however, such changed or updated prices do not apply retrospectively to your already confirmed orders.

  1. Payment

When ordering to Finland you can pay with payment methods specified in the Online Store. Payment method is selected during the order process.

When ordering outside Finland, please contact our customer service.

If you have a discount code entitling you to product or delivery discounts, you can use such code only once in connection with the payment.

  1. Defects

When you receive the delivery, you are responsible for checking without undue delay that the delivery contains the products you ordered and that the products are free of defects.

If you notice a defect in any of your ordered products, you must immediately inform our customer service of the defect. You must also keep such product until your complaint has been handled or return such product to us at our request.

  1. Return policy

You are entitled to cancel your order made in the Online Store no later than within fourteen (14) days as of receiving the delivery or a part thereof.

If you wish to cancel your order, you must acknowledge that the product needs to be unwrapped and in its original package without the product or the package containing any signs of use. Contact the Customer service (store@positive.fi) to receive details for returning the product(s).

Customer is obligated to pay for the delivery costs for the return of cancelled orders. We reimburse the value of the returned products to your account no later than within 14 days time as of the arrival of the cancellation notice, provided that we are entitled to withhold the reimbursement until the delivery of returned products or until you have evidenced that you have returned the product. Refund of the purchase price will be made based on the original payment method (i.e. to your credit or debit card).

  1. Intellectual Property Rights

All content on the Online Store and our other websites, such as information, text, pictures, photographs, graphics, interfaces, and the design, structure and arrangement of the content, belongs to us or is licensed to us and is protected by law. You may not copy or reproduce any such content without our prior written permission.

All intellectual property rights in our products belong to us and/or our licensors.

  1. Personal Information

When you use the Online Store, we may collect and use information that relates to you. The collection and use of personal information that relates to you is explained in our Privacy Policy, available at [store.positive.fi]. By using the Online Store, you agree to the collection and use of your personal information as explained in that policy.

  1. LIMITATION OF LIABILITY

The information, content, services, and features of the Online Store are provided on an "as is" basis. We do not represent that the Online Store or any content, service or feature of it will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. We do not give any warranty, express or implied, in relation to the operation of the Online Store.

We are not responsible for the acts or omissions of any third parties in connection with the use of the Online Store. We are not liable for any damages, liability or harm caused by any failure of performance, error, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of Online Store.

We are not liable for any delay, interruption or failure in the delivery of products if caused by any event beyond our control, including, but not limited to declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar circumstances that may prevent or delay service provision.

We cannot ensure that any files or other data that you download from the Online Store will be free of viruses or contamination or destructive features.

We are not liable for any indirect damages.

These Terms do not affect your statutory rights, including your rights under any applicable consumer laws that cannot be altered by contract.

  1. Contact information

If you have any questions or concerns related to your order or otherwise, please contact our customer service:

  • By e-mail: store@positive.fi
  • By mail: Positive Learning ℅ Maria01, Lapinlahdenkatu 16, 00180 HELSINKI.
  1. Applicable law and dispute resolution

These Terms are governed by Finnish law, excluding its choice of law rules.

Any conflicts will be primarily resolved through negotiation. If resolution by negotiation is unsuccessful, any conflicts shall be resolved by the District Court of Helsinki.

If you are a consumer, you may report the dispute to a consumer dispute body in the country of your residence, in accordance with local regulations and practices. In case the dispute is related to online sales of goods or services, the European Commission provides an Online Dispute Resolution platform that is aimed primarily for consumers who live in another EU country than the domicile of the service provider. Consumers also have the right to bring a case before the district court which has jurisdiction over their place of residence.

 

Date of compilation 24.4.2020