TERMS OF SERVICE
General sales and delivery conditions
Concria Oy B2B webshop
1. Exclusive Application
The following General Sales and Delivery Conditions shall apply to all contracts concerning the sale and delivery of goods from the Concria Webshop under the domain www.concria.com between Concria Oy, Vehmaantie 12, FI-33470 Ylojarvi, Finland (hereinafter referred to as “Concria”) and its business customers (hereinafter referred to as “customers“). No deviations, in particular purchasing conditions, shall be effective unless expressly accepted in writing by Concria (fax, E-mail, letter).
2. Offers and Acceptance
The selection of goods displayed in the Concria Webshop does not constitute an offer from Concria in the legal sense, but only a non-binding invitation to transmit to Concria offers to conclude a purchase contract with respect to the goods displayed.
Following the order placement, the customer will receive an automatic order confirmation by e-mail which includes the order number, the list of goods ordered and the confirmation of receipt of the order at Concria. This automatic order confirmation does not constitute acceptance of the offer but only confirms to the customer that his order has been received by Concria.
Concria has, in its sole discretion, the right to decide whether it will accept the customer’s offer to purchase the ordered goods or not. Any acceptance is usually notified within 14 days of receipt of the order via e-mail in the form of a delivery confirmation. The contract is only concluded through the declaration of acceptance of Concria issued in the form of the delivery confirmation and is limited exclusively to the goods which are listed in such confirmation. No contract shall be concluded with respect to any goods for which a delivery confirmation has not been issued. This applies irrespective of whether funds have been charged from the customer’s account or not. In the event that funds have been charged from the account whilst the purchase offer has not or not fully been accepted by Concria, then the customer will be refunded with respect to any such amounts.
3. Type and Scope of Delivery
The order confirmations of Concria are exclusively controlling the type and scope of the delivery. Terms of delivery and delivery dates are not binding. In the event of delays in delivery exceeding 60 days, the customer is entitled to accept a new delivery date or withdraw from the contract.
Concria is not obliged to keep the entire range of goods in the Webshop permanently available. If the goods displayed on the Webshop are temporarily or permanently unavailable or temporarily or permanently not deliverable due to force majeure or due to other reasons for which Concria does not bear responsibility, then Concria always reserves the right to cancel the accepted order with respect to the goods thus affected, or to withdraw from the contract. The customer will be informed immediately about any such step. Any payments already effected will be refunded within 14 days from cancellation of the orders, contract withdrawal, or dissolution of the purchase contract. The refund will be made in the same form of payment used in the original transaction. Any further claims, in particular claims for damages, are excluded.
The risk of accidental loss or deterioration of the goods sold is transferred to the customer with the handover of the goods to the customer or to the recipient designated by the customer.
4. Transfer of Risk
The risk shall transfer to the Customer upon delivery of the goods to the first freight forwarder or carrier. In the event no written instructions to the contrary were given by the Customer, Concria may (but need not) on behalf of the Customer insure the shipment of goods against theft, breakage, transport and water damage as well as other insurable risks.
5. Shipping and Packing
Unless we have mentioned ‘free shipping’ all shipments travel at the cost of the Customer. Concria shall organize the shipping and packing to the best of its knowledge, however shall not be responsible to use the cheapest shipping. The Customer is obligated to inform Concria regarding any required labels for its country and region.
6. Quantity and Price
For calculation of the quantity, only quantities, weight or unit amounts determined at departure are relevant. The prices are in EURO or US DOLLAR ex works, without customs and value added tax included unless stated otherwise by Concria.
All payments are due before shipping and are to be paid by credit card, Stripe or Paypal without discount. Concria is not obligated to accept promissory notes or bills as payment. These may only be accepted based on a prior agreement. Discounts or other charges for bills/notes are to be charged to the customer. Checks and promissory notes are considered to be paid only after their redemption. Concria reserves the right to request advance payments or security or to withdraw from the contract if circumstances occur or become known which appear to jeopardize the claims of Concria, including but not limited to the circumstance that the credit insurance rejects the coverage of the business underlying this contract partially or completely.
8. Assignment / Set-off
The Customer may not assign any claims against Concria. The setting off of counterclaims is not permissible.
9. Default of Payment
Without prior notice any late payment is subject to interest at the rate of 10% per annum over the base rate, which at the first of each calendar half-year is published from the due date onwards. For each justified reminder by Concria the effective costs but at least EUR 40 are to be replaced by the debtor of Concria.
10. Retention of Title
The goods remain as property of Concria until the Customer has paid the full purchase price due.
11. Inspection and Acceptance by the Customer, Consequences in case of defects
Immediately after receipt and before use or further processing of the goods, the Customer must inspect the goods and to give notice of any defects in writing. The period to object expires 5 business days after receipt of the goods. Acceptance shall be considered completed upon the expiry of this period. Later complaints are irrelevant (for warranty claims or claims for damages and avoidance on account of mistake or ceasing to exist of the basis of the transaction).
No rights of return or cancellation whatsoever is granted to the customer.
In the event of defects in the goods, Concria has the right at its discretion either to exchange or improve them or to take them back upon repayment of the purchase price. Concria or a third party designated by Concria must have the possibility to inspect the defects. Proven missing goods shall when possible be subsequently delivered; otherwise a credit will be given.
12. Advice and Limitation of Liability
Advice by Concria is given to the best of its knowledge and is however not binding and does not release the customer from itself inspecting the products and procedures for their suitability for its purposes.
Concria is only liable for willful intent and gross negligence and the customer’s claim for damages is limited to the price of the goods ordered.
In all cases when Concria is responsible for a delay in delivery, liability is limited to the invoice value of the delivery. In particular, there shall be no liability for direct or indirect damages, for lost profits of the Customer or of third parties as well as for consequential damages in as much as allowed by law. Liability for auxiliary persons shall be precluded in all events.
In the event that Concria should not insist in requesting from the customer fulfilment of the contractual obligations or should fail to exercise the rights available to it, then any such behaviour shall not constitute a general waiver. The customer shall remain bound to fulfil the contractual obligations unless Concria notifies the customer an express waiver in writing.
14. Place of Performance / Governing Law / Arbitration
Place of performance for delivery of the goods and for payment is Ylöjärvi, Finland.
This contract is subject to the law of Finland under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
Any dispute, controversy or claim arising out of, or in relation to, this contract, including the validity, invalidity, breach, or termination thereof, its amendment or resolution and all related claims due to enrichment or tort fall under the jurisdiction of the ordinary courts in Basel/Switzerland.