These general terms and conditions (the “General Conditions”) apply when you (“Customer” or “you”) place an order from Midgart (“Company”, “us” or “we”) on midgart.tictail.com, (the “Website”).
We sell products to multiple jurisdictions and these General Conditions are set out to be global. Still, depending on the jurisdiction in which you live, mandatory law may also apply. We respect such applicable laws and nothing in these General Conditions shall be seen as a limitation of your mandatory statutory rights, if such laws provide greater rights for you than set out here.
By accepting these General Conditions, you understand and accept that any order, purchase or transaction is made exclusively between the Company and the Customer, and that Tictail AB, Tictail Inc — as a platform provider - is not responsible for any content, interactions or transactions made on midgart.tictail.com.
When you receive an order confirmation from us your purchase order is accepted and a purchase agreement is entered into. We encourage you to save the order confirmation for any future contacts with us. We may deny a purchase order for various reasons, for example if you provide incorrect personal data and/or have a record for non-payment of debt.
You may withdraw your order until it has been confirmed by us. We will then refund any payment that you, or your pay- or credit card company, have made for the order.
We may cancel an order if the products ordered are sold out. We will then refund any amount paid and notify you about equivalent products if such are available.
All products ordered remain our property until we have received full payment for them.
Customer information etc.
You are responsible for that the personal data that you provide us with is correct and complete.
You are responsible for all purchases made with your login details. So make sure that you keep the login details secret and that no unauthorized persons have access to them. Let us know if you suspect that an unauthorized person have obtained access to your login details.
If you are a citizen of the European Union or any other non-U.S. jurisdiction, you acknowledge and agree that, because we are a United States merchant, your personal information must be transferred to the United States in order to fulfill any purchase order you may make. You hereby consent to such transfer and our processing of your information for that purpose.
Prices, fees etc.
The prices indicated on the Website apply to orders placed on the Website. All prices are in the currency stated on the Website and include tax where specified (depending on where you reside tax may however not be applicable to your purchase). If nothing else is stated on the Website the prices do not include payment- or shipping fees and these are given separately. Please note also that local charges (such as currency conversion fees, credit or bank card fees, sales tax, customs duty etc.) may apply depending on where you live and local regulations. Such charges are at your expense and will not be refunded by us.
From time to time we may, for specific products, offer more favorable conditions than those provided for in these General Conditions, for example with regards to extended right of withdrawal or free returns. Such more favorable conditions are valid only for a limited duration of time, until the specific products are sold out, and may be cancelled by us at any time, and if we do so these General Conditions will apply without amendments.
Shipping and delivery
Products in stock are normally delivered within the number of working days shown on the Website. The expected delivery time for an order is set out in the order confirmation. In case of delay in delivery, we will inform you and continue to monitor the order. Depending on delivery method you may be required to pick up the order at a specific delivery point. You are required to do so within the time specified in the notification of delivery. If you do not pick up the delivery in time you may be charged a fee and the order may be sent back to us at your expense. We may also cancel the order if the delivery is not picked up in time.
Returns are not accepted, but if the wrong item was shipped to you or your item arrived damaged, please contact me at heimashh(at)gmail.com and I will try to fix the problem.
Warranty and Complaints
EXCEPT AS EXPRESSLY SET FORTH BY US HEREIN OR OTHERWISE IN WRITING, OUR PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION THAT THE PRODUCTS ARE FREE OF DEFECTS OR MALFUNCTIONS.
Limitation of Liability
WHERE APPLICABLE MANDATORY LAW DOES NOT PROVIDE OTHERWISE, OUR LIABILITY IS LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AMOUNT PAID TO US IN CONNECTION WITH THE APPLICABLE TRANSACTION, AND UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR INDIRECT DAMAGES SUCH AS LOSS OF EARNINGS ETC.
Intellectual Property Rights
The Website and all its content is owned by us or our licensors and protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout and information on products, services and other content may not be copied or used without our prior written consent.
WE RESERVE OURSELVES FOR ANY IMAGE OR TYPOGRAPHICAL ERRORS ON THE WEBSITE, SUCH AS ERRORS IN PRODUCT DESCRIPTIONS, TECHNICAL SPECIFICATIONS, INACCURATE PRICES OR INCORRECT INFORMATION WITH REGARDS TO WHETHER A PRODUCT IS IN STOCK. WE ARE ENTITLED TO RECTIFY ANY OBVIOUS ERRORS AND, AT ANY TIME, TO CHANGE OR UPDATE THE INFORMATION ON THE WEBSITE ACCORDINGLY.
THE IMAGES ON THE WEBSITE ARE FOR ILLUSTRATION PURPOSES ONLY AND DO NOT GUARANTEE TO REPRODUCE THE EXACT NUMBER OF PRODUCTS THAT YOU WOULD RECEIVE AT AN ORDER, NOR THE EXACT APPEARANCE, FUNCTION OR ORIGIN OF THE PRODUCTS.
Changes to the General Conditions
We may change these General Conditions at any time. We will then set forth the changed General Conditions on the Website and they will enter into force once you have accepted them (in connection with a new order through the Website or while browsing the Website).
Governing law and disputes
Any dispute regarding the interpretation or application of these General Conditions shall be governed by and construed in accordance with the laws of the country or state where we reside.