Ecommerce Terms and Conditions
1.1 These Terms of Sale on Husqvarna e-Store (the "Terms") set out the specific terms and conditions applicable to the supply of products, including accessories and spare parts, ("Products") and/or services (“Services”) ordered by consumers ("You", "Your") from Husqvarna Direct AB, company number 559170-2609 with its registered office in Huskvarna, Sweden and with address c/o Husqvarna AB, Drottninggatan 2, 561 82 Huskvarna, Sweden ("Husqvarna", "We", "Us") via the Husqvarna e-Store https://www.husqvarna.com/uk/ (the "e-Store") for delivery in the United Kingdom.
1.2 The e-Store is a site owned by Husqvarna.
1.3 You may only place orders in the e-Store if You act as a consumer, that is as a natural person who enters into a legal transaction for purposes that predominantly are outside Your trade, business or profession.
1.5 Husqvarna reserves the right to amend the Terms at any time by way of Husqvarna posting a new version on the e-Store. The Terms in force at the time You place your order will govern Your purchase of Products and/or Services. Thus, such change will only have effect on future orders of Products and/or Services that You will submit after the amended Terms being notified on the e-Store. Keep a copy of these Terms as Husqvarna will not store the text of the contract concluded with You. You will therefore not have access to the content of the contract.
1.6 By accepting these Terms You confirm that You are at least 18 years of age to form a binding contract with Husqvarna.
2. ORDERING PRODUCTS AND SERVICES
2.1 The Products and Services are ordered and the contract is concluded in accordance with the following process:
(a) The Products and Services including their specifications can be found at the Product and Services page(s) on the e-Store. The presentation of the Products and Services is in principle not a legally binding offer to conclude a contract on the purchase of product and/or the performance of Services, but a non-binding online catalogue.
(b) After selecting the Product and/or Services and adding it to the cart, You will see an overview of the Products and Services of the cart. You will then proceed to the checkout where You can find a summary of the content of Your cart, shipping charges, any applicable discounts, the total price (including VAT). By clicking on the button “Continue to Delivery” You will be asked to provide information relating to You and Your order such as: name, address, e-mail address and phone number. You will also be asked to choose Your preferred delivery option. By clicking on the button “Continue to Payment” You will be asked to choose Your payment method and will be required to accept these Terms before being able to place Your order. You can optionally select the ticking box “I would like to receive newsletters” to opt-in for marketing.
(c) Before placing Your order by clicking on the button "Order with Obligation to Pay", You will be given the opportunity to review your selection, check the total price and correct any errors.
(d) Once You place Your order You will receive an automatic acknowledgement of receipt by email detailing the Products and/or Services You have ordered (“Receipt Confirmation”). However, the Receipt Confirmation is not an acceptance of Your order by Husqvarna.
(e) Whilst Husqvarna endeavours to supply all ordered Products and Services, Husqvarna is free not to accept Your order for any reason, including where Products are out of stock. If a Product in Your order is not in stock at the time of placing Your order (including if the ordered quantity is only partially in stock), but is expected to come back in stock, Husqvarna will contact You as follows:
Husqvarna will decline Your order via email including an amended offer for the Products (i) in the available reduced quantity, or (ii) with an amended delivery date. If the order also includes the provision of Services and We or a subcontractor designated by Us can provide the Services as specified in the e-Store, the offer for the supply of Services remains unchanged. You may accept or reject the amended order by email (email@example.com) within the deadline stated in the amended offer. If You reject or do not timely accept the options under section 2.1(f), Husqvarna will confirm the rejection of the entire order and refund any payment already made within 14 days to your original payment method.
2.2 The contract between You and Husqvarna will be formed at the time You receive an email from Husqvarna confirming that Husqvarna has accepted Your order ("Order Acceptance") or if You accept Husqvarna's amended offer as set out in section 2.1(e). If You choose a payment method that causes an immediate debit of Your bank account (instant bank transfer or debit card), the contract is concluded upon debit of Your bank account or the receipt of the Order Acceptance, whichever comes earlier. The Order Acceptance will include the order number as well as all the contract details, these Terms and, if applicable, the terms of the Commercial Guarantee.
3. DELIVERY OF PRODUCTS AND SUPPLY OF SERVICES
3.1 Depending on which delivery option or options that are available in the checkout process, Husqvarna will arrange for delivery of the Products to You by using the delivery option selected by You in the checkout process. The Products will be delivered within the delivery timeframe indicated in the order process and confirmed in the Order Acceptance. You will receive an e-mail with information regarding the delivery when the order has been shipped. For home delivery, delivery will be carried out by Husqvarna's sub-contractors (e.g. dealers and/or transportation partners) and You may receive information about the delivery of the Products directly from such sub-contractors. For click and collect, Husqvarna will deliver the Products to the dealer store You selected. The dealer will contact You within the delivery timeframe indicated in the order process and confirmed in the Order Acceptance when the Products are ready for collection. If the Products ready for collection are not collected by You within three weeks of notification, Husqvarna or the dealer will send You a reminder with final deadline for collection. If You do not collect within this period, Husqvarna is entitled to rescind the contract, return the Products to the e-Store and refund You within 14 days.
3.2 For orders relating to contracts for the sale of Products which include Services ancillary to the supply of Products (such as installation Services ordered simultaneously with the Products to be installed) as well as for orders relating to the supply of Services only, the following additional terms apply:
(a) The Services will be performed by Us or by any subcontractor designated by Us (including e.g. one of our dealers) with reasonable care and diligence as can be expected from a professional service provider in accordance with and subject to the specifications for the Services and any other requirements, limitations or qualifications in relation to the Services as communicated on our e-Store;
(b) We or our subcontractor will contact You to discuss the estimated date and time for the performance of the Services; and
(c) If you request additional services or products from the subcontractor that are not covered in the contract that We have concluded with you via the e-Store, the contract for such additional services or products will be a contract between You and the subcontractor and We shall not have any responsibility in relation to such contract.
3.3 If You do not accept the delivery of Products or supply of Services or if You are in breach of any other of Your obligations in these Terms, Husqvarna is entitled, without prejudice to its other rights, (i) to reasonably store the Products at Your risk and expense; or (ii) to rescind the contract in accordance with the statutory provisions.
4. PRICES, DELIVERY COSTS AND PAYMENT
4.1 The prices applicable to the ordered Products and Services are specified on the e-Store, as confirmed in the Order Acceptance. All prices on the e-Store are displayed in GBP, inclusive of VAT but exclusive of charges for shipping. These will be added to the price of the Products and Services and itemised in the order process and Order Acceptance.
4.2 Although Husqvarna tries to ensure that all prices on the e-Store are accurate, errors may occur (e.g. for technical reasons, such as network failures, errors in transmission, etc.). If Husqvarna discovers the error in the price of the Products and/or Services You have ordered before it has issued the Order Acceptance, Husqvarna will (i) reject the order and notify You of such rejection or avoidance or (ii) give You the option of confirming Your order at the correct price.
4.3 If the rate of VAT changes between Your order date and the date Husqvarna supplies the Products and / or Services, Husqvarna will adjust the rate of VAT that You pay, unless You have already paid in full before the change in the rate of VAT takes effect.
4.4 Husqvarna reserves the right to change the Products and/or the prices for services at any time and without notice, but such changes will not apply to Products and Services for which a contract has already been concluded.
4.5 Available payment methods are presented for Your selection on the e-Store at the beginning of the order process. Adyen N.V. ("Adyen"), a company registered with the Dutch Chamber of Commerce under number 34259528 and based at Simon Carmiggeltstraat 6-50, 1011 DJ in Amsterdam, the Netherlands, handles the transactions through secure encryption and according to strict banking standards. For more information, please visit https://www.adyen.com/home.
4.6 By submitting an order through the e-Store, You are confirming that the payment details provided on Your order are valid and correct and that You are authorised to use the credit or debit card for the payment.
4.7 Any repayment will be made through the same payment method that You used to pay Your Products with.
5. INSTRUCTIONS ON RIGHT OF CANCELLATION FOR CONSUMERS AND MODEL CANCELLATION FORM
5.1 As a consumer, You have a statutory right of cancellation.:
5.2 Instructions on right of cancellation
Right of cancellation
5.3 You have the right to withdraw from this contract within 14 days without giving any reason.
For orders relating to the sale of Products (including contracts which include Services ancillary to the supply of Products, such as installation Services ordered simultaneously with the Products to be installed), the cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
For orders relating to the supply of Services (including installation Services not ordered simultaneously with the Products to be installed), the cancellation period is 14 days from the day of the conclusion of the contract.
For orders relating to the supply of Services (including installation Services not ordered simultaneously with the Products to be installed), You shall no longer be allowed to exercise the right of cancellation after the Service has been fully performed, if the performance has begun before the expiry of the cancellation period with Your prior express consent, and with the prior acknowledgement that You will lose Your right of cancellation once the contract has been fully performed.
To exercise the right of cancellation, You must inform us Husqvarna Direct AB, c/o Husqvarna AB, Drottninggatan 2, 561 82 Huskvarna, Sweden, e-mail: firstname.lastname@example.org of Your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for You to send Your communication concerning Your exercise of the right of cancellation before the cancellation period has expired.
Effects of cancellation
If You withdraw from this contract, we shall reimburse to You all payments received from You, including the costs of delivery (with the exception of the supplementary costs resulting from Your choice of a type of delivery other than the least expensive type of standard delivery offered by Us), without undue delay and in any event not later than 14 days from the day on which We are informed about Your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as You used for the initial transaction, unless you have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement. We may withhold reimbursement until We have received the goods back or You have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to Us, without undue delay and in any event not later than 14 days from the day on which You communicate Your cancellation from this contract to Us. The deadline is met if You send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
For orders relating to contracts for the sale of Products which include Services ancillary to the supply of Products (such as installation Services ordered simultaneously with the Products to be installed) as well as for orders relating to the supply of Services only (including installation Services not ordered simultaneously with the Products to be installed) in case the cancellation right is not excluded because the conditions for its exclusion are not fulfilled the following applies: If You requested that the performance of the Services shall begin during the cancellation period, You shall reimburse Us a reasonable amount which is in proportion to the Services that have already been provided until the time You inform Us of the exercise of the right of cancellation regarding this contract in comparison with the full coverage of Services provided for in the contract.
5.4 Model Cancellation Form
To exercise the right of cancellation, You may use the following model cancellation form, but this is not obligatory.
Model Cancellation Form
(Complete and return this form only if You wish to withdraw from the contract)
To Husqvarna Direct AB, Drottninggatan 2, 56182 Huskvarna, Sweden, e-mail email@example.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following products (*)/the performance of the following Services
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate
6. INSTALLATION AND USE
6.1 You are responsible for the proper installation (unless you have ordered installation services from Us, in which case Section 3.2 applies) and use of the Products that You have purchased on the e-Store. For proper guidance, always read the instructions on the packaging of the Products and the relevant Husqvarna user/product manual and installation guide.
6.2 Spare parts and accessories that You have purchased on the e-Store must always be installed and used in accordance with the relevant user manual and installation guide for the Product into which You intend to install and use the spare parts/accessories.
7. COMMERCIAL GUARANTEE AND STATUTORY WARRANTY
7.1 Commercial Guarantee
7.1.1 Some Products ordered by You are provided with a commercial guarantee in accordance with specific terms and conditions, which will be provided to You ("Commercial Guarantee"). Please note that the rights under the Commercial Guarantee are granted in addition to the statutory consumer rights, which You may exercise free of charge and which are not limited by the Commercial Guarantee. To return Products that do not fulfil the applicable guarantee please see section 10.2 below.
7.2 Statutory consumer rights
7.2.1 Husqvarna has a legal duty to provide You with products that are as described to You on the Husqvarna website and that meet all the requirements imposed by law (including for goods the right to repair, replacement, refund of the price or termination in certain situations and for services repeat performance or, if this is not done to the required standard, a refund) are not affected by anything in these Terms, and the commercial guarantee set out in section 7.1.1 applies in addition to such rights. If You wish to invoke Your statutory consumer rights, please contact Husqvarna via e-mail: firstname.lastname@example.org, or letter to Husqvarna Direct AB, c/o Husqvarna AB, Drottninggatan 2, 561 82 Huskvarna, Sweden, within reasonable time after You noticed or should have noticed the defect.
7.2.2 Husqvarna reserves the right to make minor technical changes to the ordered Products which do not affect the subjective or objective requirements in the sense of applicable mandatory consumer legislation.
8. HUSQVARNA'S LIABILITY TO YOU
8.1 Husqvarna is responsible for losses You suffer caused by Husqvarna breaking this contract unless the loss:
(a) not obvious that it would happen and nothing You said to Husqvarna before it accepted Your order meant it should have expected it (so, in the law, the loss was unforeseeable);
(b) was caused by a delaying event outside Husqvarna's control (if this happens Husqvarna will contact You and do what it can to reduce the delay);
(c) is something You could have avoided by taking reasonable action; or
(d) relates to Your use of a Product and/or Service for the purposes of your trade, business, craft or profession.
8.2 The limitation of liability in section 8.1 shall not apply to (i) a liability for any breach of duty caused by gross negligence or by wilful misconduct on the part of Husqvarna
(ii) a liability for caused death or personal injury caused by Husqvarna’s negligence, (iii) liability in accordance with applicable mandatory product liability legislation or any other mandatory statutory liability, (iv) a liability for fraudulent concealment of a defect; or (v) liability for a provided guarantee. Additionally, nothing in these Terms shall in any way exclude the statutory rights for consumers (see section 7.2).
9. PROCESSING OF PERSONAL DATA
9.1 Personal data are processed in accordance with Husqvarna's Privacy Notice https://privacyportal.husqvarnagroup.com/int/privacy-notice/.
10. RETURNS; CUSTOMER SUPPORT
10.1 Without prejudice to section 5 and 7, Husqvarna grants You an additional right of return for 30 days from receipt of the Products in accordance with our Return Policy (https://www.husqvarna.com/uk/return-policy/).
10.2 For general questions regarding the use, care or service of the Product, please refer to the user manual or information available on the e-Store. You may also contact Husqvarna's customer support via email email@example.com. To locate dealers, please refer to https://www.husqvarna.com/uk/dealer-locator/.
11.1 Husqvarna may subcontract and/or transfer its claims under these Terms without Your prior written consent, but this will not affect Your rights or Husqvarna's obligations under these Terms.
11.2 Husqvarna may occasionally run campaigns, sales promotions or offer other incentives ("Promotions") in relation to Products and/or Services offered on the e-Store. The validity of and conditions that apply to the Promotions will be set out in additional terms and/or rules as shall be made available to You at that time. Other than as expressly set out in such promotional terms/rules, these Terms will govern the supply of Products and Services ordered pursuant to a Promotion.
11.3 These Terms together with the Order Acceptance, Commercial Guarantee as well as promotional terms/rules and other policies, constitute the entire agreement between You and Husqvarna relating to the supply of the Products and Services and supersedes all prior oral or written communications with respect to the subject matter hereof. If any provision of these Terms is held to be void, invalid or unenforceable, in whole or in part, the validity of the other provisions shall remain unaffected hereby.
12. GOVERNING LAW; DISPUTE RESOLUTION
12.1 These Terms and the parties' contractual relationship are governed by and interpreted in accordance with English law.
12.2 Any dispute, controversy or claim arising out of, or in connection with these Terms shall be settled by the courts of the jurisdiction where You are a resident, without regard to its conflict of law principles.
These Terms were last updated: 04th August 2023