Ecommerce Terms and Conditions
1. INTRODUCTION
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") ordered by companies and/or consumers ("You") from the Husqvarna e-Store (the "e-Store") for delivery in the United Kingdom. Additional product and warranty information (including product specifications) can be found on the e-Store's product page(s).
1.2 The e-Store is a site owned by Husqvarna UK Limited, company number 00974979 with its registered office at Preston Road, Aycliffe Industrial Park, Newton Aycliffe, County Durham, DL5 6UP ("Husqvarna"). The VAT number for Husqvarna UK Limited is GB 870089414.
1.3 You are encouraged to carefully read these Terms before You order Products. By ticking the "I agree" box in the checkout process and submitting the order, You accept and agree to be bound by these Terms. Husqvarna reserves the right to amend the Terms at any time without notice by way of Husqvarna posting a new version on the e-Store. Such change will however have no effect on orders that were submitted prior to the amended Terms being notified on the e-Store. Other terms available on the e-Store, such as the general website Terms and Conditions of Use as well as the Privacy Policy and Cookie Policy are also applicable to Your use of the e-Store. Keep a copy of these Terms as Husqvarna may not archive agreements with You.
1.4 By accepting these Terms You confirm that You are at least 18 years of age or of legal age to form a binding contract with Husqvarna.
2. ORDERING PRODUCTS
2.1 Products are ordered and the contract for the purchase of Products is concluded in accordance with the following process:
(i) After selecting the Products, You place the order by proceeding to the Checkout. You will be guided through the checkout process by a series of instructions on the e-Store. If a selected Product is not in stock, You may request to be notified (via e-mail) once the Product is in stock as described in the checkout process. You agree that Your order is an offer to buy, under these Terms, the Products listed in Your order and there is no binding contract between You and Husqvarna until the order is accepted by Husqvarna. Whilst Husqvarna endeavours to supply all Products listed in Your order, note that Husqvarna is free not to accept Your order for any reason, including where Products are no longer available.
(ii) In placing the order, You will be requested to provide information relating to You and Your order, such as contact details, delivery address and information relating to the selected payment method (e.g. credit card number). You will also be requested to indicate Your preferred retail store for pick-up of the Product(s) (if pick-up is selected as the shipment option) and for returns and warranty repairs.
(iii) You will receive an order acknowledgement and email detailing the Products You have ordered and we will assign You an order number. Please store Your order number and date for future references. This confirms that Husqvarna has received Your request but is not a confirmation or an order acceptance from Husqvarna. It will help Husqvarna if You can tell Husqvarna the order number whenever You contact Husqvarna about Your order.
(iv) Once Your order has been processed and accepted by Husqvarna and Your Product is ready to be shipped, Husqvarna will send You a notice of dispatch by email, text or phone call. Upon receipt of such notice, the conclusion of the contract for the purchase of the Product(s) takes place. Actual dispatch will, however, take place subject to what is set out in section 4.3. If a Product that You have ordered is not in stock (including if the ordered quantity is partially not in stock), Husqvarna will contact You so that You can either cancel the order or, where the Product is expected to come back in stock, maintain Your order.
2.3The images of the Products on the e-Store are for illustrative purposes only. Although Husqvarna have made every effort to display the colours accurately, Husqvarna cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
3. DELIVERY
3.1 Husqvarna will arrange for shipment of the Products to You by using the shipment option selected by You in the checkout process. If You select home delivery, delivery will be carried out by Husqvarna's sub-contractors (e.g. dealers and/or transportation partners) and You acknowledge that You may receive information about the delivery of the Products directly from such sub-contractors. If You select click and collect, Husqvarna will deliver the Products to the retail store You selected. The retail store will contact You when the Products have been inspected and assembled and are ready for collection. Any collection must be made within the working hours of the retail store You have selected.
3.2 Shipping and delivery dates are estimates only and cannot be guaranteed. Products that are marked as "in stock" will generally be delivered within 2-5 working days. If the Products are not available within these estimated delivery times Husqvarna will endeavour to let You know through the contact information You provided (if Products are not available in the ordered quantity, You may decide to receive such lower quantity and cancel the remaining ordered quantity or cancel the order in its entirety).
3.3 The delivery will be completed when Husqvarna delivers the Products to the address You provided, or if You chose click and collect when the Products are delivered to the store. If no one is available at Your address to take delivery, reasonable measures will be used to try and effect delivery. If there are multiple failed attempts to deliver, the Products will be delivered to Your selected dealer and You will be notified when it is ready for collection. You accept to reimburse Husqvarna for any additional shipment/handling costs caused as a consequence of Your failure to take delivery in accordance with the agreed terms for delivery.
3.4 Husqvarna reserves the right to make minor technical changes in ordered Products which do not affect the functionality of the Products.
4. PRICES, DELIVERY COSTS AND PAYMENT
4.1 The prices applicable to the ordered Products are specified on the e-Store, as confirmed in the order confirmation. All prices on the Store are displayed in the local currency of the e-Store, inclusive of VAT (where applicable) but exclusive of charges for shipping and handling (these will be added to Your merchandize and itemized before You agree on these Terms).
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 an error in the price of Products You have ordered, Husqvarna will inform You as soon as possible and give You the option of reconfirming Your order at the correct price or cancelling it.
4.3 Available payment methods are presented for Your selection on the e-Store in the checkout process. Your credit or debit card will be charged and the bank transfer will be effected, respectively, upon acceptance of Your order. The Products will be dispatched once the credit/debit card has been charged or the payment has been received (respectively).
4.4 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.
4.5 A Product will be Your responsibility from the time we deliver the product to the address You gave us or You collect it from us.
4.6 You own a Product which once we have received payment in full.
5. RIGHT OF WITHDRAWAL FOR CONSUMERS
5.1 If You order the Products in Your capacity as a consumer (pursuant to applicable consumer law), You have the right, without giving any reasons, to withdraw Your order at any time up until 30 days from the receipt of the Product. To exercise the right of withdrawal, You must inform us of Your decision to withdraw by making a clear statement in writing. To comply with the time limit it is sufficient to send the withdrawal notice to Husqvarna (e.g. by letter or email) no later than the 30th day. You can download the cancellation form here. Then please return the Product within 14 days and enclose a copy of Your order confirmation document (received via email following Your purchase) with Your signature and return date in the designated "Withdrawal" box. If you are unable to return the Product, Husqvarna will arrange for the product to be collected from you. Please use the contact details provided in section 10.2 to arrange for collection.
5.2 Husqvarna will accept the return of battery products above 100 wH (“Battery Products”) in accordance with these Terms but due to regulatory restrictions Husqvarna is unable to arrange for the return of the Battery Products for You. In these instances You will need to arrange for the return of the Battery Products and Husqvarna will notify You of the closest dealer for You to return the Battery Products to.
5.3 Should any payments have been made, these will promptly be repaid by Husqvarna. Repayment by Husqvarna shall be made at the latest within 14 days from the date of collection by Husqvarna, or if Husqvarna does not collect the Product, Your refund will be made within 14 days from the day on which Husqvarna receive the product back from You or, if earlier, the day on which You provide us with evidence that You have sent the product back to Husqvarna. Husqvarna will, however, not reimburse Your delivery costs for returning the Product.
5.4 Additional information on returns are found in the return guidelines and under FAQs. Wherever possible, the Products should be returned in their original packaging but, if this is not possible, You must make sure that You pack them securely for forward transit.
5.5 If there is a loss in value to any of the returned Products, and this loss is the result of use of the Product other than what is required for inspection of the Product, Husqvarna may make a deduction from any reimbursement or refund made to You.
5.6 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method Husqvarna offer. For example, if Husqvarna offer delivery of a product within 3-5 days at one cost but You choose to have the product delivered within 24 hours at a higher cost, then Husqvarna will only refund what You would have paid for the cheaper delivery option.
6. INSPECTION, INSTALLATION AND USE
6.1 Upon taking delivery of the Product, You are encouraged to inspect the Products as to verify whether there are any damage caused to the Product during shipment or obvious defects in the Product. Any such damages or defects must be notified to Husqvarna without delay on the address or email specified in section 10.2.
6.2 You are responsible for the proper installation and use of the Products that You have purchased on the e-Store. For proper guidance, always read any instructions on the package for the Products and the relevant Husqvarna user/product manual and installation guide.
6.3 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. WARRANTIES AND STATUTORY CONSUMER RIGHTS
7.1 Warranties
7.1.1 We are under a legal duty to supply Products that are in conformity with these Terms. Products ordered by (a) consumers and (b) customers other than consumers, are provided with a 24 months and 12 months manufacturer warranty (respectively) in accordance with the terms and conditions of the warranty card accompanied with the Product, unless Husqvarna has agreed to an extended warranty in writing, e.g. as part of Promotions (see section 11.2).
7.1.2 In case the Product does not fulfil the above mentioned warranty, You are entitled to one of the following remedies (as determined by Husqvarna in its reasonable opinion): (a) a repair without charge provided by authorised service technicians; (b) if a repair is not possible (including if the repair costs would exceed the original purchase price), replacement of the Product with a Product of equivalent specification; or (c) if repair or replacement is not available, a refund of the purchase price, including the delivery costs.
7.1.3 To return Products that do not fulfil the applicable warranty, please see section 10.1.
7.1.4 Notwithstanding the above, Husqvarna shall have no liability for non-fulfilment of the warranty where such non-fulfilment is a result of:
(i) deliberate damage to or neglect of the Product;
(ii) consumables and normal wear and tear, including but not limited to, batteries, lights, chains;
(iii) failure to follow user/product manual, installations guide and other instructions relating to the use, installation and care of the Product; or
(v) in respect of a consumer warranty, the use of the Product for commercial or non-domestic purposes.
7.1.5 In relation to non-consumer customers only and except for the above and to the extent permitted by applicable law, Husqvarna disclaims all warranties whether express or implied, including but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and reliability or availability.
7.2 Statutory rights for consumers
7.2.1 As a consumer, You have statutory rights in relation to Products that are not in conformity with the product specifications, including these Terms. These statutory rights (including the right to repair, replacement or refund of the price in certain situations) are not affected by anything in these Terms, and the warranty set out in section 7.1 applies in addition to such rights. If You wish to invoke Your statutory consumer rights, please contact our customer support (see section 10.2 below).
8. LIMITATION OF LIABILITY; FORCE MAJEURE
8.1 You will use the Product in accordance with Husqvarna’s or the manufacturer’s instructions. Husqvarna assumes no liability for claims caused by (a) non-intended use or handling of the Product, (b) use and installation in combination with appliances/products for which the Product was not intended, or (c) improper installation. Please note that use, installation or care which is not carried out in the required manner may cause personal injury and product damages.
8.2 The limitation of liability in section 8.1 shall not apply in case of fraud, gross negligence or wilful misconduct on the part of Husqvarna and Husqvarna does not in any way limit its liability for death or personal injury caused by negligence. Additionally, nothing in these Terms shall in any way exclude the statutory rights for consumers (see section 7.2).
8.3 Husqvarna will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms relating to events outside its reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism, industrial disputes (whether or not involving its employees), pandemics or epidemics, or acts of local or central government or of any other competent authorities, as well as other force majeure events pursuant to applicable law.
8.4 If You are a consumer customer, we are responsible to You for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage You suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and You knew it might happen, for example, if you discussed it with us during the sales process.
8.5 We do not exclude or limit in any way our liability to You where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation. For our consumer customers, we do not exclude or limit in any way our liability to You for breach of your legal rights in relation to the Products including the right to receive products which are: as described and match information we provided to You and any sample or model seen or examined by You; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.
8.6 We are not liable for business losses. We only supply the products for domestic and private use. If Yu use the Products for any commercial, business or re-sale purpose we will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
9. PROCESSING OF PERSONAL DAT
9.1 Personal data are processed in accordance with our Privacy Notice.
10. RETURNS; CUSTOMER SUPPORT
10.1 Without prejudice to section 5 (as applicable), in case You wish to return a Product to Husqvarna for repair, replacement or refund (as provided for elsewhere in these Terms), please contact the dealer You have selected in the checkout process or Husqvarna and follow the procedure as indicated under returns guidelines.
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, via email or phone (0844 243 5263). To locate dealers, please refer to dealer locator. Visiting address to Husqvarna is Preston Road, Aycliffe Industrial Park, Newton Aycliffe, County Durham, DL5 6UP.
11. MISCELLANEOUS
11.1 Husqvarna may subcontract and/or transfer its rights and obligations under these Terms without Your prior written notice (in case of transfer of Your rights, Husqvarna will notify You in writing thereof), 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 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 ordered pursuant to a Promotion.
11.3 These Terms together with the order acceptance, warranty cards as well as promotional terms/rules and other policies, terms and conditions of Husqvarna (as applicable) referenced herein, is the entire agreement between You and Husqvarna relating to the supply of the Products 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 or illegal, the other provisions shall continue in full force and effect.
12. GOVERNING LAW; DISPUTE RESOLUTION
12.1 These Terms are governed by English law (without regard to its conflict of law principles). These Terms are not governed by the United Nations Convention on the International Sale of Goods, the application of which is expressly excluded.
12.2 Notwithstanding section 12.1, if You are a consumer, these Terms are governed by the laws of the jurisdiction where You are a resident, without regard to its conflict of law principles.
12.3 Any dispute, controversy or claim arising out of or in connection with these Terms, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English. Any arbitral proceedings conducted hereunder, including all information disclosed as well as any decision or award that is made or declared during the proceedings, will be kept strictly confidential.
12.4 Notwithstanding section 12.3, if You are a consumer, any dispute, controversy or claim arising out of, or in connection with these Terms shall settled by the courts of the jurisdiction where You are a resident. Alternative options for dispute resolution are provided in the following document. The European Commission provides a website for online dispute resolution, dedicated to helping consumers and traders resolve their disputes out-of-court, available at resolve disputes.
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These Terms were last updated: 02 September 2022