Hardware Terms of Sale
currently Hardware Terms of Sale
Effective Date: March, 2023
Hardware Terms of Sale
These Terms of Sale (the “Terms”) are provided by Stopgap AB, a Swedish company (company no. 559387-9264). We develop products and services under the “currently” brand. The purpose of our products and services is to give you a better way to understand and manage your electricity consumption.
Unless otherwise stated, the Terms shall apply to all sales of equipment or materials, including but not limited to electricity meters or monitors (all such items the “Hardware”) conducted via the “currently” website available on https://currently.one (the “Website”), related social media accounts, mobile applications and services (collectively, the “Services”), or in any other online or offline forum where we offer Hardware for sale.
By ordering Hardware via the Services, you are indicating your acceptance to be bound by the Terms. All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.
Acceptance of your order and the formation of a contract between us will take place when we send you an email confirming that the Hardware you have ordered is being shipped to you, unless we have notified you that we do not accept your order or you have already cancelled it.
Prices and Payment
The prices of Hardware advertised for sale are set out via the Services. All prices exclude delivery charges. Prices may change at any time prior to (but not after) acceptance of your order.
We cannot accept your order until you have paid for it in full. Payment can be made by the online payment solutions and credit cards designated in the Services.
In the unlikely event that the price of a Hardware item has been incorrectly advertised via the Services due to an error, we may cancel the order. We will not be obliged to supply Hardware at an incorrect price, even if we have already confirmed your order.
Discounts, coupons, promotions or rebates may not be combined with any other discounts, coupons, promotions or rebates.
Any delivery date stated via the Services or in any document or email is approximate only and shall not constitute any guarantee of delivery on any particular date.
Title and risk of loss shall pass to you upon delivery of the Hardware by us to the applicable carrier, unless as otherwise agreed upon in writing by us.
Upon delivery, you must inspect and accept or reject Hardware items immediately. In the event the Hardware is defective or do not comply with your order, you must promptly notify us and give us a reasonable opportunity to correct any issues.
Delivery charges will be added to the total amount due once you have selected a delivery service from the available options.
We will deliver to the address specified in your order. You cannot change your shipment address after your order is placed.
Hardware items are warranted to be free from defects in materials or workmanship for one year from the date of purchase. Within this period, we will, at our sole option, repair or replace any components that fail in normal use. Such repairs or replacement will be made at no charge to the customer for parts or labor, provided that the customer as far as permissible under applicable laws shall be responsible for any transportation cost. This warranty does not apply to: (i) cosmetic damage, such as scratches, nicks and dents; (ii) consumable parts, such as batteries, unless Hardware damage has occurred due to a defect in materials or workmanship; (iii) damage caused by accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes; (iv) damage caused by service performed by anyone who is not our authorized service provider; (v) damage to a Hardware item that has been modified or altered without our written permission.
Return Right in Certain Cases
If and to the extent the laws of your country of residence mandate a right for consumers to return products and receive a refund in certain circumstances consistent with your purchase of the Hardware, such as when products are purchased online, then such rights shall apply to your purchase hereunder. Unless otherwise mandated under said laws, you shall stand the cost of such return shipment. For the avoidance of doubt, the 14-day return right applicable to consumer distance purchases under Swedish law (lagen om distansavtal och avtal utanför affärslokaler (SFS 2005:59)) shall apply to purchases of Hardware by Swedish consumers.
OUR TOTAL LIABILITY ON ANY CLAIM FOR LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH,OR RESULTING FROM ANY ORDER PLACED BY YOU, OR FROM OUR PERFORMANCE OR BREACH OF THESE TERMS, OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR OR USE OF ANY HARDWARE SOLD TO YOU SHALL IN NO CASE EXCEED THE PRICE ALLOCABLE TO THE HARDWARE ITEM THAT GIVES RISE TO THE CLAIM. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING CLAIMS FOR LOST PROFITS OR SALES.
Nothing in this section or elsewhere in our Terms and Conditions affects your statutory legal rights.
You acknowledge and agree that the Hardware and the Services, as well as any related software, contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by us or applicable third party service providers, you agree not to create, modify, sell, or otherwise distribute separate derivative works based on the Hardware, the Services, or any related software.
We grant you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and license to access and use the Hardware to access the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Hardware or the Services, except where permitted by law. You agree not to access the Services by any means other than through the Hardware or any other interface designated by us.
Choice of Law and Forum
Any legal action related to your purchase of Hardware shall be governed by, and construed and interpreted in accordance with, the laws of Sweden without regard to its conflict of laws principles. Any conflict, dispute, or disagreement arising out of your purchase of Hardware shall be referred to the courts of Sweden. The parties agree that any claim or cause of action arising out of or related to such purchase of Hardware must be filed as soon as reasonably possible after the information giving rise to such claim or cause of action came to light and in any event within one (1) year thereafter, or be forever barred.
Despite this, your local laws in your European Union Member State may allow you to take legal action against us in your Member State and to invoke certain local laws against us.
Support and Questions
We will respond to any questions regarding these Terms via the Website.
© 2023 Stopgap AB