TERMS AND CONDITIONS OF USE


(Last modified: 19.12.2022)


PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING ELESA.COM ("WEBSITE"). THESE TERMS AND CONDITIONS OF USE AND THE REFERENCED PRIVACY POLICY CONSTITUTE THE "AGREEMENT" BETWEEN YOU ("YOU", "USER" OR "REGISTERED USER") AND ELESA SCANDINAVIA AB ("THE COMPANY" OR "ELESA"). BY ACCESSING OR USING THE WEBSITE, YOU SIGNIFY THAT YOU HAVE READ THE AGREEMENT AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.


DISPUTE NOTICE: THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES REFERENCED IN THE ARBITRATION CLAUSE, YOU AGREE THAT DISPUTES WITH ELESA WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. You should review this Agreement each time You access the Website. Elesa reserves the right to modify this Agreement at any time. By continuing to access the Website, You acknowledge that You will be bound by the latest version of the Agreement valid at Your access to the Website. If You do not agree with this Agreement, do not use the Website.


1. REGISTRATION AND PRIVACY


1.1 To create an account and use the Website, You must be at least 18 years old. By using the Website, You are forming a binding contract with Elesa and must have the ability to read, understand and accept this Agreement, Elesa’s Privacy Policy and Terms and Conditions of Online Sales.


1.2 In order to access to certain services of the Website, the User may be required to register (creating a “MyElesa” account). Creation of a MyElesa account and use of other features of the Website, will require personal data of Users. For a detailed description of Elesa’s information gathering and dissemination practices, Elesa encourage You to read Elesa’s Privacy Policy closely as You need to accept Elesa’s Privacy Policy in order to be able to use the Website. Elesa can then collect, use and share Your information consistent with Elesa’s Privacy Policy and give You a better User experience.


1.3. Following the registration of the required data in the above form, the User will receive a verification e mail and, by clicking on the link contained in it, can complete the registration process and access the summary of the MyElesa account (hereinafter, "Registered User").


1.4 Authentication for the Website is done online using a username and password chosen by the Registered User. The Registered User can modify the password or create/request a new one in the case of loss, following the procedures indicated in the login section of the Website.


1.5 The Registered User can at any time request the cancellation/deactivation of their MyElesa account, it being understood that this will result in the impossibility of accessing the services of the Website that are available after registration.


2. PURCHASE OF PRODUCTS OR GOODS


If the User purchases products from the Website, Elesa’s Terms and Conditions For Online Sales which is incorporated herein by reference, will apply to the sales.


3. AVAILABILITY OF THE WEBSITE


3.1 The Company does not guarantee that the Website, or any content on it, will always be available or be uninterrupted. The Company shall not be liable for the malfunctioning of the Website, delays, suspension and/or interruption in the provision of services of the Website caused by but not limited to: congestion, delays and/or overload of the systems or the processors that manage traffic; tampering or unlawful intervention by third parties with the services or equipment used by the Website or with the connection equipment within to the User’s availability; force majeure or unforeseeable events, as an example but not limited to the same, fire, explosions, earthquakes, pandemics, volcanic eruptions, landslides, cyclones, storms, floods, hurricanes, avalanches, war, popular uprisings, riots, strikes and any other unforeseeable and exceptional cause that prevents the service from being provided. In such exceptional cases, the Company will make every effort so that the above services are restored as quickly as possible.


3.2 Without prejudice to what is set forth above, the Company also reserves the right to modify, suspend or discontinue access to the services of the Website, impose limits on specific characteristics and/or features, restrict access to all or part of it, without advance notice or liability, at any time and at its exclusive discretion. Access to the Website can be suspended or discontinued for maintenance purposes, at the Company’s sole discretion, which will strive to restore access and the use of the above services in the shortest time possible to reduce to the minimum the risk of inconveniences of any kind, without this resulting in any liability on its behalf.


3.3 If the User experiences any problems using the services, he can contact the Company at the address info@elesa.se. The Company will strive to respond as soon as possible; however it cannot guarantee a response within a predetermined time.


4. ACCOUNT SECURITY AND WARRANTIES OF THE REGISTERED USER

4.1 User is responsible for ensuring that all persons who access the Website through its internet connection are aware of these Terms and Conditions and other applicable terms, and that they comply with them.


4.2 The User warrants that the data provided during the registration phase are correct and accurate, and the Registered User shall notify the Company of any changes to the information provided at registration. The Registered User acknowledges that the failure to provide accurate and correct registration data will prevent recovery of the password or the cancellation of the account.


4.3 In order to ensure the security of Your MyElesa account, the Registered User undertakes:


  • to use the services provided by the Website in conformity with applicable law, respecting the rights of the Company, and complying with these Terms and Conditions and any technical instructions that the Company may provide;
  • not to create more than one MyElesa personal account or a second account without authorization from the Company, even if the original account is disabled;
  • to ensure that the services are used only by parties authorized by, undertaking all responsibility in such regard;
  • to keep and use any credentials that may be assigned for access to the Website with the utmost confidentiality and diligence, not disclosing, directly or indirectly, the password and/or login, thereby preventing them from being used improperly or wrongfully and, in any case, remaining responsible for their use, acknowledging that knowledge by third parties of such authentication credentials might allow the latter wrongful use of the Registered User’s account, who undertakes all related responsibility;
  • to promptly notify the Company of any unauthorized use of the password/s and/or login to the Website and any other improper or wrongful use of which they may become aware, for example but not limited to the same, in the case of theft, loss or being misplaced;
  • not to engage in any action that could compromise the security of the systems and/or equipment to which they have access through the Website;
  • not to use the MyElesa account to obtain commercial profits;
  • not to decipher, disassemble, decompile, decode or otherwise attempt to extract secret and/or confidential codes, algorithms or ideas of any part of the Website, modify, translate or create derivative works from any part of it;
  • to ensure that their contact information is always correct and up to date.

4.4 User acknowledges and agrees that the Website may allow connection to other Internet sites or resources and that other sites and resources might contain links to the Website. Such websites and/or the products and services associated with them are not under the control of the Company and the User acknowledges that the Company is not responsible for the content, accuracy, features, opportunity, legality or any other aspect of such sites or resources.


4.5 The insertion of any link on the Website does not imply any relationship of association, profit sharing, collaboration, or partnership with their operators, nor any type of recognition by the Company.


5. SUSPENSION AND CANCELLATION OF THE MYELESA ACCOUNT


5.1 Without prejudice to its right to the compensation of damages, the Company can refuse, block, suspend and/or cancel the account of a Registered User, at any time, at its discretion and with immediate effect, even without advance notice, for any reason, including but not limited to:


  • irregularities in the registration, including after reporting;
  • breach of even one of the obligations set forth in these Terms and Conditions;
  • improper or prohibited use of the Website in accordance with these Terms and Conditions;
  • order of a competent judicial or governmental authority.

5.2 No failure or delay by the Company to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.


6. INTELLECTUAL PROPERTY RIGHTS


6.1 The Website and all of its contents, including, but not limited to, product designs (including any and all collateral material relating thereto) and brand, product and collection names, are protected by patent, copyright laws and/or trademarks or other laws. Elesa owns all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with Elesa. You may not use Elesa’s copyrights, trademarks, domains, logos, trade dress, patents, and other intellectual property rights unless You have Elesa’s express permission.


6.2 No part of the Website or its contents may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the written permission of Elesa or as otherwise identified herein.


6.3 Without prejudice to what is set forth above, the Company grants the User a non-exclusive, non-transferable license to reproduce and download the technical drawings of the products that the Company makes available on the Website for the sole purposes of the User’s internal, non-commercial use functional to using the products, and is prohibited from redrawing them and/or making any disclosure, using any means, and/or from any commercial form of exploitation and/or use. User must not modify copies of any technical drawings in any way and must not use any illustrations or any graphics separately from any accompanying text. The Company’s status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.


6.4 User must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from the Company. If User prints, copies or downloads any part of the Website in breach of these Terms and Conditions, User’s right to use the Website will cease immediately and You must, at Elesa’s option, return or destroy any copies of the materials You have made.


7. THE COMPANY IS NOT RESPONSIBLE FOR VIRUSES


7.1 The Company does not guarantee that the Website will be secure or free from bugs or viruses.


7.2 User is responsible for configuring its information technology, computer programmes and platform to access the Website. User shall use its own virus protection software.


7.3 User must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. User must not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. User must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. The Company will report any such breach to the relevant law enforcement authorities and will co operate with those authorities by disclosing the User’s identity to them. In the event of such a breach, the User’s right to use the Website will cease immediately.


8. RULES ABOUT LINKING TO THE WEBSITE


8.1 User must not link to this Website, without obtaining the prior written consent of the Company. If permission is granted by the Company, User must not:


  • establish a link in such a way as to suggest any form of association, approval or endorsement; or
  • establish a link to the Website in any website that is not owned by User.

8.2 The Company reserves the right to withdraw linking permission without notice.


9. DISCLAIMER OF WARRANTIES


YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. ELESA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE WEBSITE, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. ELESA MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE WEBSITE IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, TIMELY, OPERATIONAL, ERROR FREE, SECURE, SAFE, OR THAT THE WEBSITE WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS.


10. LIMITATION OF LIABILITY


TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL ELESA (INCLUDING ANY OF ITS PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES, EMPLOYEES, CONTRACTORS, SUCCESSORS, OR ASSIGNEES AND THIRD-PARTY SERVICE PROVIDERS) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, HEIRS OR ASSIGNEES) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, NEGLIGENCE, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE OR FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.


DESPITE THE FOREGOING LIMITATION OF LIABILITY FOR DAMAGES, IF A TRIBUNAL OF COMPETENT JURISDICTION DECIDES TO AWARD MONETARY DAMAGES TO YOU FOR ANY CLAIM OR CAUSE OF ACTION ARISING FROM THE SAME, THE AMOUNT OF MONETARY DAMAGES FOR SUCH CLAIM OR CAUSE OF ACTION SHALL BE LIMITED TO A MAXIMUM AMOUNT OF SEK 1 000 IF YOU ARE NOT ENTITLED TO UNLIMITED DAMAGES IN ACCORDANCE WITH LAW.


NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF ELESA WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.


11. INDEMNIFICATION


You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Elesa, including its partners, affiliates, officers, directors, agents, subsidiaries, joint ventures, employees, contractors, successors, or assignees and third-party service providers from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) Your access to or use of the Website; (b) Your breach of this Agreement; or (c) any misrepresentation made by You. You will cooperate as fully as required by Elesa in the defense or settlement of any claim. Elesa will provide You with timely notice of any such claim, suit or proceeding.


12. ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER


This Terms and Conditions shall be governed by the laws of Sweden.


All disputes arising out of, related, or connected to this Terms and Conditions shall be settled by arbitration under the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (“Rules”), by a sole arbitrator appointed in accordance with the Rules, which are deemed to be incorporated by reference into this clause. The language to be used in the arbitral proceedings shall be Swedish. The seat of arbitration shall be Stockholm, Sweden.


13. AVAILABILITY AND TERMINATION OF ELESA


The Website may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. Elesa may discontinue some or all of Elesa’s services at any time and events beyond Elesa’s control may affect Elesa’s services.


Elesa may modify, suspend, or terminate Your access to or use of the Website anytime for any reason, such as if You violate Elesa’s Agreement or create harm, risk, or possible legal exposure for Elesa, Elesa’s Users, or others.


14. GENERAL


Modifications


At any time and at Elesa’s sole discretion, Elesa may add, delete, or modify this Agreement or the Website. Elesa will provide You notice of amendments to this Agreement, as appropriate by amending the “Last Modified” date at the top of this Agreement. Your continued use of Elesa confirms Your acceptance of Elesa’s Agreement, as amended. If You do not agree to Elesa’s Agreement, as amended, You must stop using the Website. Please review Elesa’s Agreement from time to time. All changes to the Agreement shall be effective immediately.


Miscellaneous


This Agreement, which includes Elesa’s Privacy Policy and any other legal notices published on the Website, constitute the entire agreement between You and Elesa. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.


Elesa’s failure or delay to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Elesa may assign Elesa’s rights and duties under this Agreement to any party at any time without notice to You.


All of Elesa’s rights and obligations under Elesa’s Agreement are freely assignable by Elesa to any of Elesa’s affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and Elesa may transfer Your information to any of Elesa’s affiliates, successor entities, or new owner. You will not transfer any of Your rights or obligations under Elesa’s Agreement to anyone else without Elesa’s prior written consent.


Contacting Us


If You have any questions about this Agreement, please contact Elesa at:


ELESA SCANDINAVIA AB
Djupdalsvägen 27
SE-192 51 Sollentuna, Sverige
info@elesa.se
Tel. +46 8 444 4430