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Terms of Service - Interior Design Inspirations & Home Décor Products | Esther's

Last update: 14 September 2021

Terms of service for Esther's

Information about Esther's

These terms and conditions (the "Terms") are applicable to all services provided by Esther's Scandinavia AB (559315-2043) ("Esther's", "us", "our" or "we") to our customers ("you").

Contact information

You may contact us by using any of the contact details set out below ("Contact Information"): Telephone number: Email address: hello@esthers.se

Agreeing to the Terms

By creating an Account and using the Services you agree the Terms. If you do not agree to these Terms, you must not create an Account or use the Services.

Changes to the Terms

We may modify these Terms at any time. In the event of changes which are not minor and may affect you, you will be notified via email or via the App. We will then inform you that it is important to object if you do not approve of the changes. If we do not get such objection within thirty (30) days after the changes were communicated, we will assume that you approve of the changes. We will also assume that you accept the changes where you enter into an agreement for the Services with us by, for example, by continuing to use the Services, after the new conditions have been submitted. The latest version of the Terms will be available on the Site and in the App.

Definitions

"Account" means the account that you register and create on the Site and/or in the App


App" means our application accessible via computer or mobile device relating to the Services.


"Contact Information" means the information set out above.


"Functions" means the Site, the App,your Account and the Services, jointly


"Privacy Policy" means our Privacy Policy (www.esthers.se/privacy) which describes how we process personal data.


"Services" means the services described under section "Services" below which we have made available through the Site, and the App, together with any such other related goods, equipment, services and information made available by us to you.


"Site" means our website (www.esthers.se) relating to the Services

Description of the Services

We provide a platform for user-generated content related to home interior. Users can upload photos, videos and articles (guides) and share with others. (the "Services"). More information about the Services can be found on the Site and in the App

Setting up an Account

For ordering of the Services, you must create an Account. You are not allowed to transfer the Account to others, and you may only sign up one (1) Account. Once an Account has been created, and payment has been made where prepayment is required, the Services will be available and ready to use or order, as instructed on the Site and in the App.

Order Services

The Services shall be ordered in accordance with the instructions on the Site and the App. Our confirmation of your order will take place when we email you and/or send you a confirmation in the App, at which point a contract will come into existence between you and us. If we are unable to confrim your order, we will inform you of this in writing and not charge you anything.

Delivery of Services

During the order process we will let you know when and where we will provide the Services.

Eligible customers

We offer the Services to individuals acting as consumers (as defined under applicable local law).


You may not order the Services or use any of the Functions if you are below eighteen (18) years of age.

Use of the functions

When you use the Functions, you must always comply with all applicable laws, regulations and public orders. You shall not access the Site or the App other than through interfaces provided by us and as otherwise expressly authorised under these Terms. You may not use the Functions in a manner contrary to our, or any third party’s, rights and interests. You agree to comply with all instructions and recommendations provided by us from time to time.


You agree to be responsible for all activities that occur under your Account. Credentials for your Account must be kept secure at all times and you are forbidden to share data relating to your Account with any third parties. Should you suspect that your Account or your credentials have been or are being used by a third party you must contact us immediately by using any of our Contact Information


We may have to suspend the supply of any of the Functions to:


  • ● Deal with technical problems or make minor technical changes; or
  • ● Update changes to the Functions to reflect changes in applicable laws and regulatory requirements.

We will contact you in advance in case we need to suspend the supply of any Services. This does not apply if the problem is urgent or an emergency.


We are entitled to decline or adjust an order from you and close down your Account in the event that you provide us with untrue, inaccurate, not current, or incomplete information when creating your Account. This shall also apply if you fail to comply with these Terms (for example if you have not paid for the Services in time) or other mandatory provisions by law. Upon occurrence of any of these events, we will contact you and request that you remedy your breach of these Terms.

Your provision of content

The Site and/or the App include(s) functions for uploading and storing of files and other information provided by you ("Content"). You are responsible for all distribution and other actions by you and in your Account.


By uploading Content to the Site and/or the App , you warrant a) that you are the owner of the uploaded Content or b) that you are entitled to manage the Content in such way and that the Content or your use of the Content in no way violates any applicable legislation. We will not supervise whether any Content is lawfully uploaded or distributed through the Site and/or the App.


By adding Content to the Site and/or the App, you are aware that, depending on the settings of your Account, such Content might be shared with others. We are not liable for any loss of Content and we advise you to always keep your own backup. We do not take any responsibility with regards to the validity of Content provided by you.

Prices and payment

No payment will be made by you for the Services.

Term

The term for our Services commences upon 14 September 2021 and shall remain in force until terminated by you with immediate effect.

Termination

To terminate the Services go to the Site or the App and follow the instructions or by contacting us using the Contact Information.


Upon termination, your right to access the Services will be revoked immediately. We will also delete or anonymise any personal information about you, with exception for any personal information that we are required to keep by law.


Any Services still ongoing upon termination shall be carried through in accordance with these Terms. Obligations arising from any breach of contract during the term of these Terms shall not be affected by termination.

Warranty

We warrant that we will, where applicable:


  • ● Perform the Services professionally and with the correct and necessary competence.
  • ● Take care of your interests and consult with you in order to avoid misunderstandings where necessary.
  • ● Ensure that the Services are not performed in breach of the Swedish Product Safety Act (Sw. produktansvarslagen) or the Swedish Marketing Act (Sw. marknadsföringslagen).
  • ● Discourage you from using the Services in the event these are not of use for you.

Defects

The Services are defect in the following events:


  • ● The result has not been professionally performed.
  • ● We have not performed the Services in accordance with applicable security regulations, or in breach of the Swedish Product Safety Act.
  • ● The Services are not in accordance with what we have agreed.
  • ● The result is not in accordance with information provided in our marketing

Complaints

In the event that you consider the Services to be defect, you may make a complaint by using any of our Contact Information. You have to make the complaint within reasonable time (within two (2) months will always be considered as reasonable). You cannot make complaints in relation to defects discovered more than three (3) years after the completion of the Services.

Your rights in the event of defects

In the event of defects, you may:


  • ● Require that the defect is corrected (normally without any cost for you).
  • ● Require price reduction (corresponding to what it would cost you to have the defect corrected).
  • ● Where the purpose of the Services has forfeited, and we ought to have understood that - you may terminate the agreement.
  • ● Claim damages (you may claim economic damages for any damage caused by the defect).

Delay

Sometimes we may not complete the Services within the period agreed between us (and you have not caused this delay). You can in the event of delay:


  • ● Require that we fulfil the Services.
  • ● Where the purpose of the Services has forfeited, and we ought to have understood that - you may terminate the agreement.
  • ● Claim damages (you may claim economic damages for any damage caused by the delay).

Cancellation

If you cancel the Services before they have been completed, we are entitled to compensation for the part of the Services that have already been performed. We may also claim compensation for loss of income for not being able to perform other work.

Third party services as a part of our Services

Sometimes we may rely on third party services and/or product providers. Such providers act beyond our reasonable control and we shall not be held liable for any damages caused by an action or omission attributable to them.

Defects and delays beyond our control (force majeure)

We are not responsible for delays and defects outside our control. If our suppliers are delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided that we do this we will not be liable for defects and delays caused by the event, but if there is a risk of substantial defect or delay you may contact us to end the agreement and receive a refund for any Services you have paid for but not received.

Right of withdrawal

As the Swedish Distance and Doorstep Sales Act (Sw. distansavtalslagen) is not applicable, you do not have right of withdrawal (Sw. ångerrätt).

Privacy

We process your personal data in accordance with our Privacy Policy.

Our rights

The Site and the App are owned and operated by Esther's. All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by us as well as those presented in the Functions (including titles, graphics, icons, scripts, source codes etc.) are our property or third party licensors’ property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without our written consent.

Respect for our property

You must not tamper with, attempt to gain unauthorised access to, modify, hack, repair or otherwise adjust any of our material, hardware, source-codes or information for any purposes.

Respect for our intellectual property

The Services and other information, including all associated intellectual property rights, provided and made available by us, remain our exclusive property. You may not use our exclusive property for commercial or any other purposes without our written consent

Applicable law

Swedish law shall apply to these Terms and our legal relationship in general.

Complaints and disputes

If you have any complaints, please contact our support department by using any of our Contact Information. You may also contact us by filling out this contact form:


We will always first try to solve your complaints through discussions between you and our support department. In the event of a complaint or dispute you may, however, always contact the Swedish National Board for Consumer Disputes (Sw. Allmänna reklamationsnämnden).


Disputes regarding the interpretation and application of these Terms shall be resolved by the National Board for Consumer Disputes or by the competent ordinary court


Please also note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform available at ec.europa.eu/consumers/odr.

Company information

Esther's Scandinavia AB is an entity registered in Sweden.


Registered address: Norrlandsgatan 10, 11143 Stockholm

Reg. No: 559315-2043

VAT Reg. No: SE559315-204301