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GENERAL TERMS AND CONDITIONS

1. General

These general terms and conditions (the “Terms”) apply when you or the legal entity that you represent (the ”Customer”) place an order from do88 AB (”do88” or ”us”) on a do88 website which is directed to you who is located outside Sweden (the ”Website”), telephone or e-mail. You can find detailed contact information and more information about do88 on the Website.
Both legal entities and private persons may place orders. The Terms apply to both consumers and legal entities. Note that the Terms differ in some parts depending on if you place the order as a consumer or as a representative of a legal entity.
do88 is a Swedish company that is subject to Swedish law including EU regulations and directives. Furthermore, do88 strives to always comply with mandatory consumer protection laws and regulations where the Customer who is a consumer has its country of residence. do88 cannot guarantee that these Terms comply with all applicable mandatory consumer protection laws. Nothing in these Terms shall exclude or limit do88’s liability with regard to any matter for which it would be unlawful for do88 to limit or exclude its liability according to applicable mandatory law.
do88 has the right to deny any purchases by a person that do not, according to applicable mandatory law in their country of residence, have the right to enter into agreements regarding purchase of the products sold by do88, e.g. normally under 16 or 18 years old. By placing an order from do88 you confirm that you possess the legal right and ability to enter into a binding agreement with do88.

2. Agreement and order

In order to make a purchase, you must accept the Terms. A Customer who has placed an order via telephone or e-mail will receive the Terms together with the order confirmation. If the Customer does not promptly object to the Terms, the Customer will be deemed to have accepted the Terms. By accepting the Terms, you undertake to comply with them for your own account in applicable parts. If you represent a legal entity you accept the Terms also on behalf of the legal entity and ensure that you have the authority to accept these Terms and the purchase you make for the legal entity, i.e. on the Customer’s behalf.
When placing an order, an agreement is entered into between the Customer (i.e. you or the legal entity you represent) and do88. Upon order, do88 will send an order confirmation to the Customer. do88 encourages the Customer to save the order confirmation for any contacts with do88’s customer service. do88 reserves the right to, in specific cases, deny or change your order (for example, if you have provided incorrect personal data).
You are welcome to contact us f you have any questions about your order. Our contact information is stated on the Website.

3. Product information etc.

The products sold by do88 conform to any mandatory Swedish standards, certifications and legal requirements. do88 does not take any responsibility for that the products sold by do88 conform to any other standards, certifications, legal requirements or similar set out in any other country. Please note the field of application as described in clause 1 below.
do88 reserves a right for a product to be sold out and any image- and typing errors on the Website, in advertisements or in marketing materials, e.g. errors in product description or technical specifications, as well as incorrect prices or incorrect information regarding whether a product is in stock. do88 has the right to correct any such errors and to change or update the information on the Website at any time. If an incorrect price was set for a product that the Customer has ordered, do88 will notify the Customer hereof and await the Customer’s approval or the corrected price before do88 continues to process the order.
Images of products on the Website, in advertisements and other marketing materials should exclusively be considered as illustrations. Such illustrations cannot be guaranteed to reproduce the exact number of products you receive, nor the product’s exact appearance, features or origin. do88 is not responsible for information provided by a third party.
The information on the Website is protected by, among others, intellectual property and marketing legislation. This means that trademarks, trade names, product names, images and graphics, design, layout and information on products, services and other content may not be copied or used without the prior written consent of do88 or its licensors.

4. Prices, fees and payment

Upon order, the prices that were indicated on the Website are the prices that apply on the order, unless otherwise expressly agreed or if the circumstances clearly dictate otherwise. do88 may, in its sole discretion, change any prices in relation to a Customer that is a legal entity by notifying the Customer in writing.
The prices on the Website do not include any payment- and shipping charges, billing- or handling charges, packaging fees and/or customs duty. When the Customer is resided in a country outside of the EU and/or when ordered products are delivered to a country outside the EU, additional taxes and charges may apply.
do88 strives towards specifying extra costs at the Website, but can only guarantee to do so as regards to products that are purchased by a Customer in the EU.
The Customer may pay its purchase using the payment options on the Website. do88 reserves the right to not always offer all payment methods to the Customer. Please note that any restrictions for payment options are set forth on the Website.

5. Campaigns and offers

do88 may from time to time offer campaigns that may have more favorable terms than what is stated in these Terms, for example regarding payments or shipping. These more favorable conditions apply as long as the campaign is active and for the specific products listed by do88 in connection with the campaign. do88 reserves the right to, at any time, withdraw such campaigns. Upon termination or withdrawal of a campaign, these Terms apply without modification. Offers regarding specific products are valid for a limited period of time and while in stock.

6. Delivery and transport

Prices do not include shipping and delivery costs. This will be added upon ordering in accordance with what is stated on the Website. Please note that restrictions in the delivery may occur.
do88 is not responsible for the products when in transit.
Products that are in stock are normally shipped the same day of the order if the order is placed before 2 PM (GMT+1 winter time and GMT+2 summer time). The delivery time may vary depending on the delivery method you have chosen and to which location the delivery shall be delivered. The expected delivery time is stated in the order confirmation. Discrepancies may occur from the specified delivery date. If the Customer has ordered a product that is temporarily out of stock, or that is custom made or is a non-stock product, delivery time is longer than for products in stock. The Customer will be notified if there are any problems which will delay the delivery.
The Customer shall, depending on the selected payment and delivery solution, retrieve, collect or receive the package in accordance with the instructions from time to time provided by do88 or the freight company. Depending on the selected delivery solution, the Customer receives a notice indicating where and when the package may be retrieved or received. For unclaimed or non-received packages the Customer who is a private consumer is charged a fee equivalent to the shipping and delivery costs for returning the products. Customer who is a legal entity is charged a fee equivalent to the shipping and delivery costs for returning the products plus a fixed fee in accordance with what is stated on the Website.
Customer who is a legal entity shall inspect and return any incorrect or damaged product (including transport-damaged products) in accordance with the information on the Website. For consumers, the rules for complaints stated in clause 8 below applies.
After a failed attempt of delivery, do88 have the right to terminate the agreement between the parties with immediate effect. When applicable, do88 will repay any payments made by the Customer. do88 may in accordance with the above deduct any costs incurred for return shipping and customs duty from the repayment to the Customer.
do88 does not deliver ordered products if the Customer wants the product delivered to an address in a country or region that is illegal for do88 to deliver to (for example when there is a trade embargo), where there is a war, conflict or instability of any kind. Please be informed that do88 may have limited possibility to offer delivery to islands or other places that do not have fixed bridge connections or where global freight legal entities do not normally deliver. If you have any questions or queries regarding whether do88 deliver products to your delivery address or not, please contact do88’s customer service. You can also find more information on the Website.
do88 does not have to state the reason why it refuses to deliver the products to a specific address, this is determined in do88’s sole discretion. If do88 exercises its right to refuse to deliver the ordered products the entire or part of the agreement concluded between the parties is automatically annulled. Any payments made by the Customer for products that will not be delivered by do88 in accordance with above shall be repaid by do88 to the Customer.

7. Right of withdrawal

When Customer who is a consumer make a distance purchase a 14 day withdrawal period applies in accordance with EU consumer protection law. Right of withdrawal means that you as a consumer have the right to withdraw your purchase by notifying this within 14 days from the day you or a person specified by you have received the ordered product (the withdrawal period), see below. Please note that this clause 7 does not apply to Customer that is a company.
If you decide to withdraw your purchase and you want full reimbursement of the product you may not handle the product more than what is necessary to establish its nature, characteristics and function. If you were to handle the product beyond this, do88 is entitled to make a deduction for any diminished value of the product due to such handling, see clause 7 below.
The right of withdrawal does not apply to a product manufactured according to the Customer’s specifications or that otherwise has been clearly personalized, e.g. tubes or other products that have been cut or adjusted according to the Customer’s requests.
If you want to exercise your right of withdrawal in time, before the expiry of the withdrawal period, please send a clear and precise message to do88 stating that you want to exercise your right of withdrawal. To facilitate the withdrawal, we recommend you to contact do88’s customer service on the Website. The Customer shall state name, address and preferably other relevant information, e.g. order number and date of order, and if the Customer has purchased several products - which products you want to withdraw in the message. The Customer can also choose to fill out and send us the model withdrawal form to exercise the right of withdrawal, you can find the form on the Website.
In order for you to use your right of withdrawal in time, it will be sufficient for you to, before the expiry of the withdrawal period, send a notification stating that you want to exercise your right of withdrawal.
When exercising your right of withdrawal you must pay the costs for the return shipping and you are responsible for the condition of the product from the time of receipt and during the return shipping. do88 recommends that you send the product well packaged and in its original box and/or packaging. The product shall be returned within 14 days from the date that do88 received your notification stating that you want to exercise your right of withdrawal. Returns shall be made to do88 according to the methods and procedures specified on the Website.
When you exercise your right of withdrawal, do88 will reimburse you for the returned product. do88 has the right to deduct a sum correspondent to the diminished value of the product compared to the original value. This only applies if and to the extent you are liable for any diminished value of the product resulting from the handling of it other than what is necessary to establish the nature, characteristics and functioning of the product.
do88 will promptly reimburse the payments; at the latest within 14 days from the date do88 received your notification stating that you want to exercise your right of withdrawal. However, do88 will delay the reimbursement until do88 has received the product or you have showed that the product has been returned. Reimbursement will be made to you by the same payment method chosen by you unless otherwise agreed or there is any hindrance to such reimbursement. do88 will not reimburse the Customer the full costs for the shipping fees if the Customer has expressly chosen a certain type of delivery (for instance express delivery), although do88 offered a common and generally acceptable type of delivery which would have incurred lower shipping fees. In such case do88 will reimburse the Customer for the amount corresponding to the common and generally acceptable type of delivery. Shipping fees are not reimbursed for partial returns.

8. Warranty and complaint

do88 applies a 12 month warranty for material defects and manufacturing errors for all products that do88 sells. The warranty covers only original manufacturing defects, and therefore no defects occurring upon or after assembly, the Customer’s own alteration of the product´s function or appearance, or other external impact on the product. The Customer´s order confirmation together with the invoice/receipt is valid as a guarantee certificate. The warranty period starts from the date of issue of the invoice/receipt. For avoidance of any misunderstanding, the warranty in this clause 8.1 is subject to the limitation of liability in clause 10
Unless otherwise is provided by mandatory applicable law, you as a consumer are entitled to lodge a complaint for a defect in the product within three years from the date you received the product. The Customer who is not a consumer is entitled to lodge a complaint for a defect in the product within two years from the date the product was received (however, complaints due to error in delivery or error due to transport damage should be filed as indicated under section 6 above). Customer who wishes to lodge a complaint regarding an ordered product must contact do88 as soon as possible after discovering the defect. To be valid, the complaint must be made within a reasonable time after the Customer discovered or should have discovered the defect. Complaints made within two months from the time when the Customer discovered the defect will be deemed to be lodged at the right time. Upon a complaint, the Customer must be able to demonstrate that the products have been purchased by do88, for example by showing a receipt.
We recommend that complaints are made according to the instructions set out on the Website. do88 pays for return shipping of approved complaints.
When do88 has received a complaint of a product and has established that the complaint is valid in accordance with applicable legislation, do88 will replace the product or rectify the defect. do88 reserves the right to deny a complaint if it turns out that the product is not defective according to applicable legislation.

9. Customer data and customer account etc.

When the Customer registers a user account and/or places an order on the Website, the Customer will be asked to provide certain personal data. do88´s privacy policy contains information about do88´s processing of personal data.
If you are a registered customer of do88, you undertake to ensure that no one but you can use your login credentials. You may not reveal your password to any unauthorized person and shall ensure that any document setting out the username and password is stored in such way that no unauthorized person can gain access to the information. You must immediately notify do88 if it is suspected that any unauthorized person know the Customer’s password.
Customer who is a legal entity guarantees that the person who registered the customer account, as well as any other users, are authorized to take measures and make purchases on the Website on behalf of the Customer. Customer that is a legal entity is responsible for all actions performed by its users during login to the Customer’s customer account. Furthermore, Customer that is a legal entity must ensure that the person/s who use/s the customer account gets access to do88´s privacy policy.
If do88 suspects that the customer account or login information is misused or if the usage otherwise violates the Terms, do88 has the right to suspend a Customer and/or you as a user. do88 has the right to, irrespective of the reason, assign you with new login details.

10. Field of application and limitation of liability

The products that do88 sells are intended for motor sports/racing. The Customer is liable to make sure of which requirements/rules applies to the area/country that the product will be used in and to comply with these.
do88 is not liable for indirect losses or loss of profit. Nor is do88 liable for any travel/transportation costs or additional jobs and/or additional costs caused by a product sold by do88. do88 is not responsible for any damage that may occur on equipment, vehicles, persons or other in connection with the assembly or use of products sold by do88, as well as any adverse effects on the vehicle's safety, driving characteristics or warranty.
do88´s liability under these Terms and the agreement with the Customer is for each loss or damage limited to an amount equal to the total amount paid by the Customer to do88 for the product to which the loss or damage relates or derive from.
do88 is not liable for any damages, losses or delays caused by an incident out of do88´s control, such as data breach, errors that are due to the Customer, errors in the Customer´s equipment or any other relationship on the Customer´s side, act of public authority, harsh weather conditions, sabotage, strike, war, accident, power failure or delay in external networks, mobile or telephone connection.
In relation to Customer who is a consumer, this clause 10 applies as far as possible under mandatory consumer protection legislation.

11. Amendments to the Terms

do88 reserves the right to make amendments to these Terms from time to time. Any amendments to these Terms will be posted on the Website. Changes will become valid once the Customer has accepted the Terms (in connection with a new purchase or while browsing the Website), or 30 days after do88 has informed the Customer of the changes.

12. Miscellaneous

If any provision of these Terms is to be held invalid or unenforceable by any competent court, authority, arbitral tribunal or alternative dispute resolution board, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law.
A party’s waiver of any of its rights or remedies under these Terms must be in writing and duly executed by it. No single or partial waiver of any such right or remedy shall preclude any other or further exercise of that or any other such right or remedy.
do88 has the right to assign any part of its rights and obligations under the agreement between the parties without prior consent from the Customer. Furthermore, do88 has the right to assign or pledge receivables without prior consent from the Customer. The Customer may not however assign or transfer any part of its rights or obligations under the agreement between the parties without the prior written consent of do88.

13. Applicable law and dispute resolution

Disputes concerning the interpretation or application of these Terms or the agreement between do88 and the Customer shall be interpreted in accordance with Swedish law. The UN purchasing law (CISG) shall not apply to these Terms. Swedish law shall not however apply in a situation where a Customer which is a consumer has better rights according to mandatory applicable consumer protection law in the country where the Customer resides.
In cases of any dispute with Customer who is consumer, do88 will follow the submitted recommendations from the Swedish National Board for Consumer Disputes. The National Board for Consumer Disputes may be accessed either via the website www.arn.se or address Box 174, 101 23 Stockholm, Sweden. A Customer who is a consumer may also lodge a complaint at the European Commission’s platform for online dispute resolution (the “ODR platform”) which you may access here: http://ec.europa.eu/consumers/odr/. Dispute with Customer who is a consumer can also be settled by a public court.
Any dispute with Customer, who is a legal entity, shall be finally settled by arbitration procedure administered by the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Stockholm, Sweden and the language of the procedure shall be English. In order to avoid misunderstandings, the foregoing shall not prevent do88 from applying for order to pay or conduct debt collection towards the Customer if the Customer fails to pay a due debt.
All arbitral proceeding conducted pursuant to clause 3, all information disclosed and all documents submitted or issued by or on behalf of any of the disputing parties or the arbitrators in any such proceedings as well as all decisions and awards made or declared in the course of any such proceeding shall be kept strictly confidential and may not be used for any other purpose than these proceedings or the enforcement of any such decision or award, nor be disclosed to any third part by the Customer without the prior written consent of do88.
Notwithstanding the foregoing, do88 may take any legal action necessary at any competent court in the Customer’s country of residence for collection of delayed payments. The parties do hereby accept that the jurisdiction of such court shall apply for such purpose.

These Terms was adopted by do88 the 1th of January 2018.