Terms & Conditions
These Terms & Conditions (“Terms”) set out the (i) terms of purchase and use of the digital and/or physical products and services (“Products”) of Santa Claus Office / Dianordia Ltd (“Santa Claus Office”, “we,” “our,” or “us”) and (ii) terms of order and delivery of the Products from or by us via our websites (“Websites”) or otherwise. You accept these terms by placing an order to us or by using the Product. If you do not agree to these Terms, do not use the Website or the Product or place an order regarding the Products. We intend to keep the Website in constant use but may stop, suspend, or modify the Website at any time as deemed necessary.
1.1 Your order for a Product made to us in any form is an offer to buy from us.
1.2 There will be no contract of any kind between you and us unless and until we dispatch the Product.
1.3 If you have any problems placing your order or think that you have made a mistake in your order, please contact email@example.com.
1.4 The physical Products which you purchase may be delivered to you by post.
2.1 The prices payable for the Products that you order are clearly set out on the applicable Websites or otherwise stated to you. Unless otherwise stated all prices are expressed inclusive of VAT.
2.2 If you order the Products, the price does not include the delivery charge, which will depend on the delivery method you choose. The rate applicable for the delivery charge will be calculated at the date you place your order.
3.1 Unless specifically otherwise agreed you will be charged for the Products at the time of placing your order. In case we accept invoicing the payment term shall be seven (7) days from the date of the invoice.
3.2 Your payment will be taken and processed as separately agreed or informed on the Website.
4. DELIVERY OF PRODUCTS
4.1 Delivery of a Product by us will be made to the address specified by you when you complete your order. If you don’t receive the Product, please contact firstname.lastname@example.org.
4.2 We will contact you to let you know if we are having problems getting a Product to you within 90 days from your order and you can choose to be reimbursed for your order at this time, including the delivery charge.
5. OWNERSHIP, INTELLECTUAL PROPERTY RIGHTS AND DATA
5.1 Ownership of the delivered physical Product will pass to you upon full payment of the Product.
5.2 You receive a right for personal use of the delivered digital Product with a right to distribute and share such digital Product. For the sake of clarity, you don’t have the right to use the digital Product for business purposes in any way or combine the digital Product with other content.
5.3 Santa Claus Office grants you a nonexclusive, revocable right to use the Website provided that you do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Website in any manner or form. The license granted to you by the Santa Claus Office is a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Santa Claus Office.
5.4 Santa Claus Office and/or its suppliers shall retain all ownership and intellectual property rights in the Website, Product and all content generated and displayed on the Website.
5.5 All trademarks, service marks, trade names, logos or other words or symbols of us or of our vendors or licensors or other third parties are and will remain the exclusive property of such rights holders, and any use by you of such trademarks and/or logos is subject to a separate agreement between you and the respective rights holders. Nothing in these Terms shall be deemed as purporting to grant any license under or immunity against the intellectual property rights or trademarks and/or logos of us or any third party.
6. INSPECTION AND RETURN OF PRODUCT
6.1 You may return the delivered and sealed physical Product in its original condition and packaging to Santa Claus Office, Joulumaantie 1, 96930 Arctic Circle, Finland if you have cancelled the order within fourteen (14) days from the delivery of the Product.
6.2 You shall inspect the Product within three (3) days from the delivery of the Product.
6.3 If you receive a damaged or defective Product ordered from us, please let us know immediately and at the latest by fourth date from the delivery by contacting email@example.com. We shall at the request of you render such assistance, advice or instruction (by telephone, e-mail, as you requests) that in our reasonable opinion would be sufficient to enable you to take the necessary corrective measures.
6.4 In case of faulty Product, we will supply you with a replacement product (or repair it, if appropriate) or, at our sole discretion, refund the price paid by you for the particular Product. Product is deemed to be accepted unless you inform us of a damaged or defective Product within the above time frame.
7.1 Website and the Products are provided “AS IS” and “AS AVAILABLE” basis.
7.2 All warranties not expressly stated herein are disclaimed to the maximum extent permitted by applicable law, and the Santa Claus Office disclaims all other warranties, either express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the products and services and the accompanying written materials.
8. LIMITATION OF LIABILITY
8.1 Santa Claus Office shall not be liable to you for any damages, claims, expenses or other costs (including, without limitation, reasonable attorney’s fees) you suffer or incur relating to your use of the products or website. Under no circumstances will the Santa Claus Office be liable for any indirect, special, incidental, punitive or consequential damages or for any damages in excess of €50 regardless of the cause.
8.2 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Products and/or Website must be filed within one (1) year after such claim or cause of action accrues, or be forever barred.
9.1 Under these Terms the Products are available for end users only. A separate agreement is required for distributors, resellers, agents and such like. We reserve the right to refuse orders.
9.2 You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected.
9.3 If you breach these Terms and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms.
9.4 These Terms shall be construed and interpreted in accordance with the substantive laws of Finland, excluding its rules for choice of law and the United Nations Convention on Contracts for the International Sale of Goods. Any disputes relating to or arising in connection with this Agreement shall be finally settled in arbitration conducted under the Arbitration Rules of the International Chamber of Commerce (ICC), by one arbitrator appointed in accordance with the said Rules. The place of arbitration shall be Rovaniemi, Finland and the language to be used in such proceedings shall be English unless both parties are Finnish. The award shall be final and binding upon the parties and enforceable in any court of competent jurisdiction. Nothing in these Terms shall be deemed to limit the right to seek interim injunctive relief or to enforce an arbitration award in any court of law.
If you have any queries, please contact us by email at firstname.lastname@example.org