General Conditions of Sales
Preamble
The commercial site www.mypalavertree.com (hereinafter referred to as the "Site") is an e-commerce site accessible via the Internet, open to any user of this network (hereinafter referred to as "Internet user"). It is published by Palaver Tree Oy, Business ID 2774217-8, whose registered office is at Kuusitie 3A 10, 00270 Helsinki, Finland
The Site allows Palaver Tree Oy to offer for sale products manufactured by Palaver Tree Oy to Internet users navigating the Site (hereinafter referred to as "Customers"). For the purposes hereof, it is agreed that the Customer and Palaver Tree Oy will be collectively referred to as the "Parties", and that the Customer who has validated an order will then be referred to as "Buyer".
Palaver Tree Oy reserves the right to modify at any time these General Conditions of Sales by publishing a new version on the Site. The General Conditions of Sales applicable are those in force at the date of placing the order.
- Object
These General Conditions of Sales govern the rights and obligations of the Parties resulting from the online sale of the Products offered on the Site, they apply to the exclusion of any other document.
- Products
2.1. Presentation
The offers of Products and prices, as long as they are visible on the Site, are valid:
In Europe:
- Austria
- Belgium
- Bulgaria
- Czech Republic
- Denmark
- Estonia
- Finland
- France
- Germany
- Hungary
- Latvia
- Lithuania
- Luxembourg
- Netherlands
- Northern Ireland
- Poland
- Portugal
- Scotland
- Slovakia
- Slovenia
- Southern Ireland
- Spain
- Sweden
- Wales
And on request for other countries
- By e-mail via our contact form on the Site by clicking on "Contact us"
- By e-mail at customerservice@mypalavertree.com, or, customerservice@mypalavertree.fi
In addition to the photographs reproduced and illustrating the Products presented, the Customer is invited to consult the characteristics of the products presented on the product sheets.
The photographs do not enter the contractual field, the articles being artisanal there may be slight variations. The liability of Palaver Tree Oy cannot be incurred in this case.
2.2. Price
The prices of our products are indicated in euros, and unless otherwise stated, include all taxes (VAT and other taxes applicable on the date of the order), and the cost of preparing and shipping.
The Palaver Tree Oy reserves the right to change prices at any time but the products will be charged based on the rate in effect at the time of confirmation of the order and subject to availability.
- Orders
3.1. Command Validation
The Customer can order one or more products on the Site.
All orders contained on the Site implies full acceptance of these Terms and Conditions, without exception or reservation. The contractual information is presented in English and will be confirmed by the time of the validation of the order.
The provision of personal information collected in connection with distance selling is mandatory, as this information is necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential.
You declare that you are fully aware of it.
The confirmation of the order will be worth signing and acceptance of the operations carried out. As soon as he has validated his order, the Customer becomes Buyer.
Palaver Tree Oy confirms the order by e-mail; this confirmation includes all the elements of the order.
All the data provided and the confirmation recorded by Palaver Tree Oy will be proof of the transaction. These elements are archived and the client can access this archive by contacting Palaver Tree Oy.
3.2. Rejection
Palaver Tree Oy reserves the right not to register a payment, and not to confirm an order for any reason whatsoever, and in particular in case of supply problem, or in case of difficulty concerning the order received:
- Exceeding the ceilings indicated in Point 6,
- Issue (s) exist (s) with the Buyer,
- Total or partial non-payment of a previous order from the Buyer,
- Refusal to authorize payment by credit card banking organizations.
In the event of cancellation of an order, Palaver Tree Oy will make a refund of the sums received, after deducting the order cancellation costs generated.
- Payment
The validation of the order implies for the Buyer the obligation to pay the indicated price.
4.1. Acknowledgment of receipt of order
At the end of the payment, a summary document of the order is sent to the Buyer by e-mail to the electronic address indicated by him and at the latest before the delivery.
This document constitutes acknowledgment of receipt and includes all the constituent elements of the contract concluded between the Parties.
The order form is registered on Palaver Tree Oy registers, which are kept on a reliable and durable basis. Buyer agrees that it shall be deemed to be evidence of contractual relations between the Parties.
The debit of the card is only done at the time of shipment of the order.
4.2. Payment Service Provider
The settlement of purchases is only via Payment Service Provider Paytrail Plc, Business ID 2122839-7 is based, Innova 2 Lutakonaukio 7, 40100 Jyväskylä, Finland, Phone: +358 207 181830, www.paytrail.com
Paytrail Plc (2122839-7) is a collecting payment service provider and an authorized payment institution that works in cooperation with Finnish bank and credit institutions. Paytrail Plc will be shown as the payment recipient on your bank or credit card statement. Paytrail Plc will forward the payment to the merchant. For reclamations, please contact Palaver Tree Oy
- Retraction
The Buyer has a 14-day withdrawal period from receipt of his products to exercise his right of withdrawal without having to justify reasons or to pay a penalty. The recipient can return the item by taking it to any pickup point.
Returns are to be made in their original state and complete (packaging, accessories, notice). Within this framework, the Buyer will return at his own expense the Product (s) he ordered under his responsibility, in its (their) conditioning and its (their) original packaging to the following address: Palaver Tree Oy, Customer Number: 902 106, PO Box 18 33821 Tampere, Finland.
In the event of exercise of the right of withdrawal, Palaver Tree Oy will proceed to the refund of the sums paid, except for the expenses of return of the Products which are the responsibility of the Buyer, within 14 days following the notification of his request and via the same means of payment as that used during the order.
The right of withdrawal does not apply to:
- A product that has suffered during the course of the return to an event of such a nature as to defeat the right of withdrawal.
- The supply of goods which have been unsealed by the Buyer after delivery and which cannot be returned for reasons of hygiene or health protection.
- Availability
The products are offered for sale until the stock is exhausted. If, by mistake, an ordered product becomes unavailable (for example, a simultaneous order), the Buyer will be notified as soon as possible, by e-mail, an exchange or a refund will be offered, if need be the order will be automatically canceled and no bank debit will be made.
Our products are available as they are visible on the Site and in the stocks.
It is stipulated that the Products are reserved for private individuals and intended for a personal use of the Customer, unrelated to a professional use of it. Indeed, the Site does not intend to sell its products in large quantities, and the Customer's attention is particularly drawn to the fact Palaver Tree Oy reserves the right to refuse any orders which amount exceeds the sum of 1000 €, and any order of more than 5 identical items.
- Delivery
The packages are oversized and protected so that your order arrives in good condition.
The shipping costs of packing and handling are to be paid Palaver Tree Oy. However, the Buyer participates in the shipping costs of items at low price (under 20 euros) according to a lump sum, and which corresponds to postal charges alone.
Products purchased from Palaver Tree Oy are available in Finland, Sweden, and Netherlands in shipments tracked via Finnish company Posti. The service includes returns of undeliverable items and Buyer returns.
The products are delivered to the point of collection closest to the delivery address indicated during the ordering process. The deadlines indicated on the validation page of the order run from the day of the registration of the payment and correspond to the processing and delivery times; in general, they are :
- Austria: 4-5 business days (zone 7)
- Belgium :4-5 business days (zone 7)
- Bulgaria: 5-8 business days (zone 8)
- Czech Republic: 4-5 business days (zone 7)
- Denmark :3-4 business days (zone 5)
- Estonia: 1-2 business days (zone 1)
- Finland: 1-2 business days (zone 0)
- France:8-10 business days (zone 2)
- Germany: 3-4 business days (zone 3)
- Hungary: 4-6 business days (zone 8)
- Latvia: 1-2 business days (zone 1)
- Lithuania :2-3 business days (zone 1)
- Luxembourg: 4-5 business days (zone 8)
- Netherlands: 4-5 business days (zone 7)
- Northern Ireland:8-10 business days (zone 2)
- Poland: 4-5 business days (zone 7)
- Portugal: 5-8 business days (zone 8)
- Scotland:8-10 business days (zone 2)
- Slovakia: 4-5 business days (zone 8)
- Slovenia: 4-6 business days (zone 8)
- Southern Ireland:8-10 business days (zone 2)
- Spain: 4-7 business days (zone 8)
- Sweden: 2-4 business days (zone 4)
- Wales :8-10 business days (zone 2)
Whatever the chosen method of shipping, Palaver Tree Oy will provide to the Buyer as soon as possible a link that allows it to track the online delivery of the package.
In case of delayed shipment, an email will be sent to the Buyer to inform him of a possible consequence on the delivery time that was indicated to him.
In accordance with the legal provisions, in case of delay of delivery more than 14 days after the date of the shipment, you have the possibility to cancel the order. If in the mean time you receive the product we will proceed to its refund and shipping costs.
In case of unavailability of the Buyer, the item will be stored for 14 days after the attempted delivery of notification of arrival. Palaver Tree Oy cannot be held responsible for late delivery within this framework, no refund will be made and there will be a credit on the corresponding shipping charges (only in case of low price Product).
The delivery will not be assured in case of force majeure as defined in Point 13 below.
- Receiving the order
Upon receipt of the order, the Buyer shall verify the conformity of the Products received in execution of his order and must notify the carrier and Palaver Tree Oy of any reservations on the delivered product (i.e., damaged parcel, already opened, missing products or damaged product, etc.) upon receipt of the parcel(s).
If the parcel arrives open or damaged or the items arrive damaged, it is essential that the buyer establishes by the post office on which he is dependent a "Report of Spoliation" so that Palaver Tree Oy can initiate an investigation and a procedure for compensation.
The Buyer must also confirm this anomaly by sending to the carrier within 2 working days following the date of delivery by an email with acknowledgment of receipt setting out the said claims. The Buyer will have to send a copy of this letter (with the original of the "Report of Spoliation" if applicable) by mail to: Palaver Tree Oy, Customer Number: 902106, PO Box 18, 33821 Tampere, Finland.
Any complaint received after the deadline or without a "report of spoliation" will be rejected. Depending on the cases defined, the Buyer will be able to benefit from the exchange and refund conditions provided for in this Point.
Unless there is a legitimate cause, any complaint made beyond the 2 days following the reception of the Products will be considered inadmissible and the responsibility of Palaver Tree Oy cannot be engaged.
Palaver Tree Oy reserves the right to require the Buyer to return the Product that does not comply or is damaged. In the event of abnormal or abusive returns, Palaver Tree Oy may refuse to serve a subsequent order.
- Exchanges and refunds
The Buyer has fourteen (14) days from delivery to return the product in its original condition and its original protected packaging, at its his own expense, for refund, credit or exchange. It is then refunded the price of the product as soon as possible by the company Palaver Tree Oy by the same means of payment as that used during the order.
The recipient can return the item by taking it to any pickup point.
However, products returned incomplete, damaged or soiled are not taken back. In the event that a product is returned incomplete, damaged, used or dirty, Palaver Tree Oy will contact the customer to expose the problem encountered and return the item concerned, which will not be refunded.
Exchange is possible when the item is not suitable and another item of the same amount is available. The costs of returning a new item are then charged to the Buyer. This exchange will not give rise to any subsequent refunds if the new article addressed is not suitable, only a credit can be proposed.
If the return corresponds to an order error on the part of Palaver Tree Oy., the Product will be exchanged and returned at Palaver Tree own expense, after approval of Palaver Tree (i.e., the return fees that have be comparable to those of Posti in the zone mentionned in Article 7: Delivery). The return of the Buyer for exchange will be paid by Palaver Tree Oy by refund after receipt of the return, as soon as possible and by the same means of payment as that used during the order.
However, if the Buyer does not wish to send another item and asks for his refund, the return costs fall within the traditional scope of a retraction and are fully taken care of by the customer.
- Property
The products remain the property of Palaver Tree Oy until full payment of the price.
In the absence of full settlement, Palaver Tree Oy shall be entitled to demand the immediate return of the delivered Product or its amount. The costs incurred for such refund shall be borne by the Purchaser.
Caution: As soon as Buyer take physical possession of the products ordered, the risks of loss or damage of the products are transferred to him.
- Warranty
All Products benefit from the legal guarantee of compliance and liability for defects, provided that the use was normal and that the care instructions have been followed.
In case of non-conformity of a Product sold, it can be returned, exchanged or refunded.
All claims, requests for exchange or refund must be made within 14 days of delivery:
- By e-mail via our contact form on the Site by clicking on "Contact us"
- By e-mail at customerservice@mypalavertree.com, or, customerservice@mypalavertree.fi • By telephone on +358 40 35 11 8 11, from Monday to Saturday from 9:30 am to 5:30 pm.
The products must be returned to Palaver Tree Oy in the state in which you received them with all the elements (accessories, packaging, notice ...), after approval of Palaver Tree (i.e., the return fees that have be comparable to those of Posti in the zone mentionned in Article 7: Delivery). . Return costs will be refunded upon presentation of the proofs.
Where applicable, Palaver Tree will print out a Buyer Return Card from the Posti SmartShip system and send it by mail to the Buyer, so that he attach it to an item to be sent to Palaver Tree. The recipient can return the item by taking it to any pickup point
The provisions of this Article shall not prevent Buyer from enjoying the right of withdrawal provided for in Article 5.
- Liability
The products are in conformity with the Finnish legislation in force. Palaver Tree Oy cannot be held liable for non compliance with the legislation of the country where the product is delivered. It is your responsibility to check with the local authorities the possibilities of importing or using the products you plan to order.
Furthermore, Palaver Tree Oy cannot be held liable for damages resulting from misuse of the product purchased.
Finally, Palaver Tree Oy cannot be held liable for any inconvenience or damage inherent in the use of the Internet, such as a breach of service, external intrusion or the presence of computer viruses.
- Force Majeure
Palaver Tree Oy shall not be liable for the total or partial non-performance of its obligations under this contract, if such non-performance results, either from the Buyer or from an unpredictable and insurmountable fact, by a third party Contract of force majeure as defined by Finnish law.
Palaver Tree Oy will notify Customer/Buyer of an event constituting Force Majeure, within 5 working days of its occurrence.
Delivery: The Parties agree to consult together as soon as possible to determine how the order will be processed during the period of force majeure.
Beyond a period of one (1) month of interruption due to Force Majeure, the Parties shall be released from their obligations to each other. If applicable, Palaver Tree Oy will refund the Buyer as soon as possible.
- Applicable Law in Case of Disputes
The language of this contract is English. These conditions of sale are subject to Finnish law. In case of dispute, the Finnish courts will be the only ones competent.
In the event that a dispute arises out of this contractual relationship, the Buyer and Palaver Tree Oy undertake to seek an amicable solution before any legal action.
- Intellectual property
All elements of the site www.mypalavertree.com are and remain the exclusive intellectual property of Palaver Tree Oy. No person is allowed to reproduce, exploit, re-broadcast, or use for any reason whatsoever, whether software, visual or sound. Any simple or hypertext link is strictly prohibited without express written agreement from Palaver Tree Oy.
- Personal data
The personal data provided by the Buyer are, unless expressly opposed by the customer, integrated into the Palaver Tree Oy customer file. The information of personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential and is intended only for Palaver Tree Oy.
Palaver Tree Oy uses all means to ensure the confidentiality and security of data transmitted on the web
The Buyer has at all times a right of access and rectification. To exercise this right, simply contact us by email to customerservice@mypalavertree.com or customerservice@mypalavertree.fi
Depending on the choices made during the order, the Buyer will likely receive Palaver Tree Oy offers.