Terms & Conditions
These Webshop General Terms and Conditions of Delivery (“General Terms”) shall apply to Premix Oy’s (“Seller”) webshop located at the address https://www.preperm.com/webshop/ (“Webshop”) and every sale of goods (“Products”) from the Webshop between Seller and the party purchasing Products (“Buyer”). BY USING, ACCESSING OR ORDERING PRODUCTS FROM THE WEBSHOP BUYER ACCEPTS AND AGREES TO THESE GENERAL TERMS.
Neither of the parties shall be entitled without the written concurrence of the other party to transfer all or some of its rights, obligations or liabilities under the contract to a third party. Seller shall, however, at all times be entitled to transfer its rights, obligations and liabilities to a Group company by simple written notification to Buyer. In these General Conditions “Group company” shall mean any legal entity or corporation in which Premix Oy has a direct or indirect holding of at least 50 % of the voting capital.
Please note that the Webshop is intended for corporate customers only and therefore Seller only accepts orders by corporate customers.
Buyer’s order is an offer to purchase the Products listed in the order. Seller may choose not to accept orders in its sole discretion. The contract between Seller and Buyer shall be formed only at the time when Buyer’s purchase order is confirmed by Seller in writing. Any terms and conditions proposed by Buyer or contained in any purchase order or other document sent by Buyer are expressly rejected by Seller and waived by Buyer.
Buyer is responsible for providing current, complete and accurate purchase and account information for all transactions made at the Webshop and for promptly updating the account and other information, so that Seller can complete the purchase transactions and contact Buyer as needed.
Buyer shall be liable in maintaining the user identification and password protected at all times. Buyer shall be liable for all transactions concluded using the account and identifications and shall inform Seller without delay in case the user identification and/or password have come to the attention of a third party, in which case Seller reserves the right to close down or delete the user identification without notice.
We process any personal data in accordance with https://www.preperm.com/webshop/privacy-policy/. Personal data and payment information are processed by using secured connection.
3. Products and Availability
Before ordering Products, Buyer must ensure that the Products are fit for the intended use. If the product information available at the Webshop is different compared to information provided at another internet site or other source of information, the content of the Webshop at the time of purchase prevails. All descriptions of Products are subject to change at any time, without notice, at Seller’s sole discretion.
Although Seller tries to indicate the current availability of the Products accurately at the Webshop, Seller does not warrant the availability of the Products advertised at the Webshop. All orders are subject to Seller’s acceptance and availability. Seller reserves the right without any prior notice or liability to change, suspend or discontinue the manufacture and sale of any Product.
4. Price, Shipping Costs and Taxes
The price for Products shall be the price indicated in the Webshop at date of placing of the order. If the price at the Webshop is incorrect due to an obvious typo or other comparable mistake, the incorrect price is not binding on Seller.
All prices quoted shall be exclusive of Value Added Tax and other applicable taxes, duties or imports which are payable by Buyer. Please see https://www.preperm.com/webshop/shipping-information/ for details of the available shipping methods and associated shipping costs.
Seller may increase or decrease its prices at any time without prior notice. New prices shall apply to orders placed after the price change has become effective.
Please see https://www.preperm.com/webshop/shipping-information/ for details of the estimated delivery times, as well as on possible restrictions in relation to countries of delivery.
Products are to be delivered FCA point of shipment (INCOTERMS 2010); all risk of loss shall pass to Buyer upon delivery to carrier and Buyer shall be responsible for obtaining and paying for any desired insurance. Buyer is responsible for complying with the laws and regulations applicable in the country of destination, including but not limited those regarding customs procedures.
Indicated delivery times are only approximate and Seller shall not be liable for any delay in delivery of Products. Time for delivery shall not be of the essence. If Buyer fails to fulfill its obligations under these General Terms, Seller may defer further shipments without notice until such default is made good, or may treat such default as final refusal by Buyer to accept further shipments.
Please see https://www.preperm.com/webshop/payment-methods for details of the available payment methods.
In case of non-payment, whether partial or total, for a delivery even if it should be object of dispute, the Seller shall be authorized to suspend any other later supply, even when regulated by other contracts, or to render the contract null and void for the Buyer’s breach of contract. In case of delayed payment or non-payment, whether partial or total, on the part of the Buyer in respect with the due date specified on the invoice, the Seller, notwithstanding any other right, shall charge, without need for notification of delay, interest starting from the date of agreed payment.
In case of non-payment, whether partial or total, after delivered goods shall remain the property of the seller until payment of the delivered goods is totally fulfilled. This clause does not contravene or prejudice statements as per Article 2 in connection with risks transferal, as goods after delivery remain under the custody of the Buyer.
7. Ground for Relief (Force Majeure)
The following circumstances, among others, shall constitute grounds for relief if they occur after the coming into force of the contract and impede its fulfillment or make it unreasonably onerous: Labor disputes, fire, war, mobilization or unforeseen military call-up of comparable scope, requisition, confiscation, currency restrictions, insurrection and civil commotion, shortage of transport, general shortage of materials, restrictions in the supply of power and defects or delays in deliveries by subcontractors resulting from the aforementioned reasons or any other circumstance equally important and unforeseen, beyond the control of the party in question.
8. Warranty, Claims, Limitation of Liability
Seller warrants that all Products to be supplied by Seller shall meet the product specifications for such Products set by Seller from time to time, or in case of Products customized for the needs of Buyer, the product specifications for such Products agreed by the Parties in writing. Seller does not extend warranty of suitability for a specific application nor manufacturing process (even if recommended by Seller eg in the datasheet).
Buyer agrees to inspect the Products upon receipt thereof. Claims in respect of Products sold, including claims on account of weight, quality, loss or damage to said Products, are waived by Buyer unless made in writing within 30 days after arrival thereof at destination. In case of a timely claim concerning quality, Buyer shall promptly furnish Seller a sample of nonconforming Product for testing and analysis.
Seller’s liability and Buyer’s sole remedy for any claim in respect of any Products is limited to, at Seller’s option replacing the particular quantity of nonconforming Product or refunding the purchase price of the particular quantity of nonconforming Product, less the value, if any, to Buyer of the nonconforming Product. Seller assumes no liability, whether in contract, tort or otherwise for any special, punitive, consequential or indirect losses, or any economic losses, loss of data, loss of goodwill or reputation or any other kind of loss or damage of any kind howsoever arising from the use of the Webshop or of the contents thereof, or from prevention of the said use, or from these General Terms, regardless of whether the said damage is based on an agreement, infringement of rights or other grounds.
The Webshop is provided on an “as is” basis without warranties of any kind. While Seller uses reasonable endeavors to verify the accuracy of any information it places at the Webshop, it makes no warranties, whether express or implied in relation to its accuracy. Seller shall not be held liable for any errors, interruptions, inaccuracies, deficiencies or other effects, delays or lack of correctness of the information contained at the Webshop. Seller disclaims any and all warranties of any kind, whether express or implied, and any conditions or other terms other than those which are expressly mentioned in these General Terms. In particular, Seller will not be responsible for ensuring that the Products are fit for Buyer’s intended purpose.
9. Third party links
The Webshop may link to websites or services operated by third parties. However, even if the third party is affiliated with Seller, Seller has no control over these linked websites or services, all of which have separate terms and conditions of use and/ or privacy and data collection practices independent of Seller. These linked websites and services are only for your convenience and therefore you access them at your own risk.
If any provision in these General Terms is found or becomes invalid, unlawful, or unenforceable to any extent, the provision in question will be severed from the remaining provisions of these General Terms, which will continue to be valid and enforceable to the fullest extent permitted by law. The parties undertake to amicably negotiate a replacement for such provision with a valid and enforceable provision..
11. Governing Law and Competent Court
These General Terms, the Webshop and the transactions concluded through the Webshop shall be governed by and construed in accordance with the laws of Finland excluding the applicability of the United Nations Convention on Contracts for the International Sale of Goods (1980). Any disputes in connection with these General Terms, the Webshop and the transactions concluded through the Webshop shall be exclusively submitted to the competent court in Helsinki, Finland.