Terms of Purchase
1. These Terms of purchase
1.1 These terms of purchase (”Terms of purchase”) apply when you as an individual make a purchase from www.boozt.com/eu/en and other related websites including the Boozt mobile application (the “ Website”). When you make a purchase on the Website, an agreement is entered into between you as an individual and Boozt Fashion AB, with organization number 556710-4699 and address Hyllie Boulevard 35, 215 37 Malmö, Sweden (”Boozt”, ”us” or ”we”).
1.2 You can contact us at firstname.lastname@example.org or phone +46101389133.
2. Agreement and order
2.1 Boozt only sells to customers who act as private individuals (consumers). When you make a purchase on the Website, you will accept these Terms of Purchase, which apply to all of our sales. To be able to complete a purchase, the total amount needs to be at least 35 EUR. You also need to be of legal age and have the right to enter into an agreement in accordance with applicable law, e.g. not be under guardianship.
2.2 When you have completed your purchase, you will receive a receipt to the email address that you provided in connection with the purchase. The receipt is a confirmation that we have received your order but is not a confirmation that a binding agreement has been entered into. A binding agreement is only entered into when we confirm your purchase and send a final order confirmation with a receipt. Before the final order confirmation with receipt has been sent, we may refuse your order completely or partially in accordance with our Fair Use policy, if you have provided us with incorrect information at checkout, if we suspect an attempt to fraud or if the product is out of stock. In such cases, we will notify you as soon as possible.
2.3 A personal account is created on My Boozt, in connection with your order. By logging in to your account, you can at any time see your current orders, products that you have marked as favourites, register your returns etc.
2.4 If the ordered product is to be given away as a gift, you can choose to print a gift receipt in connection with your order. In such cases, the gift can be exchanged by the recipient by using the gift receipt. In these cases, the returned gift can be exchanged for a gift card.
3. Price and payment
3.1 When ordering, the prices that are stated on the Website at the time of ordering apply. All prices are including applicable VAT.
3.2 If the price or information about a product listed on the Website is incorrect and you realized or should have realized that, the price or information will not apply to the purchase. In such cases, we will contact you as soon as possible.
3.3 We offer different payment options and you can choose which payment option that you want to use. The possible payment options that you can choose from are always stated in connection with your order. Additional costs may apply, depending on the option you choose. You can read more about our payment options and the costs for these here . We and the payment service providers have the right to choose which payment options we offer, which can differ from time to time.
4. Gift card and store credit
Boozt gift cards are valid for two years and can be used as a payment method on the Website. You can use several gift cards for the same purchase and use gift cards as a partial payment for a purchase. If the value of the gift card exceeds the current purchase amount, the excess amount will be stored on the gift card and can be used at a later time of purchase and until the end of the gift card’s validity period. When the right of withdrawal according to point 8 has passed, you cannot exchange the gift card for cash. If you have received a store credit, it is valid for two years from the date of issue.
5. Shipping and delivery
5.1 Products are delivered to you with the delivery option you choose at checkout. You will find information about your options on the Website and at checkout. Depending on which shipping method you choose and the total amount of your order, shipping fees may apply. You will find complete information about delivery options and delivery costs here.
5.2 The expected delivery time is stated on the Website and in the order confirmation and may differ depending on which delivery option you choose. The estimated delivery time stated on the Website is calculated from the final confirmation and not from the time when you placed the order. We always strive to deliver your order within the estimated number of working days for delivery, stated on the Website and in your order confirmation.
5.3 Ownership and risk of the products pass from Boozt to you as a customer when you have received the products from the distributor. If you have agreed to the distributor leaving the products outside your door, you are deemed to have received the products when the product is left outside the door, as verified by the distributor's GPS positioning or image. After receipt, you bear the risk if the parcel is stolen.
5.4 These Terms of purchase apply to delivery within Europe. You will find information about restrictions in the delivery here .
6. Uncollected packages
You are responsible for receiving or picking up your package in accordance with the instructions you receive in connection with delivery. Packages that are not picked up within the time specified on the advice of delivery will be sent back to our warehouse. We have the right to charge a fee of 16 EUR which corresponds to our costs for shipping in cases where you do not collect your package. If you notify us that you want to withdraw from your purchase before the package is automatically returned, we will not charge any fee for uncollected packages.
7. Offers, discount codes and gifts
7.1 We may from time to time offer promotions, discount codes, gifts and other offers (“Offers”). Such Offers are valid only for the period specified in connection with such Offer and as long as the product is in stock, and on the terms specified in connection with the Offer. Offers cannot be combined with other discounts unless expressly stated on the Website. You need to fill in the discount code for the Offer or in other way take required action before completing the purchase to take advantage of the Offer. If you return ordered products, this may mean that you no longer meet the specific conditions that apply to the Offer, which may mean that in such cases you need to return the gift, or that you no longer can receive a certain discount. If, due to a completed return, you no longer meet the conditions for the current gift and choose to not return the gift, we will deduct the value from the gift before we make your refund. These Terms of purchase also apply to Offers.
7.2 Upon termination or revocation of an Offer, these Terms of purchase apply to the products that previously were subject for an Offer.
8. Right of withdrawal and returns
8.1 According to EU consumer protection legislation, you have the right to cancel your purchase within 14 days from the day you, or a person on your behalf, receive the product that you have purchased on the Website.
8.2 In addition to this, we give you another 16 days (a total of 30 days) of right to return. However, we do not offer returns for goods that are not completely unused, which you can read more about below.
8.3 When you exercise your legal right of withdrawal of 14 days, you have the right to open the packaging and examine the product to the extent required in order to assess its character, quality and function. In these cases, you have the right to a full refund if you notify us within 14 days from the day you received the product. If you handle the product to a greater extent than required to determine its character, quality and function, we have the right to deduct a sum from the refund. Read more about what it means below in section 8.11.
8.4 If you use your right of withdrawal with regard to all products included in a purchase (a full return), we will refund all payments received from you, including delivery costs, with the following limitation: we will only refund the cost of our standard delivery options and not any additional costs resulting from your choice of another delivery option. Our standard delivery options are the least expensive options available to you at the check out.
8.5 If you use your right of withdrawal with regard to only part of the products included in a purchase (a partial return), we will not refund you for delivery cost or payment costs except to the extent you have paid an additional mandatory delivery cost specifically for the product(s) you return, such as the delivery fee for large/heavy products.
8.6 If you wish to exercise the right to return after the statutory 14-day right of withdrawal has expired, you may do so for up to 30 days after delivery of the product, provided that the product is unused, in its original condition and in its original packaging.
8.7 For certain products, neither the right of withdrawal nor the right to return apply. If a product is not suitable for return due to health and hygiene reasons, you will not be able to return the product if you have broken the seal on the product. Also, you do not have the opportunity to return a product that has been manufactured according to your instructions or that otherwise been given a clear personal touch. If the right of withdrawal or right to return does not apply, it will be stated in connection with the product.
How to return
8.8 Boozt.com offers 30 days return from the day you have received your order. In connection with your return, a return fee of 6 EUR will be deducted from the total amount to be refunded to you. The return fee applies both if you use your right of withdrawal or the right to return.
8.9 You can use your right of withdrawal and return in several different ways. For easy handling, we recommend that you register your return in your My Boozt account and then send the product back to us with the prepaid return label that came with the package. You can also use the standard form for exercising the right of withdrawal provided by the consumer agency in the country where you have your domicile or the standard form provided at the end of these Terms of purchase (our contact details are set out in section 1.2). You can also contact us through the contact form on the Website, by writing to us in our chat or by contacting us by email or phone at the contact details set out in section 1.2. Our return address is Boozt Fashion AB, Produktionsvägen 10 B, 262 78 Ängelholm, Sweden. Here is more detailed information on how you can exercise your right of withdrawal.
8.10 If you do not use the pre-printed return label, you will have to handle the return shipping yourself when you use your legal right of withdrawal or the right to return. You are responsible for any damage or loss during the return shipping caused by you being negligent, for example when choosing a carrier or when addressing or packaging the product.
8.11 If you use your right of withdrawal within 14 days, we have the right to deduct an amount by which the value of the product has been reduced if you have used the product more than necessary to determine its character, quality and function. Such a deduction is made according to the product’s value upon return compared to the original value at the time of purchase. If you want to return a purchase after the 14-days legal right of withdrawal has passed, you are entitled to a refund for up to 30 days from the time you received the product with our right to returns provided that the product is unused, in its original condition and in its original packaging.
8.12 When you use your right of withdrawal within 14 days, we will, through our payment service provider, make your refund within 14 days from the day you notified us that you wish to cancel your purchase or announced that you wish to use your right to return. However, we will not make the refund until we have received the returned product or before you have shown that you have sent it to us. Refunds will be made to you using the same payment method you chose at the time of purchase, unless otherwise agreed. Note that depending on which payment option you chose at the time of purchase, it may take a few extra days for our payment service provider to administer the refund.
8.13 When you use your extended right to return after the first 14 days, we will await the returned product and inspect it before we make your refund. We only accept your return and make your refund if the product is unused, in its original condition and in its original packaging.
9.1 If there is something wrong with your product, you have the right to make a complaint about the wrong product in accordance with mandatory consumer protection legislation that applies in the country where you have your usual place of residence.
9.2 To make your complaint, we recommend that you contact us through the contact form on the Website or by contacting us by email at the contact details set out in section 2. Our customer service will then help you further with your complaint. Our return address is Boozt Fashion AB, Produktionsvägen 10 B, 262 78 Ängelholm, Sweden. If you want to complain about a product, please contact us as soon as possible after you have discovered the error.
9.3 When the complained product has been received and it has been established that the complaint is justified, we will reimburse you in accordance with applicable law. Please note that we have the right to refuse a complaint if it turns out that the product is not defective according to applicable law. If the claim is not justified according to consumer protection legislation, we have the right to charge you a fee of 16 EUR which corresponds to our costs for shipping the product.
10. Fair Use policy
10.1 In order to shop at Boozt, you must:
· not attempt to commit fraud or otherwise act with intent to violate applicable laws,
· not misrepresent yourself or wrongfully pretend to be a consumer,
· not exert undue pressure or threatening our staff in connection with purchases and returns or in contact with our customer service, and
· intend to keep the products you order. That you should have an intention to keep the products you order never prevents you from use your right of withdrawal. You are always entitled to your legal right of withdrawal and Boozt’s right to return in accordance with our Terms of purchase.
The points above are referred to as our “Fair Use policy”.
10.2 Behaviours that can be considered to violate our Fair Use policy are, for example:
· attempted fraud in connection with returns, such as exchange/forgery of labels and price tags and incorrect claims about lost products,
· to falsely pretend to be a consumer in order to shop but then, for example, market or resell the products within the framework of a business,
· to buy products to photograph them in business and then incorrectly return the products with reference to the right of withdrawal that only applies to consumers,
· attempted fraud for the purpose of obtaining bonus points or by abusing discount codes, gifts and Offers or encouraging/contributing to false order in order to receive compensation from us,
· attempts to unduly influence or threaten our staff to obtain an extended right of return compared to our Terms of purchase or mandatory law, and
· excessive and abnormal buying and returning behaviours indicating that the customer previously had no intention of retaining ordered products.
10.3 Boozt has the right to refuse an order and has no obligation to enter into a sales agreement on the Website. Boozt only sells to consumers and binding purchases are only entered into when you receive a final order confirmation with a receipt from us. Boozt may refuse orders placed by customers where we have reasonable grounds to suspect that the customer violates our Fair Use policy.
10.4 Our assessment of whether you are in breach of our Fair Use policy is based on a number of non-discriminatory criteria. These criteria take into account systematically deviating behaviors. An order that risks being rejected due to our Fair Use policy can be identified by our staff or alternatively by an algorithm that reads abnormal patterns in our customers' buying and returning behavior. The algorithm takes into account and processes personal data in the form of purchase frequency and time of purchase, order composition, return history, and attempts at circumvention with false identities. The final assessment of whether the order should be accepted or denied is always made by our staff. If your order is denied, you will be notified via an email sent to the email address you provided when ordering. When we have announced that we have refused you to shop with us, the decision applies to you regardless of profile or email address. It is not permitted to attempt to circumvent this decision in any way, for example by acting in the name of someone else, since that constitutes in itself a separate breach of the Fair Use policy.
10.6 We strive to make the assessment as fair and accurate as possible if we have reasonable grounds to suspect that you are in breach of our Fair Use policy. You always have the right to request that we reconsider our assessment by contacting us by email or phone at the contact details set out in section 2.
10.7 Please note that our Fair Use policy never prevents you from exercising your legal right of withdrawal for 14 days or Boozt’s right to returns which is valid for 30 days if you have made a binding purchase with us. However, our Fair Use policy may in specific cases prevent you from entering into an agreement with us.
11. Our obligations
11.1 If there is any defect in your product or if the delivery is delayed, we are responsible for the damage you suffered as a result of the defect or delay in accordance with applicable mandatory consumer protection legislation. However, we are only liable for damages to the extent that you have taken reasonable steps to limit your damage. We are therefore not responsible for damages that you could have avoided by taking reasonable steps.
11.2 We are not liable for damages caused by unforeseen circumstances beyond our control, for example wars, natural disasters or WHO characterized pandemic, which we could not reasonably have foreseen (Force Majeure). However, you always have the right to cancel the purchase in accordance with mandatory consumer protection legislation.
12. Special Conditions for the Club Boozt
13. About these Terms of purchase
13.1 We have the right to change these Terms of purchase, but the Terms of purchase that you approved at the time of your purchase will always apply to that purchase. All changes will be stated in the latest published version of the Terms of purchase on the Website. Changes will be effective from the time you have accepted the Terms of Purchase, i.e. in connection with you making a new purchase on the Website.
13.2 These Terms of Purchase shall be interpreted and applied in accordance with Swedish law. If any provisions of these Terms of Purchase would be considered invalid or unenforceable by any competent court, authority or alternative dispute resolution body, the other parts of that provision and all other provisions of these Terms of Purchase will remain valid and fully enforceable in accordance with applicable law.
13.3 We are a Swedish company with our head office in Sweden and are therefore covered by both Swedish and European law. However, you always have the right to exercise the rights that exist for consumers in the country where you have your domicile. This means that we will always comply with mandatory consumer protection legislation that are in force in your country. We have no intention of excluding or restricting such rights through these Terms of Purchase.
14. Questions, complaints and disputes
14.1 You are welcome to contact us if you have any questions or complaints regarding your order. You can easily reach us via the contact information that appears at the beginning of these Terms of Purchase.
14.2 In the event of a dispute, we follow decisions from alternative dispute resolution bodies. To access the alternative dispute resolution body in your country, click here.
14.3 You also have the opportunity to complain via EU’s web-based dispute resolution platform, which you can access here.
14.4 Notwithstanding the above, any disputes may also be settled in any competent court where the customer is domiciled.
Standard withdrawal form
(This form is filled out and returned only if the right of withdrawal is exercised):
— To: Boozt Fashion AB, Produktionsvägen 10 B, 262 78 Ängelholm, Sweden, Email: email@example.com
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):
— Ordered on (*)/received on (*):
— Name of consumer(s):
— Address of consumer(s):
— Signature of consumer(s) (only if this form is notified on paper):
(*) Delete as appropriate.