Delivery Terms of Marimekko Corporation
Applied as of 17.9.2015
These general terms (”general terms”) apply to you (”you” or ”customer”) when you make an order from Marimekko Corporation (”we” or ”Marimekko”) through our website at www.marimekko.com or another website associated therewith (”web shop”). We encourage you to carefully familiarize yourself with these general terms before making any orders in the web shop.
Any person making orders in the web shop must be at least 18 years old and he/she must hold a permanent delivery address within the delivery area of the web shop. For example, mail box addresses, hotels and other similar temporary addresses are not regarded as permanent addresses.
Please note that these general terms give you specific rights, and you may have other rights, which vary from jurisdiction to jurisdiction.
2. Your contracting party
Your contracting party in all orders made in the web shop is Marimekko, whose contact details are:
Marimekko Oyj (Business ID 0111316-2, VAT number FI0111316-2)
Address: Puusepänkatu 4, 00880 Helsinki, Finland
Telephone: Customer service
Fax: +358 9 755 3051
3. Product orders and contract formation
Product orders are made in the web shop by adding the desired product(s) to the basket and making the respective payment in the Checkout. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process. Making orders in the web shop requires that you provide us with a valid e-mail address. A contract is concluded when Marimekko confirms the order by e-mail; information contained in Marimekko’s advertising, brochures or other written materials, whether on Marimekko’s web shop or given to you, is for information only and not an offer by Marimekko to supply any product(s). The confirmation includes the price and the costs of delivery of the order, the ordered products, as well as other information required by applicable mandatory legislation.
4. Prices, costs and taxes
The prices only apply to orders made in this web shop. All prices, except on orders to Switzerland, are inclusive of value added tax, in Norway prices also include applicable customs duties. In Switzerland, customer is responsible to pay value added tax, customs duties and 19 CHF handling fee to the freight forwarder. The formulation of delivery costs has been described in these general terms under Section ”Shipping and handling”. Order-specific delivery costs are shown in the basket. Marimekko reserves the right to change the prices and the delivery costs applied to the web shop, provided that any changes shall only apply to orders made after the entry into force of such changes.
5. Methods of Payment
The customer may pay his/her orders by using the methods of payment defined in the web shop. You can read about the methods of payment that we offer at Payment methods. Unless otherwise agreed, Marimekko charges the customer upon making the respective order. In case of invoicing or payment in instalments, Marimekko or its partners may acquire the customer’s credit data from a third party. In such cases Marimekko shall inform the customer of the same. Marimekko reserves the right to exclude certain methods of payment at certain times, or propose to change the method of payment of a specific order, if the method chosen by the customer does not function for some reason. In Marimekko’s online store you can make a payment by using Marimekko’s gift card, except in Norway. The voucher is valid online at Marimekko.com in the country of purchase. Please note that the restrictions on the use of the available methods of payment are stated in the web shop and we recommend that you read them carefully before making any orders.
Finland, Sweden, Norway and the United Kingdom
In Finland, Sweden, Norway and the United Kingdom, the payment services offered in the web shop are provided by Klarna Ab (”Klarna”) (556737-0431, Sveavägen 46, 11134 Stockholm, Sweden). In the Klarna Checkout service, these payment services include invoicing, payment in instalments, credit card and e-payment. More information on these services and their terms are found www.klarna.com or in our web shop when making the respective payment.
France, Germany, Denmark, the Netherlands, Belgium, Italy, Spain, Austria, Croatia, the Czech Republic, Estonia, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, Romania, Slovakia, Slovenia and Switzerland
In France, Denmark, the Netherlands, Belgium, Italy, Spain, Austria, Croatia, the Czech Republic, Estonia, Greece, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, Romania, Slovakia, Slovenia and Switzerland the payment services offered in the web shop are provided by Adyen BV (”Adyen”) (Simon Carmiggeltstraat 6-50 Amsterdam, 1011 D, Netherlands) and PayPal. More information on these services and their terms are found www.adyen.com and www.paypal.com or in our web shop when making the respective payment.
6. Shipping and handling
All costs of delivery of products ordered in the web shop are inclusive of postage and packaging costs. The costs of different means of delivery are shown in the basket when the products have been chosen. Marimekko delivers the tracking code of the package to the customer by e-mail when the products are shipped from Marimekko’s warehouse. Please note that you bear the risk of damage or loss of the products you have ordered when the product has been delivered you. If the packaging appears to be damaged, please do not accept the shipment.
Delivery in Finland
The Posti Economy delivery offered in the web shop will deliver the package to the chosen post office, where it can be picked up. If the customer provides his/her phone number when making the order, he/she will receive the arrival notification also by SMS. The post office will retain the package for seven (7) days.
The Posti Home Delivery delivery offered in the web shop will deliver the package to the address stated in the order. When using this method of delivery, the customer must provide his/her phone number to enable Posti to agree on a suitable delivery time.
The Posti Smart Post delivery offered in the web shop will deliver the package to the package machine chosen by the customer. The order may generally be picked up after 4 p.m on the business day following the date of shipping. The package will be retained in the machine for seven (7) days as of its arrival. The arrival notification and the code of the package machine will be sent to the customer by SMS, and thereby this method of delivery requires provision of a valid telephone number. Orders with coated cotton cannot be delivered to the Smart Post machine.
Package can also be delivered to Marimekko Store. Store notifies the customer with SMS or e-mail when the order can be picked up. The store will retain the package for fourteen (14) days.
Delivery time with all delivery methods is 3-5 business days + shipping, but during sale and other campaigns it can be longer.
Deliveries can be made only to mainland Finland. We do not deliver to Åland Islands.
Delivery within European Union (except Bulgaria and Cyprus), Norway and Switzerland
Our delivery time is 3-5 working days + shipping. During promotions, delivery times may be longer than usual. We do not deliver to the following territories, which do not apply EU Value Added Tax regime: In Germany, Büsingen und Helgoland, in the United Kingdom, Guernsey (e.g. Alderney and Sark, Jersey and Gibraltar, in Italy Livigno and Campione d’Italia, and in Spain the Canary Islands, Ceuta and Melilla. We do not deliver to Greenland and Faroe Islands.
7. Time of Delivery
We will ship the product(s) ordered from the web shop without undue delay after we have confirmed the order, and in any event we use reasonable efforts to ship products(s) within thirty (30) days of the confirmation. In the event a product you have ordered is not available, we may separately agree with you that we will deliver another product that is essentially similar to the original product, provided that the price of the replacement product does not exceed that of the original product.
8. Limitations of Liability
To the extent permitted by applicable mandatory legislation, Marimekko shall not be liable for any economic losses, loss of income, loss of profits, loss of contracts, business or anticipated savings, loss of goodwill, or reputation or special or punitive losses, nor any consequential or other indirect damage. This liability exclusion does not apply in cases of gross negligence or unlawful intent and does not apply to the liability of the seller for death or personal injury caused by the goods to any person or where has been a breach of a fundamental contractual obligation. To the extent permitted by applicable mandatory legislation, there are no warranties, conditions or other terms binding on Marimekko other than those mentioned in these general terms.
9. Return and refund
All sales made through the web shop are classified as a distance sale contract in accordance with applicable consumer legislation. The customer has a right to cancel from his/her distance sale contract by notifying Marimekko via the return form or other form of notice within thirty (30) days after receiving the ordered products. The right to cancel does not apply to fabrics that have been cut-to-order in accordance with the customer’s request or to any other custom-made products. In addition and for health and hygiene reasons, the right of cancellation does not apply to underwear or swimwear, if the product(s) belonging to these categories have been unsealed. Products ordered in the web shop may not be exchanged directly for other products. More specific instructions as to how to return the product are found from Exchanges and returns.
When the customer returns a product ordered from the web shop, and unless otherwise agreed, Marimekko shall return the respective payment, including the costs of delivery, with an aim to use the same method of payment used by the customer when making the original transaction. Marimekko will not reimburse value added taxes, customs duties or handling fee that is paid to freight forwarder in shipments to Switzerland. The re-payment is exclusive of any additional costs of delivery incurred by customer in choosing another method of delivery rather than Marimekko’s standard delivery. In the event of partial returns, the costs of delivery will not be returned. All products must be returned carefully packed, in good shape and preferably in their original box and/or package. The customer shall be liable for any impairment of products that have been used, and Marimekko has the right to deduct from the repayment the difference between the original value of the product and its actual value at the time of the return. If the product may no longer be used due to such use, the customer shall be liable for the full value of the product and, if the customer wishes to have the product re-delivered to him/her, for the costs of delivery of such re-delivery. Products cannot be returned to Marimekko stores, but can be exchanged to different color or size, if those products are available. Customer needs to contact the store directly and enquire a possible exchange; product assortments vary between different stores. Marimekko store contact information can be found from store locator.
If a product ordered from the web shop has been returned to Marimekko in accordance with the above, Marimekko shall make the respective repayment through respective payment service provider as soon as possible and in any event within fourteen (14) days after having received the customer’s notice of withdrawal. Marimekko may however postpone the repayment, until Marimekko has received the product or the customer has provided Marimekko with a certification of the return (e.g. certificate of delivery).
Withdrawal in Finland
If the customer cancels the order in accordance with the above, the customer must return the delivered products within thirty (30) days after having notified Marimekko of the intention to use the right of cancellation, and dropping the package including the returned item(s) at any post office for delivery. The customer must pack the product(s) carefully and add the Posti return label, delivered with the product(s), on top of the return package. If the customer returns the product(s) in its/their original package, the customer must add the return label on top of his/her own address details. When the customer delivers the package to the post office, he/she must ensure that he/she receives a return receipt. The package may not be returned by placing it in a mailbox. Marimekko shall be liable for the immediate and necessary costs of any returns made in accordance with the above, while the customer shall be liable for the costs of any other method of delivery chosen by the customer that exceed the costs of Marimekko’s standard delivery, unless otherwise agreed between the customer and Marimekko.
Withdrawal within European Union, Norway and Switzerland
If the order is cancelled after customer have used his/her right to cancel, the customer must return the products within fourteen (14) days from notifying Marimekko. If returning from Norway or Switzerland, customer must first contact Marimekko customer service per e-mail firstname.lastname@example.org. The customer must pack the product(s) carefully, attach copy of the delivery note in the package with information on products he/she is going to return and add the DHL return label, delivered with the product(s), on top of the return package. If the customer returns the product(s) in its/their original package, the customer must add the return label on top of his/her own address details. After that the customer can schedule a courier collection from local DHL web page (Choose a location (country) > Schedule a courier pick up > e-Return Shipment). Also the contact information of local DHL Service Points and customer service can be found from these pages. Marimekko shall be liable for the immediate and necessary costs of any returns made in accordance with the above, while the customer shall be liable for the costs of any other method of delivery chosen by the customer that exceed the costs of Marimekko’s standard delivery, unless otherwise agreed between the customer and Marimekko.
10. Product Defects
In the event the customer notices that a product bought from the web shop is defective, as defined in applicable consumer legislation, the customer may submit a claim to Marimekko. All claims must be made as soon as possible after becoming aware of the respective defect by using the contact details stated in the web shop.
In the event a claim leads to the product(s) being returned to Marimekko, Marimekko shall be liable for any costs of delivery caused by such return(s).
When a product subject to a claim is returned and the claim is substantiated, Marimekko shall credit to the customer the compensation required by applicable consumer legislation. Marimekko aims to pay the compensation within thirty (30) days after receiving the product(s) subject to the claim, but the actual payment date may vary, depending on the nature of the product(s). If the product(s) re-turned in accordance with this clause are not defective under applicable consumer legislation, Marimekko may reject the claim, and recover the costs of delivery caused by returning the product to the customer (if any).
These general terms are not intended to limit the customer’s legal rights nor Marimekko’s legal obligations related to product defects in any way including, without limitation, repair or replacement obligations.
If you purchased the products in France the following provisions apply:
In accordance with Article L. 133-3 of the French Consumer Code, Marimekko hereby draws your attention to the fact that in addition to any commercial guarantee granted to you, Marimekko is bound by the legal guarantee referred to in articles L. 211-4 to L. 211-13 of the French Consumer Code as well as articles 1641 to 1648 and 2232 of the French Civil Code related to product defects. We recommend that you read the following terms carefully.
In the context of legal warranty of conformity for goods: - This warranty lasts for 2 years starting from the delivery of the item; - The consumer is entitled to choose between repair or replacement of the goods (the seller may only refuse if this results in disproportionate costs for him in comparison with the alternative remedy, taking into account the value of the goods or the significance of the lack of conformity); - During the first 6 months, the consumer does not have to prove the existence of the defect at the time of delivery; it is up to the seller to prove that the goods delivered are in conformity with the order, or are fit for the regular purpose of the product. In 2016, the 6 months time period will be extended to 24 months; -Legal warranty shall not be affected by the commercial warranty and shall be in force independently from and in parallel with such commercial warranty. The consumer may decide to act on the basis of legal warranty on latent defects (article 1641 of the French Civil Code). In this case, the consumer has the option either to return the object and be refunded or to keep the object and have a partial refund in accordance with Article 1644 of the French Civil Code.
Marimekko does not guarantee the availability of all products in the web shop. Marimekko is not liable for any spelling mistakes or incorrect pictures presented in the web shop, nor for incorrect prices or price compensations (such as price changes made by its suppliers or changes in currencies), nor for incorrect information regarding any product’s stock situation. In the event a product ordered by a customer has been given an incorrect price, Marimekko shall notify the respective customer of the same prior to an order confirmation and freeze the order until the customer has accepted the new price. All pictures and photos presented in the web shop are only to be referred to as examples and they may not be relied upon in any way, including in relation to the amount, appearance, functionality or origin of the respective product(s). Marimekko is not liable for any information provided by third parties for the purposes of the web shop.
12. Force Majeure
Unless otherwise required by applicable mandatory legislation, Marimekko shall not be liable for any delays or defects that are caused by impediments beyond Marimekko’s control. These include with-out limitation industrial actions, acts of war and terrorism, fire, lightning, changes in applicable mandatory legislation, technical problems, interruptions in power/telecommunications/computer systems or other communication, as well as delays or defects in services provided by sub-contractors caused by the aforesaid. In the event of such situation, Marimekko shall notify the customer when it starts and when it ends. If the situation has lasted for more than two (2) months, both the customer and Marimekko are entitled to cancel the order made in the web shop with immediate effect.
13. Changes to the General Terms
Marimekko reserves the right to change these general terms at any time. All changes to these general terms are published in the web shop. The changes shall enter into force when the customer has accepted the general terms (when making a new purchase or when surfing on the web shop) and in any event after thirty (30) days of their publication. Marimekko recommends that the customer visit the web shop regularly to gain information on any changes to these general terms.
In the event a competent court, authority or arbitral tribunal rules that any section or term of these general terms is fully or partially invalid or unenforceable, the remainder of such section or term and all other sections and terms of these general terms shall remain valid and enforceable to the largest extent allowed by applicable mandatory legislation. All sections or terms that are held to be invalid or unenforceable shall be replaced by similar valid and enforceable sections and terms.
15. Applicable law and Dispute Resolution
All disputes arising out of or relating to these general terms, the web shop or purchases made in the web shop shall be primarily settled by negotiations with Marimekko’s customer service (contact in-formation in Section 2.), and finally by a competent court as determined by applicable mandatory legislation. In the event of disputes, Marimekko aims to follow any decisions of the Finnish Consumer Complaint Board or an equivalent authority of another EU Member State.
The legislation applied to these general terms shall be determined in accordance with applicable mandatory legislation. Unless otherwise stipulated by applicable mandatory legislation, these general terms shall be subject to the laws of Finland and any disputes arising out of or relating to these general terms shall be settled by the courts of Finland.