Dometal Oy’s B2B online store user and contractual terms and conditions
These Dometal Oy’s (hereinafter “Dometal” or “Seller”, business ID FI2215928-2, address Kotimäentie 1, 32210 Loimaa, Finland) B2B online store (“Online Store”) user and contractual terms and conditions (“Terms and Conditions”) apply between Dometal and the business customer (“Customer”) when the Customer uses the Dometal Online Store to order agricultural or other products or related spare parts (“Product”) sold by Dometal in mainland Finland. If the Customer wishes to order Products somewhere other than mainland Finland or abroad, the Customer is urged to contact Dometal’s spare parts store.
The Customer may only be a company or organisation that has a valid business ID. The Online Store is not for the use of consumer customers.
These Terms and Conditions are valid from 4 October 2021.
1. Access and registration
The Customer may order Products from the Online Store as a registered user.
If the Customer wishes to register as a user of the Online Store, it must register and create an account in the Online Store from the register link. Registration requires a valid business ID, functioning email address, postal address in Finland and the provision of other compulsory information to Dometal when the Online Store registration process so requests. Registration is free of charge. The Customer is responsible for the accuracy of the information it provides, and is obliged to inform Dometal of any changed information without undue delay.
When a Customer registers as a registered user, it must create a username and password for the Online Store. The Customer is responsible for all its use of the Online Store occurring through its username and password (“Login Information”). The Customer’s Login Information is personal and may not be disclosed to or given for the use of a third party.
If the Customer’s Login Information disappears or the Customer suspects that it has disappeared, the Customer may ask Dometal in writing for the return of its Login Information. If Dometal suspects that Customer’s Login Information is being used in violation of these Terms and Conditions or otherwise without the Customer’s permission, Dometal has the right to block the use of the Customer’s Login Information without prior notice to the Customer.
2. Customer information, cookies and data protection
The Customer’s personal information (e.g. Login information) is processed in accordance with valid European Union and national legislation (including the EU’s General Data Protection Regulation, 2016/679 and the Finnish Data Protection Act 1050/2018).
The Online Store uses cookies. Further information about how Dometal processes its Customers’ personal information and cookies can be found in Dometal’s data protection notice.
3. Ordering and Product information
The Customer orders Products in writing through the Online Store. An order binding on the Customer is created when the Customer sends its order through the Online Store. A contract binding on Dometal is created when Dometal sends the Customer a written order confirmation. Before ordering, the Customer must carefully check the content of its order.
Dometal reserves the right not to accept an order. Dometal reserves the right to cancel the order confirmation at any stage before the Customer has received the ordered Products, if Dometal has valid and legal cause for cancellation (e.g. a technical or human price or product error). If Dometal cancels an order after order confirmation has been sent and the Customer has already paid for the order, Dometal will refund the money received without delay.
Dometal is not responsible for the failure of the Customer’s order to be delivered due to a failure of the data network or communication connection. In unclear situations, Dometal urges the Customer to contact Dometal’s customer service.
The Customer is asked to carefully read the Product information and dimensions in the Online Store, to ensure that it orders the correct Product. The most important information to check is listed in the Product information. Product images are not to scale and are merely indicative.
Products are constantly being added to the Online Store. If the Customer does not find the Product it is looking for in the Online Store, it should contact Dometal’s customer service. The Customer may order some Products from the Online Store and some from the spare parts store.
Dometal endeavours to ensure that the information in the Online Store about the Products is up-to-date and accurate, but cannot guarantee the accuracy of the information and Product images, nor the availability of the Products for sale.
4. Prices of the Products and possible pricing deviations
The Product prices are shown in euros (€) excluding VAT but subject to VAT. Dometal updates the Product prices and delivery costs from time to time.
All prices are valid until further notice. Dometal reserves the right to change the prices and delivery costs. The Online Store may also have short-term discounted prices that are valid for a limited period. Dometal does not guarantee the same price for the Product in the Online Store and the spare parts store.
Product prices do not include delivery costs. Delivery costs are determined by the weight and size of the order as described in the section of these Terms and Conditions entitled “Delivery and Delivery Costs”. At the end of the ordering stage before sending the order, the Customer sees in the Online Store the final price of the Products including delivery costs. In the case of delivery by freight, Dometal reserves the right to revise the price of the delivery after the delivery has been agreed in writing between the carrier and Dometal.
The price of the Product ordered by the Customer is the price described in the order confirmation, unless the price is considered incorrect due to a clear pricing or other error (for example, an abnormally low price). Dometal reserves the right not to sell the Product to the Customer at an abnormally low price or due to any other clear error, despite having sent an order confirmation. In such a case, Dometal will refund to the Customer the price and delivery costs that it has paid for the Product.
Dometal reserves the right to correct and adjust prices resulting from technical and human errors.
5. Product availability and order cancellation as a result of availability problems
Dometal does not guarantee Product availability or whether Product availability information displayed in the Online Store is necessarily correct. Dometal endeavours to ensure that all Products are available from the Online Store within a reasonable delivery time.
If Dometal informs the Customer of a longer delivery time for the Product than that agreed between Dometal and the Customer in the order confirmation, the Customer has the option to accept a longer delivery time or the delivery of a replacement Product for the delayed Product. In such a situation, the Customer also has the right to cancel the order for the delayed Product free of charge, whereupon Dometal will refund to the Customer the price and delivery costs of the Product. The order shall otherwise remain valid as agreed in the order confirmation.
If the delivery time of the Product differs significantly from what Dometal has indicated and Dometal is unable to deliver the Product within a reasonable length of time, Dometal has the right to cancel the order and refund to the Customer the price and delivery costs of the Product.
6. Delivery and delivery costs
Products are delivered to the Customer either by post for collection or directly to home, or by freight to mainland Finland (excluding the Åland Islands). Delivery is made to the postal address given in writing by the Customer. If it so wishes, the Customer also has the right to collect the Products it orders from Dometal’s spare parts store. The Customer must assist in ensuring that the order can be properly delivered, for example by providing the correct information and practical instructions for the delivery of the order.
Dometal reserves the right to change the selected delivery method owing to the dimensions of the Product packages. The change of delivery method does not affect the delivery costs paid by the Customer, except in the case of freight, for which the delivery costs are always specified on a case-by-case basis. Dometal endeavours to deliver the Products in a single batch, but also reserves the right to do deliver them in one or more partial deliveries. Dometal will send the Customer separate delivery tracking numbers with each delivery.
The delivery costs of the Products and the available delivery methods and freight rates are affected by, among other things, the weight and dimensions of the Products ordered, general availability and the desired delivery time.
Posti; Parcel
Parcels of less than 30 kg. Not delivered on a pallet. The place of collection is determined according to the postcode on the delivery address given by the Customer. Posti informs the Customer when the parcel is available for collection. The parcel must be collected according to Posti instructions. Dometal will charge a new postage fee if an unclaimed parcel is returned to Dometal and needs to be resent.
Delivery costs €12.50 including VAT
Posti; Home parcel
Like a parcel but Posti delivers it directly to the delivery address, usually on the following working day. Posti informs the Customer directly and agrees on the time of delivery.
Delivery costs €20 including VAT
Freight
Dometal uses the external carrier it considers best.
Over 25 kg and parts that are not good for Posti parcel.
Minimum 50 €+ additional cost based on the weight
For example:
50 kg freight cost 50 € + 0,25 x 50 = 62,5 €
100 kg freight cost 50 € + 0,25 x 100 = 75 €
200 kg freight cost 50 € + 0,25 x 200 = 100 €
/ incl. VAT.
Collection from the store in Loimaa
No delivery costs. Dometal informs the Customer when the order is ready for collection.
Whether the Products are delivered by post or freight, the contractual relationship for the delivery of the Products is between the Customer and Posti or the Customer and the carrier, in which case the contractual terms of Posti and/or carrier apply.
7. Delivery time, receiving the Products and consequences of failing to receive them
Dometal endeavours to deliver the Product to the Customer as soon as possible. The general delivery time for Products by post is 1–2 working days, and by freight 1–4 working days. If the Product is in Dometal’s warehouse, Dometal endeavours to send the Product to the Customer the following working day. Delivery times for freight Products are given separately and can be, for example, 4–6 weeks. Product delivery time is significantly affected by the selected delivery method, delivery address and time of ordering the Products. If the Products are ordered for collection from Dometal’s store in Loimaa, Dometal informs the Customer separately about the time for collecting the Products.
Product delivery times given by Dometal are estimates. If the delivery of a Product is delayed from the estimated time, Dometal endeavours to inform the Customer about the delay as soon as possible, and to suggest a new delivery time according to what is possible.
Dometal is not liable for damages suffered by the Customer as a result of the delay of Product delivery, irrespective of the reason for the delay.
If the Customer does not collect the Products in accordance with the selected delivery method, the delivery terms of Posti and/or freight carrier will apply to the uncollected Product. If the Product is returned to Dometal as a result, the Customer has the right to collect the returned Product from Dometal or ask Dometal to resend the returned Product to the Customer within 14 days of Dometal notifying the Customer, unless otherwise agreed. In the same context, the Customer agrees that Dometal shall be entitled to charge the Customer for all additional delivery, storage and other costs incurred by Dometal as a result of the returned delivery. Dometal has the right to charge the Customer for delivery costs in accordance with the selected delivery method in addition to the previous delivery charge, if Dometal re-sends the Product to the Customer.
If the Customer has ordered Products for collection from the store, they must be collected within 14 days of Dometal announcing that the Products are available for collection, unless otherwise agreed. If the Products are not collected by the above-mentioned deadline, Dometal has the right to keep the Products in its possession until the Customer collects them. Dometal is not obliged to give the Products to the Customer in the above-mentioned situation, before the Customer has paid Dometal for all costs arising from storing the Products.
If the Customer has not collected the Product within 30 days of being notified that the Product is available, and Dometal and the Customer have not agreed on a longer storage period, Dometal has the unilateral right to cancel the transaction and return to the Customer the amount paid for the Product, less any costs incurred by Dometal in connection with the cancellation. Dometal has the right not to refund the price of the Product to the Customer if the costs related to cancelling the transaction exceed the price of the Product. In such a case, Dometal also has the discretionary right to charge the Customer other costs arising from it insofar as they exceed the price of the Product.
8. Product inspection and complaints
The Customer must inspect the delivered Products without undue delay once they have been handed over to the Customer, however no later than within thirty (30) days of the Products having been received.
If the Product is wrong or otherwise exhibits a fault, the Customer is asked to contact Dometal’s customer service, either in writing or by telephone. Product inspection and complaints do not apply to faults covered by warranty, for which the Customer’s rights are specified in these Terms and Conditions based on applicable legislation.
9. Payment methods
The payment methods accepted in the Online Shop are online payment and the payment cards accepted by the Online Shop at the time (for example, debit or credit card).
For online payments, Dometal uses third-party payment services (e.g. Paytrail Oyj), which work in cooperation with banks and credit institutions. If the Customer uses online payment, Paytrail Oyj is indicated as the invoicer of the Product. Payment in the Online Store is protected and no third party can view the payment information.
10. Retention of ownership clause
Dometal retains right of ownership to the Products until the Products have been fully paid for.
The Customer undertakes to mark and separate the Products subject to the retention of ownership clause from its other assets, also when storing them. The Customer is not entitled to sub-license the Products subject to the retention of ownership clause or to attach them to other property, nor to assign any other rights of the owner to the Products subject to the retention of ownership clause.
11. Right of exchange and return
Products ordered from the Online Store are not subject to a general right of exchange or return.
However, in an individual case, Dometal may, but is not obliged to, agree to exchange or return the Product under separate agreement.
If Dometal has agreed to exchange or return a Product, the Customer shall, at its own expense, deliver, exchange or return the Product unused, in its original condition, to the address indicated by Dometal without delay and no later than within 14 days of the separate agreement.
Dometal is not obliged to accept such Products after the aforementioned deadline. If the Customer returns the Product after the aforementioned deadline, Dometal is entitled to return the Product to the Customer, to refrain from refunding the selling price of the Product and to charge the Customer the full cost of returning and shipping the Product.
12. Product warranty
Product warranty covers manufacturing and material defects in the Product.
The warranty does not cover defects caused by normal wear and tear of the Product, use of the Product contrary to the instructions of the Product manufacturer, accident, improper handling or use of the Product or any other cause attributable to the Customer.
As a rule, the warranty period is one (1) year from the date of delivery of the Product. If the warranty period deviates from the above, the Customer will be notified of this for the Product concerned.
If the Customer believes that the Product has a defect covered by warranty, the Customer must notify Dometal of this within the warranty period. The Customer must also send the Product back to Dometal for inspection without undue delay. If Dometal considers that the Product has a defect covered by warranty, Dometal will either repair it free of charge at its own discretion, or send the Customer a new Product free of charge. If no defect covered by warranty is found in the Product, Dometal reserves the right to charge the Customer for the costs incurred by the warranty inspection.
The warranty does not cover any loss of use of the Product or any other inconvenience or damage caused by any defect, deficiency or failure of the Product to perform under warranty. If the Product is a spare part, the Product warranty does not change or extend the warranty period for the actual machine or device to which the spare part belongs.
End-of-life products sold online may have different warranty conditions to those described above, which will be stated separately in the information on the end-of-life product concerned.
13. Force majeure
Dometal is not liable for any delay or damage caused by an impediment beyond its control, which it could not reasonably have foreseen or the consequences of which it cannot avoid.
Force majeure includes war, insurrection, natural disaster, prohibition or order by a public authority, industrial action, disruption of the public telecommunications network, widespread IT disruption, staff sickness, import and export bans, epidemic or pandemic situations, and disruption to transport.
If force majeure continues for more than three (3) months, both Dometal and the Customer have the right to cancel the order that has been delayed, without the risk of penalties for damages or delay.
14. Rights related to the Online Store and third-party material
The Online Store belongs to Dometal in its entirety, and all its related rights rest with Dometal or a third party. Copying the content of the Online Store or part thereof is forbidden. The use of any Product information or images, brands, trademarks or other identifiers available in the online shop, other than in accordance with the law in force at the time, is prohibited.
The Online Store may have links to websites and content owned or maintained by third parties. When the Customer visits such sites, it must read and accept their possible Terms and Conditions of use. Such sites are not owned by Dometal and Dometal is not responsible for their content, use, usability or possible damage caused to the Customer’s terminal devices.
15. Damages
Based on the contract between Dometal and the Customer for these Terms and Conditions, Dometal is not liable for indirect damages suffered by the Customer.
With regard to direct damages, Dometal’s liability is limited to the value of the faulty Product and to reasonable costs for its delivery at the time of sale.
16. Limitation of liability concerning use of the Online Store
Dometal does not guarantee that the Online Store can be used without interruption or faultlessly. The Online Store is at the Customer’s disposal in the form that it is in at the time. Dometal reserves the right to make changes to the Online Store, or to limit access to the Online Store at any time. Dometal is not responsible for the usability, availability or faultless operation of the Online Store. Dometal provides the Online Store such as it is.
Dometal endeavours to inform Customers in advance of interruptions in the availability of the Online Store on the front page of the Online Store. Dometal reserves the right to cancel an order made by a Customer if, when making the order, the Customer has broken or circumvented the law or these Terms and Conditions, or has provided incorrect or inappropriate information, or if a technical problem occurred in the Online Store when the order was made.
17. Changes to these Terms and Conditions
Dometal has the right to change these Terms and Conditions without prior notice. The Customer accepts these changes when using these Terms and Conditions. The contractual Terms and Conditions valid at the time can be viewed on the website of the Online Store. The Terms and Conditions applicable to the order and sale of the Products are those in force at the time of delivery of the order confirmation.
18. Applicable legislation and resolution of disputes
Dometal’s Online Store and these Terms and Conditions are subject to Finnish law with the exception of the connecting factor rules. These Terms and Conditions are subject to the Sale of Goods Act (355/1987), insofar as other kinds of terms and conditions have not been agreed in these Terms and Conditions. The parties will primarily endeavour to resolve disputes through negotiation. If no settlement is reached, disputes will be resolved by the District Court of Southwest Finland.
19. Customer service
If you have questions or problems, please contact Dometal’s Customer service either by telephone at 0108437020 or e-mail at webvaraosa@dometal.fi.