Terms and conditions
BPC Instruments AB - Updated 2020-09-09
- The following terms of sale and delivery (hereinafter referred to as "the terms") apply to the sale and / or delivery of product / service (hereinafter referred to as "the goods" or "service") from BPC Instruments AB (hereinafter "BPC") to traders, organisations and authorities ('the customer').
- The terms apply unless otherwise explicitly and in writing is agreed between the customer and BPC, and regardless of whether the agreement has been concluded via the Internet, e-shop, e-mail, fax, telephone or in any other way.
- It is a prerequisite for the customer's purchase that these terms are accepted and the customer is asked to read the terms thoroughly.
2. Information concerning agreement
- All product information and technical data and functionality are for guidance only. The customer is fully responsible for the choice of the product / service below, that the goods / service can function in the customer's intended environment.
- All quotations are subject to intermediate sales. If no specific acceptance deadline is specified, the quotation will cease to apply if BPC has not received an approval within 30 days from the date of the offer. An agreement has been concluded when both parties agree and have accepted the same content of the agreement.
- Until the customer's approval has arrived at BPC, BPC is entitled to enter into agreements with third parties with respect to the offer with the effect, that the quotation to the customer ceases. BPC shall inform the customer in writing that the quotation will expire after the approval has reached the seller without undue delay.
- The customer's order intake requires registration as a customer in BPC´s customer register.
- When registering with the BPC customer register, it is also possible to send relevant information about activities and offers that can benefit the customer. This is done either via electronic marketing sent to the e-mail address specified in the registration. The customer can subsequently unsubscribe at any time, sent from BPC on either website, e-news or through direct contact to customer support: email@example.com For further information, see our description of GDPR here.
- Every supply of goods / services, price information etc. on the BPC website and in sales material, catalogs etc. is only to be considered as an offer and is therefore not binding on BPC.
- The final agreement between the customer and BPC is considered to have been concluded when BPC, after receiving the customer's order on its server, has sent a written order confirmation by e-mail with details of order number, name and address, payment terms, delivery address and an overview of the ordered product / service.
- The customer is encouraged to print out the order confirmation immediately upon receipt, as it may be relevant for return or complaint.
- Payment terms are 100% in advance through Credit Card.
3. Delivery and delivery time
- All deliveries are according to Incoterms 2012, Delivered at Place (DAP) unless otherwise agreed. Delivery is considered to have taken place at the moment the item has been collected by BPC´s designated freight forwarder at BPC's warehouse facilities. Responsibility and risk are transferred according to the incoterm, unless otherwise agreed in writing.
- The delivery time depends on the size of the order, the nature and what is otherwise agreed between the customer and BPC. The delivery date stated by BPC is approximate and thus non-binding for BPC, unless it is expressly agreed upon a fixed delivery time for the entire order or parts thereof.
- If delivery as a result of the customer's circumstances cannot be carried out, the goods are left at the customer's own risk. For this reason, BPC has the right to charge warehouse rent, overheads etc.
- In the event of delays, the customer can terminate the agreement only if the delay exceeds 3 weeks and there is talk of standard goods. In this case, the customer is entitled to reimbursement of the amount already paid, and the customer can thus not make other claims in respect of the delay that has arisen. As a starting point, special goods cannot be canceled.
e. If the contract with the customer comprises several goods / services, and there are delays or shortcomings in part of the delivery, the customer is obliged to pay for the goods / services that are delivered at the right time and / or without deficiencies. If, according to these terms, the customer is entitled to cancel the agreement, this cancellation only applies to the delayed or defective part of the delivery.
4. Prices, handling costs and payment
- Prices and handling costs
- All prices are exclusive of VAT, fees, handling costs, etc. Reservations are made for price changes and exchange rates, which may occur right up to delivery – also if the supplier's price increases.
- If the price of a commodity / service increases by more than 10% between the conclusion and the delivery of the agreement If the customer is notified in writing, the customer can withdraw from the contract without compensation immediately after the customer has become aware of the price change.
- On all orders / deliveries, there is a shipping cost of at least EURO 50: - excl. VAT, unless otherwise agreed.
- Cards for payment - Payment for orders at webshop can be made with the following cards: Visa, Visa Electron, Mastercard, Maestro, American Express, Diners, Discover. BPC uses a payment gateway (NETS), which ensures that all card data is sent encrypted, and all information provided is secured.
- BPC reserves the right to own the Goods, as long as full payment has not been received for the ordered goods.
- The customer undertakes not to use BPC´s written consent to dispose of the goods in a manner that may impair BPCs security in the goods, including but not limited to pledging, leasing or loaning the goods.
The delivery time is determined by BPC at the best estimate according to the terms and conditions that exist at the time of the conclusion of the order / agreement. Unless otherwise expressly agreed, a postponement of the delivery time is considered to be 25 days due to BPC´s conditions in all respects as a timely delivery, so that the buyer cannot therefore exercise any powers against BPC.
If delayed delivery is due to the fact that BPC is in a situation as stated in Clause 11.a, the delivery time is postponed by the time the obstacle lasts. However, both parties have the right to terminate the agreement without liability when the obstacle has lasted for more than 3 months. This provision applies regardless of whether the reason for the delay occurs before or after the end of the agreed delivery time.
In the above-mentioned case, BPC shall without undue delay notify the buyer of changes in the delivery time.
7. Right of return
- The customer has the right to return (standard goods) until five (5) working days after delivery at the address stated by the customer. The product must be returned unused and in original packaging. Special goods cannot be returned unless the product deviates significantly from the agreed requirements specifications. The customer is responsible for the costs of returning goods to BPC, and carries the risk of the goods itself to reception by BPC.
- Goods returned must be provided with a return number issued by BPC. The return number is obtained by contacting firstname.lastname@example.org with the customer name, customer number, order number and item number. Shipments not authorized by return number will be rejected.
- Goods are only taken back in return after prior agreement and invoice / order number must be informed and follow the goods. In the case of incorrect purchases (the customer's own responsibility), there will be a deduction of 10% of the price of the product, however min. EURO. 50: -. This will also apply when returning after five (5) working days. Specialty goods are not normally returned, but if agreed, BPC may demand a deduction from the price of the goods corresponding to the cost BPC is imposed.
Note: shipping costs, handling costs and fees are not credited.
- Packaging is taken back only after special agreement.
9. Product information
- Sketches, specifications and the like, which have been issued by BPC before or after the conclusion of the agreement, remain BPC´s property and may not be passed on without written agreement or otherwise misused.
10. Product changes
- a. BPC reserves the right to make changes to the agreed specifications without notice, if this can be done without the disadvantage of the buyer.
11. Complaints - transport damages, errors and faults
- Upon receipt of shipments, the customer is obliged to investigate without delay the goods that good business practice requires. If the packaging shows visible damage, the customer must immediately receive in writing with reservation on the consignment note (CMR) and make a written claim in accordance with the delivery condition. Compensation liability will be met in accordance with the terms of delivery. In the case of invisible transport damage, the customer has 7 working days to make claims against the freight forwarder, the insurance company and BPC.
- BPC does not accept complaints of transport damages and lost items, where the buyer has entered into an agreement / power of attorney with a third party (the freight forwarder) that these can be placed on the delivery case without acknowledgment from the recipient.
- In case of defects, the buyer shall immediately inform BPC of these without undue delay. According to BPC's criteria, deficiencies of the sold items will be remedied according to the Swedish purchasing law and contractual agreements with BPC. If it is not arised in due time, the right to prove deficiencies has fallen away.
- The complaint period is limited to 12 months from delivery. Thus, after the end of the complaint period, the customer cannot claim deficiencies. For third-party products, the time limit for complaints is in accordance with applicable regulations for the subcontractor. Replacement or repair does not mean that it runs a new 12-month complaint period.
- BPC is without responsibility for errors and shortcomings such as dependant on changes made by the customer, repair done by others than BPC or BPC's service partner, software-related errors, loss of data and lack of backup hereunder in connection with repair, remediation and service, etc., incorrect installation, treatment, water damage, fire, unstable voltage , incorrect mains connection or consequential failure due to the use of other connected equipment.
e. No additional guarantee is provided by BPC, unless it has been expressly agreed in writing. Warranty and service obligations, in addition to what has been expressly agreed in writing with BPC.
12. Responsibilities and limitations of liability
- BPC is not liable for damages in case of delay or deficiencies in the goods / service. BPC thus disclaims any responsibility for consequential losses and / or indirect losses under operating losses, loss of earnings, lost income, loss of data and / or other indirect losses and expenses in connection with re-establishment / updating etc. due to shortcomings of the sold items.
- BPC product liability is limited to the responsibility that follows from the Product Liability Act, and BPC thus disclaims any responsibility for product damages on other grounds. The customer is obliged to notify BPC in writing, without undue delay, if a product liability damage has occurred or that there is a danger that such damage will occur.
13. Personal information - gdpr
- BPC's processing of personal information takes place in compliance with the Personal Data Act and the Data Protection Regulation, GDPR. The customer can contact BPC when information is requested about which data is held and processed about the customer or if the information is desired to be deleted or corrected. Information such as the customer's name, company address / department, e-mail and possibly phone number is only used to fulfill the customer's order and inform the customer if unforeseen problems arise. Under no circumstances will BPC pass on the customer's information to third parties in addition to persons who work with data processing, who deliver services to BPC according to BPC approved data processing agreements. Retransmission in addition to this will only be possible with the customer's consent.
14. Force majeure
- If an extraordinary situation occurs, which is outside BPC´s control, and which after the purchase law is considered to be force majeure, BPC´s obligations will be canceled during the period the extraordinary situation lasts. In such an extraordinary situation, the customer can terminate the agreement with BPC if the situation lasts or is assumed to be longer than 60 days, and in these cases then only with 14 days notice.
- BPC cannot be held responsible for obstacles that are beyond our power, such as production disruptions, thunderstorms, long-term power outages, strikes or other unforeseen events.
15. Law and litigation
- Disputes between the customer and BPC on account of these terms and conditions shall be settled in accordance with Swedish law at the Court of Lund.
- If one or more provisions of these terms and conditions can be considered invalid, the remaining conditions shall remain valid between the customer and BPC.
- BPC, in whole or in part, transfer and relinquish its rights and obligations to third parties, including the exercise of its rights and obligations in whole or in part by subcontractors. If there is no written consent from BPC, the customer may not assign rights or obligations to third parties.
GDPR - Data Protection Regulation
As part of protecting the integrity of EU citizens, a new regulation was adopted in 2018, where we as a company must ensure that your personal data is stored and used safely and correctly.
All information about you is personal, but some information is more private and sensitive than other. Personal information is therefore divided into 3 categories:
Our customer database
|General personal information||- Name
- IP address
|We request some of these information for our customer database.
We do not have any of these information:
|Sensitive data||- Race
- Ethnick background
- Political, religious or philosophical beliefs
- Trade union affiliation
- Genetic and biometric data regardin unambiguous identification
- Health information
- Data on a person´s sexual relationship or orientation
|We have no such information about you|
|Offenses||- Legal penalties
- Violations of the Law
|We have no such information about you|
By shopping with BPC Instruments AB, we ask you, as a person, for some information, which must ensure that the purchase is handled and documented correctly. It is a requirement in the Accounting Act that Invoices must be saved for 7 years, so we must save some information about you.
We want to emphasize that we exclusively provide service and deal with private and public companies and not private individuals. Therefore, we will never ask you for sensitive information. When registering in our customer database, we use this information about you:
|We require||Information will be used for|
|Your name||We shall know who has ordered goods from the customer|
|Your E-mail address||This is your work email, which we will use to send quotes, order confirmations and other correspondence regarding the purchase and follow-up hereafter.|
|Telephone number||We will be able to get in touch with you, if there are follow-up questions in connection with the purchase. This is your phone number assigned to you by your employer, and therefore not your private phone number.|
|Department||We shall be able to indicate on the shipment, to what place the goods will be with you.|
As previously stated, we only deal with companies, we will of course also request this information, but these information is not personal information and is therefore not described here.
General information about you
We only request information related to the company (organization number) we deal with. It is therefore never with private intentions that we save your information.
Use of your information
In addition to documentation requirements from The Accounting Act, we also use your information in connection with marketing, where we select customers (not you as a private person), who have bought or not bought specific products. The selection is generally at the customer level, where we send printed material, e-mails etc. to the contacts created at the customer level, e.g. If we want to send marketing material that we believe can be of your interest.
Based on the company you are employed with and the purchased goods, we allocate areas of interest, which we can register and thus choose the relevant recipients of relevant information. In that respect, it is not you as a private person we turn to, but as a representative of the company you are employed with.
Where is your information located?
We use servers that are behind secure firewalls with strong encryption. The information is shared between several systems, which we use to help you in the best possible way and give you the best possible experience by shopping with us. To the extent that your information is in the system, which is handled by our suppliers, these suppliers are covered by a data processing agreement with us, so we can ensure that your information is only passed on with your knowledge and acceptance. You can always ask to see our structure of these systems and which of your information exists.
You also have the right to remove your information from us if you wish. You are always welcome to contact our data controllers, if you have questions or wish to deepen our policy for personal data.