tink GmbH | General Scope of Application
General | Scope
These general terms and conditions ("Terms") apply when you as a consumer ("Customer") place an order via the Website. The Terms are only applicable to the Customer who is a consumer and who places orders via the Website.
As stated above, the contract for a purchase via the Website is concluded between you and tink.
In order to place an order on the Website, the Customer must be at least 18 years of age. tink does not, under Swedish law, accept credit purchases to persons under 18 years of age.
tink reserves the right to make final sales and any typographical errors on the website, such as errors in product description or technical specification, incorrect prices and price adjustments (such as price changes from suppliers, currency changes) or incorrect information regarding whether an item is in stock. tink has the right to correct any such errors and to change or update the information at any time. All pictorial information on the website should be regarded as illustrations only. Such illustrations cannot be guaranteed to represent the number of items the customer will receive or the exact appearance, functions or origin of the item.
The website and its content are owned by tink. The information is protected by, among other things, intellectual property and marketing laws. This means that trademarks, company names, product names, images and graphics, design, layout and information about goods, services and other content may not be copied or used without the written consent of tink.
These general terms and conditions shall apply to the exclusion of all other terms and conditions. The Customer's deviating, conflicting or supplementary general terms and conditions only become part of the agreement if tink has accepted them in writing.
References in these general terms and conditions to the application of statutory provisions are for clarification purposes only. Consequently, the statutory provisions shall apply even if no such clarification is made, unless the statutory provisions are supplemented or expressly excluded in these General Terms and Conditions.
For practical reasons, these General Terms and Conditions refrain from using feminine, masculine and different forms of language simultaneously and use the generic masculine. All references to persons apply to all genders.1.8
Registration on the tink website
tink recommends that the Customer creates a user account before the Customer shops on the Website. When the Customer registers their User Account and/or is about to place an order, the Customer will be asked to provide certain personal data. The Customer confirms that the information provided by the Customer is correct and complete and is responsible for any incorrectly provided information. Information about tink's processing of personal data can be found in tink's Privacy Policy, read more here.
The Customer is obliged to provide complete and correct information when registering and to keep his/her customer data up to date at all times. The Customer must ensure that the information available in his customer account is up-to-date and correct.
The Customer may only have one Customer Account. The Customer shall ensure that the customer identification and passwords obtained by the Customer when registering on the web portal are stored, kept and used in a secure manner and that third parties do not have access to them. In the event of unauthorised use of the password or customer account, or any other known or suspected breach of security or misuse of the Website, the customer is obliged to inform tink immediately. The Customer is responsible for any unauthorized use of the Customer Account.
The Customer is solely responsible for the content of the data ("Content") displayed, published, uploaded, stored, exchanged or transmitted by him via the online portal. The Customer shall in particular ensure that the Content does not infringe the rights of third parties. The Customer has no obligation to store or publish Content, such as product reviews.
The Customer is solely responsible for the content of the data ("Content") displayed, published, uploaded, stored, exchanged or transmitted by him via the Site. In particular, the Customer shall ensure that the Content does not infringe the rights of third parties. The Customer has no obligation to store or publish Content, such as product reviews.
tink may monitor the Customer's use of the Website and block the Customer's access to the Website if tink considers that the Customer is in breach of the provisions in paragraphs 2.3 to 2.5.
Both tink and the Customer have the right to terminate the Customer Account at any time with immediate effect.
Agreement and Order
The offer of goods on the web portal must be confirmed. By clicking on the "Complete purchase" button, the customer places a binding order for tink for the goods in the shopping cart and thus enters into a binding contract.
In order to make a purchase via the Website, the Customer must accept the Terms and Conditions. By accepting the Terms, the Customer undertakes to comply with the Terms in full, and acknowledges that he/she has read the information on personal data and agrees to the use of personal data and cookies as set out in tink's Privacy Policy, see here.
A purchase agreement is only concluded once tink has confirmed the Customer's order and the Customer has received an order confirmation from tink by email. tink invites the Customer to save this order confirmation for any contact with tink's customer service. The Customer may cancel his/her order until it has been confirmed. If the order is cancelled, any payments made by the Customer or its payment or credit card company in respect of the order will be refunded.
tink will not save the text of the contract including these general terms and conditions after the contract has been concluded. The text of the contract will then no longer be available to the customer.
If the Customer has not reached the age of eighteen (18), he or she must have the consent of his or her legal representative in order for the agreement with tink to be effectively concluded.
Delivery | Delivery times | Transfer of risk | Reservation of title
The delivery of the goods to the customer is usually not carried out by tink, but by a third party that tink has engaged and from whom tink purchases the goods ("tink partner"). The delivered goods remain the property of tink or the respective tink-partner until full payment has been made. Goods in stock are normally delivered within the number of working days indicated on the Website.
The expected delivery time of the goods is indicated in the order confirmation, at the checkout and/or on the relevant goods page on the Website. In the event of a delay in delivery, tink will notify the Customer and continue to monitor the order. In the event of a delay in delivery, the Customer has the option of cancelling the order if the proposed delivery time is not accepted. The amount will be refunded within a maximum of 14 days, usually within 2-5 working days.
tink shall not assume any purchase risk for goods vis-à-vis the Customer, even if it concerns a purchase agreement for a generic good. tink shall therefore only be obliged to deliver from its warehouse or from the warehouse of the relevant tink partner. In the event that goods are not available, tink shall immediately reimburse the customer for all advance payments made by the customer.
If parcels are to be redeemed, the Customer must do so within the time specified in the notification. Packages must normally be collected in person with valid identification and parcel ID. The Customer will always receive a notification showing where and when parcels are to be collected. Notification can be made by e-mail, regular mail and, if the Customer has provided a mobile phone number, also by telephone call or SMS.
tink is entitled to make partial deliveries insofar as this is reasonable for the Customer. tink is not obliged to make partial deliveries.
In the event of the return of goods due to incorrect or incomplete delivery or address details provided by the Customer, and if the Customer fails to arrive on an agreed delivery date, tink reserves the right to charge the Customer for all costs (in particular transport and storage costs) and handling charges incurred as a result.
If tink has delayed delivery, this shall be determined in accordance with the statutory provisions. Nevertheless, a reminder from the customer is required in any case.
Consumers' legal right of withdrawal | Return of goods
When purchasing goods on the Website, the right of withdrawal is always 14 days in accordance with the applicable consumer protection legislation. This means that the Customer has the right to withdraw from the purchase by notifying us within 14 days of receipt of the ordered goods by the Customer or the Customer's representative (withdrawal period).
When returning goods, the Customer is obliged to return the goods complete, in their original condition, intact and without damage. For this purpose, he or she may request, print and use a printable return form on the web portal or by e-mail to service@tink.net.
If the subject of the contract is the purchase of a package of goods consisting of several individual goods at a total price ("package") and the customer cancels the contract only in parts, all discounts granted by tink for the purchase of the package compared to the price of the individual goods shall be forfeited. tink reserves the right to demand a corresponding additional payment of the purchase sum in this case.
The right of withdrawal does not apply to the following types of goods: (A) digital content delivered by means other than on a physical medium (e.g. computer programs, applications, games, music, videos or texts where access is by download from or direct playback).
By accepting the Terms, the Customer agrees that the right of withdrawal does not apply to digital content delivered other than on a physical medium.
When ordering goods for which the right of withdrawal does not apply, the Customer will be clearly informed of this. If an item has been sealed, the Customer must not break the seal in order to exercise the right of withdrawal. The right of withdrawal therefore ends when the Customer breaks the seal. Sealing also refers to technical sealing (e.g. serial number).
If the Customer wishes to withdraw from the purchase, before the withdrawal period has expired, the Customer can fill in the following form and send it to tink GmbH, Wallingatan 34, 111 24, Stockholm, to the e-mail address service@tink.net or via the contact form on the website. You can use our own form for this purpose, but it is not obligatory. The customer must include his/her name, address and other relevant information, e.g. order number, invoice number and name of the goods in the message. Alternatively, you can use the standard form for exercising the right of withdrawal found on the Swedish Consumer Agency, see here .
tink bears the costs of all types of returns if the Customer uses the return label provided by tink. If the Customer does not use the return label to return the goods, the Customer shall bear the costs of the return freight. In these cases the costs vary between 200kr to 500kr depending on the weight of the goods, 3-10kg, and the choice of supplier. You can read more about the suppliers we work with here . The Customer is responsible for the condition of the goods after the Customer has received the goods, as well as during the return shipping. The Customer's responsibility ends when tink has received the return. The Customer must keep the return receipt. The goods must be returned within 14 days from the date on which the notice of exercise of the right of withdrawal was given to tink. The goods must be sent well packaged, in good condition and in the original box. Returns must be made to tink according to the methods and instructions indicated on the Website.
When the Customer cancels their purchase, the amount paid by the Customer for the goods will be refunded to the Customer, including delivery costs. Exceptions apply to any additional delivery costs due to the Customer choosing a different delivery method to the standard delivery offered by tink. In case of return of part of an order, the delivery cost will not be refunded. tink is entitled to deduct from the amount to be refunded an amount corresponding to the depreciation in value of the goods compared to the original value of the goods, if and insofar as such depreciation in value is due to the fact that the Customer has handled the goods to a greater extent than is necessary to determine their characteristics or function.
The Customer shall reimburse the amount as soon as possible, but no later than 14 days from the date of receipt of the Customer's notification of exercise of the right of withdrawal. However, the Customer may delay reimbursement until the Customer has received the goods or has demonstrated that the goods have been returned, e.g. by means of a return receipt. The refund will be made to the Customer via the payment option chosen by the Customer, unless otherwise agreed or there are obstacles to such a refund.
How do I cancel my purchase?
Please contact Customer Service via our contact form, stating the order number and the goods you wish to return. Indicate if opened/unopened (does not affect your right to return but helps customer service to record your return correctly)
You will receive a return label from Customer Service
You return the parcel to the nearest retailer
Within 14 days your return will be processed and we will refund you. We'll let you know when the refund is complete.
Prices | Payment terms | Shipping costs
When ordering via the Website, the prices listed on the Website apply. Prices are quoted in Swedish kronor and are inclusive of VAT. Prices do not include payment and shipping charges, which are listed separately.
The Customer may pay in the manner indicated on the Website. Read more about payment methods and discounts on the Website tink has the right to charge the Customer already at the time of ordering. tink reserves the right not to always offer all payment methods and to change the payment method if the one chosen by the Customer for any reason does not work at the time of purchase or the Customer does not accept the chosen payment method. If the Customer chooses a third party payment system (e.g. PayPal), he or she is obliged to comply with the third party's terms and conditions.
tink only accepts bank transfers from accounts within the EU.
tink shall issue invoices and credit notes exclusively in electronic form.
Redemption of promotional vouchers
Coupons which are not for sale but which tink issues free of charge to the Customer as part of a promotion ("Promotional Coupons") shall only be valid on the Website and only for the period specified therein. Promotional Coupons are not transferable. Individual products or brands may be excluded from a Promotion Voucher campaign.
The Customer may only redeem a Promotional Voucher before completing his/her order. It is not possible to redeem the promotional vouchers afterwards.
Several discount vouchers cannot be combined with each other. The customer can only redeem a promotional voucher once and only as part of an ordering process.
If the value of the promotional voucher is not sufficient for full payment under the current contract, the customer can settle the price difference using the payment options offered by tink. If the value of the promotional voucher exceeds the value of the relevant contract, the remaining amount of the promotional voucher will be forfeited and will not be refunded to the Customer by tink.
If the Customer cancels a contract that he has (partially) fulfilled with a promotional voucher, he will not be entitled to claim a refund from tink for the amount attributable to the promotional voucher.
If the customer partially withdraws from a contract which he has (partially) fulfilled with a promotional coupon, and the minimum order value applicable to the promotional coupon, if any, is no longer reached, the entire discount granted to the customer by tink on the basis of the promotional coupon shall cease to apply. In this case, tink reserves the right to demand a corresponding additional payment of the purchase price.
Gift cards
Gift vouchers are vouchers that the customer can purchase. They can only be redeemed for the purchase of tink items, not for the purchase of new gift vouchers.
Gift vouchers can only be redeemed in the country and domain where they were purchased.
If the value of the gift card is not sufficient for full payment under the current agreement, the customer can compensate for the price difference using the payment options offered by tink or with other gift cards.
The Customer can only redeem a Gift Card before completing the ordering process. Subsequent redemption of gift cards is not possible.
The balance of a Gift Card will not be paid to the Customer in cash or with interest. The Customer can view the existing balance under "My Gift Cards" in "My Account" at https://tink.net/customer/giftcards/balance/ .
Promotions and offers
tink may from time to time offer promotions on the Website which may have more favourable terms than those set out in these Terms and Conditions, for example regarding payment or extended right of withdrawal. These more favourable conditions apply for as long as the promotion is active. tink reserves the right to withdraw such promotions at any time. Upon termination or withdrawal of a promotion, these Terms and Conditions shall apply without modification. Offers on specific goods on the Website are valid for a limited time and while stocks last.
Warranty and complaints
Some of tink's goods may be covered by a warranty. Information on the possible warranty period and specific warranty conditions for the respective goods can be found on the Website or in these Terms and Conditions. Warranty for goods only covers original manufacturing defects, and therefore not defects arising from or following an inherent change in the function and appearance of the goods, such as rebuilding, upgrading or other configuration of the goods. The customer's order confirmation serves as proof of warranty.
The right to complain covers goods that are defective according to the applicable consumer protection legislation. The customer who wishes to complain about ordered goods must contact tink within a reasonable time from the time the defect is discovered or should have been discovered via the contact details provided on the website. The customer must also be able to provide proof of purchase when making a complaint; tink recommends attaching a receipt or delivery note. Via the customer service form , the Customer is provided with a return form including the return address. The return address varies depending on the product. Complaints made within two months of the Customer discovering the defect are always considered to have been made in good time. The Customer has a 3-year right of complaint on goods purchased on the Website. If the Customer wishes to complain about a product, the Customer can fill in the following form and send it to tink GmbH, Wallingatan 34, 111 24, Stockholm, to the e-mail address service@tink.net or via the contact form on the website.
If the Customer has recently received their delivery and unpacked their product, damage can be shown in different ways. The following are some of the different types of damage that a product may have:
- Delivered in damaged condition
- Bumps, scratches or marks
- Damage to the paintwork or broken glass
- Damaged accessories
- Broken screen
If the product is damaged in transit at the time of delivery, the same requirements apply as for other complaints. The Customer must contact tink within a reasonable time of the defect being discovered or should have been discovered via the contact details provided on the Website. tink would be grateful if the Customer, when contacting the Website, took pictures of the damage, the packing slip and the inner and outer packaging, as this is required to create a claim. The damage needs to be reported to the carrier within 1-3 days. tink would therefore be grateful if the Customer reports the damage to the Website within this time. In order for the claim against the carrier to be handled correctly, the Customer must also keep the packaging, address label and any pallet that came with the damaged shipment.
For accepted complaints for faulty goods and transport damage, tink will arrange the return freight and the new delivery, free of charge for the Customer, so that the Customer receives a faultless product as soon as possible.
Once the claimed goods have been returned and the claim has been accepted, tink will compensate the Customer in accordance with the applicable consumer protection legislation. tink aims to do this within 30 days of receiving the claim, but it may take longer depending on the nature of the goods. tink reserves the right to refuse a claim if it is found that the goods are not defective under the applicable consumer protection legislation. In the event of a complaint, tink follows the guidelines of the General Complaints Board or equivalent boards in other European countries, see www.arn.se. More information is available at www.konsumentverket.se. Read more under point 16.1.
Below you will find the postal address for ARN:
Allmänna Reklamationsnämnden
Box 174
101 23 Stockholm, Sweden
Liability
tink is liable, irrespective of the legal basis, (i) for intent and gross negligence, (ii) for fraudulent intent, (iii) for damages resulting from injury to life, body or health, (iv) for the customer's claim resulting from a quality guarantee and (v) for the customer's claim under the Product Liability Act.
In the event of simple negligence, tink shall only be liable for damages arising from breach of cardinal obligations. Cardinal obligations are obligations the fulfilment of which is a prerequisite for the proper performance of the contract and the observance of which the customer regularly relies on and can rely on. In this case, the liability of the tink shall be limited to compensation for the foreseeable, typically occurring damage.
Subject to the provision in clause 11.1, tink shall not be liable for damages arising from a breach of obligations that do not constitute cardinal obligations and are caused by slight negligence on the part of tink.
If the Customer is an entrepreneur, tink's liability under clause 11.2 shall be limited to twice the value of the contract in question. Intentional actions by tink shall be excluded from this.
Any liability of tink beyond the cases regulated in this clause 11. shall be excluded.
Links
tink may link from the Website to other websites which are outside tink's control, and websites outside tink's control may link to the Website. Although tink endeavours to ensure that tink only links to websites that share tink's privacy and security practices as set out in the Privacy Policy, tink is not responsible for the protection or privacy of any information or personal data provided by the Customer on other websites. The Customer should exercise caution and read the privacy policy of the relevant website.
Force Majeure
tink is not liable for delays caused by circumstances beyond tink's control such as, for example, general industrial disputes, war, fire, lightning, terrorist attack, change in government regulations, technical problems, failure of electricity/telephone/data connections or other communications and failure or delay in services from subcontractors due to any circumstance specified herein. These circumstances shall constitute grounds for exemption from damages and other penalties. If any such situation should arise, tink will inform the Customer at the beginning and at the end of the time of the situation in question. If the circumstance has lasted longer than two months, both the Customer and tink have the right to cancel the purchase with immediate effect.
Changes to the Terms and Conditions
tink reserves the right to make changes to these Terms and Conditions at any time. Any changes to these Terms and Conditions will be published on the Website. Changes will apply from the moment the Customer has accepted the Terms (in connection with a new purchase or when visiting the Website), or alternatively 30 days after tink has informed the Customer of the changes. tink recommends, however, that the Customer keeps himself updated on the Website regularly to be aware of any changes to the Terms.
Invalidity
If any provision of these Terms is found to be invalid or unenforceable by a court, authority or arbitral tribunal of competent jurisdiction, the provision in question and all other provisions shall remain valid and enforceable to the extent permitted by applicable law. Those provisions found to be invalid or unenforceable will be replaced by the relevant legal guidance and advice.
Applicable law and dispute
If a dispute cannot be resolved by agreement with Tink's customer service, you as a customer can turn to the ARN (Allmänna reklamationsnämnden), about which you can find more information at www.arn.se. You can also submit a complaint directly online via the European Commission's dispute mediation platform, which can be found via the following link https://ec.europa.eu/consumers/odr. . If you submit a complaint via this platform, your case will automatically be forwarded to the appropriate national dispute resolution body responsible for resolving disputes. This dispute resolution body will then contact you and try to resolve the dispute without involving the courts.
Disputes concerning the interpretation or application of these Terms and Conditions shall be interpreted in accordance with Swedish law and shall be settled by the Allmänna Reklamationsnämnden or, ultimately, by a general court.
General Terms and Conditions
tink GmbH FILIAL, organisation no. 516412-7754 ("tink") operates the tink.net website and related pages ("Website"). Detailed contact details and other information about tink can be found on the Website.
