Gugguu online shop T&C
Effective from 27. May 2019. (Added paragraph 3.)
- Scope of application and agreement to the terms
These Gugguu Oy online shop (”eShop”) terms and conditions (”T&C”) are applied to the products purchased via www.gugguu.com website and between Gugguu Oy (”Gugguu”) and the customer (”Customer”).
The eShop user ("Customer") should carefully read these Terms before using the eShop. The terms are applicable to all actions taken by the Customer in the eShop.
Your contracting party in all purchase transactions from the eShop is Gugguu Oy:
Address: Rantakatu 3, 90100 Oulu
Customer service: firstname.lastname@example.org
Please note, that in addition to the rights defined in these T&C you may have other rights pursuant to the applicable legislation, which may vary by country.
When these T&C mention a product (“Product”), it refers to a product available in the eShop or to a product that has been ordered from the eShop.
- Visiting the eShop and registration
The eShop is open to everyone, minimum age 18 and over, with a permanent delivery address and a functional email address, and who order Products from the delivery range of the eShop.
The Customer must enter the correct personal data when visiting the eShop. The Customer is responsible for the correctness of the data, and is responsible for notifying Gugguu about any changes in the data without undue delay. The Customer must be the legal owner of the debit/credit card used for the purchase.
To place an order from the eShop, the Customer must enter his/her name, address, phone number, payment details and other data required to make the purchase.
After placing the order, the Customer will receive a payment verification by email with an order confirmation and the details of the order number and the products ordered. The Customer will also receive a delivery confirmation by email after the order has been shipped. If all the ordered products cannot be sent in the same parcel, customer service will contact the Customer usually by email. The Customer is not responsible for additional shipping costs, if the products ordered require dispatch in several parcels.
The Customer has the right to cancel the order without cost before receiving the delivery confirmation. The cancellation can be done by contacting customer service by email or telephone: email@example.com/ +358 44 410 1736.
Please find out more about returning the product after receiving the delivery confirmation under Cancellation rights.
The Customer may register as an eShop customer, and make the shopping experience in the eShop faster. Registration is free of charge. Registration is made using a functional email address and a password chosen by the customer. The Customer is responsible for keeping the password safe and secret, and is responsible for all actions that take place using the user credentials (“Customer account”) in the eShop. The Customer must immediately contact Gugguu, if the Customer notices or suspects that his/her credentials have come to attention of a third party, or that the credentials have been misused. Gugguu has the right to freeze or close the Customer’s account, if Gugguu notices any misuse of the Customer account.
- Customer-generated content in the eShop
The Customer agrees not to produce or convey any content to the eShop, which is against the law or is offensive or inappropriate in any other way, or infringes third party rights, or advertises a third party’s products or services without authorisation.
The Customer may only send, deliver or publish such content to the eShop to which they have full rights of ownership and use, including the right to convey such content to Gugguu and give Gugguu the right to publish and use the Customer’s content, without financial compensation, for the purpose for which it has been collected.
Gugguu does not conduct a preliminary check of the content the Customer produces or conveys to the eShop, and is not responsible for it in any way. Gugguu reserves the right, at any time according to its own judgment and without prior notice, to remove Customer-generated content, which Gugguu deems to be in breach of these Terms or believes to be otherwise harmful/detrimental to Gugguu or third parties, or to change content according to its own judgment, e.g. to correct spelling mistakes. Anyone can ask for content they have conveyed to the eShop to be removed by contacting Gugguu Customer Service. Gugguu shall decide whether to accede to such a request.
- Customer and consumer protection
The relationship between the consumer customer and Gugguu is governed by these T&C and the current consumer protection legislation. For the purpose of consumer protection, it is not relevant whether the consumer customer has been registered or not.
The relationship between a company customer and Gugguu is primarily governed by these T&C and, secondly, current trading legislation.
- Product information and Product availability.
Gugguu aims to provide correct and updated information on the products and their availability in the eShop, but cannot guarantee the accuracy of the data or the availability or sufficient number of products. Only a limited number of some products are produced, or a product may be temporarily sold out.
If, after receiving an order, it is discovered that the product ordered has sold out either temporarily or permanently notwithstanding the number of products the system has stated to the customer, Gugguu notifies this to the Customer without undue delay using the contact information provided, usually by email.
If the product ordered is completely unavailable, Gugguu commits to reimbursing in full the price paid to the Customer, and the purchase transaction is deemed cancelled in respect of this specific product. In cases like this, Gugguu Customer service will contact the Customer, and the Customer has a choice of prolonging the purchase transaction by accepting a longer delivery time, if manageable by Gugguu. Or instead the Customer may choose a replacement product.
Gugguu has the right according to their own judgement to update Product descriptions at any time without prior notice.
Gugguu strives to ensure that Products are presented in the eShop in realistic colours and as they truly are. Product photos are sample illustrations of the Products, and we aim to present them as they are, however, for example, the lining, press-buttons or string colours may vary in the product sold to the Customer, but only in those cases where it does not extensively affect the Product’s appearance. We do our best to ensure that the product images would be true to color as possible, but we cannot ensure that the coloring is perfectly true in all lightings and with different screen settings.
- Prices and taxes
The stated prices are applicable only to orders placed in the eShop. Gugguu International is a tax-free store. Customer is responsible for possible import taxes and VAT of their shipping address. Prices do not include shipping costs. Shipping costs per order are displayed at the check-out, when the Customer chooses the delivery method. Gugguu reserves the right to change prices and shipping costs in such a way that such changes are only applied to orders made after the changes become effective. Prices are given in Euros.
Gugguu reserves the right to cancel the Customer’s order, when there is an obvious and acute price error on the ordered product. This means a possible Product pricing error in the eShop such that the Product price differs significantly from the general price level of similar Products where it is obvious to the average consumer that the price must be an error. Obvious price errors, for example, are a missing price or one given as €0.00, or if the Product’s displayed price is too low compared to the general conception of an applicable product price.
- Shipping costs and methods
Gugguu delivers the Products as soon as possible after receiving the order. This takes from 2 to 3 working days, but during high seasons it can take up to 10 working days. High seasons mean sales campaigns or the release dates of new collections. Some Products may have a longer delivery time, and in such cases, information is provided in the Product data. If the order includes products with different delivery times, the order is shipped in a single delivery after the entire order is ready to be shipped, unless Gugguu notifies an alternative.
Gugguu delivers outside Finland via the EMS, DHL or GLS parcel services subject to the Customer’s choice and shipping method availability.
Shipping costs for deliveries outside Finland via DHL and EMS are always €7.00. The cost of other shipping methods is €3.5, if the total price of the products ordered is below €120.00. That is, when the total price of an order exceeds €120.00, shipping costs are not added to the price of the order for normal delivery, excluding delivery via DHL/EMS.
*If the total price of the Products ordered at the time of the order exceeds €120.00, and the Customer wants to return part of the order in such a way that the remaining value of the order is below €120.00, the shipping and return costs of €7.00 are deducted from the reimbursement paid to the Customer.
- Payment methods
For an easy and safe shopping experience Gugguu eShop offers the following payment methods:
- The most common credit cards (Visa, Mastercard, Visa Electron)
- Internet banks
- Invoice (Jousto, Collector, Klarna)
- Gift card
Our payment service facilitators and providers are Checkout Finland Oy, Klarna Bank AB and PayPal in co-operation with Finnish banks and lenders. Payment service providers are third parties, with whom Gugguu has entered into a contract. The Customer enters all credit card or internet bank payment details on the bank or payment service provider’s site. Gugguu uses an encrypted SSL-connection for telecommunication connections.
Credit card payments
Verification via payment card in the eShop is hassle-free and safe. Gugguu has no access to card details, and payment card details are not stored in the eShop information system. We accept Visa, MasterCard and American Express payment cards in our eShop. Please note your payment card’s safety limit for online shopping. You can check and amend this in your own internet bank or at your bank’s premises. Credit card information is always handled in an encrypted SSL-internet connection during a transaction.
Our eShop uses international Verified by Visa and MasterCard SecureCode verification services to verify the card holder’s identity. Card payments for the eShop are offered by Checkout Finland Oy, which is given as the payment receiver on the card invoice. They will remit the card payment to Gugguu.
The bank statement and card invoice give Checkout Finland Oy as the payment receiver. They will remit the card payment to Gugguu. Checkout Finland Oy has an official permit to operate as a payment institution. If an issue arises, please in the first instance contact Gugguu Customer service.
The Customer can pay for purchased goods using the internet payment buttons. When the Customer uses an internet bank as the payment method, the Customer will be transferred temporarily from the eShop to the internet bank or the Gugguu partner’s (Checkout Finland Oy) website, and pays for the chosen Products directly from his/her bank account. The transaction is visible on the bank statement, and the payment receiver is Checkout Finland Oy, who remits the payment.
Invoice / running payment / account credit
The Customer can also choose to pay for purchases on an invoice or via credit account. The invoice and account credit are offered in co-operation with Collector Bank AB and Checkout Finland Oy, or with Klarna Bank AB. When you choose an invoice as the payment method, you will receive the Products before paying for them. You can pay the invoice in full, or divide it into smaller amounts by entering into a credit account agreement with our co-operation partners. The agreement terms and prices for the invoice and credit account are available via the following links: Collector Bank Terms and Conditions, Jousto Terms and Conditions, Klarna Terms and Conditions.
When you choose to pay via PayPal, you are directed to the PayPal website after making an order. If you are already a PayPal customer, you can login with your credentials and verify the payment. If you are a new PayPal customer, you can open a PayPal account and verify the payment afterwards.
After your payment has been registered with us, your order will be processed by Gugguu. After the payment is complete, you will receive an order verification in your email. Please note, that handling errors may occur on the PayPal site occasionally, for which Gugguu cannot accept any liability.
If you are returning an Order that was paid via PayPal, we will credit the sum directly to your PayPal account. You can read more about returns in chapter 6. PayPal Terms and Conditions can be found here.
At the check-out you can choose to pay using a gift card. When your order is paid by gift card either in full or in part, should the value of the gift card be insufficient to pay for the entire order, you can pay the balance via a payment method of your choice. The gift card is used by entering its code in the designated field on the check-out.
- Cancellation rights
Purchases made from the eShop are distance selling in the context of consumer protection legislation. If the Customer wishes to exercise the right to cancel, a return notification must be made within 14 days of receiving the Products. You can make the return notification by email to Gugguu customer service (firstname.lastname@example.org). The products that you wish to return must then be sent without undue delay to Gugguu, and within 14 days at the latest. The return notification can also be made by returning a return form that the Customer must send with the return shipment within 14 days after receiving the Products. Delivery instructions can be found here.
For health and safety reasons, cancellation rights do not apply to swimwear, once their seal has been broken.
When a Customer cancels an order placed in the eShop, and unless otherwise agreed, Gugguu will refund the payment made by using the payment method that the Customer used in the initial purchase transaction. Gugguu will refund the payment amount without undue delay after handling the customer return, that is 14 days after receiving the Products, at the latest. The refund does not cover additional costs incurred by a delivery method other than the least expensive and chosen by Gugguu. If only part of the order is returned, the shipping costs are not refunded. The Customer is responsible for any damage to the product, and Gugguu has the right to deduct the amount from the reimbursement, that covers the damage to the Product compared to the Product’s original value. If the Product has become unsellable because it has been used, the Customer is responsible for its entire value, and the cost of return, if the Customer wants to return the Product.
The Customer has the obligation to handle and pack the Product with care, in order to avoid damage during transit. The Customer must attach information about the returned Products with the return. The parcel for delivery must be taken to a Matkahuolto or Posti service point, and the Customer must obtain a return receipt. The shipment cannot be dropped at a mailbox for delivery.
Return shipment is free for the Customer, when the Customer uses the Gugguu contract number on the return. The return costs of €3.5 are deducted from the amount that is refunded to the Customer.
Returns from outside Finland
The Customer must contact Gugguu customer service (email@example.com). Gugguu arranges the return via DHL or GLS. The customer is responsible for the return shipment costs.
- Delivery or Product errors
After receiving the delivery, the Customer must check without undue delay that the delivered Products are not damaged and are error-free in all aspects. The Customer must also ensure that the delivery contains all the Products that the Customer ordered.
Gugguu is responsible for errors in delivery and the delivered Products according to consumer protection law chapter 5. If the Products received by the Customer are erroneous or do not comply with the order, the Customer must immediately contact Gugguu Customer service (firstname.lastname@example.org).
If Gugguu has delivered a Product that does not comply with the order, Gugguu will usually try to correct the error by delivering to the Customer the correct Product, and the Customer will return the wrong Product to Gugguu free of charge.
If the delivery has been damaged during shipping, Gugguu advises to leave the delivery uncollected, and to contact Gugguu Customer service.
If the Customer sees an error in the product covered by consumer protection legislation, the Customer can file a complaint to Gugguu about the issue, as he/she sees fit.
If the complaint leads to returning the Product to Gugguu, Gugguu will cover the shipping costs of the delivery.
After the Product subject to the complaint has been returned, and the complaint has been deemed justified, Gugguu will reimburse the Customer according to the applicable consumer protection legislation. Gugguu will endeavour to complete the transaction within 30 days after receiving the Product subject to the complaint. If the Product subject to the complaint is not erroneous in a way covered by consumer protection legislation, Gugguu may reject the complaint, and the Customer is liable for the shipping costs incurred by the return delivery.
If the Product is erroneous, the complaint must always be made directly to the place of purchase.
These T&C do not restrict the Customer’s applicable rights according to consumer protection law nor the Merchandiser’s legal liability for product errors, including the Customer’s right to demand fixing the error or replacing the product with a new one.
- Links to external websites
The eShop may contain links to third party websites or services. Even though the third party may be connected to Gugguu, it is not possible for Gugguu to control these linked sites or services, as they all have their own separate and independent terms and conditions and/or privacy and data collection policies which differ from those applied by Gugguu. These linked websites and services are offered only for convenience, and the Customer uses them on his/her own responsibility.
If any of the terms in these T&C are deemed invalid, illegal or unenforceable, the stated term is enforced according to the widest extent of the applicable law. This does not affect the validity, legality or enforceability of other terms.
- Force majeure
Unless the applicable and mandatory legislation states otherwise, Gugguu is not responsible for any delay or damage caused by circumstances beyond Gugguu’s control. These may be general strikes, war, fires, lightning, terrorist attacks, amendments to official regulations, technical problems, defects in power/telecommunication/computers or any other communications and defects and delays in subcontractors’ services caused by the aforementioned circumstances. If such a condition arises, Gugguu will inform the Customer. If the situation lasts for more than two (2) months, both the Customer and Gugguu have the right to interrupt the purchase transaction made in the eShop with immediate effect.
- Applicable law and dispute resolution
Finnish law is applicable to these T&C.
All disputes related to these T&C or eShop and purchases from the eShop are resolved in the first instance by negotiations between Gugguu and the Customer. If the Customer is not happy with the resolution of the dispute, the Customer has the right to contact the Consumer Advisory Board and ask for a resolution from the Consumer Disputes Board.
In the case of dispute, Gugguu aims to comply with the resolutions of the Finnish national consumer disputes board or other similar European authorities.
Furthermore, the Customer has the right to file a disputed case in the Oulu district court or to the Court of First Instance of his/her own domicile.