terms and conditions
These Terms (“Terms”) applies as between you and Bromander's Sheep and Recreation Farm of Ringaby 427, 71892 Frövi, Sweden, www.bromanders.com, (“Bromander's Sheep and Recreation Farm”, “we” or “us”). Your agreement to comply with and be bound by these Terms is deemed to occur upon your first use of the website.
1. INTELLECTUAL PROPERTY
1.1. All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Bromander's Sheep and Recreation Farm, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable Swedish and International intellectual property and other relevant laws.
1.2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the Website or unless given express written permission to do so by Bromander's Sheep and Recreation Farm.
2. BASIS OF ORDER AND ACKNOWLEDGEMENT
2.1. The Contract is subject to these Terms to the exclusion of all other Terms (including any Terms you purport to apply in any Contract).
2.2. Minimum order quantities and/or values may apply at our discretion.
2.3. You represent that you are at least 18 years of age, and if you live in another state or country, you are of the age necessary to enter into contracts according to the laws of your home state or country.
2.4. A Contract shall not be effective until we have issued written acknowledgement and acceptance of such Contract (notwithstanding any earlier confirmation of receipt).
2.5. We may in our sole discretion decline any purchase order placed by you. No change or modification of the Contract shall be allowed after acceptance by us unless accepted in writing by us. If there is any conflict between the prices indicated online and our acknowledgement of the Contract, then the latter shall take precedence.
3. PRODUCTS DESCRIPTIONS AND PRICES
3.1. We do our best to ensure that the information about Products is accurate and up to date. However, we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them. Also, the colors you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colors.
3.2. We reserve the right to modify the information about Products displayed on our website, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.
4. WHEN ORDERS ARE NOT ACCEPTED
4.1. While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if: you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address; we discover that there was an error on our website relating to the Products you ordered, for example as regards the price or description displayed the Products you ordered are unfortunately out of stock or no longer available; We have reasonable grounds to believe that you intend to resell the Products. If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order.
4.2. If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our website, we will refund you any money you may have already been charged for such Products.
5. CANCELLATION OF ORDERS
5.1. Bromander's Sheep and Recreation Farm reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Bromander's Sheep and Recreation Farm may do this for example, but without limitation, where:
5.1.1. Bromander's Sheep and Recreation Farm ’s suppliers are unable to supply Products that they have previously promised to supply;
5.1.2. an event beyond Bromander's Sheep and Recreation Farm ’s control, such as storm, fire, flood or failure of computer systems, means that Bromander's Sheep and Recreation Farm is unable to supply the Products within a reasonable time;
5.1.3. Products ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
5.1.4. you ask Bromander's Sheep and Recreation Farm to cancel your Order; or
5.2. You may cancel your Order where Bromander's Sheep and Recreation Farm :
5.2.1. has breached a material term of this Agreement;
5.2.2. is not able to deliver your Order within a reasonable time of the estimated delivery time, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Products; or (ii) which was outside Bromander's Sheep and Recreation Farm ’s control.
5.3. Where Bromander's Sheep and Recreation Farm cancels your Order after acceptance it will send you an email notifying you of cancellation.
5.4. In the event of Bromander's Sheep and Recreation Farm or you are canceling your Order after payment has been processed, Bromander's Sheep and Recreation Farm will refund any money paid in respect of that Order.
5.5. Except to the extent otherwise required by law (including, without limitation, Sweden`s Consumer Protection Regime) or as expressly set out in these Terms, Bromander's Sheep and Recreation Farm will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
6. RIGHT TO CANCEL
6.1. Under Sweden's Consumer Sales Act, and the EU`s Consumer Rights Directive, you have a cooling off period of 14 "working days” during which you are entitled to cancel your purchase if, for any reason, you decide you no longer want the item from the date the contract is concluded (i.e., the date we send our Order Confirmation email).
6.2. You can return your items within 14 days, and it must be returned as new and in its original packaging in a re-sellable condition, complete and as purchased, accompanied by a valid proof of purchase, and returned to us within 14 days of purchase. You will need to repackage the goods in the original packaging and send them to us. To initiate a return please simply contact us.
7. AVAILABILITY OF PRODUCTS
7.1. As Bromander's Sheep and Recreation Farm is dependent upon its Suppliers to provide stock, Bromander's Sheep and Recreation Farm cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Products may be out of stock or unavailable. Bromander's Sheep and Recreation Farm reserves the right to withdraw or suspend from sale any Products displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, Sweden`s Consumer Protection Regime), Bromander's Sheep and Recreation Farm will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Products at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
8. PASSING OF RISK AND TITLE
8.1. The risk in the Product shall pass to you on delivery as set forth herein. The full legal, beneficial and equitable title to the Product shall remain vested in us (even though they have been delivered and risk has passed to you) until we give written notice to you to pass legal and beneficial ownership of the Product to you or, if earlier:
8.1.1. payment in full, in cash or cleared funds, for all the Product has been received by us; and
8.1.2. all other money payable by you to us or under the Contract or any other contract or order has been received by us.
8.2. Our rights and remedies set forth herein are in addition to and shall not in any way prejudice, limit or restrict any of our other rights or remedies under the Contract or in law or equity. We shall be entitled to maintain an action against you for the price of the Product notwithstanding that legal, equitable and beneficial title to and property in the Product has not passed to you.
9.1. We aim to fulfill your Order by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control.
9.2. In any event we will deliver the Products within 1-5 weeks depending on stock availability of our Suppliers.
9.3. Delivery will be completed when we deliver the Products to the address you gave us.
9.4. In the event that we incur extra delivery or storage charges because no one is available at your address to take delivery, you will be expected to pay for such charges.
9.5. The Products will be your responsibility from the completion of delivery. For the avoidance of doubt, you own the Products once we have received payment in full, including all applicable delivery charges.
10. DELAY IN AVAILABILITY OR DELIVERY OF GOODS
10.1. You agree and acknowledge that:
10.1.1. Bromander's Sheep and Recreation Farm does not guarantee the dispatch or delivery or availability of Goods within the time frames set out, estimated delivery times listed for your Order or any other time frames otherwise specified by Bromander's Sheep and Recreation Farm ;
10.1.2. stock availability and events outside Bromander's Sheep and Recreation Farm 's control may cause delays, or in some circumstances, prevent your Goods from being delivered;
10.1.3. delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and
10.1.4. except to the extent expressly set out in these Terms or otherwise required by law (including, without limitation, Sweden`s Consumer Protection Regime), neither Bromander's Sheep and Recreation Farm nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
11. REFUNDS OF YOUR MONEY
11.1. Where Bromander's Sheep and Recreation Farm is obliged to refund your payment pursuant to these Terms, Bromander's Sheep and Recreation Farm aims to initiate your refund within 14 working days. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
11.2. Except to the extent otherwise required by law (including, without limitation, Sweden`s Consumer Protection Regime), Bromander's Sheep and Recreation Farm will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
12. RETURNS/FAULTY OR DAMAGED GOODS
12.1. You should check your Goods as soon as they are delivered to you in order to ensure that:
12.1.1. they are what you ordered; and
12.1.2. they are not damaged or faulty. If this is not the case you should contact us as soon as possible and within a maximum of 24 hours of your delivery.
12.2. If you have a problem with any Goods or otherwise wish to return them, please contact us.
12.3. When returning Goods:
12.3.1. please provide Bromander's Sheep and Recreation Farm with your proof of purchase;
12.3.2. It is a requirement for the fulfillment of refunds, exchanges and warranties that Customers use their best endeavors to return all Products in the same condition as supplied at the time of delivery.
12.4. Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
12.5. You may not be entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
12.6. Costs of returning the goods to us must be borne by you.
13. DAMAGED OR FAULTY ITEMS
13.1. In the unlikely event that you have received a damaged item, please email us including as much information as possible about the fault you have discovered so we can thoroughly investigate the issue for you. As part of this process, we may ask for a photo of the fault or damage so we can assess the best course of action. We may offer exchange for your faulty item(s), refunds for faulty items will be given at our discretion.
13.2. Please note that we do not cover damage or faults caused by neglect, misuse, or normal wear and tear. However, if you do damage one of your items, we may be able to suggest a solution, so please do not hesitate to get in touch with us.
You agree to contact Bromander's Sheep and Recreation Farm prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through Bromander's Sheep and Recreation Farm, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.
15.1. We warrant that the Product furnished hereunder shall, at the time of delivery, be free from defects in material and workmanship. You shall submit to us reasonable written details establishing a breach of the warranty set forth above. Unless agreed otherwise by us in writing, our liability for failure of any Product to comply with the foregoing shall be limited to replacing or repairing that Product found. We shall pay all reasonable return packaging and transportation costs of a valid claim. If requested by us, you shall promptly deliver back to us any Product which has been replaced.
15.2. We shall not be liable for a breach of the warranty in any of the following circumstances:
15.2.1. the Product has been modified, altered, used in its intended purpose or misuse or neglect;
15.2.2. the Product has not been used in accordance with our instructions;
15.2.3. normal wear and tear, wilful or accidental damage;
15.2.4. the price for the Product, or any other Products or services supplied by us or our affiliates, has not been received in full.
15.3. Minor deviations from specifications which do not affect performance of the Product shall not be deemed to constitute defects in materials or workmanship or a failure to comply with the specifications referred to.
16. EXCLUSION AND LIMITATION OF LIABILITY
16.1. These Terms set out our entire liability (including any liability for the acts or omissions of our sub-contractors) in respect of the Product supplied by us and any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
16.2. Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence or for fraudulent misrepresentation or for any liability that cannot legally be excluded or limited.
16.3. In no event shall we be liable for: (i) any loss of anticipated profits; (ii) any loss of actual profits, (direct or indirect); (iii) any loss of anticipated savings; (iv) any loss of business or revenue; (v) any economic loss of whatever nature; (vi) any indirect, special or consequential loss or damage, or punitive or exemplary damages, howsoever caused; (vii) any loss arising as a result of any third party bringing a claim of any nature whatsoever; and/or (viii) any loss resulting from use, application of or results obtained from any software incorporated into the product.
16.4. We shall not be liable for any such loss whether or not any such loss or damage was foreseen, direct, foreseeable, known or otherwise. Our total aggregate liability arising out of or in connection with the performance or contemplated performance of the contract whether for negligence or breach of contract or for any cause whatsoever shall in no event exceed the price paid by you for the product giving rise to your claim.
16.5. To the extent permitted by law, the period in which any claim arising out of or related to the contract must be brought is limited to one year from the date that such claim or cause of action is discovered or should have been discovered with the exercise of due diligence, and no claim may be brought after the expiry of this agreed limitation period.
17. ACCURACY OF BILLING AND ACCOUNT INFORMATION
17.1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
17.2. You agree to provide current, complete and accurate purchase and order information for all purchases made at our store.
17.3. You agree to promptly update your order information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
18.3. You agree to indemnify Bromander's Sheep and Recreation Farm in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
19.1. Our blog and its contents have been compiled with the greatest possible care. However, we do not accept any liability or guarantee for the topicality, correctness and completeness of the information provided on our blog.
19.2. Liability claims against us, our directors, officers, employees, agents,, which refer to material or non-material damages, which have been caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are fundamentally excluded, provided that there is no demonstrable intentional or grossly negligent fault on our part.
19.3. We expressly reserve the right to change, supplement or delete parts of the pages or the entire blog without separate announcement or to discontinue the publication temporarily or permanently.
19.4. All data is published conscientiously but without guarantee.
19.5. Errors in the content will be corrected immediately upon being brought to our attention. All rights, including those of reprinting extracts, photomechanical reproduction and translation, are reserved and require our written consent. Unauthorized use, even of extracts, will be prosecuted.
20. USER CONTENT
20.1. Our forum permits you to share and submit content etc. but you are solely responsible for the content provided by you.
20.2. When sharing and submitting content to the forum, please do not share and submit content that:
20.2.1. contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial, or religious nature.
20.2.2. is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains exaggeration or unsubstantiated claims.
20.2.3. violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
20.2.4. discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law.
20.3. We operate a safe space for people to engage, learn, share, and network. Any submitted content that includes, but is not limited to the foregoing, will be refused.
20.4. Further, we have a zero-tolerance policy with regards to the abuse of other service users or staff. Personal or targeted insults, threats, obscene, objectionable or aggressive content or comments directed at other service users or at staff will not be tolerated. Users who persist in engaging in this way may be excluded from our services.
20.5. If you see any content or activity that you feel is offensive or objectionable, please share your views with us using email@example.com and we will review it to address your concerns within 24 hours of your report.
21. GENERAL INFORMATION FOR BOOKINGS
21.1. This agreement is not governing our our contractual services including but not limited to our Spa treatments or Massages or when you book a cottage or house, for further information on the terms on which we make our our Spa treatments, Massages, cottages or houses available to you, please request our relevant Booking Terms.
21.2. You can make Booking enquiries via telephone, email, online form or other means.
21.3. We will provide an offer based on the information requested on the website or otherwise provided by you.
21.4. Please note that inaccurate or insufficient information provided by you may delay the preparation of or can lead to the rejection of an offer.
21.5. You agree to provide current, complete, and accurate information for all Booking Enquiries made with us.
21.6. You agree to promptly update your information, including your email address so that we can provide an offer and contact you as needed.
21.7. Any change to the scope of the service, including a change to any stated assumptions or customer dependencies, may result in the quotation being made invalid. Should this occur an updated quotation will be issued to replace the previous version.
21.8. Quotations are also subject to availability at the time of issue. Cost and timescales may be affected by services required, or at the relevant third-party supplier if any.
21.9. While we do our best to always accept bookings, we could however refuse a bookings in certain cases, for example if:
21.9.1. you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information;
21.9.2. we discover that there was an error on our website relating to the services you booked, for example as regards the price or description displayed;
21.9.3. the Services you ordered are unfortunately no longer available;
21.9.4. We have reasonable grounds to believe that you intend to resell the Services.
21.10. If we cannot accept your booking, we will contact you by email as soon as possible but in any case, no later than 7 days from the date of your booking. If we cannot accept your booking because the services are no longer available, or because of an error in the price and/or other information on our website, we will refund you any money you may have already been charged for such booking.
Bromander's Sheep and Recreation Farm makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be secure, and that all information provided will be accurate. We make no guarantee of any specific results from the use of our website.
23. NO WAIVER
In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
24. PREVIOUS TERMS
In the event of any conflict between these Terms and any prior versions thereof, the provisions of these Terms shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us by email to firstname.lastname@example.org. Such notice will be deemed received the day of sending if the email is received in full on a working day and on the next working day if the email is sent on a weekend or public holiday.
Every effort has been made to ensure that these Terms adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining Terms. This term shall apply only within jurisdictions where a particular term is illegal.
27. LAW AND JURISDICTION
These Terms and the relationship between you and Bromander's Sheep and Recreation Farm shall be governed by and construed in accordance with the Law of Sweden and Bromander's Sheep and Recreation Farm and you agree to submit to the exclusive jurisdiction of the Courts of Örebro County.
Sunday, 17th of September 2023
Terms and Conditions