Terms and Conditions
Last updated 2022-09-28
Sesamy AB ("Sesamy ") provides you with website functions and other products and services when you visit and shop on Sesamy AB's websites, mobile app or with our partners (the "Service"). In our Service and in these Terms, the words "we", "us" and "our" will refer to Sesamy. By using our Service and/or purchasing anything from us or our partners (“Partners”), you agree to be bound by these Terms and Conditions (“Terms”), including the additional terms and policies referenced herein and available by hyperlink. If you do not accept the Terms, you may not use the Service. See our Privacy Policy for information on how we collect and process your personal data via the Service.
Please read the Terms carefully before using our Services. By using the Service, you confirm that you agree to the Terms.
The Terms apply to all users of the Service, including and without limitation users who are visitors, customers, content creators and/or Partners.
Even new functions or tools that are added to the current Service must be covered by the Terms. You can review the latest version of the Terms at any time on this page.
SECTION 1 - LEGAL CAPACITY
By agreeing to these Terms, you represent that you are 18 years of age or older and that you are not under the guardianship of or acting as a representative of a company. If you are under 18 or under guardianship, you may only use the Service and shop from us together with a parent, guardian or other guardian.
SECTION 2 – BINDING AGREEMENT OF PURCHASE AND RIGHT OF WITHDRAWAL
Your order is a request to Sesamy to purchase the products in your order. When you place an order through Sesamy, we will send you an email confirming that we have received your order and containing information about your order (the "Order Confirmation"). The order confirmation is a confirmation that we have received your order, but it does not constitute an acceptance of your request to purchase the products ordered. Such acceptance of your request, and the making of a purchase agreement between us, occurs when we ship the product to you. Before we have accepted your request, we have the right to check your order, e.g. that the price stated is correct and cancel your order if the information turns out to be incorrect or it is not possible to accept your request for any other reason.
By downloading the product or otherwise using the product, you agree that delivery has begun and accept that there is no right of withdrawal.
SECTION 3 – INTELLECTUAL RIGHTS
All content included in or made available via the Service, e.g. text, graphics, logos, button icons, images, audio clips and data compilations, belong to Sesamy or a third party.
You may not extract and/or reuse any part of the Content without our express written consent. In particular, you may not use data mining, robots or similar data collection and extraction tools to reuse and/or extract (whether once or repeatedly) any substantial portion of the Content without our express written consent. You may also not create and/or publish your own database containing substantial portions of the Content (eg, our prices and product listings) without our express written consent.
SECTION 4 – CORRECT, COMPLETE AND CURRENT INFORMATION
Although we strive to ensure that the information available in our Service is always accurate and up-to-date, the Service may contain typographical errors or omissions in product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct such errors or omissions and to change or update the information or cancel orders not yet accepted by Sesamy if any information is incorrect, at any time and without notice to you.
All information about the products is provided for informational purposes only. We recommend that you do not rely exclusively on the information presented in our Service.
SECTION 5 – PRICES AND PRODUCTS
That products are provided via the Service at a certain given time is not a guarantee that these products are always available. We reserve the right to stop selling a product at any time. Furthermore, we reserve the right, but are not obligated, to limit the sale of our products. Among other things, to prevent orders that, in our discretion, appear to have been placed by merchants, resellers or distributors. Against this background, we may, at our discretion, limit or cancel the number of products ordered per person, per household or per order. These restrictions may include orders placed by or with the same account, same credit card, and/or orders using the same billing address and/or shipping address. In the event that we change or cancel an order, we will notify you by contacting you at the email address/phone number provided when the order was placed.
Prices for our products are subject to change without prior notice and are effective from your next purchase. All prices are inclusive of statutory applicable VAT.
SECTION 6 – BILLING AND ACCOUNT INFORMATION
You agree to provide us with current, complete and accurate purchase and account information for all purchases made through our Service. You agree that as soon as your information changes, update it in your account so that we can complete your transactions and contact you as necessary.
SECTION 7 – THIRD PARTY TOOLS
We may provide you with access to third-party tools that we neither monitor nor control (such as streaming or playback platforms and applications). We take no responsibility for your use of such third-party tools.
All your use of third-party tools (both independently and in combination with our products) is entirely at your own risk and you must ensure that you are aware of and agree to the terms of use of the tools provided by the relevant third-party providers.
SECTION 8 – THIRD PARTY LINKS
Some content and services available through the Service may contain material from and links to third parties.
Third-party links may direct you to websites that are not affiliated with us. We are not responsible for investigating or evaluating the content or accuracy of these websites and we do not guarantee and will not be responsible for any material on third party websites, or for other materials, products or services of third parties.
Carefully review the policies and terms of third parties and ensure that you understand them before using such third party websites. Complaints, claims or questions about third party products should be directed to the third party.
SECTION 9 – USER-GENERATED CONTENT
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, send creative ideas, proposals, plans, product reviews or other materials, whether online, by email, by post or otherwise (hereinafter referred to as "Materials"), you agree that we may at any time and without limitation edit, copy, publish, distribute, translate and otherwise use in any medium any Material that you forward to us. We are not and will not be responsible for (i) treating Materials as confidential, (ii) paying compensation for Materials, or (iii) responding to Materials.
We reserve the right, but have no obligation, to remove or edit any Material that we deem, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene or otherwise inappropriate or that infringes any party's intellectual property rights; or these Terms.
If you believe that any Material or other content provided on our Service is inappropriate or if any information infringes your intellectual property rights, please notify us by sending us a message at [email protected].
You warrant that you own or otherwise control all rights to the Material you post and that, at the date the Material is posted, it does not infringe the rights of any third party, including copyright, trademark, privacy or other personal or proprietary right . In addition, you warrant that the Material does not contain defamatory or otherwise illegal, offensive or obscene material or computer viruses or other malicious code that may in any way affect the operation of the Service. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or any third party as to the origin of the Materials. You are solely responsible for all Materials that you provide to us. We take no responsibility for Material that you or third parties post.
You agree to indemnify, defend and hold Sesamy harmless from any claim or demand, including reasonable attorneys' fees, brought against us by a third party arising out of or in connection with Materials you provide us, except to the extent liability arises due to our failure to properly remove the Content when notified of the content's illegal nature.
SECTION 10 - PERSONAL DATA
Personal data that you provide to us is processed according to our Privacy Policy. See our Privacy Policy.
SECTION 11 - PROHIBITED USE
In addition to other prohibitions described in the Terms, you are prohibited from using the Service or its content: (i) for any illegal purpose, (ii) to induce others to perform illegal acts, (iii) to violate rules, laws or local ordinances , (iv) to limit or violate our intellectual property rights or the intellectual property rights of others, (v) to harass, defame, insult, harm, defame, disparage, threaten or discriminate based on gender, sexual orientation, religion, ethnicity, age , nationality, disability or otherwise, (vi) to send false or misleading information, (vii) to transmit or send viruses or other types of malicious code that can be used in a way that affects the functioning or operation of the Service, (viii) to collect or track the personal information of others, (ix) for obscene or immoral purposes, or (x) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service and close your account if it involves prohibited use.
SECTION 12 - LIMITED LIABILITY AND ERRORS
We do not guarantee that your use of the Service will be uninterrupted, punctual, secure or error-free. Your access to the Service may occasionally be temporarily suspended or restricted to allow for repair, maintenance or the introduction of new services or features. We will try to limit the frequency and duration of any such suspension or restriction.
Sesamy shall not be liable for (i) losses not caused by a breach on our part, or (ii) any business loss (including loss of profit, revenue, contracts, data, goodwill or unnecessary expenses), or (iii) any indirect or subsequent losses.
We will not be liable for any delay or failure to perform our obligations under these Terms if the delay or failure is due to any cause beyond our reasonable control.
Our total liability to you for any loss or damage arising in connection with your order for the Service is limited to the total amount of your order.
If there is a technical fault in the product you purchased, e.g. that the product cannot be played/opened, pages or audio tracks are missing or has other similar technical errors, you can, within a period of one (1) year counted from the day you bought the product, and subject to availability, contact us and request the remedy of the error. Please contact us at [email protected] if you have technical issues with a product you purchased from us.
SECTION 13 – TERMINATION
These Terms are effective until terminated by either you or us. You may terminate these Terms at any time by discontinuing use of the Service and closing your account.
If you personally believe that you cannot comply, or if we suspect that you have not complied with the Terms, we may also terminate these Terms at any time without notice to you and deny you access to our Service (or any part thereof).
The obligations and responsibilities of the parties that arose before the termination date shall continue to apply after the termination of these Terms.
SECTION 14 – ENTIRE AGREEMENT
If we do not exercise or exercise a right in these Terms, it does not constitute a waiver of such rights or Terms.
These Terms and any policies or terms linked herein or asserted in writing at the time of your purchase constitute the entire agreement between Sesamy and you and govern your use of the Service. They supersede all prior agreements and communications, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
SECTION 15 - APPLICABLE LAW
These Terms and any purchase of products shall be governed by and interpreted in accordance with Swedish law. Disputes arising from the Terms shall be finally settled by a general court with the Stockholm district court as the first instance. If you are a consumer and are domiciled within the EU, you can also take advantage of the protection you have under mandatory consumer law provisions in the country where you live. A consumer can also use the alternative dispute resolution process provided by the General Complaints Board, Box 174, 101 23 Stockholm, Sweden, www.arn.se. In addition, the European Commission provides an online dispute resolution platform that you can access here.
SECTION 16 – MODIFICATION OF TERMS
You can review the latest version of the Terms at any time on this page.
We reserve the right to make changes to all Services, policies and terms, including these Terms, at any time. You will be subject to the Terms, policies and other terms in effect at the time you use the Service. If we make any material changes, we will inform you in good time and remind you of your rights. You will retain the option to cancel your account with us at any time and stop using the Service. If any of these Terms is deemed to be invalid or for any reason unenforceable, that Term will be ineffective, however, without affecting the validity and enforceability of any of the remaining Terms.
You are responsible for checking whether changes have been made to the Service. Your continued use of or access to our Service, following the posting of changes to these Terms, constitutes acceptance of those changes.
SECTION 17 - CONTACT INFORMATION
If you have any questions about these Terms or want to get in touch with us, please send an email to [email protected].
Sesamy AB
Org. no: 559241–5227
Eriksbergsgatan 8B
114 30 Stockholm