Terms of Service

Version 2.0 (2020-02-13)

Welcome to Pej! The following Terms of Service have been prepared for your and everyone else’s convenience. It is important that you read the Terms of Service and understand your rights and obligations.

1 Application

These user terms and conditions (“Terms of Service”) apply between you as the customer (“You” or the “User”) and Pej AB, reg. no. 559046-7873, Stora Varvsgatan 6A, Malmö, Sweden (”Pej”), when you use Pej’s platform to support a digital buying process (the “Service”). The Service is only available for people over the age of 18 who otherwise are authorised to enter into a legally binding agreement.

By using the Service, you accept these Terms of Service. Carefully read the Terms of Service prior to using the Service. If you do not accept the Terms of Service, you must not use the Service. These Terms of Service are applicable to all use of the Service. For all purchases made through the Service, a Purchase Agreement is entered into between You and a merchant (the “Merchant”) who has signed an agreement with Pej and who conducts sales through the Service.

2 The Service

The Service is a communication platform between Users and Merchants. Merchants can sell products and services (“Products”) via the Service. Pej has no responsibility for the Products sold via the Service. All Product responsibility, including related information, lies with the Merchant. Full information about the Merchant is available in the Service. Users can buy Products through the Service. A suitable device is required in order to use the Service.

2.1 Licence to use the Service

Pej provides the Service to You as end-user. Provided that you comply with the Terms of Service, Pej will grant You a personal, limited, terminable, non-exclusive and non-transferrable licence to use and – if required – download and install the Service for your personal purposes. Your use of the Service is governed by these Terms of Service.

You, or any third party you may engage, have no right to copy, scan, reverse engineer or change anything in the Service, apart from what is a result of mandatory provisions under Swedish law. You may not use the Service to distribute viruses, Trojans or the like.

You understand and accept that some content of the Service may belong to third parties and that Pej has no control over such content and further, that Pej cannot be held responsible for such content within the framework of the Service.

2.2 User account

When using the Service, You will be asked to provide user-information in order to set up a user account (“User Account”). The User is responsible to ensure the information provided is accurate and complete. The information provided must not be offensive, derogative, harmful, racist or ethnically offensive, sexually explicit, or infringe on intellectual property rights or a person’s personal integrity. Pej has the right to change your user name if it, in our opinion, is in breach of these Terms of Service.

The User Account is personal, and your account details must be kept confidential and only be used in a safe manner, without third party access. The User is responsible for all use of the Service via the User Account. Any suspicion of unauthorised use of Your User Account must be reported to Pej without delay.

You can delete your User Account and any linked information at any time, by logging into the Service via the homepage or the application and following the instructions.

2.3 Purchase of Products

The Merchant is responsible to provide Product information under the Service, including menus, prices and any additional costs etc. The Merchant’s terms and conditions apply to purchases of the Merchant’s Products. Such terms are displayed when the Service is used and include the Merchant’s name, address, email address and company registration number.

When placing a Product order under the Service (“Order”), the Order is sent to the Merchant and the specified amount is reserved or charged, depending on the selected payment method. Each Order causes a payment obligation in accordance with the terms stated under the Service. If the Merchant confirms the Order, a binding agreement (“Purchase Agreement”), is entered into between You and the Merchant, after which you are offered a receipt. Pej is not responsible for the Merchant’s fulfilment of the Purchase Agreement.

2.4 Payment

The User shall pay the price stated in the Order. Payments under the Service can be made in several ways. Pej’s platform facilitates the making of payments to the Merchant. The payment falls under the terms and conditions stipulated by each payment service provider (e.g. Stripe or Swish) (“Payment Service Provider”), which are displayed when you select payment method. Such terms and conditions may include payment due date, overdue interest and invoicing fees. Pej does not have access to, and never stores, any credit card details.

The payment is transferred to the Merchant once the Merchant confirms the Order. If a Merchant declines the Order, then the payment is automatically repaid into the account used for the payment. The time it takes for the amount to be available depends on the User’s bank and the selected payment method. It may take up to seven (7) business days for card payments to be repaid into the account.

2.5 Development of the Service

Pej develops the Service continuously and the Service may therefore be changed as Pej deems necessary. Changes may include new payment solutions and functionality.

3 Rights

All intellectual property rights in respect of the Service belong to Pej, the Merchant or Pej’s licence providers. This includes, inter alia, copyrights, design rights, trademarks, business secrets, patents and know-how, whether they require registration or not. These Terms of Service do not award any intellectual property rights to the User.

In addition, Pej is entitled to immediately suspend a User and cancel any Orders from the User if the User abuses the Service or causes harm to Pej or the Merchant by, for example, placing false Orders with no intention to receive the Order or otherwise knowingly breaching these Terms of Service.

4 Responsibility, complaints, and returns and cancellations

4.1 Responsibility

The Merchant is responsible for the delivery of the Order, which is made in accordance with the terms stated by the Merchant. Any errors, questions or issues relating to the Order are managed by each respective Merchant and/or Payment Service Provider. Pej is not liable to pay compensation for any type of damage or to pay any penalty fee for responsibilities incumbent on the Merchant or Payment Service Provider.

The Service is provided “as is” and without any commitments as to, for example, its accessibility, quality or suitability for a particular purpose. Your use of the Service is at your own risk. The Service may at times be unavailable, for example when being maintained and in situations outside Pej’s control. Pej reserves the right to change or suspend the provision of the Service as Pej deems appropriate.

To the extent permitted by mandatory Swedish law, Pej is not responsible for Your or third party’s direct, indirect or other damages of any kind. Pej is not responsible to You for any claims against You from third party. Our total liability to You in relation to the use of the Service and for damages, losses and legal actions, can never exceed the amount of the Order You placed when using the Service.

4.2 Complaints

As a consumer, you have the right to submit a complaint in relation to a Product. To make a complaint, you should contact the relevant Merchant, whose full details are available under the Service.

4.3 Cancellations and returns

You can cancel and return a purchase within 14 days. The cancellation period begins the day the Purchase Agreement is entered into if the Order relates to a service, and upon receipt of the product if the Order relates to a product. You can exercise your cancellation right by sending a message in this regard to the Merchant. You are responsible to return the Product in a non-damaged condition.

There are exemptions when the cancellation right does not apply, for example for perishable items, such as food. This exemption often applies to Products sold under the Service. The cancellation right does further not apply to products manufactured specifically to suit your requirements, if the total value of the Order is less then SEK 400 or if the purchase is made from the Merchant’s physical shop.

5 Personal data and technical security measures

Pej processes your personal data in accordance with applicable laws and all processing is protected by appropriate technical and organisational security measures. Learn more about how we process your personal data in our Data Protection and Confidentiality Policy.

6 Clarification in relation to Apple

The parties to these Terms of Service – Pej and the User – clarify the following in respect of Apple Inc. (“Apple”).

Pej and the User are the only parties to these Terms of Service.

Pej is responsible for the Service and its content in accordance with the Terms of Service. The Merchant and the Payment Service Provider are responsible for their respective services in accordance with the Terms of Service. Pej is responsible for operation and maintenance of the Services. Apple is not responsible for the Service and its contents. Apple has no obligation whatsoever to provide any maintenance and support service in regard to the Service.

Claims arising directly or indirectly through the use of the Service can only be addressed to Pej, the Merchant or the Payment Service Provider in accordance with the Terms of Service. Apple is not responsible to respond to any claims from any User or third party concerning the Service.

Pej, the Merchant or the Payment Service Provider – and not Apple – is responsible to investigate, defend and settle any third party’s claim that the Service infringes on their intellectual property rights, as the case may be.

These Terms of Service entitles Apple to apply and enforce these Terms of Service as a third party to the Terms of Service.

7 Force majeure

If the fulfilment of these Terms of Service is impossible due to a circumstance beyond the control of any of the parties and which reasonably could not have been expected, then such breach of contract is excused. Upon elimination of the force majeure event the parties are once again liable to recommence the performance of these Terms of Service. If the purpose of the purchase reasonably has been lost at such point in time, then the purchase shall be reversed, and the Order cancelled.

8 Dispute

You should contact the Merchant if a dispute arises between You and the Merchant. You should contact the Payment Service Provider if a dispute arises between You and the Payment Service Provider.

You should contact Pej for any dispute arising between You and Pej. Swedish law applies to any such dispute. Any dispute arising from these Terms of Service shall be resolved in a public court with the Malmö District Court as the first instance.

9 Amendments to these Terms of Service

Pej reserves the right to amend these Terms of Service. Updated terms of service will be sent to you via email or published on Pej’s website (www.pej.se) no later than 30 days prior to taking effect. You accept the new terms of service by using the Service.

10 Contact

Please contact us for any inquiries You may have.

Pej AB, reg. no. 559046-7873
Stora Varvsgatan 6A, Malmö, Sweden
Phone number: +46 (0)10 188 00 40
Email address: hej@pej.io

 

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