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GENERAL TERMS AND AGREEMENT OF SALE

Legal Terms and subject for DevinSense business

1.General

1.1 The web shop found www.DevinSense.com, www.DevinSense.eu, www.NorthMedsim.com. www.Ultraljudsimulator.com and sub-domains (the “Web shop”)  are run by DevinSense AB, a legal entity based in Sweden with company registration number 556919-1645, Veddestavägen 19, 17562 Järfälla, Sweden  (below referred to as ”Company”). This General Terms and Agrement of Sale are for Web Shop sales and general sales run by DevinSense AB to Customer.

The Company only do business with Customers acting as a legal entity. Reverse charge for EU customers and EU VAT number is required for sales. Sales to private entities (persons, consumers) will only be permitted in certain cases after written agreement and with added VAT as Swedish MOMS (25%).

These General Terms and Agreement of Sale applies for all DevinSense sales unless other agreement in writing, between parties. Any other conditions referred to by Customer shall be valid only if accepted in writing by the Company.

2 Prices and payment

2.1 Company pricing could be changed at any time and without any notices but will not apply for items already purchased by the Customer. Company serves the right to review and change pricing on quoted items if exchange rate SEK/EURO/CAD/DKK/USD/NOK should differ more than 5% from the rate at noon GMT on the date of the quotation. The final price for the purchased products will be specified in the order confirmation.

2.2 All prices offered by the Company are excluding VAT, taxes, duties, import, or any other costs or fees if not stated otherwise. Reverse charge (no added VAT) within EU is valid upon validation of customer VAT according to http://ec.europa.eu/taxation_customs/vies/. Sales/pricing to Norway are excluding VAT/MVA. Cost for delivery/shipment will be provided upon placing the order or in quotation.

2.3 Payment to the company is according to the information as specified on the quote/order confirmation/invoice or via credit card trough payment (web shop).

2.4 Payment for web shop purchase is done when placing the order, before delivery. If payment against invoice payment terms are 30 days and apply from invoice date. If the Customer is late with payment, company is entitled to interest in accordance with the Swedish Interest Act.

2.5 If payment is not received according to the General Terms and Agreement of Sale the Company serves the right to suspend any or all deliveries.

2.6 For order outside the EU, Customer might be charged with taxes, duties, import and brokerage fees upon receiving the goods. All such expenses are additional to these General Terms and Agreement of Sale and is not compensated by the Company.

2.7 All goods are in company’s property until full payment is received the retention of title shall not affect the passing of risk of loss or damage to the goods.

3 Delivery

3.1 Company deliveries are according to Incoterm2019DAP.
In case of late delivery, company shall notify the Customer and provide a new estimated time of delivery. If the goods cannot be delivered at such new delivery date, Customer may terminate the Agreement. The company shall in any case, not be liable to pay for any damages to the Customer due to delay in delivery of goods.

4 Defective goods

4.1 The company warrants sales of products as specified at the time of purchase. The Company undertakes to remedy or repair, at no cost for Customer, any defects in goods or supply substitute goods.

4.2 Customer must report any damage or loss,in writing, of goods upon receipt of the goods within ten (12) Swedish business days from the delivery date. The company undertakes to remedy Customer except for what is stated in Section 4.3, any defects in goods, or supply substitute goods, or compensate Customer for the value of such defective goods (at Company sole decision), up to a maximum amount corresponding to the purchase price for the defective goods. All return of defective goods shall be sent to Company address as provided to the customer at Customer cost and risk for the transportation of the defective goods.

4.3 Customer takes the costs and the risk for returning the defective goods to the Company. Customer is responsible for any damage or loss of the item during the return of the item to the Company.

4.4 The Company is not liable for any delay or damages of goods caused by the transportation supplier. Any delay or damages resulting from the transportation of the goods shall be notified to and handled by the transportation provider.

5 Liability

5.1 The Company shall have no liability for any damage or loss due to delayed or defective products, provided that the company has not caused the delay, damage or loss by negligence. The Company shall under no circumstances be liable to the Customer for loss of any profit, revenue, savings or goodwill, loss of data, the Customer’s obligation to compensate a third party or any other indirect or consequential damage of any kind caused by direct and/or indirect caused by the products.

5.2 The Company total liability under these General Terms and Agreement of Sale, in respect to any direct and/or indirect cause of damage to the Customer shall be limited to an amount equal to the Customer total purchase price of the products.

6 Ownership

6.1 All intellectual property rights to the service or products and related documentation supplied by the Company, including but not limited to patents, copyrights, design rights, know-how and trademarks, shall be owned by the Company or the Company suppliers and/or partners and nothing in these General Terms and Conditions shall be interpreted as a transfer of such rights from the Company to the Customer.

7 Privacy policy

7.1 The Company will process personal data regarding the contact person for the purchase, as provided (company, VAT number, name, email, address and telephone number and correspondence) in order to be able to administer, process and deliver the Customer’s orders i.e fulfill purchase order/contract/agreement by law. The company will also process data regarding the transaction/Payment, including relevant personal data, if any, for bookkeeping purposes in accordance with the Swedish Bookkeeping Act.

7.2 The Company will handle information according to GDPR law and Company GDPR strategy, further described in Company GDPR strategy.

7.3 The Company might use Customer name for marketing purpose but will in most event notify and ask for permission before doing so.

8 Others

8.1 In case of force majeure (e.g. war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events) the agreement between the Company and Customer can be partially or fully terminated by the Company without incurring any liability whatsoever.

9 Governing law

9.1 These General Terms and Agreement of Sale are governed by Swedish law. Any dispute, controversy or claim arising out of or in connection with the Agreement, or the breach, termination or invalidity thereof, shall at first instance be settled by the District Court in Stockholm, Sweden.

GDPR, DEVINSENSE, DEVINSENSE.COM, NorthMedSim.com,UltraljudSimulator.com

To comply with the new EU directive, GDPR, we need to inform you what kind of information you saved in our systems, that is about you.

For our customers we record company name, customer person name, address, email, phone number, billing address and delivery address. Our customer could receive email that contains information regarding their products, but also information according to what is described as used for below, in our market registry.

We also have a registry we call market registry that contains only emails (and to some extend in specific cases contact names). The registry is used for mailings, market communications, newsletters and promotions or other information that we think could be of possible value to the receiver. The emails are sent at irregular intervals but not more then 20 times a year to each specific receiver. The market registry could also contain a note of preferred market target, i.e “medical” or “engineering” that allows us to target specific information of relevance to that receiver.

The email-addresses we currently store have been retrieved via

  • Registration in form on www.devinsense.com or any of the sites mentioned above
  • Customers who bought products or services from DevinSense AB
  • Collection of email addresses at events, fairs, visits and similar occasions.
  • Contacts from Linkedin, Facebook.
  • Information from DevinSense webshop or an shop mentioned above

Each marketing email from DevinSense will contain unsubscribe functions.
DevinSense do not share our registry with any external physical or legal person violating the GDPR.
Contact details from webshop are subject for DevinSense to fulfill delivery of goods and services.

DevinSense primarily use Mailchimp for market communication.

Any contact receiving email from DevinSense could request information from DevinSense regarding their possible registered information in the registry as required from the GDPR compliance.

Contact info@DevinSense.com for more information or if you have any questions.

WHAT ADDITIONAL DATA DO WE COLLECT

1. COMMENTS

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

2. CONTACT FORMS

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

3. EMBEDDED CONTENT FROM OTHER WEBSITES

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

4. HOW LONG WE RETAIN YOUR DATA

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

5. WHAT RIGHTS YOU HAVE OVER YOUR DATA

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.