1. Scope

These General Terms and Conditions (GTC) shall apply to all orders made via the web shop at www.damage-case.com, using the Damage Case app, orders processed over phone or email, as well as orders made via marketing and sales channels used by Damage Case. Our offers are directed exclusively at consumers. Contractual partner for all orders will be Damage Case. Contractual partner for the customer account are Damage Case, Peter Kling, Fendergatan 4, 120 71 Stockholm, Sweden. The version of the GTC current at the time of order shall be applicable. The agreement is concluded exclusively in the English language.

2. Conclusion of Agreement

The displaying of articles in the web shop does not constitute a contractually binding offer from Damage Case, but is only an invitation to place an order. If there is a minimum order amount for a product, that value is to be found in the shop. You may only order articles in typical household quantities or in the maximum quantity indicated on the respective product detail page. Once have fully submitted your order, you place a binding purchase for the articles contained in the shopping basket. We will send you an order confirmation and receipt by email after receiving your order. This does not constitute the conclusion of a purchase agreement. An agreement will only be concluded if we have expressly accepted your order, or we have executed delivery to the corresponding extent. We will store the text of the purchase agreement (the content of your order as well as these GTC) and we will send it to you upon request. Damage Case shall remain the owner of the goods until complete payment of the purchase price.

3. Prices and Delivery Costs

The prices indicated in the web shop at the time of order shall be applicable. The prices indicated include the statutory value added tax. Delivery costs and other potential separate charges incurred depending on the payment method will be added.

An order can be subject to a minimum order value. The minimum order value will be stated on our webpage or communicated via email.

You can find the delivery costs and further charges in the checkout section.

4. Terms of Payment

We reserve the right to not make certain types of payment available for individual orders. If costs accrue for the money transaction you will have to bear these costs. You can find the minimum order value in the price table.

With us you can safely and easily pay with your credit card. Credit card details are transmitted in encrypted form via SSL. This high security standard makes purchasing via credit card very secure. We accept MasterCard, Visa and American Express. To process your order, we need the 16-digit card number, the expiration date and the security code from the back of the card.

PayPal is a simple method to place your order with us. To use this payment method, you need to have to be register with PayPal for free.

By use of any third parties at transactions, such Klarna, PayPal, VISA, MasterCard, American Express, etc, that third parties terms and conditions will additionally apply to the purchase.

5. Delivery and Time of Delivery

You can see the expected time of delivery under the “Shipping” section of webpage.

Damage Case shall be entitled to extend the delivery period if our supplier does not deliver the goods correctly or on time despite a proper order (congruent covering transaction) and we are therefore unable to meet the delivery deadline vis-à-vis you. Damage Case will inform you about any non-availability. Delivery time can become longer than stated due to reasons outside of Damage Case control. Such reasons could be variations and disturbances at suppliers or distributers.

6. International Customer Service

We will provide you with accessible, convenient and comprehensive customer service. The international customer service of Damage Case will be available to you for order processing, reclamations and general questions or feedback. Our customer service is available to contact via email or phone. Preferred contact languages are English, German or Swedish.

7. Liability and Warranty

Damage Case shall be liable without limitation for wilful misconduct or gross negligence by Damage Case, its legal representatives or vicarious agents. Damage Case shall be liable for slightly negligent breaches of material contractual duties (cardinal duties) for the foreseeable damage typical for this type of agreement. Material contractual duties are obligations, the breach of which jeopardizes the purpose of the agreement or the fulfilment of which is crucial for the proper performance of the agreement and on which a contracting party may normally rely. Damage Case shall not be liable for the slightly negligent breach of obligations other than the ones stated in the preceding sentences.

The above limitations on liability shall not apply to injury to life, body or health, to a defect after assumption of a warranty for the condition of the product or to fraudulently concealed defects.

To the extent that the liability of Damage Case is excluded or limited, this shall also apply to the personal liability of representatives and vicarious agents of Damage Case. Of course, you shall be entitled to statutory warranty rights.

8. Right of Revocation and Returns

8.1 Right of Revocation and Exceptions

You may revoke your order pursuant to the statutory right of revocation without specifying any reason. For more detailed information, please refer to the right of revocation policy.

Please note: The right of revocation does not apply to agreements for the delivery of:
– Any audio or video recordings or computer software, such as games (eg. CDs, LPs, DVDs) in a sealed package if the seal was removed after delivery.
– For the delivery of tickets for events of any kind with a specific date or period (e.g. concerts).
– For the delivery of goods which are not prefabricated and for the manufacturing of which you have made an individual selection or designation or which have been clearly tailored for your personal needs.
– For the delivery of goods which are not suitable for return for reasons of public health or hygiene where the seal was removed (e.g. piercings, contact lenses).
– Concerning services where Damage Case has completely rendered the service and if you were aware and have expressly agreed prior to ordering that we can begin rendering the service and you will lose your right of revocation upon complete fulfilment of the agreement.

8.2 Revocation Policy

Standard revocation policy for exercising your right of revocation regarding agreements for the purchase of goods
Right of Revocation

You have the right to revoke this agreement without providing grounds within fourteen days.

The revocation period is 14 days and starts to run from the date on which you, or a third party authorised by you, other than the carrier, has taken delivery of the goods or, for digital contents which are not delivered on a physical data carrier (e.g. CDs or DVDs) and services, from the date of the conclusion of the agreement.

In order to exercise your rights of revocation, you must contact us via email and ship the returning item(s) to:

Damage Case
Peter Kling
Fendergatan 4
120 71 Stockholm
Sweden

Email: info@damage-case.com

Inform us through an express declaration of your decision to revoke this agreement via email.

For adherence to the revocation terms, it is sufficient that you send the notification regarding your exercising of your rights of revocation prior to the expiry of the revocation term.

8.3 Consequences of Revocation

In the event that you should want to revoke this agreement, we shall return all payments that we have received from you including delivery costs (excluding additional costs arising from you selecting a form of delivery other than the standard, low-cost delivery we offer), at the latest within fourteen days from the date that we receive your returned item. Under no circumstances will you be subjected to charges for this refund. We may refuse to execute the refund until we have received the returned goods, or until you have provided proof that you have returned the goods, whichever date is earlier.

You will have to return the goods to us without undue delay and no later than within fourteen days of the date on when you received the item. The deadline is deemed to have been met if you dispatch the goods before the expiry of the fourteen days period.

The immediate cost of returning the goods shall be borne by us. You shall only bear any loss of value to the goods if such a loss of value results from any handling of the goods other than that which is necessary to ascertain the nature and functioning of the goods.
The prerequisite for the 14 day take-back guarantee is that you have worn/tried out the goods only for fitting, as in a retail shop, and that you return the goods completely, in their original state, intact and without damage, in the original retail packaging.

9. Protection of Minors

We will deliver products which are subject to age restriction or have not yet received an age rating exclusively using the age and identity check, For this purpose, you might have to state your date of birth when ordering. When delivering such goods, the postal worker can come to check whether you are over 18 years old, and whether you are actually the customer. For this purpose, they will compare the details of your order with the name and address on your identity card or passport.

10. Order of Tickets and Vouchers

10.1 Tickets and Vouchers for Services of other Providers

Where tickets for events are offered in the web shop, we are not the organisers of those events. Tickets ordered are excluded from the right of revocation! We can cancel the ticket purchase if you breach the event conditions or if you try to circumvent them. The revocation/withdrawal can also be declared by crediting the amounts paid.

10.2 Shopping Vouchers / Promotional Code

Any shopping vouchers are only redeemable in the Damage Case app and on our online shop. Shopping vouchers must be redeemed within three years after the end of the year in which they were purchased. Only one promotional code can be applied per order. The equivalent value of a shopping voucher / promotional code cannot be paid out in cash or offset against other claims. Promotional codes can be bound to a minimum order value which you have to reach with your purchase. If you subsequently fall below the minimum order value, e.g. by returning part of your order, the advantage of the promotional code shall lapse.

11. Free Articles

The ownership of free articles will only pass to you upon expiry of the revocation period and the voluntary take-back term (retention of title). If extras are linked to a minimum order value, the minimum order value shall refer to one order and must be reached by this single order even after exercising the statutory rights of revocation or the contractual return rights. If the purchase value of your order falls below the respective minimum order value by virtue of exercising a statutory right of revocation or a contractual return right, then the extra for this purchase must also be sent back with the return of the goods. In this case, an entitlement to other extras shall not arise.

12. Provider Identification

Contact address/Return address:

Damage Case
Peter Kling
Fendergatan 4
120 71 Stockholm
Sweden

Email: info@damage-case.com

Legal corporate domicile: Sweden
Corporate form: Sole proprietorship (Enskild firma)
Managing Director: Peter Kling
Company legal VAT number: SE720919625701

Online dispute resolution European pursuant to Art 14 (1) ODR-VO: The European Commission offers a platform for online dispute resolution (ODR) available under ec.europa.eu/consumers/odr/.

Dispute resolution before a consumer dispute resolution authority (Section 36 VSBG): We are neither prepared nor obligated to participate in a dispute settlement procedure before a consumer arbitration body.

13. Customer Account

You can create an account on our web shop to simplify the administration of your orders, to view your purchase history, to save products, to organize wish lists and to rate your favourite products. Damage Case operate the customer account.

14. Change to the Conditions

We are entitled to change these conditions. If we do so, we will do our best to inform you in due time and notify you of any such changes. When notifying you of the changes, we will also inform you of your right of objection and the consequences of the expiry of the term.

17. Final Provisions

These conditions as well as all purchase agreements concluded in accordance with these conditions shall be governed by Swedish and EU Law without regard to the UN Convention on Contracts for the International Sale of Goods. If you as a private final consumer do not have a place of residence within the European Union, then the place of jurisdiction shall be our registered office. We thank you for the trust you have placed in us and for your interest in our company. Our customer service will be pleased to answer any questions you may have. We are looking forward to your order.

Privacy Policy

Our full privacy policy to be found here (click on link):

Damage Case Privacy Policy Link