Terms of purchase webshop

These Terms and Conditions of Purchase (“Purchase Terms”) applies to purchases of products in CheckWatt’s webshop made by CheckWatt’s partner (the “Partner”). In the event of any conflict between these Purchase Terms and a separate main agreement between the Parties, the terms and conditions of the main agreement shall prevail where applicable. The Parties are hereinafter referred to individually as “Party” and collectively as the “Parties”.

1. General

  1. These Purchase Terms apply to all of the Partner’s orders and purchases of products available in CheckWatt’s webshop (the “Products”) which are made via CheckWatt’s website https://webshop.checkwatt.se/ (the “Webshop”), unless otherwise specifically agreed.
  2. CheckWatt reserves the right to change the content of the terms and conditions relating to the ordering and purchase of the Products at any time without prior notice to the Partner. The terms and conditions published on CheckWatt’s website https://checkwatt.com/kopvillkor/ at the time the order is placed apply to the relevant order and/or purchase.
  3. The Sale of Goods Act (SFS 1990:931) applies to agreements concluded between the Parties for the purchase of Products via the Webshop, unless these Purchase Terms provide otherwise. The Sale of Goods Act (SFS 1990:931) does not apply in cases where the International Sale of Goods Act (SFS 1987:822) is applicable.

2. Ordering and purchasing products

  1. By placing an order and/or making a purchase of Products via the Webshop, the Partner accepts these Purchase Terms.
  2. Binding agreement between the Parties is reached when the order confirmation has been sent from CheckWatt to the Partner. However, cancellations can be made by email to order@checkwatt.se until the item has been shipped from CheckWatt’s warehouse.
  3. The Partner’s login details, i.e. email address and password, to the Webshop must be handled so that they do not become known to unauthorised persons. All employees and consultants of the Partner who have access to the Partner’s login details to the Webshop shall be considered authorised to place orders on behalf of the Partner. If the Partner suspects that an unauthorised person has access to their login details, the Partner is responsible for immediately notifying CheckWatt of this and to change the password.
  4. CheckWatt reserves the right to cancel or deny orders for Products displayed on the Webshop or in any other sales or marketing channel with an incorrect price or with any other incorrect information. CheckWatt also reserves the right to cancel or deny orders if the Products are sold out. The Partner will be notified if CheckWatt cancels or denies an order as described above.
  5. CheckWatt reserves the right to cancel or deny orders for Products in the event that there is reasonable suspicion that the order has been placed in the name of the Partner without the Partner’s consent and/or that there is reasonable suspicion of attempted fraud. In such situations, CheckWatt shall contact the Partner within a reasonable time to verify the order in question.

3. Prices

  1. The price stated in the Webshop at the time of the Partner’s order of the Products is the applicable price and to which the Parties are bound, unless otherwise specifically agreed.
  2. Prices are quoted in SEK, unless otherwise stated, excluding VAT and any other additional taxes and fees attributable to the Products.
  3. Shipping costs are extra for all deliveries of the Products. The extra shipping cost is stated in the order confirmation.
  4. CheckWatt reserves the right to adjust the prices in the Webshop without prior notice to the Partner.
  5. CheckWatt reserves the right to adjust the price of ordered Products if CheckWatt’s costs for the Products, including costs associated with the Products, increased after the order but before delivery due to circumstances unknown to CheckWatt at the time of ordering, such as changes in exchange rates, changes in tariffs for carriage, and changes in applicable taxes or fees. The increase in price for the Partner corresponds to the increased cost for CheckWatt. Should such adjustment exceed ten (10) percent of the price stated in Clause 3.1 above, CheckWatt shall first notify the Partner thereof and the Partner shall then be entitled to cancel the order and/or purchase by written notice to CheckWatt within five (5) banking days of such notification. In the event that such a message has not been sent to CheckWatt or the specified deadline has expired, the Partner shall be deemed to have accepted the adjusted price.

4. Terms of payment

  1. Payment of the Products is made against invoice, unless otherwise specifically agreed. Payment shall be made within twenty (20) calendar days from the invoice date of issue. CheckWatt issues the invoice in connection with the Products being shipped from CheckWatt’s warehouse to the Partner.
  2. As a starting point, CheckWatt sends the invoices by email. The Partner shall ensure that CheckWatt receives information about the Partner’s contact details. CheckWatt charges an invoicing fee per invoice if the Partner requests a paper invoice.
  3. In the event of late payment, interest on arrears is charged in accordance with the applicable Interest Act as well as debt collection and collection costs in accordance with the applicable Debt Recovery Act and Ordinance.

5. Retention of title

  1. CheckWatt retains ownership of delivered Products until the Partner has completed payment of the Products.
  2. The Partner is not entitled to resell the Products until the Products are fully paid for.

6. Delivery of products

Delivery within Sweden  
  1. For deliveries within Sweden, CheckWatt generally engages PostNord for the performance of the transport of the Products. However, CheckWatt has the right to use another carrier.
  2. The Partner undertakes to inform CheckWatt of the address to which the ordered Products are to be delivered. The Partner bears the risk in the event that an incorrect address is provided.
  3. If delivery shall be made to the recipient’s address, PostNord Parcel is generally used and delivered to the specified address according to the carrier’s times applicable at any given time, currently no later than the following business day and before 18:00. In cases where there has been an obstacle for the carrier to deliver the Products to the specified business address, the Partner is responsible for any damages and costs that may arise for CheckWatt as a result.
  4. If delivery shall be made to a collection point, PostNord MyPack Collect is generally used and delivered to the specified recipient’s agent within 1-2 weekdays. If the Products are not collected from the agent, the Products will in this case be returned to CheckWatt by PostNord at the Partner’s expense in accordance with the carrier’s rules applicable at any given time (currently 7 days for PostNord (2024-09-30)). Other times may apply to other carriers). CheckWatt is also entitled, where applicable, to charge the Partner for other additional costs in connection with the return of the Products.
Delivery within the EU  
  1. For deliveries outside Sweden, but within the EU, the Partner undertakes to contact CheckWatt at support@checkwatt.se to obtain information about possible delivery method and other information about the delivery of the Products.
Miscellaneous  
  1. CheckWatt generally orders the Products from their supplier in connection with the Partner placing orders for Products. Estimated delivery time is normally stated in connection with the order confirmation.
  2. More information about delivery time can be found in the Installer Portal’s news feed at https://kp.checkwatt.se/.
  3. The risk for the Products passes to the Partner when the Products have been handed over to the orderer by the carrier.

7. Complaints

  1. Complaints must be made as soon as possible and no later than ten (10) business days after the Partner has become aware or should have become aware of the defect and/or the lack of a Product upon receipt that does not constitute transportdamage. However,complaintsmustbe made no later than three (3) years after delivery. Complaints are reported in writing to CheckWatt via support@checkwatt.se.
  2. When returning a claimed Product, the Partner is responsible for paying for return shipping. Furthermore, the Partner shall specify the order number, invoice and case number (if any) related to the claimed Product and provide a detailed account of the alleged defect or lack. The Partner bears the risk of the Product during transport.
  3. If the claimed Product is not defective, the complaint will not be approved and CheckWatt has the right to return the Product to the Partner and charge the Partner for the shipping cost and an investigation fee.
  4. In the event of an approved complaint, CheckWatt has the right to choose between repair of the claimed Product, replacement of all or part of the Product, exchange for an equivalent Product or refund of the purchase price.

8. Transport damage

  1. In the event of visible damage or incomplete delivery in connection with receipt of the Products, the Partner shall notify the carrier hereof directly upon receipt of the Products. The Partner shall also notify CheckWatt in writing of the transport damage on the same day.
  2. Any defects and/or damage to the Products shall also be immediately documented in accordance with the carrier’s instructions or by any other means that clearly prove the existence and extent of the damage. The carrier shall sign such a Notification of Damage. The carrier shall then and without delivering the Products covered by the Notification of Damage ship these Products back to CheckWatt. Once the notified products have been returned to CheckWatt, CheckWatt will handle the Notification of Damage with the carrier on behalf of the Partner. The Partner bears the risk of damage that may occur during the transport of the Products back to CheckWatt.
  3. CheckWatt’s liability towards the Partner in the event of confirmed transport damage is limited to the receipt of a new Product. Under no circumstances, however, is CheckWatt’s liability limited to the compensation paid by the carrier for the Product damaged during transport.

9. Return policy and right of withdrawal

  1. CheckWatt accepts the return of Products without defects within four (4) weeks of the Partner’s receipt of the Products, subject to the conditions set out below in this Clause 9.
  2. The possibility of return and right of withdrawal of Products without defects is only applicable in the event that the Partner intends to transfer the Products to the Partner’s end customers who are consumers.
  3. The Partner shall contact CheckWatt if they wish to return the Products and exercise the right of withdrawal pursuant to this Clause 9. After CheckWatt has responded to the Partner regarding the complaint in question, the Partner shall return the Products to CheckWatt together with a copy of the order form and information about any case number and a general description of why the Products are being returned.
  4. The Partner shall return the Products to CheckWatt as soon as possible after CheckWatt has provided feedback on the complaint.
  5. Upon return, the Product must be in unchanged condition and be returned in undamaged original packaging, free from dirt, markings and damage. The Product must not have been handled to a greater extent than necessary to determine the Product’s quality or function.
  6. The Partner bears the risk of the returned Products during the transport.
  7. The return is made at the Partner’s expense. The Partner is thus responsible for paying for the return shipping.
  8. After CheckWatt has received the return of the Products, CheckWatt will assess whether the return is approved. Any refund for accepted returns will be made within 30 calendar days after CheckWatt has given notice of a refund in the complaint case in question, less any return costs and other costs associated with the return, such as depreciation. If CheckWatt does not accept the return, the Products will be returned to the Partner at the Partner’s expense. In the event of such a return of the Product, the Partner is required to make full payment for the Product according to the specified due date, in case payment of the Product has not already been made to CheckWatt.

10. Warranty

CheckWatt provides a two-year warranty from the date of delivery of ordered Products.

11. Limitation of liability

  1. CheckWatt’s liability in the event of defects in Products is limited to what is stated in these Purchase Terms.
  2. Party is liable for damages caused by the negligence of the other Party.
  3. The total liability that may arise for CheckWatt towards the Partner, including liability for acts or omissions of CheckWatt’s employees, representatives or subcontractors as well as liability related to subsequent performance of Products, is limited to the total purchase price paid by the Partner for Products during the last calendar year. This limitation does not apply if CheckWatt acted in gross negligence or with intent.
  4. CheckWatt is in no case liable for indirect, purely financial or consequential damages in connection with the use of the Products.
  5. CheckWatt is in no case responsible for defects or damages that occur due to incorrect assembly or installation, improper care, neglect, improper use or other circumstances that can be attributed to the Partner or third parties.
  6. CheckWatt is not liable for any interruption or delay in the performance of their obligations under the Purchase Terms or for damages if this is a result of circumstances beyond the control of CheckWatt or the control of a subcontractor engaged by CheckWatt, including but not limited to data breaches, data sabotage, act or omission of authorities, sanctions, sabotage, strikes, labour disputes, insurrections, war, hostilities or acts or war, invasion, revolution, military takeover, mobilisation, unforeseen military conscription, terrorism, use of nuclear, chemical or biological weapons of mass destruction, epidemic, pandemic, viral outbreak, natural disaster, severe weather conditions, accident, fire, explosions, currency restrictions, new or amended legislation, power outages, interruptions or delays in external networks, mobile, telephone or internet connections.
  7. If CheckWatt’s ability to perform its obligations under the Purchase Terms is prevented or substantially hampered due to circumstances beyond CheckWatt’s control or beyond the control of subcontractor engaged by CheckWatt, CheckWatt shall be exempt from fulfilling its obligations and from penalties for failure to fulfil certain obligations. In the event that a circumstance referred to exists for a period of more than three (3) months, Party is entitled to cancel the purchase.

12. Product liability

  1. CheckWatt is only responsible for product liability with respect to delivered Products to the extent that such liability follows from mandatory legislation.
  2. If any third party makes a claim for compensation against CheckWatt or the Partner due to personal injury or damage to property invoking liability under the Product Liability Act, the other Party shall immediately be notified thereof in writing.

13. Personal data

  1. For the purposes of an order and/or purchase of Products via the Webshop, CheckWatt processes certain personal data.
  2. The personal data processing takes place in accordance with the established privacy policy.

14. Governing law and disputes

Disputes arising from the Partner’s purchase of Product shall be handled in accordance with the provisions on dispute resolution in the Parties’ main agreement.