TERMS OF BUSINESS
ShopByLocals – BUYER
The terms of business were last updated on 19 April 2022
1. GENERAL INFORMATION
CVR No. DK-39964104
Address: Edvard Thomsens Vej 39, CPH 2300 Denmark
Email: [email protected]
Telephone No: +45-538-53276 (+45-538 LEARN)
All products displayed on shopbylocals.com are sold by third party independent Sellers. shopbylocals.com is neither the buyer nor the Seller of the products. shopbylocals.com is the platform provider and commercial agent of the Sellers, enabling Sellers and customers to complete transactions. At shopbylocals.com, you as a customer can buy products (physical and digital) and services from our many independent locals / partners / suppliers / third parties hereafter named Sellers. Shopbylocals.com acts solely as an agent for the third parties selling goods via shopbylocals.com (each a Seller). When purchasing goods from a Seller on Shopbylocals.com, the buyer enters into an agreement directly with that Seller as the contracting party and that Seller is responsible for the supply of the goods. Shopbylocals.com is therefore not responsible for the performance of agreements concluded with Seller. Shopbylocals.com is thus considered as a marketplace and an advertising platform that only mediates contact between you as a consumer and the Sellers. Responsibility for the performance of the agreement is upon the Sellers. You should therefore contact the Seller if you have any questions regarding the specific product.
2. TERMS OF BUSINESS
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate and complete.
You must be at least eighteen (18) years of age. If you are not of legal age in your country of residence, you must have your parent or legal guardian to complete the registration on your behalf.
If you provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any future use of the Service (or any portion thereof).
4. COMPLIANCE WITH AND RULES
You agree to comply with all local laws and rules regarding online conduct and acceptable content as well as with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
5. ORDERING VIA THE ShopByLocals MARKET PLACE
If through ShopByLocals, you have entered into an agreement with one of our Sellers for the purchase of a product that the partner must deliver to you, you will by e-mail, receive an order confirmation (acknowledgment) that the purchase of the item has been completed. The delivery of the item will be made according to what is specified in the specific purchase and what is stated in the order confirmation (receipt).
As a buyer, check that the order confirmation on the item is in accordance with what you ordered. If not, contact your Seller as soon as possible either via email, phone, or live chat so your order gets corrected.
Digital products: All rights to courses, workshops, events and digital products belong to the seller unless otherwise stated. Upon purchase, only a license is obtained to use the purchased product, as stated under the product in question. You are therefore only licensed to use it privately and not commercially unless otherwise stated.
1:1 program: When you purchase a 1:1 program, you will have to redeem it within 12 months from the purchasing date.
On the ShopByLocals website, the contact details appear at the top or bottom of the page or under the links “contact us”, “contact” or “customer service.”
6. PRICE AND PAYMENT
The prices of the product / service are set by the Seller.
All prices quoted are indicative prices including VAT and taxes on recipient order country.
When paying on ShopByLocals, prices will be used as quoted on the website. Payment can be made through the following means: Dankort, VISA, Visa Electron, Mastercard, American Express, JCB and Maestro, PayPal, Stripe, Bank Transfer, Credit Cards, AliPay, ApplePay, Vouchers in connection with purchase of goods and payment by credit card. ShopByLocals is approved for internet commerce.
No fees are charged for credit cards. But fees may be charged for company cards.
The amount will not be drawn from your card account until the goods are dispatched.
If you pay by bank transfer, you are not protected by the scheme granting the right to object.
If you pay through PayPal, you are not protected by the scheme granting the right to object. Read more about the conditions on the PayPal website.
The purchase of a product is completed only if and when we manage to register the payment. If the payment is unsuccessful on the first attempt (for example, because the specified card account does not exist, does not have coverage, the credit card number is incorrect or the card has reached the credit limit), the purchase will not be completed.
Once your payment has been completed, you will receive, as mentioned above, an order confirmation via email. This email is your receipt and proof that your order and payment has been completed.
7. DELIVERY AND FREIGHT
All products displayed on ShopByLocals are sold by third party independent Sellers. ShopByLocals is neither the buyer nor the Seller of the products. ShopByLocals is the platform provider and commercial agent of the Sellers, enabling Sellers and customers to complete transactions. ShopByLocals acts as a commercial agent on behalf of the Sellers only and not on behalf of customers. In our agreements with the Sellers, the Sellers have authorised ShopByLocals to conclude the sale of products to customers. This means that ShopByLocals has the authority from the Sellers to bind the Sellers to a sale of products. A contract formed on the completion of a sale of a product is made solely between the customer and the Seller, although ShopByLocals has the Seller’s authority to bind the Seller to a sale of a product pursuant to such contract. ShopByLocals is not a party to such contract nor assumes any responsibility arising out of or in connection with it. We are using our best efforts to make certain that the products purchased by you at ShopByLocals are of good quality, meet the requirements of all relevant rules and regulations and are in all material respects in accordance with the product description displayed at ShopByLocals. We are monitoring our Sellers’ delivery processes and our customers’ feedback of products sold at ShopByLocals.
We receive your payments on behalf of the Seller, and we also undertake to refund you on behalf of the Seller any money which you may become entitled to.
Warranty terms are product specific, and therefore will be provided with the relevant product, or by the relevant Seller.
If your purchase relates to a product, the terms of delivery of the Seller apply. If your delivery is delayed or incorrectly delivered and is not ShopByLocals fault, we cannot be held responsible and you should therefore contact the Seller. Of course, you are always welcome to contact ShopByLocals customer service and hear if we can help you.
The freight information such as name of the carrier(s), freight prices, expected delivery time and other any special terms and conditions e.g., delivery to the curb, without carrying upstairs etc. will be visible during the checkout depending on your choice and in the Sellers terms. It will be shown on the order confirmation email and in your dashboard.
On the product card you can see when the product is shipped from the Seller (Processing time). Depending on where the item is sent from and to, the delivery time is between 3 and 23 working days. This is added to the time of dispatch/processing time e.g.:
Processing time 1-2 business days + 2-21 shipping days = total 3-23 days of arrival
Delivery times vary between the seven continents: Africa, Asia, Antarctica, Europe, North America, South America, Australia.
ShopByLocals encourages Sellers to send a message about the delivery time, but you are always welcome to contact the Seller in question to hear about a more precise delivery time or follow the stated Track and Trace number.
The Seller will not be responsible for tolls and other related import administrative services costs related to the delivery and freight.
7.1. Vouchers and Gift Certificates
Particularly regarding redemption of vouchers and gift certificates at the Seller.
Seller may need to restrict access to a given product or service. Therefore, if you want to redeem your voucher on a specific date, we recommend that you redeem your voucher as soon as possible or reserve that date with the Seller.
7.1.1 Expiry of gift certificates and vouchers
The validity period for your gift certificate / voucher is basically stated on the voucher. If nothing is stated on the gift card / certificate, the validity period is 3 years from the date of issue, ie. from the date you received it per email. If you have purchased a voucher which relates to a product that is only offered by the Seller for a limited period, on a specific date or the like (such as an event / event), the validity of the voucher will automatically be limited to this.
All vouchers are provided with a unique code. The Seller must use this code when you redeem your voucher. Copying or tampering with the vouchers is not allowed. In case of suspicion of copying or tampering, ShopByLocals reserves the right to disclose the relevant information collected to the respective Seller.
7.2. Digital Products and Services
Digital products are yours to own forever unless otherwise stated. But we do not commit to storing the material forever. Therefore, it is only yours forever if you download the material for your own storage, as well as create a backup in case you should lose access to the downloaded material. However, we never shut down access to the material without a minimum of 14 days’ notice. It is the responsibility of the Buyer to keep his/her e-mail up-to-date, so warning notifications can be delivered.
You are responsible to meet, call or log in at an agreed / announced times – including that you have the necessary equipment to connect online. You are responsible to provide your updated telephone numbers and e-mail addresses at all times.
8. FORCE MAJEURE
Neither the ShopByLocals nor the Seller are liable for failure to fulfil its obligations under the agreement if the failure to fulfil the transaction is due to force majeure or forcible circumstances and the parties should not have taken into consideration the obstruction or subsequently avoided it by signing the agreement.
9. CANCELLATION RIGHTS
As a costumer, when you buy from Seller, you have a 14-day cooling-off period, in which you have the right to cancel the purchase.
This cooling-off period expires 14 days after the day on which you received your goods. If you have ordered several items in the same purchase, and they are delivered separately, the period runs from the day you received the last item.
If the purchase consists of several consignments or parts, the right to cancel will lapse 14 days after the day you receive the last consignment or the last part.
If the agreement is for regular deliveries of goods over a specific period, then your cancellation right lapses 14 days after the day when you receive the first package.
The period means that you have 14 days after receiving the goods to let the Seller know that you want to cancel the purchase. You can fill out a cancelation request or send an e-mail to Seller via their shop page or make use of the standard cancellation form, which you will find at the end of the terms of business.
You cannot cancel the purchase by refusing to receive the goods, unless you inform Seller at the same time.
9.1 Part of the Purchase
If you have bought more than one item from Seller, you may return one or several items, even if they were bought in a single order. Please note that freight charges will not be refunded if you cancel part of your purchase.
9.2. Returning the Goods
When you have informed Seller that you are cancelling your purchase, you have 14 days in which to return the goods to the Seller. You yourself must pay for returning the package, and you will be liable if it is damaged during transport.
9.3. No Right to Cancellation
– Deliveries of food and drinks or other items for regular household use, which are delivered physically to your address or place of work by a commercial carrier who regularly delivers goods in your area,
– Establishment or transfer of rights over real estate. This does not apply, however, to financial services or agreements concerned with renting real estate, Construction of a building,
– Agreements on rights of use of accommodation on a time-share basis etc.
– Agreements on package tours,
– Games, where payment is made to take part,
– Delivery of non-financial services, for which delivery has been completed, if you previously have accepted that the service shall begin, and that you thereby lose your right to cancel,
– Deliveries of goods which are made to your specifications or which are of a clearly personal nature,
– Deliveries of goods which may be assumed to be perishable or rapidly become time barred,
– Deliveries of sealed items which for health or hygienic reasons are not suitable to be returned, when the seal has been broken after delivery,
– Deliveries of goods which, because of their nature are mixed with other goods on delivery and cannot be separated out again,
– Deliveries of alcoholic beverages for which a price was fixed when the agreement was finalised, when delivery cannot be made until 30 days later, and the actual value is dependent on market fluctuations over which the trader has no control,
– Agreements on specific urgent repair or maintenance work at your address, which you have expressly asked for,
– Deliveries of sealed sound or visual recordings or computer software, if you have broken the seal,
– Deliveries of newspapers, periodicals or magazines, but not, however, if these are delivered as part of a subscription,
– Agreements entered into at a public auction,
– Agreements on accommodation, but not, however, for residential purposes; car hire, catering or leisure offers when the date or period has been agreed upon. (The last-mentioned may be courses, performances, rallies etc.)
– Delivery of digital content such as computer programs, apps, games, music, films etc. which are not delivered physically, e.g. on a CD or DVD, if you previously have accepted that implementation shall begin and that you thereby lose your right to cancel,
– Financial services under the Act on Mortgage-Credit Loans and Mortgage-Credit Bonds etc.
– Agreements on goods, securities or services whose prices depend on market fluctuations over which the trader has no control, when these fluctuations can occur in the cooling-off period.
9.4. The State of the Article When You Return It
If the value of the article is reduced, and the reason is that you have used it in any way beyond what was necessary to check the type and properties of the article and how it works, then only part of the purchase sum can be refunded to you. The amount that can be refunded depends on the saleable value of the article, and in certain cases this may mean that only the freight charges can be refunded.
We recommend that you return the article in its original packaging.
If the original packaging is missing, it may reduce the value of the article.
9.5. Refund of the Purchase Sum
If you cancel a purchase, you will get your money back. If the value of the article is reduced, Seller will deduct the amount you are liable for.
Seller refunds all payments received from you, including delivery costs (which does not apply, however, to extra delivery costs if you have chosen a form of delivery other than the cheapest standard form of delivery which we offer), not later than 14 days from the day when Seller has received your notification that you want to cancel the agreement.
Seller will return the money by the same means of payment which you used for the purchase, unless otherwise agreed.
Seller may hold back the payment until we have received the article, unless you send documentation that you have returned it.
9.6. Send the Article To
The returns shall be sent to the Seller’s address which can be found in the Seller’s shop page or via link in the order confirmation. The Seller will only accept packages sent directly to the provided address or one which you and Seller has agreed upon.
The returning article shall be returned to the Seller’s address which can be found in the Seller’s shop page via link in the order confirmation.
Seller will only accept packages sent directly to the agreed address by prior agreement.
If you send it to non-agreed address, you are not entitled to get your money back. It is your responsibility to proof that you have returned the package via a Track & trace number.
You can also cancel the purchase by informing Seller and personally returning the article to the given address by the Seller by prior agreement.
10. RIGHT TO MAKE COMPLAINTS
When you trade with Seller as a costumer, the Danish Sale of Goods Act applies.
This means that you have a right to complain within 24 months unless you are buying as a business (b2b) where you have the right to complain 12 months. Please contact the Seller or us before you return the article.
If your complaint is justified, it means that you may either have the item repaired or replaced, or your money refunded, or a reduction in the price, depending on the specific situation.
You must complain within a “reasonable time” after you have discovered a defect. If you complain within two months after the defect has been discovered, it will always be regarded as within a reasonable time.
If the complaint is justified, we will refund your freight costs (within reason). The article must always be retuned in suitable packaging. Remember also to obtain a receipt for dispatch, so that Seller can pay back your freight costs.
10.1. Send the Returning Article To
Seller will only accept packages sent directly to the agreed address by prior agreement.
When you return the article, please attach a detailed description of the problem.
11. PERSONAL DATA POLICY REGARDING PURCHASE
ShopByLocals needs the following information when you trade with Sellers:
Name, address, telephone number and e-mail address.
You may review, change, or remove that name through your account settings. You need to provide this information to enable us to provide you with the Services. Depending on which services you choose to use, additional information, billing and payment information (including billing contact name, address, telephone number, credit card information), a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular service. You are not required to provide us with this information to sign up, but we will need it to provide certain services. For example, we need a physical postal address if you are buying something on the site for delivery.
Only a limited number of employees have access to your data. By entering your email address and telephone number in connection with your purchase at ShopByLocals, you agree that ShopByLocals may disclose this information to the Seller in order to deliver the goods or services you have purchased. Seller uses e.g. the information in connection with the track and trace of the shipment.
The Seller is then independently responsible for the data, and questions and requests for insight must therefore be addressed directly to the Seller.
Personal data is registered with HubLearn ApS and is kept for five years, after which the details are deleted.
In addition, we work with a number of other companies who store and process data. These companies process the data exclusively on our behalf, and must not use them for their own purposes.
ShopByLocals work only with processors of data in the EU or in countries where your data will be given adequate protection.
On ShopByLocals.com, the person responsible for data is HubLearn ApS.
You are entitled to be told what details about you we process.
If you believe the details are inaccurate, you are entitled to have them corrected. In certain situations, we are obliged to delete your personal data if you ask us to do so. These could, for instance, be data which are no longer necessary for the purpose we used them for. You can also contact us if you believe that your personal data are being processed in a way that is against the law. You can also write to us at: [email protected].
12. WHERE YOU CAN COMPLAIN
If as a costumer you want to complain about your purchase, please contact the Seller first and secondly [email protected]. If you do not succeed in finding a solution, you can send a complaint to the Centre for dealing with complaints at:
Center for Klageløsning
If you are a resident of a country outside Denmark, you can complain to the EU Commission’s online complaints portal here – http://ec.europa.eu/odr
Please report any violations of the website to ShopByLocals customer care link here
14. STANDARD CANCELLATION FORM
(This form is only to be filled in and returned when the right to cancel is exercised)
Name of Seller: _________________________________
Address of Seller: _______________________________
Postcode of Seller: ______________________________
Town of Seller: _________________________________
Email of Seller: _________________________________
I wish to make use of the right to cancel in a purchase agreement concerning the following goods/services:
Ordered, date: _______________________________
Received, date: _______________________________
Consumer’s name: ______________________________________________________________
Consumer’s address: ______________________________________________________________
Consumer’s signature: _________________________________________
(only if the content of the form is given on paper)