Terms and warranty

Business and warranty terms HAGI ehf

 

1. Scope

1.1 These general business and warranty terms and conditions (hereafter also referred to as the "terms") apply to all sales and deliveries of HAGI ehf., id. 411193-2179, Stórhöfða 37, 110 Reykjavík (hereinafter also referred to as "HAGI" or "seller") on goods and services to buyers.

1.2 To the extent that non-derogable provisions of law are inconsistent with the terms and conditions, those provisions prevail over the terms. This refers specifically to law no. 48/2003 on consumer law and the law on consumer contracts, no. 16/2016.

1.3 Other provisions, terms or agreements regarding transactions between HAGI and buyers are only valid if they are in writing and officially signed by both parties.

1.4 The provisions of written purchase contracts or other written agreements for the delivery of goods take precedence over the provisions stated in offers or order confirmations.

 

2. Purchase price

2.1 The seller is permitted to change the selling price of a product or service, which is not delivered as soon as an agreement on purchase is reached, if there has been a change in taxes, customs, currency exchange rates, etc., until delivery takes place.

2.2 All prices in the online store are specified with value added tax. All prices and information are published subject to typographical errors, and HAGI reserves the right to change prices without notice. 

 

3. Delivery and risk of sale item

3.1 If not agreed in writing, delivery of sales items and services is at the seller's address at Stórhöfða 37, 110 Reykjavík.

3.2 If there is an agreement that the seller shall send the sale item to the buyer, the buyer shall bear all the costs of the shipment and, as the case may be, insurance for the shipment. The buyer bears all the risk of damage that may occur to the sale item when he leaves the seller's premises and premises.

3.3 The delivery, warranty and transport terms of those companies for the delivery of the product apply to the sales items that are sent by carriers at the buyer's request. If the ordered product is not picked up by the buyer, the seller reserves the right to send the product to the buyer at his expense. 

 

4. Product return

4.1 The buyer is allowed to return a sale item against presentation of an invoice within 14 days of delivery, and the seller must then refund the product using the same payment method that was used for the purchase. The buyer can only return a sale item in its original condition and in its original, undamaged packaging to the place where the seller delivered the sale item

4.2 When returning a sale item, it is based on its original price, unless the relevant sale item is on sale or on a special offer when returning the product. Then, the price of the sale item is based on the day it is returned.

4.3 Shipping and postage fees are not refunded and the cost of returning the sales item falls on the buyer and will be deducted from the refund if necessary.

4.4 If there is a seal on the sale item, the buyer is not allowed to return it if the seal has been broken.

4.5 The seller must not accept returns on specially ordered sales items. However, the seller may choose to accept a returned special order item at a discount or discount from the original purchase price.

 

5. Limitation of the seller's liability for delivery delays

5.1 Unless otherwise specified in a written agreement between the parties, the delivery date of the sales part is estimated based on the knowledge of the seller. The seller is allowed to change the delivery date if there is a change in the order from the buyer.

5.2 If there is a delay in the delivery of a sales item, such as due to a lack of supplies, products, services, importation by the seller's suppliers, contractors or subcontractors, or for other similar reasons, the seller is not responsible for such.

5.3 If the seller has the right to cancel the order and delivery of the sales item at his supplier without cost to the seller, then the buyer can generally cancel the transaction. If, on the other hand, the seller does not have such a right vis-à-vis its supplier, the seller reserves the right to reject the buyer's claim to cancel the purchase and/or demand compensation for damages resulting from the cancellation of the product.

5.4 If there is a delay in the delivery of a sales item or service, which does not fall under article 5.2. above, the buyer is allowed to withdraw from the transaction.

5.6 The buyer is not allowed to claim compensation from the seller, including damages for loss of business, lost time, lost profit or indirect loss due to delay in delivery or cancellation of the transaction by the seller.

5.7 The parties are aware that unforeseen circumstances may arise (hereinafter also "force majeure"), which cannot be foreseen and could not be prevented, despite reasonable measures being taken. If there is a delay in the delivery of a sales item or service, or if the delivery of a sale item or service becomes impossible due to force majeure, the seller is entitled to cancel the transaction if the situation has lasted for more than 30 days. The buyer cannot claim compensation, including damages due to force majeure.

 

6. Defects

6.1. The buyer must follow the seller's instructions, the instructions accompanying the sale items and other written and verbal instructions from the seller when using and maintaining the sale item. The buyer must use the sale item only for the purpose for which the sale item is intended. Furthermore, the buyer must comply with all applicable laws and regulations when using the sale item.

6.2. Upon delivery of a sale item, before it is put into use, the buyer must inspect and review the sale item to confirm that the condition, quality and quantity of the sale item is in accordance with the transaction and look for defects.

6.3 If it is the buyer's conclusion that the condition, quality or quantity of the sale item is not in accordance with the transaction or that the sale item is defective, the buyer must notify the seller in writing with a detailed explanation, together with photographs or other documents for confirmation, within 7 days after the buyer became it was, or could be.

6.4 In the event of a defect in a new sale item within 12 months (6 months in the case of spare parts) of delivery, the seller shall, at his own discretion: deliver a new sale item in exchange for the defective one, repair the sale item at no cost to the buyer or refund the purchase price to the buyer. This Article 6.4 only applies in case of manufacturing or material defects. The buyer bears the costs of delivering the sales item to and from the seller if he chooses to exercise his right according to this article 6.4.

6.5. The seller is not obliged to repair defects, failures or other things that can be attributed to the fact that the buyer did not follow the instructions and instructions cf. article 6.1, in the case of matters attributable to the normal use and storage of a sale item, if a sale item was used for a purpose other than that for which it was intended, if spare parts or consumables other than those specified by the manufacturer of the sale item or the seller were used, if another party but the seller carried out (or attempted to carry out) repair or service of the sale item, or if the buyer modified the sale item in a manner that is not in accordance with the purpose of the sale item, the law or the CE certification of the sale item.

6.6 The seller is not required to service the sale item or replace spare parts according to article 6.4 in cases where the buyer is able to do so himself. If the buyer has added devices or components to the sales item after delivery, the buyer bears the cost of removing such devices or components if necessary for servicing or repairing defects.

6.7 The seller is authorized to collect costs from the buyer due to unjustified notifications of defects.

6.8 The buyer is not allowed to claim compensation from the seller for loss of operation, loss of time, lost profit or other indirect costs due to defects in the sale item or unilateral cancellation by the buyer.

6.9 If the seller starts discussions with the buyer about a joint solution to a defect, this does not automatically imply the seller's acceptance of the existence of a defect.

6.10 Defective sales items that are replaced and spare parts that are replaced pursuant to article 6.4 are the property of the seller.

 

7. Used devices

7.1 In dealing with used sales items, such sales items are sold in the condition they are in. The seller gives no responsibility for them and they have no rights against the seller.

7. 2 When HAGI is a buyer of used sales items, HAGI shall be given the opportunity to inspect and test the device.

 

8. Payment

8.1 The buyer must pay for the sale item upon delivery, unless otherwise agreed.

8.2 Interest on unpaid, overdue claims is the highest possible late payment interest as determined by the Central Bank of Iceland at any given time.

8.3 The seller is allowed to use payments from the buyer first to subsidize interest, including late interest, for repairs, maintenance, insurance and spare parts for the sale item before the unpaid purchase price is paid.

 

9. Account transactions

9.1. The seller is considered the owner of the sale item until it has been paid in full, together with interest and costs

9.2. In account transactions, the seller may require the buyer to sign a written purchase agreement, take out insurance, etc., before the seller delivers the sale item. The buyer must, as the case may be, insure the sale item in his own name until the purchase price according to art. 9.1. has been paid in full. The insured value shall then be the purchase price plus interest and costs as appropriate.

9.3. Until payment according to art. 9.1. has been made, the buyer must keep the sale item in a safe place and keep the sale item in good condition and give the seller access to the sale item for inspection

9.4. Until payment according to art. 9.1. has been carried out, the buyer is not permitted to mortgage the sale item or take other measures that could give a third party direct or indirect ownership rights over the sale item. If the buyer rents an item for sale or grants access to it to a third party, the buyer must obtain appropriate insurance for the item for sale and inform the seller of its location. 

9.5 The buyer is not allowed to entrust repairs or services to the sale item to anyone other than the seller until payment according to art. 9.1. has been carried out.

 

10. Repairs, service and storage of sales items

10.1 If the seller provides services, inspections, assessments, maintenance, repairs, advice or other similar services (hereinafter "the service") for the buyer elsewhere than at the seller's place, the buyer must pay for the transportation of the seller's employees, or contractors on his behalf, to where the service is to be performed. take place as well as driving back to the seller. The seller is allowed to reject the buyer's request for the service elsewhere than at the seller without reason.

10.2 If the buyer has requested the service from the seller and delivered a sales item to him and the buyer has refused to pick up the sale item and/or has not paid for the service, the seller is allowed to sell the sale item after 3 months have passed. The seller shall then dispose of the sale proceeds according to article 8.3

10.3 The seller is not responsible for monitoring, theft, damage, deterioration of the sale item or anything similar while the sale item is in the seller's possession unless the buyer demonstrates gross negligence on the part of the seller.

10.4 The seller is not responsible for costs due to a delay in the delivery of the service, including loss or damage to property, operational loss, loss of time, lost profit or similar.

10.5 If the seller accepts the sale item for inspection and the buyer later chooses not to request the service, the buyer must pay the seller an inspection fee according to the seller's tariff each time.

10.6 If the buyer wishes to request that the fee for the service does not exceed a predetermined maximum amount, the buyer can only do so when delivering the sales item to the service. The seller shall, to the best of his ability, try to keep the fee below the maximum amount that the buyer is aware of, and agree that the fee may be higher due to unforeseen circumstances.

10.7 If the buyer prefers to receive items from a sales item that was exchanged for spare parts, he must notify the seller of this upon delivery of the sale item. The seller will otherwise dispose of the relevant items at the buyer's expense. Despite the provisions of this article 10.7, the seller is always permitted to dispose of liquids, hazardous materials and other things that the seller finds impossible to preserve at the buyer's expense.

  

11. Liability for damages

11.1 The seller is not liable for compensation or damages other than those mentioned in the terms and conditions, except for gross negligence on the part of the seller.

11.2 Notwithstanding article 10.1, the seller bears no responsibility for indirect loss or costs, including loss or damage to property, loss of business, loss of time, lost profit or similar.

11.3 If the seller is required to pay compensation due to the use, modification, disposal, sale, rental or other disposition of the sale item, the buyer must reimburse the seller for such compensation.

  

12. Law and Jurisdiction

12.1 Icelandic law applies to these terms and any dispute or claim arising out of or in connection with their content.

12.2 Cases brought due to or in connection with the terms and conditions shall be brought before the Reykjavík District Court.

 

Issue 1 Nov 2022