Terms & Conditions

The following terms and conditions and the Privacy Policy applies to your use of and visits at AARKE’s website or mobile website (collectively referred to as the “Website”) and to all orders placed with AARKE AB (hereinafter referred to as “AARKE”) via the Website. By your use of the Website, including by placing an order, you are accepting these terms and the Privacy Policy, and you certify that you have the legal capacity to enter into contracts, or that you are under the supervision of a parent or legal guardian who agrees to be bound by these terms and the Privacy Policy. If you do not fulfill these requirements you may not use this Website or place any orders. 

Please note that the Website is intended for sales to consumers only. When you order a product on the Website, you represent and warrant that you are ordering the product for personal and not for commercial purposes and that you do not intend to resell the product for commercial purposes.

AARKE reserves the right to revise or amend these terms at any time without prior notice. The terms that will apply to your visit or order are those presented on the Website at the time you visit the Website and place your order.

If any part of these terms is declared or deemed void, invalid or unenforceable the remaining terms and conditions shall continue to apply.

AARKE cannot guarantee that the content of the Website is free from errors or that the information is up to date. AARKE may at any time amend the content of the Website and reserves the right to cancel an order prior to dispatch if the information provided, including the price for a product, is incorrect. Upon cancellation of an order AARKE will notify you by e-mail.

The presentation of a product at the Website does not imply or warrant that such product is always available. AARKE reserves the right to discontinue any product at any time.

AARKE makes all reasonable efforts to accurately display the products, including their colors. However, the actual color you see will depend on your system configuration and AARKE cannot guarantee that your computer will accurately display such colors.

Please note that products available for purchase from the Website are intended for non-commercial use only.

You understand that by using this Website or any services provided on this Website, you may encounter content that may be deemed by some, including you, to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that AARKE has no liability to you for content that may be deemed offensive, indecent, or objectionable.

Unless otherwise noted, the design of the Website, including the software, source code, text, images and all other content and materials that are part of the Website (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by AARKE or a third party. The Content is intended solely for your personal and non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of your use of the Website.

You may not copy, reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Website without AARKE’s explicit prior approval. Your misuse of the Content is strictly prohibited and may subject you to liability under federal, state or international laws.

The Website may contain links to sites and mobile apps of third-party providers and websites and sites/dealings with other advertisers which are not under AARKE’s control. You acknowledge and agree that AARKE is not responsible or liable for the content of any linked site or app or any link contained in a linked site or app, or any changes or updates to such sites or apps. Your correspondence or business dealings with, or participation in promotions of, third party providers (including, without limitation, advertisers) found on or through the Website are solely between you and such third-party providers. You further acknowledge and agree that AARKE will not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or as the result of the presence of such third-party providers on the Website. This includes the sharing of the information you supply to AARKE with third-party providers (including, without limitation, advertisers), or as the result of the presence of such third-party providers on the site. Please visit the Privacy Policy to learn more about how AARKE uses your information.

From time to time, AARKE may allow you to post comments, suggestions, ideas, materials and other submissions ("User Submissions") on the Website. These User Submissions are provided on a non-confidential basis and, by submitting User Submissions, you are granting AARKE an irrevocable, sub-licensable and unrestricted license to fully exploit such User Submissions.

You acknowledge and agree that AARKE may disclose information you provide (including, without limitation, personal data) if required to do so by law, at the request of a third party (including, without limitation, law enforcement agencies), or if AARKE, in its sole discretion, believes that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement; (ii) protect or defend AARKE’s, or a third party’s rights or property; or (iii) protect someone’s health or safety, such as when harm, violence, or abuse against any person is threatened.

When you place an order through the Website, you will receive an order confirmation through e-mail.

For AARKE to be able to deliver an order you must enter your contact details and the correct delivery address, which means an address where delivery can be made during normal working hours from Monday to Friday. Please note that delivery cannot be made to post boxes as the delivery may require a signature upon receipt.

Once an order has been placed you cannot change the delivery address.

AARKE cannot deliver to certain countries or regions, which you will be informed of either when placing an order or afterwards.

When your order is ready to be shipped you will receive the delivery information by e-mail. If your order is not delivered in accordance with the delivery information, please contact the courier’s customer support and provide the tracking number for your delivery. Please contact AARKE via the Customer Support Form if you have not received a tracking number or if the tracking number received is incorrect.

If AARKE cannot fulfill your order you will be informed thereof as soon as possible and AARKE will refund any amounts paid using the same method used for payment. If an alternative method of refund for any reason is necessary, you will be contacted by AARKE to arrange the refund.

For orders to be shipped to a delivery address within the EU, AARKE will charge VAT, which means that VAT must be paid on all prices for products and services covered by the order. For such orders, the prices on this Website also include VAT.

Please note that if an order is to be shipped to a delivery address outside the EU, such order may be subject to import charges, customs duties and taxes, such as VAT, which you are responsible for paying. Such charges, duties and taxes are not included in the prices on this Website and AARKE is not responsible for collecting or administering such charges, duties or taxes. Furthermore, AARKE has no information about the extent of the same as these differ. AARKE advises you to contact your local customs authority for further information before placing an order. Please also note that if you do not pay such charges, duties and taxes, you will most likely not receive the ordered products and AARKE will have no obligation to compensate you for such order or non-delivery.

If the order cannot be fulfilled for any reason for which AARKE is not responsible, such as incorrect delivery address, the courier not being able to reach you, or non-payment of the charges, duties or taxes (if applicable), AARKE reserves the right to retain the full amount paid for the order if the products are not returned to AARKE, and, upon return, an administrative fee as follows: for orders within EU – fifty EUR (€ 50), and outside of EU – eighty EUR (€ 80). The administrative fee will however not exceed the total amount that you have paid for your order and any excess amount will be refunded to you.

The cost for each delivery method is clearly stated at checkout. If AARKE is unable to deliver your order in full and has to send more than one shipment, there is no additional cost for the subsequent deliveries.

When placing an order for a Product that not yet is launched or that currently is sold out (a “Pre-order”) the contact information provided must be accurate and kept updated, or else AARKE will not be able to keep you informed of the status of your Pre-order. You can up-date your contact information at any time prior to your order being shipped by contacting AARKE via the Customer Support Form.

When you place a Pre-order you will need to pay the full price for the product(s) ordered and any applicable delivery fees. Please note that as with all orders Pre-ordered products may be subject to import charges, duties and taxes that you are responsible for paying. Please note that Pre-orders are non-transferable.

Pre-ordered products will be shipped as soon as possible, subject to availability. Please note that launch dates and dates of availability of products are subject to change and AARKE is not liable for any changes to such dates.

Either party may cancel a Pre-order at any time for any or no reason prior to the notice to you that the Pre-ordered product/s has/have been shipped (“Shipping Notice”). If cancellation occurs before AARKE has sent you the Shipping Notice you will be entitled to a full refund of your Pre-order payment. If you would like to cancel the purchase after the Shipping Notice is sent to you the terms regarding right of withdrawal shall apply.

Regarding any Pre-order for a product that is not yet launched you understand and agree that such product’s design and technical features are currently under development and that the product that may be shipped to you may differ from the product displayed at the time of Pre-order. If for any reason you are not happy with the final version of the product, your sole and exclusive remedy will be your right of withdrawal.

In addition to what is otherwise set out, the following terms and conditions apply for all orders for subscriptions of products (“Subscription”) placed with AARKE. Please note that Subscriptions may not be available for all products or for delivery to all territories.

To sign up for a Subscription you log in to your existing account, or create such an account, with AARKE at the Website. Each delivery of products is considered as a purchase of products, and your right of withdrawal applies for each purchase. When you sign up for the Subscription, you are to provide to AARKE requested information, including the following:

a) the products that you wish to subscribe for,

b) how often you would like to receive delivery of products under your Subscription,

c) the delivery address for the products, and

c)  your payment method.

AARKE will under the Subscription send you the products you have chosen, at the times you have decided and charge your payment method prior to such deliveries. AARKE may have to pause or cancel your Subscription, for example if the product is out of stock or discontinued. AARKE will inform you thereof by e-mail.

At your AARKE account, you can change the products that you wish to receive and when you would like to receive delivery under your Subscription. During the Subscription you also have the right to reschedule or skip selected shipments.

Changes or requests to reschedule or skip shipments will be effective from five (5) business days after the change or request is made. If you already have a delivery planned within such period AARKE may not have time to take your change or request into consideration before the planned delivery, meaning that the delivery may be executed as earlier planned and you will be charged for such delivery. Any changes made will however be valid for the coming deliveries.

You may end your Subscription at your AARKE account or via the Customer Support Form. Please note that if you end your Subscription within five (5) business days from a planned delivery, your request to end the Subscription will be valid after such delivery is made and you will be charged for such delivery.

AARKE reserves the right to end your Subscription at any time, without cause, and also to not deliver any products if your payment for such products has not been cleared.

You can pay for your product(s) in the ways set out on the Website at the time of your purchase. Please note that the terms and conditions for each payment method and the privacy policy for such payment method provider may vary depending on the provider.

Right of withdrawal

You have the right to withdraw from a purchase, in accordance with what is set out below, without giving any reason.

The withdrawal period expires 30 days from the day on which you receive the ordered product. In case an order for multiple products is delivered at different times, the withdrawal period will expire 30 days from the day on which you receive the last product.

To exercise the right of withdrawal, you must inform AARKE via the Customer Support Form or by regular mail of your decision to withdraw from a purchase by an unequivocal statement. You may use the model withdrawal form set out below. For AARKE’s contact information, please see below.

……………..

Model withdrawal form (complete and return this form only if you wish to withdraw from a purchase):

If by post: AARKE AB
Hälsingegatan 49
113 31 Stockholm
Sweden

If by e-mail: support@aarke.com

Notice of withdrawal

I hereby give notice that I withdraw from my contract of sale of the following product(s) [please insert], [please also include order number for easier handling]. Ordered on [please insert](*)/received on [please insert] (*).

Name: [please insert],
Address: [please insert],
Signature: [please insert] (if the form is notified in physical form),
Date: [please insert]

……………..

Effects of withdrawal

Once you have exercised the right of withdrawal you will receive a return label that is to be used for the return. The product, together with its original packing, inserts, accessories, etc. is to be shipped without undue delay and in any event no later than 14 days from the day you received the return label. All products sent by you to AARKE are at your risk. AARKE reserves the right to charge up to five EUR (€ 5) for the cost for the return, which will be deducted from any repayment made.

In case a product subject to a withdrawal is not returned to AARKE in due time as specified within these terms, AARKE reserves the right to decline the withdrawal.

With the exception of (i) any supplementary cost resulting from your choice of a type of delivery other than the standard delivery offered by AARKE, for example costs for express delivery, (ii) the cost of return of five EUR (€ 5), (iii) any diminished value of the product(s) subject of withdrawal resulting from the handling of the same other than what is necessary to establish the nature, characteristics and functioning of the product(s), for example if a product is damaged or dirty, and (iv) any import charges, customs duties and taxes, such as VAT, collected by local authorities, AARKE will refund to you the payment received from you for the purchase of the product without undue delay and in any event no later than 30 days from the day on which AARKE has received the return. AARKE will refund the amount using the same method used for payment. If an alternative method of refund for any reason is necessary, you will be contacted by AARKE to arrange the refund.

If you have received a free gift/bundle as a part of your purchase of the product, you must also in case of withdrawal from the purchase of the product, return the free gift/bundle to AARKE together with the product subject to a withdrawal. The reason for this is that the free gift/bundle was conditioned on the original purchase of the product(s).

You are liable for any deterioration of the value of the free gift/bundle resulting from the handling of the same other than what is necessary to establish its nature, characteristics and functioning, Please note that AARKE will not accept a return of sealed goods, e.g. syrups and essences, which upon return either are without seal or with broken seal or otherwise not suitable for return due to health protection or hygiene reasons. If the value of the free gift/bundle is deteriorated or in case of broken seal, etc., or if you do not return the free gift/bundle within the period set out above, AARKE will from the refund deduct the value of the free gift/bundle.

If, upon your receipt, the product or its packing is damaged, you are kindly asked to contact AARKE as soon as possible, and no later than 30 days from receipt of the product. If the product otherwise is or becomes defective within the mandatory legal guarantee period, you are kindly asked to contact AARKE as soon as possible. All contacts are to be made via the Customer Support Form, and AARKE may upon such contact ask you to include in such notice information about the damage or defect, including photos thereof.

After receipt of such notice, AARKE may request you to return the damaged or defective product whereby AARKE will help you arrange the return shipment by providing you with a return label. Upon such request you shall return to AARKE the damaged or defective product together with the courier’s packing, the product’s original packing, inserts, accessories, etc. to an address provided to you, without undue delay. Please note that AARKE is not able to refund or compensate you for any costs you incur by arranging your own return of the product. All returned products become the property of AARKE.

As concerns damaged or defective products, AARKE abides by all statutory guarantee regulations. AARKE will, for any product deemed defective, at AARKES sole discretion offer either a replacement product, repair of the defective product or provide a full refund. The provisions set forth herein do not limit any applicable statutory rights.

Please note that AARKE is not responsible for any (a) cosmetic damages, including but not limited to scratches and dents not caused by AARKE or any party appointed by AARKE; (b) damages caused by external cause, including but not limited to accident, abuse, misuse or heat; (c) damages caused by operating or use of any products other than in accordance with applicable guidelines from AARKE; (d) product that has been modified; or (e) defects caused by normal use or otherwise due to the normal aging.

If any product is missing upon receipt or if a shipment is not received at all, you are kindly asked to contact AARKE as soon as possible. For AARKE to be responsible for such missing product or shipment, the notice is to be provided to AARKE no later than 30 days from receipt of the shipment in case of missing product and no later than 30 days from the date of order if the shipment was not received at all.

AARKE will in case of a missing product or shipment, at AARKES sole discretion, offer either a replacement product or provide a full refund.

Nothing in these terms and conditions shall exclude or limit AARKE's liability with regards to any matter for which it would be unlawful for AARKE to limit or exclude its liability.

In case of AARKE being in breach of these terms and conditions, AARKE’s liability is limited to losses that are a reasonably foreseeable consequence of such breach. AARKE is never responsible for indirect or consequential losses or damages that are a side effect of the main loss or damage, for example loss of profits or loss of opportunity. AARKE is furthermore not responsible for any losses that are due to an event that is beyond AARKE’s reasonable control, including but not limited to fire, flood, storm, riot, civil disturbance, pandemics, war, nuclear accident and terrorist activity.

AARKE’s maximum liability to you for any loss or damage arising in connection with your order shall be limited to the total price of your order.

Please note that the availability of third-party products and any product’s compatibility with the same as set out in each relevant product description, is subject to the respective third-party’s supply of such products, which may be terminated or where such third-party may make changes to such third-party products, resulting in the product not being compatible with such third-party product. Such un-availabilities or changes are without any liabilities for AARKE.

AARKE reserves the right to assign or pledge to third parties any claim(s) for payment including any payment instalments that have arisen in connection with the delivery of products.

These terms are governed by Swedish law. To the fullest extent permitted by applicable law, any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Sweden, with the Stockholm District Court as court of first instance.

If you are a consumer residing in a country outside of Sweden, you may enjoy additional protection afforded to you by mandatory provisions of the law of your country of residence.

If you have a complaint about a product or service purchased from AARKE, please contact AARKE’s customer service team via the Customer Support Form so that the parties can attempt to resolve the matter informally.

Furthermore, if you are a consumer residing in an EU country and you and AARKE are not able to settle a complaint you have related to a product that you have purchased from AARKE’s Website, you may submit your complaint to EU’s online dispute resolution platform (the “ODR platform”). Please note however that AARKE is not obliged to participate in the process for online resolution within the framework of the ODR platform.

The ODR platform offers consumers and traders within the EU with the possibility to try and reach an out-of-court settlement for complaints arising from online purchases. This single-entry point is designed to be a user-friendly and interactive website, available in all EU official languages and free of charge. Using the ODR platform you and AARKE may find a dispute resolution body and then go through the process of finding a solution to your complaint. The ODR platform is available here.

AARKE AB
Hälsingegatan 49
113 31 Stockholm
Sweden

Company reg. no: 556862-9991
Company VAT no: SE556862999101
Board of directors: Carl Ljungh

AARKE customer support: Customer Support Form