1.1 These Terms of Sale on Husqvarna e-Store (the " Terms") set out the specific terms and conditions applicable to the supply of products, including accessories and spare parts, (" products") ordered by companies and/or consumers (" you") from the <a href=https://promo.husqvarna.com/us/>Husqvarna e-Store</a> (the " e-Store") for delivery in the United States. Additional product and warranty information (including product specifications) can be found at the product page(s) on the e-Store.
e-Store is a site owned by Husqvarna AB (publ), company number 556000-5331 with
its registered office in Huskvarna, Sweden. In the United States, the e-Store
is operated on behalf of Husqvarna AB (publ) by Husqvarna Professional
Products, Inc.. Husqvarna Professional Products, Inc. is a Delaware corporation,
with its principal place of business at 9335 Harris Corners Pkwy, Ste 500,
Charlotte, NC 28269 (" Husqvarna").
carefully read these Terms before you order products. By clicking the "I
agree" box in the checkout process and submitting the order, you accept
and agree to be bound by these Terms. Husqvarna reserves the right to amend the
terms at any time without notice by way of Husqvarna posting a new version on
the e-Store. Such change will however have no effect on orders that were
submitted prior to the amended Terms being posted on the e-Store. Other terms available
on the e-Store, such as the general website Terms and Conditions of Use
applicable to your use of the e-Store. Keep a copy of these Terms as Husqvarna
may not archive agreements with you.
accepting these terms you confirm that you are at least 18 years of age or of
legal age to form a binding contract with Husqvarna.
are ordered and the contract for the purchase of products is concluded in
accordance with the following process:
selecting the products, you place the order by proceeding to the Checkout. you
will be guided through the checkout process by a series of instructions on the e-Store.
you agree that your order is an offer to buy, under these Terms, the products
listed in your order and there is no binding contract between you and Husqvarna
until the order is accepted by Husqvarna. While Husqvarna will attempt to
supply all ordered products, note that Husqvarna is free not to accept your
order for any reason, including where products are no longer available.
placing the order, you will be requested to provide information relating to you
and your order, such as contact details, delivery address and information
relating to the selected payment method (e.g. credit card number). You will
also be requested to indicate your preferred dealer for delivery and installation of the product(s)
and for returns and warranty
will receive an order acknowledgement and email detailing the products you have
ordered. Please store your order number and date for future references. This confirms
that Husqvarna has received your request but is not a confirmation or an order
acceptance from Husqvarna. you may cancel or update your order up until Husqvarna
has sent a shipping notice (see next point).
your order has been processed and accepted by Husqvarna and your product is
ready to be shipped, Husqvarna will send you a shipping notice by email. If a product
that you have ordered is not in stock (including if the ordered quantity is partially
not in stock), Husqvarna will contact you so that you can either cancel the
order or, where the product is expected to come back in stock, maintain your
will arrange for shipment of the products to you using the shipment option
selected by you in the checkout process. If you select home delivery, delivery
will be carried out by Husqvarna's sub-contractors (e.g. dealers and/or
transportation partners) and you acknowledge that you may receive information about
the delivery of the products directly from such sub-contractors. If you select
Delivery by Dealer, Husqvarna will deliver the products to the dealer’s store you
selected. The dealer will contact you when the products have been inspected and assembled and are
ready for collection.
and delivery dates are estimates only and cannot be guaranteed. Products that
are marked as "in stock" will generally be delivered within 14
business days. If the products are not available within these estimated
delivery times Husqvarna will attempt to let you know through the contact
information you provided (if products are not available in the ordered quantity, you
may decide to receive such lower quantity and cancel the remaining ordered
quantity or cancel the order in its entirety).
delivery will be completed when Husqvarna delivers the products to the address you provided, or when the products are installed at your location. If no one is available at your address to take
delivery, reasonable measures will be used to try and effect delivery. If there
are multiple failed attempts to deliver, the products will be delivered to your selected dealer and you
will be notified when it is ready for collection. You agree to reimburse Husqvarna
for any additional shipment/handling costs caused as a consequence of your
failure to take delivery in accordance with the selected delivery method.
reserves the right to make minor technical changes in ordered products which do not affect the functionality of the products.
PRICES, DELIVERY COSTS AND PAYMENT
prices applicable to the ordered products are specified on the e-Store, as confirmed in
the order confirmation. All prices on the Store are displayed in US Dollars, exclusive
of taxes and charges for shipping and handling (these will be added to your
merchandize and itemized before you agree on these Terms).
Husqvarna tries to ensure that all prices on the e-Store are accurate, errors
may occur (e.g. for technical reasons, such as network failures, errors in
transmission, etc.). If Husqvarna discovers an error in the price of products you have ordered, Husqvarna will inform you as
soon as possible and give you the option of reconfirming your order at the
correct price or cancelling it.
payment methods are presented for your selection on the e-Store in the checkout
process. Your credit or debit card will be charged and the bank transfer will
be effected, respectively, upon acceptance of your order. The products will be shipped
once the credit/debit card has been charged or the payment has been received
submitting an order through the e-Store, you are confirming that the payment
details provided on your order are valid and correct and that you are
authorised to use the credit or debit card for the payment.
may cancel your Order at any time up until the products have been shipped. Once the products have shipped, you must use
the product return process described in section 9.1 if you no longer wish to
receive the products.
5. INSPECTION, INSTALLATION AND USE
taking delivery of the Product, you are encouraged to inspect the products as
to verify whether there are any damage caused to the product during shipment or
obvious defects in the product. Any such damages or defects must be reported to
Husqvarna promptly at the address or email specified in section
are responsible for the proper installation and use of the products that you
have purchased on the e-Store. For proper guidance, always read any
instructions on the package for the products and the relevant Husqvarna user/product
manual and installation guide.
parts and accessories that you have purchased on the e-Store must always be
installed and used in accordance with the relevant user manual and installation
guide for the product into which you intend to install and use the spare
6.1 Products are provided with written, limited warranty. The length of the warranty will be specified, unless Husqvarna has agreed to an extended warranty in writing, e.g. as part of Promotions (see section 10.2).
If the Product does not fulfil the warranty, you are
entitled to the remedy specified in the written warranty.
6.3 To return Products that do not fulfil the applicable warranty, please see section 9.1 below.
EXCEPT FOR THE ABOVE AND TO THE EXTENT PERMITTED BY
APPLICABLE LAW, HUSQVARNA DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND RELIABILITY OR
7. LIMITATION OF LIABILITY; FORCE MAJEURE
where prohibited by law, Husqvarna's total liability under these Terms in
relation to an individual purchase order shall be limited to the price you have
paid to Husqvarna in respect of that order.
HUSQVARNA SHALL HAVE NO LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES. HUSQVARNA ASSUMES NO LIABILITY FOR CLAIMS CAUSED BY (A)
NON-INTENDED USE OR HANDLING OF THE PRODUCT, (B) USE AND INSTALLATION IN
COMBINATION WITH APPLIANCES/PRODUCTS FOR WHICH THE PRODUCT WAS NOT INTENDED, OR
(C) IMPROPER INSTALLATION. PLEASE NOTE THAT USE, INSTALLATION OR CARE WHICH IS
NOT CARRIED OUT IN THE REQUIRED MANNER MAY CAUSE PERSONAL INJURY AND PRODUCT
will not be liable or responsible for any failure to perform, or delay in
performance of, any of its obligations under these Terms relating to events
outside its reasonable control including acts of God, fire, flood, severe
weather, explosions, war (whether declared or not), acts of terrorism,
industrial disputes (whether or not involving its employees), or acts of local
or central government or of any other competent authorities, as well as other
force majeure events pursuant to applicable law.
may use your personal data for the following purposes:
the products and respond to your requests, questions and instructions;
and customize your experience with the products, such as providing support
services, appropriate maintenance and asset management, features and responses
tailored to you and the manner in which you interact with Husqvarna;
you with notifications, content, alerts, offers, promotions, marketing
information, communications and advertisements relating to products and
services offered by Husqvarna and other Husqvarna group companies;
evaluate and improve Husqvarna's business (including developing new products
and services; improving and testing our products and the services; managing our
communications; analysing our products/services, customer base and how our
products and services are used; conducting market research;
accounting, auditing and other internal functions;
against, identify and prevent fraud and related activity; and
relation to the points
(ii)-(iv) in section 8.1.2 above, Husqvarna may (a) analyse and evaluate user data, transactional
data and personal aspects relating to you for profiling purposes and (b) use
data collected from the use of other services/features provided by Husqvarna
are required to provide us with personal data referred to in point
above to order and take delivery of
the Products. Personal data will be retained only for so long as reasonably
necessary for the purposes set out above, in accordance with the Data Protection
Legislation. you have a number of rights pursuant to the Data Protection
Regulation in relation to Husqvarna's processing of your personal data; please
refer to Husqvarna’s
information about these rights and how you may exercise them.
for what is set out in section
for which Husqvarna has requested
and obtained your consent (which may be withdrawn at any time without affecting
the lawfulness of processing based on consent before your withdrawal), Husqvarna
processes your personal data only if required for the fulfilment of its
obligations under these Terms, for complying with a legal obligation or for any
of the purposes listed in section
. Husqvarna may share your personal data
with Husqvarna group companies and service providers who perform services for Husqvarna
group. If Husqvarna transfers personal data outside of the EU/EEA, Husqvarna
will ensure that such transfer is permitted pursuant to the Data Protection
9. RETURNS; CUSTOMER SUPPORT
you wish to return a product to Husqvarna for repair, replacement or refund (as
provided for elsewhere in these Terms), please contact Husqvarna Customer Care @ husqvarna.us/direct-support
general questions regarding the use, care or service of the Product, please refer
to the user manual or information available on the e-Store. To locate dealers, please refer
may subcontract and/or transfer its rights and obligations under these Terms
without your prior written notice (in case of transfer of your rights, Husqvarna
will notify you in writing thereof), but this will not affect your rights or Husqvarna's
obligations under these Terms.
may occasionally run campaigns, sales promotions or offer other incentives ("
Promotions") in relation to products
offered on the e-Store. The validity of and conditions that apply to the promotions
will be set out in additional terms and/or rules as shall be made available to you
at that time. Other than as expressly set out in such promotional terms/rules,
these Terms will govern the supply of products ordered pursuant to a promotion.
Terms together with the order acceptance, warranty cards as well as promotional
terms/rules and other policies, terms and conditions of Husqvarna (as
applicable) referenced herein, is the entire agreement between you and Husqvarna
relating to the supply of the products and supersedes all prior oral or written
communications with respect to the subject matter hereof. If any provision of these
Terms is held to be void, invalid or unenforceable or illegal, the other
provisions shall continue in full force and effect.
11. GOVERNING LAW; DISPUTE RESOLUTION
Terms are governed by the laws of the State of North Carolina (without regard
to its conflict of law principles). These Terms are not governed by the United
Nations Convention on the International Sale of Goods, the application of which
is expressly excluded.
, if you are a consumer, these Terms
are governed by the laws of the jurisdiction where you are a resident, without
regard to its conflict of law principles.
dispute, controversy or claim arising out of or in connection with these Terms,
or the breach, termination or invalidity thereof, shall be finally settled by
arbitration in accordance with the American Arbitration Association. The seat
of arbitration shall be Charlotte, North Carolina. The language to be used in
the arbitral proceedings shall be English. Any arbitral proceedings conducted
hereunder, including all information disclosed as well as any decision or award
that is made or declared during the proceedings, will be kept strictly
18 May 2018