Användarvillkor

BACKGROUND

1.1
These general terms and conditions (the “General Conditions”) apply when you as a consumer (the “Customer”) place an order via www.skaivalley.se and related pages, (the “Website”). The agreement is concluded between you and SkaiValley (”SkaiValley”). Detailed contact information and other information about SkaiValley are set forth on the Website. The General Conditions are only applicable for Customers that are consumers.

1.2
To be able to place an order on the Website, the Customer must be minimum 18 years old. According to Swedish law, SkaiValley does not accept any credit purchases by persons under 18 years of age. SkaiValley reserves the right to deny or change a Customer’s order (e.g. if the Customer has provided incorrect personal data and/or has any record of non-payment).

1.3
SkaiValley disclaims any liability in case products are sold out, and for image or typographical errors on the Website, e.g. errors in product description or technical specification, incorrect prices and price adjustments (such as changed prices from suppliers or currency changes) or incorrect information regarding whether a product is in stock. SkaiValley is entitled to correct any such errors and to change or update the information at any time. If an incorrect price has been stated for a product ordered by the Customer, SkaiValley will of course notify the Customer accordingly and await the Customer's approval of the corrected price before SkaiValley continues with the order process. All image information on the Website should be considered as illustrations only. Such illustrations do not guarantee the exact appearance of the product. SkaiValley is not responsible for any third party information on the Website.

1.4
The Website, and all its content, is owned by SkaiValley or its licensors. The information is protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout and information about products, services and other content may not be copied or used without the prior written consent of SkaiValley.

CONTRACTS AND ORDERS

2.1
To be able to make a purchase via the Website, the Customer must accept the General Conditions. By accepting the General Conditions, the Customer undertakes to comply with the General Conditions in its entirety, and acknowledges having read the information on personal data and cookies and consents to the use according to SkaiValley's Privacy Policy available here.

2.2
A purchase agreement is only concluded once SkaiValley has confirmed the Customer's order and the Customer has received an order confirmation from SkaiValley via email. SkaiValley advises the Customer to save the order confirmation for any future contacts with SkaiValley's customer service. The Customer can cancel an order until it has been confirmed by SkaiValley. If an order is cancelled, SkaiValley will refund any payments made by the Customer or the Customer's payment or credit card companies related to the order.

CUSTOMER INFORMATION ETC.

3.1
When the Customer registers their user account and/or places an order, the Customer will be asked to provide certain personal data. The Customer confirms that the information provided is correct and complete, and is responsible for any errors in the information provided. Information about SkaiValley's processing of personal data is set out in SkaiValley's Privacy Policy.

3.2
The Customer undertakes to ensure that no one other than the Customer uses the Customer's login details. The Customer may not disclose their username or password to any unauthorized person and shall ensure that any documentation containing username and password is kept in such a way that unauthorized persons cannot access the information. The Customer shall notify SkaiValley immediately if it is suspected that an unauthorized person has obtained access to the Customer's password. The Customer is responsible for all purchases made with the Customer's login details if such notification has not been made.

3.3
If SkaiValley suspects that the Customer is abusing their user account or login details, or otherwise violates the General Conditions, SkaiValley is entitled to block the Customer's access to their user account. Furthermore, SkaiValley is entitled to assign new login details to the Customer.

SPECIFIC TERMS FOR AI-GENERATED ART

4.1
Service Description: The content available on the SkaiValley's platform is crafted through artificial intelligence mechanisms. Each item, while distinct, is generated by AI systems, devoid of human involvement or traditional artistic methodology.

4.2
Uniqueness of Content: Our technology aims for uniqueness in its creations. However, considering the extensive volume of artworks worldwide and the recurring nature of our algorithms, we do not guarantee that resemblances to pre-existing art don't occur.

4.3
Rights to Use: The intellectual property rights in all software and content made available to you on or through this Website remains the property of us or our licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and our licensors. Acquiring an AI-crafted artwork from SkaiValley provides you with rights for personal utilization. For commercial applications or distribution, a direct authorization from SkaiValley is mandatory.

4.4
Artistic Interpretation: The output from our AI is derived from data-centric methodologies and does not embed human sentiments, purposes, or conscious artistic sensibilities. The appreciation of such art varies and remains an individual experience.

4.5
Liability Exclusion: SkaiValley assumes no responsibility for any misconceptions or disputes stemming from the likeness, interpretation, or perception of the AI-crafted content. All transactions are conclusive, with reimbursements considered solely based on SkaiValley's judgment.

4.6 
Risk Acknowledgment: Engaging with or using AI-created content from SkaiValley is the sole responsibility of the buyer. SkaiValley is not accountable for any claims, detriments, or losses arising from the artwork's application or its non-functionality.

4.7
Alterations & Notifications: SkaiValley holds the authority to revise or alter these terms at its discretion, without any prior intimation. Users are advised to revisit these terms periodically.

 

PRICES, FEES AND PAYMENT

5.1
The prices stated on the Website apply to orders placed on the Website. All prices are presented in Swedish kronor (SEK) and include VAT. The prices do not include payment and shipping fees, which are given separately.

5.2
The Customer can pay for their purchase in the manner specified on the Website. Read more about our different payment options on the Website here. SkaiValley is entitled to charge the Customer already in connection with the order, unless invoicing or any similar payment method has been selected by the Customer and approved by SkaiValley. Upon invoicing or partial payment, SkaiValley or its partners may obtain a third party credit report. In such cases, the Customer will be informed accordingly. SkaiValley reserves the right to not offer all payment methods at all times, alternatively change payment method if the payment method the Customer has selected does not work, for any reasons, at the time of order fulfillment. Please note that any limitations of available payment methods are set forth on the Website.

SPECIAL OFFERS
SkaiValley may from time to time provide special offers on the Website which may have more favorable conditions than those set forth in these General Conditions, e.g. regarding payment or extended right of withdrawal. Such conditions will apply for the duration of the special offer and for the specific products set forth by SkaiValley in connection therewith. SkaiValley reserves the right, at any time, to withdraw such special offers. Upon termination or withdrawal of a special offer, these General Conditions shall apply without any amendments. Any offers on specific products on the Website are valid only for a limited period of time and while supplies last.

GIFT CARDS
Gift cards sold by SkaiValley are valid for two (2) years from the date of issue and can be redeemed in SkaiValley's web shop. After the expiration date, the card cannot be used as payment or reactivated, nor can any remaining value be reimbursed. Your gift card is legal tender at SkaiValley and must be stored securely. Gift cards cannot be exchanged for cash. Lost or stolen cards will not be replaced.

DELIVERY AND SHIPPING

8.1
Products in stock are normally delivered within the number of working days set forth on the Website. Unless otherwise agreed (e.g. in connection with the reservation of products not in stock), delivery will be made no later than 30 working days after SkaiValley has confirmed the order in writing through the order confirmation. For more information about SkaiValley's delivery of products and delivery terms please visit here.

8.2
The expected delivery time is set forth in the order confirmation, at checkout and/or on the current product page on the Website. Unless otherwise expressly agreed, and if a delivery is delayed more than 30 working days and this is not due to the Customer, the Customer is entitled to cancel the purchase.

8.3
If any package is to be picked up at a specific delivery point, the Customer shall do so within the time specified in the notification. Packages shall normally be retrieved in person with valid identification and order number. The Customer will receive a notification of delivery stating when and where the package will be available for pick-up. The notification may be sent via email, regular mail and if the Customer has provided a mobile number, also via phone call or text message. If the Customer does not pick up the package, SkaiValley is entitled to charge the Customer a fee of SEK 180. For home delivery there needs to be a person available to accept the parcel.

RIGHT OF WITHDRAWAL

9.1
When purchasing products on the Website, the Customer has a 90-day withdrawal period. This means that the Customer has the right to cancel any purchase by notifying SkaiValley accordingly within 90 days from when the Customer or their representative received the product ordered (withdrawal period). Unfortunately, we cannot offer the right of return or exchange on personalised prints that have been personalised and printed to order. All products must be returned in the same condition as they were delivered. If products clearly have been used, we may make a deduction from the reimbursement.

9.2
If the Customer wishes to withdraw a purchase, the Customer shall, prior to the expiry of the withdrawal period, send a clear message to SkaiValley in the manner set forth here. The Customer shall provide their name, address and other relevant information, e.g. order reference, invoice number and the name of the product in the message.

9.3
If the Customer uses their right of withdrawal, the Customer shall pay for the return shipping costs and is responsible for the condition of the product after the Customer has received the product and during the return shipping.
Note: In case of returning a canvas, the Customer uses its right of withdrawal, the Customer shall pay for the return shipping costs and is responsible for the condition of the product after the Customer has received the product and during the return shipping
The product shall be returned within 14 days from the date when SkaiValley was notified of the withdrawal. The product shall be sent well packaged, in good condition and in its original box and/or packaging. Any returns shall be sent to SkaiValley in accordance with the methods and directions set forth on the Website which you can find here.

9.4
When the Customer withdraws their purchase, SkaiValley will refund the amount the Customer has paid for the product, including shipping costs. Any additional shipping costs due to the Customer choosing another delivery than the standard delivery offered by SkaiValley are exempted from refund. Upon return of part of an order, the shipping costs will not be refunded. SkaiValley is entitled to deduct an amount from the amount to be refunded, which corresponds to the depreciation in value of the product compared to the original value of the product, if and to the extent such depreciation in value is due to Customer having handled the product to a greater extent than necessary to determine its function or characteristics.
Note: In case of returning a canvas, the Customer uses its right of withdrawal, the Customer shall pay for the return shipping costs and is responsible for the condition of the product after the Customer has received the product and during the return shipping.

9.5
SkaiValley will pay back the amount without undue delay, however, no later than within 14 days from the date SkaiValley received the Customer notification of withdrawal. However, SkaiValley may delay repayment until SkaiValley has received the product or the Customer has provided proof that the product has been returned, e.g. by means of certificate of delivery. Repayment will be made to the Customer by the payment method chosen by the Customer, unless otherwise agreed or if there is any objection for such a repayment.

WARRANTY AND COMPLAINTS

10.1
Some of SkaiValley’s products may be subject to warranties. Information about any warranty period and special conditions for warranties for each product respectively, is set forth on the Website or in these General Conditions. Warranties for products will only cover original manufacturing defects and accordingly not any fault arising upon or after any individual changes of the product’s function and appearance, e.g. rebuilding, upgrading or other configuration of the product. The Customer’s order confirmation constitutes the certificate of warranty.

10.2
The right to file a complaint applies to products which are defective according to applicable consumer protection legislation. Any Customer who wishes to assert their right to file a complaint for any product ordered shall contact SkaiValley, as soon as possible after discovering the defect using the contact information set forth on the Website. Complaints made within two months of the time the defect was discovered are always considered to have been made in a timely manner. You have a 3 year warranty on the goods purchased on the Website.

10.3
SkaiValley will assume the cost for the return freight for any approved complaints.

10.4
Once a product, for which a complaint has been filed, is returned and the complaint approved, SkaiValley will refund the Customer in compliance with applicable consumer protection legislation. SkaiValley strives to do so within 14 days from receipt of the complaint by SkaiValley, but it may be delayed depending on the nature of the product. SkaiValley reserves the right to refuse any complaint if the product, in compliance with applicable consumer protection legislation, proves not to be defective.

10.5
SkaiValley offers a one (1) year warranty for the iPhone cases and tote bags sold on our site. This warranty covers manufacturing defects limited to the fit, seams and adhesives of the products. Please note that SkaiValley's warranty does not cover defects and damages resulting from:

• external circumstances e.g. loss, theft, fire, and water or other liquid damage
• improper use or carelessness e.g. tears, dents, breakages, dropping the product etc.
• aesthetic changes due to normal wear and tear e.g. minor scratches, material wear, flaking paint etc.
• accidents or unjustified repairs or modifications to the product not carried out by SkaiValley.

Please note that if you have not followed our care instructions, this warranty will not apply. This warranty does not limit nor replace more favourable terms under law.

LINKS
SkaiValley may link to other websites beyond SkaiValley's control, and websites beyond SkaiValley's control may link to the Website. Even if SkaiValley attempts to ensure that SkaiValley only provides links to websites that share SkaiValley's privacy and security provisions pursuant to the Privacy Policy, SkaiValley is not responsible for the protection or confidentiality of any information or personal data that the Customer provides on other websites. The Customer should be cautious and read the personal data provisions applicable to the actual website.

FORCE MAJEURE
SkaiValley shall not be liable for any delays caused by circumstances beyond SkaiValley's control, e.g. general labor dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in electric/tele/data communications or other communication and defects or delays in services by subcontractors due to circumstances stated above. Such circumstances shall constitute grounds for relief which means relief from damages and other measures. If any such situation arises, SkaiValley shall notify the Customer accordingly at the beginning and end of the period of the current situation. If the situation has lasted more than two months, both the Customer and SkaiValley are entitled to terminate the purchase with immediate effect.

CHANGES TO THE GENERAL CONDITIONS
SkaiValley reserves the right to change these General Conditions at any time. Any changes to these General Conditions will be posted on the Website. Changes will become valid once the Customer has accepted the General Conditions (in connection with a new purchase or while browsing the Website), alternatively 30 days after SkaiValley has informed the Customer of the changes. However, SkaiValley recommends that the Customer regularly visits the Website in order to stay informed of any changes to the General Conditions.

SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable by any competent court, authority or arbitral tribunal, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law. Any provisions determined to be invalid or unenforceable will be substituted by relevant legal guidance and advice.

GOVERNING LAW AND DISPUTE RESOLUTION

15.1
Any disputes shall primarily be settled by agreement after discussion with SkaiValley’s customer service.

15.2
If a dispute cannot be resolved by agreement with SkaiValley’s customer service, as a customer you can directly submit complaints online via the EU Commission’s platform for online dispute resolution, available at the following link http://ec.europa.eu/consumers/odr. If you submit a complaint via that platform, your case will automatically be forwarded to the proper national dispute resolution body. That body will then contact us and try to resolve the dispute without court involvement. In case of any dispute, SkaiValley will comply with the decisions of the Swedish National Board for Consumer Disputes or a corresponding dispute resolution authority in the UK.

15.3
Any disputes concerning the interpretation or application of these General Terms shall be construed in accordance with Swedish law and resolved according to section 15.2 above or ultimately by the general courts.