Terms and conditions

1. General

These general terms of sale and delivery (“Terms”) shall apply to Fabric Resource Sweden AB (“Rekotex”) sale of fabrics (“Products”) to its customers (“Customer”) through Rekotex website, www.rekotex.se (“Website”). Any terms that derogate from these Terms shall not apply between Rekotex and the Customer unless it has been confirmed in writing by Rekotex. 

2. Application for a user account

In order to be able to place an order on the Website, the Customer must apply for a user account with Rekotex and provide Rekotex with requested Customer details, such as, company name, address, contact information and registration number.

3. Orders and binding agreement

The Customer will submit its order through the Website and is legally bound by its order. After the Customer has placed its order, the Customer will receive an automatically generated non-binding order confirmation by e-mail. A binding agreement comes into existence first through Rekotex’s invoice, which will be sent to the Customer within two days from the placement of an order. Rekotex may, in its sole discretion, choose to accept or reject any order placed by the Customer through the Website up until Rekotex has invoiced the Customer.

4. Price

Stated prices and other costs relating to the Products are in SEK. The Customer may choose on the Website if the price shall be inclusive or exclusive of VAT. Customers registered as Swedish companies are obligated to pay VAT on the Products and will be invoiced inclusive of VAT.

The stated prices are exclusive of shipping costs and custom duties (if the Products are to be delivered in a country outside the European Union).

5. Invoicing and payment

The Customer will receive an invoice from Rekotex within two days after the Customer has placed its order.  Rekotex will invoice the Customer in SEK and the invoice shall be paid within ten days from the date of the invoice. In the event the invoice is not paid within said time frame, Rekotex is entitled to i) withhold the delivery until payment has been made in full and charge interest in accordance with the Swedish Interest Act (1975:635) or ii) cancel the Customer’s order and hence cancel the purchase agreement between the Parties.

In the event of non-payment or late payment by the Customer, Rekotex may choose not to accept any future orders placed by the Customer.

6. Delivery

The Customer shall carry the cost for shipping and will be invoiced for the shipping at the same time as it is invoiced for the Product.

Products are delivered ex works (EXW, INCOTERMS 2010). The Products are delivered upon payment for the Products. Rekotex will aim to deliver the Products within 21 days after Rekotex has received payment.

If Rekotex cannot deliver in accordance with stated time of delivery, Rekotex shall inform the Customer thereof and provide a new time of delivery. Rekotex is entitled to extend the time of delivery. If the time of delivery is extended with more than one month, the Customer has the right to cancel the order provided that the Customer makes the cancellation within seven days from receiving information of the new time of delivery. Delay in delivery does not entitle the Customer to any damages with exemption for what is stated in section 9.

7. Complaints

The Customer shall thoroughly examine the Products immediately after receiving them. Complaints regarding defects shall be made within 14 days after receipt of the Products. Should the customer not make a complaint within the stated time frames, the Customer shall have forfeited the right to invoke the defects.

The complaint shall be made in writing.

8. Responsibility for defects

If a delivered product is defect and a complaint has been made in time in accordance with section 7, Rekotex will, at its sole discretion, either i) exchange the Product for an equivalent product without defects, ii) give the Customer a price reduction or iii) take back the Product and give the Customer a refund. The Customer is not entitled to damages or any other compensation for costs or losses relating to the defect Product.

The Customer is not entitled to invoke any other penalties due to defects on a Product. The Customer is not entitled to any compensation or damages with the exemption for what is stated in Section 9.

Notwithstanding what is stated in this section 8, Rekotex is not responsible for i) defects in a fabric that occur in 10 % or less of the fabric or ii) deviations in fabric meter with 5 % or less.

9. Gross negligence or willful misconduct

Rekotex is only liable to pay damages to the Customer if Rekotex causes the Customer damage through gross negligence or willful misconduct. The liability does not include indirect damages. Rekotex’ overall liability for all deliveries to the Customer during one calendar year shall, however, never exceed 20 000 SEK.

10. Personal Data

The Customer may be required to provide certain personal data on the Website at the time of placing an order. Rekotex will use the personal data in order to be able to fulfill the purchase agreement with the Customer and to provide the Customer with news and offers relating to Rekotex’ business.

11. Miscellaneous

Assignment. Rekotex may wholly or partly assign or pledge its rights and obligations under these Terms to any third party. The Customer may not assign its rights and obligations under these Terms without the prior written consent of Rekotex.

Entire Agreement. The contents of these Terms and shall supersede all previous written or oral commitments and undertakings.

Force majeure. The parties shall be relieved from liability for a failure to perform any obligation under these Terms during such period and to the extent that the due performance thereof by either of the parties is prevented by reason of any circumstance beyond the control of the parties, such as war, warlike hostilities, mobilization or general military call-up, civil war, fire, flood or other circumstances of similar importance.

Applicable law and disputes. These Terms shall be governed and construed in accordance with Swedish law, without the application of the principles of conflicts of law. Any dispute, controversy or claim arising out of or in connection with these Terms shall be finally settled by Swedish public courts, with the District court of Borås as the court of first instance.