TERMS AND CONDITIONS FOR THE SUPPLY OF GOODS

We are happy to see that you are interested in our products. These terms and conditions, set out below, explain the terms that apply when you purchase a product from us on our Website.

To begin with we would like to inform you of who we are and what we do. We are a limited liability company incorporated under the laws of Sweden named Maurten AB, with company registration number 559080-3176 (“Maurten”, “us” or “we”). We develop and sell carbohydrate-rich sports drink and similar products, which are featured on our website, www.maurten.com (the “Website”). You can read more about, and purchase, our products on the Website.

You can contact us by telephoning our customer service team or by writing to us at help@maurten.com

or

Sweden House
5 Upper Montagu Street
W1H 2AG London

1. Definitions

Unless the context or the circumstances obviously require otherwise, the following words shall have the meanings as stated below.

“Consumer” – means a natural person who is acting for purposes which are outside his or her trade, business, craft or profession when purchasing products on the Website.

“Trader” – means a natural person or legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his or her trade, business, craft or profession when purchasing products on the Website.

“Products” – means all products sold by us on the Website.

2. General

2.1. These terms and conditions (the “Terms”) shall apply to all sales and deliveries and shall form an integral part of all purchase orders placed by you as a customer (“you”) on the Website.

2.2. By placing an order on the Website, you accept these Terms, and understand that all orders and purchases are made exclusively between you and us.

2.3. By accepting these Terms, you also accept to comply with these Terms in its entirety and warrant that you have the legal capacity (e.g. that you are at least 18 years old or have the permission of your legal guardian) or authority (if you are a Trader) to accept these Terms. By accepting these Terms, you also warrant that the information that you provide to us is correct and complete.

2.4. If you are a Consumer, please note that we respect any mandatory laws, if such laws provide you greater rights than these Terms. Your statutory rights are not affected by these Terms.

3. Order and order confirmation

3.1. You place an order on the Website by selecting the products and quantity you want to order. After you have selected the products, you need to fill in your contact information required such as your name, e-mail address, billing address and your delivery address (collectively your “contact information”). You must also select the delivery method for your order. When all necessary information is filled in you simply click “Checkout” to make the payment.

3.2 The payment method is provided by Stripe and is made as the last step to finalize your order. Your order is completed once your payment is confirmed, the “Purchase Order”.

3.3. Once we have received your Purchase Order, we will without undue delay send an order confirmation to the email address that you stated in the Purchase Order. The order confirmation is a confirmation that we have accepted your Purchase Order and, at this point, a contract will come into existence between you and us. You may not adjust or make amendments to your Purchase Order after we send the order confirmation. For more information, including information about your right to cancel, see more below under section 7-10 (Cancellation Policy, Right to cancel for Consumers, Returns Policy and Refund Policy).

3.4 All Purchase Orders are subject to availablity. If we cannot meet your Purchase Order, we retain the right to cancel the Purchase Order or, as the case may be, only deliver parts of the Purchase Order. In such case, you will of course be informed and receive a refund for the cancelled Purchase Order or undelivered products. For more information on cancellation, returns and refunds, see below under sections 7-10 (Right to cancel for Consumers, Returns Policy and Refund Policy). We may also ask you to adjust the Purchase Order to enable us to meet it. If your Purchase Order is incomplete, we will request for supplementary information needed to deliver the products to you.

3.5. If you have any questions regarding your Purchase Order, please contact us at help@maurten.com stating your order number and contact information.

4. Payment & Fees

4.1. Payment is made using the the payment method Stripe. Through Stripe, you can make your payment by using most of the major debit and credit cards (e.g. Visa, MasterCard and American Express). If your payment is not confirmed, your Purchase Order will not be accepted. As payment occurs instantly, please make sure that you have enough funds on your account before placing a Purchase Order and that your card is active for online payment.

4.2. Current prices and fees are available on the Website. All prices are in the stated currency and include VAT where specified (however VAT may not be applicable depending on your location).

4.3. Shipping and payment fees are stated separately as they are not included in the price of the product. Local charges including but not limited to currency conversion fees, custom fees and taxes may apply depending on your location and service provider. Such charges will not be refunded and are at your sole expense.

5. Shipping and time of delivery

5.1. The order confirmation will state the expected time of delivery. You can also see the estimated delivery time for your location on the Website before you place an order. We will inform you promptly of any delay in delivery.

5.2. Depending on the delivery method you have chosen you may have to pick up your order at a delivery point stated in the notification of delivery. In the event of no or late pick up, the shipping company may charge you for additional costs.

5.3 A product will be your responsibility from (i) the time we deliver the product to the delivery address stated in your Purchase Order, or (ii) the time we deliver the product to the delivery point stated in the notification of delivery (as applicable). You own a product once we have received payment in full for that product.

6. Special offer

Occasionally we may offer more favourable conditions for a specific product than the ones stated in these Terms. Such special offer will be limited in time or in respect to the number of products, and can therefore be cancelled by us at any time. When a special offer is cancelled, these Terms shall apply without amendments.

7. Cancellation policy

7.1 If the delivery is delayed, you have the right to cancel the Purchase Order provided:

• the delivery is delayed more than thirty (30) days from the date stated in the order confirmation, and
• the delay is not due to you or circumstances on your side.

7.2 If you wish to cancel your order in accordance with section 7.1 above, please write to us by e-mail to help@maurten.com.

7.3 You will receive a refund on the payment made for the cancelled Purchase Order. For more information on refunds, please see section 10 (Refund Policy) below.

8. Right to cancel for Consumers

8.1. If you purchase our products as a Consumer, you have a right to cancel your Purchase Order if you have changed your mind and this section 8 shall apply. You can cancel your Purchase Order at any time from placing the order up to fourteen (14) days from the day after delivery of the products to you.

8.2 You are able to return your ordered products if they are unused (and, as applicable, the seal is not broken) and returned in their original packaging.

8.3 To cancel your Purchase Order you must notify us that you wish to do so. We recommend that you send a completed return form (found below) by e-mail to help@maurten.com, or by regular mail to our address as stated at the bottom of this page. You can also e-mail us directly at help@maurten.com to notify us of your cancellation (if you do this, we may ask you for further information if necessary to process your cancellation request). We will send you a confirmation of your cancellation request, stating the return address that you must return the products to (if you have received them) and other information if needed.

Return form

8.4. The notice to us shall contain the following information:

• your Purchase Order number,
• the name on the Purchase Order and your contact information, and
• the product(s) to be returned.

8.5. You shall, no later than fourteen (14) days from telling us you wish to make a return, return the products to us. You are responsible for the cost of return of the products. This means that the return is at your own expense and that you are liable for any damages of the products during the shipment. Therefore, please make sure that the products are well packed during the shipment.

8.6. Any payments made for products returned in accordance with the sections above will be refunded to you. Where we are liable for the cost of return as set out in section 8.5 above, you will be refunded for standard shipping costs (i.e. the cheapest available way of shipping). For more information on refunds, see section 10 (Refund Policy).

8.7 If the returned products are damaged or if the value of the products are reduced in any other way due to your handling of the products, such value reduction will be deducted from the refund.

9. Returns Policy

9.1 You have a legal right to reject and return a product to us if it is faulty or misdescribed (“defective”).

9.2 If you wish to exercise your legal rights to reject products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection.

9.3 If you have complaints regarding defective products you must notify us as soon as the defect is detected. For such complaints, use our complaint form which can be found below.

Complaint form

9.4 Send the duly filled out complaint form by e-mail to help@maurten.com, or by regular mail to our address as stated at the bottom of this page. We will send a confirmation of our receipt of the complaint. If we assess that you have the right to return the product(s), we will include return address to which the product(s) shall be sent.

9.5 In order for us to process your complaint, you must provide at least the following information:

• the order number of the defective product(s),
• your name and contact information, and
• a specification of the defective product(s) and the claimed defect.

9.6 Products returned to us pursuant to this section 9 will be assessed and any refunds will be made in accordance with section 10 (Refund Policy). If you tell us about the defective product within 30 days from the delivery date, and we agree that it is defective, we will issue a full refund to you. If you tell us after 30 days from the delivery date, we reserve the right to at our sole discretion decide if we will send you a new product to replace the defective product or refund you for any payments made for the product. You will also be refunded for any return shipping costs, if any, provided that the product is defective, as determined in our sole discretion.

9.7 If you consider that a purchased product is defective, but we do not agree with you in that matter, we have a dispute. For more information on dispute resolution, see section 19 (Governing law and dispute resolution) below.

10. Refund Policy

10.1 Products that are rightfully returned to us in accordance with the sections 7 and 9 (Cancellation Policy, Returns Policy) above, we will make reasonable efforts to ensure that you receive the refund without undue delay, and at the latest, thirty (30) days after the date on which we received the returned products. If you are a consumer who have returned a product because you have changed your mind in accordance with section 8 (Right to Cancel for Consumers), your refund will be made within 14 days from the day on which we receive the product back from you.

10.2 The refund will be paid to you using the same payment method that you used to make the original payment on the Website, unless otherwise agreed.

10.3 If you have any questions regarding your Purchase Order, please contact us at help@maurten.com stating your order number and contact information.

11. Use of the website

You agree to use the Website only for lawful purposes and in accordance with the purpose of the Website, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Website.

12 Use of data

12.1. In order to give you a great experience using our Website and for the performance of our contract, if any, we save the information you provide to us when visiting our Website and placing a Purchase Order. Read more about the information we save and how we use such information in our Privacy Policy.

12.2. For any payments on the Website, we use a third party payment provider, Stripe. You can read more about Stripe’s own privacy and terms on their website.

13. Limitation of liability

13.1. If you are a Trader, our liability is limited to direct damages. To the maximum extent permitted by applicable mandatory law, we shall in no event be liable for any, indirect, incidental, special, consequential or exemplary damages, however caused and under any theory of liability arising out of or in connection with these Terms. This shall include, but not be limited to, any loss of; profit, goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

13.2. If you are a Consumer and we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

13.3. The content provided on the Website is for information purposes only and is in no way intended to be a substitute for medical consultation with a qualified professional. The information, opinions, and recommendations presented on the Website are not intended to replace the care of your own physician or nutritionist. Before you make any changes in the management of your diet or your child's diet you should always consult your physician or other qualified medical professionals. Although we carefully review our content and information on the Website, we cannot guarantee or take responsibility for the accuracy of documents we publish, and cannot in any case assume any liability for a third party’s content linked to our Website.

13.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, any breach of the terms implied by section 12 of the Sale of Goods Act 1979, and 13.3.5 defective products under the Consumer Protection Act 1987.

14. Intellectual property

14.1. The Website and its original content, features, functionality, and design elements are and will remain our exclusive property. Our intellectual property, including but not limited to, trademarks, company and product names, images, design, layout and information on products may not be used in commercial purposes without our prior written consent.

14.2. Our intellectual property or any part thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited unless you have received our prior written consent.

14.3. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Website content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from the Website content except for your own personal, non-commercial use. Any other use of the Website content requires our prior written consent.

15. Waiver

15.1. We reserve ourselves for any errors on the Website, including but not limited to product descriptions, technical specifications, inaccurate prices, stock estimations or other incorrect information. We reserve the right to correct any obvious errors and to, at any time, change or update the information on the Website accordingly.

15.2 If an inaccurate price has been stated for a product ordered, we will notify you accordingly and await your approval of the amended price before we continue with the processing of your Purchase Order.

15.3. Images or other visuals on the Website are for illustration purposes only and we do not guarantee the exact quantity shown nor the exact appearance, origin or function of the products. Please view the product information for the accurate information and quantity of the product(s).

15.4 We are not responsible for any information given by third parties.

16. Force Majeure

We are not liable for any delays caused by circumstances beyond our control, e.g. general labor dispute, acts of war, fire, lightning, terrorist attacks, governmental orders, technical problems, defects in power-/tele-/computer communications or other communication, and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, we will promptly inform you accordingly. If the situation has lasted for more than two months, we are entitled to cancel your Purchase Order without any liablity.

17. Severability

If any provision in these Terms is deemed 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.

18. Changes to the Terms

We may, at any time and for any reason, amend these Terms by publishing the amended Terms on the Website. The amended Terms will enter into force once you have accepted them, i.e. when you place a Purchase Order. A Purchase Order placed prior to the publishing of the amended Terms shall continue to be subject to the Terms that were in force when such Purchase Order was made.

19. Governing law and dispute resolution

19.1. In the event of a dispute between you, as a Consumer, and us, such dispute shall be governed by English law. The courts of England and Wales will have exclusive jurisdiction for the purposes of any such dispute. However, if you are resident in Northern Ireland you may also bring proceedings in Northern Ireland and if you are resident in Scotland you may also bring proceedings in Scotland.

19.2 If you have bought the product as a Consumer, you are always entitled to get the dispute tried in a competent court. You may also turn to alternative online dispute resolution for consumers by using the European Commission’s Online Dispute Resolution to find the relevant body for you.

19.3. We strive to settle disputes that arise. We are however not obliged to act in accordance with any judgement of an alternative dispute resolution.

19.4 If you have purchased products in capacity of a Trader, any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”) Rules for Simplified Arbitration Procedure shall be applied unless SCC, taking into account the severity of the case, the value of the dispute and other circumstances, determines that Arbitration Rules shall be applied. The seat of the arbitration procedure shall be Gothenburg and language to be used shall be English unless otherwise agreed.

We hope that you will have a great experience using our products.

Maurten AB
Sweden House
5 Upper Montagu Street
W1H 2AG London

help@maurten.com