1. Introduction
When you place an order for any of our products at www.maptun.com (hereinafter the "Platform") and the order has been confirmed, a purchase agreement is concluded between you and Maptun Performance AB, company registration number 556600-4106, Salamandervägen 1, SE-702 36 Örebro, Sweden, VAT number SE556600410601. The purchase agreement is governed by these Terms, in particular the Terms of Purchase for Products set out below.
If you create a Maptun account, you have also entered into an agreement with Maptun Performance AB, which is likewise governed by these Terms and in particular by the Terms of Use of the Platform set out below (Chapter 3). If, under applicable law, providing personal data in order to use the Platform or create a Maptun account is considered a payment, the Terms of Purchase for Digital Content also apply.
2. Terms of Purchase for Products
2.1 When do these Terms of Purchase apply?
These Terms of Purchase apply to all offers and agreements relating to the sale and delivery of our Products. You accept these Terms of Purchase when you (i) order any Product on the Platform, (ii) order any Product from any website directly linked to the Platform, or (iii) accept our offer for a Product. Deviations from the Terms of Purchase are only possible by written agreement with us.
2.2 Products
We offer different types of products: (1) physical products ("Stock Products"), (2) physical products that are ordered/manufactured to order ("Made-to-Order Products") and (3) electronic products such as licences ("Electronic Products").
Please note that limited editions or limited production runs may be subject to additional restrictions, such as a limited number of such Products per consumer. Any such additional restrictions will be stated on the Platform.
2.3 Requirements for entering into an agreement with Maptun
You must be at least 16 years old to purchase products via the Platform. You warrant that the information you provide in your request or order is accurate and complete.
2.4 How do we enter into an agreement with you?
The following applies to all product types. All information on the Platform is merely an invitation to purchase. You accept that your order constitutes an offer to purchase the Products listed in your order.
All orders you submit must be accepted by us. We have the right to review an order in advance and/or to reject an order without stating a reason and without liability towards you or any third party. If we have not confirmed your order within ten days, it shall be deemed rejected.
We may, at our own discretion, decide not to accept your order. Below are examples of situations in which we cannot accept your order:
- If the Products shown on the Platform are not, or are no longer, available.
- If your payment is not approved.
- If delivery restrictions apply to the Product.
- If the Products shown on the Platform contain (obvious) errors, such as an incorrect price or an otherwise incorrect description or presentation.
- If we are unable to process your order for technical reasons.
- If we know or reasonably suspect that the order has been placed using software, robots, search engines, crawlers or other automated means or devices.
If we do not accept (part of) your order, we have the right to cancel (part of) your order without liability towards you or any third party. Following a cancellation, we will of course refund the amount you paid for the cancelled (part of the) order. We reserve the right to cancel your order after the purchase agreement has been concluded, and thereby terminate the purchase agreement, for the reasons listed in this section 2.4 a–f. Following a cancellation, we will of course refund the amount you paid for the cancelled (part of the) order.
Once you have placed your order, we will send you an order confirmation by email containing your order number, details of the Products you have ordered and any delivery information. Your order is not accepted, and no purchase agreement for the Products is concluded, until
- you have received confirmation from us that the Products have been dispatched to you from our warehouse, or
- you have received confirmation from the carrier that the Products are ready for collection, if this option is available on the Platform and you have chosen to collect the Products from the carrier, or the carrier has delivered the Products to a collection point, or
- you have received confirmation from us that the Products are ready for collection at Maptun, if this option is available on the Platform and you have chosen to collect the Products ordered and paid for on the Platform at Maptun (Click & Collect).
2.5 Retention of title
All Products remain the property of Maptun until you have paid us in full everything you owe under all agreements, including costs and previous or subsequent deliveries or partial deliveries. You may not sell, transfer or encumber the Products until they are fully in your possession.
2.6 Care of Products
We encourage you to read the care instructions on the Products' labels. We are not liable for damage resulting from incorrect handling of the Products, including handling contrary to the instructions.
2.7 Cancelling an order
Irrespective of your right of withdrawal, it is possible under certain limited circumstances to cancel your order for Stock Products.
2.8 Price
Prices are stated including VAT, unless otherwise actively selected. Prices are stated in the selected currency. Maptun has the right to change prices before you place an order.
We reserve the right to change, limit or end special offers or discounts at any time.
Maptun may charge shipping costs. Shipping costs vary depending on the Product and the delivery method. The Platform calculates the shipping costs automatically based on the customer's choice, and the costs are clearly shown at checkout and accepted by the customer at the time of payment. Shipping costs may be charged separately, per product, and added to the total order amount.
2.9 Payment methods
We use Adyen and accept the following payment methods: Visa, American Express, MasterCard, Maestro, PayPal, Apple Pay, Google Pay, Klarna and direct bank debit.
We use Klarna for invoicing, and you can find their terms at klarna.com/se/terms.
Maptun has the right to carry out an individual credit check for each order. Depending on the result of this check, Maptun has the right to refuse certain payment methods.
2.10 Invoicing
Where we choose, or are required by law, to issue or provide an invoice, we reserve the right to issue or provide electronic invoices, and you accept this form of invoicing.
2.11 Delivery
We deliver products to the address you provide in Sweden. We can only deliver to a home or office address or to a carrier's collection point, or if you have chosen to collect the Products from Maptun's store (Click & Collect). We will confirm this to you by email when you are notified that the Products are ready for collection. If a delivery attempt fails, you accept that the carrier we have engaged may also deliver the Products to a nearby address or collection point, after which Maptun shall be deemed to have fulfilled its delivery obligation. The carrier will notify you of the delivery to a nearby address or collection point.
Orders are dispatched on working days that are not public holidays in the region where our warehouse is located. Please therefore take into account all public holidays, including national and/or regional holidays in your own country. Deliveries take place on working days that are not public holidays in your country. Please note that public holidays may vary between countries and from year to year. Delivery times are indicative only and should therefore not be regarded as strict deadlines. Merely exceeding a delivery time does not entitle you to compensation. However, in the unlikely event that an express delivery is delayed, we may, at our own discretion, refund you the full cost of the express delivery. Please note that Made-to-Order Products have different delivery times. This means that delivery of an order containing both Stock Products and Made-to-Order Products will take longer. Made-to-Order Products may, however, also be delivered separately, i.e. not together with the other Products you have ordered.
Maptun has the right, where possible, to split a delivery so that you receive the ordered Products as quickly as possible. Such partial deliveries do not incur any additional costs. However, if you ask us to deliver an order in several parts, we may charge you additional shipping costs. Each partial order constitutes a separate purchase agreement. If we are late with a partial delivery, or if a partial order is defective, this does not entitle you to cancel any other partial order.
In the unlikely event that, after the purchase agreement has been concluded, we cannot, have not been able to or can no longer deliver (part of) your order, and we are not responsible for this situation, we have the right to terminate the purchase agreement. We will of course inform you of this as soon as possible and refund any payments you have made.
2.12 Return and withdrawal policy
Practical information and instructions for returning Stock Products can be found under Returns in the Help section of the Platform.
If you have the right to withdraw from the purchase agreement with us (and thereby return your Stock Product(s)) under sections 2.13 or 2.14, the following terms apply.
2.13 Statutory right of withdrawal
You have the right to withdraw from the purchase agreement within fourteen (14) days without giving any reason.
The withdrawal period is fourteen (14) days from the day on which you, or a third party acting on your behalf (other than the carrier), receive the Products or, if your order contained several Products delivered separately, from the delivery of the last Products in your order (the "Withdrawal Period").
To meet the Withdrawal Period, you must inform us that you are exercising your right of withdrawal before the Withdrawal Period expires.
You must send or return the Products without undue delay and in any event no later than fourteen (14) days from the day on which you informed us of your withdrawal from the purchase agreement, in accordance with the Return and Withdrawal Policy in section 2.12 and in suitable packaging. This deadline is met if you send the Products before the deadline expires.
If you withdraw from the purchase agreement within the Withdrawal Period in accordance with our return policy (section 2.12) and this section 2.13, we will refund all amounts received from you, including shipping costs (provided that the returned Stock Products make up the entire order, and excluding any additional costs if you chose a delivery method other than the cheapest standard delivery we offered), no later than fourteen (14) days from the day on which we received notice of your withdrawal from this agreement. We will use the same payment method that you used for the original transaction for this refund, unless otherwise agreed with you. You will not be charged any fees for such refunds. We may withhold the refund until we have received the returned Products or until you have provided proof that the Products have been returned, whichever is earlier.
You only have to pay for any diminished value of the Products if this diminished value results from you handling the Products in a way other than what is necessary to establish their nature, characteristics and functioning.
Exceptions to your right of withdrawal
You do not have a right of withdrawal under sections 2.13 or 2.14 for agreements concerning the delivery of Products made to your specifications or ordered for your personal needs (Made-to-Order Products) and/or the delivery of Products that are not suitable for return for health protection or hygiene reasons and whose seal has been removed after delivery.
Electronic components and parts are subject to special return conditions. To be eligible for return, the product must be in unused condition, which means that:
- the product has not been installed,
- the packaging is unopened and undamaged,
- seals and protective films are intact.
If any of these conditions is not met, we reserve the right to refuse the return or to apply a deduction for diminished value.
2.14 Returning Made-to-Order Products
As Made-to-Order Products are manufactured specifically for you, we do not accept returns of Made-to-Order Products except in the case of manufacturing defects, see section 2.11. If your Made-to-Order Product is defective, you can find out how to return it by contacting us; see the contact details under Miscellaneous below.
2.15 Damaged or defective Products
Quality is of the utmost importance to Maptun. We test our products carefully under conditions that are as realistic as possible to ensure that they fully withstand their intended use. It is very unusual for our products to be damaged or defective. Maptun has a statutory obligation to ensure that our Products conform to the purchase agreement.
Returned Products are inspected at Maptun, and if the returned products do not conform to the purchase agreement, including where the damage found is due to a manufacturing defect or a deviation from the factory specifications, you are entitled to have the damage or defect remedied. If we choose to issue a refund, we undertake to reimburse the full cost of the defective Products.
We do not compensate for Products that:
- were purchased other than through the Platform,
- have been damaged through misuse or negligence (e.g. exposure to chemicals, corrosive substances, open flames, extreme heat, sharp objects, etc.) and/or
- have been damaged through incorrect use (e.g. incorrect assembly, use other than for the intended purpose, etc.),
- have been damaged through normal wear and tear or have exceeded their economic service life.
We are happy to help you. Do not hesitate to contact us with any questions or comments. Please get in touch using the contact details under Miscellaneous below.
3. Use of the Platform
3.1 Introduction
These Terms of Use apply to your access to and use of the Platform, including the Platform's software (the "Software"). Your access to and use of the Platform, and the information, materials, products and services available through the Platform, are subject to these Terms of Use, regardless of whether you have an account on the Platform linked to your name and/or contact details (an "Account").
Please read these Terms of Use carefully before using the Platform. If you continue to access or use the Platform after reading these Terms of Use, you acknowledge that Maptun has provided a service by making the Platform available free of charge, and in return for this service you accept these Terms of Use. If you do not agree to be bound by these Terms of Use, you must not use the Platform.
If, under applicable law, providing personal data in order to use the Platform is considered a payment, the terms in Chapter 4 apply.
3.2 Changes to these Terms of Use
We may make changes to these Terms of Use at any time if we reasonably consider it necessary (including for security, legal or regulatory reasons). We will notify you of this as soon as possible (and may do so by announcing the changes when you log in to the Platform, by sending a message to the contact details you have provided and/or in any other way we consider appropriate).
In certain situations, you may need to accept a new version of these Terms of Use in order to continue using the Platform. Your continued use of the Platform constitutes your acceptance of the new or amended terms and/or updates.
3.3 Copyright and ownership
All content, other than User Content, provided or displayed on the Platform, including but not limited to text, graphics, photographs, images, moving images, sound and illustrations protected by intellectual property rights (together the "Content"), is the property of Maptun, its licensors, suppliers, agents and/or Content providers.
You may only use the Platform and the Content for their intended purposes. Unless otherwise stated on the Platform, you may only view, play, print and download documents, sound and images available on the Platform for personal, informational and non-commercial purposes.
You may not modify the materials, and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work on the Platform.
Unless otherwise permitted by applicable copyright law, you are responsible for obtaining permission before reusing any copyrighted material available on the Platform. Under these Terms of Use, the use of such material in any other mobile application, website or online service is prohibited.
You are responsible for complying with all laws applicable to you and your use of the Platform. The Platform, its Content and all associated rights remain the exclusive property of Maptun or its licensors, unless expressly agreed otherwise. You may not remove any copyright, trademark or other proprietary notices from material on the Platform.
3.4 Trademarks
All Maptun trademarks, service marks and trade names used in connection with the Platform (together the "Marks") are trademarks or registered trademarks owned by Maptun or its affiliated companies, partners, suppliers or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify Maptun's Marks in any way, including in advertising or publicity relating to the distribution of material on the Platform, without Maptun's prior written consent. The use of Maptun's Marks in any other mobile application, website or online service is not permitted. Maptun prohibits the use of its Marks as a direct link to or from any other mobile application, website or online service, unless the creation of such a link has been approved in advance.
3.5 Software
Maptun provides the Software on the following terms. Maptun grants you a non-exclusive, non-transferable and limited licence to use the Software solely for the purpose of using the myMaptuner service. Unless expressly stated otherwise in these Terms of Use, you may not, in whole or in part:
- copy the Software,
- distribute copies of the Software, in whole or in part, to third parties,
- modify, adapt, translate, reverse engineer, alter, decompile, disassemble or create derivative works from the Software, except to the extent permitted by law,
- use, rent, lend, sublicense, lease, distribute or attempt to grant other rights to the Software to any third party, or
- use the Software to act as a service provider or application service provider or allow any third party to access the Software. Parts of the Software may be provided and/or owned by a third party.
You may not use programs, robots, search engines, crawlers, scrapers or other automated means or devices to:
- access, copy, influence or monitor any part of the Platform or its content, or circumvent the structure or presentation of the Platform or any of its content, or
- interfere with the operation of the Platform or transactions made on the Platform, or prevent or influence people's use of the Platform, or facilitate the sale of third-party products on the Platform.
You may not attempt to gain unauthorised access to any part or function of the Platform or to any systems connected to the Platform by hacking, password mining or any other illegal or unauthorised means.
Some of the third-party material that Maptun provides for use with the Software is governed by open-source licence agreements relating to such third-party material. Maptun does not claim ownership of such open-source software, and such software is provided solely under the licence agreements applicable to it. Consequently, the restrictions above concerning use, ownership, modification and other software-related provisions may not apply to such open-source software.
3.6 Accuracy of information
We strive to ensure that the information on the Platform is complete, accurate and up to date. Despite our efforts, this may not always be the case. Please note that we are under no obligation to maintain or update such information. You should not rely on such information, and any reliance on it is at your own risk.
3.7 Minors
You must be at least 16 years old to use the Platform.
3.8 Your information
When you provide information about yourself to us or to other users of the Platform, including when creating an account, you agree to the following:
- You will provide accurate and up-to-date information and not information that seeks to impersonate another person, and
- you will promptly update the information so that it remains accurate and up to date. If you provide false or inaccurate information about yourself, or if we have reasonable grounds to suspect that such information is false or inaccurate, we reserve the right to temporarily suspend or terminate your account, deny you access to the Platform's services and/or refuse any current or future use of the Platform or any part of it.
3.9 User Content
You understand that you are solely responsible for all information, data or other material that you and other users of the Platform upload, post, transmit, publish, display or otherwise make available through the Platform, including information provided when creating an account and information you share with or make available to other users of the Platform ("User Content"). This means that you, not we, are responsible for all User Content that you upload, post, transmit, publish, display or otherwise make available through the Platform.
We do not monitor published user content and cannot guarantee the accuracy, integrity or quality of any user content. Furthermore, user content is intended for informational purposes only and is not intended to replace professional medical advice, diagnosis or treatment. You understand that by using the Platform you may be exposed to user content that is offensive, indecent or objectionable.
We are not responsible for user content and are not liable for any loss or damage caused by user content or by its use or reliance on it.
By uploading, posting, transmitting, publishing, displaying or otherwise making User Content available through the Platform, you agree that:
- you own all rights to such user content,
- you have waived all "moral rights" you may have in such user content, including but not limited to the right to be identified as the author of such content,
- you have the right to permit our use of the User Content in accordance with these Terms of Use,
- all User Content you post is accurate, does not breach these Terms of Use, does not cause you to breach any agreements or arrangements binding on you now or in the future, does not and will not breach applicable law, and does not and will not harm any person or entity, and that
- you are at least 16 years old.
3.10 Your licence to Maptun for User Content
By uploading, posting, transmitting, publishing, displaying or otherwise making User Content available, you grant us a worldwide, irrevocable, non-exclusive, royalty-free licence (with the right to sublicense) to use, reproduce, display, perform, adapt, modify, publish or distribute such user content, in whole or in part, in any form, medium or technology (now known or later developed), as part of or in connection with the Platform.
We may modify or adapt user content, including in order to transmit, display or distribute it over networks and to meet the requirements of networks, services or other media. We or others may, at our own discretion, refer to your name or any other identifier you provided when submitting the user content. You promise that our publication and use of your user content will not infringe the rights of any third party.
3.11 Maptun's discretion over the use of User Content
All User Content that you upload, post, transmit, publish, display or otherwise make available through the Platform may be used by Maptun in accordance with our Privacy Notice. Maptun reserves the right, at its own discretion, to edit, shorten, remove or refuse to publish User Content. Maptun does not guarantee that you will be able to edit or remove such User Content that you have made available in connection with the Platform. We are under no obligation to keep confidential any User Content you make available through the Platform.
3.12 Your conduct
You undertake to comply with all laws, rules and regulations applicable to your use of and access to the Platform. You further undertake not to:
- upload, post, transmit, publish, display or otherwise make available through the Platform any User Content that you know to be false, inaccurate or misleading,
- upload, post, transmit, publish, display or otherwise make available through the Platform any User Content that breaches any laws, statutes, regulations or rules (including, among others, those governing export controls, consumer protection, unfair competition, discrimination or misleading advertising),
- upload, post, transmit, publish, display or otherwise make available through the Platform any User Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, unlawful, defamatory, obscene, false, invasive of another's privacy, hateful, racially, ethnically or otherwise offensive, or in any way harmful to minors,
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Platform,
- upload, post, transmit, publish, display or otherwise make available through the Platform any User Content that you do not have the right to make available under any law or under contractual or fiduciary relationships (e.g. inside information or confidential information disclosed as part of an employment relationship or under non-disclosure agreements),
- upload, post, transmit, publish, display or otherwise make available through the Platform any User Content that infringes any party's patent, trademark, trade secret, copyright, publicity or other rights,
- upload, post, transmit, publish, display or otherwise make available through the Platform any unsolicited or unauthorised advertising, promotional material, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation,
- upload, post, transmit, publish, display or otherwise make available User Content provided by another user of the Platform (or any image or photograph of it) on any other website, mobile application or online service without that user's prior permission,
- upload, post, transmit, publish, display or otherwise make available through the Platform any material containing computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment,
- take any action that interferes with the functions of the Platform, compromises the security of the Platform or otherwise damages the Platform or any material or information available through the Platform,
- attempt to gain unauthorised access to any part or function of the Platform, to any other systems or networks connected to the Platform, to any of our servers or our service providers' servers, or to any services offered on or through the Platform, including but not limited to by hacking, password mining or any other unauthorised means,
- probe, scan or test the vulnerability of the Platform or any network connected to the Platform, or circumvent any authentication measures relating to the Platform or any network connected to it,
- contrary to section 3.5, use any automated means to collect data or content from the Platform or otherwise access the Platform, including but not limited to the use of technical tools such as robots, crawlers or scraping without our prior permission,
- collect or otherwise compile and store information about other users of the Platform, including email addresses,
- install any software, file or code that has not been authorised by the user of a computer or device, or that takes control of all or any part of the processing performed by a computer or device without the user's permission, or
- interfere with or disrupt the operation of the Platform or the server networks connected to the Platform, or circumvent any requirements, procedures, policies or rules of the networks connected to the Platform.
3.13 Links to websites and online services owned or operated by third parties, and third-party features
For your convenience, the Platform may contain links to, or sometimes redirect you to, websites and/or online services owned or operated by third parties. At your request, the Platform may also connect to social media websites that we do not own or operate.
We cannot control these websites and online services, and you accept that we are not responsible or liable for their accuracy; the collection, use or disclosure of data; compliance with copyright; legality; decency; or any other aspect of such websites and online services, including their operation or the content displayed on or through them. The existence of such a link on the Platform does not mean that we endorse such a website or online service, the content displayed on or through it, or any association with its operators, and you agree not to hold us liable for any damage that may arise from your access to or use of a linked website or online service.
3.14 Registration and password
You may receive, or may need to register or obtain, a username and password before you can access certain pages of the Platform. You acknowledge and agree that you are responsible for protecting the confidentiality of your username and password and for all use of your username, password and/or account, whether or not you have authorised it. You undertake to notify us immediately of any unauthorised use of your username, password or account, or of any other security breach relating to access to the Platform through your account. You understand that you may be held liable for any loss or damage suffered by us or any other person or entity as a result of someone else using your username, password or account because you have not taken reasonable steps to protect your account details and keep them confidential.
3.15 Use of the Platform and termination of this agreement
We reserve the right, at our own discretion, to do any of the following at any time, with or without prior notice:
- change, temporarily suspend or terminate the operation of the Platform, your access to the Platform or any part of the Platform, or the agreement between you and us under these Terms of Use, including but not limited to if you breach these Terms of Use,
- modify or change the Platform or any part of it,
- discontinue the regular operation of the Platform or any part of it where necessary to carry out routine or non-routine maintenance, correct errors or make other changes to the Platform required, among other things, by changes in the technical environment or technical features, changes in the number of users or improvements to the services.
When the agreement under these Terms of Use ends for any reason, the following applies:
- All rights granted to you under these Terms of Use cease.
- You must immediately stop all activities permitted under these Terms of Use, including your use of the Platform.
- You must immediately delete or remove the Platform from your devices and immediately destroy all copies of the Platform, in whole or in part, in your possession, custody or control, and, at our request, confirm to us (or to a party we designate) that you have done so.
The sections "Your licence to Maptun for User Content" and "Our liability for loss or damage suffered by you" remain in force after the termination of this agreement under these Terms of Use.
3.16 Access to the Platform
Neither Maptun nor any of its subsidiaries guarantees that the functions of the Platform will operate without interruption or error, or that errors will be corrected.
We may temporarily suspend, disable, withdraw or change all or any part of the Platform without prior notice.
3.17 Our liability for loss or damage suffered by you
We are liable to you for foreseeable loss and damage caused by us. If we do not comply with these terms, we are liable for loss or damage you suffer that is a foreseeable result of our breach of these terms or our failure to use reasonable care and skill, but we are not liable for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen, or if both we and you knew, when you accepted these terms, that it might happen.
We do not exclude or limit our liability to you in any way where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or that of our employees, or for fraud or fraudulent misrepresentation.
If you use the Platform for commercial, business or resale purposes, we are not liable to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
3.18 Even if we delay enforcing this agreement, we can still enforce it later
Even if we delay enforcing this agreement, we can still enforce it later. If we do not immediately require you to do something you are required to do under these terms, or if we delay taking action against you when you have breached this agreement, that does not mean you do not have to do it, and it does not prevent us from taking action against you at a later date.
4. Terms of Purchase for Digital Content and Digital Services
4.1 When do these Terms of Purchase apply?
These Terms of Purchase apply when you provide us with your personal data in exchange for access to and use of our platform. This Chapter 4 does not apply when we collect your personal data solely in order to supply you with digital content or a digital service, or solely to comply with legal requirements, or when we only collect metadata in accordance with applicable law. You accept these Terms of Purchase when you start using the Platform, for example by creating a Maptun account. Deviations from these Terms of Purchase are only possible with our written consent.
If you do not accept these Terms of Purchase, you must not use the Platform.
4.2 Conformity; Updates
Quality is very important to Maptun, and we have a statutory obligation to ensure that our Platform conforms to the agreement. As part of this statutory obligation, we provide, and require you to install, security and technical updates from time to time. It is your responsibility to install such updates without undue delay and to update your device's operating system if this is required for such updates. We are not liable for any lack of conformity of the Platform resulting from the absence of relevant updates if you do not install an update we have provided.
If our Platform does not conform to the purchase agreement, you are entitled to have the non-conformity remedied. Your right to invoke a lack of conformity lapses two (2) years after the Platform was supplied. You must reasonably cooperate with us to assess whether the cause of the lack of conformity lies in your own digital environment. If you do not cooperate in this way, the burden of proof regarding conformity lies with you.
4.3 Right of withdrawal
You have the right to terminate your agreement with us within fourteen (14) days from the date on which the agreement was concluded (the "Withdrawal Period") without giving any reason. To meet the Withdrawal Period, you must inform us that you are exercising your right of withdrawal before the Withdrawal Period expires.
To exercise your right of withdrawal, you must inform us by means of an unequivocal statement (e.g. by post) clearly stating that you wish to terminate the agreement. You may use the withdrawal form in Appendix 1 to these Terms, but this is not mandatory. If you use one of these options, we will confirm receipt of the termination by email.
4.4 Consequences of termination
If you terminate the agreement, the platform will be closed to you, and you may not use the platform or make it available to others.
If you terminate the agreement, we will refrain from using content provided by users that cannot be described as personal data and that you have provided or created when using the platform, except where such content was provided by the user and:
- has no use outside the Platform,
- relates exclusively to your use of the Platform,
- has been combined by us with other data and can no longer be separated, or can only be separated with disproportionate effort, or
- has been generated jointly by you and other customers, provided that other customers can continue to use the user-generated Content.
At your request, we will make available to you content provided by users that cannot be described as personal data and that you have provided or created in connection with your use of the platform, except in situations (i), (ii) and (iii) above. As regards the consequences of termination for user-generated content that can be described as personal data, the provisions of the Privacy Terms apply.
4.5 User-provided content; Consequences of termination
Unless otherwise stated above, if you have uploaded, posted, transmitted, published, displayed or otherwise made available User-provided content through the Platform, the following applies upon termination of the purchase agreement:
- the rights granted in section 3.11 to user-provided content that does not constitute personal data cease. However, this does not apply to user-provided content that:
- has no use in any context other than on the Platform,
- relates exclusively to your use of the Platform,
- has been combined by us with other data and cannot be restored, or can only be restored with disproportionate effort,
- has been created jointly by you and other customers, provided that other customers can continue to use the user-provided content.
- At your request, and free of charge, we will provide you within a reasonable time with user-provided content that does not constitute personal data, in a machine-readable format, as soon as the termination takes effect. This does not apply in situations (i), (ii) and (iii) referred to in section 4.5.
- As regards user-provided content containing personal data, the provisions of the Platform's Privacy Notice continue to apply.
5. Miscellaneous
5.1 Contact us
If you have any questions or comments about the Platform or Maptun's Terms, or if you have a complaint, do not hesitate to contact our customer service in any of the ways listed on the Platform.
You can also contact us by post at the following address:
Maptun Performance AB, Salamandervägen 1, 702 36 Örebro, Sweden
5.2 Order of precedence
In the event of any conflict between Maptun's Terms and any other content on the Platform or in links, Maptun's Terms in this document apply.
5.3 Changes to Maptun's Terms
We reserve the right to make changes to these Terms at any time. Your use of this Platform and the purchase agreement concluded between you and us are governed by the version of Maptun's Terms in force at the time you place an order through this Platform or on the day you browse this Platform (as applicable).
Please check regularly for changes to Maptun's Terms.
5.4 Privacy
Maptun fully respects the privacy of the people who use the Platform. Your personal data is collected and used in order to fulfil the necessary contractual obligations set out in these Terms. For more information about how we use cookies, what data we collect, how and for what purposes we use your data and in what circumstances we disclose data, please see our Privacy Policy.
5.5 Severability
Each provision of Maptun's Terms shall be interpreted separately and independently of the other provisions. If any provision is found to be invalid, unenforceable or not legally binding, that provision shall be deemed severable and shall not affect the enforceability of the other provisions of these Maptun Terms.
5.6 Subcontracting and assignment
Maptun reserves the right to use subcontractors and to transfer, assign and novate all or any of our rights and obligations under Maptun's Terms, provided that this does not affect your rights under Maptun's Terms. You may not use subcontractors, transfer or otherwise assign any of your rights or obligations under Maptun's Terms without our written consent.
5.7 Events outside our reasonable control
Maptun is not liable for any delay in performing, or failure to perform or comply with, our obligations under Maptun's Terms if such delay or failure is caused by circumstances outside Maptun's reasonable control.
5.8 Governing law and jurisdiction
Maptun's Terms are governed by Swedish law. The purchase agreement is governed by Swedish law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). This does not affect any mandatory rights you may have under the law of the country in which you live.
You are free to bring disputes arising from these Terms before the competent court in Örebro, Sweden.
5.9 Information about batteries
Some of the products sold by Maptun contain batteries.
Batteries and rechargeable batteries containing hazardous substances are clearly marked with the crossed-out wheeled bin symbol. The chemical symbols of the hazardous substances may be shown below the crossed-out wheeled bin symbol. These may include (Pb) lead, (Cd) cadmium and (Hg) mercury.
Old batteries and rechargeable batteries must not be disposed of with ordinary household waste. They can be returned free of charge to a collection point or store. You can also return batteries and rechargeable batteries you have purchased (without devices) in person to our offices. Do not send batteries by post.
Version June 2024