1. Introduction
When you place an order for one of our products through www.maptun.com (hereinafter referred to as the "Platform") and when that order has been confirmed, a sales agreement is established between you and Maptun Performance AB, with registration number 556600-4106, Verkstadsgatan 2 SE-702 27 Örebro, Sweden, and VAT registration number SE556600410601, which is governed by these Terms, particularly the Product Purchase Terms set out below.
If you create a Maptun account, you have also entered into an agreement with Maptun Performance AB, which will also be governed by these Terms and specifically by the Platform Use Terms (Chapter 3) mentioned below. If the provision of personal data for the use of the Platform or the creation of the Maptun account is considered as payment under applicable law, the Digital Purchase Terms also apply.
2. Product Purchase Terms
2.1 When do these Purchase Terms apply?
These Purchase Terms apply to all offers and agreements related to our sale and delivery of Products. You agree to these Purchase Terms when you (i) order any Product from the Platform, (ii) order any Product from any webpage directly linked to the Platform, or (iii) accept an offer for a Product from us. The Purchase Terms can only be deviated from by written agreement with us.
2.2 Products
We have different types of products. We have (1) physical products ("Stock Products") – and (2) physical products ordered/made to order ("Order Products"), and (3) electronic products such as licenses ("Electronic Products").
Please note that limited editions or limited production may have additional restrictions such as a limited number of such Products per consumer. These additional restrictions will be announced via the Platform.
2.3 Requirements to enter into an agreement with Maptun
You must be 16 years or older to purchase products via the Platform. You guarantee that the information you provide to us 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 types of products. All information on the Platform is only an invitation to purchase. You agree that your order is an offer to purchase the Products listed in your order.
All orders you submit must be accepted by us. We have the right to verify an order in advance and/or reject an order without giving any reasons and without any liability to you or any other third party. If we do not confirm your order within ten days, it is deemed to have been rejected.
We may, at our discretion, choose not to approve your order. Below are some examples of when we cannot approve your order:
- If Product(s) displayed on the Platform are not, or are no longer, available.
- If your payment is not approved.
- If shipping restrictions apply to a Product.
- If Product(s) displayed on the Platform have (obvious) errors such as incorrect price or otherwise incorrectly described or displayed.
- If we cannot process your order due to technical reasons.
- If we know or reasonably suspect that an order was made with the aid or involvement of software, robots, search engines, spiders, or other automated means or devices.
If we do not approve (a part of) your order, we have the right to cancel (a part of) your order without any liability to you or a third party. After cancellation, we will naturally refund the amount you paid for the canceled (part of) order. We reserve the right to cancel your order after the sales agreement has been established and thereby terminate the sales agreement for the reasons stated in this section 2.4 under a–f above. After cancellation, we will naturally refund the amount you paid for the canceled (part of) order.
After you have placed your order, we will send you an order confirmation via email with the order number and information about the Products you have offered to purchase and details of any delivery. Your order will not be approved, and the sales agreement for Products will not be established unless, and until,
- you have received confirmation from us that the Products have been shipped to you from our warehouse, or
- you have received confirmation from the carrier that the Products are ready for pickup, if that 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 the pickup location, or
- you have received confirmation from us that the Products are ready for pickup at Maptun, if that option is available on the Platform and you have chosen to collect the Products you ordered and paid for on the Platform from Maptun (Click & Collect).
2.5 Retention of Title
All Products remain Maptun's property until you have paid the full amount you owe us under all agreements, including payment of costs, previous or subsequent deliveries, or partial deliveries. You may not sell, dispose of, or encumber any Product until they are fully in your possession.
2.6 Maintenance of Products
We urge you to read the care instructions on the Products' labels. We are not responsible for any damage resulting from improper handling of the Products, including handling contrary to the instructions.
2.7 Order Cancellation
Regardless of your right of withdrawal, it is possible under certain limited circumstances to cancel your order of Stock Products.
2.8 Price
Prices are stated including VAT unless otherwise actively chosen. Prices are stated in the selected currency. Maptun reserves the right to make price changes before an order is placed by you.
We reserve the right to change, limit, or discontinue special offers or discounts at any time.
Maptun may charge delivery costs. Delivery costs vary depending on the Product and delivery type. The Platform automatically calculates the shipping cost based on the customer's choice, and the cost is clearly displayed in the checkout and approved by the customer at the time of payment. Delivery costs may be charged separately, per item, and added to the order's total 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 payment.
We use Klarna for invoicing, and you can find their terms here: klarna.com/se/terms.
Maptun reserves the right to perform an individual credit check for each order. Depending on the result of this check, Maptun reserves the right to deny certain payment methods.
2.10 Invoicing
When 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 agree to this form of invoicing.
2.11 Delivery
We deliver to the address in Sweden you provide. We can only deliver to a home or office address or to a carrier's pickup location, or if you have chosen to collect the Products in Maptun's store (Click & Collect). We will confirm this to you in an email when you are informed that the Products are ready for pickup. If a delivery attempt fails, you agree that the carrier we have hired for the delivery may also deliver the Products to an address or pickup location nearby, after which Maptun is deemed to have fulfilled its obligation to deliver the Products. The carrier will inform you of the delivery to the nearby address or pickup location.
Shipping of orders will take place on weekdays that are not public holidays in the area where our warehouse is located. Therefore, take into account all public holidays, including national and/or regional holidays in your country. Deliveries will take place on weekdays that are not public holidays in your country. Note that public holidays may vary from country to country and from year to year. Delivery periods are only indications and should therefore not be considered strict deadlines. The mere fact that a delivery time is exceeded does not entitle you to compensation. However, if an express delivery is delayed, which is unlikely, we may, at our discretion, refund you the entire cost of the express delivery. Please note that Order Products have different delivery times. This means that an order of both Stock Products and Order Products will take longer to deliver. However, Order Products may also be delivered separately, i.e., not together with any other Products you have ordered.
Maptun has the right to, as far as possible, divide the delivery so that you receive the ordered Products as quickly as possible. No additional costs are incurred for such partial deliveries. However, if you request that we deliver the order in different parts, we may charge you for additional delivery costs. Each partial order constitutes a separate sales agreement. If we are late with a partial delivery or if a partial order is incorrect, this does not entitle you to cancel any other partial order.
In the unlikely event that we, after entering into a sales agreement, cannot, could not, or can no longer deliver (part of) your order and are not responsible for this situation, we have the right to terminate the sales agreement. We will, of course, inform you as soon as reasonably possible and compensate you for any payments made.
2.12 Return and Right of Withdrawal Policy
Practical information and instructions for returning Standard Products can be found in the Returns section in the Help section on the Platform.
If you have the right to withdraw from a sales agreement with us (and thus return your Standard Product(s)) in accordance with sections 2.13 or 2.14, the following conditions apply.
2.13 Statutory Right of Withdrawal
You have the right to withdraw from a sales agreement within fourteen (14) days without giving any reason.
The withdrawal period is fourteen (14) days from the date you, or a third party on your behalf (not the carrier), receive the Products or, in the case that your order included several Products delivered separately, from the delivery of the last Products in your order ("Withdrawal Period").
To meet the withdrawal deadline, you must notify us that you are exercising your right of withdrawal before the withdrawal period expires.
You must send or return the Products immediately after, but no later than fourteen (14) days after the date you notified us of your withdrawal from the sales agreement, in accordance with the Return and Withdrawal Policy in section 2.12 and in suitable packaging. This deadline is considered met if you send the Products before the deadline expires.
If you withdraw from a sales agreement during 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 delivery charges (provided that the returned Standard Products constitute the entire order and except for any additional charges if you chose a different delivery method than the cheapest standard delivery we offered, if applicable), no later than fourteen (14) days from the date we received the notice of withdrawal from this agreement. For this refund, we will use the same payment method you used for the original transaction unless we agree with you on another method. 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 you have returned the Products, whichever comes first.
You only need to pay for the Products' possible depreciation if this depreciation has occurred due to improper handling by you while examining the Products' nature, properties, and functionality.
Exceptions to your right of withdrawal
You have no right of withdrawal, either under section 2.13 or section 2.14, for agreements regarding the delivery of Products that are made to your specifications or ordered to your personal needs (Order Products) and/or delivery of Products that are not suitable for return due to health protection or hygiene reasons and where the seal has been removed after delivery.
2.14 Return of Order Products
Since Order Products are created specifically for you, we do not accept returns of Order Products, except in the case of manufacturing defects, see section 2.11. If your Order Product has a defect, you can get information on how to return it by contacting us, see contact details below under Miscellaneous.
2.15 Damaged or Defective Products
For Maptun, quality is of the utmost importance. We carefully test our products as far as we can under real conditions to ensure that they fully withstand the intended use. It is very unusual for our products to be damaged or defective. Maptun is legally obliged to ensure that our Products comply with the sales agreement.
Returned Products are inspected by Maptun, and if the returned products do not comply with the sales agreement, including if the detected damage is due to a manufacturing defect or deviation from factory specifications, you have the right to have the damage or defect corrected. If we choose a refund, we undertake to reimburse the full cost of defective Products.
We do not reimburse Products that:
- were obtained from another source than the Platform,
- were damaged through misuse or negligence (e.g., exposed to chemicals, corrosive substances, open flames, high heat, sharp objects, etc.) and/or
- were damaged by being used improperly (e.g., incorrectly assembled, non-purposeful use, etc.),
- have damage caused by normal wear and tear or exceeding the economic lifespan.
We are happy to assist you. Do not hesitate to contact us with your questions and comments. Contact us appropriately at the contact details below under Miscellaneous.
3. Use of the Platform
3.1 Introduction
These User Terms apply to your access to and use of the Platform, including the Platform's software ("Software"). Your access to and use of the Platform and the information, materials, products, and services available through the Platform are subject to these User Terms, regardless of whether you have an account via the Platform linked to your name and/or contact details ("Account").
Read these user terms carefully before using the Platform. If you choose to continue to use or access the Platform after you have read these User Terms, you acknowledge that Maptun has provided a service by offering the Platform free of charge, and in exchange for this service, you agree to these User Terms. If you do not accept being bound by these User Terms, you should not access or use the Platform.
If the provision of personal data for use on the Platform is considered as payment under applicable law, the terms in Chapter 4 apply.
3.2 Changes to these User Terms
We may make changes to these User Terms at any time if we deem it reasonably necessary (including for security, legal, or regulatory reasons). We will notify you of this as soon as reasonably possible (and we may do this by notifying the changes either when you log in to the Platform or by sending a message to the contact details you have provided and/or in another way we deem appropriate).
In certain circumstances, you may need to accept a new version of these User Terms before continuing to use the Platform. Your continued use of the Platform will constitute your acceptance of new or amended terms and/or updates.
3.3 Copyright and Ownership
All content, except for User Content, offered or displayed on the Platform, including but not limited to text, graphics, photographs, images, moving images, sound, and illustrations protected by intellectual property rights (collectively "Content"), is owned by Maptun, its licensors, vendors, agents, and/or its 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, audio, and images available on the Platform for personal, informational, and non-commercial purposes.
You may not alter any of 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 contained on the Platform.
Except as permitted under applicable copyright laws, you are responsible for obtaining permission before reusing any copyrighted material available on the Platform. Under these User Terms, it is prohibited to use such material on any other mobile application, website, or online service.
You are responsible for complying with all laws applicable to you and your use of the Platform. The Platform, its Content, and all related rights shall remain the exclusive property of Maptun or its licensors unless otherwise expressly agreed. You may not remove any copyright, trademark, or other proprietary information from the material found on the Platform.
3.4 Trademarks
All Maptun trademarks, service marks, and trade names used in connection with the Platform (collectively "Marks") are trademarks or registered trademarks owned by Maptun or its associated companies, partners, vendors, 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 PR concerning the distribution of material on the Platform, without prior written consent from Maptun. It is not permitted to use Maptun's Marks on any other mobile application, website, or online service. Maptun prohibits the use of Maptun's Marks as a direct link on or to any other mobile application, website, or online service unless the establishment of such a link is approved in advance.
3.5 Software
Maptun provides the Software under the following conditions. Maptun grants you a non-exclusive, non-transferable, and limited license to use the Software solely for the purpose of using myMaptuner. Except as specifically stated in these User Terms, you may not, in whole or in part,
- copy the Software,
- distribute copies of the Software, in whole or in part, to any third party,
- modify, adapt, translate, reverse engineer, make changes, decompile, disassemble, or create derivative works from the Software, except as permitted by law,
- use, rent, loan, sublicense, lease, distribute, or attempt to grant other rights to the Software to any third party, or
- use the Software to operate as a service provider or program service provider or to allow access to the software by any third party. Some of the Software may be provided by and/or owned by third parties.
You may not use programs, robots, search engines, spiders, web scrapers, or other automated means or devices to:
- access, copy, affect or monitor any part of the Platform or its content or bypass the Platform's structure or presentation or any of its content, or
- disrupt the operation of the Platform or transactions made on the Platform or hinder or affect people's use of the Platform or facilitate third-party product purchases on the Platform.
You may not attempt to gain unauthorized access to any part of or functionality on the Platform or systems connected to the Platform through hacking, password mining, or other illegal or unauthorized means.
Some of the third-party material that Maptun provides for use with the Software is governed by open source license agreements that accompany such third-party material. Maptun makes no claim to ownership of such open source software, and such software is provided solely in accordance with the license agreements accompanying such software. Accordingly, the above restrictions on usage, ownership, modification, and other provisions related to the software may not apply to such open source software.
3.6 Accuracy of Information
We try 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 not obligated to maintain or update such information. You should not rely on any such information, and any reliance on such information is at your own risk.
3.7 Minors
You must be 16 years or older to access or use the Platform.
3.8 Your Information
When you provide information about yourself to us or other users of the Platform, including when you create an account, you agree to the following:
- To provide accurate and up-to-date information and not information that attempts to impersonate another individual, and
- to promptly update the information so that it is accurate and up-to-date. If you provide any information about yourself that is false or inaccurate, 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 accounts, deny you access to services on the Platform, and/or refuse any or all current or future use of the Platform or 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 via the Platform, including the information provided when creating an Account and information you share or make available to other users of the Platform ("User Content"). This means that you, and not us, are responsible for all User Content that you upload, post, transmit, publish, display, or otherwise make available via the Platform.
We do not control posted user content and cannot guarantee the accuracy, integrity, or quality of any user content. Furthermore, the user content is for informational purposes only and is not intended to replace professional medical advice, diagnosis, or treatment. You understand that if you use 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 the use of or reliance on it.
By uploading, posting, transmitting, publishing, displaying, or otherwise making User Content available via 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 allow our use of the User Content under these User Terms,
- all User Content you post is accurate, does not violate these User Terms, will not result in a breach or violation of terms in contracts or agreements you are currently bound by or will become bound by in the future, does not violate or will not violate applicable law, and does not harm or will not harm any person or entity, and that
- you are at least 16 years old.
3.10 Your License 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 license (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 or 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 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 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 does not violate any third-party rights.
3.11 Maptun's Discretion to Use User Content
All User Content that you upload, post, transmit, publish, display, or otherwise make available via the Platform may be used by Maptun in accordance with our Privacy Notice. Maptun reserves the right, at its discretion, to modify, shorten, delete, or refuse to post User Content. Maptun does not guarantee that you will be able to process or delete such User Content that you have made available in connection with the Platform. We are not obligated to keep the User Content you make available via the Platform confidential.
3.12 Your Conduct
You agree to comply with all laws, rules, and regulations applicable to your access to and use of the Platform. Additionally, you agree not to:
- upload, post, transmit, publish, display, or otherwise make available via the Platform such User Content that you know is false, inaccurate, or misleading,
- upload, post, transmit, publish, display, or otherwise make available via the Platform such User Content that violates laws, statutes, regulations, or rules (including, but not limited to, those regulating export control, consumer protection, unfair competition, discrimination, or misleading advertising),
- upload, post, transmit, publish, display, or otherwise make available via the Platform such User Content that is, or reasonably may be considered, harmful, threatening, abusive, harassing, unlawful, defamatory, vulgar, obscene, false, of a nature that it invades someone's privacy, hateful, racially, ethnically, or otherwise offensive, or in any way harmful to minors,
- forge headers or otherwise manipulate identifiers to disguise the origin of User Content transmitted via the Platform,
- upload, post, transmit, publish, display, or otherwise make available via the Platform such User Content that you do not have the right to make available under law or under contractual or fiduciary relationships (e.g., inside information or proprietary and confidential information disclosed as part of employment relationships or under confidentiality agreements),
- upload, post, transmit, publish, display, or otherwise make available via the Platform such User Content that infringes a party's rights regarding patents, trademarks, trade secrets, copyrights, rights of publicity, or any other rights,
- upload, post, transmit, publish, display, or otherwise make available via the Platform unsolicited or unauthorized advertising, promotional materials, "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 an image or photo showing such user content) on any other website, mobile application, or online service without prior permission from that user,
- upload, post, transmit, publish, display, or otherwise make available via the Platform material containing software viruses or other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment,
- take actions that disrupt the Platform's functions, compromise the Platform's security, or otherwise harm the Platform or the material or information available via the Platform,
- attempt to gain unauthorized access to any part or function of the Platform, to other systems or networks connected to the Platform, to any of our or our service providers' servers, or to any of the services offered on or through the Platform, including but not limited to hacking, password mining, or any other unauthorized means,
- investigate, scan, or test the vulnerability of the Platform or any network connected to the Platform or bypass authentication measures on the Platform or any network connected to the Platform,
- in accordance with section 3.5, use any automated means to collect information or content from or otherwise access the Platform, including but not limited to using technical tools such as robots, spiders, or scraping without our prior permission,
- harvest or otherwise collect and store information about other users of the Platform, including email addresses,
- install any software, file, or code that is not authorized 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 bypass all requirements, procedures, policies, or rules for networks connected to the Platform.
3.13 Links to Websites and Online Services Owned or Controlled by Third Parties and Third-Party Attributes
For your convenience, the Platform may contain links to, or sometimes redirect you to, websites and/or online services owned or controlled by third parties. At your request, the Platform may also connect to social networking websites not owned or controlled by us.
We cannot control these websites and online services, and you agree that we are not responsible or liable for the accuracy; collection, use, or disclosure of information; copyright compliance; legality; decency; or any other aspect of such websites and online services, including their operation or the content displayed on or through them. The presence of such a link on the Platform does not imply that we endorse any such website or online service, the content displayed on or through it, or any association with the operators, and you agree not to hold us responsible 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 must register or obtain a login ID and password before you can access certain pages on the Platform. You acknowledge and agree that you are responsible for protecting the confidentiality of your login ID and password and for all uses of your login ID, password, and/or account, whether authorized by you or not. You agree to immediately notify us of any unauthorized use of your login ID, password, or account, or any other security breach involving access to the Platform through your account. You understand that you may be held liable for any loss or damage caused to us or any other person or entity due to someone else using your login ID, password, or account as a result of your failure to take reasonable steps to keep your account information secure and confidential.
3.15 Use of the Platform and Termination of this Agreement
We reserve the right, at our discretion, to do any of the following at any time, with or without prior notice:
- Change, temporarily suspend, or terminate the operation of or your access to the Platform or any part of the Platform or the agreement between you and us under these User Terms, including, but not limited to, if you commit a breach of these User Terms,
- modify or change the Platform, or any part of the Platform,
- discontinue the regular operation of the Platform, or any part of the Platform, if needed to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Platform, required for, among other things, changes in the technical environment or technical features, changes in the number of users, or improvements in services.
Upon termination of the agreement under these User Terms for any reason, the following applies:
- All rights granted to you under these User Terms will cease.
- You must immediately cease all activities authorized by these User Terms, including your use of the Platform.
- You must immediately delete or remove the Platform from your device(s) and immediately destroy all copies of the whole or part of the Platform, which you own, store, or control, and at our request, certify to us (or our nominee) that you have done so.
The sections "Your License to Maptun for User Content" and "Our Responsibility for Loss or Damage You Have Suffered" continue to apply after this agreement has been terminated under these User Terms.
3.16 Access to the Platform
Neither Maptun nor any of their respective affiliates guarantee that the Platform's functions will operate uninterrupted or be error-free, or that errors will be corrected.
We may temporarily suspend, withdraw, cancel, or change all or any part of the Platform without prior notice.
3.17 Our Responsibility for Loss or Damage You Have Suffered
We are responsible to you for foreseeable losses and damages caused by us. If we do not comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaching these terms or failing to use reasonable care and skill, but we are not responsible for 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, at the time you accepted these terms, knew it might happen.
We do not exclude or limit our liability to you in any way where it would be illegal to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees or for fraud or fraudulent misrepresentation.
If you use the Platform for commercial, business, or resale purposes, we have no liability to you for loss of profit, loss of business, business interruption, or loss of business opportunity.
3.18 Even if we delay enforcement of this agreement, we can still enforce it later
Even if we delay enforcement of this agreement, we can still enforce it later. If we do not immediately insist that you do something you are required to do under these terms or if we are late to take action against you when you have breached this agreement, it does not mean that you do not have to do it and it does not prevent us from taking action against you later.
4. Purchase Terms for Digital Content and Digital Services
4.1 When do these Purchase Terms apply?
These Purchase Terms apply where you provide us with your personal data in exchange for access and use of our platform. This Chapter 4 does not apply when we collect your personal data solely to deliver digital content or a digital service to you or for the sole purpose of meeting legal requirements or where we only collect metadata in accordance with applicable law. You agree to these Purchase Terms when you start using the Platform, for example, by creating the Maptun account. Deviations from these Purchase Terms are only possible with written consent from us.
If you do not agree to these Purchase Terms, you should not access or use the Platform.
4.2 Compliance; Updates
For Maptun, quality is extremely important, and we have a legal obligation to ensure that our Platform complies with the agreement. As part of this legal obligation, we will occasionally offer and require you to install security updates and technical updates. It is your responsibility to install such updates without delay and to update the operating system on your end device if required for such updates. We will not be responsible for any lack of compliance with the Platform resulting from a lack of relevant updates if you do not install the update we provided.
If our Platform does not comply with the sales agreement, you have the right to have the discrepancy corrected. Your right to invoke non-compliance expires two (2) years after delivery of the Platform. You should reasonably cooperate with us to assess whether the cause of non-compliance lies in your own digital environment. If you do not cooperate in this way, the burden of proof regarding compliance 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 the agreement was signed ("Withdrawal Period") without giving any reason. To meet the withdrawal deadline, you must notify 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 sending an unequivocal statement (e.g., by mail) clearly stating that you wish to terminate the agreement. You can use the withdrawal form provided as Annex 1 to these Terms, but it is not mandatory. If you use any of these options, we will confirm receipt of the termination of the order via email.
4.4 Consequences of Termination
If you terminate the agreement, the platform will be closed for 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 provided or created by you when you used the platform, except where such content was provided by the user:
- has no benefit outside the context of the Platform,
- is exclusively related to your use of the Platform,
- has been aggregated by us with other data and cannot now be separated or can only be separated with disproportionate effort, or
- was generated by you together with other customers, provided that other customers can still use Content provided by users.
At your request, we will make available to you content provided by users that cannot be described as personal data provided or created by you in connection with the use of the platform, except in the situations (i), (ii), and (iii) according to the above. Regarding the consequences of terminated user-created content that can be described as personal data, the provisions of the Privacy Terms apply.
4.5 User-Provided Content; Consequences of Termination
Subject to the above, if you have uploaded, posted, transmitted, published, displayed, or otherwise made available User-provided content via the Platform, the following applies upon termination of the purchase agreement:
- the rights granted in Section 3.11 regarding User-provided content that does not constitute personal data cease. However, this does not apply if such User-provided content:
- has no use in another context than the Platform,
- is exclusively related to your use of the Platform,
- has been aggregated by us with other data and cannot be restored or can only be restored with a disproportionate amount of effort,
- was created by you together with other customers, provided that other customers can still use the User-provided content.
- We will, at your request and at no cost within a reasonable time, provide you with User-provided content that does not constitute personal data in a machine-readable format, as soon as the termination becomes effective. This does not apply in situations mentioned in Section 4.5 in points (i), (ii), and (iii).
- For User-provided content containing personal data, the provisions of the Platform's Privacy Notice will 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 one of the ways listed on the Platform.
You can also contact us by mail at the following address:
Maptun Performance AB Verkstadsgatan 2 702 27 Örebro, Sweden
5.2 Priorities
In case of conflicts between Maptun's Terms and other content elsewhere on the Platform or in links, it is Maptun's Terms in this document that apply.
5.3 Changes to Maptun's Terms
We reserve the right to make changes to these Terms at any time. The use of this Platform and any purchase agreement entered into between you and us will be subject to the version of Maptun's Terms in force at the time you place your order via this Platform or the day you browse this Platform (as applicable).
Check regularly for changes to Maptun's Terms.
5.4 Data Protection
Maptun fully respects the privacy of individuals who access and use the Platform. Your personal data will be collected and used for the fulfillment of necessary contractual obligations specified in these Terms. For information on how we use cookies, what type of information we collect, how and for what purpose we use your information, and under what circumstances we disclose information, see our Privacy Policy.
5.5 Severability
Each provision in Maptun's Terms shall be interpreted separately and independently of other provisions. If any provision is deemed invalid, unenforceable, or not legally binding, that provision shall be considered severable and shall not affect the enforceability of other provisions in these Maptun's Terms.
5.6 Subcontracting and Assignment
Maptun reserves the right to use subcontractors and transfer, assign, and decide on novation concerning all or any of our rights and obligations under Maptun's Terms provided that it does not affect your rights under Maptun's Terms. You may not use subcontractors, assign or otherwise transfer any of your rights or obligations under Maptun's Terms without our written consent.
5.7 Events Beyond Reasonable Control
Maptun will not be held responsible for any delays or failure to perform or comply with our obligations under Maptun's Terms if such delay or failure is due to a cause beyond Maptun's reasonable control.
5.8 Applicable Law and Jurisdiction
Maptun's Terms are governed by the laws of Sweden. Swedish law applies to the sales agreement, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). This does not affect applicable mandatory rights under the law of the country where you reside.
You are free to refer any disputes arising under these Terms to the competent court in Örebro, Sweden.
5.9 Information About Batteries
Some of the products Maptun sells contain batteries.
Batteries and rechargeable batteries containing hazardous substances are clearly marked with the symbol of a crossed-out trash can. The chemical designations for the hazardous substances may be indicated under the crossed-out trash can symbol. These may include (Pb) lead, (Cd) cadmium, and (Hg) mercury.
Old batteries and rechargeable batteries should not be disposed of with ordinary household waste. They can be returned free of charge to a collection point or a store. You can also return purchased batteries and rechargeable batteries (without devices) to our offices personally. Please do not send any batteries by mail.
Version June 2024