General Terms & Conditions
The web site www.malmoclothingco.com and its sub-domains are run by Emilio Bernard, a legal entity incorporated in Sweden with company registration number 890107-6136, Vårgatan 7A, 212 18 Malmö, Sweden. With the denominations ”we”, ”our”, and “us” are meant Malmö Clothing Co. If you are below 18 years of age you need permission from your legal guardian to place an order in the Online Shop. By using the Online Shop and/or placing an order, you accept these general terms and conditions (the ”General Terms and Conditions”). Malmö Clothing Co. reserves the right to – from time to time - amend these General Terms and Conditions. Any changes that Malmö Clothing Co. makes will enter into force no earlier than thirty (30) days after the revised General Terms and Conditions have been made available in the Online Shop.
Ordering & Acceptance of Purchases
Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors. Malmö Clothing Co. does not guarantee that all items included in the Online Shop are in stock at the time of your ordering meaning that items in your shopping basket are not reserved and therefore may no longer be available once you place your order. In the event that an item is unavailable, we will contact you as soon as possible by e-mail to the e-mail address that you have provided to us at the time of your placing of the order. After submitting your order in the Online Shop, we will send you an order summary to the e-mail address that you have provided to us at the time of your placing of the order. The order summary contains your order number, details of the item that you have ordered and delivery particulars. Please note that the order summary is not an acceptance of the order but a mere acknowledgement that we have received your order. Once the order has been processed and we see that the items that you have ordered are available and that all other information that you have provided is complete, we will send a confirmation of your purchase to the e-mail address that you have provided to us at the time of your placing of the order. The confirmation of your purchase contains shipping information with tracking details. Make sure to submit the correct billing and shipping address to avoid delivery delays. We do not accept delivery to post office boxes, army post office addresses or to any similar addresses. We reserve the right to – in our total discretion – not accept your order.
General information We reserve the right to change the prices of the items sold in the Online Shop at any time and without any notice. Change in price will of course not apply for items already purchased by you. Malmö Clothing Co. reserves the right to cancel any order prior to dispatch should we find that the price is incorrect. In such a case we will notify you by e-mail to the e-mail address that you have provided to us at the time of your placing of the order. If we are unable to contact you, your order will be automatically cancelled. If you have been charged the wrong amount in the Online Shop, Malmö Clothing Co. will give you the option of placing a new order with the correct price or canceling your order. Periodic sales and/or campaign offers are valid - unless otherwise stated - as long as the items are available in stock and/or until the end date of the periodic sale and/or the campaign offer is reached under the terms specified in each offer/campaign.
European Union countries (excl. Åland Island) All prices shown in the Online Shop include applicable Value Added Tax (VAT), but exclude delivery charges (see information on delivery charges below). Non EU countries (incl. Åland Island) Please bear in mind that all items ordered from our Online Shop are shipped from Sweden. This means that if you live outside the European Union or on Åland Island, you will not be charged for VAT under Swedish laws, but you can, and probably will, be charged for tax, duty, import, brokerage fees and/or other additional fees (“Additional Fees”) upon receiving the package. Note that you, as a customer, are responsible for payment of the Additional Fees - Malmö Clothing Co. will not compensate you for the Additional Fees that may be added to deliveries outside of EU. Malmö Clothing Co. is unable to calculate the exact amount of Additional Fees, since these Additional Fees are imposed directly by your local customs. Please note that Malmö Clothing Co. doesn’t take any part of these Additional Fees as they are out of our control. We recommend that you contact your local customs office before placing your order, for further information on current Additional Fees. UPS will invoice you for these Additional Fees upon delivery of your order, through cash, check or invoice, and needs to be paid in for you to be entitled to collect the package.
We accept all major credit and debit cards (VISA, Mastercard, American Express, Maestro and Discover). For our Swedish, Finnish, Norwegian, German and Austrian customers we also offer payment through Klarna (www.klarna.se) that offers a range of different payment methods.
Credit and debit cards
You will be able to enter your payment details at the time of your placing of your order using a valid credit or debit card (VISA, Mastercard, American Express, Maestro and Discover). The applicable amount will immediately be reserved on your card but will not be debited until your item is dispatched.
The transaction is processed by Stripe, www.stripe.com, in order to ensure fast and secure payment which meets the PCI DSS v3.1 requirements. Malmö Clothing Co. does not save your card details. All information is encrypted using client-side encryption and sent to Stripe via secure servers (SSL/HTTPS).
Malmö Clothing Co. reserves the right to check the validity of the credit or debit card, its credit status in relation to the order value and whether the address data that you have provided correlates with the address data of the credit or debit card. Malmö Clothing Co. may refuse orders depending on the result of these controls. In light of the above, it is advisable to make sure that you have sufficient funds on your credit or debit card before you place your order. Credit card companies may block foreign online purchases for security reasons why you need to contact your credit card company and ask them to remove such blocks if applicable.
Malmö Clothing Co. reserves the right to check the validity of the Klarna account that you use for payment. Malmö Clothing Co. also reserves the right to check that there are enough funds to cover your purchase and validate the billing address details that you have entered. For Klarna, the applicable amount will be reserved on your Klarna account immediately in connection with your placement of your order but will not be debited until your package is dispatched.
Malmö Clothing Co.'s aim is to always deliver your purchased items as quickly as possible. If the items that you have ordered are available in stock, the delivery time is normally 2-5 business days from the time that you receive a confirmation of your purchase from us. The delivery time is calculated from the time you receive the confirmation of the purchase until the purchased item is available for you to pick-up at your nearest service point. If the item that you have purchased is not available in stock or delays are caused due to other circumstances, delivery times may be longer. Delivery time might be longer during periods of sales and public holidays. Malmö Clothing Co. is not responsible for any delays caused by customs clearance processes. Even though Malmö Clothing Co. aims to deliver the items that you have purchased within the communicated time frame, delivery may take longer. For our Swedish customers, packages are sent out with PostNord Sverige AB (“PostNord”) and you will get a text message or notification via regular mail when your package is ready for collection at your local PostNord service point. For customers outside Sweden, packages are sent with UPS. UPS usually delivers between 8:00 -18:00 (working hours) on business days. Malmö Clothing Co. insures each package during the time it is in transit until it is delivered to you. If your package is lost you need to contact us as soon as possible so that we can initiate an investigation with our delivery service partner. The investigation takes up to ten (10) business days and we will be in contact via e-mail once the investigation is finished.
If you do not pick up your purchased item at the applicable service point, Malmö Clothing Co. will charge you for the actual costs for freight charges and return freight charges.
You have the right to cancel your purchase within fourteen (14) days from the date of receipt of the item or from the day you received the last item in an order of several items in your possession. You can exercise your right to cancel your purchase immediately after your purchase and do not need to wait until you have received the purchased item. You can invoke your cancelation right by sending an e-mail to us to firstname.lastname@example.org in which you state that you would like to invoke your cancelation right. To cancel your purchase you furthermore need to fill in the return form included in your package and specify what item that you are returning. If you have lost your return form, please contact us at email@example.com
You may also use a standard form to exercise your right of cancellation, which you can find on the respective National Board for Consumer Policies' website (in Sweden: www.konsumentverket.se). Please be informed that you need to return the items at your own expense and without undue delay and no later than within fourteen (14) days from the time you notified us on that you wanted to use your cancelation right. When possible, Malmö Clothing Co. kindly asks you to return your purchased item in its original packaging even if this is not a requirement in order for you to be able to return the item. In relation to limited edition items, please note that the packaging is considered a big part of the item.
Please return your item to:
Malmö Clothing Co.
c/o Emilio Bernard
212 18 Malmö
Malmö Clothing Co. will refund what you have paid, including the freight and delivery charges. However, if you choose to cancel/return only part of your order Malmö Clothing Co. will not refund any freight or delivery charges, since the same charges apply no matter how many items you order. The refund will be made as soon as possible and within fourteen (14) days from Malmö Clothing Co.'s receipt of your message regarding cancellation, provided that Malmö Clothing Co., by this date, has received the item that you would like to return or that you have provided Malmö Clothing Co. with proof of that the item being sent to Malmö Clothing Co.. Refunds will be made to the credit or debit card or Klarna account used for placing the order. If you want a refund for your duties and/or taxes for refunds outside the European Union, you´ll need to contact your local UPS Access Point or UPS Customer Service. Please be informed that you stand the risk for the return transportation of the item to Malmö Clothing Co. meaning that you are responsible for any damage or loss of the item you are returning during the transportation of the item back to Malmö Clothing Co. In light of this we recommend that you send the package using a delivery service that insures you for the value of the items. Malmö Clothing Co. recommends that you always save the receipt until the return of your item has been completed. Your right to cancel your purchase as described above does not apply for sealed packages with e.g. underwear or swimwear for which the seal has been broken by you. Please note that Malmö Clothing Co. will not compensate you for the return freight or delivery charges. Furthermore, if your handling of the item that you are returning has resulted in a decreased value of the item due to wear or handling to an extent beyond what is reasonable in order for you to try out/test the item, Malmö Clothing Co. will make a deduction of the refund corresponding to the amount of the loss of value of the item.
You can exchange items into different sizes and colors provided that the item that you would like to exchange for has the same price as the item you´re returning. All exchanges are based on stock availability and are shipped to you free of charge. If you want to exchange to an item that cost more than the item that you would like to exchange, we refer to your cancelation right above. All exchange orders to countries outside the European Union are sent with the marking "Warranty Replacement Order". This explains for your local customs authority that you have already paid taxes and duties for your original package, and that this is a replacement item. Should your local customs authority insist upon and issue taxes and duties again you will need to show proof that the exchange is an exchange and that you have already paid the taxes and duties, and that you have sent the original item back to us. Please make sure to have the tracking number for your return and the receipt for the taxes and duties at hand. Please be informed that you stand the risk for the return transportation of the item to Malmö Clothing Co. meaning that you are responsible for any damage or loss of the item you are returning during the transportation of the item back to Malmö Clothing Co.. In light of this we recommend that you send the package using a delivery service that insures you for the value of the items. Malmö Clothing Co. recommends that you always save the receipt until the return of your item has been completed.
Content and Colors
Although Malmö Clothing Co. strives to display the correct texts, images and pricing in the Online Shop, errors may occur. We can furthermore not guarantee that colors in the Online Shop will be true to life, this depends partly on the color settings of your computer and the settings of your monitor.
In order to be able to use and place an order in the Online Shop by making use of your device, there could be certain technical requirements. You may, for example, need to install certain software, such as a regular web browser. If your device does not meet the technical requirements, you will, via pop-up boxes or similar, get information about what software or the like that you will need to install in order to use and to place an order in the Online Shop.
Malmö Clothing Co.'s aim is that the Online Shop shall work satisfactory at all times. However, the Online Shop is provided as it is and with the quality it has.
Should any provision of these General Terms and Conditions or part thereof be void or invalid, the other provisions of these General Terms and Conditions shall remain in force and the provision may be amended to the extent such invalidity materially affects the rights or obligations of you or Malmö Clothing Co. under these General Terms and Conditions.
In case of force majeure (e.g. war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events) the contract between you and Malmö Clothing Co. can be partially or fully terminated by Malmö Clothing Co..
These General Terms and Conditions are governed by Swedish law, without regard to its conflict of law provisions. Contact our Customer Care Support if you are dissatisfied with the items that you have purchased from the Online Shop. If you cannot come to a solution with our sales support that you are pleased with, you can turn to your local Board for Consumer Disputes (in Sweden, The Sweden National Board for Consumer Disputes, address: The National Board for Consumer Disputes, P.O. Box 174, SE-101 23 Stockholm, Sweden) or to the European Commission's online dispute resolution platform: http://ec.europa.eu/odr. We do not undertake to participate in alternative dispute resolution procedures, but will take a final position on this matter when applicable.