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All press orders placed with AVAVAV RETAIL AB, organizational number 559418025801, and registered office at Riddargatan 20, 11451, Stockholm, Sweden, hereinafter “the Company”, are subject to these General Loan Terms and by accepting such orders borrower agrees to be bound thereby. No additions or modifications will be binding upon AVAVAV unless expressly agreed to in writing.
1. SCOPE OF APPLICATION - EFFECTS
1.1
These General Loan Terms, together with any Attachments shall govern all agreements that AVAVAV RETAIL AB may enter into with the Borrower for the loan of the products produced and sold by AVAVAV.
1.3
The order and delivery is subject to retention of title. The goods belong to AVAVAV unless the Borrower purchases the goods.
2. Background
AVAVAV (hereinafter "the Company") hereby lets the Borrower borrow ordered goods for a specified Purpose, agreed in writing. The Borrower can borrow the items for the term decided between the Company and the Borrower in writing. The term can be prolonged if both parties agree.
3. Shipping
If not decided otherwise, the Borrower is responsible to arrange and bear all the cost of shipping the items from the Company to the Borrower as well as from the Borrower back to the Company. If other terms are decided please refer to a written conversation confirmed by the Company.
The borrowed items should be returned to the Company according to the Term, to the address indicated by the Company. The items can only be sent back with an express door-to-door service. If the Borrower does not return the items within the term, the Company reserves the right to charge a delay fee.
4. Handling and usage of items
The Borrower is responsible for the condition of the garments when returned. This includes responsibility for loss, damage and theft. If returned items need to be dry-cleaned or repaired the Borrower needs to cover this cost. If items are damaged beyond repair the Borrower needs to reimburse the Company the full retail price of the item. If items are lost or stolen, the Borrower needs to reimburse the Company the full retail price of the item.
5. Credit rights
Unless otherwise agreed in writing, the Borrower grants that the items will be visible in the content produced for the Purpose, the Borrower will also tag the Company’s social media handle on relevant platforms where the content is published.
The Borrower grants the Company the right to publish the content on the Company’s social media channels, website and other communication channels, digital or printed, unless otherwise agreed in writing.
6. Disputes
This Agreement shall be construed in accordance with, and governed by, the laws of Sweden (with the exception of its conflict of law provisions). Any dispute, controversy or claim arising out of or in connection with the Agreement shall, in the first hand, be settled through an agreement between the Parties. If such agreement is not made, such disputes, controversy or claim shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”).
The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. The seat of arbitration shall be Stockholm and the language to be used in the arbitral proceedings shall be English, unless the Parties agree otherwise.