SALES AND RETURN TERMS

General:
These sales and return terms apply to all offers, all sales, and all deliveries unless otherwise agreed in writing between the parties. The company may not enter into agreements with minors (under 18 years) without guardian approval. Registered legal name: Toth Invest Solutions AB.

Prices:
All prices are stated in Swedish kronor. Toth Invest Solutions AB’s prices appear in Toth Invest Solutions AB’s current price list or in a specific offer, which also includes information on delivery costs according to Toth Invest Solutions AB’s calculations, taking into account such changes in exchange rates, customs, taxes, fees, etc., that may relate to the agreed delivery. Pricing depends on, among other things, the manufacturer’s price, exchange rates, and other external factors, and Toth Invest Solutions AB reserves the right to change prices immediately without prior notice.

Payment:
Payment must be made no later than the date specified on the invoice as the due date. As a general rule, payment shall be made net in cash. Toth Invest Solutions AB has the right to charge interest and fees for late payment at 2% per month (24% per year) until the overdue amount is paid, in cases where payment is made after the due date. Payments from the buyer are first allocated to accrued late interest and costs, then to the principal. The buyer is not entitled to set off any counterclaims against Toth Invest Solutions AB unless this has been approved in writing by Toth Invest Solutions AB, and is also not entitled to withhold any part of the purchase price by referring to counterclaims of any kind. If delivery is postponed due to the buyer’s circumstances, the buyer is obliged to pay Toth Invest Solutions AB as if delivery had taken place at the agreed time. Toth Invest Solutions AB may waive this condition in writing. For custom-sized pool enclosure, as well as PP pool deliveries, only payment before delivery applies. In case of incomplete payment, all delivery is halted and the customer is obliged to compensate Toth Invest Solutions AB for incurred costs.

Payments in the webshop are handled by Klarna, which also offers installment payments for our customers. For more information please see Klarna’s terms at www.klarna.se.

Retention of title:
Toth Invest Solutions AB retains title to delivered goods until the entire purchase price, including delivery costs and any interest and expenses, has been paid in full.

Delivery terms for PP pools
Orders for PP pools are placed via the website, or alternatively the end customer fills in the order form. Incomplete order forms may be rejected or supplemented by Toth Invest Solutions AB. For PP pools, the customer must approve the order confirmation and pay the deposit before it goes into production. Delivery time varies depending on the pool model, and Toth Invest Solutions AB cannot be held liable for compensation or damages arising due to delays associated with these. The PP pool is delivered by an external transport company provided that weather conditions permit (wind and rain may affect the delivery). Toth Invest Solutions AB is not responsible for additional costs arising due to delay of the pool delivery. Costs incurred in connection with the pool delivery (e.g., a crane truck standing idle that cannot unload, a crane truck that cannot access the site, etc.) are charged to the customer. Any transport damage occurring in connection with delivery must be reported immediately upon receipt of the delivery to the transport company.

NOTE: skimmer, inlets, flexible hose, lights or other pool accessories are not permanently mounted at the factory but only installed for transport. The pool installer is always responsible for checking that these components are intact upon arrival and that their installation is carried out professionally. Toth Invest Solutions AB is not responsible for damage or leakage arising because these components are not intact or are incorrectly installed. Toth Invest Solutions AB provides the manufacturer’s warranty on all components. Discoloration arising because the owner neglected the pool (too low/high chlorine level/pH value) is not covered by the warranty. Furthermore, the warranty does not apply if the damage has arisen due to settling or movement of the pool or because the installation was not carried out in accordance with our provisions found in the “PP Pool Installation Manual.” Delivery of pool enclosure or other equipment ordered at the same time as the pool is carried out separately, and Toth Invest Solutions AB is not responsible for a delay of a few days in deliveries. Pump rooms delivered in connection with PP pools are pressure-tested/tested at the factory, and Toth Invest Solutions AB is not responsible for leaks occurring in these pump rooms. The pool installer is responsible for connecting, assembling, and drilling drainage holes in these pump rooms.

Delivery:
Delivery takes place from Toth Invest Solutions AB’s warehouse or from the manufacturer’s warehouse. Delivery is paid by the buyer, unless it is explicitly stated that the delivery costs are included in the price. The delivery costs (freight, postage, packaging materials, etc.) are stated in Toth Invest Solutions AB’s current price list or provided by Toth Invest Solutions. The delivery time is determined by Toth Invest Solutions AB taking into account the conditions that applied at the time of the offer or when the agreement was concluded. Toth Invest Solutions AB is not responsible for delayed deliveries but always strives for punctual delivery. If an item is not received within 3 days after notified delivery or an incorrect address is provided by the buyer, Toth Invest Solutions AB reserves the right to charge additional costs such as storage, transport surcharges, handling, and delay fees per order. Any transport damage occurring in connection with delivery must be reported immediately, but no later than 1 day after delivery, to the transport company.

Order errors / 14-day right of withdrawal:
Toth Invest Solutions AB applies a 14-day right of withdrawal for stock items. Special-order items such as pool, pool enclosure, slatted cover, liner, pool cover are not covered by the right of withdrawal. These products are custom-made for the customer according to the customer's order. Other returns are generally not accepted. In special cases, the return of goods or cancellation of an order may take place after this has been agreed in writing, and this right then applies only to stock items in unopened original packaging. Toth Invest Solutions AB reserves the right, in the event of a return of goods or cancellation of an order, to charge a return fee of 15% of the invoice amount, however at least 550 SEK. The goods are credited at the lowest applicable daily prices.
We follow the Consumer Sales Act, and the customer has a 3-year right to complain about products and 6 months on installation work according to the Consumer Services Act. In the event of replacement or remedy of defects under a complaint, any shipping costs will be reimbursed within 30 days from the day we received the complained item.

Product information:
Toth Invest Solutions AB is not responsible for any errors or changes in brochures and other advertising material. Any errors and changes cannot be used against Toth Invest Solutions AB.
Product changes: Toth Invest Solutions AB reserves the right, without prior warning, to change the products or parts thereof provided this can be done without causing functional problems for the buyer.

Intellectual property rights:
All product deliveries are made with regard to each individual holder’s intellectual property rights, and Toth Invest Solutions AB is not responsible for any type of action by the buyer that is in conflict with these rights.

Incomplete deliveries and complaints:
Upon delivery, the buyer must immediately inspect the delivery according to normal business practice. If the buyer considers that the delivery is incomplete or incorrect, the buyer must notify Toth Invest Solutions AB in writing no later than 24 hours after delivery and state which component(s) are missing. If the buyer has discovered or should have discovered the deficiency and does not notify as above, the buyer cannot later claim this deficiency. Toth Invest Solutions AB is not responsible for leaks in fittings, pump rooms, or other installation-related products, as these may have shifted during transport. The responsibility thus lies with the buyer or installer to inspect the product and remedy the defect without the involvement of Toth Invest Solutions AB. Toth Invest Solutions AB has the right to choose whether the incomplete delivery should be supplemented or whether a replacement delivery should take place. Changes or interventions in the purchased product without the written consent of Toth Invest Solutions AB mean that Toth Invest Solutions AB is released from all obligations. If Toth Invest Solutions AB instructs the buyer, the buyer must immediately after the complaint, at the buyer’s expense and risk, return the allegedly defective item to Toth Invest Solutions AB in its original packaging. Toth Invest Solutions AB reserves the right on each individual occasion to commit only to receiving the allegedly defective part. Provided that Toth Invest Solutions AB has undertaken to offer service under a special agreement, the service agreement only covers the purchased products. Toth Invest Solutions AB reserves the right to test goods stated to be defective. If Toth Invest Solutions AB, upon testing, finds that the item works flawlessly, the item will be returned with an invoice for the work performed. Only after the test has been carried out will Toth Invest Solutions AB perform a possible exchange or credit. Exchange: The item is replaced with a corresponding item and in the same quantity as received in return.

Limitation of liability:
Claims for compensation against Toth Invest Solutions AB may not exceed the invoice amount for the sold product. Toth Invest Solutions AB’s liability for compensation is limited to direct losses, and Toth Invest Solutions AB is not responsible for production stoppages, compensation for lost profits, and other indirect losses. Toth Invest Solutions AB is not responsible for delays or deficiencies that can be attributed to assistance measures, replacement, or attempts at the same. Toth Invest Solutions AB is without liability if the following circumstances prevent the purchase from being fulfilled or make performance unreasonably difficult: labor market conflict or other circumstances beyond the parties’ control, such as fire, war, mobilization or similar, requisition, seizure, currency restrictions, riots and disturbances, lack of transport, general shortage of goods, fuel restrictions, as well as deficient or delayed deliveries from subcontractors that can be attributed to any of the circumstances mentioned in this clause or other circumstances that substantially prevent Toth Invest Solutions AB from fulfilling its part of the agreement. Circumstances according to the preceding clause that occurred before the offer was announced or the agreement concluded only entail exemption from liability if the impact of the circumstances on the fulfillment of the agreement could not have been foreseen at that time.

Product liability:
To the extent nothing else is stipulated in Swedish legislation according to rules on product liability that cannot be contracted away, the following limitations apply: Toth Invest Solutions AB is only liable for damage caused by a product delivered by Toth Invest Solutions AB to the extent that it can be proven that the damage arose due to a defect or negligence in connection with this product, even though the product has been installed by a professional according to Toth Invest Solutions AB’s installation manual.
Transfer of rights and obligations: Toth Invest Solutions AB has the right to transfer all rights and obligations regarding the agreement to a third party.

Privacy policy:
The company handles personal data confidentially and follows Handelsbanken’s privacy policy.

Disputes:
Disputes regarding the interpretation or application of these terms and related matters shall be settled by arbitrators in accordance with the Arbitration Act (1929:145). Arbitration shall take place in Malmö. However, a party may bring an action before a general court to recover an undisputed claim. In that case, a disputed counterclaim may not be invoked by way of set-off; such counterclaim shall be examined in arbitration.