General Terms & Conditions
General Terms & Conditions
General Terms and Conditions
When you as a consumer (the “Customer”) order products from Dear Sam Europe AB (corporate ID no.: 5591058382) (”Dear Sam”), the following terms and conditions apply. This means that, as a consumer, you accept and approve these General Terms and Conditions in all purchases at www.dearsam.com (the “Website”). The General Terms and Conditions are only applicable for Customers that are consumers.
The Website and all its content is owned by Dear Sam or its licensors. The information is protected by intellectual property and marketing legislation. This means that trademarks, company names, product names, images and graphics, design, layout and information about products, services and other content may not be copied or used without the prior written consent of Dear Sam.
Inter alia, Dear Sam comply with current consumer law provisions and the EU law on data protection and privacy, the General Data Protection Regulation (GDPR).
Customer data etc.
When the Customer visits the Website and conducts a purchase, Dear Sam processes some personal data about the Customer to provide the best site possible and to complete the purchase agreement with the Customer. The Customer confirms that the information entered is correct and is responsible for any incorrect or incomplete information provided. Information regarding Dear Sams processing of personal data can be found under the section Confidentiality & Security below.
Placing an order
Order acceptance and billing
To be able to finalize an order on the Website, the Customer must accept the General Terms and Conditions. By accepting the General Terms and Conditions, the Customer undertakes to comply with the General Terms and Conditions in its entirety and acknowledges that he/she has read the information on personal data and cookies and consents to the use according to Dear Sams Confidentiality & Security set forth below.
A purchase agreement is concluded when Dear Sam has confirmed the Customer’s order and the Customer has received an order confirmation from Dear Sam by email. Dear Sam advises the Customer to save the order confirmation for any future contacts with Dear Sams customer support regarding the specific order. The Customer is entitled to cancel the order up until it has been confirmed by Dear Sam. If the customer cancels the order, Dear Sam will refund the payments made regarding the order.
The Customer represent and warrant that he/she has the right to use any credit card or other means of payment that the Customer provides to Dear Sam. Dear Sam works with Klarna, a world-leading payment provider, to always ensure secure payments. By providing payment card information at the checkout page, the Customer authorizes Klarna to store and use the card as a payment method to finalize the order. All billing information that the Customer provides on the Website must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these General Terms and Conditions and may result in cancellation of the order.By confirming your purchase at the end of the checkout process, you agree to accept and pay for the goods, as well as any payment- and shipping fees.
Billing, fees, and prices etc.
The prices stated on the Website are valid for orders placed on the Website. All prices are presented in USD and include VAT. The prices do not include payment- and shipping fees. These, if any, are given separately on the checkout page. The Customer can pay for its purchase by choosing one of the offered payment/billing methods on the Website. Read more about our different payment options and discounts here.
Dear Sam is entitled to charge the Customer at the time of purchase. Dear Sam also reserves the right not to offer all payment methods, at all times, and alternatively to change the payment method if the payment method the Customer has selected does not work. This is applicable for whatever reason, at the time of fulfilment of the order.
Depending on the destination given by the Customer, an order may be subject to additional charges such as sales tax, customs & duty charges. If this occurs, this will clearly be stated for the Customer on the checkout page. Dear Sam does not have any responsibility if such additional charges may apply.
Dear Sam use several different delivery options for delivery to our customers. Information on estimated delivery time is available on each product page and/or at the checkout page. In the event of a delay in delivery, which are not minor, the Customer will be informed of the reason for the delay and will be given a new estimated delivery time. If the Customer won't accept the new delivery time, the Customer is entitled to cancel the purchase.
Home delivery or delivery to a collection point
We have developed and produced several sets of special packaging that are uniquely adapted to our products. This is to ensure fast and secure delivery to our customers. For obvious reasons, most of our products do not fit through a normal letterbox. If a shipment shall be picked up at a specific collection point (often a grocery store or convenience store), the Customer shall do so within the time specified in the notification.
Tracking of our shipments can vary in scope from one delivery option to another. When goods are available for collection, the Customer receives a notification containing information when and where the shipment shall be picked-up or received. The notification can be made by e-mail, regular mail and/or by phone or SMS (if the Customer has provided a mobile number when ordering). Normally, a valid ID document along with the current order number must be displayed when collecting the goods. If the package is not picked up, or in case of home delivery the Customer refuses delivery, Dear Sam is entitled to charge the Customer a fee of 15 USD.
Dear Sam assumes the risk of the goods being damaged or lost during transportation from our warehouse to the Customer. In the case of any returns, the Customer assumes the risk of the goods being damaged or lost.
Disclaimer regarding changes etc.
Dear Sam hereby issue a disclaimer with regard to any price changes, clearance sales, printing errors, errors in product images and/or inaccurate information caused by technical or human error. Dear Sam reserves the right to make changes to prices and purchase conditions. Dear Sam shall have no liability in case products are sold out or any other errors on the Website regarding errors in the product description or technical specification, inaccurate prices and price adjustments (such as change in currencies). Dear Sam is entitled to rectify any such errors and, at any time, to change or update the information. All visual information and images must be seen as illustrations and cannot be guaranteed to depict the exact appearance, nature, function or origin of the product. Dear Sam is not responsible for information on the Website originating from a third party
Dear Sam reserves the right to cancel a purchase entered into due to any errors concerning stock status or price. If a product is sold out or is unavailable for any reason, Dear Sam is not obliged to supply the product. Dear Sam can then choose to suggest an alternative product.
Right of withdrawal and return policy
Dear Sam grants the Customer right to a 14 day withdrawal period from the date on which the Customer received the goods.
When exercising the right of withdrawal, you pay the return freight and are responsible for the condition of the goods after you have received them and during the return freight.
If the Customer wishes to withdraw a purchase, the Customer shall, prior to the expiry of the withdrawal period, send a clear message to Dear Sam customer support. In the message the Customer shall provide its name, address and other relevant information, e.g. order reference, invoice number and the name of the product. If the Customer prefers not to use the above alternative message, the Customer may follow the instructions regarding returns in Questions & Answers or use the standard form for the right of withdrawal provided by the National Board for Consumer Policies or any other equivalent authority in their respective country.The product shall be returned within 14 days from the date when Dear Sam was notified of the withdrawal.
In the case of returns, the goods must be returned in the same state as they were in when they were delivered to you. The goods must be returned in Dear Sam's original packaging with any accessories.
In the case of a return, the customer assumes the transportation risk. Dear Sam assumes no liability for any damage to or loss of returned goods during transportation. We therefore strongly recommend to comply with our instructions to return the goods in their original packaging etc. Dear Sam's packaging is designed to minimise the risk of any damage during transportation.
Refund of returns
In the event of an approved, received return, Dear Sam will refund/pay back the amount without undue delay, however, no later than within 14 days from the date Dear Sam received the returned goods. Refunds in the case of invoice payments are made to the specified personal account in the first instance. In the case of a card payment, the money is returned to the card (i.e. the account linked to the card) which the Customer carried out the purchase.
In order to check that the goods coincide with the order, the Customer may only handle and inspect the goods in the same way as normally do when trying and/or look at goods in a shop. In the event that the Customer has handled the goods to a greater extent than described above, the Customer may be charged for the reduction in value of the goods. Dear Sam applies a full reduction in value (i.e. the full value of the goods) if returned goods are not in a condition to be resold (as new goods).
Right to claim
Dear Sam will refund the Customer in compliance with applicable consumer protection legislation when a manufacturing fault has been verified. The Customer shall inspect the product carefully when it arrives. The right to file a complaint applies to products which are defective according to applicable consumer protection legislation. Any Customer who wishes to assert their right to file a complaint for any product ordered shall contact Dear Sam´s customer support, as soon as possible after the defect was discovered. Dear Sam reserves the right to refuse any complaint if the product, in compliance with applicable consumer protection legislation, proves not to be defective.
Once a product, for which a complaint has been filed, is returned and the complaint approved, Dear Sam will refund the Customer in compliance with applicable consumer protection legislation. Dear Sam will carry the cost for the return freight for any approved complaints regarding defect products.
Law and Jurisdiction
If a dispute arises between you and Dear Sam, we strongly encourage the Customer to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as alternatives to litigation.
When ordering products from Dear Sam, Swedish law will apply. Any dispute or claim arising out of or in connection with an order (including non-contractual disputes or claims) must be resolved by a court located in Sweden and will be subject to the exclusive jurisdiction of the courts of Sweden.
Confidentiality & security
All personal data processing takes place in accordance with the Data Protection Regulation (also known as the GDPR under the EU General Data Protection Regulation). The entity responsible for the personal data is Dear Sam. Dear Sam works with Klarna, a world-leading payment provider, to always ensure secure payments. Klarna will collect personal information in connection with the payment. Klarna is thus personally responsible for such personal data under the terms of Klarna.
By accepting the Terms and Conditions of Dear Sam at the time of purchase, The Customer agrees that the information about the Customer being stored in order to process the Customers order and complete the purchase, facilitate future purchases and to enable an update of the Customers order status. The Customer further agrees to enable targeted marketing from Dear Sam, or Dear Sam's partners, by email, text or any other channels based on the Customer's previous purchase or previous use of Dear Sams marketing channels.
Dear Sam will share the personal data with our freight partners as well as our third party logistics providers in order to complete and deliver the order.
When the Customer chooses to email us, the Customer's email address and email history will be saved to enable follow up and correspondence to a certain case.
We only save personal information as long as necessary, thereafter it will be deleted. If the information would be incomplete, incorrect or irrelevant, the Customer is entitled to request that the information be corrected or deleted. The Customer can also withdraw the consent to get offers at any time.
The Customer can request an excerpt of what information Dear Sam has registered about the Customer. To request registry excerpt or correction of data, send a written and signed request to:
Dear Sam Europe AB
113 36 Stockholm
All attempted fraud is reported to the police.
Age limits for ordering
The Customer must be minimum 18 years old for purchasing at Dear Sam. Dear Sam reserves the right to deny or change a Customer’s order if the Customer has provided incorrect personal data and/or has any record for non-payment of debt.
Campaigns and special offers
In the case of campaigns and special offers, a campaign code may be allocated. This is specified in the "Specify value code" field on the checkout page at the time of the order. The campaign code is unique for the specific campaign in question and cannot be combined with other offers. Campaigns apply up to the specified date or as long as stocks last. Only 1 campaign/campaign code can be used per order. Dearsam reserves the right, at any time, to withdraw such special offers. Upon termination or withdrawal of a special offer, these General Terms and Conditions shall apply without any amendments. Any offers on specific products on the Website are valid only for a limited period of time and/or until products are sold out.
The Customer can choose at the checkout whether to take advantage of any exclusive offers that may occur. These offers can be issued in different channels, for example email or text message. The Customer can choose to de-register from these mailings in each channel at any time.
Dear Sam may provide links to other websites beyond the control of Dear Sam and websites beyond the control of Dear Sam may provide links to the Website. Even if Dear Sam tries to ensure to only provide links to websites which apply similar personal data- and security provisions pursuant to Dear Sam´s Confidentiality & Security policy, Dear Sam is not responsible for any protection or confidentiality of information or personal data which the Customer provides on other websites. The Customer should be cautious and read the personal data provisions applicable to the actual website.
Sales tax & customs
All prices at the Website are presented in USD and do not include payment- and shipping fees, which are given separately on the checkout page. Depending on the destination given by the Customer, an order may be subject to additional charges such as sales tax, customs & duty charges. Dear Sam does not have any responsibility if such additional charges may apply. If you are interested in making a purchase for a company (B2B purchase), please contact our customer support before ordering.
If any provision of this General Terms and Condition is held to be invalid or unenforceable by any competent court, authority or arbitral tribunal, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law. Any provisions determined invalid or unenforceable will be substituted by relevant legal guidance and advice.’
Changes to the general conditions
Dear Sam reserves the right to change these General Terms and Conditions at all times. Any changes to these General Terms and Conditions will be posted on the Website. Changes will become valid once the Customer has accepted the General Conditions (when placing a new purchase or while browsing the Website), alternatively 25 days after Dear Sam has informed the Customer of the changes.
Dear Sam is not liable for delayed performance (including delivery and guarantee measures) caused by circumstances beyond Dear Sam's control. Examples of circumstances beyond Dear Sam's control include but are not limited to labour disputes, power failures, stroke of lightning, fire, atmospheric disturbances, enactment of laws, measures adopted by public authorities, acts of war, strikes or similar circumstances, any power failure, disruptions at the premises of those responsible for the Website hosting/servers where Dear Sam is located and/or delays due to networks connected to the internet, etc. If any such situation as described above should arise, Dear Sam shall inform the Customer accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and Dear Sam are entitled to terminate the purchase with immediate effect.