CUSTOMER TERMS OF SERVICE
(UPDATED 22 FEBRUARY, 2021)
THESE TERMS ARE ONLY AVAILABLE IN THE ENGLISH LANGUAGE.
Please also visit our Privacy Policy section for information explaining the information we collect and how we use it.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
This Customer Terms of Service agreement (“Customer TOS”) applies to you if you use www.naive.co (the “Site”) to purchase our products and services. This Customer TOS contains the terms and conditions of your access and use of the Site, as well as your purchases (collectively, our “Services”). By ticking the “I agree” or “I accept” box wherever we make it available, you agree to the terms and conditions in this Customer TOS. If you do not agree to this Customer TOS, your only option is to withdraw from purchasing on the Site.
The Site and our Services are provided under the company Bjornberry AB, located at Box 99 151 22 Södertälje, Sweden, with VAT number SE559186935801 and Registration number 559186-9358 (trading as “NAIVE” or “we” or “us” or “our”).
This Customer TOS contains: (i) the terms that govern your access and use of the Site, including the license grant and intellectual property; and (ii) the terms that govern the sale of our phone covers and any additional Personalized Services (described in section 7) requested by you.
1) SERVICE ELIGIBILITY AND ACCOUNTS
Our Services are open to people who are at least 18 years of age. If you open an account or purchase on the Site, you confirm that you are at least 18 years of age. If you are under 18 years of age, you may only order from us with the help of at least a parent or legal guardian. We reserve the right to terminate your use of our Services if we find out you violate this paragraph.
If you open a user account on the Site, you warrant that any data you provide to us during registration is accurate, up-to-date, and complete and that you are not impersonating or using someone else’s details (you may attach your shipping address, payment method data, and other relevant data to your user account). You also confirm that you will update your data (via your profile or by contacting us) when necessary. NAIVE will not be liable to you for any issues or losses you may suffer due to any inaccuracies in your profile information.
You are responsible for the activities under your user account and keeping your account login data secure and confidential. If your account is compromised due to your negligence, NAIVE will not be liable to you for any loss encountered from such compromise. You are advised to immediately reach out to us via hello@naive.co if you believe a third party has access to your user account. We reserve the right to refuse your registration request or terminate your account if we believe in any way that your account or your use of our Services violates this Customer TOS, your representations, or any applicable law.
If you decide to use the “guest checkout” when you order, you also warrant that all your data is accurate, including the email address, name, payment and billing data, etc. You hereby release us of all liabilities if your order gets lost due to any inaccuracies in your data.
2) ELECTRONIC CONTRACTIONS
When you purchase our products and use the Site, you may send us notices electronically, including via our email address and via the “contact us” section of the Site. NAIVE may also send you notices electronically, including via your email address, phone number (SMS), user account area, or the interfaces of the Site. For the sake of contract, you hereby agree that any message, notice, information, or communication passed to you via our email address, this Customer TOS (and other applicable terms and policies), and anywhere on the Site will satisfy any legal requirement unless applicable law requires other forms of communication.
3) INTELLECTUAL PROPERTY RIGHTS
The content on the Site, including the product images, videos, texts, audios, source codes, graphics, and other materials (our “Content”) belong to NAIVE and partners. The Site and our Content are provided on an “as is” basis only for your information and personal use. We do not give you the permission to copy, aggregate, reproduce, sell, transmit, distribute, advertise, rent, display, or exploit any of our Content for purposes not described under this Customer TOS without our written permission.
In addition to the foregoing, our logos, graphics, button icons, footer, service names, and designs are NAIVE’s registered trademark and trade dress. They are subject to intellectual property rights in Sweden and the European Union (“EU”). NAIVE gives no permission to use our trademark in conjunction with any service or product in any way that is likely to bring confusion. This means that no editing, copying, or using our trademark or trade dress is permitted unless such permission is given in writing.
4) OUR LICENSE TO YOU TO ACCESS THE SITE
Subject to your compliance with this Customer TOS and other applicable terms and policies on the Site, NAIVE hereby grants you a limited, non-transferable, non-exclusive, non-sublicensable license to access the Site and use it for your personal and non-commercial use.
This license granted to you does not include the resale of our products or any of the Content, as well as the copying of our product descriptions, product images, or prices. This license does not also include the use of software, such as robots, data miners, or similar data-gathering and extraction tools.
We reserve the rights not granted to you hereunder. We do not permit you to duplicate, copy, sell, reproduce, or use any of our Content, trademark, or trade dress for any commercial endeavors without our written approval.
5) THIRD-PARTY LINKS
Certain pages and areas on the Site may contain links that lead to third-party platforms. Where applicable, these links are included for reference purposes only, and NAIVE does not control the activities of the third-party companies these links lead to. If you use the services or products of any third-party through the links posted on the Site, you do so at your own volition and will bear any risk associated with it. We advise that you read the terms of service and policies of any third-party before using their services.
6) PRIVACY POLICY
NAIVE cares about your privacy. When you use the Site or purchase through it, we collect certain personal and non-personal data (provided by you or collected by us automatically through cookies, pixels, and third-party tools), including your payment method data, shipping address, contact details, and device browser details. We use all this data to provide our Services, including to process your orders, contact you, deliver your purchases, and personalize the Site and improve your user experience. Our Privacy Policy documents the method of data collection, the use of data, the security of data, the disclosures of your data, and other activities described therein. Please, read and understand our privacy policy and consent to it.
7) PERSONALIZED SERVICES
NAIVE provides you with the ability to customize certain products to your preference, including adding texts, photos, artworks, designs, and images (“Personalized Services”). By sharing your content with us for our Personalized Services, you represent and warrant that your content does not infringe on any third-party’s copyright or go against any applicable law, regulation, statute, or rule. NAIVE reserves the right to approve or reject your offer to use our Personalized Services, including if we believe the content infringes on a third-party’s right or violates any applicable law, regulation, statute, or rule.
By using our Personalized Services, you hereby acknowledge that the product will be made according to your preference and may not be resold if you initiate your right of withdrawal or the 30-day cancellation and refund policy. Unless we say otherwise, there will be no form of cancellation or refunds for any product personalized to your preference unless there is an error or mistake caused by us.
8) ORDER CONTRACT
When you place an order on the Site, you are offering to purchase our product (as stated in the order email sent to your email address). The email notice you receive regarding your order is a confirmation that we have received your offer and does not indicate our acceptance of your offer. Your offer will be accepted if you receive a second email indicating that your payment method has been charged, order processed, or that your order has been shipped.
You are to review the order confirmation notice sent to your email address before we send the order shipment notice to ensure the items listed match your order. You have the right to cancel such an order without issues before we send it out for shipping. If your order is dispatched, you may not be able to cancel unless you exercise your right of withdrawal (explained below). The right of withdrawal does not apply to any product personalized to your requirements.
We will provide you with an invoice that itemizes the items in your order, the shipping fee, and the prices paid for such items. An invoice will be provided to you via your email address and/or your account area (if you have an account with us).
9) RIGHT OF WITHDRAWAL
For orders within the EU, you can cancel your order and withdraw from the contract within 14 days of starting from the date of delivery of your order (or the last item in your order). If you wish to exercise this right of cancelation and withdrawal, you must inform us of your intention to withdrawal via our email address at hello@naive.co. To learn more about your right of withdrawal, including how to exercise this right, the effects, conditions, and exceptions, please review our Return Policy.
10) 30-DAY RETURN POLICY
Aside from the right of withdrawal applicable to EU customers above, all purchases made on the Site can be canceled and returned within 30 days of delivery. The products must be unused, unopened, and in their original packaging for this return to be valid. Moreover, this 30-day return does not apply to our Personalized Services (unless there is a mistake on our part). To learn more about our return and refunds, including how to initiate a return, please review our Return Policy.
11)PRODUCT PRICES, AVAILABILITY, AND ERRORS
The products available on the Site are listed at their original prices in Euro, SEK, or USD with VAT inclusive (depending on if you are using the Site from the EU, Sweden, or other parts of the world). If you purchase our product from outside the EU, you may be subject to VAT and customs duties (described in section 14 below). Prices are exclusive of shipping and other handling fees. The shipping and handling fees will be calculated and displayed to you on the order checkout page. The total amount to be paid in relation to your order is the Total Order amount displayed at checkout. NAIVE reserves the right to change the prices of its products at any time without liability.
Products are subject to availability. If a product is unavailable, it will be communicated to you via the product page or any applicable place on the Site.
We ensure the Site and our Content, including the product descriptions, prices, and videos, are accurate as possible; however, there may be errors, omissions, and mistakes at any time. We reserve the right to check our price catalog and correct any errors or omissions in our pricing at any time, even after we have issued an order confirmation email. At that point, you will have the option to pay the updated price or cancel the order.
12) PAYMENT, SHIPPING, AND DELIVERY.
We accept payments via any Klarna accepted credit cards and PayPal. By submitting your payment method, you warrant that you have the authority to use it and that sufficient funds are available in your balance. Your payment method details will be used to process your payment by our payment processors (Klarna and PayPal).
Once your payment method is charged, we will process and ship your order within 24 hours. You must submit an accurate shipping address on the billing page. NAIVE will not be liable for any loss as a result of any incorrect information in your shipping address.
The estimated delivery date of your order is provided on the order checkout page and in the invoice we send to your email address. The delivery depends on the distance of your shipping address. The estimated delivery is merely an estimate and may sometimes not be accurate due to factors such as the effect of COVID-19, holidays, and unforeseen situations. Please, see our Shipping Policy for more information regarding the shipping and delivery of your orders.
13) PRODUCT WARRANTY
All products on the Site come with a 3-year warranty (for Swedish customers) and a 2-year warranty (for other EU countries). If you find out that the items you purchased do not conform to any legal guarantee based on the product description and images available on the Site, you have a right to return them to us for replacement, reduction in purchase price, or a refund. You must communicate any defect in warranty within 2 months you discovered it. This warranty does not apply to defects or damages that occur as a result of abuse, incorrect use, modification, negligence, tampering, or accident from the customer, or any event caused by normal wear and tear.
This warranty applies only to purchases made on the Site. All other warranties not included by NAIVE on the Site in relation to the products are hereby disclaimed.
14) CUSTOMS AND TAXES
If you order our products from outside the EU, your order may be subject to customs and taxes imposed by the government of your country, which are payable upon the product reaching your country. NAIVE does not have any control over such charges and are excluded from such liabilities. Customers using our Services are advised to find out from their government about these taxes before purchasing through the Site.
15) LIABILITY
To the extent permitted by law, NAIVE will not be liable to you for:
- any loss suffered as a result of your negligence or any incorrect information provided to us;
- any loss or damages that were not foreseeable when you made your purchase on the Site;
- any delay or failure to deliver your order due to circumstances beyond our reasonable control, including without limitation, COVID-19, riots, wars, government actions, and acts of God;
- any loss or damages caused as a result of your use of our product in a manner that is not described by us; and
- any error or omission and unavailability of the Site.
Our liability shall apply to any willful misconduct on gross negligence, which we will be liable for any foreseeable damage at the time the contract is concluded.
Some countries’ laws do not permit some or all of the above limitations. If these laws apply to you, some or all of the limitations above may not apply to you, and you may have added rights.
16) INDEMNIFICATION
You hereby agree to indemnify and hold NAIVE (its partners, employees, licensors, directors, suppliers, and agents) harmless from and against any claims, liabilities, expenses, demands, issues, or disputes that may arise as a result of your use of our Services, your representation and warranties, violation of a third-party’s copyright or other intellectual property rights, or your violation of this Customer TOS or any applicable law, statute, regulation, or rule.
17) GOVERNING LAW AND DISPUTE RESOLUTION
This Customer TOS and its interpretation are governed and construed in accordance with the laws of Sweden and applicable EU law. For any dispute not resolved informally between you and NAIVE, you may submit your complaint to the Online Dispute Resolution available at http://ec.europa.eu/odr to have it settled by arbitration. You may also send your claims to the General Complaints Board via its website at www.arn.se or postal address at ARN, Box 1174, 101 23 Stockholm
18) COPYRIGHT INFRINGEMENT CLAIMS
NAIVE respects others’ copyright and other intellectual property rights, and we expect our users to do the same, too. We respond to copyright and other intellectual property claims. If you believe your content has been infringed without authorization, you may reach out to us via hello@naive.co with the details of the content and the link on the Site, as well as proof of ownership.
19) CHANGES TO THIS CUSTOMER TOS
This Customer TOS or portions of it may be reviewed, updated, or changed without liability. We may change portions of this Customer TOS for reasons such as changes in our Services or applicable laws. When we change portions of this Customer TOS, we may or may not notify you via your email address or any area on the Site. Nevertheless, we will post the changes on this page and indicate them by changing the Effective Date above. You are required to review this page frequently to be updated about this Customer TOS. Your continued use of the Site after any changes to this Customer TOS constitutes your acceptance of the changes made.
20) ENTIRE AGREEMENT
This Customer TOS represents the entire agreement between you and NAIVE in relation to your use of our Services. This Customer TOS supersedes all contemporaneous agreements and understandings (whether oral or written) that may have existed between you and NAIVE in relation to the Site and our Services.
21) WAIVER
No waiver under this Customer TOS shall be binding unless it’s in writing. NAIVE’s failure or delay to enforce a right or provision under this Customer TOS shall not serve as a waiver of its right to enforce such right or provision at a later date or on subsequent violations.
22) SEVERABILITY
If any parts of this Customer TOS are found to be unenforceable, such parts shall be removed (or edited to be enforceable) and it shall not affect the enforceability of the remaining valid parts.
23) CONTACT US
If you have any questions, concerns, issues, complaints, feedback, or suggestion regarding this Customer TOS and our Services, please reach out to us via our email address at hello@naive.co or use the company information below:
Bjornberry AB
Box 99
151 22 Södertälje
Sweden
VAT registration number: SE559186935801
Registration number: 559186-9358