Kitchenware Service Terms and Conditions

Effective date 30.03.2021

Welcome to the Kitchenware Service! Get kitchenware delivered to you for a flat monthly fee. From tableware to cookware to cutlery – you’ll find everything you need under your roof right here under ours. Select a suitable set of tableware, cutlery, drinking glasses or cookware from Iittala, Arabia, Fiskars and Hackman beloved series. The selected set is delivered free of charge to the given address. The flat monthly fee for the use is invoiced once a month from payment card provided. The contract period is the minimum of 12 months, after which you can redeem the products or return it to Arabia and Iittala Store or Outlet. Without closing the contract, it continues automatically until 24months. Kitchenware Service is described in detail on the Website.

The operator of the Kitchenware Service (the “Service”) is Fiskars Finland Oy Ab, Hämeentie 135A, 00560 Helsinki, Finland, registered in the Finnish trade register under number 1903608-9. Fiskars Finland Oy Ab is the party renting and/or selling the products offered as a part of, and in connection with, the Service, (hereinafter referred to as the “Products”) and operating the website astiapalvelu.arabia.fi (the “Website”) on which the users wishing to use the Service may subscribe to the Service.

1. Applicability and acceptance of the Terms

BY SIGNING UP OR REGISTERING TO THE SERVICE ON THE WEBSITE AND CHECKING THE TERMS ACCEPTANCE TICK BOX IN CONNECTION WITH THE SIGN-UP PROCESS, YOU AGREE TO BE BOUND AND ACCEPT THESE TERMS.

These terms and conditions together with our Privacy policy, our Cookie policy and any additional terms and information that may be provided to you for ordering Products (collectively the “Terms”) are applicable to the Service and all orders and transactions for Products offered at the Website.

Any notices, disclosures, agreements and other communications relating to your use of the Website will be provided to you electronically. By accepting these Terms, you agree that such communications satisfy any legal requirement for communications to be in writing.

These Terms do not affect (and should not be read to affect) your statutory rights, which cannot be waived or limited by contract. These Terms constitute an agreement between the user of the Service (the “user”, “you” or “your” as the context may require) and Fiskars Finland Oy Ab, including its affiliates and suppliers (collectively “Fiskars”, “we” or “us” as the context may require).

2. Service and subscription

2.1. Kitchenware Service

In connection with the Service, you may order a set of Products presented on the Website for your use. At this point, you will not own the Products, but you will instead pay a monthly service fee for your use of the Products. After one year from receiving the ordered Products, you may decide to purchase the Products with the price shown in the e-mail and on the Website during the time you ordered the Products. Alternatively, you may return the Products to a store mentioned on the Website and no additional charge will be payable by you. In case you decide to return the Products after the first year, you will not receive any refund of the service fees you have paid for the Service during the year. Service and the contract continue automatically until 24 months from receiving the ordered Products unless you choose to purchase the Products or return Products to the stores mentioned.

Please note that in order to subscribe to the Service, you will need to order Products simultaneously. You can place a new order earlies after 3 months of the previous delivery of the Service and Products.

2.2. Subscription to the Service You can subscribe to the Service by placing an order for Products at the Website, if you satisfy the conditions below:

• you are at least 18 years of age;
• you are the owner or authorized holder of a valid debit/credit card to pay for your subscription to the Service;
• you provide a postal address in Finland to which the ordered Products may be shipped and agree not to export the Products outside of Finland during the initial subscription period of one year; and
• you agree to provide your real name and truthful and complete address, phone number, email address, payment details and other required information.

The presentation of the Products or the descriptions of the Service on the Website do not represent a binding offer by Fiskars but a request to the user to submit a binding offer. Therefore, you agree that your subscription to the Service, and the order made simultaneously, is an offer to order the Products for your use, and that such offer shall be governed by these Terms. In addition, you agree that all orders and offers must be accepted by Fiskars before any Products are shipped or delivered. We may choose not to accept orders or offers for any reason or no reason.

Once you have completed the subscription process, you will receive an email from us with the details of the Products you have ordered, including a confirmation of the subscription. No contract will be entered into between Fiskars and you before we have sent you the confirmation email which also confirms that your subscription to the Service has been accepted by Fiskars. If you wish to cancel your subscription after receiving the above mentioned confirmation email, please see section 6 of these Terms.

As our Product range is being constantly developed, Fiskars does not guarantee the availability of any Product advertised on the Website. Fiskars reserves the right, without liability or earlier notice to change, discontinue or make certain Product unavailable.

Fiskars retains a right to cancel your order/subscription in whole or in part for any reason or no reason. In this case our customer service will be in touch with you and returns possible charge for you as soon as possible. If you already have an existing subscription and its payments are due or you have track record of canceled orders for the same reason, Fiskars retains rights to cancel or not to approve your other orders without separate announcement.

3. Myiittala membership, registration and termination

The Service is offered solely for Myiittala customers. When registering or subscribing to the Service on the Website, Myiittala membership will be simultaneously created for you. You will receive Myiittala account details, including a username and a password. If you are already Myiittala member, you can sign in using your existing username and password. In order to register to the Service, you will need to provide Fiskars with certain personal data and other information. We may verify the validity of the email address that you have provided. You agree to provide truthful and complete information when you register and keep it updated. The information provided to Fiskars in connection with the registration shall be processed in accordance with the Fiskars Privacy Policy.

You shall be responsible for the secure retention and use of your user name and password and shall be responsible for all actions performed using your personal user account and user details. You agree to notify Fiskars immediately in the event of any loss of your user name and/or password, or if these come to the knowledge of a third party, and of all unauthorized use of your user space and other breaches of data security.

You may terminate your Myiittala membership at any time by contacting our Customer Service by email at kuluttajapalvelu.suomi@fiskars.com or by post sent to Fiskars Finland Oy Ab / Web store Customer Service, P.O. Box 130, 00561 Helsinki, Finland. When contacting us please indicate your name and home address so that we can identify you correctly. Please note that termination of your Myiittala membership may affect the provision of the Service and your right to use the Products. As your subscription to the Service is connected to your Myiittala membership, you may not terminate your Myiittala membership during the subscription period, i.e. your Myiittala membership may not be terminated during the period of one year from your subscription.

In addition to the terms set out herein, Myiittala’s terms of service, available here, shall apply to your Myiittala membership.

4. Prices and payment

4.1. Prices and other charges

Except where indicated otherwise, the prices displayed for the Service on the Website represent the full price for the Service itself in effect at the time of your subscription. The price for purchasing the Products after the end of your subscription period are shown on the Website. These prices include value-added tax and other applicable taxes. The prices shown on the website include the delivery of the Products. The prices shown on the Website are applicable only to the Service, and Fiskars does not guarantee the same prices in Fiskars’s other stores or when purchasing the Products from a webstore. Fiskars reserves the right to change prices for new subscriptions and orders, as well as the terms of payment at any time without notice. These changes will not affect subscriptions already made or orders already placed.

Please note! The Service is solely available in Finland and the Products are shipped only to Finland.

4.2. Methods of payment

The accepted payment methods for the Service and for the Products ordered in connection with the Service are set out on the Website. When placing your order, you will have to provide your payment card details. Your payment card will be charged immediately when your order is placed. If the charge cannot be made, Fiskars has rights to cancel your subscription immediately without further notice.

We use third party payment service providers to process your payment. Please note that any personal data processing by third party provider shall be governed by such third-party provider’s own terms and conditions and privacy policy. Fiskars does not store credit card information.

Fiskars retains full legal title of ownership to the Products until the end of the subscription period, after which you may purchase the Products.

Please note that all payments made in connection with the Service are non-refundable, except when you use your right to withdraw your order within the withdrawal period in accordance with section 6 of these terms, or when you wish to return a defected Product or in case you otherwise have a right to claim a refund pursuant to mandatory applicable laws.

5. Deliveries

The ordered Products will be delivered to the user in accordance with the delivery terms described below. Please notice that we do not deliver any order if the first payment has not been made.

5.1. Delivery terms

The Products ordered as a part of the Service will be delivered to the delivery address you have submitted.

The estimated delivery time is six to eight (6-8) days under normal circumstances, depending on the season and availability of the Product. Deliveries are made only to postal addresses in Finland. We aim to deliver the Product you have ordered to you on time; however, there may be circumstances where we cannot ship your order on time to meet the target dates. In addition, Fiskars cannot be held responsible for delay or failure to perform, if the delay or failure to perform is caused by circumstances beyond its reasonable control (i.e. force majeure). However, if for any reason beyond our control we cannot deliver your order within thirty (30) days of your placing it, we will inform you as soon as possible and you will be entitled to a full refund to the method of payment used by you.

5.2. Receiving the Products

We encourage you to examine the delivery package and received Products within a reasonable period of time after delivery and check that the delivered order is complete and that the Products are in good condition. In case the Products have been damaged in transportation or the delivery is incomplete, please contact us astiapalvelu@fiskars.com.

6. Returns and refunds

6.1. Returns and refunds in accordance with Distance Selling Provisions

If you would like to return the product during the statutory exchange and return period, please contact our customer service by email: astiapalvelu@fiskars.com.

For all Products ordered from Website as a part of the Service, you have a right of return and refund during a period of fourteen (14) days from delivery date (so called “withdrawal period”). In case you want to return a Product during such withdrawal period, please contact our Customer Service by email at astiapalvelu@fiskars.com clearly indicating that you wish to withdraw from the contract. Please also indicate your name and the products you wish to return, as well as the order number and date. For that purpose, you can also download and fill in the withdrawal form and then attach it to your email. If you have any questions you can contact our astiapalvelu@fiskar.com. Note that all withdrawal requests must be sent to us in writing either by email at astiapalvelu@fiskars.com or by letter sent by post to Fiskars Finland, Web store Customer Service, P.O. Box 130, 00561 Helsinki, Finland and must contain the information listed above necessary for processing your request.

Once we have received your notice of cancellation, we will proceed with the refund of the service fees you have already paid and delivery cost paid for the returned Products, which you shall receive within fourteen (14) days from your notice of cancellation. You must return the products to us at our cost without undue delay (see return and refund process below). Note that prior to sending us any Products, you will need a return code given to you by our Customer Service to be added in your package.

6.2. Returns of defective Products and returns due to faulty deliveries

If the Product(s) delivered to you were damaged in transportation, otherwise defective or are not the items you ordered, please contact our Customer Service by email at astiapalvelu@fiskars.com. When the Products have been damaged in transportation, are otherwise defective or are not the items you ordered, our Customer Service will arrange for the replacement or refund of such Product(s). In case of replacement, the original items will be replaced by identical new ones which shall be shipped to the same delivery address as the original ones. Replacements are only possible if we have the items in stock, in other cases you will receive a refund of the service fees that you have already paid. Note that original delivery costs will be refunded provided you return to us the whole shipment. In other cases, refund will only be made if required by the respective applicable law.

We recommend that you carefully retain the order confirmation email received at the time of the order, as this document also serves as a certificate of the purchase date. Other conditions or terms concerning the transaction that might be based on statutory rights or laws applicable in the country or state where you purchased the ordered items (including without limitation any implied condition as to quality, fitness for purpose, reasonable care and skill) are hereby excluded to the maximum extent permitted by law.

6.3. Replacing Products

During the Subscription Period, you will be entitled to use our exchange program if any of the Products is accidentally broken while you are using the Product. In this case, you need to return the broken Product to an Arabia or Iittala store in order to receive a new Product. The list of Arabia and Iittala stores is available at the Website.

6.4. Return and refund process

Our Customer Service will give you instructions for returns of Products ordered from the Website and will arrange for the return pick up from the address where the order was originally delivered. You are requested to prepare the Products for pick up in the original packaging and condition they were delivered to you. All labels that need to be attached to the packaging will be brought by our delivery partner when picking up your return package. Note that if returned Products are not returned in original shape and packaging or not packed carefully according to given instructions, we may refuse a replacement or withhold part of the refund. Costs of the return dispatch will be paid by us unless otherwise stated in these Terms.

Fiskars will confirm to you by email when your replacement order has been shipped or when your refund has been made, as applicable. All refunds will be made by crediting the payment card originally used for the original subscription to the Service.

7. Personal data

When subscribing to the Service, placing an order in connection with the Service, or creating a Myiittala account, you will need to provide, and Fiskar’s is required to process certain personal data of you. The processing and use of your personal data is governed by Fiskars’ Privacy policy.

8. Amendments and rights of use

Fiskars reserves the right, at its own discretion, to amend and modify these Terms, in whole or in part, at any time, with or without notice. All amendments to these Terms shall take effect on the date indicated as “effective date” at the top of these Terms. Any use of the Website following changes to the Terms shall constitute acceptance of the said changes.

Fiskars shall also have the right, without notice and without liability for compensation, to restrict or withdraw access to Website, remove elements from Website from use or restrict the use of certain functions and services of Website, in whole or in part.

9. Subscription period and termination

The subscription to the Service shall commence when you start using the Service and order Products from the Service. The subscription shall be in force for a period of one (1) year. After first (1) year, you can terminate the agreement by deciding whether you wish to purchase the Products or return the Products to Arabia or Iittala stores. Otherwise Service and the agreement continues until two (2) years and the agreement will terminate automatically.

When terminating the agreement, you may decide whether you wish to purchase the Products with the price set out on the Website at the time you ordered the Products, as well as in the e-mail you received.

If you do not wish to purchase the Products that you have used during the subscription to the Service, you are required to return the Products to Arabia or Iittala’s store. When you return the Products, you can simultaneously terminate this agreement in the relevant store.

If you wish to purchase the Products at the end of the subscription period, you can terminate this agreement by contacting our customer service, after which you will receive an invoice for the purchase of the Products.

Please note that you cannot terminate your subscription to the Service during the period of one (1) year after subscribing to the Service by ordering the Products.

10. Limitation of liability

All content and information offered on the Website is offered “as is”. Fiskars aims at providing at Website accurate, comprehensive and up to date information on Service and Products. However, we recommend that you carefully read and follow the specific product information and instructions of use provided together with the Products.

To the extent permitted by the applicable law, Fiskars offers no guarantee as to the reliability of any advice, opinion, statement, or other information that appears on the Website or that may be shared through the Website. Fiskars shall likewise not be liable for any errors, inaccuracies, deficiencies or other defects, delays or lack of correctness of the information contained on the Website.

To the extent permitted by the applicable law, Fiskars offers no guarantees and accepts no liability, including guarantees and liabilities in respect of commercial utility or suitability of the Products for your particular purpose, or guarantees concerning the functioning of the Website or of its content.

Fiskars shall not be liable for the provision and accuracy of Product and sales information about the Products outside of the Website.

Fiskars shall not be liable for any direct, indirect, immediate or consequential damage or special damage, or for such damage based on tort liability (including damage arising from loss of business, contract, product or information or from interruption of business operations), arising from use of the Website or of the contents thereof, or from prevention of the said use, or from these Terms, or the use of the Service, regardless of whether the said damage is based on an agreement, infringement of rights or other grounds.

However, the limitations of liability set out above shall not apply in case of: (a) an intentional or grossly negligent breach of duties by the Fiskars or its legal representatives; (b) damages caused by injuries to life, body, or health; and (c) any potential liability according to the respective applicable product liability legislation.

11. Validity

If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision shall be enforced to the largest extent permitted by respective applicable law. This shall not affect or impair the validity, legality and enforceability of the remaining provisions.

12. Applicable law and place of jurisdiction

These Terms shall be governed and construed in accordance with Finnish law. Helsinki, Finland shall be the place of jurisdiction for all disputes arising out of or in connection with these Terms. However, if you are a consumer and your domicile is not in Finland, the determination of the place of jurisdiction may be subject to the statutory provisions of the country or state in which you maintain your permanent residence. Mandatory provisions of the country or state where you maintain your permanent residence at the time of conclusion of the contract remain unaffected by the aforementioned choice of law and place of jurisdiction clauses.

If a dispute cannot be resolved through negotiation between the parties, the consumer may also submit the matter to the Consumer Disputes Board for resolution.

Before taking the matter to the Consumer Disputes Board, the consumer should contact the Local Register Offices’ Consumer Advisory Service.

13. Customer Service

Our Customer Service will assist you with any questions relating to your orders at Website. You can contact our Customer Service by email at astiapalvelu@fiskars.com, by post sent to Fiskars Finland Oy Ab, Web Store Customer Service, P.O. Box 130, 00561 Helsinki, Finland, For more information regarding our Customer Service, please click here.