The Everys General Terms and Conditions

Information on The Every

These general terms and conditions (the "Terms") apply to all subscription orders customers ("You") make with The Every AB (org.nr 559310-6189) ("The Every", "we", "our" or "us") on the-every.com.

Contact details

You can always contact us by email at help@the-every.com or via social media (@theeveryofficial) ("Contact Information").

Definitions

  • "Website" means The Everys website https://the-every.com.
  • "Features" means the Website, your Account, your Subscription and the Products together.

  • "Account" means the account you register and create via the Website.
  • "Contact details" refers to the information provided above.
  • "Privacy Policy" means our Privacy Policy(https://the-every.com/privacy-policy-2/) which describes how we process personal data.
  • "Products" means the products described in the "Products" section below that we make available through the Website, together with related equipment, services and information that we provide to you.

  • "Subscription" means the subscription service available on the Website.

Acceptance of the Terms and Conditions

By ordering Products and/or registering a Subscription, you confirm that you have read, understood and agree to the Terms. If you do not agree to the Terms, you cannot create an Account or Subscription and you cannot order Products. The contract becomes binding once the payment of your order is completed.

Amendment of the Conditions

We reserve the right to change the Terms at any time. We will notify you by email of any such changes which are not insignificant and which will affect you. We will then inform you that it is important to object if you do not agree to the changes. If we do not receive such an objection within thirty (30) calendar days of the notification of the changes, we will assume that you accept them. We will also assume that you accept the changes where you enter into a contract with us, for example by continuing to order Products, after the new Terms have taken effect. The latest version of the Terms will be available on the Website.

Customers

We offer our Products to consumers (as defined under national law).

You may not purchase the Products or use the Features if you are under eighteen (18) years of age, unless authorized by your legal guardian.

You can only order a subscription to a delivery address in the countries indicated on the Website.

We reserve the right to refrain from entering into a contract with you without giving reasons for this decision.

Products and services

Our main product offering is hair care products and complementary accessories ("Products", each a "Product"), available for one-off delivery and on subscription in accordance with the terms of the Subscription Service. More detailed information about our Products can be found on the Website.

All content on the Website is intended for private knowledge or information purposes. Descriptions of ingredients, shelf life, and other provisions are set out on the Website.

All Products must be used in accordance with the instructions, precautions and guidelines set out on the Website. It is your responsibility to ensure that the Product does not contain substances to which you are allergic.

All Products on the Website, including any samples we provide, are for personal use only. Unless otherwise stated, we reserve the right to substitute, discontinue or change any Products we offer for sale without prior notice to you, the customer.

Create an account

To access the Products, you need to create an Account. An Account is created automatically when you order Products for the first time (via the Subscription Service), and can also be created without registering a Subscription. You are not allowed to transfer the Account to others and you may only register one (1) Account.

Description of subscription

When you order a subscription, you are entering into a subscription agreement for Products provided by The Every. The subscription is offered with different delivery frequencies. The subscription options available on the website may change from time to time. Your subscription frequency or upcoming delivery date can be changed at any time from your account.

You can change your subscription model and/or unsubscribe by making adjustments in your account or by contacting us via our Contact Information. Any changes must be made at least 48 hours before the next order of Products is processed. If the Subscription has not been canceled or changed in time, it will be automatically renewed.

Products are ordered in accordance with the instructions on the Website.

We will confirm your order when we send you an email, which means that we have accepted your order and that a contract will be established between you and us. If we are unable to confirm your order, we will inform you of this in writing and will not charge you anything. You may withdraw your order until it has been confirmed, and you will be entitled to a refund of any payments made to us in respect of such a withdrawn order.

Delivery of the products

The fact that Products are available on the Website at a certain time does not mean that these Products will be available at all times. Approximate delivery times can be found on the Website. During periods of peak demand on our supply chain, delivery may take longer. During the ordering process, we will notify you when your order has been received and when the Products have been shipped, including any merchandise or digital content associated with them. The Every is responsible for the Product until you, the customer, have physically received the Product. Further information about automated subscription orders can be found in your account.

Delivery is made through a postal service selected by The Every .

Some shipping options may involve a shipping cost, which in such cases is clearly indicated when ordering. The expected delivery time is indicated during the ordering process.

We are entitled to charge you for costs incurred if you do not collect your ordered products on time from the collection point after transportation of the products.

If a Product is out of stock, we reserve the right not to deliver the Product within the stated delivery time or to cancel the order. If you have already ordered the out-of-stock Product, we will offer you a refund.

Your obligations

When using the Features, you must comply at all times with applicable laws, regulations and government directives. In particular, you must not use the Website other than through the interfaces provided by us and expressly permitted by the Terms. You may not use the Features in any way that violates our, or any third party's, rights or interests. You agree to comply with all instructions and recommendations provided to you by us from time to time.

You agree to be responsible for all activities that occur on your Account.

Your Account credentials must be kept secure at all times and you are prohibited from sharing information about your Account with any third party. If you suspect that your Account or login details are being used by a third party, you should contact us immediately using the Contact Details.

If you provide incorrect, inaccurate, out-of-date or incomplete information when creating your Account, we have the right to refuse or modify your order and to close your Account. This also applies if you do not comply with these Terms (e.g. if you do not pay for Products on time) or other mandatory rules. Should such an event occur, we will contact you and request that you stop breaching these Terms.

Price and payment

You shall pay all applicable fees set out on the Website for the Products you have ordered. The prices for the Products are set out on the Website and include any expressly stated delivery charges, VAT or other duties and taxes (where applicable). The price of the Products is that indicated on the order pages when you place your order.

We have the right to change the prices of the Products and in these cases the prices indicated on the Website will apply. For orders placed before the price change, the prices indicated in the order confirmation for the specific order will apply. By continuing to order Products after the price change takes effect, you are bound by the new prices.

Payment details

You can pay for Products through the payment options offered on the Website at the time of your order.

Depending on the provider used for your payment, the terms and conditions of the third-party provider will apply. You may be asked to identify yourself and a credit check may be requested by the third-party provider. We do not have access to payment details nor do we store any such information where a third party provider is used for payment. 

You are obliged to keep all payment details, such as your email address, correct and up to date, which can be done on your Account.

You agree to pay within the set time for the payment method you choose. We have the right to close your account and/or stop the delivery of products until you have paid all charges incurred by you. Payment after the due date may incur late fees and interest according to the payment provider's terms. 

You agree that we may charge payments for automated subscription orders without further authorization until you cancel your subscription agreement.

Our responsibility

Our liability to you as a customer is governed by the Consumer Sales Act (1990:932), the Distance Contracts Act (2005:59) and the Product Liability Act (1992:18). To the extent permitted by applicable law, our liability is limited to direct damages and we shall in no event be liable for indirect, incidental, special, consequential or exemplary damages, howsoever caused and under any theory of liability arising out of or in connection with these terms and conditions. This shall include, but not be limited to, loss of profits, goodwill or business reputation, loss of data, costs of procurement of substitute goods or services or other intangible loss.

Guarantee

We are responsible for any defects that exist at the time you receive the products. We are not responsible for defects caused by you, for example if you have not followed the instructions or if you have not taken good care of the products.

Fel

The products are considered defective only in accordance with the applicable legislation, e.g. the Swedish Consumer Sales Act (1990:932) and the Product Liability Act (1992:18). For example, products are considered defective in the following cases:

  • It is not in accordance with what we have agreed in this Agreement or as otherwise required by applicable law.
  • We have not informed you of details about the Product that we know or should have known and that you could reasonably expect to be informed about, if this failure to inform can be assumed to have influenced your decision to purchase.

Complaints

If you consider the Products to be faulty, you can make a complaint by notifying us via our Contact Details. You must make a complaint within a reasonable time (two (2) months is always considered a reasonable time) from the time you noticed or should have noticed the defect. You cannot complain about defects discovered later than three (3) years from the date of purchase of the Products. If the claim is accepted, you will be refunded to the same payment method used at the time of purchase. It may take up to 10 working days for the refund to go through.

Your rights in case of defects in the Products

In case of error, you have the right to:

  • Withhold payment for an amount sufficient to secure your claim.
  • Request a new delivery, which means that you will receive other corresponding Products.
  • Terminate the contract, provided that the fault is of material importance to you. We may first choose to provide you with other equivalent Products, provided this is done within a reasonable time.

We reserve the right to any errors on the Website, such as product descriptions, specifications, incorrect prices, stock balances or other incorrect information. We reserve the right to correct obvious errors and to change or update the information on the Website accordingly at any time.

Images or other visual elements on the Website are for illustration purposes only and we do not guarantee the exact quantity shown or the exact appearance, origin or function of the products. Please refer to the order confirmation for the exact product quantity of your ordered product(s).

Delay 

Sometimes we cannot deliver the Products within the agreed time. In the event of a significant delay, you may (provided the delay is significant and not caused by you):

  • Withhold payment or request a refund.
  • Terminate the contract.

Third party services

From time to time, we use the services and/or products of third-party suppliers. These suppliers act outside our control and we are not liable for any damages caused due to an act or omission attributable to such supplier.

Errors and delays beyond our control (force majeure)

We are not responsible for delays and errors beyond our control. If our suppliers are delayed due to an event outside our control, we will notify you as soon as possible and take steps to minimize the damage of the delay. If we have complied with this, we will not be liable for errors and delays caused by the event, but if there is a risk of a material error or delay occurring, you can contact us to end the contract and get a refund for the part of the Products you have paid for but not received.

Right of withdrawal

According to the Act on Distance Contracts and Contracts Outside Business Premises (Distance Contracts Act), you have a right of withdrawal for fourteen (14) days, starting from the day you received the Products. You also have the right to cancel in the case of a change to the Subscription model.

To exercise your right of withdrawal, you must inform us that you are withdrawing from the purchase by submitting a clear, written message to this effect via our Contact Details. If you do not wish to contact us directly via our Contact Details, you have the possibility to use the return form which you can find here: Swedish Consumer Agency standard form.

To meet the withdrawal deadline, you only need to send your written notice of withdrawal before the withdrawal period has expired.

If you are a consumer and you wish to exercise your right of withdrawal, we will refund any payments we have received from you, provided that the Products are returned in unchanged condition without undue delay and at the latest within fourteen (14) days from the date we received your notice of withdrawal. For reasons of hygiene, the right of withdrawal does not apply if the seal of the goods is broken. In these cases, we will deduct a price corresponding to the value of the goods in question. Refunds will be made using the same payment method you used at the time of the initial payment and will be processed as soon as your case reaches our customer support. After that, it will take up to 10 working days for the refund to go through.

Any Products received for which you want a refund must be returned by you. Products that you wish to return should be returned without undue delay and in any event no later than fourteen (14) calendar days from the date we were informed of your decision to cancel or until we have received proof of shipment of the Products from you, whichever is the earlier.

You return the Products by following the instructions published on the Website.

If you exercise your right to withdraw from a change of Subscription model, your Subscription will revert to the last model you had before the change

Processing of personal data

We process your personal data in accordance with the Privacy Policy.

Intellectual property rights

The Website is owned and operated by The Every AB. All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights owned or used by us and those included in our Features (including titles, graphics, icons, scripts, source codes, etc.) are our own, or those of any other licensor, and may not be reproduced, distributed, sold, used, modified, copied, restricted or used (in whole or in part) without our prior written consent. No intellectual property rights shall pass to you or any third party under these Terms or otherwise in connection with your order of the Products or other use of the Features.

Respect for our property

You may not, for any purpose, tamper with, attempt to gain unauthorized access to, modify, hack, fix or otherwise adjust any of our materials, hardware, source codes or information.

Respect for our intellectual property rights

Products and other information, including all related intellectual property rights, provided and made available by us constitute our exclusive property. You may not use our exclusive property for any commercial or other purpose without our written consent.

Applicable law

Swedish law shall apply to these Terms and our legal relationship in general.

Mission statement

We are entitled to assign or pledge all of our rights, including payment claims and obligations under these Terms, to third parties without restriction.

Separation

If any provision of these Terms and Conditions is held to be invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions.

Complaints and disputes

If you have any complaints, please contact our support through our Contact Details. We will always try to resolve your complaints in the first instance through discussions between you and our support. However, in the event of a complaint or dispute, you always have the right to contact the General Complaints Board.

Disputes concerning the interpretation and application of these Terms and Conditions shall be resolved by the General Complaints Board(www.arn.se) or by a competent court. You also have the possibility to submit your complaint to the EU Online Dispute Resolution (ODR) platform. The ODR platform can be found here: ec.europa.eu/consumers/odr.