General Delivery Terms and Conditions of M2M Solutions Oy

1. General terms

M2M Solutions Oy (”M2MS”, ”we”, ”us”, ”our”) is a company registered in Finland and with business ID 2593213-8, operates and sells products on our webstore at www.m2ms.eu and directly to customers. The following general delivery terms and conditions (”Terms”) are applied in transactions between M2M Solutions Oy and its customers.

M2M Solutions Oy reserves the right to change these Terms unilaterally without prior notification. Orders are subject to the Terms valid at the time of the order as evidenced in the homepage of M2M Solutions Oy. Changes resulting from new legislation will come into force immediately unless otherwise stated in the law.

M2M Solutions Oy is not liable for damages resulting from force majeure. Force majeure is such unexpected and unforeseen circumstance or change in circumstances, which is beyond the control of M2M Solutions Oy and which cannot reasonable be overcome by M2M Solutions Oy. M2M Solutions Oy is obliged to inform customers as soon as practically possible on the occurrence of force majeure.

2. Customer

M2M Solutions Oy sells products and services to private persons who are adults (herein ”consumer”) and with the consent of the parent, also to person under 18 years of age.  We sell our products and services in Finland, in the EU and in Switzerland and Norway. We sell products and services also to corporate clients for professional use.

Consumer transactions are subject to the valid Finnish and EU consumer legislation. These Terms do not apply to the extent that they restrict the rights of the consumer about what mandatory law is imposed.

Corporate transactions between M2M Solutions Oy and corporate clients are governed by the Finnish Sale of Goods Act (355/1987) unless otherwise stated in the Terms.

Customers are required to submit when making an order their full contact details which for the consumer include at least the following information: full name, address, phone number and email address. Corporate clients must in addition provide the following information: name of the contact person, corporate registration number and billing address, if applicable.

Customers can find information on our data protection practices and use of cookies from our Privacy Policy.

Delivery time estimates have been given based on information obtained from importers and manufacturers. M2MS are not responsible for delays resulting from unexpected changes circumstances beyond its control. Binding contract comes into force once the order has been registered in the software system of M2M Solutions Oy.

3. Orders

Our products and services are mainly ordered from our webstore at www.m2ms.eu. All orders are confirmed in writing via email and the order confirmation states the prices, shipping expenses and the ordered products and services. The order confirmation is sent to the email address provided by the customer when making the order.

Each customer order is subject to these Terms valid at the time of the order.

4. Products and price list

Product prices include the applicable value added tax. If the price list contain clear mistakes in the prices, the product is not sold at this low price, if it can be assumed that the customer should have understand that there is a mistake in the price.

Our prices exclude all shipping and installation expenses.

GPS/GSM tracking devices sold by M2M Solutions Oy require a SIM card to function. The customer is responsible to acquire the SIM card themselves and our prices exclude the price of the SIM card and any potential expenses resulting from the use of the SIM card.

If the price of a product increases before the order is shipped, the products ordered are delivered with the original price. If the order is changed before the shipping, the price will be based on the price valid at the time of the change. If the product price decreases, the product is automatically delivered with the lower price.

M2M Solutions Oy reserves the right to limit the sale of products in bulk quantities.

5. Payment options

Orders and the shipping expenses are paid when making the order. The payment is effected at the website of Paytrail Oyj which acts as our Payment Service Provider.

We offer several payment options to our clients. The use of these payment options require the customer to register as a client in our customer register.

6. Payment service provider and netbank payment services

Paytrail Oyj (2122839-7) acts as an implementer of the payment handling service and as a Payment Service Provider. Paytrail Oyj will be shown as the recipient in the invoice and Paytrail Oyj will forward the payment to the merchant.

Paytrail Oyj is an authorized Payment Institution.

Paytrail Oyj, business ID 2122839-7
Innova 2
Lutakonaukio 7
40100 Jyväskylä
Finland
Phone: +358 207 181830

Netbanks
Paytrail Oyj (FI2122839) provides netbank related payment transfer services in co-operation with Finnish banks and credit institutions. For consumer the service works exactly the same way as traditional web payments.

7. Shipping options

We offer several shipping options to our clients.  Shipping expenses vary between shipping options and the shipping expenses can be seen when placing the order automatically.

Our average order handling time is between 3 and 5 business days from the date of the order confirmation. Shipping time depends on the delivery location. Normally in Finland the shipping takes from 1 to 2 business days and in elsewhere in the EU shipping can take up to 5 business days.

The policy of M2MS is to ship the products after we have received confirmation of the payment transaction. M2M Solutions Oy is not obliged to hold in reserve other products in the same customer order if the availability of one product is poor or its delivery is delayed for a reason which is not related to M2MS. Consumer can in such an event choose either to accept post-delivery of the delayed product or to cancel the order. Shipping expenses of the said post-delivery will be charged from the consumer. Pending order are reserved maximum of 10 business days after which the order is cancelled if the consumer has not accepted post-delivery in accordance with these Terms.

Customer is liable to inspect the products within 14 days of the delivery and read through carefully the product user manual(s) and terms and conditions before taking it/ them to use.

8. Return policy

Selling products via webstore classifies as distance selling under Finnish Consumer Protection Act (38/1978) under which unused products have a 14 day return right (as per the Chapter 6 of the Act).  The purpose of the law is to give the consumer the possibility to get familiar with the product in a similar manner as would be possible in a store. M2MS grants this right to the customers in the spirit of the law. Any potential opening of the product packaging must be done with general caution.

The following restrictions of return right apply under Consumer Protection Act Chapter 6 Section 16:

  • the contract pertains to goods manufactured or customized to the consumer’s specifications so that they cannot be resold without incurring considerable loss or that they cannot be resold at all;
  • the contract pertains to goods that by their nature cannot be resold or that spoil or age rapidly;
  • the provision of the service or the delivery of the good electronically has in accordance with the consent of the consumer commenced before the end of the withdrawal period and the consumer has been informed of the nonexistence of the right of withdrawal in the order confirmation; and
  • the consumer has opened an audio or video recording or computer software that has been delivered sealed.

The products can be returned within 14 days from the delivery date of the products without specific reason.

9. Return procedure

Product returns and service deliveries should be sent as a parcel or via courier which allow shipment tracking to the following return address:

M2M Solutions Oy
Iso Roobertinkatu 8 a 6
00120 HELSINKI
Finland

The customer must send return notification using duly filled Return Form to M2M Solutions Oy about the product return before the expiry of the return period. The products should be sent to the above mentioned address and the package containing the products to be returned or sent to service must include a print copy of the Return Form of M2M Solutions Oy and the copy of the receipt or invoice.

M2M Solutions Oy will reimburse to the customer the purchase price and our shipping expenses within 14 days of the receipt of the return notification. However, we reserve the right to withhold the reimbursement until we have received your product return shipment or you have satisfactorily evidenced that the return shipment has been dispatched. The customer is required to ship the products back to us within 14 days from the return notification.

Customers are liable for all direct expenses relating to product returns and service deliveries to M2MS. The estimated shipping expenses are approximately EUR 10 for packages sent from Finland and EUR 50 for packages sent from outside of Finland.

Packaging is the responsibility of the sender. The products must be packaged with care in order to protect the products against damages when in transit. The products must be packaged with a minimum of 10 cm of padding. M2MS is not liable for damaged products resulting from insufficient packaging or packaging not in accordance with the Terms. Any expenses resulting from such packaging will be charged from the customer.

M2M Solutions Oy reserves the right to charge expenses from the customer relating to product returns made without cause or not in accordance with these Terms. In such event, the customer is charged reasonable handling and shipping expenses of M2M Solutions Oy.

M2M Solutions Oy grants the corporate clients a limited 14-day return right. In order to qualify under this return right, the returned product must unused and returned in unopened sales package. This limited return right does not apply for products over EUR 300, orders over EUR 500 and any product(s) which has been customized for the customer.

10. Warranty and defect liability

Warranty of any product sold by M2MS is determined by the warranty terms of the manufacturer of the product. The customer must read the warranty terms of the product before starting to use it. The terms of the warranty, if not included in the user manual or supplied with the product, can be found from website of the manufacturer. M2M Solutions Oy reserves the right to test the reported product defects.

The service location is determined by the importer’s or manufacturer’s warranty terms. M2M Solutions Oy can instruct the customer to take contact directly with the manufacturer or service company authorized by the manufacturer if that can be considered to be beneficial to the customer. The customer can also deliver the product to service via

M2MS. Service time estimate for service conducted in Finland is 15 – 20 business days. For service conducted outside of Finland, the service time estimate is 20 – 25 business days.

Expenses resulting from service work initiated without a cause are charged from the customer (including but not limited to handling expenses, service expenses and shipping expenses). M2MS is not liable for expenses resulting from damages caused by the customer. M2M Solutions Oy reserves the right to inspect the defect and quality of the product also in case of order cancellation. Lack of compatibility with other products is not a product defect unless such compatibility requirement has been specified in writing and accepted by M2M Solutions Oy when submitting an order. Physical opening of the product will cause the warranty and the defect liability in accordance with the law to cease to exist unless the manufacturer of the product has instructed otherwise.

Our service will keep in storage the serviced products for three (3) months from the date of the service notification sent to the customer. After this M2MS has the right to sell or recycle the product in accordance with the prevailing legislation.

11. Claims

Customer is obliged to present a written document or a receipt of the purchase evidencing the time and place of purchase when making a product return or a claim. All claims must be presented in writing. The free format claim can be sent via email to shop@m2ms.eu, using the Claim Form in our website or in a letter addressed to M2M Solutions Oy.

Disputes and jurisdiction: Consumers have the right to file disputes arising from this contract for settlement at the Consumer Disputes Board in Finland (in Finnish: kuluttajariitalautakunta).  Customer can file a lawsuit arising from this contract against M2M Solutions Oy in Finland at the District Court of Helsinki or at any District Court in Finland where the customer is domiciled. If the customer is not domiciled in Finland, disputes are resolved in the District Court of Helsinki. Finnish law applies to these Terms. M2M Solutions Oy does not compensate any costs arising from the use of agents in the legal proceedings.

12. Corporate transactions

Products and services are sold always on ”as is” basis. M2M Solutions Oy is not responsible on defects of the products or services and is not liable for any direct or indirect expenses or loss of income resulting from the use of the products or services. Liability of M2M Solutions Oy is always restricted to the content of these Terms. Defect liability is capped to the potential selling price of the products and/ or services.

Warranty of a corporate client of any product sold by M2MS is determined by the warranty terms of the manufacturer of the product and the expiry of the warranty period will end the liability of M2M Solutions Oy. Physical opening of the product will cause the warranty and the defect liability to cease to exist unless the manufacturer of the product has instructed otherwise. M2M Solutions Oy reserves the right to instruct the corporate client to take contact directly with the manufacturer or service company authorized by the manufacturer.

Our service will keep in storage the serviced products for three (3) months from the date of the service notification. After this M2MS has the right to sell or recycle the product in accordance with the prevailing legislation.

M2M Solutions Oy is not obliged to fulfil the contract in the event of force majeure which cannot be reasonably overcome. M2M Solutions Oy is not liable for expenses or damages resulting from force majeure and is in such an event entitled to terminate the contract. When placing an order or a tender the client approves unconditionally the General Delivery Terms and Conditions of M2M Solutions Oy. Any potential purchase conditions of the client do not apply if they are not in accordance with the General Delivery Terms and Conditions of M2M Solutions Oy.

13. Validity

These Terms are valid as of 1 January 2015.