Terms and Conditions

Dessa allmänna villkor (”Villkoren”) gäller mellan Financial Tech Sweden AB, org.nr 556906-0477,
under varumärket SweetPay (”SweetPay” eller ”oss”), och dig som Kund.

These general terms and conditions (the "Terms") apply between Financial Tech Sweden AB, corporate registration no. 556906-0477, under the SweetPay brand ("SweetPay" or "us"), and you as a Customer.

1. DEFINITIONS

1.1. "Customer" refers to you as a consumer or representative of a legal person who purchases an item or service online or in the physical store of a Merchant using the Service. Also referred to as "you" or "you" below.

1.2. The "Service” refers to the service SweetPay provides to the Merchant for invoicing and / or invoice administration, which enable Customers, you as a Customer, to pay your purchase with the Merchant with an invoice.

1.3. "Merchant" refers to Merchants, store and / or service provider who provide goods and / or services online or in a physical store.

2. GENERAL ABOUT SWEETPAY

SweetPay provides a technical platform that allows Merchants to generate invoices and, in some cases, sell receivables (i.e. invoices) to SweetPay with the help of SweetPay. The service means that the Merchant is provided with a service that enables the Merchant to provide the Customer with the choice to pay for the purchase of a product or a service against an invoice. The invoice is issued by the Merchant, either via his own system or via SweetPay's technical platform, and in some cases SweetPay acquires the Merchant's claim against you as a Customer directly from the Merchant and SweetPay thus enters the Merchant's place as a creditor to you. You thus receive an invoice as confirmation for the purchase you made through the Merchant's website or physical store where SweetPay stands as the payee.

3. PAYMENT

3.1. Payment terms

Full payment of the amount stated on the invoice must be made to SweetPay no later than the due date stated on the invoice. Payment time is normally 20 days from the invoice date as shown in the invoice but may vary between different Merchants and change from time to time. Payment time and thus the date when payment is due SweetPay is always shown on the invoice. SweetPay or the Merchant, depending on whether SweetPay has acquired a claim from the Merchant, charges an invoice fee of up to SEK 39 excluding VAT, the current invoice fee is always shown in the invoice. The invoice is sent to the Customer via email, letter or sms.

3.2. Payment Reminder

3.2.1. Fees

If Customer fails to pay an invoice within the specified time, SweetPay reserves the right to send, itself or through a third party, a payment reminder to which a reminder fee is applied, the reminder fee currently amounts to SEK 60. If Customer fails to make payment even after the payment reminder, SweetPay reserves the right to transfer the current claim for further processing to a collection company. If the invoice is handed over for further management of a collection company, fees will be added, in accordance with the Act (1981: 739) on reimbursement for collection costs, etc., for the collection handling that is charged to you as a Customer.

3.2.2. Interest

In addition to the reminder fee and collection costs, SweetPay also reserves the right, itself or through a third party, to collect interest on unpaid amounts from the date of invoice due date in accordance with the Interest Act (1975: 635). Interest is currently payable at 22.00% from the due date until full payment is made.

4. PERSONAL DATA MANAGEMENT

4.1. Handling of personal data

SweetPay stores and processes personal data in accordance with current legislation. When using the Service, SweetPay, or SweetPay's external partner, collects personal information about you as a Customer. Personal data is mainly collected for the purpose of performing customer analysis, identification, credit rating, marketing and business development.

4.2. Consent to process personal data

By accepting the Terms and choosing to pay for your purchase with an invoice generated by SweetPay, you as a Customer, consent to the above processing of personal data. Such consent also covers the processing of personal data via the Internet, including the transfer thereof to third countries outside the EU / EEA. Once per calendar year, you have the right, through a written signed application, to obtain a register extract of what personal data is registered about you at SweetPay. SweetPay will, at your request or your own initiative, correct any information found to be incorrect or misleading.

5. CREDIT RATING

By using the Service, Customer agrees that personal information as above is used to conduct a credit rating by one of SweetPay's and the Merchant's partners and in some cases to carry out a credit report. Such a credit rating results in the Customer receiving a so-called "scoring" which is the basis for the amount of the Merchant can accept that the Customer pays with an invoice. By accepting the Terms, the Customer agrees that the information collected in connection with credit rating and any credit information may be stored and used for the same purpose as other personal data. The merchant will, based on the result of the credit rating or credit report, make a decision to either grant or deny you as a Customer to pay by invoice.

6. CLAIMS AND RIGHTS

This section 6 applies only to a Customer who is a person and who acts as a private person and not as a representative of a legal entity. According to the Distance and Home Sales Act (2005: 59) you usually have 14 days to undo a purchase or make a complaint on a product, if you bought it online. If you wish to make a complaint regarding the goods or services you have purchased through a Merchant, you should contact the Merchant directly with your case. As the Service includes invoice support for the Merchant, you as a Customer should also contact SweetPay directly via email [email protected] and report the complaint. Please note that, despite the complaint or return of the item, there may still be postage, return- and invoice fees that you must pay. SweetPay will invoice such remaining fees at a later date.

7. TRANSFER

SweetPay has the right to transfer its rights and obligations under the Terms, provided that the acquirer can reasonably be expected to fulfill its obligations under the Terms in a satisfactory manner for the Customer. Furthermore, SweetPay always has the right to transfer payment requirements to debt collection companies. You as a Customer are not entitled to transfer your obligations under the Terms without SweetPay's written consent.

8. COOKIES

When you use SweetPay's website, www.sweetpay.com, SweetPay needs to store and retrieve some technical information from the equipment you use to visit SweetPay's website for the purpose of providing and updating the Service to SweetPay. By using SweetPay's website, you consent to SweetPay downloading and storing certain technical information (so-called cookies) from the equipment used to visit SweetPay's website.

9. MESSAGES AND SUPPORT

Customers who wish to contact SweetPay on the content of the Terms or otherwise wish to receive support when using the Service, can contact SweetPay via e-mail at [email protected]

10. INTELLECTUAL PROPERTY RIGHTS

Intellectual property, such as the right to the name SweetPay, belongs to and may not be used by the Customer in addition to what was previously required to fulfill rights and obligations under the Terms.

11. FORCE MAJEURE AND LIMITATIONS IN SWEETPAY'S LIABILITY

11.1. SweetPay is not responsible for errors or defects in the purchased product, nor for delayed and / or missing delivery. Customer is asked to contact current Merchant for such handling.

11.2. If SweetPay is prevented from fulfilling its obligations under the Terms due to circumstances beyond SweetPay’s control and which SweetPay could not reasonably be expected to have anticipated, and which consequences SweetPay also could not reasonably have avoided or overcome, including but not limited to general labour conflict, war, fire, lightning, rebellion, terrorist attack, embargo, government intervention, government regulation or law, failure or delay in services from subcontractors due to circumstances stated here, and other circumstances beyond SweetPay's control shall constitute grounds for exemption resulting in the timing of performance and relief from penalty.

12. ADDITIONS AND CHANGES

To use the option to pay by invoice, at the time of use, the latest version of the Terms applies, which is always found via SweetPay's website www.sweetpay.com. SweetPay reserves the right to make minor changes that come into effect two weeks after the changes to the Terms are published on the Website. Customer is requested to regularly check the latest uploaded terms at www.sweetpay.com. Customer is always entitled to stop using SweetPay if Customer does not agree to SweetPay's amendments to the Terms and thus has the right to terminate the agreement and thus the Terms. In the event that Customer wishes to terminate the Terms, Customer must settle all outstanding invoices to SweetPay before the use of the option to pay by invoice can cease completely. If the Customer accepts the change of the Terms immediately, the new Terms also apply immediately. If the Terms are not rejected by the Customer, the change is considered as approved after two weeks.

13. DISPUTE

Disputes arising from the Terms or the use of the Service shall finally be decided by the Swedish General Court and with Swedish law applicable.

SweetPay Checkout Terms of Service

1. ONLINE PAYMENT

By completing the purchase, you agree to, inter alia, SweetPay AB's (556906-0477, Mäster Samuelsgatan 42, 111 57 Stockholm "SweetPay") processing of your personal data as below (the "Terms of Use"), including SweetPay's right to transfer data to another company in SweetPay’s business group or for processing outside the EU / EEA and the possibility of using electronic communication e.g. marketing. SweetPay reserves the right to change the Terms of Use from time to time, so always read the Terms of Use before making any new purchases.

2. PERSONAL INFORMATION

SweetPay processes and saves your personal information in order to offer you a simplified payment the next time you use SweetPay's cash register. SweetPay processes the personal data to manage the customer relationship, prevent abuse or misuse of the payment service, perform customer- and risk analyses, risk management, marketing and to comply with applicable legal requirements in general.

Personal information is information that can be directly or indirectly linked to you. The following are examples of personal data that

SweetPay can process: 1. Contact information - name, address, email address, telephone number etc. 2. Payment information - Card number etc. 3. Article information - Details of the purchases you make. 4. Personal credit rating. 5. Historical information - Information about previous purchases, how you have previously met the payment terms, any rejections, etc. 6. Information about your computer / device - IP address, language settings, browser settings etc. 7. Generally available information on the Internet.

Once you have used SweetPay's cash register, information about you can be saved, such as customer management, documentation requirements or similar approved purposes. SweetPay can use electronic communication (e.g. SMS and e-mail) in the contacts with you. You have the right to contact SweetPay at any time by emailing SweetPay support to inform us that you no longer wish to save your personal data.

SweetPay may disclose information to other companies within SweetPay's corporate group, who may also use the information in the manner and purposes described in these Terms of Use. For administrative purposes, information can also be provided to the e-Merchant where you made your purchase and to our specially selected partners for customer analysis and marketing as well as to authorities if we are required to do so by law or if you have approved what we do. The data can also be transferred for processing outside the EU / EEA to a country that does not have the same level of protection for personal data. SweetPay protects personal data and will introduce appropriate safeguards to protect data. You have the right to request in writing and to access the information that concerns you. You also have the right to correct possible incorrect information and to opt out of further marketing communications. SweetPay is responsible for the safekeeping of your personal data.

3. COOKIES

SweetPay uses cookies. A cookie is a small text file that is sent from SweetPay's web server and saved by your browser to give you access to various functions. SweetPay uses cookies to customize SweetPay’s Checkout to you and for internal analysis of how our site is used. Cookies cannot damage your computer.

4. INSURANCE AND ABUSE

You ensure that the information you provide is accurate and yours, and that you can enter into agreements without restriction and without the consent of an attorney, trustee or another person. If you use the service on behalf of a legal entity, you also guarantee that you have the right to enter into such agreement and hereby accept the terms of use in their entirety on behalf of that legal entity. To use SweetPay's cash register you must be at least 15 years old.

Use of information that is not yours or that you are not entitled to use for any other reason, and the use of SweetPay Checkout in any other way that is not intended, will be considered by SweetPay as an abuse. The user can be blocked from further possibility of using SweetPay Checkout.

5. APPLICABLE LAW

Except as a result of the Terms of Use or Mandatory Consumer Rights, SweetPay is under no circumstances liable for damages directly or indirectly caused by the use of SweetPay's Checkout. Swedish law is applicable and the general court should handle any disputes.