Lobu – General Terms and Conditions
Version 1, 2017-08-29
Lobu AB’s (”Lobu”) General Terms and Conditions – are applicable on use of the access device(s) (the “Device”) and the service Lobu WIFI (“Lobu WIFI”) the above mentioned date and replace all of Lobu’s earlier published general terms and conditions.
- Prices, freight and payment terms
Current prices and payment terms for use of the Device and Lobu WIFI are available on Lobu’s website. The prices are published excluding VAT. Lobu is entitled to change the prices without prior notification.
Customer payments will not be repaid.
In the event of late payment, Lobu is entitled to charge the customer interest on such late payment according to Swedish legislation as well as costs for any late payment notice and collection procedure.
- Order and order confirmation
By placing an order on Lobu’s website the customer accepts these General Terms and Conditions and thereby undertakes to comply with the terms in full.
Binding agreement between the parties comes into force when confirming the order to the customer; however, the customer is bound by an order after submitting the order.
The agreement is valid until further notice with a mutual notice period of three (3) months. Notice of termination shall be in writing if the customer or Lobu so demand.
Device delivered to the customer is leased by the customer and shall remain the property of Lobu.
Lobu may terminate the agreement immediately in the event the customer:
(a) commits a material breach of the agreement (including but not limited to late payment), or
(b) is declared bankrupt, goes into liquidation, initiates negotiations on composition or company reconstruction, suspends payments or may otherwise be assumed to be insolvent.
In the event that Lobu terminates the agreement according to the above, the customer shall immediately send the Device back to Lobu. Freight costs shall be paid by the customer.
Delivery is made by a carrier or delivery firm engaged by Lobu from Lobu’s partner’s warehouse with delivery terms: Ex works Lobu’s partner’s warehouse. The risk for delivery is passed to the customer when Lobu’s partner hands over the Device to carrier.
Lobu is not liable for delivery being delayed, regardless if the delay depends on delay by the carrier, delay or back order by Lobu’s partner or any other circumstance.
Upon receipt of the delivery, the customer shall carefully inspect the Device. Any damage on the Device must be complained to Lobu immediately upon discovery, and at latest fourteen (14) days from receipt of delivery.
In the event that the Device at the time of receipt of delivery, and upon the approval of Lobu is found to be defective, Yoimee will provide the customer with a new Device. A Device which is defective upon receipt of delivery shall be sent back to Lobu according to Lobu’s instructions.
- Warranty regarding the Device (hardware)
Lobu provides a warranty of three (3) years for the Device. This warranty only refers to manufacturing deficiencies.
If, after three (3) years, the Customer needs a new Device or if Lobu, after three (3) years, considers that a new Device is needed to enable the Customer to continue to use Lobu WIFI, the Customer will receive a new Device against payment of the current sign-up fee applied by Lobu.
- Lobu’s liability
Lobu undertakes to remedy deficiency in Lobu WIFI within a reasonable period of time. Deficiency in Lobu WIFI shall mean that Lobu WIFI is not provided in accordance with this agreement.
In the event that Lobu is liable for a deficiency, Lobu undertakes to, at its own discretion, remedy the deficiency by either repair, redelivery or repayment.
Lobu is not liable for compatibility of the Device with any existing equipment of the customer, unless otherwise expressly stated by Lobu. Lobu is not liable for any circumstances that may adversely affect the customer’s ability to use Lobu WIFI (which is beyond Lobu’s control), including but not limited to the customer’s technical environment and capabilities, internet connection, and circumstances related to the customer’s internet service provider.
Lobu’s liability for deficiencies is limited to the above and the customer may not make any other claims against Lobu due to deficiencies.
The Lobu WIFI service is based on Facebook’s wifi platform. Lobu is under no circumstances liable for any costs, damages or losses, whatsoever, due to changes in Facebook’s wifi platform, Facebook’s other services, including but not limited to changes in Facebook’s technical environment and terms.
Lobu is under no circumstances liable for indirect damages or consequential damages, such as loss of production or loss of profits, or any other damage caused by the impossibility or difficulty of using computers or information, or for loss of data.
The total liability that may arise for Lobu to the customer (including liability for actions or omissions by Lobus employees, agents or subcontractors, and liability related to price deduction, retransmission or the like) is limited to the sign-up fee paid by the Customer for Lobu WIFI.
- Customer’s liability
The customer shall attend to and use the Device with care. The Customer shall comply with Lobu’s instructions regarding use of the Device and use of Lobu WIFI, including but not limited to instructions regarding installation and placing of the Device.
In case of damage to or malfunction of the Device, Customer shall immediately notify Lobu thereof. Use of the Lobu WIFI service requires that the customer has a functioning internet connection and that the customer follows the instructions given by Lobu.
Lobu does not provide an internet connection. It is the customer’s own responsibility to ensure that there is a proper internet connection.
Upon termination of the agreement, the customer shall immediately send the Device back to Lobu according to Lobu’s instructions. The customer shall pay for the freight costs.
In the event that the Device is found defective upon receipt, other than due to manufacturing deficiencies, Lobu is entitled to charge the customer with the current sign-up fee applied by Lobu, irrespective of whether the agreement between Lobu and the customer shall be prolonged or not. If the customer has paid the sign-up fee due to such a deficiency and the agreement shall be prolonged, Lobu will send a new Device to the customer.
The customer shall indemnify and hold Lobu harmless for all costs, damages and losses (“Damage“) incurred by Lobu as a result of the customer’s or other third party’s use of the Device and Lobu WIFI, including, but not limited to, Damage due to claims made by a third party against Lobu.
- Installation and support
The sign-up fee includes: pre-configuration of the Device, shipping, and, if necessary, limited remote support for setting up Lobu WIFI for the customer. In the event that further support is needed, based on the technical environment of the customer, such support may be offered and charged separately.
In order to get the service functioning the customer must follow the set-up instructions https://lobuwifi.com/installation/.
The customer must add the email address: email@example.com as administrator on its Facebook page. This is specified in the order confirmation sent to the customer.
In the event the customer does not add the email address according to the above within five days from his order, the Device will be configured towards the Facebook page of Lobu WIFI – Check in for free WIFI.
- Governing law and disputes
These General Terms and Conditions shall be governed by the substantive law of Sweden without regard to its conflicts of laws principle.
Any dispute, controversy or claim arising out of or in connection with these General Terms and Conditions, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (”SCC”). The seat of arbitration shall be Stockholm. The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators. Notwithstanding the above, Lobu shall at all times be entitled to apply for an injunction to pay or commence proceedings for the payment of any amount due to Lobu in court with the Stockholm District Court as first instance.
Lobu reserves the right to amend all information, including but not limited to prices, technical specifications and offers, without prior notification to the customer.
Information and prices are provided with reservation for misprints and typing-errors, incorrectness in stated technical specifications, supplier’s price rise and for clearance sale. The information that is available on Lobu’s website does not constitute an undertaking of applicability, suitability or warranty other than when directly stated in writing to the customer. Current offers apply while stocks last, if not otherwise stated.
Lobu may transfer the agreement to a third party. The customer is not entitled to transfer the agreement or any rights or obligations under the agreement without the prior written consent of Lobu.
Lobu reserves the right to at any time amend these General Terms and Conditions and the terms and conditions which is applied for users when logging on to and receiving an internet connection via Lobu WIFI from the customer.