1. General
1.1 These general terms and conditions (the “Art Club”) apply for you who have registered and become a member of the Art Club available via malinhjalmarsson.se (herein jointly the "Art Club"). By becoming a member of the Art Club and using the program and benefits, you approve and accept these Art Club terms.
1.2 These Membership Terms are an agreement between you as a member and By Jalma AB.
1.3 Registering to the Art Club is completely free and available for both individuals and companies. To become a member, you need to be at least 16 years old.
1.4 These Membership Terms apply in addition to the terms and conditions that apply to your purchases of goods from Malinhjalmarssonor any other terms and/or agreement between you and Malinhjalmarsson.
1.5 You can find information relating to our processing of your personal data in Malinhjalmarsson´s Privacy Policy.
1.6 You can find contact details and other information relating to Malinhjalmarsson under the About Us section on the Website.
2. Art Club – member pricing, offers and discounts
2.1 As a member of the Art Club, you will have access to members pricing as well as various discounts and offers which may include both general, personal, and location-based offers (herein collectively “Membership Benefits”). All Membership Benefits are subject to change, updates, and expiration at any time at Malinhjalmarsson´s sole discretion.
2.2 Any and all Membership Benefits are available online (via Malinhjalmarsson.se) only if not otherwise stated.
2.3 Malinhjalmarsson is not responsible for any discrepancies between any Membership Benefits presented via the Membership Program and the availability of these.
2.4 We strive to ensure that all Membership Benefits are up to date and correct, but we cannot guarantee that offers stated are available. Products may sell out before an offer expires or is removed and technical deficiencies may result in that the information and offers seen on the website are not up to date and offers no longer valid.
2.5 Malinhjalmarsson reserves the right to discontinue any Membership Benefits that are offered through the website at any time. All offers and campaigns presented on the Website are valid for a limited time and are, in some cases, dependent on stock availability.
2.6 You need to be logged in to your member account to access and utilize your Membership Benefits. If you place an order without being logged in to your account, you will not enjoy any Membership Benefits and we cannot guarantee that we can change your order in arrears or otherwise redeem any missed Membership Benefit.
2.7 The Membership Benefits you may receive via our Art Club can only be used by you. You are not allowed to transfer such benefits to anyone else, whether that person is a member or not.
2.8 Malinhjalmarsson reserves the right, at its sole discretion, to exclude a member from the Art Club and to remove any Membership Benefit the member has received, earned or otherwise obtained if a member breaches these terms or in any other way misuse the membership.
3. Art Club – Personalized offers and your information
4.1 By approving and accepting these Membership Terms, you assure and guarantee that all information or data provided to us upon registration or provided to us when using our services as a member, is true and correct. You hereby also guarantee that you own such information and data and have the right to use it and that it does not violate the rights of others or is otherwise in violation of any applicable law.
4.2 As part of your membership, you will receive personal offers. In order to provide you with such personalized offers and discounts we will collect and process information about your purchase history and use of our website, in hope of providing you with more relevant offers.
4.3 A prerequisite for the Membership Program is that Malinhjalmarsson collects and uses your personal information. By approving these terms, you agree to us processing your data as long as you are a member.
4.4 For more information about how your personal information is used, what it means for you and how you can safeguard your rights, please read our Privacy Policy.
4. Art Club – Termination and deletion
5.1 Your membership can be terminated:
a) by you at any time by contacting us at customerservice@moutife.com with the registered mail for your account;
b) by us, with immediate effect, if you violate any of the terms of this agreement; and
c) by us if we, for whatever reason, decide to discontinue the services and Membership Program addressed herein.
5.2 If your account is terminated, for whatever reason, your membership benefits, any achieved membership level and offers that were available to you before closing the account will disappear and become unavailable. You will not be able to restore your membership, or any offers and benefits associated with it.
5.3 Once your membership has been terminated, Malinhjalmarsson will delete or anonymize all your personal information within forty-five (45) days. At the end of these forty-five (45) days, Malinhjalmarsson will not store any information that can be linked to you personally in relation to your membership. However, please note that termination of your membership only affects your membership data and information provided hereunder, any information and/or data collected in connection with purchases you have done with us or otherwise shared may be continued to be processed of us.
5. Force Majeure
We will continuously update and improve the Art Club and the services related to it, which means that these terms may be changed and/or modified over time. We thus reserve the right to update and adjust the terms at any time. Any updates will be announced via one or more of our information channels, and always via our website at moutife.com . Changes to these terms are valid and applicable from the time you have accepted the new Terms (in connection with a purchase) or thirty (30) days after we have informed you thereof. We recommend that you regularly visit moutife.com if you want to stay up to date to changes of our Art Club and its terms.
6. Responsibility and force majeure
7.1 Malinhjalmarsson cannot be held responsible for delays caused by circumstances that Malinhjalmarsson has no control over. This may include natural disaster, war, strikes, government intervention, terrorist attacks and serious technical issues such as electrical, telephone or data connection problems, or other communication problems that are outside Malinhjalmarsson´s control.
7.2 Malinhjalmarsson will always strive for the Art Club and its services to function properly and for the website to be updated, but Malinhjalmarsson cannot be held responsible for any lost offers, discounts, benefit or similar incidents, which arise due to technical or human error.
7.3 If you experience any problems with the Art Club and our services, please contact us at malin@byjalma.se
8. Intellectual property rights
The Website, including all its content, is owned by Malinhjalmarsson, its licensors or its partners. Material on the Website is thus protected by intellectual property and marketing law regulation. This means that images, graphics, designs and layouts as well as information about goods, services and other content may not be copied or used without permission from Malinhjalmarsson. Malinhjalmarsson is not responsible for information on the Website coming from third parties.
9. Other
9.1 If a competent court, authority or arbitration panel finds that any provision of these Terms is invalid or non-enforceable, such provision and all other provisions shall be applicable and enforceable to the extent permitted by applicable law. The provisions declared void or unenforceable will be replaced by relevant legal guidance and advice.
9.2 Nothing stated in these Art Club affects the mandatory statutory rights of consumers under any applicable local laws, to the extent that such rights apply and cannot be limited or excluded.
10. DISPUTES AND GOVERNING LAW
10.1 Swedish law is applicable to these Art Club Terms, without application of its choice of law rules.
10.2 We seek to resolve any and all questions and differences of opinion between us in good faith. Please contact us at our customer service by email at malin@byjalma.se.
10.3 If a dispute cannot be resolved through discussions with Malinhjalmarssons customer service team, customers within EU hold the right to make a complaint directly online through the EU Commission’s Dispute Settlement Platform. You can find this platform through the following link http://ec.europa.eu/consumers/odr. If you file a complaint through this platform, your case will be automatically forwarded to the appropriate national body for dispute resolution. This dispute resolution body will then contact us and try to resolve the dispute without the need for a court to be involved. Malinhjalmarsson always follows the decision of a competent Dispute Settlement Body.
10.4 Disputes concerning the interpretation or application of these Terms shall be settled as determined under the sections above in this section 11 or ultimately by the courts.
Membership Terms
Last updated: 2022-08-21
