Application of the terms
These terms are applied to the use of Octacell Oy’s (hereinafter referred to as “Octacell”) website at www.octacell.fi (hereinafter referred as “the Website”).
Approval of the terms
The user of the Website (hereinafter referred to as “the User”) accepts these terms when visiting the Website. The Customer must familiarise themselves carefully with the terms before using the Website.
Availability of the Website
The Customer is responsible for ensuring that they have a functional connection to the Octacell Website. Octacell does not guarantee that the Customer’s connection would work as expected or that the Website would always be available or interruption-free. Octacell does not guarantee that the Website can be used with the Customer’s devices.
Immaterial property rights
Copyright and trademarks related to the material on the Website are the property of Octacell or a third party. All rights to the copyrights and trademarks regarding the material on the Website and available through the Website are reserved. Modifying, linking, further distributing, printing, sharing or saving to databases of the Website and the material on the Website for purposes other than personal, non-commercial purposes or another similar measure possibly breaching the copyright without Octacell’s or the third party’s prior written permission is prohibited and may lead to criminal liability and/or consequences under criminal law.
Restriction of liability
Octacell is not responsible for the content of the information presented or published on the Website, correctness of the information nor any errors or delays possibly included in the information. Octacell delivers the information to the Customer as it is. Octacell is not responsible for any possible linked material produced or published by a third party on this Website.
Finnish law is applied to these terms (with the exception of the rule of conflict of laws).
GENERAL DELIVERY TERMS OF OCTACELL
The latest amendment made and valid as of 15 December 2020.
These terms concern all the Octacell products and related services as well as Octacell leasing. These terms are an integral part of the delivery and leasing agreement. If the delivery terms deviating from these terms are agreed in writing with the Customer, the written terms between Octacell and the Customer apply. In case of doubt, these general terms available on Octacell’s Website apply.
Octacell Oy’s (hereinafter referred as “Octa”) aim is to deliver a first-class Octacell product to the Customer under this agreement.
The features of Octacell products and related accessories are presented to the Customer in the offer and/or on Octacell’s official Website at www.octacell.fi. Octacell products are manufactured in accordance with the product descriptions and itemisations presented in the order confirmation or, in the absence of such confirmation, in accordance with the product descriptions of the ordering date/signing date. Octa has the right to make minor changes to the product features after the order.
All Octacell products have a five-year guarantee starting from the installation, but the guarantee for the lighting and ventilation is two years. The guarantee covers the structural parts of the products if the product has been used in accordance with this agreement. The guarantee does not cover any damage to the product or part of it caused by an external factor, event or party. Normal wear is not covered by the guarantee. The guarantee only covers the installation place where Octa has installed the product and, if the Customer moves or dismantles the product, the guarantee expires at this moment.
If the Customer observes a fault in the Octacell product, the Customer must report this to Octa without undue delay, however, not later than within fourteen (14) days after observing the fault or after it should have been observed. In case of a fault, Octa has, first of all, the right to fix the problem within a reasonable time in the Customer’s premises without causing unreasonable disturbance. Octa has also the right to replace the product by delivering a similar faultless product to the Customer.
Octacell products are installed without fixing them to the property’s structures, with the exception of the electricity and data connection.
Octacell products are delivered to the Customer on the agreed time. If the delivery is postponed for more than ten (10) working days for reasons attributable to Octa, Octacell compensates the Customer for 1% of the price of the delayed Octacell product per each starting week. If the installation is postponed more than ten (10) days due to reasons attributable to the Customer or upon the Customer’s request, Octa has the right to invoice the products in accordance the first installation time announced by Octacell.
The Customer must arrange access to their premises to Octa on the agree time and arrange, for example, the door opening. The space where the product is to be installed must be accessed with a normal goods lift connection (dimensions at least 2,000 mm height x 900 mm width x 1,000 mm depth) measured from the ground, as otherwise Octa has the right to invoice EUR 80/h/person for the carrying work in accordance with the actual hours. If the installation time is transferred or postponed due to reasons attributable to the Customer, Octa has the right to invoice the costs caused by delay.
The Customer has familiarised themselves with the product drawings of the ordered Octacell product before signing the this agreement and ensured that the product fits in the space and that the route from the street to the space where the product is to be installed is sufficient and free of obstacles. Complaints about possible damage to the Customer’s premises or property in general caused by the installation must be made to Octa within five (5) days after the installation. Octa fixes possible damage caused by it during the installation at its own cost and without undue delay.
The Customer indicates a 230 V power socket (model “Schuko”) for the Octacell product to be connected. The Customer is responsible for ensuring that the Octacell products can be connected to the indicated power socket in accordance with the applicable regulations and property instructions.
The Customer prepares possible notifications to the space/property owner (and/or files for the required permits) concerning the installation of the Octacell product. The Customer is also responsible for notifying the space/property users.
Octa may use subcontractors for the installation. Octa is responsible for the performance of its subcontractors in accordance with this agreement.
The Customer must use the Octacell product with due care and always in accordance with the instructions for use and provided written instructions. Octacell products are designed to be used in a normal office environment.
It is not allowed to dismantle, alter or transfer Octacell products or their parts. Possible alterations must be ordered from Octa.
Octacell products are suitable for use only in dry indoor premises of a building constructed in accordance with the building regulation where the temperature range is 5–40 degrees Celsius and relative humidity does not exceed 87%.
It is not allowed to use Octacell products in hospitals or other similar clean work facilities, for example, without separate permission from Octa and a suitability assessment. Octacell products are not suitable for use in wet facilities or outdoors, even temporarily, and they are not suitable for use in any moving space and/or vessel (e.g. ships and similar). For safety reasons, the use of the product is prohibited in spaces which do not comply with the aforementioned purpose of use.
Octacell has the right to sell its receivable from the Customer to a third party. Possible transfer of the receivables is notified to the Customer.
All prices in the agreement are exclusive of VAT, and the currently valid VAT is added to all the prices.
The term of payment pursuant to the agreement is fourteen (14) days after the installation of the products, unless otherwise has been separately agreed. A delayed payment is subject to delay penalty pursuant to the Interest Act. Collection and payment reminder expenses are added to the price.
Invoicing takes place as an e-invoice, and if this is not possible due to reasons attributable to the Customer, an invoice fee of EUR 15/invoice is charged for other methods of invoicing.
Octa has the right to reasonably increase the price of periodical payments (e.g. Octa Care payments) once a year (a maximum of 2% per year) to correspond to the general price level increase. Price increases are notified to the Customer in advance. This does not apply to leasing payments.
In direct buying, the ownership of the Octacell product is transferred to the Customer only after the entire price pursuant to the agreement has been paid. Under the leasing agreement, the ownership is not transferred to the Customer. If the entire price under the agreement has not been paid regardless of the payment reminders, Octa has the right to remove the Octacell product(s) from the Customer’s premises at the Customer’s cost and terminate this agreement.
Other general terms and conditions
If either of the parties is faced with a force majeure event (e.g. strike, disturbance in the general transport/logistics sector), the party concerned will be exempt from its obligation to perform as long as the said force majeure obstacle exists.
Octacell products are protected, for example, by product protection, patents, trademarks and design protection (or they are pending). None of Octa’s or its products’ (e.g. Octacell) immaterial property rights (including trademarks, design protection, patents, copyrights and similar) are transferred to the Customer with this agreement. Octa reserves all the aforementioned immaterial property rights.
Octa reserves the right for minor product changes between the order and delivery. After the delivery, Octa may update its future products as it wishes and Octa cannot guarantee that the future modules will be completely compatible with the current modules.
It is prohibited for the Customer to act as a retailer of Octacell products or Octa’s services/other products and/or forward Octacell products to retailers without Octa’s prior written permission.
Octa is not responsible for any damage or loss caused to the Customer, its personnel, visitors or third parties if the original Octa product has been altered or used contrary to this agreement or contrary to the written instructions provided to the Customer by Octa or the Octacell product has been used in conditions in which it is not intended to be used.
Octa is not responsible for any indirect damage or loss caused to the Customer, unless the mandatory legislation or product protection regulation otherwise requires. Octa’s liability is limited, in all situations, to the total price pursuant to this agreement. In the event of damage or loss, Octacell has the right to use its liability insurance.
The agreement is governed by Finnish law and can only be amended by a written agreement between the parties. Any disputes are resolved in the District Court of Helsinki.
CUSTOMER REGISTER AND PRIVACY STATEMENT
This is the Privacy Statement and Policy of Octacell Oy’s customer register prepared in accordance with the Personal Data Act (sections 10 and 24) and the EU’s General Data Protection Regulation (GDPR).
Prepared on 22 October 2020. The last amendment on 22 October 2020.
Octacell Oy, Pieni Teollisuuskatu 1, 02920 Espoo, Finland
tel. +358 46 923 5424
2. Register contact person
Antti Sundqvist, firstname.lastname@example.org, +358 46 923 5424
3. Name of the register
Octacell Oy’s customer register
4. Legal basis and purpose of the processing of personal data
The legal basis for the processing of personal data pursuant to the EU’s General Data Protection Regulation is the legitimate interest of the controller (customer relationship).
The purpose of the processing of personal data is to provide the service, maintain the customer relationship and marketing.
Data is not used for automated decision making or profiling.
5. Data content of the register
Data saved in the register include: the name, title, company/organisation and contact information (phone number, email address, address) of the person, website addresses, IP address of the network connection, usernames/profiles in social media services, information about the ordered services and changes in them, invoicing information and other information related to the customer relationship and ordered services.
Data is retained as long as the customer relationship is valid. Unnecessary data is removed every five (5) years.
6. Regular data sources
Data saved in the register is received from the customers, for example, through messages sent using online forms, by email, by phone, through social media, through agreements and customer meetings and other events during which the customers disclose their information.
7. Regular disclosure and transfer of data outside the EU and EEA
Data is not regularly disclosed to third parties. Data may be published to the extent agreed with the customer.
Octacell Oy does not transfer data outside the EU and EEA.
8. Register protection principles
Register data is handled with due care and appropriate safeguards are implemented on data processed using information systems. When register data is stored on online servers, the physical and digital data security of the devices is appropriately ensured. The controller is obligated to ensure that the stored data, server access rights and other information critical in terms of the security of personal data are processed confidentially and by only employees whose tasks require the processing.
9. Right to access and rectification
Each data subject has the right to access their data recorded in the register and request for rectification of any incorrect data or supplementation of incorrect data. If the data subject wishes to access their data or request for rectification, a request must be sent in writing to the controller. If necessary, the controller may request the party submitting the request to prove their identity. The controller must reply to the customer within the timeline provided in the EU’s General Data Protection Regulation (as a rule, within one (1) month).
10. Other rights related to the processing of personal data
The data subject has the right to request the erasure of their data (“right to be forgotten”). In addition, the data subject has all the other rights pursuant to the EU’s General Data Protection Regulation, such as the right to restrict the processing of personal data in certain situations. Request must be sent in writing to the controller. If necessary, the controller may request the party submitting the request to prove their identity. The controller must reply to the customer within the timeline provided in the EU’s General Data Protection Regulation (as a rule, within one (1) month).