Most recently updated – 16 June 2021
Welcome to Fyndiq and sales via our Sites, an upselling channel for bargains. Fyndiq now offers Sites and upselling channels in the Nordic countries Sweden, Norway, Denmark and Finland.
In order for customers to be satisfied, all elements need to be right: from Your purchase of a product, to Your posting of a Product Advertisement, until You deliver the product to the consumer. Our cooperation is important and entails both legal rights and legal obligations. Therefore, please take the time to read these General Terms and Conditions for Merchants carefully.
Fyndiq works on a so-called Flash-Sale-Model. When an order is placed by a customer, Fyndiq buys the product from You (in a “flash”) and sells the product to the customer. This means Fyndiq is always the merchant of contract for the customer. Fyndiq will be the party invoicing the customer, will handle payments from the customer and settlement to You. Further, Fyndiq functions as the first line of contact with the customer and also owns the relationship to the customer. You acknowledge and accept that the customers who shop on the Sites are Fyndiq's customers.
It's important to always focus on the "customer experience". This is not as fuzzy a concept as it might sound. We mean that You must always ensure that information which You provide about the product in both the Product Advertisement and at the time of delivery is attractively presented, complete, and understandable to the consumer. Just ask Yourself – would I want, or be able, to buy the product if I received this information? It is, of course, obvious that the product cannot be a pirate copy, and must be legal and safe to use.
Remember that only professional merchants may sell via Fyndiq. In the event You are private person, You must find another way to sell Your products.
The "Agreement" means the terms covered by Your registration process via Help Center, and these general terms and conditions, the appendices set out in section 3 and Fyndiq's Guidelines.
"Fyndiq" means Fyndiq AB, reg. no 556792-1712.
“Guidelines” means Fyndiq’s Guidelines, as applicable from time to time, in Help Center, such as Fyndiq’s price policy, Guidelines on Prohibited Products and Guidelines on Service Fees.
“Help Center” is the portal where You find Fyndiq’s Guidelines, please see https://support.fyndiq.se/hc/.
“Market(s)” are the market or markets in which Fyndiq from time to time offers its e-commerce platforms, currently in Sweden, Norway, Denmark and Finland.
“Merchant Performance Report / MPR” is a report that Fyndiq establishes for comparison purposes in order to improve the customer experience.
“Part / Parties” are You and Fyndiq individually or jointly.
"Product Advertisement" means product information for publication on the Site, e.g. pictures, text, and graphics.
"Site(s)" means Fyndiq's web-based e-commerce platforms with different domains for different Markets, including Fyndiq's websites, applications, software, and content.
"You / Your" means You, a so-called trader, with a tax clearance certificate and a VAT registration number, and who registers a user account on the Site.
The Agreement between You and Fyndiq covers Your registration process via Help Center and the following documents: i) these General Terms and Conditions, ii) Fyndiq’s Guidelines, and iii) specifically set up appendices**.
** The specifically set up appendices are the following:
Appendix 1 – Prohibited Products
Appendix 2 – Personal data policy
Appendix 3 – Data Processing Agreement
Appendix 4 – Handling of certain common customer service matters
Appendix 5 – Fyndiq’s Special Terms and Conditions for Merchants supplying goods from non-EU member states
The documents are intended to complement each other. Nevertheless, in the event of contradictions, Appendix 5 shall take precedence over these General Terms and Conditions and these General Terms and Conditions shall take precedence over Appendices 1-4 in the above order. Further, Appendices 1-4 shall prevail over Fyndiq’s Guidelines.
4. User account and access to the Sites
When You register a user account on the Site, You approve, and enter into, the Agreement with Fyndiq.
Fyndiq owns and controls the Sites and user accounts. You undertake to comply with Fyndiq's Guidelines for user accounts and the Sites. Any information which You provide to Fyndiq must always be correct and current.
In the context of establishing Fyndiq’s MPR, Fyndiq is entitled to investigate matters related to e.g. uncollected products, missing products and/or returned products. MPR is made in order to, inter alia, establish certain thresholds for customer service issues/matters that shall not be exceeded by You. Such thresholds are determined by Fyndiq in its sole discretion and communicated from time to time via Fyndiq’s Guidelines under “Information about thresholds”, which You can find here.
You are responsible for all activity on Your user account (and for taking security measures to prevent unauthorised use). You are responsible for Your personnel and consultants at all times.
You are obligated, on Your own initiative, to regularly check modifications of the Agreement and Fyndiq's General Terms and Conditions for Consumers. Modifications enter into force fourteen (14) days after Fyndiq has given notice thereof, for example in Help Center.
Fyndiq may immediately restrict or shut down Your Product Advertisements, user accounts, or activity on the Sites if You breach the Agreement, or laws and regulations. Examples of this include if:
(i) there is a risk of infringement of intellectual property rights or a risk of product liability;
(ii) You lack a valid tax clearance certificate or relevant registration with a public agency, or You are investigated by an agency for unlawful activities, inadequate accounting, payment of taxes or social insurance charges;
(iii) You provide inaccurate or misleading information about You and Your business;
(iv) You are in bankruptcy, have commenced composition proceedings, have suspended Your payments, or can otherwise be deemed to be insolvent;
(v) You behave inappropriately or threateningly towards Fyndiq's personnel, consumers, or other merchants;
(vi) there is a risk that You will cause Fyndiq to incur financial loss or legal liability (liability which Fyndiq did not expressly undertake pursuant to the Agreement).
(vii) Your values in comparison with MPR exceed certain thresholds, caused by e.g. an excessive number of missing products, complaints etc.
5. Products sold on the Sites
You understand and accept that Fyndiq sells the products to consumers and that consumer protection laws and regulations for each Market apply to all sales which take place on the Sites. You select which Markets You want Fyndiq to sell Your Products on.
You are responsible for ensuring that products which are marketed and delivered meet requirements for quality, public safety, labelling, instructions for use, and warnings pursuant to laws, regulations, and Fyndiq's Guidelines. You understand and accept that You must personally check and ascertain that products comply with laws and regulations for each Market, e.g. that product information, warnings, and labels must be written in the local language when required.
In the event a product or Product Advertisement uses any third party's intellectual property rights, You are responsible for ensuring that necessary consent has been obtained from the rights holders. As a merchant, You must actively endeavor to prevent the sale of pirated copies via Fyndiq.
Since consumers who purchase on the Sites are Fyndiq's customers, You may not use customer information:
(i) to send documents with a delivery, to send a separate mail-out, or to design packaging or Product Advertisements which directly or indirectly market Your own or another party's business, products, or services;
(ii) to make direct contact via, e.g., email, text messages, social media, or telephone; or
(iii) to send an invoice or make another demand to the customer.
You may not market or deliver products which are included in Appendix 1 – Prohibited Products to this Agreement and listed in Fyndiq’s Guidelines under “Prohibited Products”, which You can find here.
Advertisements and pricing
You undertake to provide complete product information so that consumers can make a well-informed choice. The Product Advertisement may not be erroneous or misleading. You undertake to correct errors or flaws immediately, and immediately notify Fyndiq of any significant corrections that have been made.
Pictures in Product Advertisements must be professional quality and clearly show the actual product which is being sold. Use of pictures and other graphics in a Product Advertisement must comply with Fyndiq's Guidelines.
You must for each selected Market state a recommended price to consumers and an ordinary market price for the product, in local currency with the correct VAT rate for the applicable Market, so that Fyndiq has a basis for the pricing. Fyndiq may temporarily or permanently increase or decrease the sales price to the consumer (but You will always receive Your compensation based on Your recommended price), as further specified in the section Fyndiq’s service fees, Your compensation and payment.
Fyndiq reserves the right to at any given time block a product from being sold on one or several of the Sites if Fyndiq considers the price too high in relation to the same or a similar product that can be found on that Market. More information on this can be found in Fyndiq’s Guidelines under “Fyndiq’s price policy”, which You can find here.
When You post a Product Advertisement, You must bear in mind that You may only post one advertisement per Market for a specific product (however, if two or more products are bundled into a separate offer, such a product may be included).
Fyndiq has the exclusive right to make changes to each Product Advertisement, apart from Your obligation to make corrections.
Sales and marketing
You may only post Product Advertisements for products that are unused, in working condition, and free of defects. The original packaging must be in good condition.
Fyndiq markets and sells only factory-new products, unless we have agreed otherwise. In certain cases, Fyndiq may provide written approval prior to sale of products from bankruptcy stocks, demonstration models, products which You or another party have repaired/renovated, or products for which You otherwise believe You have limited liability, provided this is lawful under applicable consumer protection laws.
Fyndiq may remove a product from a Site at any time whatsoever, e.g. if the product is not sold within a specific time from publication of the advertisement, or if Fyndiq decides that the product does not comply with laws, regulations, or Fyndiq's Guidelines.
Stocks and delivery
Products which Fyndiq sells on the Sites must be maintained in stock by You or Your suppliers in an EU/EEA member state. You bear full responsibility for any shortages at Your suppliers. You are responsible for ensuring that products available for sale on the Sites are also in stock or otherwise can be delivered on time.
You are responsible for direct delivery of the product to the consumer within the delivery time stated in Fyndiq's General Terms and Conditions for Consumers (or another delivery time which applies to certain products pursuant to written agreement with Fyndiq and of which the consumer has been informed prior to the purchase).
You are responsible for the product until the consumer has received it. Notification to the consumer that the product has been sent or can be collected from the collection point, or the consumer's failure to collect the package, does not change Your liability.
6. Customer service and product liability
Support and customer service
As a merchant, You are responsible for assisting our customers regarding complaints, regrets and missing products ordered via Your Product Advertisement. In all other cases, contact with customers will be handled by Fyndiq's customer service. If necessary, we will contact and inform You in matters concerning Your products. The most common issue types are presented in the Appendix 4 – How to handle certain issue types.
You must respond to incoming matters within 24 hours during weekdays in the relevant Market. If You do not respond in time, Fyndiq will make decisions how the matters will be solved. You commit to answering Fyndiq’s, and our consumer's, questions as fully as possible and to propose a suitable solution in accordance with laws, regulations and Fyndiq's General Terms and Conditions for Consumers. Fyndiq reserves the right to make decisions how the matters will be solved.
When You receive or collect a returned product, You must notify Fyndiq and the consumer respectively immediately or not later than within 48 hours. You must collect a product within 24 hours on a weekday in the relevant Market, excluding public holidays, from the date on which You received notification.
Fyndiq may invoice You (or make a deduction prior to payment of Your compensation to You) for refunds to consumers (complaints, missing products etc.) and other actual costs which Fyndiq incurs in connection with handling customer service matters. For the avoidance of doubt, You approve that e.g. discount codes and suchlike, which Fyndiq provides as a customer care gesture, are an actual cost.
In the event Fyndiq needs to invoice or otherwise charge for a cost which the consumer is required to bear pursuant to law or Fyndiq's General Terms and Conditions for Consumers for the relevant Market, You understand and accept that You may only receive Your compensation if Fyndiq actually receives payment from the consumer. Since the customers belong to Fyndiq, only Fyndiq may invoice or otherwise charge the customer. Fyndiq has a right, but no obligation, to escalate such matters to debt collectors, the Swedish Enforcement Authority or suchlike.
Except cases regarding complaints, regrets and missing products, You can in exceptional cases after Fyndiq's written approval also handle other consumer cases.
In connection with complaint and warranty matters, You are only entitled to charge a troubleshooting fee if doing so is reasonable (depending on product type and price) pursuant to Fyndiq's Guidelines.
You understand and accept that You may not encourage a customer to send a product to Fyndiq's address.
Fyndiq views fraud and attempted fraud seriously. Fyndiq cooperates with the police, public agencies, and payment service providers. We expect Your prompt and effective assistance when we request it, e.g. when dispatch of a product must be stopped. Fyndiq has a Fraud Policy which is set forth in Fyndiq’s Guidelines under “Fraud Policy”, which You can find here. You understand and accept that a product which is sent as "non- trackable" (i.e. without a trackable sending number/ID or registered letter) always takes place at Your own risk.
Product liability and monitoring
Selling consumer products entails significant responsibility. You are liable for any claims from rights holders, consumers, and public agencies (including administrative fines or fees) which relate to Your products or Product Advertisements in the relevant Market.
Your products and Product Advertisements must be legal, meet product safety requirements, and have the permits, warranties, and completed tests by the producers or notified bodies which are necessary pursuant to laws and regulations in the relevant Market. In the event Fyndiq contacts You, You must respond within 48 hours on weekdays in the relevant market, excluding public holidays, and send relevant certificates, information, and documents to Fyndiq, e.g. CE labelling, EU assurances regarding compliance, proof of product labelling, EAN, article and batch number.
In the event a public agency, rights holder, or organization requires that the manufacture, import, or sale of a product must be reported or accounted for, or if the product must be recalled, You are responsible for doing so in accordance with laws and regulations. You are liable for all costs and payment of any related compensation or fees.
You are responsible for fulfilling any obligations regarding reporting and payment of fees for recycling, waste management of products, product parts (e.g. batteries) and packaging in the relevant Market.
Fyndiq regularly monitors compliance of Product Advertisements and products with the Agreement, laws, and regulations. Fyndiq may also receive claims from, e.g., rights holders, their legal counsel, or public agencies. You undertake to respond to our questions as completely as possible and to send us relevant certificates, documentation, or pictures. Ordinarily, You must respond to matters which Fyndiq sends to You within 48 hours on weekdays, excluding public holidays, in the relevant Market. You understand and accept that if Fyndiq determines that there is a risk of financial or legal liability, the Product Advertisement or Fyndiq’s sale of Your products may be stopped immediately.
7. Fyndiq’s service fees, Your compensation and payment
Fyndiq handles sales to consumers, presentation of Product Advertisements, and other functions on the Sites, including payment. In addition, Fyndiq may market and conduct sales of products (which Fyndiq selects), both through Fyndiq's own marketing and through purchases of advertisements and search results via other platforms, e.g. GoogleAds.
Fyndiq charges a service fee for the services which Fyndiq offers. Fyndiq's service fees are: (i) "Selling Fee", which is a percentage fee of Your recommended price for the product; and (ii) "Category Fee", which depends on the product category. Current service fees are set forth in Fyndiq’s Guidelines under “Service Fees”, which You can find here. In case of changes of Fyndiq’s service fees, You will be notified via e-mail at the latest two weeks before the change enters into force.
Fyndiq pays Your compensation for a sold product, after deducting the Selling Fee, the Category Fee, and any costs which Fyndiq incurs and for which You are responsible pursuant to the Agreement. For the avoidance of doubt, please note that the Fyndiq service fees are non-refundable. In order to receive Your compensation, You must provide us with a valid International Bank Account Number (IBAN) and a Bank Identifier Code (BIC), and/or postgiro and/or bankgiro, as applicable.
Laws and regulations provide that a consumer may often make a complaint in respect of a product long after delivery. In the event Fyndiq is obligated to pay a refund to a consumer for a product (or for any other claims) but You have already received Your compensation for the product, Fyndiq shall be entitled to set off such amounts from subsequent compensation to You or invoice You for such amounts. In addition, Fyndiq shall be entitled to deduct costs retroactively, e.g. any differences for incorrect VAT rates set by You for the relevant Market and either set off such amounts or claim such amounts.
Fyndiq is entitled to refuse to pay Your Compensation if You breach the Agreement or if the consumer exercises its right of withdrawal or its right to return the product within 30 days of receipt.
8. Intellectual property rights
You are responsible for ensuring that Your products and Product Advertisements do not infringe upon Fyndiq’s or a third party’s intellectual property rights.
When You upload a Product Advertisement, You grant Fyndiq an exclusive right to use the Product Advertisement, free of charge, in whole or in part, during such time as the product is marketed on any Site. This includes an exclusive right for Fyndiq to make the changes and adjustments in the Product Advertisement that may be required under the Agreement, e.g. by translating the Product Advertisement into local languages for different Markets, and to use the Product Advertisement in marketing for Fyndiq's own business and to sublicense to a third party. You may not use translated or otherwise adjusted Product Advertisements on other marketplaces or on Your own website during the time that the product is marketed on any Site. However, You still have an obligation to correct errors or flaws in a Product Advertisement and immediately notify Fyndiq of any significant corrections that have been made.
You may not use intellectual property rights belonging to Fyndiq without Fyndiq's prior written approval.
9. Disclosure obligation
You shall inform Fyndiq immediately:
(i) where You or a company upstream in the sales chain (wholesaler, retailer, distributor, manufacturer, etc.) is placed into bankruptcy, commences composition proceedings, is placed into liquidation, or can otherwise be deemed to be insolvent, or if there is otherwise a risk that warranty liability or product liability will not be satisfied;
(ii) in the event of any suspected or determined infringement of intellectual property rights; or
(iii) of any circumstances which may entail a risk of legal liability or financial liability for Fyndiq or for You, e.g. in respect of product safety, health, or the environment.
10. Personal data
You undertake to inform employees and other representatives that their personal data may be processed as part of the Agreement and to provide a copy or reference to Fyndiq’s personal data policy which constitutes Appendix 2 to this Agreement.
To the extent that You process personal data in the capacity of personal data processor on behalf of Fyndiq, the Parties have entered into a Data Processing Agreement which is attached as Appendix 3 to this Agreement and which specifically regulate the Parties’ respective responsibilities for such processing of personal data.
11. Liability in damages
You are liable for damage and claims for damages arising from Your product, Product Advertisement, unlawful use of Personal Data, or Your failure otherwise to perform Your obligations under the Agreement. You shall indemnify Fyndiq in the event of claims from third parties, for example consumers, legal entities, private organisations, or public agencies made towards Fyndiq. For the avoidance of doubt, Your liability for loss also includes a consumer's right in certain cases, to bring claims against a trader in the upstream sales chain due to defects in the product. For the avoidance of doubt, You understand and are aware that the liability of Fyndiq towards for example consumers, legal entities, private organisations, or public agencies are completely back-to-back in all aspects with Your liability towards Fyndiq.
In the event of any technical or handling defects, Fyndiq shall not be liable for lost sales, costs, or any damage which may arise as a result.
In the event Fyndiq is involved in a civil dispute regarding Your product, or Your Product Advertisement, or if Your Product or Product Advertisement infringes a third party's individual property rights, You shall immediately assist Fyndiq during the dispute and indemnify Fyndiq for damages, compensation for infringement and all direct and indirect costs (including reasonable legal fees) which arise, or which Fyndiq must pay in connection with the dispute or the infringement. This includes, but is not limited to, a right for Fyndiq to invoice You if the dispute or the infringement results in an obligation for Fyndiq to compensate a third party as a result of a settlement.
In the event Your product has been sold on Fyndiq’s platform and the product is considered not to be safe or is considered dangerous according to what is set out in the law, e.g. in the Product Safety Act (Sw. Produktsäkerhetslagen (2004:451)), You shall immediately assist Fyndiq with recalling Your product and any other measures related thereto, including information to consumers and authorities, and pay Fyndiq for all direct and indirect costs (including reasonable legal fees) which arise, or which Fyndiq must pay in connection herewith. This includes, but is not limited to, a right for Fyndiq to invoice You if the sale of Your product results in Fyndiq being obliged to pay penalty or sanction charges, or if the dispute results in Fyndiq being obliged to pay damages or other compensation.
In the event of a breach of contract, Fyndiq's right to demand that You perform the Agreement and to seek damages shall not be affected by Fyndiq taking, or not taking, other measures (e.g. restricting or shutting off Your Product Advertisements or user accounts).
You shall fully indemnify and hold Fyndiq harmless against any and all loss, liability, damage and/or cost that Fyndiq incurs as a result of or in connection with:
(i) transactions that are processed by an external payment provider or that otherwise result from Your provision of goods to the customer (including without limitation refunds and chargebacks);
(ii) the imposition of fines or penalties due to third party claims against an external payment provider as a result of Your conduct;
(iii) allegations of fraud related to Your business.
12. Term of the Agreement, termination and consequences of termination of the Agreement
The Agreement is valid until further notice with one month’s notice of termination, and always applies if You have active Product Advertisements on any Site.
Each Party may terminate the Agreement with immediate effect if the other Party materially breaches its obligations under the Agreement (or an agreement with another company within the same group).
In the event one of the Parties is placed into bankruptcy, commences composition proceedings, is placed into liquidation, or may otherwise be deemed to be insolvent, the other Party may terminate the Agreement with immediate effect.
In the event a direct competitor of Fyndiq acquires participating interests, shares, or assets in Your business or otherwise provides funds or guarantees for Your business or a business in the corporate group to which You belong, Fyndiq shall be entitled to terminate the Agreement with immediate effect.
Notice of termination shall be given in writing.
Due to their content, certain provisions will remain in force following termination of the Agreement, e.g. You must deliver products which have been sold to consumers, You must assist Fyndiq in customer service matters, You must assume Your product liability, and You must pay any damages.
Fyndiq may withhold Your outstanding payments for up to 30 days after the date of the last and final planned payment.
13. Liability insurance
You shall maintain appropriate liability insurance for Your business and Your liability under the Agreement. At Fyndiq's request, You shall send copies of insurance certificates.
Fyndiq shall be entitled to assign all or part of the Agreement to a third party. The Agreement is personal to You, and therefore, You are not entitled to assign the Agreement to any third party without Fyndiq's prior written approval.
15. Applicable law and disputes
The Agreement shall be governed by Swedish law.
Disputes arising from the Agreement shall be determined by a court of general jurisdiction, with the Stockholm District Court as the court of first instance.
Appendix 1 – Prohibited Products
Please note that the full list of prohibited products is set forth in Fyndiq’s Guidelines under “Prohibited Products”, which You can find here. Be aware that You are responsible for keeping up to date with any modifications, since the Guidelines may be modified from time to time. Any modification will enter into force as soon as it is published.
The ground rules are simple.
1. You may not market or sell products which are illegal, fail to meet labelling, safety, health, or environmental requirements, or which are subject to restrictions on sales to consumers.
2. There are also products which Fyndiq has chosen not to sell via the Sites, e.g. because we do not think they are suitable for our preferred potential customers and target groups.
Examples of products which are prohibited to market and sell via the Sites are:
• Drugs and steroids
• Pirated copies
• Weapons and ammunition
• Food and animal food
Appendix 2 – Personal data policy
Fyndiq protects personal privacy. At Fyndiq, we process personal data for those customers and users who use our services and products. In terms of You, as a merchant, we conduct this processing to perform the Agreement which is in force between Fyndiq and You and/or based on a legitimate commercial interest of Fyndiq.
You must provide personal data in order to register a user account and use Fyndiq's services. This data is entirely necessary in order to enter into the Agreement and use Fyndiq's services. If personal data is not provided, Fyndiq will not be able to perform the Agreement. Fyndiq, of course, complies with the laws and regulations which apply to processing of personal data. Fyndiq has taken appropriate technical and organisational security measures (including confidentiality) in order to protect personal data against unauthorised access, modification, dissemination, and destruction.
The personal data is used in order to:
(i) administer and perform the Agreement with You;
(ii) sort out and solve any problems which may arise when You use our services and products;
(iii) send newsletters; and/or
(iv) provide data to cooperation partners, including those outside of the EU/EEA (see below).
Fyndiq may use various cooperation partners in order to perform our obligations to You. Our cooperation partners may enter into an agreement with Fyndiq so that we can ensure a high level of protection for, and correct processing of, Your personal data.
Where Fyndiq has a cooperation partner in a country outside of the EU/EEA, personal data may be transferred to such country that may not have the same level of protection for personal data. In order to protect Your personal data, Fyndiq enters into agreements with our cooperation partners which govern the transfer and each cooperation partner's personal data processing. Agreements contain the standard terms and conditions issued by the EU Commission and Fyndiq endeavors to ensure the personal data is processed in such way so as to meet applicable statutory requirements.
Fyndiq stores Your personal data for as long as is necessary in order to perform the Agreement. Fyndiq takes reasonable measures to keep processed personal data current and to remove noncurrent and otherwise erroneous or unnecessary personal data. Should the Agreement terminate, we will only continue to store Your personal data for such time as we have any obligation pursuant to law or to protect consumers' rights.
Fyndiq may use so-called web beacons (or "pixel tags") on certain websites. We do not ordinarily use them to identify individual users personally. Web beacons are ordinarily graphic images which are placed on the website and are used to count visitors to a website and/or for access to certain cookies. This information is used to improve Fyndiq's services. Web beacons do not, ordinarily, collect any information beyond that which is provided by Your Internet browser as a standard setting. You can choose not to accept cookies or web beacons; however, this may entail that the functionality of Fyndiq's Internet services will encounter problems. A web beacon can continue to collect information regarding visitors from Your IP address, but such information will no longer be specific to You. In the event You do not wish to accept cookies or if You would like to be warned before they are stored on Your computer, You may change the settings on Your Internet browser, tablet, or mobile telephone.
Fyndiq will regularly update this personal data policy in order to reflect any changes regarding how we process personal data. In the event of any material changes which require Your consent, we will notify You.
Fyndiq AB (company reg. no. 556792-1712) is responsible for the processing of personal data. You may, of course, obtain information regarding which personal data about You Fyndiq processes and You may also request that data be corrected if it is shown to be erroneous or incomplete. Subject to applicable laws, You may also have the right to request deletion of Your personal data or restriction of processing, data portability or object to the processing of Your Personal Data, including that Your data shall not be processed or used for direct marketing.
In the event You have questions regarding this policy or Fyndiq's processing of personal data, please contact us at email@example.com. You may also lodge a complaint with the Swedish Authority for Privacy Protection, www.imy.se, or another data protection authority in the country where you are located.
Appendix 3 – Data Processing Agreement
This Data Processing Agreement ("Appendix") is an integral part of Fyndiq’s General Terms and Conditions for Merchants (“Agreement”).
Terms used in this Appendix shall have the meanings given in the Appendix. Terms not otherwise defined shall have the meaning stated in the Agreement.
When selling products on Fyndiq’s Sites, You will process Personal Data on behalf of Fyndiq as a Data Processor for which Fyndiq is a Data Controller as further detailed in Sub-Annex A. You agree to Process Personal Data on behalf of Fyndiq in accordance with the provisions of this Appendix.
You provide sufficient guarantees to implement appropriate technical and organisational measures to ensure compliance with Applicable Data Protection Laws when Processing Personal Data on behalf of Fyndiq.
If any provision of the Agreement conflicts with the terms of this Appendix, the terms of this Appendix shall take precedence where its terms provide greater protection for Personal Data.
In this Appendix the following terms have the following meanings:
"Applicable Laws" means EU/EEA laws and regulations and relevant EU/EEA Member State laws that from time to time apply to Fyndiq and You;
"Applicable Data Protection Laws" means all applicable laws, regulations and ordinances at any given time applicable to the processing of personal data, including but not limited to the General Data Protection Regulation (EU) 2016/679 (the "GDPR"); national complementary laws, rules and regulations to the GDPR; all other national laws, rules and regulations on data protection (including but not limited to laws, rules and regulations implementing the Directive on privacy and electronic communications 2002/58/EG) and all amendments or replacements of such laws, rules and regulations; and rules and regulations issued by relevant supervisory authority;
"Data Controller", "Data Subject", "Data Processor" "Processing", "Personal Data", and "Personal Data Breach", shall have the same meaning as in the GDPR;
"Data Processing Agreement" means this Data Processing Agreement and all appendices attached hereto (as amended from time to time in accordance herewith); and
"Third Country" means a country which is not a member of the European Union (EU) or the European Economic Area (EEA).
2. General obligations
To the extent You will Process Personal Data on behalf of Fyndiq, You agree to only Process Personal Data:
(i) in accordance with the instructions of this Appendix, the Agreement and any further documented instructions that Fyndiq may from time to time give and not for Your own purposes; and
(ii) in accordance with Applicable Data Protection Laws.
Notwithstanding what is stated in point (ii) above You may Process Personal Data to the extent it is necessary in order to comply with legal requirements under Applicable Laws to which You are subject. You shall inform Fyndiq of that legal requirement before the Processing, unless Applicable Laws prohibit You from providing this information.
Notwithstanding any choice of law provisions agreed between the Parties in the Agreement, Applicable Data Protection Laws shall apply to the Processing of Personal Data covered by this Appendix.
You shall immediately notify Fyndiq if You cannot fulfil Your obligations under this Appendix or if You are of the view that an instruction regarding the Processing of Personal Data given by Fyndiq would be in breach of Applicable Data Protection Laws, unless You are prohibited from notifying Fyndiq under Applicable Laws.
You shall, upon Fyndiq's request, make available to Fyndiq all information necessary to demonstrate compliance with the obligations imposed on You by this Appendix and Applicable Data Protection Laws.
3. Security measures
Obligation to Implement Technical and Organisational Measures to Protect Personal Data
You shall implement appropriate technical and organisational measures to protect and safeguard the Personal Data that is Processed against Personal Data Breaches. The measures shall at least reach a level of security equivalent of what is prescribed by Applicable Data Protection Laws, relevant supervisory authorities' applicable regulations and guidelines regarding security of Personal Data and what is otherwise appropriate to the risk of the Processing of Personal Data, including but not limited to:
(i) the pseudonymisation (where appropriate) and encryption of Personal Data;
(ii) measures to prevent transfer of Personal Data to any unauthorised person/entity, including secure communication by way of encryption of Personal Data in transit;
(iii) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
(iv) the ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident;
(v) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the Processing; and
(vi) ensuring that fixed and removable storage media which have been used for the processing of Personal Data under this Appendix is securely and irreversible destroyed when no longer used.
You shall, upon Fyndiq’s request, provide necessary information in order to allow Fyndiq to fulfil its obligations to, where applicable, carry out data protection impact assessments and prior consultations with the relevant supervisory authority under Applicable Data Protection Laws in relation to the Processing of Personal Data covered by this Appendix.
Access Controls, Confidentiality and Logging
You shall ensure that access to the Personal Data is limited to those employees of Yours who need access to the Personal Data in order for You to fulfil Your obligations under this Appendix and the Agreement. You shall ensure that the personnel of Yours only Process Personal Data in accordance with this Appendix.
You shall ensure that all employees authorised to access and Process the Personal Data have committed themselves to confidentiality in relation to the Processing of Personal Data covered by this Appendix.
You shall ensure that access to Personal Data covered by this Appendix is logged and that a record of access to Personal Data is kept in order to allow for investigations of Personal Data Breaches.
Personal Data Breach
In the event of a Personal Data Breach You shall notify Fyndiq of the Personal Data Breach in writing without undue delay, and at the latest within 24 hours, after becoming aware of the Personal Data Breach.
You shall immediately after becoming aware of a Personal Data Breach:
(i) commence a forensic investigation of the Personal Data Breach in order to determine the scope, nature and the likely consequences of the Personal Data Breach;
(ii) take appropriate remedial measures in order to mitigate the possible adverse effects of the Personal Data Breach; and
(iii) consult with Fyndiq in order to determine as to whether Fyndiq would be obligated, where applicable, under Applicable Data Protection Laws to notify the relevant supervisory authority and or the Data Subjects concerned of the Personal Data Breach.
As soon as possible following the commencement of the forensic investigation, You shall provide the following information to Fyndiq as regards the Personal Data Breach:
(i) a description of the nature of the Personal Data Breach including the categories and approximate number of Data Subjects concerned and the categories and approximate number of Personal Data records concerned;
(ii) the likely consequences of the Personal Data Breach; and
(iii) a description of the measures taken or proposed to be taken by You to address the Personal Data Breach, including, where appropriate, measures to mitigate its possible adverse effects.
Where, and in so far as, it is not possible for You to provide the above information at the same time, the information may be provided in phases without undue further delay. Following the conclusion of the forensic investigation, Fyndiq shall have a right to receive a copy, upon request, of any forensic reports in relation to the Personal Data Breach.
Where Fyndiq is obligated under Applicable Data Protection Laws to notify the relevant supervisory authority and/or Data Subjects of the Personal Data Breach, You shall provide the necessary assistance in order to allow Fyndiq to fulfil these obligations.
Right to Audit and Inspection
You shall allow for and contribute to audits, including inspections, conducted by Fyndiq or a third party auditor mandated by Fyndiq in order to ensure compliance with the obligations laid down by this Appendix. Fyndiq shall give You reasonable notice prior to exercising its audit rights. Each Party shall bear its own costs in relation to such audit. However, where Fyndiq has mandated a third-party auditor to carry out the audit on its behalf, Fyndiq shall bear the costs for the third-party auditor, unless the Parties agree in writing upon otherwise.
You shall document in writing the measures that You have taken in order to ensure compliance with this Section 3 of the Appendix, e.g. in a security policy or similar. Fyndiq has a right to, upon request, receive a copy of the documentation.
4. Use of sub-processors
You may engage outside sub-contractors, consultants or other third parties ("Sub-Processors") to Process Personal Data on behalf of Fyndiq only if Fyndiq has given its prior written authorisation.
Where You, with Fyndiq's prior written authorisation, engages a Sub-Processor for the Processing of Personal Data on behalf of Fyndiq, Fyndiq hereby authorises You to enter into a data processing agreement directly with the Sub-Processor, provided that such data processing agreement includes the same obligations as those set out in this Appendix.
In case You engage a Sub-Processor, You shall without undue delay provide the following information to Fyndiq in writing:
(i) the identity of the Sub-Processor (including full legal name, company registration number and address);
(ii) the type(s) of service(s) provided by the Sub-Processor; and
(iii) the location where the Sub-Processor will process Personal Data on behalf of Fyndiq.
You shall, in addition to the information outlined in points (i)-(iii) above, upon Fyndiq's request without undue delay provide a copy of the data processing agreement that You has entered into with the Sub-Processor in accordance with this section 4.
Where a Sub-Processor fails to fulfil its data protection obligations, You shall remain fully liable to Fyndiq for the performance of the Sub-Processor’s obligations.
Without prejudice to any confidentiality undertaking included in the Agreement, You shall keep and maintain all Personal Data in strict secrecy and not disclose the Personal Data to a third party, unless otherwise authorized in advance in writing by Fyndiq or otherwise required by Applicable Laws or for the performance of this Appendix and the Agreement. You agree that the confidentiality undertaking under this Section 5 shall survive the termination of this Appendix and continue to apply until all Personal Data have been returned or (upon Fyndiq's written request) have been deleted or anonymised in a secure and irreversible way in accordance with Section 8 below.
6. Indemnity and Liability
You shall indemnify and hold harmless Fyndiq from and against any loss and costs etc. arising from or relating to Your breach of Your obligations under this Appendix, Applicable Data Protection Laws or as a result of You having Processed the Personal Data outside the scope of or in breach of Fyndiq's lawful instructions pursuant to Section
7. Data subjects' rights
You shall assist Fyndiq by taking appropriate technical and organisational measures for the fulfilment of Fyndiq's obligation to respond to requests for exercising the Data Subject's rights as laid down by Applicable Data Protection Laws.
8. Return of personal data
Upon termination of the Agreement, You shall immediately return (and/or upon Fyndiq's written request in a secure and irreversible way delete or anonymise) all Personal Data which belongs to Fyndiq that You and/or any Sub- Processors have in its possession or control, unless You are required under Applicable Laws to continue to store the Personal Data. You shall, upon Fyndiq's request, provide a written notice as regards the measures taken by You to comply with this obligation.
9. Transfer to and processing of personal data in a third country
You agree not to transfer any Personal Data belonging to Fyndiq to a Third Country without Fyndiq's prior written authorisation.
Where Personal Data will, with Fyndiq's prior written authorisation, be transferred to and Processed in a Third Country, the Parties shall prior to such transfer of the Personal Data:
(i) verify whether the Third Country according to an adequacy decision issued by the EU Commission provides an adequate level of protection for Personal Data in which case the Personal Data may be transferred to the Third Country; and if not
(ii) ensure that there are appropriate safeguards in place in accordance with Applicable Data Protection Laws, e.g. standard data protection clauses adopted by the EU Commission under Applicable Data Protection Laws, covering the transfer and Processing of Personal Data; or (in the absence of such safeguards)
(iii) verify whether it is possible to rely on any specific derogation provided for under Applicable Data Protection Laws for the transfer of Personal Data in which case the Personal Data may be transferred to the Third Country only to the extent (i) that such derogation allows for the transfer and Processing of the Personal Data, and (ii) that Fyndiq agrees that such specific derogation may be relied on.
For the avoidance of doubt, Personal Data may not be transferred to or Processed in a Third Country if none of the conditions outlined in points (i)-(iii) above exists.
10. Term and termination
This Appendix shall be effective as long as You, or any Sub-Processors, process personal data on behalf of Fyndiq. Provisions regarding termination are found in the General Terms and Conditions.
Additions and amendments to this Appendix shall be in writing to be valid.
Description of the scope, processing and use of Personal Data covered by the Data Processing Agreement
|Categories of Data
|Categories of Personal Data||Purpose of the Processing||Processing Operations||Retention of Personal Data|
Contact details (e.g. name, address).
|For the performance of the Services under the
Fyndiq collects information about Fyndiq's customers when the customer makes a purchase on Fyndiq's Site.
|Fyndiq's Integrity Policy applies in relation to the retention of Personal Data processed for this purpose.|
Contact details (e.g. name, email address
|For the performance of the Services under the
|Fyndiq shares information about our employees with You in order to provide You with support and to communicate with You within the framework of the Agreement||
Fyndiq's Integrity Policy applies in relation to the retention of Personal Data processed for this purpose.
Appendix 4 – Handling of certain common customer service matters
1. The most common issue types
Some customer service issues are very common (see the list below) and we have therefore chosen that You can handle these issues by Yourself. Please also refer to the General Terms and Conditions for Merchants and Fyndiq’s Guidelines regarding how to act towards consumers when handling these matters.
• Complaint – wrong product
• Missing product
• Unfetched parcel
There are many other types of issues. These are handled by Fyndiq's customer service and a good and constructive cooperation is important - in accordance with laws, regulations, The National Board for Consumer Disputes’ (ARN), courts’ and other alternative dispute resolution bodies’ practices.
In the event that You exceed the applicable thresholds in the MPR (Merchant Performance Report), Fyndiq has the right to refund customers the value of the product(s) they have purchased to the extent that they are affected by the issues that caused the thresholds in the MPR to be exceeded to an appreciable extent. Please refer to the relevant Fyndiq’s Guidelines for information about the applicable thresholds, as provided for under “Information about thresholds”, which You can find here. In addition to the foregoing, Fyndiq may also undertake other measures, for example bulk solve customer service issues for the benefit of the customer, including blocking Your account and pausing planned payments for up to 2 weeks in the event that you violate the Agreement and/or if You exceed the applicable thresholds in the MPR.
2. Right of withdrawal
The right of withdrawal is a legal right for consumers. In the event the consumer exercises the right of withdrawal, Fyndiq may refund the entire price of the product and charge You for it. This also applies if the original packaging of the product is missing or destroyed. The right of withdrawal does however not apply if the original packaging of the product is sealed due reasons of health and hygiene in accordance with laws and practices.
In the event the value of the product declines because the consumer has used it to an extent greater than necessary in order to check its characteristics or functions, Fyndiq shall consult with You regarding a suitable price deduction, to the extent permitted according to applicable consumer protection laws.
3. Returning a product – defective product
If You want to perform an assessment of the complaint, You are responsible for issuing return labels or return envelopes. An assessment of complaint means that You investigate the defect on the product in more detail, the source of the defect and whether it can be fixed.
You are responsible for costs associated with returning a product, e.g. return shipping, and are also responsible for the product during transport to You. More information about how this works is available in Fyndiq’s Guidelines under “Complaint”, which You can find here.
4. Delay – late delivery or non-delivery
You understand and accept that consumer law rules allow a customer to seek various remedies in the event of late delivery or non-delivery, e.g. damages and indemnification for costs charged by banks or creditors.
5. Uncollected products
In the event the consumer fails to collect the product and it is returned to You, Fyndiq will charge the consumer for the actual shipping cost, provided that You notify Fyndiq.
However, in the event the customer informs You that they did not receive notification and the product is returned, You will not receive any compensation.
Unless Fyndiq gives notice otherwise, You are entitled to sell the relevant product after You received the returned product.
Appendix 5 – Fyndiq’s Special Terms and Conditions for Merchants supplying goods from non-EU member states
1. Scope of Application
These special terms and conditions shall apply in addition to Fyndiq’s General Terms and Conditions for Merchants and supplement accordingly Fyndiq’s General Terms and Conditions for Merchants.
In case of discrepancy between these special terms and conditions and Fyndiq’s General Terms and Conditions for Merchants, these special terms and conditions shall take precedence.
2. Import Duties, VAT etc.
The Parties accept and acknowledge that for goods imported into any of the relevant Markets from outside the EU VAT or customs territory, Fyndiq shall not act as the importer of record and as such not be responsible to submit import declarations, pay custom duties to the applicable National Customs Authority or report import VAT according to the reverse charge scheme in its National VAT returns.
You shall act as the importer of record and as such be responsible to submit import declarations, pay custom duties and VAT to the applicable National Customs Authority or, if applicable, report the import VAT in its National VAT return under the reverse charge scheme.
For the avoidance of doubt, You shall be responsible and liable for the payment of VAT and custom duties applicable from time to time which are levied by a competent authority. Fyndiq shall not be responsible for any consequences for You of the VAT and customs setup employed by the Parties from time to time.
You shall indemnify and hold harmless Fyndiq of any tax, duty or similar imposed on Fyndiq by a competent authority caused by or related to the importation of goods into any of the relevant Markets and indemnify Fyndiq for any cost incurred by administrative obligations such as custom clearance work.