TERMS OF USE

Kelosound Oy’s Terms of Use for Webshop

Applied as of the 1st of May 2019

1. General

These webshop terms of use (“Webshop Terms” or “Contract”) apply to you (“You” or “Customer”) when You make an order from Kelosound Oy (“We” or “Kelosound Oy”) through our website www.kelosound.com or another website associated therewith (“Webshop”). We encourage You to carefully familiarise Yourself with these Webshop Terms before making any orders in the Webshop.

Any person making orders in the Webshop must be at least 18 years old, and he/she must hold a permanent delivery address within the delivery area of the Webshop. For example, mailbox addresses, hotels and other similar temporary addresses are not regarded as permanent addresses.

The Customer must accept Webshop Terms terms to be able to make any orders in the Webshop. By accepting these Webshop Terms, the Customer agrees to fully comply with these Webshop Terms and simultaneously accepts and gives his or her express consent for the processing of his/her personal data and Kelosound Oy’s use of cookies in accordance with the Privacy Policy and the Cookie Policy, and also accepts Kelosound Oy’s Terms of Use for Products and Mobile Application.

Please note that these Webshop Terms give You specific rights, and You may have other rights, which vary from jurisdiction to jurisdiction.

2. Your contracting party

Your contracting party in all orders made in the Webshop is Kelosound Oy, whose contact details are:

Kelosound Oy
VAT number: FI28045139

Email: info@kelosound.com
Telephone: +358 50 596 9078

Web billing: 003728045139
Operator: Maventa

Email billing: 28045139@scan.netvisor.fi
(file format pdf)

Billing address:
Kelosound Oy
28045139
PL 100
80020 Kollektor Scan

3. Product orders and contract formation

Product orders are made in the Webshop by adding the desired product(s) to the basket and making the respective payment in the checkout. Our order process allows You to check and amend any errors before submitting Your order to us. Please take the time to read and check Your order at each stage of the order process. Making orders in the Webshop requires that You provide us with a valid email address, phone number and delivery address. A valid VAT-number is required from corporations and businesses. A contract is concluded when Kelosound Oy confirms the order by email. The order confirmation includes the price and the costs of delivery of the order, the ordered products, as well as other information required by applicable mandatory legislation.

Information contained in Kelosound Oy’s advertising, brochures or other written materials, whether on Kelosound Oy’s Webshop or given to You, is for information only and not an offer by Kelosound Oy to supply any product(s).

4. Prices, costs and taxes

The prices only apply to orders made in this Webshop. All prices include value added tax. Only for businesses and corporations with a valid VAT number the prices will be excluding tax. The formulation of delivery costs has been described in these Webshop Terms under section 10. Shipping costs. Order-specific delivery costs are shown in the basket after the delivery address has been given to the Webshop. Kelosound Oy reserves the right to change the prices and the delivery costs applied to the Webshop, provided that any changes shall only apply to orders made after the entry into force of such changes.

5. Payment services

The Customer may pay his/her orders by using the methods of payment defined in the Webshop. You can read about the methods of payment that We offer at 6. Payment methods. Unless otherwise agreed, Kelosound Oy charges the Customer upon making the respective order. In case of invoicing, Kelosound Oy or its partners may acquire the Customer’s credit data from a third party. In such cases Kelosound Oy shall inform the Customer. Kelosound Oy reserves the right to exclude certain methods of payment at certain times, or propose to change the method of payment of a specific order, if the method chosen by the Customer does not function for some reason. Please note that the restrictions on the use of the available methods of payment are stated in the Webshop and We recommend that You read them carefully before making any orders.

6. Payment methods

The payment methods accepted are credit cards, advance bank transfer, invoice and mobile payments.

At the moment Kelosound Oy provides the following payment methods to other EU countries than Finland by using Checkout Finland Oy payment services and PayPal.

Credit card payments

It is possible to pay in the Webshop with Visa, Visa Debit, Visa Electron, MasterCard, Debit MasterCard and American Express cards. There are international Verified by Visa, MasterCard SecureCode and American Express SafeKey authentication services in use in the Webshop.

Checkout will be shown as the receiver of the payment in the credit card billing and will forward the credit card payment directly to Kelosound Oy. Paying with credit card happens securely with the safe protected payment form, and no information of the credit card will be saved to the system of the Webshop.

Mobile payments (only in Finland, Sweden, Norway and Denmark)

It is possible to pay in the Webshop with MobilePay and Masterpass, which are services functioning in the app, and with which You can pay in the Webshop as bank transfer or as card payment from Your credit card only by accepting the payment in the app.

MobilePay

Payment Terms are provided at the MobilePay web site.

Masterpass

Payment Terms are provided at the Masterpass web site.

Advance bank transfer

Advance bank transfer is possible in the Webshop by Checkout. Select the advance bank transfer, and You will receive the information with which You can pay the payment in Your own bank system as foreign bank transfer. The payment will be a transfer between Your own bank account and the Checkout bank account. There might be some additional costs for making the bank transfer. The transfer of the payment takes 1-3 business days.

Invoice payment

If You would like to pay us with a direct invoice, please contact us at info@kelosound.com.

With bigger orders, We will also be able to offer both an invoice or a credit card payment method with a payment link.

PayPal payment

Paying is also possible with the PayPal account. You can find the PayPal payment terms from here.

Read more about the payment methods:

Paypal.com
Checkout.fi
Mobilepay.dk
Masterpass.com

Additionally, for Finnish citizens, the following payment methods are also available. In order to pay with these methods, You need to make Your order in the Finnish version of the Webshop: kelosound.com/fi

– Bank payments with the following banks: Aktia, Danske Bank, Handelsbanken, Nordea, Oma Säästöpankki, Osuuspankki, POP-Pankki, Säästöpankki, S-Pankki and Ålandsbanken.
– Partial payment with the following banks: OP, Collector, Jousto and Mash (prev. Euroloan). (Linkit näihin)
– Invoice payments with the following banks: OP, Collector, Jousto, Mash (prev. Euroloan), (Linkit näihin) and Collector is also for businesses.
– Mobile payments also with Pivo and Siirto. (Linkit näihin)
– Leasing is possible with Svea Ekonomi. To apply for leasing payment, fill in the form here. Requires a Finnish company VAT number.

Delivery Terms

7. Shipping and delivery areas

The KELOSOUND® products will always be delivered directly to the given delivery address. The shipping costs of the products bought from the Webshop cover postage, handling and packaging. The shipping fees can be seen from the cart, when the product has been added to the cart and the delivery address inserted. Kelosound Oy will send an email with the tracking number of the package to the Customer, when the product has been shipped from Kelosound Oy’s warehouse.

Delivery in Finland

Deliveries can be made only to mainland Finland. We do not deliver to Åland Islands at the moment.

Delivery within the European Union

Kelosound Oy ships to all European Union countries, but not to European non-EU countries. Therefore We do not deliver to Norway or Switzerland at the moment.

We do not deliver to the following territories, which do not apply the EU Value Added Tax regime: In Germany, Büsingen und Helgoland, in the United Kingdom, Guernsey (e.g. Alderney and Sark, Jersey and Gibraltar, in Italy Livigno and Campione d’Italia, and in Spain the Canary Islands, Ceuta and Melilla. We do not deliver to Greenland and Faroe Islands.

International deliveries

For international orders and deliveries outside of the EU, please contact Kelosound Oy directly at info@kelosound.com.

8. Shipping methods

The deliveries of the products in Kelosound Oy’s Webshop are made by our cooperation partner DHL Express. Your shipment will be delivered climate neutrally with DHL Express’ GoGreen service.  With GoGreen, the logistics-related emissions are offset through various certified climate protection projects around the world.

Once Your order is ready to be shipped, and We have given Your product to DHL to be delivered from our warehouse, You will receive a shipping confirmation and also an email and a SMS text message including a DHL tracking number and estimated delivery time. By clicking the On-demand delivery link in the message, You can choose the best delivery way and time for You. You can also monitor the status of Your order by clicking on the code. DHL will deliver the order primarily to the given delivery address, but it is possible to change it within Your country.

Please note that You bear the risk of damage or loss of the products You have ordered, when the product has been delivered to You. If the packaging appears to be damaged, please do not accept the shipment. If You want to return the product, please follow the instructions in these Webshop terms under section 15. Returns.

Shipping methods to Finland

Shipping within Finland is DHL Express Domestic shipping from door-to-door. The package(s) will be delivered to the delivery address given when making the order. A phone number is required when ordering in order for DHL to agree about the time of the delivery with the Customer.

DHL Express delivers by email the tracking code of the package with which the package(s) can be monitored on the DHL website.

With DHL Express shipping, the package will be delivered within 1-2 working days of it leaving the Kelosound Oy warehouse.

Shipping methods to EU countries

To EU countries DHL Express will deliver the package to the delivery address stated in the order directly as door-to-door-service. The following delivery options can be chosen: Express Worldwide and Economy Select. Express Worldwide will ship the package(s) through airways and Economy Select will ship the package(s) with a truck. A phone number is required when making the order in order for DHL to agree on a suitable delivery time with You. After the package(s) have arrived to Your country, You will receive an email and a text message with a DHL tracking code and the estimated delivery time. By clicking the link in the message, You can choose the best possible delivery option for You, and it is also possible to change the delivery address within Your country.

DHL Express delivers by email the tracking code of the package with which the package(s) can be monitored on the DHL website.

With DHL Express shipping, the package will be delivered within 2-5 working days of it leaving the Kelosound Oy warehouse.

9. Time of delivery and delivery amounts

We will ship the product(s) ordered from the Webshop without undue delay after We have confirmed the order and payment, and in any event within thirty (30) days, i.e. four (4) weeks, of the confirmation. In the event a product You have ordered is not available, We may separately agree with You on other alternatives.

We have restricted the amount of each product model order to five (5) pieces at a time. The delivery times for bigger orders will be agreed upon separately. In case of ordering larger amounts of the products, please contact us at info@kelosound.com.

10. Shipping costs

The KELOSOUND® products are always delivered directly to the provided delivery address. The shipping costs will be calculated in the Webshop cart automatically after adding the product to the cart and providing the delivery address. Also, possible different ways of delivery can be seen and chosen in the cart after adding a product to the cart.

11. Customs payments

The price of the products ordered from the Kelosound Webshop does not include any payments for the customs. Customs payments and clearance are fully at the Customer’s own responsibility. There are no customs payments of Kelosound Oy’s products for shippings made to EU countries.

12. Limitations of liability

To the extent permitted by applicable mandatory legislation, Kelosound Oy shall not be liable for any economic losses, loss of income, loss of profits, loss of contracts, business or anticipated savings, loss of goodwill, or reputation, or special or punitive losses, nor any consequential or other indirect damage. This liability exclusion does not apply in cases of gross negligence or unlawful intent and does not apply to the liability of the seller for death or personal injury caused by the goods to any person, or where there has been a breach of a fundamental contractual obligation. To the extent permitted by applicable mandatory legislation, there are no warranties, conditions or other terms binding on Kelosound Oy other than those mentioned in these Webshop Terms.

Withdrawals and Returns

13. Withdrawals

All sales made through the Webshop are classified as a distance sale contract in accordance with applicable consumer legislation.

Full withdrawal

The Customer has a right to cancel his/her distance sale contract by notifying Kelosound Oy via the return form (Linkki tänne: www.kelosound.com/contact) or other form of notice, for example by email at info@kelosound.com, within fourteen (14) days after ordering the product(s). When the Customer cancels a product ordered from the Webshop within that time, and unless otherwise agreed upon, Kelosound Oy shall return the respective payment, including the costs of delivery, with an aim to use the same method of payment as the Customer used when making the original transaction.

Partial withdrawal

When the Customer cancels a product ordered from the Webshop after fourteen (14) days of ordering the product(s) but by the latest after fourteen (14) days of receiving the product, Kelosound Oy shall return the payment partly. The payment will be paid for a returned and undamaged product(s) with the maximum of 90% of the original price of the product(s) price paid by the Customer, excluding the costs of delivery, with an aim to use the same method of payment as the Customer used when making the original transaction. Before making the payment of the returned product(s), Kelosound will inspect and test its functionality, and according the results, calculate the amount of the returned payment.

After the withdrawal, the products need to be returned and shipped back to Kelosound Oy at the Customer’s own expense. All products must be returned carefully packed, fit for sale, and preferably in their original box and/or package. The Customer shall be liable for any impairment of products that have been used, and Kelosound Oy has the right to deduct from the repayment the difference between the original value of the product and its actual value at the time of the return. If the product can no longer be used due to such use, the Customer shall be liable for the full value of the product and for all the shipping costs.

If a product ordered from the Webshop has been returned to Kelosound Oy in accordance with the above, Kelosound Oy shall make the respective repayment through the respective payment service provider as soon as possible, and in any event within thirty (30) days after receiving the returned product. Kelosound Oy may however postpone the repayment, until the product has been fully tested and inspected.

More specific instructions as to how to return the product are found from section 15. Returns.

Withdrawal in Finland

If the Customer cancels the order in accordance with the above, the Customer must return the delivered products within fourteen (14) days, i.e. two (2) weeks, after having notified Kelosound Oy of the intention to use the right of withdrawal according to the return instructions.

The Customer must pack the product(s) carefully and add a copy of the receipt and delivery note, and send the tracking number to Kelosound Oy by email at info@kelosound.com.

Withdrawal within the European Union

If the order is cancelled after the Customer has used his/her right to cancel, the Customer must return the products within twenty-one (21) days, i.e. three (3) weeks, after having notified Kelosound Oy of the intention to use the right of withdrawal according to the return instructions.
The Customer must pack the product(s) carefully and add a copy of the receipt and delivery note, and send the tracking number to Kelosound Oy by email at info@kelosound.com.

14. Exchanges

Product(s) ordered in the Webshop may not be exchanged directly for other products. If You would like to change the product that You have ordered, You would need to return the product first according to these Webshop Terms, see section 15. Returns. After returning the product, You would need to place a new order of the product that You want. We would still like You to contact us in this kind of a situation at info@kelosound.com.

15. Returns

The Kelosound Webshop has a partial withdrawal policy for fourteen (14) days after receiving the product. Unused, intact, working, undamaged and fit for sale product(s) can be returned. The product(s) should be in their original packaging, and they need to have the product labeling and stickers in place.

Kelosound Oy does not offer a free return. The Customer is always responsible of the shipping costs when willingly returning the order.

Please follow the instructions below, if You want to make a return:

Step 1. Pack the item(s) carefully, by using the original packaging.

Step 2. Include a copy of the Receipt and Delivery Note (received in the original package) into the return package.

Step 3. Send the package(s) by using the DHL Express delivery, which You can reserve from the DHL website, or some other courier delivery as door-to-door-service.

Step 4. Make sure the package(s) covers all original address information. You can find the return address from the Delivery Note.

DHL Express’ Customer Service’s phone numbers in Europe can be found from here.

Once Your return has arrived and been processed at Kelosound Oy, We will check and test the product(s) to ensure its functionality. According to this, the amount of the refund will be determined. When the refund is credited to You, You will be notified by email.

Product defect returns during the guarantee period

In the event the Customer notices that a product bought from the Webshop is defective, or has a reason to make a complaint (section 16. Product Defects and Complaints), Kelosound Oy’s Terms of Use for Products and Mobile Application, section 11. Guarantee, and possibly also section 12. Repairs, must be followed in the guarantee procedure. After Kelosound has been contacted by email at info@kelosound.com or by contact form, due to a a defect or a fixable part in the product, the product or the part is required to be shipped to Kelosound Oy.

The returnable part will be delivered according to the email instructions sent to the Customer by Kelosound Oy. Kelosound Oy will pay for the delivery of the fixable part, and will send a new replacement part to the Customer. Kelosound Oy’s instructions concerning the delivering party will be used for the return, unless otherwise agreed upon between the Customer and Kelosound Oy.

When the fixable or broken part has been shipped to Kelosound Oy, inspections and tests of its functionality are made to the returned part. Kelosound Oy is not responsible for the costs, if the product is not defective or the breakdown of the part or machine is not due to a defect in manufacture. If a defect is discovered in the product part or machine, which is caused by the Customer, or by his/her act of neglect, the Customer will be responsible for all the costs.

16. Product defects and complaints

In the event the Customer notices that a product bought from the Webshop is defective, as defined in applicable consumer legislation, the Customer may submit a claim to Kelosound Oy. All claims must be made as soon as possible after becoming aware of the respective defect by using the contact details stated in the Webshop, however by latest within fourteen (14) days after receiving the product(s).

If You have received the wrong product, please contact us by email at info@kelosound.com or through our contact form. Select the topic “Complaint” from the dropdown menu.

In the event a claim leads to the product(s) being returned to Kelosound Oy, Kelosound Oy shall be liable for any costs of delivery caused by such return(s). When a product subject to a claim is returned and the claim is substantiated, Kelosound Oy shall credit to the Customer the compensation required by applicable consumer legislation.

Kelosound Oy strives to transfer the money within thirty (30) days of receiving the product mentioned on the notification of product defects. However, the transfer may take longer depending on the nature of the notification. If a product is returned along with a notification of product defects, but the product is not found to be faulty in accordance with consumer protection legislation, Kelosound Oy may reject the claim and charge the Customer for the shipping costs incurred in returning the product to the Customer.

These Webshop terms are not intended to limit the Customer’s legal rights nor Kelosound Oy’s legal obligations related to product defects in any way including, without limitation, repair or replacement obligations.

Any marks on the surface of the kelo wood, or the Customer’s dissatisfaction in the appearance of the kelo wood, are not sufficient as complaints. Each kelo wood is unique and weathered, therefore the product(s) delivered to the Customer will differ from the product photos on the Webshop. Only an essentially damaged surface of the kelo wood, for example during transportation, will be sufficient for a complaint.

Kelosound Oy does not guarantee the availability of all products in the Webshop. Kelosound Oy is not liable for any spelling mistakes or incorrect pictures presented in the Webshop, nor for incorrect prices or price compensations (such as price changes made by its suppliers or changes in currencies), nor for incorrect information regarding any product’s stock situation. In the event a product ordered by a Customer has been given an incorrect price, Kelosound Oy shall notify the respective Customer of the same prior to an order confirmation, and freeze the order until the Customer has accepted the new price. All pictures and photos presented in the Webshop are only to be referred to as examples, and they may not be relied upon in any way, including in relation to the amount, appearance, functionality or origin of the respective product(s). Kelosound Oy is not liable for any information provided by third parties for the purposes of the Webshop.

17. Links

Kelosound Oy may provide links to other websites that are not under Kelosound Oy’s control, and websites that are not under Kelosound Oy’s control may provide links to the Webshop. Although Kelosound Oy aims to ensure that Kelosound Oy only provides links to websites that are in compliance with privacy and security standards at least as extensive as Kelosound Oy’s privacy policy, Kelosound Oy is not liable for the security or confidentiality of any information or personal data that the Customer enters into a third party’s website. Kelosound Oy recommends that the Customer is to be careful if entering such information or data on a third party’s website, and should thoroughly read all applicable rules and practices regarding privacy.

18. Force Majeure

Unless otherwise required by applicable mandatory legislation, Kelosound Oy shall not be liable for any delays or defects that are caused by impediments beyond Kelosound Oy’s control. These include without limitation industrial actions, acts of war and terrorism, fire, lightning, changes in applicable mandatory legislation, technical problems, interruptions in power/ telecommunications/computer systems or other communication, as well as delays or defects in services provided by subcontractors caused by the aforesaid. In the event of such a situation, Kelosound Oy shall notify the Customer when it starts and when it ends. If the situation has lasted for more than two (2) months, both the Customer and Kelosound Oy are entitled to cancel the order made in the Webshop with immediate effect.

19. Changes to the Terms of Use

Kelosound Oy reserves the right to change these Webshop Terms at any time. All changes to these Webshop Terms are published in the Webshop. The changes shall enter into force, when the Customer has accepted the Webshop Terms (when making a new purchase or when surfing on the Webshop), and in any event after thirty (30) days of their publication. Kelosound Oy recommends that the Customer should visit the Webshop regularly to gain information on any changes to these Webshop Terms.

20. Invalidity

In the event a competent court, authority or arbitral tribunal rules that any section or term of this Contract is fully or partially invalid or unenforceable, the remainder of such section or term and all other sections and terms of this Contract shall remain valid and enforceable to the largest extent allowed by applicable mandatory legislation. All sections or terms that are held to be invalid or unenforceable shall be replaced by similar valid and enforceable sections and terms.

21. Applicable law and dispute resolution

All disputes arising out of or relating to these Webshop Terms, the Webshop or purchases made in the Webshop shall be primarily settled by negotiations with Kelosound Oy’s customer service (see contact information at section 2.), (Linkiksi) and finally by a competent court as determined by applicable mandatory legislation. In the event of disputes, Kelosound Oy aims to follow any decisions of the Finnish Consumer Complaint Board or an equivalent authority of another EU Member State.

The legislation applied to these Webshop Terms shall be determined in accordance with applicable mandatory legislation. Unless otherwise stipulated by applicable mandatory legislation, these Webshop Terms shall be subject to the laws of Finland and any disputes arising out of or relating to these Webshop Terms shall be settled by the courts of Finland.

Kelosound Oy’s Terms of Use for Products and Mobile Application

Applied as of the 1st of May 2019

1. General

These product and mobile application terms of use (“Product Terms”) will be applied to a binding contract (“Contract”) made between Kelosound Oy (“We” or “Kelosound Oy”) and the customer (“You” or “Customer”) defined in the order form, concerning the use of KELOSOUND® and SAUNASOUND® products (“Product”) and the mobile application (“Service”) working with the Products. In order to use the Service, the acceptance of these Product Terms is necessary. By using the Service you will accept these Product Terms and the attachments, the Privacy Notice (Tästä linkki Privacy Notice) and Kelosound License (Tästä linkki Kelosound License). Kelosound Oy’s Product Terms, Privacy Policy, and Kelosound License valid at the time can be read from Kelosound Oy’s website and/or as part of the Service.

The Service offered by Kelosound Oy is a mobile application service based on a computerised information network, with which the Customer can control his/her content and tasks related to data protection in the future, specifically according to EU’s General Data Protection Regulation. Kelosound Oy can offer extra services within the Service or to the Service for a separate payment.

The Contract is made, when the Customer orders the Service while ordering the Product from the kelosound.com webshop, and accepts the Product Terms. When making the order, the Customer will simultaneously register to the Service and also create a user account (“Account”), which will give him/her a right to use the Service for his/her own operation according to these Product Terms and other terms/instructions involved with the Product Terms.

2. The length of the Contract and withdrawal of the order

The Contract is valid for as long as the Customer does not remove the Product and the mobile application from use, or sell/give them to another owner.

After the Product has been ordered, Kelosound Oy will deliver the login information (username and password) to use the mobile application. When the Customer logs in for the first time, the usage of the Service begins. The Service will remember the login information for future usage.

The withdrawal of the order and Contract will end the possibility to use the Product and the listening of the sounds. In order for the mobile application to function, it requires a functioning email address, name and password of the Customer. The Customer is solely responsible for the removing of the statutory or otherwise meaningful material/information from the Service before ending the Contract. If You want to withdraw Your order and end the usage of the Product and the mobile application fully, please contact Kelosound Oy by email at info@kelosound.com.

3. Sound licences and sound orders

The Customer will be granted a Kelosound Licence, which will give the right to listen to the soundscapes (“Sound”) from the Kelosound Products. The Basic Sound License , which will come with Sounds attached to the starting Sound Package of the Product, guarantees the right to listen to the Sounds for as long as the Product functions properly. The length of the Basic License is dependent of the age and operability of the Product.

The Customer has the possibility to buy more Sounds with a Temporary Sound License. The orders of the Sounds are made within the mobile application’s Sound Library by ordering the Sounds for use for either one (1) month, three (3) months, or six (6) months at a time. The order period will not automatically continue as a new, as long, temporary time period as when ordered, instead the Customer has the opportunity to renew the usage period of the Sound before the order period ends. The withdrawal of the Sounds during the order period is not possible. The Temporary Sound License is valid during the chosen time/order period, and after it ends, the Sound will expire and disappear. If the Customer wants to listen to the same Sound again, the Sound requires a new order from the Sound Library, and when done so, the Temporary Sound License will be valid again. The Temporary Sound License is always valid when one or more Sounds have been bought for a period of time.

A Sound can also be granted with a Special License in special cases. With this license, the Customer will be given a special or customised Sound to use. The rights to the Special License are granted case by case.

4. Altering or transferring the Service and Product Terms

Kelosound Oy reserves the right to change and alter the Service without informing the Customer, the changes are made to the Service mainly with automatic updates. The prices of the Sounds in the Service will come into effect at the earliest in the beginning of the next order period made by the Customer.

If the change in the Service and Product Terms is essential, and the Customer has more than thirty (30) days left of the order period, the Customer and Kelosound Oy can agree to follow the earlier Product Terms and earlier Service version upon a written request by the Customer until the end of the ongoing order period.

The Customer may transfer and sell the Contract to a third party only with a written consent of Kelosound Oy at the moment. Kelosound Oy reserves the right to transfer the rights specified in the Contract fully or partly to a third party without a separate approval of the Customer.

5. Delivering the Service

The Service is delivered “as it is at the current time”. Kelosound Oy will not grant any direct or indirect guarantees of the operation or features of the Service, nor guarantee that the Service will function at all times without maintenance breaks, or flawlessly. However, the Service is available 24 hours a day per se. In addition, Kelosound Oy will try to inform the Customer about any essential breaks concerning him/her, or other faults in the Service beforehand, and also execute the updates and maintenance of the Service in a way that it would disturb the usage of the Service as little as possible.

6. Enabling and the usage of the Service

Kelosound Oy will send the Customer by email the log in information in order to login to the mobile application and the links to download and install the mobile application.

The Service is enabled by connecting the Product to Wi-Fi after login from the settings. After forming the connection, and when the Product is online, the Product is ready to play Sounds.

7. Rights and duties

The Customer is obliged to give the correct and sufficient order, registering and payment information when ordering and registering the Product. The person registering the Product ensures to be a rightful person to represent the Customer when enabling the Service. The Customer needs to inform Kelosound Oy without delay of any changes including any determinants affecting pricing. If the information given by the Customer when registering the product is proven to be false or insufficient in any way, Kelosound Oy has the right not to provide the Service to the Customer.

The Customer has no right to give away the control of the Account to a third party. The Customer may however invite other users to use the Customer’s Account under his/her control to a third party. If the Account or the information in order to use it, or the login information of the invited third party users, falls into the wrong hands, the Customer needs to inform Kelosound Oy about the matter immediately.

The Customer is obliged to follow this Contract, the law and good practices while using the Service. If not, then Kelosound Oy has the right to stop the delivery of the Service and its maintenance to the Customer. The possible breaches are misuse or abuse of the electronics/hardware, or actions leading to lapse of the guarantee, for example because of misusing the Service.

The Customer is responsible for ensuring that the data or information, which the Customer wants, or which is required to be preserved according the law, is removed or deleted from the Service before ending or transferring the Contract and/or locking the Account.

The Customer needs to inform Kelosound Oy of any deviant functionality of the Service or Products, or other possible errors.

8. Locking of the user account and storing data

Kelosound Oy will lock the Account if the Customer’s Account and/or the information enabling login has fallen into wrong hands, or the Customer has used the Service against the Finnish law, this Contract, or against good practice.

If the Account has been locked because of neglect, Kelosound Oy has the right to charge the reasonable costs for opening the Account from the Customer. The same goes for a situation where the Account and/or the information enabling login has fallen into wrong hands because of the carelessness of the Customer. Kelosound Oy will evaluate whether to open the Service again case by case.

Kelosound Oy reserves the right to delete the Account and the data inserted by the Customer, if the Account has been locked for three (3) months. Kelosound Oy reserves the right to delete the Account and the data included immediately, if the Customer has used the Service against the the Finnish law, this Contract, or against good practice.

9. The content of the Service and immaterial rights

All immaterial rights to the Service, its content, features and functionalities, and for their later changes, belong solely and fully to Kelosound Oy. The Customer is granted a non-exclusive access to use the Service by himself/herself, or in his/her own business, while the Contract is valid and according to this Contract and Product Terms. Copying, dublicating, transferring, forwarding, distributing or using the Service or its parts in any way other than agreed upon in this Contract is strictly forbidden.

The Service and its content is offered to the use of the Customer with a Kelosound License.

10. Prices and billing

The pricing period of the Sounds in the Service is the same as the order period of the Sounds in the Service. The period is charged from the Customer with the payment method chosen when making the order.

Unless otherwise agreed upon in writing, the prices of the Service and Sounds are determined according to Kelosound Oy’s valid price list. The prices can be seen in the Sound Library and they vary according to the different Sounds and Sound Packages. A legal tax will be added to the prices unless otherwise announced. The price of the Sounds is determined according to the length of the order period. The order periods may be one (1) month, three (3) months, or six (6) months long.

The Customer’s payment is made in the Service right away, when ordering the Sound, and immediately after making the payment, the right to use the Sound starts. When the order period ends, the Customer has the opportunity to renew the order period. If the order period is not renewed, the Sound will disappear from the Customer’s use.

Guarantee and maintenance

11. Guarantee

Product

Kelosound Oy grants a one (1) year, meaning twelve (12) months, guarantee to all its Products. The guarantee covers the product defects caused by the manufacturing or damages during transport. The errors and mistakes of the functionality in the Service can be fixed more quickly with the help of remote access.

The guarantee lapses if:

– the electronics and the components are opened and/or removed from the Product.
– one of the seal stickers or glues are broken or torn.
– the Product has been used against the warnings and/or against the instruction manual, and because of it, the Product breaks.
– the Product falls down or drops and breaks because of it.
– the Product has been used with another power supply than the one provided with the Product.

Mobile application

Kelosound Oy does not grant a guarantee for the mobile application, but is obliged to fix the possible errors and mistakes in functionality in the mobile application as soon as possible after they have been revealed. If encountering a problem in the mobile application, please contact us by email at info@kelosound.com.

12. Maintenance

The maintenance and service of the Kelosound Oy Products are always done by Kelosound Oy, a representative maintenance company of Kelosound Oy, or a cooperation partner of Kelosound Oy. In situations requiring maintenance, please contact us directly by email at info@kelosound.com, or through the contact form. (Linkki tänne: kelosound.com/contacts)

During the guarantee

During the guarantee, Kelosound Oy is primarily obliged to maintenance or repair the product defects caused by the manufacturing, or to replace the Product or Product part with the defect with a new similar Product or Product part. More precise information about returning the Product at Kelosound Oy’s Webshop Terms section 15. Returns. (Linkki: kelosound.com/service/#returns)

It is not possible in normal use over time for any defects to appear to the wood or the leg, which would be covered by the guarantee. The Customer has fourteen (14) days after receiving the Product to make a complaint or to inform about a Product defect in these parts of the Product.

After the guarantee

Kelosound Oy will provide, if requested, maintenance service after the guarantee. An offer of any maintenance, repair or installation tasks performed after the guarantee will be made upon request, and charged from the Customer, case by case.

Remote maintenance and updates

The remote maintenance will be provided if needed, and with the permission of the Customer. When the Customer gives the permission for the remote maintenance, it is possible for Kelosound Oy to repair the Product remotely via Internet access.

The updates will be done automatically to the Service via Internet access. In order to download and install the updates, the Product needs to be switched on and connected to the Wi-Fi in the online mode. The updates do not require other tasks from the Customer.

13. Limitations of liability

The content of the Service has been created by using several different sources. Kelosound Oy will try to produce as liable, inclusive, and up-to-date content as possible. Nevertheless, Kelosound Oy will not guarantee the authenticity, validity, fidelity or extent of the information or other materials in the Service. Kelosound Oy is also not responsible for any false, insufficient, or ambiguous information used by the Customer and the possible harm it may cause. The information, instructions or advice in the Service are not meant to be legally or otherwise binding.

The Customer will use the Service discretionarily and with his/her own responsibility. Kelosound Oy is not be responsible for any actions of the employees or otherwise authorised persons of the Customer.

Neither party of this Contract will be responsible for any indirect or implicit harm or damage caused to the other party. The limitation of liability does not apply to any damage or harm, which has been caused intentionally, or with an aggravated carelessness, nor any damage or harm which has occured, when the Customer has granted the right(s) to use the Service to a third party.

The all-encompassing responsibility of Kelosound Oy has been limited to the amount of six (6) months of payments made by the Customer prior the the harm or damage (excluding tax).

14. The use of personal data

Kelosound Oy is allowed to collect and handle personal data in order to provide the Service. The applicable data protection laws are followed, when handling the personal data. The responsibilities and the obligations of handling the personal data by Kelosound Oy are defined more closely in the attachment Privacy Policy.

Kelosound Oy has to delete the handled personal data, if so requested in writing by the Customer. Kelosound Oy will delete the personal data within six (6) months according to the terms in the Privacy Policy, unless otherwise agreed upon. The removal and deleting of the personal data may lead to the non-functionality or failure of the Service. More details about the handling of the personal data of the users of the Service can be found from the Privacy Policy.

15. Other terms

Both Kelosound Oy and the Customer commit to keep the given trade secrets and other understandably confidential information and materials of the other party secret.
Kelosound Oy reserves the right to use the Business Customer’s company name and logo as a reference, unless the Customer has specifically forbidden it. We will use Consumer Customers as a reference only by asking permission first from the Customer.

16. Changes to the Terms of Use

Kelosound Oy reserves the right to change these Product Terms at any time. All changes to these Product Terms are published in Kelosound Oy’s webshop. The changes shall enter into force when the Customer has accepted the Product Terms (when making a new purchase or when surfing on the webshop), and in any event after thirty (30) days of their publication. Kelosound Oy recommends that the Customer should visit the webshop regularly to gain information on any changes to these Product Terms.

17. Invalidity

In the event a competent court, authority or arbitral tribunal rules that any section or term of these Product Terms is fully or partially invalid or unenforceable, the remainder of such section or term and all other sections and terms of these Product Terms shall remain valid and enforceable to the largest extent allowed by applicable mandatory legislation. All sections or terms that are held to be invalid or unenforceable shall be replaced by similar valid and enforceable sections and terms.

18. Applicable law and dispute resolution

All disputes arising out of or relating to these Product Terms, the webshop, or purchases made in the webshop shall be primarily settled by negotiations with Kelosound Oy’s Customer Service, and finally by a competent court as determined by applicable mandatory legislation. In the event of disputes, the matter will be settled in the district court of Helsinki, Finland.

Even if some part of this Contract would be stated as invalid, illegal or as invalid for claim, it will not affect the other parts of this Contract, which will stand.

19. EU Declaration of Conformity

The Products have been type-examined in accordance with standards EN55032, IEC 61000-4-2, IEC 61000-4-3, IEC 61000-4-4, IEC 61000-4-5, IEC 61000-4-6, IEC 61000-4-11 and IEC 62368-1:2014 for radio and electronic machines. Information on the declaration of conformity is available from the links below.

EU-vaatimustenmukaisuusvakuutus PDF
EU Declaration of Conformity PDF
EU-försäkran om överensstämmelse PDF

20. Operating Manual

The operating manual for the Products is available from the links below.

(Linkitetään jokainen omaan pdf:äänsä)

KELOSOUND® Käyttöohje PDF
KELOSOUND® Operating Manual PDF
KELOSOUND® Brunsanvisning PDF

Mobile application

The operating manual for the mobile application can be found from the mobile application in the future.

21. Care instructions and warnings

Our goal at Kelosound Oy is to make our Products durable. When the Products are attended right, they will function and last for a very long time. Therefore, follow these care instructions and warnings.

Kelosound Oy manufactures two different Product Categories: the KELOSOUND® Products and the SAUNASOUND® Products. Below are the safety warnings for both Product Categories.

Warnings of the KELOSOUND® Products:
– Please do not expose Your KELOSOUND® Product to fire or heat. Do not place Your KELOSOUND® Product in front of a fireplace or radiators.
– Do not expose Your KELOSOUND® Product to moisture or water. Do not place your KELOSOUND® Product to a bathroom or to any wet room. Do not place any items containing water on top of the KELOSOUND® Product.
– Do not place any items on top of Your KELOSOUND® Product. Because of the vibration of the wood, the items may fall.
– Long-term listening of the KELOSOUND® Product with the highest volume is not recommended, because the KELOSOUND® Product is capable of playing the sound with the power of over 85 decibels, and it may weaken or damage the hearing. Also when pressing Your ear against the KELOSOUND® Product, it is not recommendable to play the sound with high volume.
– The KELOSOUND® Product is only meant to be used in an inside space. The usage of the KELOSOUND® Product outside is forbidden. Do not place Your KELOSOUND® Product to the balcony or terrace. The KELOSOUND® Product can not endure the outside moisture and the changes of the weather.
Because the KELOSOUND® Products are made of dry wood, it is possible that the sound and resonance of the wood changes a little in a humid or dry climate. Take care of Your KELOSOUND® Product, and do not place it in a humid place or direct sunlight.
– Keep the KELOSOUND® Product away and clean from dust or sand, in order for the electronics to function properly.

– Do not knock down or drop the KELOSOUND® Product. We will not guarantee the operability afterwards, nor will the guarantee of the KELOSOUND® Product cover the break down of the KELOSOUND® Product after falling.

– Do not open or remove the electronics from the KELOSOUND® Product, or else the guarantee will lapse, and We will not guarantee the functionality of the KELOSOUND® Product afterwards.

– The maintenance of the KELOSOUND® Product can only be done by Kelosound Oy, or according to the instructions given by Kelosound Oy.
– Do not cling or hang on to the KELOSOUND® Product or climb or sit on top of it.
– The KELOSOUND® Product is only allowed to be used with the power supply provided with it.
– Do not block the air holes of the KELOSOUND® Product, let the air flow freely to the KELOSOUND® Product and around it.
– The KELOSOUND® Product is only allowed to be used in an upright position.

Warnings of the SAUNASOUND® Products:

– The installation of the SAUNASOUND® sound system can only be done by Kelosound Oy or a representative technician of Kelosound Oy. Do not uninstall the equipment after the installment. We will not guarantee the functionality of the system if done so.
– Do not open or remove the electronics from the SAUNASOUND® Product, or else the guarantee will lapse, and We will not guarantee the functionality of the SAUNASOUND® Product afterwards.
– Do not exposure the SAUNASOUND® control unit to water, moisture, cold or heat. The control unit will not be installed inside a sauna, bathroom, wet room, or to an outside space. The installation will always be done outside the sauna and bathrooms to a dry inside space or technical room.
– Long-term listening of the SAUNASOUND® Product with the highest volume is not recommended, because the SAUNASOUND® Product is capable of playing the sound with the power of over 85 decibels, and it may weaken or damage the hearing.
– The SAUNASOUND® Product is only allowed to be used with the power supply provided with it.
– Do not block the air holes of the SAUNASOUND® control unit, let the air flow freely to the control unit and around it.
– The maintenance of the SAUNASOUND® Product can only be done by Kelosound Oy, or according to the instructions given by Kelosound Oy.

Care information on materials

Kelosound Oy’s Products are made to withstand time and to stay beautiful. The wood parts are already hundreds of years old, and if kept well, it will stay the same and withstand time. By following the Product’s care instructions, You will enable Your Product to remain beautiful for as long as possible.

Care instructions for the electronics

You are not allowed to remove the electronics from the Product or to maintenance it by Yourself. If there is dust in the air holes, it can be removed with a dry cloth. The maintenance of the product can only be done by Kelosound Oy, or according to the instructions given by Kelosound Oy.

If the system overheats for some reason, the fanning systems inside will be activated, and sound/electricity will be cut off. Wait for the system to cool down. If the heating happens for a clear reason, try to avoid a situation that overheats the system.

If problems appear with the electronics, or if overheating happens often please contact Kelosound Oy at info@kelosound.com.

Care instructions for the kelo wood

Keep Your KELOSOUND® Product in room temperature. Do not expose it to heat or moisture. Do not clean the wood with water or scrub it, as it may harm the delicate surface of the wood. Any sharp item can damage the surface of the wood. The wooden details on our KELOSOUND® Products need no constant care or cleaning in order to stay beautiful and in good condition for as long as possible. You may carefully use a dry cloth to take off the dust from the top of the wood.

Care instructions for the leg parts

The leg has been manufactured of a durable steel. If the leg is hit, it might cause cracks and peeling in the paint surface. If the leg gets dirty, it can be cleaned with a wet cloth.

Frequently Asked Questions

Webshop and paying

1. Is online shopping safe?

We treat your customer information as confidential and will not pass it on to third parties. We use a secure SSL connection to protect the connection between the webshop and your computer. We safeguard the security of our webshop by continuously developing and testing it.

2. Can I cancel my order?

The order can be withdrawn fully within fourteen (14) days after placing the order or after that as a partial withdrawal. See details at Kelosound Oy’s Webshop Terms section 13. Withdrawals. (Linkki tänne: kelosound.com/services#withdrawalsandreturns)

3. Can I modify my order afterwards?

When your order is paid, it will automatically be transferred to assembly and delivered to you, and therefore the order can no longer be changed. Even so, in such a case we would advise you to contact us by email at info@kelosound.com for whether the changes are possibly easily done, although we will not guarantee the possible changes will succeed.

4. Can I combine two orders that I have placed?

We process each order individually and cannot combine them later.

5. Can I order online and pay by invoice?

In our webshop, it is possible for both consumer and business customers from Finland to pay with an invoice. With orders bigger than five (5) pieces of the same product, it will be paid with an invoice, but not through the webshop. EU citizens can also pay with an invoice. It this case we would advise you to contact us by email at info@kelosound.com.

6. May the order be somehow cancelled after the order confirmation?

We try to deliver all orders according to the order confirmation, but in very exceptional cases it may be possible that when there are several orders of the same product simultaneously that the product is momentarily not available. In these cases we will contact the customer directly.

7. How can I return the products I have ordered?

Returning is possible by sending info about the return by email at info@kelosound.com or through the contact form. (Linkki kelosound.com/yhteystiedot) See Kelosound Oy’s Webshop Terms section 15. Returns. (Linkki: kelosound.com/services#withdrawalsandreturns)

8. Does the return policy apply to all products?

The right to return applies to items that are unused and intact. The product must be in its original package. The customised products, like the SAUNASOUND® product, do not have the return possibility.

9. I would like to change my product to another product – how do I proceed?

If you want to change the product through the webshop, first you need to return the product according to the instructions, and then make a new order in the webshop. You can also ask about the possibility for a change directly from Kelosound Oy. Please read more under Kelosound Oy’s Webshop Terms section 14. Returns.

10. The product I received is faulty, or I noticed a defect when I used it. What should I do?

We apologize for the faulty product. In the event of a product defect, you can contact us by email at info@kelosound.com or through the contact form. Select Complaint from the form’s dropdown menu. If we can verify the product defect, we will refund the price according to our complaint policy. Please read more under Kelosound Oy’s Webshop Terms section 16. Product defects and complaints.

11. I wish to change the delivery address for the order. What should I do?

You will receive an email and a text message with a DHL tracking code and estimated delivery time soon after the package has left our warehouse. By clicking the link in the message, you can choose the best possible delivery option for you, or you can change the delivery address within the same country.

12. Can I order products to another country?

Kelosound Oy’s webshop delivers orders to all EU countries. Therefore products may be ordered also to other countries.

13. Can I order products for a company, for example as business gifts?

Yes, you can always select a separate shipping address. You can also order products for a company, for example by using the company’s credit card as the means of payment. If you would prefer to place an order and receive an invoice, please contact us by email at info@kelosound.com.

14. How long is the delivery time?

The delivery time is four (4) weeks, meaning thirty (30) days.

15. How will the recipient be informed of the delivery?

The recipient will be informed by the shipping provider. However, if the product is ordered as a present, it is a good idea to inform the recipient of the upcoming delivery so they know to expect it.

16. Do I have to register to place orders online?

No. You may shop online without registering as a customer or signing in. Please note that you can not review your order afterwards from our site. The orders and personal data of the order will be later accessible through the Kelosound Oy’s mobile application.

17. How do I pick up the larger models (Lean Kelo or Mammoth Kelo) from the post office, or will they be directly delivered?

All our products will be delivered directly to the provided shipping address given to us when purchasing the product.

Products

18. How does the sound come from the KELOSOUND®product?

The sound comes from the KELOSOUND® product in a way that the wood resonates, vibrates and plays the sound. The wood becomes a speaker, and the sound is played with the help of the wood. By pressing your ear against the KELOSOUND® wood, the sound begins to resonate in the skull bones, taking you to the middle of nature.

19. Can I hear the sounds, if I don’t go close to the wood or hug it?

Yes, you can hear the sound at all times, and the sound comes from the wood in 360 degrees filling the room entirely with the nature sounds. The sound plays from the product without the need for hugging. The hugging and pressing the ear against the product creates a deeper relaxing sound experience, even though it is not necessary. We suggest to adjust the volume lower when hugging the wood.

20. How does the KELOSOUND® product work?

The KELOSOUND® products work together with the mobile application with which you can control the sounds. The products will work with a Wi-Fi connection.

21. How is KELOSOUND® different from a normal Bluetooth speaker?

The KELOSOUND® product is not a normal speaker, because the wood resonates and becomes a speaker. When you press your ear against the wood, the sound will also start to resonate in the skull bones, and will take you to the middle of nature. The sounds will be played from the wood through Wi-Fi with a mobile application. Therefore, we also offer the sound content to the product as a service. The product is also a huggable and relaxing well-being device. It is also a design product, and a beautiful element as part of the interior design. We will bring a piece of nature to an inside space and closer to people.

22. How is the price of the KELOSOUND®product formed?

The KELOSOUND® products are fully made as handicraft in Finland. The wood pieces are all unique and approximately 250-500 years old pieces of kelo wood (naturally dried wood, which takes a minimum of 120 years for a pine tree to die and become kelo wood), which will be chosen individually to become the product. The products also include a new kind of sound technology developed by Kelosound Oy, based on which the product and the sound service works. The sounds have been recorded by sound artist Kirsi Ihalainen around Finland’s wilderness during several years.

23. Can I buy only the sounds or the mobile application with sounds without the KELOSOUND® product?

The sounds or the mobile application only can not be bought as separate from the KELOSOUND® product. The mobile application with the sounds always comes with the KELOSOUND® or SAUNASOUND®product.

24. How can I order SAUNASOUND®?

Please contact us by email at info@kelosound.com or fill the offer form, (Linkki tänne: kelosoud.com/saunasound) if you are interested in purchasing SAUNASOUND®. We will need details about the customisation of the product, including a possible on-site installation, in order to make an offer. The offers will be negotiated individually.

25. How does the price of the SAUNASOUND®sound system form?

The pricing of the SAUNASOUND® sound system is dependent on the size of the sauna and the sound content coming to the space.

26. How can I order a bigger amount of KELOSOUND® products to my company?

At the moment, it is possible to order a maximum of five (5) pieces of each model of the different KELOSOUND® products in our webshop at a time. Please contact us directly by email at info@kelosound.com, if you are interested in ordering a bigger amount, and we can provide you an offer of the products. Billing for bigger batches will be done with an invoice.

Sounds / Mobile App

27. What kind of sounds can be played from the products?

At the moment it is possible to listen different kinds of Finnish nature and animal sounds from the KELOSOUND® and SAUNASOUND® products. Please read more about the sounds and listen to them from here. (Linkki tänne: kelosound.com/soundscapes)

28. How many sounds does the KELOSOUND® product have?

The KELOSOUND® product includes four (4) sounds, according on the chosen sound package. After installing the KELOSOUND® mobile app and accessing the sound library, it is possible to buy as many sounds as wanted from the sound library. There will be over 100 sounds, when the sound library is published during the summer of 2019.

29. What different sounds can be chosen with the product?

With the KELOSOUND® product, it is possible to choose one sound start package from two (2) different sound packages. The sound packages are the Relaxation package and the Adventure package. Please read more about the sound packages and listen to the sounds here. (Linkki tänne: kelosound.com/soundscapes)

30. How many and what kind of sounds can be found from the sound library?

The sound library has not been published yet, but the sound library will have several hundreds of different nature and animal sounds. We will publish more information about the sounds later during the year 2019.

31. How can I buy more sounds?

For now you can buy more sounds to your product by contacting us by email at info@kelosound.com.

In the future, the sounds can be bought directly from the sound library within the mobile application with different electronic payment methods. When choosing a sound, just confirm your purchase, and the sound will be downloaded immediately to the KELOSOUND® mobile application and then can be played from your KELOSOUND® product.

32. Is it compulsory to pay royalties to organisations for the sounds, like TEOSTO?

No, the KELOSOUND® and SAUNASOUND®products’ sounds can be listened to in any space without the need to pay any royalties to any organisations.

33. Is it easy to use the mobile application?

The mobile application is very easy to use and also instructed. It has been made very simple to use. The instructions as a help function will later also be included into the mobile application after the release of the sound library.

34. Is it possible to also buy a mobile device with the product?

Yes, through us it is possible to also order the mobile devices together with the products. We are also able to customise the mobile application with the device. For example, in a hotel room it is possible to have both the SAUNASOUND® sound system and the KELOSOUND® product, which can be controlled with the same mobile device within the room and with different user rights than the hotel owner can remotely.

35. Can several people control one product simultaneously or can several products be controlled with one mobile device?

Yes, it is possible to control the KELOSOUND® and the SAUNASOUND®products with one mobile device, or with several mobile devices simultaneously, either with the same login info and/or with different account rights.

36. What languages are provided in the mobile application?

At the moment the English version is available. Soon we will provide also the Finnish, German, Russian, Chinese and Japanese versions.