Terms and conditions
1.0 VALIDITY
1.1 The following general sales and delivery conditions apply to all offers, sales and deliveries, unless otherwise agreed in writing.
1.2 In the event that a written agreement entered into between buyer and seller is unclear, the agreement must be interpreted in accordance with the sales and delivery conditions below.
2.0 OFFERS AND INTERMEDIATE SALES
2.1 All offers are made in writing. Upon the buyer's acceptance, the Seller prepares an order confirmation. Only when the Seller has prepared an order confirmation, which is signed by the Seller and the buyer, is a final/binding agreement entered into, which is thus not established by the buyer's acceptance of the Seller's offer.
2.2 All offers regarding stock products are, however, subject to intermediate sales, until the buyer's acceptance has been obtained.
3.0 PRODUCT INFORMATION
3.1 All information and data in the Seller's material about product information and price lists can neither directly nor indirectly be considered to contain guarantees and are only binding to the extent that the agreement expressly refers to these.
3.2 The seller has the exclusive right to the aforementioned material, which may not be copied or used for anything other than what was agreed upon or handed over to a third party without consent,
4.0 PRICE
4.1 All prices are stated in Danish kroner, e.g. VAT, and the buyer must tolerate price changes as a result of changes in customs, taxes, levies and the like. in the period between the offer and payment dates.
4.2 If sales have been agreed in foreign currency, the Seller reserves the right to price changes as a result of changes in exchange rates during the said period.
4.3 If the delivery is a partial delivery, the Seller reserves the right to price changes in accordance with the above clause. 4.1 and point 4.2 for each partial delivery, unless otherwise agreed in writing.
5.0 PAYMENT
5.1 Payment is made in cash upon delivery, unless otherwise agreed in writing or specified in the invoice.
5.2 After the due date, interest is calculated at 2% per month started and compound interest.
5.3 The Buyer is not entitled to offset against the purchase price, unless the counterclaim is acknowledged in writing by the Seller.
5.4 The seller is entitled to demand advance payment, collateral or a bank guarantee for the purchase price as a condition for the execution of the order.
5.5 After the agreed delivery time, the goods sold are at the buyer's risk, and warehouse rent will be charged according to the Danish Freight Forwarders' Association standard rates.
6.0 OWNERSHIP
6.1 The sold remains the Seller's property until payment of all amounts, incl. default interest relating to the delivery has been paid in full. The goods can be demanded by the Seller to be returned from the buyer or a third party without documentation of default on the part of the buyer, until payment has been made. The buyer undertakes to assist in the return of the delivery.
7.0 DELIVERY
7.1 Agreed delivery clauses must be interpreted in accordance with the Incoterms that apply when the agreement is concluded. Unless otherwise agreed in writing, delivery takes place ex stock.
7.2 The seller reserves the right to partial delivery and invoicing of partial delivery.
8.0 LIABILITY FOR DELAYS
8.1 Delivery within 2 weeks of the agreed delivery time is not considered late delivery.
8.2 The Seller is also not responsible for delay, unless it can be proven that the delay can be attributed to the Seller or others for whom the Seller is responsible as negligent.
8.3 Indication of delivery dates is determined at best discretion, but the Seller reserves the right to postpone the date due to circumstances which are specified in section 13.0.
9.0 INSTRUCTION AND EDUCATION
9.1 Instruction and training provided by the Seller are only included in the sale if this has been agreed in writing.
9.2 All instruction and training must be used by the buyer within 12 months of delivery.
10.0 LIABILITY FOR DEFECTS
10.1 Upon delivery, the buyer is obliged to examine the delivered before the products are put into use and cannot later claim defects that should have been discovered by the buyer during such an examination.
10.2 The seller is entitled to remedy any defects in case of redelivery/subsequent delivery within a reasonable time.
10.3 If remedial action cannot take place, the Seller reserves the right to issue a proportional refusal or to take back defective products against reimbursement of the purchase price, without the Buyer being able to assert further liability towards the Seller.
10.4 The buyer's rights of default expire if the buyer or a third party without the consent of the seller makes technical changes or carries out repairs themselves with non-original parts.
11.0 COMPLAINTS
11.1 In the event of defects, the buyer must report to the Seller in writing immediately after delivery.
11.2 Complaints about defect claims made to the Seller after 12 months from the delivery date are irrelevant to the Seller.
11.3 A maximum of 12 months right of complaint is granted,
11.4 No warranty is provided for used goods. In the case of individual used products, a guarantee can then be provided, by separate agreement.
11.5 The seller does not receive goods back. If it is separately agreed that the seller takes goods back, the goods must be unused, in perfect condition and in original and unbroken packaging. The goods must also be free of dirt etc. However, the Seller will never receive goods that are specially produced and or taken home to the buyer. The buyer is responsible for covering return costs.
12.0 LIABILITY
12.1 The Seller is liable for defective products to the extent stated in the Purchase Act. The buyer must treat the products as good business practice prescribes - and the buyer must do what is necessary to avoid loss or damage to the products.
12.2 The Seller is also only liable for personal injury if it is documented that the damage is due to gross negligence or gross negligence on the part of the Seller.
12.3 The seller is not liable for property damage after delivery and otherwise not for damage that occurs while the sold item is in the buyer's possession, or if the sold item is part of the buyer's products or if the goods are not used for commercial purposes.
12.4 Should the Seller be charged with product liability towards a third party, the buyer is obliged to indemnify the Seller to the extent that it follows the above, including all consequential damages.
12.5 The Buyer is obliged to be sued at the same venue and according to the same choice of law as the Seller.
12.6 If a third party makes a product liability claim against one of the parties, this party must immediately notify the other,
13.0 FORCE MAJEURE
13.1 The seller is not liable for full or partial delay or non-performance as a result of force majeure, including war, rebellion, strike, lockout, blockade, export and import ban, seizure, currency restrictions, general product shortages, lack of labor and means of transport, shortages in deliveries from subcontractors or delay with such, fire, natural disasters or similar circumstances which the Seller has not been able to prevent.
13.2 The seller must notify the buyer in writing of such circumstances without undue delay.
13.3 Each of the parties may, without liability, cancel the agreement in writing when performance has been impossible for more than 3 months due to force majeure.
14.0 LIMITATION OF REMEDIES
14.1 The seller is not liable for operating loss, loss of profit or other indirect loss or damage incurred by the buyer or a third party, and regardless of whether a liability is due to delay, defect or product liability. As far as liability for defects is concerned, the compensation can be max. petition the invoice value.
15.0 CHOICE OF LAW AND JURISDICTION
15.1 Any disagreement between the parties shall be settled according to Danish law at the Court in Sønderborg
16.0 COOKIES
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17.0 APPEAL OPTIONS
17.1 If you have a complaint about a product purchased in our webshop, a complaint can be sent to:
The Danish Competition and Consumer Authority's Center for Complaint Resolution
Carl Jacobsens Vej 35, 2500 Valby
Or: www.forbrug.dk
If you are a consumer residing in another EU country, you can register your complaint in the EU Commission's online complaint platform.
http://ec.europa.eu/consumers/odr/
If you submit a complaint here, you must provide our e-mail address: info@kvia.dk