WHEN DO THE BUSINESS CONDITIONS APPLY?
The business conditions apply for all online order placements of goods (Printed materials) from the supplier, Deletrykkeriet.dk IVS. In the following paragraphs, Deletrykkeriet.dk IVS is referred to as “Deletrykkeriet”, and the purchaser of goods is referred to as “Buyer”.
CONCLUSION OF AGREEMENT
Ordering of goods takes place on www.webshop-pst.com. A binding agreement is concluded when the Buyer receives an order confirmation generated from the web shop from CNH Industrial Danmark A/S and a separate order confirmation from Deletrykkeriet when the order is received in the system.
The specified price at the time of the order placement is the valid price for the good or goods. All prices are excl. VAT.
In addition to the purchase price, the Buyer pays for eventual shipping costs associated with the delivery of the good or goods.
REVISION OF AGREED PRICE
If any increases in salaries, material costs, taxes or other expenses have occurred in the time between the order placement and time of delivery, Deletrykkeriet is entitled to adjust the price of the good if such documented increases take place. In addition to the offered or agreed price, Deletrykkeriet is entitled to demand payment for:
(i) accrued labour as a result of incomplete, insufficient or inadequate materials the Buyer has provided to Deletrykkeriet, or if corrections are made to the provided materials after the work has begun. If the price for this work exceeds DKK 300, Deletrykkeriet will inform the Buyer before starting the job, and
(ii) for overtime or other precautions agreed with the Buyer after the conclusion of agreement.
TERMS OF PAYMENT
The Buyer receives an invoice when the order is shipped from Deletrykkeriet. The payment period falls after 30 days.
The date of delivery is the date the parties have agreed on. In the absence of an agreed delivery date, the delivery takes place when Deletrykkeriet has finalised the work, and when Deletrykkeriet has informed the Buyer that the good is finalised and will be delivered.
The place of delivery is the place the parties have agreed on. Delivery takes place when the good is handed over to an independent carrier, whereby the risk of loss and damage on the good passes on from Deletrykkeriet to the Buyer.
RIGHT OF WITHDRAWAL
Deletrykkeriet manufactures each good in accordance to the Buyer’s individual specifications in terms of name, logo, motive, colour selections etc. Accordingly, the good can only be sold to the Buyer. The rules of the Danish Consumer Contracts Act about withdrawal will therefore not apply, cf. the Danish Consumer Contracts Act § 18, section 2(3), cf. the Danish Consumer Contracts Act § 8, section 1(10).
Deletrykkeriet reserves the full proprietary rights with all the related rights of the good, until the Buyer have fully and permanently paid for the good.
OBLIGATION TO EXAMINE
Upon the receipt of the good, the Buyer must immediately conduct the necessary examinations to state any lack of conformities of the good.
LACK OF CONFORMITIES
Deletrykkeriet is not liable for minor deviations in relation to the approved print proof of the good. Deletrykkeriet is entitled to deliver more or less with +/- 10 percent in relation to the agreed sum.
NOTICE OF LACK OF CONFORMITY
Deletrykkeriet deliver quality goods. If the Buyer, contrary to expectations, discovers lack of conformities of the good, the Buyer must immediately and no later than three days, provide a written notice of lack of conformity to Deletrykkeriet with due specification of the alleged lack of conformity. If the Buyer does not immediately provides a notice of lack of conformity, the Buyer loses the right to claim lack of conformity towards Deletrykkeriet.
Notice of lack of conformity must, in accordance with the Danish Sale of Goods Act § 54, be claimed to Deletrykkeriet within 2 years. If the Buyer does not act within this period, the Buyer loses the right to claim an alleged lack of conformity towards Deletrykkeriet.
LIABILITY FOR LACK OF CONFORMITY
If a lack of conformity is ascertained, the responsibility of Deletrykkeriet is, at all times and all occasions, limited to Deletrykkeriet's decision to make a new delivery, remedy or to inform the Buyer about a proportionate price reduction, which may not exceed 30 percent of the good’s value. The Buyer cannot claim other remedies for breach towards Deletrykkeriet as a result of lack of conformities on a delivered good.
Deletrykkeriet is not liable for any direct or indirect loss or damage caused by a nonconforming good, including, but not limited to, any loss or damage on buildings, inventory, loss of operations and earnings etc.
If a delay occurs, the Buyer is entitled to claim remedies for breach towards Deletrykkeriet. This does only apply if the Buyer, at the same time as the conclusion of the agreement, have informed Deletrykkeriet in writing and indisputably, that the delivery must take place at the exact agreed delivery date.
Deletrykkeriet is not liable towards the Buyer for delays due to circumstances caused by Deletrykkeriet's subcontractor. If Deletrykkeriet's subcontractor delivers too late or do not deliver to Deletrykkeriet, the agreed delivery date is postponed until Deletrykkeriet can deliver the good. If Deletrykkeriet's subcontractor does not deliver materials in time, or does not deliver at all, Deletrykkeriet must inform the Buyer that the agreed delivery date is postponed without undue delay.
If delivery is completely or partially prevented due to force majeure, Deletrykkeriet is exempted for any liability towards the Buyer. Force majeure includes, among other things, labour conflicts, blockades, floods, trade embargoes and vandalism.
If any delay occurs, the Buyer is entitled to get a proportionate price reduction, which may not exceed 25 percent of the good’s value. The Buyer cannot claim other remedies of breach towards Deletrykkeriet due to a delay of an ordered good.
DISPUTIES – LEGISLATION AND FORUM
Any disagreement or dispute between Deletrykkeriet and Buyer must be settled according to Danish law by the Court in Aarhus, Denmark. Deletrykkeriet can, at all times and all occasions, choose to prosecute the Buyer at the Buyer’s court of domicile.
Personal information is solely used in relation to an order placement. Deletrykkeriet processes all personal information 100 percent confidential and in accordance with the Danish Act on the Processing of Personal Data. Potential credit card information is send encrypted to Nets with a SSL (Secure Socket Layer).