Terms and Conditions
Version 1.0 of May 2016
1. General Matters
Unless otherwise agreed in writing, these terms and conditions (hereinafter “the Terms”) for Konservatorfirmaet Trophy Art v/ Jacob Strunge, CVR No. 26217466, Varregårdvej 10, Veerst, DK-6600 Vejen, phone +45 22911527, e-mail: gudrun@trophyart.dk (hereinafter ”Seller”) shall apply to all deliveries to buyers.
All correspondence between the parties shall be by e-mail, unless otherwise agreed.
2. Offers and Order Confirmations
A written offer by Seller which does not state any deadline for acceptance shall lapse if an identical acceptance does not reach Seller within seven days from the date of the offer. Verbal offers shall be accepted immediately.
Buyer shall have 14 days from receipt of the order confirmation to propose changes to the order. If no such proposals have been received prior to this deadline, the work shall be performed as agreed.
3. Prices
All prices shall be indicated in DKK, inclusive of VAT, customs duty, taxes and any other charges. Reservation is made for typos, pricing errors as well as changes in VAT and other taxes.
The price does not include shipping costs as buyer shall be responsible for shipping, cf. item 6.
4. Payments
An invoice for the deposit shall be submitted and collected immediately upon buyer’s receipt of the order confirmation. The outstanding amount shall be paid at pick-up. Seller shall not commence work on the order until buyer has paid the invoice for the deposit. In case of delayed payment of such invoice, the delivery time shall be postponed accordingly.
Payment shall be effected no later than eight days from the date of an invoice. In case of delayed payment, interest shall be charged in accordance with the Danish Interest Act. Payment by offsetting shall not be permitted if the counterclaim is disputed. Failure to comply with Seller’s payment terms shall be considered as a material breach which shall permit Seller to stop further deliveries and demand that all receivables – due as well as undue – shall be paid immediately. For each reminder notice a late fee of DKK 100.00, inclusive of VAT, shall be collected.
Seller shall be entitled to detain the product until buyer has paid the outstanding amount.
5. Right of Cancellation
Buyer shall not have any right of cancellation, cf. the Danish Act on Consumer Contracts, Section 18 (2), Item 3. Purchases of products which are manufactured according to buyer’s specifications or products which bear a distinctly personal imprint cannot be cancelled. However, buyers shall have 14 days from receipt of the order confirmation to propose changes to the order.
6. Delivery and Shipment
The product shall not be delivered or shipped to buyer unless otherwise agreed in writing. The product shall be picked up at Seller’s address.
In connection with all shipments which might be handled by Seller it is a condition that the unloading location shall be accessible by passable road. Buyer shall be responsible for immediate unloading, and possible waiting time shall be at buyer’s expense. Shipping costs shall be paid by buyer, and buyer shall accept all shipping risks.
7. Delivery Time/Pick-Up Date
Unless otherwise agreed, the pick-up date shall be six months. The pick-up date shall be estimated as “early” or “late” during the relevant month, but may deviate in special cases. The pick-up date shall be advised verbally in connection with buyer’s placement of the order.
The delivery time shall be determined by Seller at Seller’s discretion in accordance with circumstances prevailing at the submission of the offer and/or the finalisation of the agreement. Unless otherwise agreed in writing, a postponement of the pick-up date by 28 calendar days shall in all respects be considered as timely delivery, and buyer shall not be entitled to any remedies from Seller in connection with such postponement. Seller shall inform buyer about changes in the pick-up date without undue delay.
8. Passing of Risk and Insurance
The product shall be deemed delivered when buyer has received notice that the product has been completed and is ready for pick-up. From this point in time buyer shall bear the risk of accidental loss or deterioration.
Seller has taken out insurance in the amount of DKK 10,000.00 per trophy. Buyer is encouraged to take out an independent insurance in case of loss, deterioration, theft or vandalism.
The handed-over trophy etc. will typically be covered by buyer’s own home insurance for 12 months from the date of hand-over. However, it shall be the responsibility of buyer to ensure that the trophy is covered by insurance and thus the responsibility of buyer to take out insurance prior to hand-over.
Relevant to the value of a trophy, buyer is encouraged to ensure that buyer’s home insurance is sufficient to cover the trophy in the location where it shall be placed, mounted or stored.
9. Deficiencies and Complaints
In connection with pick-up, buyer shall examine the product for possible deficiencies. If buyer wishes to submit a claim for a deficiency, buyer shall inform Seller accordingly within a reasonable period of time. Otherwise buyer shall forfeit the right to claim any deficiencies.
The right to complain does not include defects, damages or wear and tear which are caused directly or indirectly by improper handling, poor/inadequate maintenance, brute force or unauthorised actions.
Seller shall have the option to either remedy possible deficiencies or grant buyer a reasonable reduction of the purchase price. In connection with remedies, buyer shall be responsible for returning the product and bearing the shipment costs. Buyer shall likewise bear the risk during the return of the trophy to Seller.
If buyer has not submitted a claim for deficiencies within two years from the pick-up date, buyer’s right to claim any deficiency shall lapse.
Any changes or measures to the product without Seller’s acceptance shall exempt Seller from any form of liability and any form of obligation.
Seller does not guarantee purchased products or delivered services.
The stipulations of the Danish Sale of Goods Act shall apply between the parties.
10. Retention of Title
Subject to the limitations which follow from mandatory rules of law, Seller reserves the right of title to sold products until the entire purchase amount and costs incurred in connection with delivery, shipment and insurance, if any, by Seller on buyer’s behalf have been paid by buyer. Until such time, buyer shall not be entitled to resell or otherwise dispose of the product in a way which violates Seller’s title.
11. Limitation of Liability
Buyer shall be entitled to compensation for direct losses in connection with claims which relate to Seller’s compliance or non-compliance with Seller’s obligations, with the following limitations: Seller’s liability shall be limited to direct damages/losses. In addition, irrespective of the cause and irrespective of the nature of a claim, Seller’s liability shall be limited to the higher of the following two amounts: DKK 10,000.00 or the amount invoiced for the service which caused the damage/loss or which is directly related to the claim for compensation.
Seller shall under no circumstances be liable to buyer for indirect losses or consequential damages which follow from use of the sold product or the impossibility of using it, irrespective of whether Seller has been informed about the possibility of such claims.
The limitation of liability shall only apply to claims and amounts which are not covered by business and product liability insurance.
12. Force Majeure
Seller shall not be liable to buyer for losses resulting from circumstances which are exceptional and which prevent, impede or add to the cost of the fulfilment of the agreement, provided that such circumstances occur after submission of the offer and are beyond the control of Seller, including: Labour disputes (strikes and lockouts), vandalism, theft, fire, war, rebellion, internal unrest, inclement weather and natural disasters, pandemic and related, currency restrictions, public confiscation, import or export bans, disruption of ordinary community services, hereunder energy supply, substantial price and/or tax increases, currency fluctuations, production and delivery difficulties which are due to circumstances beyond Seller’s control as well as occurrence of force majeure and/or hardship with relevant subsuppliers.
13. Product Liability
With respect to product liability, Seller shall be liable in accordance with the rules of Danish law on product liability. In the absence of relevant mandatory rules, Sellers shall not be liable for production losses, loss of profit or other indirect losses.
In case Seller is sued by third party on account of product liability, buyer shall honour a possible summon to attend or accept becoming a co-defendant at the court which handles the case.
14. Complaints, Disputes, Applicable Law and Venue
In case buyer wishes to complain about a purchase, buyer shall contact Seller’s main e-mail address: gudrun@trophyart.dk. With reference to Danish Act No. 524 of 29 April 2015 concerning alternative conflict resolution in relation to consumer complaints (the Consumer Complaints Act), consumers may as from 1 October 2015 submit complaints concerning disputes with Seller to
Konkurrence- and Forbrugerstyrelsen
(The Competition and Consumer Authority)
Carl Jacobsens Vej 35
DK-2500 Valby
www.forbrug.dk
This right to complain is stipulated in Section 5 of the Danish Consumer Complaints Act concerning mediation. The cost is DKK 100.00 which amount is non-refundable. If an amicable solution cannot be reached by means of mediation, complaints may be submitted to the Consumer Complaints Board or another relevant and certified complaints board. The cost is DKK 400.00. The amount will be refunded if the decision is in favour of the complainant.
The Competition and Consumer Authority may establish monetary maximum and minimum limits etc. concerning the amount in dispute as a condition for submission of complaints. The details are found at www.forbrug.dk.
Disputes between parties which cannot be resolved amicably or by a complaints board shall be decided by the municipal court of Esbjerg in accordance with Danish law, hereunder the Convention on Contracts for the International Sale of Goods (CISG). Danish international civil law which refers to foreign law shall, however, not be applicable.