Terms and conditions of sale and delivery

Nordshop Display A/S, CVR no. 25 54 48 48 54

 

  1. General

These Terms of Sale and Delivery apply to any purchase from Nordshop Display A/S, CVR no. 25 54 48 54 54 (hereinafter referred to as "Nordshop Display"), unless otherwise agreed in writing. These Terms of Sale and Delivery thus also apply prior to any conflicting or deviating provisions in the order placed by the buyer, the buyer's acceptance or in the buyer's terms of purchase, if any. Design and sketch proposals, display solutions, shop fittings, shop in shops, installation and construction and other goods and services delivered by Nordshop Display are hereinafter collectively referred to as "products" or "theproducts".

 

  1. Offer and acceptance

Offers are valid for 30 days from the date of the offer unless otherwise stated in the submitted offer.

Upon receipt of acceptance, Nordshop Display will send an order confirmation. Only orders for which Nordshop Display has issued a written order confirmation are binding on Nordshop Display and only on the terms and conditions contained in the order confirmation.

  1. Pricing and over- or under-delivery

All prices are exclusive of VAT. Nordshop Display is entitled to demand renegotiation of an already concluded agreement if Nordshop Display can document price changes from Nordshop Display's suppliers, price increases on materials, exchange rate changes, increases in taxes and duties, freight, etc. If Nordshop Display and the buyer cannot reach agreement on a new agreement through renegotiation, Nordshop Display is entitled to withdraw from an already concluded agreement without the buyer being able to make any claims against Nordshop Display.

In the case of custom-made goods, Nordshop Display reserves the right to over- or under-deliver by up to 5% of the ordered quantity. Over- and under-delivery will be offset by a corresponding adjustment of the invoice amount.

 

  1. Delivery and delay

It should be noted that the term "delivery" refers to the scope and content of the parties' agreement, cf. clause 2, and delivery may therefore include installation of the products if this is part of the parties' agreement. Unless otherwise agreed between the parties, cf. clause 2, delivery is ex Nordshop Display warehouse.

If the delay in delivery is due to delays or delivery difficulties from Nordshop Display's subcontractors, regardless of the reason, or force majeure, the delivery time will be extended by the number of days the delivery obstacle has been present. If the delay in delivery is due to the buyer's circumstances, for example changed requirements for the products, the time of delivery will be postponed accordingly.

Nordshop Display is obliged to notify the buyer immediately of any delay. In the event of a delay attributable to Nordshop Display and for which Nordshop Display is responsible, and which cannot be attributed to force majeure or similar, and which exceeds 15 working days, the buyer is entitled to grant Nordshop Display in writing a deadline of at least 10 working days for delivery. If Nordshop Display is unable to deliver in accordance with the parties' agreement within the deadline set by the buyer, the buyer may terminate the agreement.

If Nordshop Display is responsible for the delivery, the buyer is obliged to report any visible transport damage to the carrier at the time of delivery.

  1. Payment and ownership

Payment shall be made upon delivery or on the payment date specified in the invoice, unless otherwise agreed in writing.

If the buyer does not pay on time, Nordshop Display is entitled to charge interest on the amount due at 1.5% per month or part thereof from delivery or the agreed payment date until payment is made.

The products remain the property of Nordshop Display until the entire purchase price with any interest and costs, including shipping claims, as well as any other amounts to which Nordshop Display is otherwise entitled under the parties' contractual relationship, have been paid in full. Nordshop Display's retention of title applies to all agreements where the purchase price (including a down payment) exceeds DKK 2,000.

  1. Complaints, defects and returns

The buyer must carry out the necessary inspection of the products immediately after the products have been received at the delivery address or after any installation has been completed.

If the buyer wishes to claim defects, the buyer must immediately and before the products are installed/used, and no later than 5 working days after the defect is or should have been discovered, notify Nordshop Display in writing, stating the nature of the defect. If the buyer has discovered or should have discovered the defect, or if the buyer has installed/used the products and the buyer has not complained beforehand, the buyer cannot later claim the defect. Otherwise, the provisions of the Danish Sale of Goods Act shall apply.

At Nordshop Display's discretion, defects in the products will be remedied or the products will be redelivered, as the buyer is not entitled to cancel the contract as long as Nordshop Display's remedial or redelivery attempts are ongoing. It is a prerequisite for rectification and replacement that the buyer returns the products to Nordshop Display.

Nordshop Display does not accept returns without prior agreement.

 

  1. Limitation of liability

A claim for damages against Nordshop Display

cannot exceed the invoice amount for the product sold.

Nordshop Display is not liable for operating loss, loss of profit, including any direct or indirect loss arising from delay or defects in the products or circumstances due to force majeure.

  1. Product responsibility

Nordshop Display's product liability is excluded as far as possible, and Nordshop Display can only be held liable for product liability where applicable legislation, including the Product Liability Act, so requires. Nordshop Display is not liable for any damage to objects intended for commercial use caused by the products or the end product into which the products may be incorporated, unless mandatory legislation requires this. The buyer is to the greatest possible extent obliged to indemnify Nordshop Display against any claims regarding product liability directed against Nordshop Display by the injured party or others.

 

  1. Marketing materials and intellectual property rights

All information, including design and sketch presentations, logos, etc. appearing in catalogs, advertisements, image material, presentations, on Nordshop Display's website and the like, is for information purposes only. Such information is only binding to the extent that it appears from Nordshop Display's order confirmation or other written agreement.

It should be noted that all intellectual property rights relating to the products, such as drawings, designs and sketches, concepts, offers, characteristics, logos, technical solutions, etc. belong to Nordshop Display and may not be transferred, copied or made available to other manufacturers or intermediaries without Nordshop Display's written consent. The buyer is not entitled to change, further develop or duplicate such material and the products without Nordshop Display's prior written consent.

In the event of breach of this, Nordshop Display is entitled to terminate any cooperation/commercial relationship with the buyer, after which the buyer is obliged, upon receipt of a written request from Nordshop Display, to hand over all material received from Nordshop Display. Nordshop Display is also entitled, without the provision of security, to impose injunctions and claims for damages against continued use of Nordshop Display's material.

  1. Disputes

All disputes between Nordshop Display and the buyer shall be settled at Nordshop Display 's place of jurisdiction in Horsens and according to Danish law unless otherwise provided by international private law rules on jurisdiction.

  1. Processing of personal data

As part of the customer relationship, Nordshop Display processes a number of personal data about the buyer for the purpose of customer administration, including delivery of the ordered products, invoicing, marketing, etc. The processing is carried out in accordance with applicable data protection legislation, in particular the Data Protection Ordinance and the Data Protection Act, and is processed in complete confidentiality and security.

Nordshop Display's "Privacy Policy", which contains further information about Nordshop

Display's processing of personal data, including the buyer's rights in relation to this, can be found on our website www.nordshop-display.dk and can be read here: https://nordshop-display.dk/privatlivspolitik/

By entering into an agreement with Nordshop Display and accepting these terms of sale and delivery, the buyer declares to have read and understood Nordshop Display's privacy policy.