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SALE AND DELIVERY TERMS AND CONDITIONS – B2C – Version March 2017
Sale and delivery terms, B2C, Consumer. Applicable to all transactions between the consumer/private individual (the customer) and SODEMANN INDUSTRIFJEDRE A/S

 



1.


Scope
a: These sales and delivery terms apply to both ordinary purchase of items directly from SODEMANN INDUSTRIFJEDRE A/S and to purchase of items from SODEMANN INDUSTRIFJEDRE A/S’ online shop.


2.


Prices and payment terms
a: The price and quantity discount on items are shown on the current price list in the online shop, and will be shown in the shopping basket used for the purchase.
b: For grouped orders with delivery over several occasions, prices, quantity discounts and freight are calculated on the basis of each individual delivery rather than for the total order.
Open orders not yet delivered, or delivered orders, can only be changed on written agreement from SODEMANN INDUSTRIFJEDRE A/S. If changes are made to ordered quantities in open or delivered orders, the rate of discount will also change; for that reason the unit price will always reflect the current price list in the online shop and invoices will be issued accordingly.
c: The applicable minimum invoice value for the online shop will appear before an order is approved.
d: The end price includes VAT and carriage costs.
e: Payment is by debit or credit card only. Immediately after the order is placed, an acknowledgement containing all relevant information concerning the order is sent to the email address provided.
f: Payment will be refunded if, contrary to expectation, the item does not arrive, or if the cooling-off period described in point 6 is utilised.
g: If, despite point 2.e, payment is not made promptly within 30 days of the invoice date, interest will be calculated in accordance with the provisions of the Danish Overdue Payments Interest Act corresponding to Danmarks Nationalbank’s lending rate plus 8%.
h: Reminders sent out in the event of late payment will incur a charge of DKK 100.00 per reminder.


3.


Limitations of liability
a: Any offer for sale is subject to prior sale, and no liability can be accepted for temporarily sold-out items, printing errors, technical failures in connection with use of SODEMANN INDUSTRIFJEDRE A/S’ website, inadequate order processing as a consequence of this, and so on. SODEMANN INDUSTRIFJEDRE A/S cannot be held responsible for any such circumstances.
b: The technical values provided in the catalogue and on SODEMANN INDUSTRIFJEDRE A/S’ website concerning, for example, dimensions, travel, stroke lengths and forces are average values for guidance only. SODEMANN INDUSTRIFJEDRE A/S cannot be held responsible for any deviations from these average values. Text and technical information provided on the website is changed regularly, so it may differ from information provided previously in, for example, the catalogue.
c: In the event of actual defects or product damage, SODEMANN INDUSTRIFJEDRE A/S is only responsible if it can be proven that the defect or damage is due to error or negligence on the part of SODEMANN INDUSTRIFJEDRE A/S. Unless otherwise stated in unalterable rules of law, SODEMANN INDUSTRIFJEDRE A/S is not liable for loss of profits, loss of time, markups or other indirect losses suffered as a result of the aforementioned deficiencies and product damage.
d: SODEMANN INDUSTRIFJEDRE A/S’s liability for damages can in addition total a sum no higher than the invoice sum for the delivery in question.
e: SODEMANN INDUSTRIFJEDRE A/S cannot be held responsible for damage resulting from the overloading of delivered items, incorrect use of items, or any acid brittleness resulting from electrolytic surface treatment.
f: SODEMANN INDUSTRIFJEDRE A/S is also free of responsibility in the event of force majeure.
g: SODEMANN INDUSTRIFJEDRE A/S is pleased to provide advice and help with calculations. If special demands are to be made of an item or its use, this must be specified in writing no later than at the point of ordering. SODEMANN INDUSTRIFJEDRE A/S can never be held responsible for advice and calculations, because SODEMANN INDUSTRIFJEDRE A/S cannot be considered to be conversant with assemblies, installation, weights, etc. The customer is wholly responsible for ordering and using the purchased items based on received advice and calculations.
h: SODEMANN INDUSTRIFJEDRE A/S can only be subject to product liability where this is demanded by applicable legislation, including the Danish Products Liability Act.


4.


Delivery, including over-supply and under-supply
a: In transactions concerning custom-made springs, SODEMANN INDUSTRIFJEDRE A/S reserves the right to over- or under-supply up to 10% of the quantity ordered.
b: Over- and under-supply will be matched by a corresponding adjustment of the invoice sum.
c: Delivery will take place as soon as possible, and no later than within 30 days of the order being placed. If it is not possible to deliver within a 30-day period, SODEMANN INDUSTRIFJEDRE A/S will immediately contact the customer about this, stating a likely delivery date.
d: If the item or items ordered do not arrive before the deadline stated in point 4.c the purchase may be cancelled. SODEMANN INDUSTRIFJEDRE A/S must be informed within a reasonable time if the cancellation approach is to be utilised, and in such a case the item or items that have been received must be returned immediately to SODEMANN INDUSTRIFJEDRE A/S. The sum paid cf. point 2 will be returned by SODEMANN INDUSTRIFJEDRE A/S once the returned items have been received.
e: If any of the ordered items do not arrive before the deadline stated in point 4.c, SODEMANN INDUSTRIFJEDRE A/S must be informed of this immediately, so that the missing items or a replacement order can be sent out as soon as possible.


5.


Complaints and the Danish Consumer Complaints Act
a: Any complaints must be made directly to SODEMANN INDUSTRIFJEDRE A/S, possibly the producer or other trader that has, in connection with the purchase, assumed responsibility for remedying any defects as soon as possible and within a reasonable time after a defect has been discovered. See point 7 for further details. The right to complain covers product faults and defects that were present at the time of delivery. There is the usual 2-year deadline for complaints, meaning that complaints must be made no later than 2 years after delivery.
b: SODEMANN INDUSTRIFJEDRE A/S, apart from what is stated above, accepts no liability for defects, and the customer can therefore not invoke any other remedies for breach of contract other than that stated above. SODEMANN INDUSTRIFJEDRE A/S is therefore not liable under any circumstances for products that have been damaged in connection with fitting, use, load, general use and environment, if such circumstances affect the service life and durability of the products. As these types of effect are beyond the control of SODEMANN INDUSTRIFJEDRE A/S, it is not possible to guarantee the quality or properties of the product other than as outlined in the right to complain above.
c: If a customer wishes to complain about a purchase from this website, please contact the Danish Competition and Consumer Authority in Denmark and the Online Dispute Resolution website http://ec.europa.eu/consumers/odr/, where you will find information on customer options for resolving complaints out of court. Customers can use the online platform if they live in the EU. In connection with the customer’s complaint, the customer can enter SODEMANN INDUSTRIFJEDRE A/S’ e-mail address sif@fjedre.dk.


6.


Cooling-off period and return of goods
a: There is a 14-day cooling-off period for all items ordered online from SODEMANN INDUSTRIFJEDRE A/S. This period starts on the date the item is received or the date of the first delivery in the event of multiple deliveries.
If the customer wishes to take advantage of the cooling-off period, they must inform SODEMANN INDUSTRIFJEDRE A/S of this in writing before the end of the cooling-off period. The customer can choose to make use of the standard withdrawal form, which is available from the SODEMANN INDUSTRIFJEDRE A/S website.
In order to ensure returned items are handled correctly, SODEMANN INDUSTRIFJEDRE A/S will not accept items for return without prior agreement. In connection with such an agreement, SODEMANN INDUSTRIFJEDRE A/S will provide the customer with a return number. This return number must be included on the package or on the accompanying documentation when the goods are returned .
b: It should be noted that springs/items may be damaged with use or stress, and are therefore not suitable for resale if the product has been used in any way. For the same reason, products are supplied in a sealed transparent plastic bag. If you wish to cancel, under the conditions stated in point 6.a, the transparent plastic bag must not be opened if the resale value of the product is to be maintained, as SODEMANN INDUSTRIFJEDRE A/S is otherwise entitled to refuse the returned items.
On cancellation of a product agreement, the customer must send or deliver the item to SODEMANN INDUSTRIFJEDRE A/S within 14 days of the date when the customer announced their decision to withdraw from the agreement.
On cancellation of an agreement concerning a product, SODEMANN INDUSTRIFJEDRE A/S must pay back all payments, including any delivery costs, received from the customer, within 14 days of the date when the customer announced their decision to withdraw from the agreement.
SODEMANN INDUSTRIFJEDRE A/S is not obliged to pay back the extra costs associated with a customer having chosen another, more expensive form of delivery than the standard delivery offered by SODEMANN INDUSTRIFJEDRE A/S prior to the purchase.
The customer will pay the direct charges associated with returning the item.
The items must be returned in suitably sturdy packaging. The customer is responsible and liable if the item disappears or gets damaged in connection with return. Return freight will not be credited.
Custom-made items ordered by the customer can never be returned, whatever the reason.
Items for return should be sent to SODEMANN INDUSTRIFJEDRE A/S, Gamma 5, DK-8382 Hinnerup, Denmark. See also point 7.


7.


Information
a: Questions, complaints or similar can be send to:

SODEMANN INDUSTRIFJEDRE A/S
Gamma 5
8382 Hinnerup
Denmark

Tel. +45 86 72 00 99
Fax +45 86 29 97 86
E-mail: sif@fjedre.dk


8.


Applicable law
a: These sales and delivery terms are subject to Danish law, always provided that the customer still retains the protection they have by virtue of the statutory protection rules of their country of residence.

 

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