GENERAL TERMS AND CONDITIONS FOR PIFFANY COPENHAGEN APS
- These sales terms shall form an integral part of all offers and contracts for deliveries of goods by the seller, both in ongoing and in future business relationships. Customers express their consent to our general terms and conditions by placing an order.
- We do not recognize any of the customer’s sales terms that are contrary to or deviate from our sales terms unless we have expressly agreed to them in writing.
- Oral agreements only become effective if we confirm them in writing.
- We reserve the property rights and the copyright in all documents provided to the customer in connection with the placement of the order, such as calculations, drawings, etc. These documents may not be made available to third parties unless we give our express consent to the customer in writing.
- We reserve the right to change the prices. We do not assume any liability for misprints and errors. We reserve the right to make technical and design changes and to change the delivery options.
Terms and Conditions of Delivery and Payment
- Offers are subject to change, subjects to prior sale. Our delivery times and agreed delivery appointments are unbinding unless they are formally confirmed in writing. In the case of a delay in delivery, the customer is obliged to allow us an appropriate extension. The customer relinquishes Piffany Copenhagen ApS of all claims as a consequence of delayed, in particular, any contractual penalties.
- Order changes or cancellations must be made in writing, and are only valid with our consent.
- With special orders, the customer allows us excess- or short delivery up to 10% of the primary ordered delivery. Special orders cannot be returned.
- All prices are quoted from us. Offers are always non-binding until an order is confirmed in writing; this is in accordance with the fact that before the issuing of confirmation, the contract is not yet effective. Quoted prices are valid only on ordering the full amount or quantities of goods offered.
- For all articles that are subject to the waste disposal law, we will charge the corresponding waste disposal flat
- All orders are accepted subject to force majeure, including war, civil unrest, natural disasters, strikes and lockouts, failing supplies of raw materials, fire, damage to the goods or our suppliers production facilities, lack of transportation, import and export conditions and any other event that prevent / limit ourselves in delivering goods or providing the service.
- All orders shall be subject to the agreed terms and conditions of delivery and payment. If payments are delayed, we will charge the interest rate that is customarily charged by banks.
- The customer allows us reasonable delivery in parts.
- Deliveries are made at the customer’s risk; we do not cover transport insurance.
- Damage claims related to a delay in delivery are excluded.
- If the customer is in default of acceptance or if he culpably breaches other obligations of cooperation, we shall be entitled to demand compensation for any losses incurred by us, including any additional expenditure. We reserve the right to assert additional claims.
Reservation of Title
- We retain the title to the delivered goods until all amounts payable to us under the delivery contract have been satisfied. This shall also apply to all future deliveries even if we do not always expressly refer to them. We shall have the right to reclaim the purchased goods if the customer is in breach of contract. The customer must handle the goods with care. If the customer mixes, connects or processes the purchased goods, we acquire co-ownership of the new items in the amount of the purchase price (including VAT). At the same time, if the buyer of the goods resells them to third parties, he hereby fully assigns to us the purchase price claim in the amount of the unpaid purchase price including VAT.
Returns / Complaints
- Warranty claims by the customer shall be conditional on the proper fulfillment of his obligations to inspect and complain as owed. This shall also apply in advance to the installation and further processing of the goods. We package our goods to meet the customary requirements of the postal service, shipping and freight companies. If the goods arrive in a defective condition or if the number of the delivered items does not match the number on the delivery slip, complaints must be submitted to us within 5 working days of receipt of the goods. If there is obvious transportation damage, a complaint must be made to the carrier at the time of receipt.
- Complaints can only be considered if they are submitted within 10 days after the delivery. The complained of goods may only be returned after consulting with us. All return shipping charges must be prepaid; otherwise, the goods will not be accepted! Return of special offer goods, specially constructed goods, or non-standard goods is not possible.
- To meet the deadline, timely mailing shall suffice. The burden of proof for all claims, especially for the defect by itself, for the time of redemption and for the timeliness of the claim shall be carried by the customer.
- If the inspection discovers manufacturing or material defects, either a replacement or a credit note will be given at our discretion.
- The period of warranty is 12 months from handover /delivery unless otherwise agreed in writing.
- With only marginal infringement of contract, especially marginal defect, the customer has no right to step back from his contract.
- The material may stay with the client as long as it is reasonable.
- If the inspection of the complained of goods shows without a doubt that the customer is at fault, we reserve the right to claim compensation for the inspection and processing costs we incurred.
- If goods that are “ready for connection” are technically modified, all claims are forfeited.
- The product description as agreed stands for the texture of the goods. Marketing or any other comments do not apply to binding conditions of the goods.Samples in any form are only examples of the goods and not binding for the final contract.
- Specific product guarantees are not given to the customer – this does not harm the general warranties.
- We are not liable for damages resulting from breaching the instructions from our contracting entity/agent. This is also valid in the event that the agent does not adhere to usage instructions contained in the product documentation.
- Further compensation claims, in particular, compensation for consequential harm due to defect (such as loss of proceeds, loss of production, installation or dismantling, lifting facilities, scaffolding, etc.) will not apply and such costs must be covered by the customer. If any of the provisions in these terms and conditions or a provision in the context of other agreements is or becomes ineffective, this shall not affect the effectiveness of the remaining provisions or agreements. For both parties, the place of performance and jurisdiction for all direct or indirect disputes arising from the contractual relationship is Denmark.
These terms and conditions and the entire legal relationship between the seller and the customer shall be governed by the laws of Denmark; the UN Convention on the International Sale of Goods (CISG) shall be excluded.
Status: Piffany Copenhagen ApS NOV2018