GENERAL TERMS OF SALE AND DELIVERY
These “General Terms of Sale and Delivery” apply to all purchases from Conxion A/S, VAT no. 27 60 39 71, email: firstname.lastname@example.org, telephone: +45 55 77 75 90 (hereinafter referred to as “Conxion”). Consumers cannot place orders with Conxion unless a separate agreement is entered into.
1. Ordering, order confirmation and cancellation
1.1 A customer may place an order for goods which is sent to Conxion by email to email@example.com or made by telephone at +45 55 77 75 90 (Zealand) and +45 75 72 45 55 (Jutland).
1.2 Conxion is not obligated to accept orders and reserves the right to cancel or reject orders. A binding agreement with Conxion on the delivery of goods will not exist until the customer has received a written order confirmation. This applies regardless of any possible oral or written offers from Conxion. Within 3 days, Conxion must be notified in writing of any discrepancies in an order confirmation.
1.3 If a product is ordered with a logo, the product proof with the suggested position of the logo will be forwarded to the customer for approval. The customer is obligated to approve and/or comment on the proof no later than 2 weekdays after receipt. If the customer does not approve the proof, there is a risk that the delivery time, price, and possibly other order details stated on an order confirmation cannot be met.
1.4 The customer and Conxion may cancel an order until the proof has been approved or the deadline for approval has expired.
2. Terms of payment and ownership reservation
2.1 Payment must be made within 8 days after delivery unless otherwise stated in the order confirmation.
2.2 If an invoice is paid after the payment date according to the invoice, interest of 2 per cent will accrue each month or part of a month after the payment date. When issuing a payment reminder, a reminder fee of DKK 100 per reminder will be charged. Maximum 3 reminder fees can be charged, however.
2.3 Conxion retains ownership of goods delivered under these General Terms of Sale and Delivery until full payment is received.
3.1 The price of the customer’s order is stated on the order confirmation and is DKK excl. VAT, unless otherwise stated.
3.2 Delivery/shipping costs will be added to the price. Delivery/shipping costs will be stated on the order confirmation.
4.1 Delivery is Ex Works (Incoterms 2010) to the customer at the time and place stated in the order confirmation. If delivery is made after 7 days after the time mentioned, the delivery is made in time, unless otherwise agreed in writing.
5. Defects and complaints
5.1 If the delivered products do not correspond to the specifications specified by Conxion or are not of usual quality, the following applies:
5.2 The customer is obligated to notify Conxion in writing immediately and no later than 8 days after delivery of any defect in the delivered products which the customer has or should have established at the time of delivery. The customer has a general duty to examine the products upon receipt thereof.
5.3 If the customer has or should have established the defect and did not give notice as described above, the customer is not entitled to file a complaint later.
5.4 Conxion is entitled, but not obligated, to deliver a new flawless product or perform remedy to the extent possible. The sole remedy of the customer for the breach is terminating the order for cause and claims for repayment of any paid amount in case of a material defect. Otherwise, the customer is only entitled to claim a proportional reduction of the purchase price.
5.5 If the order consists of separately manufactured products, including products manufactured according to the customer’s specifications, the customer cannot claim remedy. Notwithstanding this, Conxion will at all times offer to remedy defects if possible and appropriate following Conxion’s assessment.
6. Limitation of liability
6.1 Conxion cannot be held liable for the customer’s loss, including direct or indirect loss, e.g. operating loss, loss of profit, reduced operation or similar. This applies notwithstanding if a product is delayed and/or is defective.
6.2 In any event, Conxion’s liability is limited to the value of the order.
6.3 Notwithstanding the foregoing, Conxion is liable for product liability in respect of products delivered to the extent that such liability arises from mandatory legislation. If Conxion were to be liable for product damage in relation to third parties, the customer is obliged to indemnify Conxion for the liability that Conxion may incur and which is beyond Conxion’s liability under the aforementioned provision.
7. Personal data
7.1 Conxion will not transfer the customer’s email address(es) or other personal information to any third party unless this happens in connection with fulfilling the order or is in accordance with the current legislation on personal data.
8. Force Majeure
8.1 In all force majeure situations beyond the influence of Conxion, such as storms, natural disasters, war and violence, strike, industrial disputes, etc., Conxion is entitled to postpone the delivery. If Conxion wishes to rely on force majeure, the customer must be informed hereon without undue delay.
9. Choice of law and venue
9.1 All agreements and purchases covered by these General Terms for Sale and Delivery are governed by Danish law. CISG, however, does not apply.
9.2 Any disputes that arise must be settled by the court in the jurisdiction of Conxion.
10.1 Without prior notice, Conxion may amend these General Terms for Sale and Delivery.