TERMS & CONDITIONSThe following terms and conditions apply to all deliveries from b conzept. Conditions apply in cases where no other written agreement between you as buyer and b conzept.1. Application 1.1 General sales and delivery conditions (the "Conditions") apply to all agreements regarding B Conzept's, CVR number 27200494, ("BC") sale and delivery of products and associated services to business customers. BC does not sell to private individuals – only to business customers. 2. Basis of agreement 2.1 The conditions, together with BC's propositions and order confirmations, form the overall basis of agreement regarding BC's sale and delivery of products, and associated services to the customer ("Basis of Agreement"). The customer's purchase conditions printed on orders or otherwise communicated to BC do not form part of the Agreement. 2.2 Amendments to and additions to the Basic Agreement are only valid if the parties have agreed them in writing. 3. Products and services 3.1 Products that BC sells and delivers to the customer are new and comply with Danish legislation at the time of delivery. 3.2 Associated services that BC sells and delivers to the customer, in connection with the sale and delivery of products, comply with Danish legislation at the time of delivery. 3.3 Proofreading sent to the customer must be approved in writing. Telephone approval is not applicable. Once a proof has been approved, it cannot be changed, as the production of films, clichés, etc. thereafter initiated. If a correction is desired after approval, this will entail additional initial costs, as a new cliché, form, tool, etc. must be made. Physical proofing/physical sample: For orders of 500 parts or more, a physical sample is recommended for proofing approval. The cost of the physical test is borne by the customer. Opting out of a possible physics test for proofreading approval is the customer's own responsibility. 3.4 When purchasing USB sticks, a Copydan fee will be added (DKK 5.93/piece in 2021). Exemption from the tax can be applied for at Copydan if the USB plugs are for internal use. The customer must indicate on the order whether the purchase of USB sticks is for internal use or not. BC disclaims any liability for damages that may arise as a result of the customer providing incorrect information in this regard. 4. Price and payment 4.1 The price for products and associated services is stated in DKK/EUR, and all prices are exclusive of VAT. Prices are subject to changes in customs duties, other taxes and exchange rate fluctuations, as well as abnormally large fluctuations in freight rates on special orders manufactured in the Far East and may be increased until delivery takes place. BC will inform the customer of all price changes. 4.2 All prices are per pc./pk./set/unit, unless otherwise stated. 4.3 On BC's webshops, reservations are made for printing errors, discontinued and sold-out items, price increases, deviations from what is written and the images shown in relation to the item. 4.4 The customer must pay all invoices for products or associated services no later than 8 days from the invoice date unless the parties have agreed otherwise in writing. New customers must pay in advance, unless otherwise agreed. 4.5 All invoices are subject to a handling fee of DKK 85, but not orders paid online by credit card. 4.6 When paying by credit card, the amount is only deducted on the day the order is dispatched. However, orders placed on Julegaveeksperten.dk will be withdrawn approx. 8 days before dispatch due to early packing, by an external packing company. In case of changes to the order, it is possible to withdraw less than the original order amount, but it is not possible to withdraw more than the original order amount. 5. Late payment 5.1 If the customer fails to pay an invoice for products or related services on time for reasons for which BC is not responsible, BC is entitled to interest on the overdue amount of 1.5% per month from the due date and until payment takes place. 5.2 BC may postpone or cancel any delivery of orders, without incurring any liability, if the customer has unpaid overdue invoices relating to previous orders. 6. Offers, orders and order confirmations 6.1 BC's offer is valid for 10 days, from the date the offer is dated, unless otherwise stated in the offer. Acceptance of offers received by BC after the expiry of the acceptance period is not binding on BC, unless BC informs the customer otherwise. 6.2 BC aims to send confirmation or rejection of an order for products or related services to the customer in writing no later than 3 working days after receiving the order. Confirmations and rejections of orders must be in writing to be binding on BC. The order is confirmed subject to access to goods etc. 6.3 BC is entitled to cancel an already confirmed order if the customer cannot obtain a satisfactory credit rating and does not wish to prepay the order, or if the customer does not wish - at BC's request - to provide a fully comprehensive bank guarantee. 6.4 The customer cannot change a confirmed order for products or associated services without BC's written acceptance. 6.5 If BC's confirmation of an order for products or associated services does not agree with the customer's order or the Agreement, and the customer does not wish to accept the inconsistent terms, the customer must notify BC in writing no later than 3 working days after receiving the order confirmation. Otherwise, the customer is bound by the order confirmation. 6.6 The customer’s cancellation of a confirmed order must take place no later than 5 working days after receipt of the order confirmation and must be confirmed in writing by BC to be valid. BC's acceptance of the cancellation may be conditional on the customer paying X % of the order value within 8 days from the cancellation to cover reasonable costs incurred in relation to handling of the order. 7. Delivery 7.1 BC delivers all sold products ex stock from one of the company's, external packing facility or sub-supplier's addresses, unless otherwise stated in the order confirmation. 7.2 BC delivers all sold products and associated services at the time stated in BC's order confirmation. BC has the right to deliver before the agreed delivery time unless the parties have agreed otherwise. 7.3 BC reserves the right to over- or under-deliver by up to +/- 10% for volume products in accordance with general practice within the industry. 7.4 The customer must examine all products and associated services upon delivery. If the customer discovers an error or deficiency that the customer wishes to invoke, the objection must be immediately notified in writing to BC. The objection must be specific, documented and contain a precise description of the content of the objection. If an error or deficiency that the customer discovers or should have discovered is not immediately notified in writing to the Company, it cannot be claimed later. 7.5 Goods cannot be returned to BC without prior written consent. In the case of a return, the item must always be returned in essentially the same condition and quantity, and in an undamaged original packaging. 7.6 If the customer feels that he has received the wrong product, inquiries can be made to mail post@bconzept.dk. The faulty delivery will be rectified as soon as possible. 7.7 Distribution costs are invoiced to the customer by task/weight and include costs for distribution to several addresses, pallets, pallet boxes, foiling, labelling, freight, and preparation of shipping papers. 8. Delayed delivery 8.1 If BC expects a delay in the delivery of products and associated services, BC informs the customer as soon as possible and at the same time provides the reason for the delay and the new expected delivery time. Unless otherwise agreed, BC is entitled to postpone delivery by up to 14 days in relation to the delivery date specified in the order confirmation. However, BC must immediately inform the customer in writing of the postponement and specify a new delivery date. 8.2 If BC fails to deliver products or related services no later than 14 days after the agreed delivery time for reasons for which the customer is not responsible and which are not due to a force majeure event, the customer may cancel the order or orders affected by the delay without notice by written notification to BC. The customer has no other rights in the event of delayed delivery. 9. Reservation of title 9.1 BC reserves ownership of the delivered products until the customer has made full payment for them. 9.2 All costs associated with the enforcement of the retention of title must be borne by the customer. 10. Guarantee 10.1 BC guarantees that products and associated services are free from significant errors and defects in design, materials, and workmanship for 6 months after delivery. For parts that are replaced under warranty, the warranty period is a maximum of 6 months from original delivery. 10.2 BC's warranty does not cover wearing parts and faults or defects caused by: (i) normal wear and tear, (ii) storage, installation, use or maintenance contrary to BC's instructions or common practice, (iii) repair or modification carried out by others than BC, and (iv) other conditions for which BC is not responsible. 10.3 If the customer discovers an error or defect during the warranty period, which the customer wishes to invoke, it must be immediately notified in writing to BC. If an error or deficiency that the customer discovers or should have discovered is not immediately notified in writing to BC, it cannot be claimed later. The customer must provide BC with the information about a reported error or deficiency that BC requests. 10.4 Within a reasonable time after BC has received notification from the customer of an error or defect and investigated the claim, BC will inform the customer whether the error or defect is covered by warranty. Upon request, the customer must send the defect parts to BC. The customer bears the cost and risk of parts in transit to BC. BC bears the cost and risk of parts in transit to the customer if the error or deficiency is covered by warranty. 10.5 Within a reasonable time after BC has given notice to the customer according to section 9.4 that an error or defect is covered by warranty, BC remedies the error or defect by: (i) replacing or repairing defective parts, or (ii) sending parts to the customer for the customer's own replacement or repair. 10.6 If BC fails to remedy an error or defect covered by warranty within a reasonable time after BC has notified the customer according to section 9.4, for reasons for which the customer is not responsible, and the error or deficiency is not remedied within a reasonable period of at least 14 days, the customer may cancel the order or orders affected by the error or deficiency without notice by written notice to B.C. The customer has no other rights in the event of errors or defects in products, or associated services than those expressly stated in section 11. Responsibility 11.1 Each party is responsible for its own actions and omissions according to applicable law with the limitations that follow from the Basic Agreement. 11.2 The company is responsible for product liability with respect to delivered products, to the extent that such liability follows from mandatory legislation. The customer must indemnify BC, to the extent that BC incurs product liability in addition. 11.3 Regardless of any contrary terms in the Basic Agreement, BC's maximum liability towards the customer cannot exceed the amount paid by the customer for the delayed or defective part of the order. The limitation of liability does not apply if BC has acted intentionally or grossly negligently. 11.4 Regardless of any contrary terms in the Basic Agreement, BC is not liable to the customer for indirect losses, including loss of production, sales, profit, time, or goodwill, unless it is caused intentionally or grossly negligently. 11.5 BC shall not be liable if the following non-exhaustive force majeure events occur, and prevent or delay the fulfillment of the agreement: war and mobilization; rebellion and civil disobedience; terrorism; natural disasters; pandemics; strikes and lockouts; shortage of goods; errors, deficiencies or delays in deliveries from subcontractors or if subcontractors are otherwise affected by force majeure events; fire; lack of means of transport; currency restrictions; import and export restrictions; death, illness or absence of key employees; computer viruses; or other circumstances which are beyond BC's control and which BC should not have foreseen when entering into the agreement. 11.6 In such cases, BC shall be entitled to postpone its performance of the obligation until the obstacle has ceased, or alternatively to cancel the agreement, in whole or in part, without assuming any responsibility for this, if the obstacle results in the performance being postponed for more than 6 months. 12. Intellectual property rights 12.1 Full ownership of all intellectual property rights relating to products and associated services, including patents, designs, trademarks, and copyrights, belongs to BC. 12.2 If delivered products or spare parts infringe third-party intellectual property rights, BC must, at its own expense: (i) ensure the customer's right to continue using the infringing products, (ii) modify the infringing products so that they no longer infringe, (iii) replace the infringing products with non-infringing ones, or (iv) buy back the infringing products at the original net purchase price less 25% per years since delivery. The customer has no other rights in connection with infringement of third-party intellectual property rights by products, spare parts or associated services. 13. Confidentiality 13.1 The customer must not pass on or use or enable others to use BC's trade secrets or other information of any kind that is not publicly available. 13.2 The customer may not improperly obtain or attempt to obtain knowledge of or access to BC's confidential information as described in section 12.2 The customer must handle and store the information properly to avoid it accidentally coming to the knowledge of others. 13.4 The customer's obligations according to section 12.1-12.2 apply during the parties' trade and without time limit after the end of the trade, regardless of the reason for the end. 14. Applicable law and venue 14.1 The parties' trade is in all respects subject to Danish law. 14.2 Any dispute that may arise in connection with the parties' trade must be settled by a Danish court. 14.3 The Convention on Contracts for International Sales (CISG) shall not apply. 15. Processing of personally identifiable information 15.1. BC processes personal data in due observance of the data protection regulation and law. Information about the customer's name, e-mail, telephone number, etc. is used only in connection with the customer's order and communication with the customer. 15.2. BC complies with the rights of data subjects (among other things, the right to access, rectification, deletion, restriction of processing, objection, data portability, complaint, and the right not to be the subject of a decision based solely on automatic processing, including profiling). 15.3. BC stores the information for as long as is necessary for the purpose for which the information is processed. BC does not pass on, sell, or otherwise transfer information to third parties, unless the customer has given consent. 15.4. If the customer wants information about which data is being processed, to have data deleted or corrected, the customer can contact BC on telephone 8724 2030 or by email post@bconzept.dk. |