Terms and conditions
General Terms and Conditions of Delivery for BORN Nordic ApS
The below general terms and conditions of delivery are to be applied to any commercial purchases of products from BORN Nordic ApS (hereinafter referred to as “the Company”. Derogation from the below terms and conditions of delivery shall only be valid if the Company accepts this in writing.
The Company is a wholesaler and only sells B2B to registered and approved companies (hereinafter referred to as “the Buyer”).
3 Orders and order confirmations
The Buyer must place an order for products either via the Company’s online platform (http://bornnordic.com/dnk/customer/account/login/) or by e-mail (firstname.lastname@example.org). A binding purchase agreement is only entered into when the Company has sent an order confirmation by e-mail to the Buyer. If an order confirmation has been sent to the Buyer and the product is in surplus stock, the purchase agreement is still considered as binding as a clear starting point, cf. Section 4. If the Buyer places an order via e-mail, the order in question must be sent with the Company’s order form and all information marked with an asterisk (*) must be filled out. The Buyer cannot change a placed order on the product without the Company accepting this in writing.
4 Annulment of an order
An order can be annulled by the Buyer if the Company has received a written notification of this and this notification has reached the Company before the Company has begun packing/processing the order.
Products that are on backorder or sold out are listed as being in backorder on the Company’s online platform and will be shipped as soon as the product is in stock again. The product will be sent no later than two (2) working days after the Company has received the product.
6 Customer information
As part of the purchase agreement, the Company processes information on the Buyer (name, address, contact person, CVR number, etc.). The information needs to be used to fulfil the purchase agreement. The Buyer is fully responsible for ensuring that all information related to the order is correct.
All prices are listed in Danish kroner (DKK) excluding VAT, shipping, customs and fees (if relevant). The Company is at all times entitled to change its prices/price lists and makes reservations for any potential typos. Unless another agreement is entered into, the sale will take place in accordance with the price/price list that applies at the time of the order confirmation being made. Prices are listed with reservations for strikes, lockouts, changes to supplier prices and other conditions of which the Company is not in control. There may be currency adjustments if the products are priced based on a certain exchange rate and the new exchange rate deviates from this with +/-1%. There is free delivery on orders in excess of DKK 3,000 excluding VAT or above. When placing an order below DKK 3,000 excluding VAT, a shipping fee of DKK 45 excluding VAT will be charged.
8 Place of delivery
Delivery shall be made from the Company’s address. The Buyer shall assume the risk of delivery when delivery is made. The shipping is at the Buyer’s expense and risk. If the Company has not received special instructions, the Company shall be entitled to select the mode and route of transportation. The Company is not liable for damage incurred during transport.
The stated delivery times are approximations and reservations are made for delays. An order received and confirmed by 11 am on a weekday is, if possible, sent on the same day. If an order is received and confirmed after 11 am, the Company cannot guarantee that it will be sent on the same day. If the Company is expecting a delay to the delivery of the products, the Company shall inform the Buyer of this and at the same time state the cause for the delay and the new expected delivery time. The Buyer cannot terminate the purchase agreement due to a delay. The Company is also not liable for any potential losses - either direct or indirect - that the Buyer may incur due to the delayed or missing delivery.
The Company’s payment terms are 8 days from the invoice date. If the Buyer does not pay on time, and if the delay is not due to circumstances at the Company, the Company shall be entitled to add interest from the due date at a rate of 1.5% per commenced month and to demand payment for all invoiced and delivered products regardless of previously agreement upon credit terms. Missing payments after the determined due date shall also result in the case being transferred to a collection agency without further notice. If the value of the order exceeds DKK 5,000 excluding VAT, the Company can require that a deposit be made before the order is shipped.
11 Complaints and duty to inspect
The Buyer is obligated to inspect the product for any potential deficiencies immediately upon receiving it and no later than seven (7) days after receiving it in order to be entitled to complain about any kind of deficiency. If the Buyer exceeds the listed deadlines, the Buyer shall lose the right to claim a deficiency. If the Buyer should discover a defect or deficiency that the Buyer wants to claim, it must be notified in writing to the Company. Additionally, the deficiency must be noted on the delivery note when receiving the product. If there are deficiencies in the delivery that are due to construction, materials or manufacturing, and if they are reported in a timely manner, the Company shall be obliged to take remedial action or make a new delivery as it chooses.
12 Returning products
Products are only returnable based on a prior written agreement with the Company. If in a specific case an agreement i entered into on returning a delivery, such an agreement is conditional upon the product being returnable in unbroken original packaging and that the Buyer bears all costs associated with the return shipment. The risk of a return shipment is borne by the Buyer until it is received by the address specified by the Company.
13 Ownership rights
The Company retains the ownership rights to the sold products until the entire purchase sum has been paid in addition to any added interest and costs and any other potential expenses concerning the sold products that might have been incurred by the Company on the Buyer’s behalf. Until the property rights are transferred to the Buyer, the products must be insured by the Buyer and stored separately. The Buyer is obliged to not move, pledge, rent, lend or otherwise dispose of the sold products until the property rights have passed to the Buyer unless the Company grants consent to this. The Buyer may also not make changes to the delivered products.
14 Limitation of liability
The Company’s liability is limited to the amount of the total invoice amount. The Company cannot be held liable for indirect losses, consequential damage, business interruptions, loss of time, day fines, loss of data and costs for restorations or lost profits or other similar indirect losses or damage even if this is due to simple or gross negligence.
15 Product liability
The Company is liable for product liability of delivered products to the extent that such liability is the result of mandatory legislation. Any non-statutory product liability developed in accordance with Danish legal practice concerning compensation for damage and what results from non-mandatory provisions is therefore expressly waived.
16 Exemption from liability - force majeure
The Company can, under no circumstances, be held liable for circumstances that could be defined as force majeure, including but not limited to: war, fires, hacking, acts of sabotage, riots, insurrections, general strikes, conflagrations, acts of terror, natural disasters, currency restrictions, import and export bans, interruptions to normal societal functions, interruptions or failures in energy supplies or delivery problems from sub-suppliers, long-term illness from key employees, pandemics and force majeure events faced by sub-suppliers.
17 The Company’s business address
The Company’s business address
BORN Nordic ApS
5260 Odense S
18 Governing law and jurisdiction
Any potential disputes that may arise concerning deliveries from the Company shall be settled by Danish law. Any dispute that may arise in connection with the parties’ business relationship shall be settled by a Danish court.