TERMS OF SALE AND DELIVERY
Dated 01. October 2019
- Company details
- Terms of payment, delivery and performance
- Right of cancellation
- Right to complain
All products purchased online at the webshop Trailfood.dk are subject to and conditional upon compliance with these Terms of Sale and Delivery. Any derogation from these Terms must be agreed in writing between the parties.
The webshop is owned and operated by:
United Company ApS
Central Business register (CVR) no.: 42181692
+45 7020 7579
Any purchase made on the webshop will be regarded as a transaction between you as buyer (“Buyer”) and United Company as seller.
PLACING OF ORDERS, ORDER CONFIRMATION AND PURCHASE AGREEMENT
Upon receipt of an order from the Buyer, United Company will send an order confirmation to the Buyer’s e-mail address, specifying i.a. number, price, the approximated delivery date of the product, if the order is accepted. If the Buyer disagrees with the specifications in the order confirmation, then the Buyer must contact United Company immediately upon receipt of the order confirmation. However, the amount will not be drawn until the Buyer has picked up the products at the earliest.
If United Company does not send an order confirmation, but informs the Buyer that the order cannot be accepted, then the amount will be paid back to the Buyer as soon as possible, using the same means of payment as used by the Buyer.
No purchase agreement has been entered into between United Company and the Buyer, until United Company has forwarded an order confirmation.
PRICES, PAYMENT AND FREIGHT
United Company sells the products at the prices stated in its webshop in EUR, which are inclusive of Danish VAT. The current price is the price stated on the website at the time when the order is placed, subject to any misprints.
Before the Buyer places the order, the Buyer will receive information on the total price inclusive of VAT, taxes and freight charges (which depend on the method and place of delivery).
Payment may take place using the payment methods that are specified in the web shop.
NOTE: If the Buyer cancels the transaction, then the costs of returning the products are paid by the Buyer.
DELIVERY AND PASSING OF THE RISK
Delivery will take place on the dates specified by United Company in the order confirmation, usually within 1-2 weeks.
United Company bears the risk of accidental loss of the products, until they have been delivered to the Buyer. Delivery is deemed to take place when United Company (or its representative) hands out the product at any address agreed between United Company and the Buyer.
RIGHT OF CANCELLATION
The Buyer may cancel the purchase agreement within 14 days without stating any reason if the Buyer is a consumer within the meaning of section 2 of the Danish Consumer Contracts Act.
The right of cancellation must be exercised within 14 days of the date when the Buyer or any third party representing the Buyer (other than the carrier):
- gets actual possession of the products;
- gets actual possession of the last product (if more than one product has been ordered in same order, and the products are delivered individually); or
- gets actual possession of the last lot or the last part (if one product consisting of several lots or parts has been ordered).
In order to exercise the right of cancellation, the Buyer must give United Company express notice to such effect (e.g. by letter, telefax or e-mail). For this purpose, the Buyer must use the form of Complaints and cancellation (see below). The notice should preferably be given by e-mail Trailinfo@Trailfood.dk and be accompanied by a copy of the order confirmation.
The deadline for cancellation will be met if the Buyer gives notice of exercise of the right of cancellation before expiry of the deadline for cancellation.
If the Buyer cancels the transaction, United Company will refund all amounts received, including all costs of delivery (but not any additional costs incurred as a result of the Buyer’s choice of another delivery method which is more expensive than the standard method offered by United Company), without undue delay and no later than 14 days after the date when United Company received the notice of cancellation. United Company will refund the amount using the same means of payment as used by the Buyer, unless otherwise expressly accepted by the Buyer. No charges will be imposed on the Buyer as a result of the refund.
United Company may withhold the refund, until the products have been returned to United Company, or until the Buyer has proved that the products have been returned, whichever occurs first.
The Buyer must return or hand back the products to United Company without undue delay and no later than 14 days after the date of the Buyer’s notice of cancellation. The deadline for cancellation will be met if the Buyer returns the products within 14 days.
All direct expenses of returning the products are payable by the Buyer. The expenses are expected to be approx. DKK 1,000 at a maximum.
The Buyer is liable for any impairment of the products caused by handling which is not necessary to determine the type, properties and functionality of the products.
COMPLAINTS AND DEFECTS
The Buyer has a right to complain of defective products within 24months from the purchase date, in accordance with the Danish Sale of Goods Act.
If the Buyer is a consumer and wants to rely on a defect, the Buyer must give notice of such defect (complain) to United Company. However, the Buyer cannot rely on a defect if United Company:
- has not received notice of the defect within reasonable time after it ought to have been established by the Buyer, or
- has not received notice of the defect within two years after the product was delivered to the Buyer.
If the Buyer wants to exercise its right to complain, the Buyer must contact United Company before returning the product. United Company will then give the Buyer instructions on the procedure to be followed.
If United Company finds the complaint justified, United Company will refund the Buyer’s reasonable costs of returning the product.
If the product is defective, United Company will remedy the defect. If United Company finds that remedy is inappropriate, then United Company may deliver a substitute product of the same quality or a new product, offer a reasonable pro rata reduction of the purchase price, or repay the entire purchase price.
Some of the products sold by United Company may be covered by an additional manufacturer’s guarantee. Such manufacturer’s guarantees are offered to the Buyer by the supplier, and the terms of the guarantee (or a reference to the terms) will be provided to the Buyer together with the products. In order to make a claim under the manufacturer’s guarantee, the customer must contact the manufacturer as described in the terms of the guarantee. Such manufacturer’s guarantees are of no concern to United Company. However, the manufacturer’s guarantee, if any, is without prejudice to the Buyer’s rights in relation to United Company under the Danish Sale of Goods Act.
LIMITATION OF LIABILITY
UNITED COMPANY IS NOT LIABLE FOR ANY OPERATING LOSS, LOSS OF PROFIT OR OTHER INDIRECT LOSS. UNITED COMPANY LIABILITY IS IN ANY CIRCUMSTANCES LIMITED TO THE INVOICE PRICE OF THE PRODUCT. IN ADDITION TO THAT, UNITED COMPANY IS LIABLE IN DAMAGES UNDER THE GENERAL RULES OF DANISH LAW SUBJECT TO THE LIMITATIONS SET OUT IN THESE TERMS OF SALE AND DELIVERY.THE LIMITATION OF LIABILITY IN PARAGRAPH 7.1 ALSO APPLIES TO UNITED COMPANY LIABILITY FOR DAMAGE TO PROPERTY CAUSED BY DEFECTIVE PRODUCTS FOR COMMERCIAL USE.
The Buyer must, without undue delay, give United Company written notice of any actual or potential damage which is caused by a defective product.
If the Buyer establishes any defects in the products, the Buyer must promptly contact United Company.
If the Buyer and United Company cannot reach agreement on a solution, the Buyer may refer the dispute to the Danish Complaint Resolution Centre, using the website www.forbrug.dk if the Buyer is a consumer and if the purchase price is between DKK 1,000 and DKK 100,000.
If the Buyer is a consumer resident in an EU member state other than Denmark, the Buyer may also file a complaint at the European Commission’s online dispute resolution platform, using this link: http://ec.europa.eu/odr.
RESERVATION AS TO MISPRINTS, ETC.
United Company makes a reservation as to misprints, suppliers’ price increases, incorrect prices, changes in VAT and taxes, products sold out or no longer available, supply failure by United Company suppliers and force majeure. Information given in the webshop is no guarantee of the applicability or fitness for purpose of the products, unless expressly stated.
United Company may change all the information in the webshop without notice, including all prices, offers and specifications.
United Company must protect the data provided by the Buyer on Trailfood.dk
CHOICE OF LAW AND JURISDICTION
Any dispute or disagreement arising directly or indirectly out of these Terms of Sale and Delivery, including in relation to their interpretation, is to be settled by the Danish courts with the Copenhagen City Court as the court of first instance, unless otherwise provided in the Danish Act on Consumer Complaints.
These Terms of Sale and Delivery, including their interpretation and implications, are subject to Danish substantive law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) will not apply.
FORM OF COMPLAINTS AND RETURN
If the Buyer wants to exercise its right of complaint or return, an email with a valid reason behind the complaint must be filled.
For easier handling, please attach a copy of your invoice. Also please send a copy of this, to email firstname.lastname@example.org