General terms of sale and delivery 2021
General sales and delivery conditions apply to all agreements on iLoveEcoEssentials ApS cvr. 37691410. (“The Company”) sales and delivery of products and related services to business customers.
TYPE OF COMPANY
YEAR OF ESTABLISHMENT
iLoveEcoEssentials Gullfossgade 4, 2300 København S, Denmark.
iLoveEcoEssentials Islevdalvej 144A, 2610 Rødovre, Denmark. (Delivery at the green gate)
Danske Bank 3001 – 0011925367
Basis of agreement
The conditions together with the Company’s offer constitute the overall agreement basis for the Company’s sales and delivery of products to the customer (the “Basis of Agreement”). The customer’s purchase conditions are payment upfront on the first order. Once payment is received, the order will be shipped the following Tuesday. Subsequent orders have 10 days payment. Changes to and additions to the Basis of Agreement are only valid if the parties have agreed in writing.
Products and services
Limitation of liability. Notwithstanding any conflicting terms in the Basis of Agreement, the Company is in no way liable for losses or damages that can be attributed to use for other purposes.
The company is not responsible for lost revenue for the Customer in connection with incorrect use of products, accessories and related services by the Customer.
Price and payment
The price for products and related services follow the Company’s current price list at the time the Company confirms the customer’s order, unless the parties have agreed otherwise in writing. All purchase prices are exclusive of VAT and delivery. Indicative sale prices are incl. VAT.
Reservations are made for currency changes.
If the customer fails to pay an invoice for products or related services on time, the Company is entitled to interest on the amount due of 0.7% per month from due date and until payment is made.
Offers, orders and order confirmations
The company’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 the Company after the expiry of the acceptance period is not binding for the Company, unless the Company notifies the customer otherwise.
The Customer must send a completed order form for products to the Company in writing by e-mail.
The company strives to send confirmation or rejection of an order of products to the customer in writing no later than 5 working days after receipt of the order. Confirmations and rejections of orders must be in writing to be binding for the Company.
Modification of Orders
The Customer may not modify a placed order for products or related services without the Company’s written consent.
Inconsistent terms: if the Company’s confirmation of an order for products or related services does not match the customer’s order or the Agreement, and the customer does not wish to accept the inconsistent terms, the customer must notify the Company in writing within 5 working days of receiving the order confirmation. Otherwise, the customer is bound by the order confirmation.
Delivery conditions: The company delivers all sold products and accessories ex. delivery – subject to partial delivery and thus additional shipping costs. All shipments are sent with DSV. The risk of theft of or damage to products and accessories passes to the Customer upon delivery. The customer must receive and check what is delivered and confirms receipt upon delivery. If the Company receives a delivery on behalf of the customer, the risk also passes to the customer upon delivery.
The Company sends all formally ordered products first-coming Tuesdays unless the parties have agreed otherwise or the Company informs otherwise according to stock.
The customer must inspect all products upon delivery. If the customer discovers an error or defect that the customer wishes to invoke, it must be notified immediately in writing to the Company at email@example.com. If an error or defect that the customer discovers or should have discovered is not immediately notified in writing to the Company, it cannot be claimed later.
If the Company expects a delay in the delivery of products, the Company informs the customer about it and at the same time states the reason for the delay and a new expected delivery time. The “Company” is not responsible for 3rd party delays.
Replacement in case of incorrect delivery according to the Customer’s order.
If the customer discovers an error or defect in the delivery that the customer wishes to claim, it must be notified immediately in writing to the Company at firstname.lastname@example.org.
If an error or defect that the customer discovers or should have discovered is not immediately notified in writing to the Company, it cannot be claimed later. The Customer must provide the Company with the information about a reported error or defect that the Company requests.
Investigation: Within a reasonable time after the Company has received notification from the customer of an error or defect and examined the claim, the Company notifies the customer whether the error or defect is subject to exchange.
Upon request, the Customer must send defective and / or incorrectly delivered products to the Company. The company bears the costs of replacement if the defect or deficiency is covered by the replacement.
Remedy: Within a reasonable time after the Company has notified the customer that a defect or defect is subject to replacement, the Company will remedy the defect or defect by sending a new similar product. Delivery of products in connection with defects and deficiencies is paid for by the Company.
Replacement does not include ordinary wear and tear, storage, installation, use or maintenance contrary to the Company’s instructions or general practices and other matters for which the Company is not responsible.
Each party is liable for its own actions and omissions under applicable law with the limitations that follow from the Basis of Agreement. The customer has a duty to inspect that the products offered are in accordance with the desired solution. Requirement specifications and wishes for any solution must be made to the company in writing before placing the order.
The company is responsible for product liability in respect of delivered products to the extent that such liability follows from mandatory legislation. The Customer must indemnify the Company to the extent that the Company may incur product liability in addition.
Limitation of liability
Indirect losses. Notwithstanding any conflicting terms in the Contract Basis, the Company is not liable to the customer for indirect losses, including losses of sales, profits, compensations, or goodwill.
Notwithstanding any conflicting terms in the Contract Basis, the Company is not liable to the customer for non-fulfillment of obligations which may be attributed to force majeure. The discharge lasts as long as force majeure lasts. Force majeure is considered to be matters that are beyond the Company’s control and which the Company should not have foreseen at the conclusion of the agreement. Examples of force majeure are unusual natural conditions, war, terror, fire, flood, vandalism and labor disputes.
Intellectual property rights
Property rights. The full ownership of all intellectual property rights regarding products, accessories and related services belongs to the Company until full and final redemption has taken place.
Disclosure and use. The Customer may not pass on or use or enable others to use the Company’s trade secrets or other information of any kind that is not publicly available.
Protection. The Customer must not improperly obtain or attempt to obtain knowledge of or access to the Company’s confidential information. The customer must handle and store the information properly to prevent it from accidentally coming to the knowledge of others.
Duration. The customer’s obligations in relation to maintaining the above confidentiality apply during the parties’ trade and without time limit after the termination of the trade, regardless of the reason for the termination.
Applicable law and venue
Applicable law. The parties’ trade is in all respects subject to Danish law.
Venue. Any dispute that may arise in connection with the parties’ trade must be settled by a Danish court.
All cosmetic products must be stored by the Customer at a temperature of 10-25 degrees Celsium and kept away from direct sunlight.