General terms of sale for Solwang Design ApS
1. Information about Solwang
This website, www. solwangdesign.dk (hereinafter referred to as the Website), is owned and operated by the Danish company Solwang Design ApS, CVR/VAT-no.: 31759773, Hanehovedvej 56, 3300 Frederiksværk, Denmark (hereinafter referred to as Solwang).
The company can be contacted by phone on +45 [+45 21 19 17 27] and by e-mail on info firstname.lastname@example.org.
2. Contractual basis
These conditions are valid and binding for all orders placed by the Customer through the Website, by phone, by e-mail or in any other manner resulting in a purchase.
By placing an order, the Customer accepts to have read and agreed to these conditions.
An order may be placed by the Customer through the Website, by e-mail, by phone or in other manners, but Solwang is not bound by the Customers order until a written electronic order confirmation or invoice is sent from Solwang to the Customer.
The Customer must check the order confirmation or invoice and immediately inform Solwang in writing of any inconsistencies. Otherwise the information in the order confirmation or invoice forms the basis of agreement for the delivery in combination with these terms.
Solwang reserves the right at all times to cancel an order without further explanation.
The Customer can only claim the content of individual order confirmations or invoices as basis of the delivery. Information provided by Solwang in brochures, price lists, advertisements, offers, on the Internet, or verbally is thus irrelevant to the assessment of the delivery.
Solwang reserves the right to make alterations to the products up to the time of delivery; however, in such case, Solwang guarantees to deliver a product of corresponding functionality and performance.
Custom made orders (made-to-order) will not begin production until payment is received by SOLWANG.
4. Delivery and delivery time
Delivery terms are ex warehouse (EXW) Frederiksværk, Denmark. The Customer bears all risk and pays all cost of delivery, even if Solwang will handle the delivery.
The delivery time is approximate and is conditional upon the Customers payment of the invoice in case of prepayment, but Solwang will attempt to the best of its ability to observe the delivery time specified in the order confirmation.
Part deliveries may take place. The place of delivery is stated in the order confirmation or invoice.
If the Customer refuses of is unable to accept delivery of the goods on the agreed time, the Customer is obligated to cover Solwang’s expenses and/or losses in connection therewith, including storage costs, until the Customer accepts delivery on the agreed terms.
5. Price and payment terms
All prices (including prices listed in catalogues and on the Website) are listed in EUR excluding VAT, carriage, tolls, taxes and other expenses. If prices for the offered or agreed delivery of goods changes because of changes in wholesale prices, currency exchange rates, insurance costs, carriage, tolls, taxes etc. Solwang have the right to adjust the offered of agreed prices with ten (10) days notice.
Payment of the purchase price is due on the date stated in the invoice, or 8 days from the invoice date if no date is stated in the invoice. When payment is made by bank transfer, payment shall be regarded as having been effected when the money has been made available to Solwang in the account designated by Solwang.
In the event that the Customer fails to pay the invoice by the due date, Solwang shall be entitled to charge interest on any overdue amount with 2% pr. month.
6. Documentation and Guidance
Solwang does not prepare special documentation and does not warrant that the purchased goods will fulfil the needs of the Customer. Any guidance given by Solwang to the Customer is only suggestive and does not imply any warranties from Solwang, unless this is specifically mentioned in the order confirmation or invoice.
7. Withdrawal from purchase
The Customer has no right to withdraw from the purchase or to return the purchased goods without the prior written consent of Solwang.
8. Liability for delays
In the event that a specific delivery date has been stated in the order confirmation, delivery within 10 days after the agreed delivery time shall be considered as being on time.
If the delay is caused by a situation as mentioned in point 12, the delivery time will be extended with the same amount of time, as the situation is in effect. This provision applies regardless of the reason for the delay occurs before or after the expiry of the agreed delivery.
9. Complaints and Responsibility
Upon delivery the Customer shall immediately, and no later than two (2) days from receipt of the delivery, inspect the purchased goods.
Complaints concerning any visible defect shall be made in writing to Solwang no later than two (2) days after receipt of the delivery. Complaints concerning any concealed defect or defect in title shall be made in writing to Solwang no later than two (2) days after such defect have or should have been detected.
The absolute period of complaint for goods expires in all cases 12 months after delivery. Any complaint made after this period will be rejected. For spare parts the absolute period of complaint expires 3 months after delivery. Any complaint made after this period will be rejected.
We warrant the Product to you against defects in materials and workmanship under ordinary use on delivery and for a period of 12 months from the date of delivery.
Solwang can then decide whether to repair the item, exchange the item or refund the purchase price of the item within a reasonable period of time.
If the Customer has reported a defect, which turns out not to be attributable to Solwang, the Customer shall reimburse Solwang any expenses Solwang may have borne due to the Customers complaint.
The abovementioned is a complete description of Solwang’s liability in connection with insufficient deliveries, and the provision shall be read in the context of the limitation of liability that follows from these terms.
10. Limitation of Liability
The Customer can only claim rights which are expressly set out in these terms are or which follows from consumer protection laws and regulations.
Solwang makes and you receive no warranties, express, implied, statutory or otherwise, and Solwang specifically disclaims any warranty of merchantability or warranty of fitness for a particular purpose unless otherwise stated directly in these terms.
Solwang’s liability and obligation to remedy defects does not include defects occurring as a result of the Customer’s use of the products in connection with other accessories, which directly or indirectly affect the functionality of the products, defects occurring as a result of alterations of the products by the Customer in any way, defects occurring as a result of the Customers use of the products in a way they are not intended for, defects occurring as a result of negligence on behalf of the Customer or any third party, defects occurring as a result of the Customer’s lack of training, from fair wear and tear, accident, fire or other external causes, alterations or repair or defects related to failure to meet requirements or wishes for functionalities not expressly and clearly described in the order confirmation.
In no event will Solwang be liable for any damages, including material damage, personal injury, or other special, incidental, consequential or indirect damages, in excess of the invoiced price of product.
Under no circumstances is Solwang liable for indirect losses, consequential damages, operating losses, loss of data, or costs connected with the re-establishment of data, regardless that they may be due to gross or simple negligence.
The limitation of liability and disclaimer above also apply to Solwang insofar as Solwang might become liable to the Customer outside of contract.
11. Product liability
Solwang assumes product liability according to the Danish Act on Product Liability, but does not assume liability to a greater extent than what is required under the law. Any non-statutory product liability developed by case law in Danish law is expressly disclaimed.
12. Force Majeure
Solwang is in under no circumstance reliable for defect, delays or other faults, if such fault is due to circumstances, which Solwang could not have anticipated at the entering of the agreement, including strikes, lockouts, blockage, confiscation, mobilization, war, terror, vandalism, fire, unusual natural occurrences and other similar events.
13. IPR rights
The Customer accepts that all right to Solwang’s trademarks and designs belongs to Solwang. Violation of those rights will be prosecuted to the full extend of the law.
This agreement is subject to Danish law and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any disputes shall be settled at Solwang’s normal venue in Denmark.