Terms and conditions for business

Terms of sale and delivery Dansk Transport Emballage A/S
(referred to as the seller)

 

1. scope of the agreement
If the text of these terms of sale and delivery is used in connection with cooperation agreements, the text of these cooperation agreements shall take precedence over the text of these terms of sale and delivery. These terms of sale and delivery are used in connection with the seller's general order confirmations and unless otherwise agreed in writing between the parties, all deliveries are made on the basis of the conditions below. Any special conditions specified in the buyer's order, acceptance letter or similar are thus not binding on the seller.

2. Delivery
Unless otherwise stated, the terms of delivery are ex our warehouse. When the seller arranges transportation from the warehouse to the buyer's address, this is at the buyer's expense and risk. The goods are shipped from the seller's warehouse or directly from the manufacturer on the date stated on the order confirmation. Delayed delivery due to the seller's circumstances shall only entitle the buyer to compensation if a special agreement has been made to this effect. The seller shall under no circumstances compensate for operating losses, loss of time, loss of profit, loss of earnings or other indirect losses caused by delivery delays. If the buyer has placed an order for a specialty item, including printed goods, and production has started, the buyer is not entitled to cancel the purchase due to delay.

3. Offers and acceptance
All offers made are binding 14 days from the date of the offer unless otherwise expressly stated. When a written order confirmation has been sent, the order is binding. Changes or additions can only be made with the seller's acceptance, and with written submission of the desired changes on the order confirmation. Changes to the order confirmation may result in changes to price and delivery time. The order can also only be canceled with the Seller's prior consent. The order confirmation must be checked immediately upon receipt, as later complaints due to errors in the order printout will not be accepted.

4. test materials
The Seller will, to the best of its ability, advise the Buyer on the choice of packaging for the Buyer's product and, on request, supply test materials for testing. However, the buyer is responsible for testing and choice of packaging unless otherwise agreed in writing. The properties and values of the packaging vary within a certain tolerance range. The actual deliveries can therefore not be guaranteed to be testable in the sense that they are 100% identical to the delivered sample material. The packaging is considered to be contractually delivered if its values are within the tolerance range normally applicable in the industry or if it corresponds to the special quality specifications agreed in each individual case. Unless otherwise agreed, samples sent out and not returned will be invoiced.

5. Prices
It is the buyer's responsibility to check that the price stated in the order confirmation is the same as the price stated in the offer. All prices quoted by the Seller are in Danish kroner, excluding VAT and any other taxes, unless otherwise stated.

6. Payment
Unless otherwise agreed, payment terms are 14 days net cash from the invoice date. For ordered specialty items and printed goods, payment is always made in advance at the time the order is placed. If amounts due are not paid on time, default interest will be charged in accordance with the Interest Act from the due date. A reminder fee of DKK 150 is added to reminder letters.

7. Use of the goods
It is the buyer's responsibility that the delivered goods are suitable for the purpose for which the buyer wishes to use them.

8. Retention of title
The title to the goods sold shall remain with the Seller until all payment obligations towards the Seller have been fulfilled.

9. Duty of inspection
Upon delivery, the Buyer shall check that the goods have not been subject to visible damage. The buyer is obliged to carry out proper testing of the product under realistic production conditions before using the product and to immediately stop production if the product is not satisfactory.

10. Defects
If the buyer wishes to claim defects, he must notify the seller in writing within 5 working days after receipt of the goods. In the event of visible damage, the buyer must also immediately make a note on the relevant consignment note. If goods are defective for which the Seller is responsible, the Seller must replace, repair or rectify the goods at no cost to the Buyer within a reasonable time under the circumstances. If the aforementioned measures are not carried out within a reasonable period of time under the circumstances, the Buyer shall be entitled to cancel the purchase. In addition, the Seller shall have no liability for the defect or deficiency. Thus, no compensation shall be paid for operating loss, loss of time, loss of profit, loss of earnings and other indirect loss.

11. Returns
Intact merchandise in intact packaging can only be returned by prior agreement and against a deduction of 20%. Goods that are not stocked by the seller can only be returned by prior agreement between the seller and the seller's manufacturer.

As a consumer, you have a 30-day right of withdrawal from the time you received the item. If you use your right of withdrawal, you must arrange and pay for the return to our warehouse yourself. DTE can also assist with the return if you contact us about this. The return shipping cost, which is not necessarily the same as the delivery cost, will be deducted from the amount we return to you. The right of withdrawal can only be exercised if the item is returned in substantially the same condition and quantity as it was received. The right of withdrawal lapses if you use the item in a way that obviously significantly reduces the sales value of the item.

The following goods are excluded from the right of withdrawal: Delivery of sealed goods that are not suitable for return for health protection or hygiene reasons and where the seal has been broken after delivery. You lose the right of withdrawal if the seal is broken on goods that are not suitable for return for reasons of health protection or hygiene.
Goods that are procured specifically at the request of a customer are excluded from the right of withdrawal, unless otherwise agreed between buyer and seller.

You are only liable for any deterioration in the value of the item due to handling other than what is necessary to determine the nature, characteristics and functioning of the item. In other words, you can try the item in the same way as if you were trying/looking at it in a physical store.

If the item has been tried/used in addition to what is described above, we consider it to be used, which means that if you cancel the purchase, you will only receive part or none of the purchase amount back, depending on the commercial value of the item.

To receive a full refund, you must do the same as you can in a physical store. You can try it out, without contact with food etc. but not actually use it.

12. product liability
The Seller is only liable for property damage or personal injury caused as a result of defects in the delivered products if it is documented that the defect is due to fault or negligence on the part of the Seller that should not have been prevented by the buyer's inspection. The seller is under no circumstances liable for indirect losses, including, but not limited to, operating and profit losses, loss of time, punitive damages and consequential costs in general, which a defective product may cause/have caused. Furthermore, the Seller is not liable for losses resulting from costs associated with repatriation and redelivery of a resold product. To the extent that the seller is subject to product liability towards a third party, the buyer is obliged to indemnify the seller to the same extent as the seller's liability is limited under the previous paragraphs. If a third party makes a claim against one of the parties for liability under the rules on product liability, that party shall immediately notify the other party thereof. The parties are mutually obliged to allow themselves to be sued/participate in the court/arbitration which deals with such a claim. However, the mutual relationship between the seller and the buyer shall always be governed by the following section on choice of law and jurisdiction.

13. Force majeure
The Seller is not liable for delays due to force majeure or other circumstances that could not reasonably be foreseen. In the event of such delays, the Seller reserves the right to cancel the agreement in whole or in part or to postpone the time of delivery by a reasonable period under the circumstances beyond the delivery time stipulated in the agreement. Force majeure includes in particular labor disputes, shortage of raw materials, shortage of labor, failure of energy and water supplies, traffic disturbances, breakdown of machines, tools and computer facilities, fire, war, mobilization, currency restrictions, blockade, political unrest, state intervention of various kinds such as seizure, export and import bans, sabotage and acts of vandalism directed against the seller's delivery facilities and other similar obstacles beyond the seller's control.

14. Choice of law and jurisdiction
Any dispute arising out of the agreement entered into between the parties shall be finally and bindingly settled by the Court in accordance with Danish law.

15. freight
All prices are ex warehouse Vojens (unless otherwise agreed).
Any freight and fees will be added to the invoice upon shipment of the goods