General (§1)
1.1. These sales terms and conditions apply to all sales and deliveries made by Nielsen Decor Design (“Seller”) to its customers (“Buyers”).
They also apply to any future business transactions between the parties. Any conditions that conflict with these terms and conditions will not be accepted by the Seller unless expressly agreed to in writing.
1.2. Any changes, additions, or amendments to these terms and conditions will only be valid if made in writing and signed by the Seller. Any amendments must be provided as an appendix to the agreement.
1.3. The Buyer’s terms of purchase will not apply to the contractual relationship unless accepted in writing by the Seller.
Limitation of Liability (§2)
2.1. The Seller will not be liable for any losses relating to operation, time, profits, business opportunities, or claims from the Buyer or third parties. The Buyer cannot claim compensation for any costs resulting from the use, removal, installation, or other usage of the products.
Retention of Title (§3)
3.1. Goods sold will remain the property of the Seller until payment has been made in full.
Intellectual Property Rights (§4)
4.1. All visual material is the property of the Seller. Any actions taken concerning the Seller’s intellectual property must be made with prior written agreement and in correspondence with the Seller’s visual identity. In the event of a terminated collaboration between the Buyer and the Seller, the Seller reserves the right to disallow the Buyer from using any of the Seller’s intellectual property and materials.
Order Confirmation and Offers (§5)
5.1. The Buyer is responsible for verifying the order confirmation upon receipt and notifying the Seller immediately in case of any discrepancies from the original order. If no verification is made, the Seller will not accept any claims made by the Buyer regarding the order.
5.2. The Seller’s offer is valid for 10 days, unless otherwise agreed and confirmed in writing by the Seller.
Conditions of Delivery (§6)
6.1. All delivery times and dates are estimates and non-binding, unless expressly agreed and confirmed in writing by the Seller. All deliveries are made according to Incoterms 2020. 6.2. The Seller will not be liable for any delays or extended delivery times during holiday seasons.
6.3. If there is a delivery delay, the Seller must immediately notify the Buyer in writing and provide a revised delivery date acceptable to the Buyer. The Buyer must provide the Seller with an acceptable timeline of 14 days for the Seller to fulfill its obligations. If the delivery term agreed upon cannot be met due to circumstances beyond the Seller’s control, such as force majeure, actions of the Buyer, or lack of actions of the Buyer, the delivery terms will be extended accordingly. The Buyer cannot cancel the contract due to delays caused by the Seller, unless such delays exceed 30 days.
6.4. The Buyer is not entitled to claim compensation of any kind due to delays caused by the Seller.
Prices (§7)
7.1. The Seller reserves the right to change prices and will not be liable for any misprints or printing errors in printed or digital materials.
7.2. Prices quoted are non-binding, and the Seller reserves the right to adjust the agreed prices if the delivery has not taken place due to the Buyer’s exposure to exchange rate fluctuations, increased prices from subcontractors, increased raw material prices, changes in labor wages, government intervention, or similar conditions.
Payment (§8)
8.1. We accept payment by credit card or wire transfer. In the event of non-payment, we reserve the right to take legal action to recover the amount owed.
8.2. Payment for delivered goods is due in cash upon arrival, unless otherwise agreed.
8.3. If the Buyer doesn’t pay, the Seller can charge 1.3% interest per month and withhold the Buyer’s order.
8.4. If the Buyer returns goods, they must have prior written agreement and cover all shipping costs. Failure to pay will result in financial recovery costs.
Inspection obligations, complaints, and return of goods (§9)
9.1. The Buyer must immediately inspect the delivery upon arrival.
9.2. Goods can only be returned with prior written agreement, and the Buyer must cover all shipping costs.
9.2. If the delivery was made on the Buyer’s freight agreement, they are responsible for any transportation claims.
9.3. The Seller is liable for defects for 24 months after delivery. Complaints do not exempt payment obligations.
9.4. Claims for damage during transportation must be made immediately to the carrier and the Seller.
Defects (§10)
10.1. Complaints about defects must be made immediately, at the latest 2 days after receipt of goods.
10.2. The Seller is obligated to remedy defects or provide compensation, but is not liable to pay compensation.
Product liability (§11)
11.1. The Seller is not liable for business injury resulting from their deliveries.
11.2. If the Seller is faced with a claim for business injury from third parties, the Buyer must cover the Seller’s costs of defense.
Force majeure (§12)
12.1. The Seller is not responsible for delays or hindrances caused by circumstances beyond their control, such as war, natural disasters, or IT breakdowns.
12.2. The Seller may postpone or cancel the agreement without liability.
Disputes (§13)
13.1. All disputes arising from the contract are to be settled according to Danish law.
13.2. Legal action may be taken at the Seller’s or Buyer’s jurisdiction, at the Seller’s discretion.
