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Terms of Sale and Delivery


1. Contractual basis

These terms shall apply to all orders and delivery agreements from Artefina Design unless otherwise expressly agreed in writing. Artefina's order confirmation, these sales and deslivery terms and the Danish sale of Goods Act shall apply to all delivery agreements in the above order of priority

 

2. General

Prices on the website and the cataloque are only valid for the current season.

Delivery: Ex works, Esbjerg. Freight costs will be added according to prices from Artefina Design forwarders. Additional fees for island delivery will be added when appilicable. Fees for delivery with lift will be added as well when appicable. 

Payment is in advance or subject to a prior written agreement on credit insurance for the payment between customer and Artefina Design. 

The minimum order at first purchase is DKK 3000,00 / NOK. 3000,00 /  SEK. 3000,00 / EUR. 500,00

 


3. Offer and order confirmation

Unless otherwise specified in the quotation, quotations made by Artefina Design shall lapse if not a accepted as made no later than fourteen (14) days after the date of the quotation. Artefina Designs shall not be bound by the quotaion, and an agreement shall be binding only when Artefina Design sends an order confirmation after receipt of the customer's acceptance. 
The customer shall check the order confirmation, and any objections to it,  shall be made by the date stipulated in the order confirmation or, if no date is stipulated, not later than the day following the date on which the order confirmation was received. If the customer makes no objections within the above deadline, the order confirmation shall be binding. Artefina shall not be liable for errors in the order confirmation. 

 

4. Prices and terms of payment

All prices ( including prices started in cataloques and on websites) shall be in DKK/EUR without VAT, carriage, duties, texes and other charges. If the prices of the quoted or agreed delivery are amended as a result of amended purchase prices, exchange rates, carriage, duties, taxes etc. Artefina Design shall be entited to amend the prices quoted to or agreed with the customer on ten (10) days notice. 

The invoice amount falls due according to due date on invoice. Delayed payment will result in a DKK. 100,00, NOK 100,00 SEK 120,00, EUR 13,44 late fee being added to each reminder. Furthermore, accounts not paid within terms are subject to a 2,00% monthly finance charge. 
 

5. Terms and time of delivery

Delivery will be at the customer's risk irrespective of its being arranged by Artefina Design. 
The time of delivery shall be started in the order confirmation. The time of delivery started in the order confirmation is appoximate. Delivery in lots may occur and will be invoiced on the basis of the lot concerned. Back orders shall be delivered as agreed with the customer. 

For all orders carriage shall be added to the invoice at the rate applicable at the time. The price list for carriage may be obtained from Artefina Design. Back orders of less than DKK 1.000,00 / NOK 1.000,00 / SEK 1.200,00 / 150,00 will not be forwarded, but will be cancelled in the customer's account with Artefina Design.

If the customer refuses delivery or are unable to accept delivery on the agreed date, the customer shall cover any associated costs or loss incurred by Artefina Design, including the costs of storage until the customer has accepted delivery on the agreed terms.



6. Liability for delay

If a fixed time of delivery has been agreed in writting, the customer shall - in the event that Artefina Design exceeds the date of delivery by more than thirty (30) working days, and provided that the exceeding of the deadline is of marterial inconvenience to the customer - be entitled to make a written claim for delivery with a new resaonable deadline which, however shall not be less than thirty (30)working days. 
If Artefina Design fails to take reasonable steps to ensure delivery within the stipulated deadline, the customer shall be entitled to terminate the agreement in respect of the delyed delivery. 
Artefina Design liability for delay shall always be limited to the invoice value of the delayed delivery or lot. 


7. Retention of title

The delivered products shall remain the property of Artefina Design until payment, including any interest and costs, has been made in full. The customer shall take all necessary precautions to protect Artefina Designs property until the title has passed to the customer 


8. Liability for defects

Immediately upon delivery and in any event no later than fourteen (14) days after receipt of the delivery, the customer shall perform an examination of the products as required by proper business practice. 
Complaints regarding defects shall be made in writing upon the customer's receipt of the goods, but no later than fourteen(14) days after delivery. 
 
Return of goods shall be subject to previous written agreement with Artefina Design. Products that are returned to Artefina Design without prior agreement will not be credited. 
 
In the event of timely and justified complaint, Artefina Artefina's liability shall be limited to free delivery of an equivalent new product within a reasonable deadline. Artefina Design shall however at it's own option, be entitled to pay compensation to the customer not exceeding the invoice value of the defective product. Artefina Design shall pay no other demages or compensation. 
The customer may claim only the rights expressly started in these sales and delivery terms. 
In the event that the customer forwards complains regarding defect which are found not to be Artefina Design's fault, the customer shall reimburse any costs, e.g. lawyers' fees, incurred by Artefina Design in this respect


9. General limitations of liability  (including force majeure)

In no event shall Artefina Design be liable for operating loss, loss of profit or any other indirect losses. 
Any advice provided by Artefina Design in connection with the customer's purchase shall be deemed to be for guldance only, and Artefina Design shall assume no liability in this respect and shall thus not  be liable for the suitability of the product for specific purposes. 
Artefina Design shall not be liable for defect, delay or any other damage caused by circumstances which Artefina Design count not to have expected, including acts of war, terrorism, malicious damage, fire, blockades, mobilisation, import and export restrictions, political unrest, strike, lockout, labor shortage or shortage of goods, unusual natural events etc. 


10. Product liability

Artefina Design shall assume product liability in accordance with current applicable legislation, but shall not assume any liability in excess of what is provided by law.  Any product liability developed in Danish case law but not stipulated by law may thus expressly not be relied upon. 

In no event shall Artefina Design be liable for operating  loss, loss of profit or any other indirect loss. 

 

11. Artefina's intellectual property rights. 

The customer is aware that all intellectual property right in respect of Artefina Design's trade mark, and design belong to Artefina Design. The customer's use of these shall thus be subject to Artefina Design previous agreement in writting. 

 

12. Information

Arefina Designs´s shall asstume no liability for errors in cataloques, brochures or ther printed material or for any misinterpretation of the information provided therein. 


13. E-Commerce

Goods from Artefina Design may not be sold on websites such as eBay, Trendsales, QXL or other similar websites and the customer is aware that sales via any such websites would have a material negative impact on Artefina Deisgn's goodwill and intellecutal property rights. 

14. Governing law and vanue

This Agreement shall be Govemend by Danish law with the exception af CISG, and any disputes shall be settled by the court stipulatid in Artefina Design's articles of association as the court of first instance. 

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Artefina Design - Lærkevænget 5, 6710 Esbjerg V - Telephone: +4540797920 - E-mail: design@artefina.dk