Sales and delivery conditions for ODEX APS

(2018)

1. General

1.1 All purchase agreements entered into, whether oral, written or via the webshop, are automatically subject to these sales and delivery conditions. Any deviation from these conditions must be agreed in writing between the parties.

2. Order confirmation

2.1 When ODEX receives an order, an order confirmation is sent to the buyer, including the quantity, price, delivery date and destination. for the order appears. The order confirmation also shows whether the goods are a day-to-day order or a pre-order. The content of the order confirmation must be considered agreed between the parties.

2.2 If the buyer has an objection to the content of the order confirmation, the buyer must contact ODEX as soon as possible.

3. Prices

3.1 ODEX sells the goods at the prices that appear in the price list (see section 18). ODEX reserves the right to change the price in the event of printing errors or in the event of force majeure.

3.2 These prices are exclusive of VAT, freight, customs or other taxes (as applicable) associated with delivery, which will only be added to the price when invoicing.

4. Delivery

4.1 Regardless of whether the destination is in Denmark (domestic purchase) or outside Denmark (foreign purchase), except where otherwise agreed, delivery takes place in accordance with CPT - Carriage Paid To - (INCOTERMS 2010) within normal working hours at the place of business where ODEX prepares the individual shipment as indicated on the order confirmation.

4.2 ODEX arranges the freight to the destination, and the price for the freight appears in section 8.

4.3 The risk of accidental loss of the shipment passes to the buyer when ODEX hands over the shipment to the carrier (transfer of risk).

4.4 ODEX delivers to business addresses

4.4 Day-to-day orders

4.4.1 Day-to-day orders are delivered as soon as possible.

4.4.2 If ODEX has the item in stock, then ODEX will normally ship the item on the same day if the order is received no later than 12.00 on a weekday. If not, ODEX will send the item on the next business day. This also applies to web orders. If the item is not in stock, ODEX notifies the buyer and ships the item as soon as the item is back in stock.

4.5 Pre-order

4.5.1 A pre-order is delivered when ODEX has the goods in stock.

4.5.2 The goods will be dispatched as soon as ODEX has the goods in stock. The delivery date on the order confirmation is only the day when ODEX expects the item to arrive in stock. ODEX is not responsible for delays in pre-orders caused by third parties.

4.5.3 Pre-orders are delivered free of charge.

5. Delay

5.1 Delay in delivery must not always be considered significant, cf. contrary to section 21, subsection of the Sales Act. 3. If the delay is not significant, the buyer is not entitled to rights of default.

6. Cancellation

6.1 Cancellations can only be made with ODEX's acceptance. This also applies to pre-orders.

6.2 Provided that ODEX accepts the cancellation of a day-to-day order, the following applies:

If ODEX has not started packing the order, the cancellation is free of charge. If ODEX has started packing the order, we reserve the right to charge a cancellation fee of DKK 150. If the order has been dispatched, ODEX reserves the right to charge shipping costs and a cancellation fee of DKK 500.

6.3 Provided that ODEX accepts the cancellation of a pre-order, this can only be done against a percentage payment of the pre-order according to the following guidelines:

Cancellation no later than 3 months before the confirmed delivery date 30% of the order's value. Cancellation no later than 1 month before the confirmed delivery date 60% of the order's value.

7. Freight

7.1 If delivery makes it necessary to split the shipment into several parcels, then the freight will be settled per parcel. Backorders and pre-orders are sent free of charge.

7.2 ATTENTION! Deliveries are made to business addresses only. See also section 4.4

8. Freight rates

Packages:	0-4 kg:	DKK 49
	5-9 kg:	DKK 59
	10-14 kg:	DKK 89
	15-19 kg:	DKK 109
	20-24 kg:	DKK 129
	25-30 kg:	DKK 149
WEBSHOP:	Orders for more than DKK 2.000 (without VAT) registered through our webshop, are sent freightfree to business adresses.

 

9. Handling fee

9.1 Orders of less than DKK 500 (ex. VAT) are subject to a processing fee of DKK 125, this also applies to webshop orders.

9.2 Per 6-January 2020 We reserve the right to charge an administration fee when we ship goods directly to a consumer. The administration fee is DKK 125, plus shipping from DKK 49.

10. Returned goods

10.1 Goods can only be returned in accordance with the agreement with customer service. Returned goods, which are not complaints, must be returned in original and intact packaging with a delivery note attached and must appear unused in all contexts, so that ODEX can easily sell them to someone else. The buyer bears the shipping costs for returning goods.

11. Errors and omissions

11.1 It is the buyer's responsibility to examine an item immediately after receipt. If, after the examination, the buyer claims that the goods are defective, the buyer must make a written complaint to ODEX immediately after receipt and no later than 3 working days after delivery, specifying the defects that apply.

12. Limitation of liability

12.1 ODEX IS LIABLE FOR COMPENSATION ACCORDING TO THE GENERAL RULES OF DANISH COURT, HOWEVER, SUBJECT TO THE LIMITATIONS STATED IN THESE TERMS OF SALE AND DELIVERY. ODEX IS NEVER RESPONSIBLE FOR LOSS OF OPERATIONS, LOSS OF ADVANCE OR OTHER INDIRECT LOSS. IN NO EVENT SHALL ODEX'S LIABILITY EXCEED THE INVOICED PRICE OF THE SINGLE DELIVERY. IN ADDITION, ODEX IS NOT RESPONSIBLE WHEN CONTRACTUAL DELIVERY IS PREVENTED OR DELAYED DUE TO FORCE MAJEURE.

12.2 THE LIMITATION OF LIABILITY IN SECTION 12.1 SHALL ALSO APPLY TO ODEX'S PRODUCT LIABILITY FOR PROPERTY DAMAGE CAUSED BY DEFECTIVE GOODS FOR COMMERCIAL USE.

13. Complaints

13.1 Complaints must always be reported to customer service before return. Upon return, the complaint must be accompanied by a document specifying the following:

Item name and item number Date of sale (enclose copy of receipt) Description of the fault Date of submission The name of the person to whom the complaint has been reported

13.2 ODEX endeavors to process the complaint immediately after receipt, but in periods a slightly longer processing time must be expected.

13.3 ODEX reserves the right to exchange advertised goods with identical goods, if these are in stock. If the item is discontinued or not in stock, a similar product is offered. In cases where it is not possible to deliver an equivalent item, the item will instead be credited at the price at which the item was originally purchased.

14. Backorders

14.1 Backorders are forwarded with the next order or as soon as possible. We reserve the right to cancel back orders, but not without informing the customer. As a rule, backorders cannot be cancelled, unless the order is delayed by more than 2 months.

15. Terms of payment

15.1 Net cash 8 days from dispatch of the order, unless otherwise agreed.

15.2 ODEX may, however, require prepayment or partial prepayment prior to delivery if ODEX, after a credit assessment, considers it likely that the buyer will not be able to pay the amount on time. In these cases, the buyer has the right to cancel the order. This also applies to pre-orders.

15.3 In case of late payment and thereby sending a written reminder, a fee of DKK 100 per reminder letter. After the due date, interest is calculated at 2% per started month. After 2 reminder letters, our claim is forwarded to a lawyer, who sends a collection notice and assists us with the collection process. Any delay in payments further entitles ODEX to withhold further delivery and releases ODEX from any other contractual obligation. The buyer is not entitled to offset against any counterclaims that are not recognized in writing by ODEX, and is not entitled to withhold any part of the purchase price due to offsets of any kind.

16. RETENTION OF OWNERSHIP

16.1 THE GOODS REMAIN THE PROPERTY OF ODEX UNTIL PAYMENT IS MADE IN FULL, TO THE EXTENT SUCH RETENTION OF TITLE IS VALID.

17. Choice of venue

17.1 All disputes and inconsistencies, which may directly or indirectly arise from these terms and conditions of sale and delivery and everything related to them, including their interpretation, must be settled by arbitration at the Arbitration Institute in accordance with the rules adopted by the Arbitration Institute in this regard, which are applicable at the beginning of the arbitration proceedings and according to Danish substantive law. The International Sale of Goods Act (CISG) does not apply.