01 GENERAL CONDITIONS
These General Terms and Conditions are accepted by the Customer (“Customer”) when concluding an agreement on sale, design and delivery of products (“Agreements”) with the Danish company Design Studies ApS, company registration number 39 13 95 53 (“Design Studies”).
The applied language of the Agreements is English unless otherwise agreed between the parties.
In case of inconsistency between an Agreement and these General Terms & Conditions, the Agreement has priority.
All prices are in DKK inclusive VAT and exclusive of delivery costs. Depending on the applicable delivery service, delivery destination and/or payment method, further costs may occur.
03 PAYMENT & DELIVERY
An Agreement is concluded and final, upon the Customer’s receipt of an order confirmation from Design Studies.
Payment has to be made upon the Customer’s receipt of the order confirmation and the invoice and prior to delivery. If the Customer fails to pay within the time limit stated in the invoice, interests will be added according to Danish law.
With the exception of minor delays, the product will be delivered when the production is completed
04 RIGHT OF WITHDRAWAL
In case of purchases made online by the Customer, the Customer has a right of withdrawal according to applicable Danish law.
However, such right of withdrawal do not apply if the product in question is specially manufactured for the individual Customer.
To utilize the right of withdrawal, the Customer must complete and send the withdrawal form received as an attachment to the order confirmation. The form and documentation must be sent to email@example.com.
The customer is to pay transportation costs if the right of withdrawal is exercised.
The Customer does not have any other rights of withdrawal than stated above.
05 NON-CONFORMATI AND NOTIFICATION
The Customer is obliged to inspect the products immediately after delivery.
In case of defaults, the Customer must notify Design Studies within a reasonable time after having discovered the default. After 24 months from delivery, Design Studies is no longer responsible for defaults which where or should have been discovered prior to the expiration of 24 months after delivery.
Design Studies has the right to remedy any default, either through repairs or substitution of the product in question. Reasonable costs related to the product being submitted for repair works are covered by Design Studies.
The Customer is responsible for the product subject to repair works, until the product in question is repaired by Design Studies.
Since the products consists of organic materials, expansions, marks, cracks, structural changes and similar in the products resulting from the materials natural conditions is not to be seen as a defect. Hence, such deviations from presented samples, models etc. is not to be seen as a defect.
Design Studies is not liable for defaults resulting from normal wear and tear, the Customer’s direct or indirect mismanagement, insufficient maintenance and/or improper handling of the product. Reference is made to the instructions and guidelines provided by Design Studies. Further, Design Studies may refuse a default notification if Design Studies finds that the defaults is due to the Customer’s dissembling of the product without consent or instruction from Design Studies.
Design Studies is under no circumstances liable for indirect, special, consequential or incidental damages or losses, including but not limited to operating losses, loss of profits, loss of time, whether claimed in contract, warranty, product liability, tort (including negligence) or otherwise.
07 DATA PROTECTION
When placing an order, the Customer agrees and understands that Design Studies stores, processes and use data collected on the Customer for the purposes of processing the order.
If the Customer wishes to access the information that Design Studies holds concerning the Customer, or wants to make any change hereto, the Customer may contact firstname.lastname@example.org.
08 FORCE MAJEURE
Design Studies is not responsible for delay or hindrance of deliveries that are caused by force majeure events such as (however not limited hereto): bad weather, war, riots, civil disturbances, governmental intervention, fire, strike, lockout, epidemics, pandemics, electronic virus attacks on systems, IT breakdowns, ban on import and export, missing, defective or delayed deliveries from sub-suppliers, shortage of manpower, fuel or transportation, mobilization, currency restrictions, or similar cause that is beyond Design Studies’ control and that may have an impact on Design Studies’ normal business operations.
If delivery is prevented temporarily by any of the above causes, the time of delivery is postponed for a time equal to the duration of the hindrance, and delivery to the postponed time is considered on time.
If the hindrance is expected to last more than six months, Design Studies may at its own choice annul the Agreement.
In the event of a force majeure event, Design Studies is not required to reimburse any payments already occurred unless Design Studies chooses to annul the Agreement as per above.
09 INTELLECTUAL PROPERTY RIGHTS
Design Studies reserves all right, title and interest under applicable intellectual property laws in intellectual property in connection with the products.
Intellectual property means all intellectual property and/or proprietary rights, including without limitation all rights in inventions, patents, patent applications, domain names and know-how for any product, process, method, machine, manufacture or design, as well as design rights, copyrights, trademark, trade dress and trade names (whether registered or unregistered).
10 GOVERNING LAW AND JURISDICTION
These General Terms and Conditions and all matters and disputes arising from or connected with these and any Agreements shall solely be interpreted in accordance with and be governed by the domestic laws of the Kingdom of Denmark to the exclusion CISG (“United Nations Convention on Contracts for the International Sale of Goods”) and to the exclusion of any conflict of law rules and principles which would refer the matter to another jurisdiction.
Any dispute, controversy or claim arising out of or relating to these General Terms and Conditions, termination or invalidity of any related Agreement, shall be settled by the city court of Aarhus, Denmark as district venue.