Terms and conditions
1.1 Application. These General Terms and Conditions of Sale and Delivery (the "Conditions") apply to all agreements regarding dB-Shield®, CVR number 42424676 (the "Company"), sale and delivery of products, spare parts, and associated services to business customers.
2.1 Basis of Agreement. The Conditions, together with the Company's offers and order confirmations, constitute the entire agreement regarding the Company's sale and delivery of products, spare parts, and associated services to the customer (the "Agreement Basis"). The customer's purchasing terms printed on orders or communicated in any other way to the Company are not part of the Agreement Basis.
2.2 Amendments and Additions. Amendments and additions to the Agreement Basis are only valid if agreed upon in writing by the parties.
2.3 Legal Status. Each party must immediately notify the other party if it changes its status as a legal entity, is placed under bankruptcy or reconstruction, or undergoes voluntary liquidation.
3.1 Products and Spare Parts. Products and spare parts sold and delivered by the Company to the customer are new and comply with Danish law at the time of delivery. The Company sells and delivers spare parts for a product for at least 24 months after it is delivered to the customer.
3.2 Services. Associated services sold and delivered by the Company to the customer in connection with the sale and delivery of products or spare parts, such as customizations, are performed correctly and comply with Danish law at the time of delivery.
3.3 Personal Customizations. It is emphasized that all orders are personally customized, hence no returns are accepted once the order is placed.
3.4 Limitation of Liability. Products, spare parts, and associated services sold and delivered by the Company to the customer are intended as hearing protection and earplugs for use in Denmark. Regardless of any conflicting terms in the Agreement Basis, the Company is not liable for any loss or damage attributable to use for other purposes or use outside Denmark. The customer must indemnify the Company to the extent the Company incurs liability for such loss or damage.
4.1 Price. The price for products, spare parts, and associated services follows the Company's current price list sent to the customer at the time the Company confirms the customer's order unless otherwise agreed in writing by the parties. All prices are exclusive of VAT.
4.2 Payment. The customer must pay all invoices for products, spare parts, or associated services no later than the date the invoice is due unless otherwise agreed in writing by the parties.
Payment can be made using Dankort, Visa, Mastercard, MobilePay, Apple Pay, and Google Pay. All amounts are stated in Danish kroner (DKK) and include VAT unless otherwise specified. dB-Shield® uses an approved payment server that encrypts all your card information using the SSL (Secure Socket Layer) protocol. This ensures that your information cannot be read.
5.1 Interest. If the customer fails to pay an invoice for products, spare parts, or associated services on time for reasons for which the Company is not responsible, the Company is entitled to interest on the overdue amount at 2% per month from the due date until payment is made.
6.1 Offers. The Company's offers are valid for 10 days from the date the offer is dated unless otherwise stated in the offer.
6.2 Orders. The customer must send orders for products, spare parts, or associated services to the Company in writing. An order must include the following information for each ordered product, spare part, or service: (i) Order number, (ii) Item number, (iii) Item description, (iv) Quantity, (v) Price, (vi) Payment terms, (vii) Delivery date, (viii) Delivery address, and (ix) Delivery terms.
6.3 Order Confirmations. The Company strives to send confirmation or rejection of an order for products, spare parts, or associated services to the customer in writing no later than 1 business day after receipt of the order. Confirmations and rejections of orders must be in writing to be binding on the Company.
6.4 Order Changes. The customer cannot change a placed order for products, spare parts, or associated services without the Company's written acceptance.
6.5 Discrepant Terms. If the Company's order confirmation for products, spare parts, or associated services does not match the customer's order or the Agreement Basis, and the customer does not wish to accept the discrepant terms, the customer must notify the Company in writing no later than 2 business days after receipt of the order confirmation. Otherwise, the customer is bound by the order confirmation.
7.1 Delivery Time. The Company delivers all sold products, spare parts, and associated services at the time stated in the Company's order confirmation, typically 3-4 weeks after making impressions. The Company is entitled to deliver before the agreed delivery time unless otherwise agreed by the parties.
7.2 Inspection. The customer must inspect all products, spare parts, and associated services upon delivery. If the customer discovers a defect or deficiency that the customer wishes to claim, it must be immediately notified in writing to the Company. This is done by filling out a complaint form available on the Company's website. If a defect or deficiency that the customer discovers or should have discovered is not immediately notified in writing to the Company, it cannot be later claimed.
7.3 Invoicing. The invoice is sent upon dispatch of goods from the Company.
8.1 Notice. If the Company expects a delay in the delivery of products, spare parts, or associated services, the Company will inform the customer and state the reason for the delay and the new expected delivery time.
8.2 Cancellation. The purchase cannot be canceled as it is custom-made.
9.1 Warranty. The Company guarantees that products, spare parts, and associated services are free from significant defects and deficiencies in design, materials, and workmanship for 6 months after delivery. For parts replaced under warranty, the warranty period is 6 months from the replacement, but no more than 12 months from the original delivery.
9.2 Exceptions. The Company's warranty does not cover wear parts and defects or deficiencies caused by: (i) normal wear and tear, (ii) storage, installation, use, or maintenance contrary to the Company's instructions or general practice, (iii) repairs or changes made by others than the Company, and (iv) other conditions for which the Company is not responsible.
9.3 Notice. If the customer discovers a defect or deficiency within the warranty period that the customer wishes to claim, it must be immediately notified in writing to the Company as per section 7.3. If a defect or deficiency that the customer discovers or should have discovered is not immediately notified in writing to the Company, it cannot be later claimed. The customer must provide the Company with the information about a notified defect or deficiency as requested by the Company.
9.4 Inspection. Within a reasonable time after the Company has received notice from the customer of a defect or deficiency and investigated the claim, the Company will notify the customer whether the defect or deficiency is covered by the warranty. The customer must, upon request, send defective parts to the Company. The customer bears the cost and risk of parts during transport to the Company. The Company bears the cost and risk of parts during transport to the customer if the defect or deficiency is covered by the warranty.
9.5 Remedy. Within a reasonable time after the Company has given notice to the customer under section 9.4 that a defect or deficiency is covered by the warranty, the Company will remedy the defect or deficiency by: (i) replacing or repairing defective parts, or (ii) sending parts to the customer for the customer's own replacement or repair.
9.6 Termination. If the Company fails to remedy a defect or deficiency covered by the warranty within a reasonable time after the Company has given notice to the customer under section 9.4, for reasons for which the customer is not responsible, and the defect or deficiency is not remedied within a reasonable period of at least 4 weeks, the customer may terminate the order(s) affected by the defect or deficiency without notice by written notice to the Company. The customer has no other rights in respect of defects or deficiencies in products, spare parts, or associated services than those expressly stated in section 9.
10.1 Liability. Each party is responsible for its own actions and omissions in accordance with applicable law, subject to the limitations set out in the Agreement Basis.
10.2 Product Liability. The Company is liable for product liability concerning delivered products and spare parts to the extent such liability follows from mandatory legislation. The customer must indemnify the Company to the extent the Company incurs additional product liability.
10.3 Limitation of Liability. Regardless of any conflicting terms in the Agreement Basis, the Company's liability to the customer cannot per calendar year exceed 100% of the net sales of products, spare parts, and associated services invoiced to the customer in the immediately preceding calendar year. The limitation of liability does not apply if the Company has acted intentionally or with gross negligence.
10.4 Indirect Losses. Regardless of any conflicting terms in the Agreement Basis, the Company is not liable to the customer for indirect losses, including production, sales, profit, time, or goodwill losses, unless caused intentionally or with gross negligence.
10.5 Force Majeure. Regardless of any conflicting terms in the Agreement Basis, the Company is not liable to the customer for failure to fulfill obligations due to force majeure. Exemption from liability persists as long as the force majeure situation exists. Force majeure includes circumstances beyond the Company's control, which the Company should not have foreseen at the time of the agreement. Examples of force majeure are unusual natural conditions, war, terrorism, fire, flood, vandalism, and labor disputes.
11.1 Ownership. The full ownership of all intellectual property rights related to products, spare parts, and associated services, including patents, designs, trademarks, and copyrights, belongs to the Company.
12.1 Disclosure and Use. The customer must not disclose or use or enable others to use the Company's trade secrets or other information, regardless of the nature, that is not publicly available.
12.2 Protection. The customer must not unduly obtain or attempt to obtain knowledge or access to the Company's confidential information as described in section 12.1. The customer must handle and store the information properly to avoid its unintended disclosure.
12.3 Duration. The customer's obligations under sections 12.1-12.2 apply during the parties' trade and without time limitation after the trade ends, regardless of the reason for the termination.
13.1 Processing. The Company processes personal data in accordance with the General Data Protection Regulation and the Data Protection Act. Information about the customer's name, email, phone number, etc., is used only in connection with the customer's order and communication with the customer.
13.2 The Data Subject's Rights. The Company complies with the data subjects' rights (e.g., right to access, rectification, erasure, restriction of processing, objection, data portability, complaint, and the right not to be subject to a decision based solely on automated processing, including profiling).
13.3 Storage and Disclosure. The Company retains the information as long as necessary for the purpose for which the information is processed. The Company does not disclose, sell, or otherwise transfer information to third parties unless the customer has given consent.
13.4 Contact. If the customer wants information about the data being processed, to have data deleted or corrected, the customer can contact us via info@audiovox.dk.
14.1 Governing Law. The parties' trade is in all respects subject to Danish law.
14.2 Jurisdiction. Any dispute arising in connection with the parties' trade must be resolved by a Danish court.