Field of application
The following terms of sale and delivery apply to all offers, sales and deliveries from EasyPartz ApS (hereinafter referred to as ‘seller’), which operates EasyPartz.com, unless otherwise agreed in writing.
Written offers from the seller are only bound to the seller if they are accepted in writing within 30 days from the date of the offer. Otherwise, the offer is deemed to have lapsed. Oral offers are not binding on the seller unless the seller sends written order confirmation to the buyer. The terms stated in the order confirmation are then valid. For custom-made goods, the seller reserves the right to change the offer in any respect until the seller’s final approval of the buyer’s draft or original material is available.
All prices quoted are in Danish kroner and excl. VAT and any other turnover taxes. When ordering larger or smaller quantities than stated in the offer, the seller reserves the right to change the price and delivery time. Buyer is obliged to accept changes in the price until delivery, due to changes in the price from the seller’s supplier as a result of documented increased costs for the seller, such as changes in customs, taxes, duties, etc., as a result of increased costs for the seller, so such as price increases on raw materials, changes in customs duties, taxes and duties, etc. If the seller’s costs increase as a result of the buyer’s circumstances, the seller can claim compensation for this. Discounts are only granted if agreed in writing.
The payment terms are net cash upon receipt of the item by the buyer, unless otherwise agreed in writing in the order confirmation or invoice. If the buyer does not pay on time, a default interest of 2% per. commenced month. Agreed discounts are only granted if the payment is received on time. If delivery is postponed due to the buyer’s circumstances (creditor mora), the buyer is obliged to make any payment to the seller as if delivery had taken place at the agreed time. If there is uncertainty about the buyer’s ability to pay, including as a result of arrears to the seller, the seller is entitled to demand advance payment or security for payment of both already due receivables and for future amounts due. In the event of the buyer’s default, the seller is entitled to cancel previously given commitments on payment deadlines of any kind. Offsetting in respect of undue or disputed claims can only be made by the buyer if the seller has given his consent in writing.
Retention of title
The delivered remains the seller’s property until the entire purchase price incl. freight, fee, etc. has been paid. Buyer is not entitled to set off any counterclaims.
Delivery takes place from the seller’s business address, regardless of whether the seller by his own people or by a third party in accordance with a separate agreement with the buyer brings the item for sale to the buyer. In that case, the buyer pays freight from the place of delivery as well as a handling fee. Delivery time is stated by the seller at best estimate in accordance with the conditions that exist at the time the offer is made / the agreement is entered into. In the event of changed conditions, the seller is entitled to postpone the delivery, but may without undue delay notify the buyer of the changed delivery time. If the delay in delivery is due to the seller being in a situation as specified in the section on limitation of liability, the delivery time is postponed by the time that the obstacle lasts. However, both parties are entitled to cancel the agreement without liability when the obstacle has lasted for more than 2 months. If the delivery has not taken place within 2 months after the stated delivery time, the buyer is entitled to state in writing to the company that the order will be canceled if delivery does not take place within 14 days after the company has received the notification. If the delivery does not take place before the expiry of the 14 days, the order is considered canceled.
3D files and blueprints
The 3D files and related blueprints provided by the buyer, for the purpose of manufacturing goods, are treated confidentially and destroyed at the buyer’s request.
Defects incurred as a result of inconvenience, unusual use or ordinary wear and tear are not covered by the seller’s liability. Upon delivery, the buyer is obliged to inspect the item immediately upon receipt. Complaints must be submitted in writing within 8 days of receipt. If the buyer has discovered or should have discovered defects and not complained as stated, the buyer can not later claim the defect. At the seller’s free choice, defects in the item for sale can be remedied or the seller can make a replacement. For the buyer’s deficiency rights, reference is made to the general rules of Danish law in this regard. Modification and / or interference with the item for sale without the seller’s written consent releases the seller from any obligation.
Items are generally never returned. If the item for sale is to be returned, this can only be done by prior written agreement. In the event that a prior written agreement has been entered into regarding the right to return items for sale, return shipments must be in unbroken original packaging stating the date and number of the issued invoice. Should the right to return have been agreed, the seller reserves the right to deduct a seller’s fixed fee for the return by crediting. Custom-made or custom-made items are never returned.
Seller does not provide warranty unless otherwise agreed in writing.
Limitation of liability
Seller disclaims to the fullest extent all possible liability for any loss and any damage that buyer or others may suffer, be it direct or indirect, as a result of the use of the delivered product. To the extent the seller may be liable to the buyer or others, this liability is limited to the direct loss, and the seller is thus not liable for loss of turnover, operating loss, loss of time, loss of profit or similar indirect losses, including due to delay in delivery or defects in the item for sale. A possible claim for compensation against the seller can not exceed the invoice amount incl. VAT for the item sold. Seller shall not be liable for failure to fulfill its obligations if they are prevented by or made unreasonably burdensome as a result of fire, explosion, natural disasters, war, unrest, states of emergency, seizure, currency restrictions, import / export bans, labor dispute and lack of transportation, general lack of materials due to or delay in delivery from subcontractors or other circumstances beyond the seller’s control.
To the extent that nothing else follows from mandatory statutory provision, the following applies regarding the seller’s product liability: The seller is not liable for loss of property which is not a consequence of a personal or property damage covered by the seller’s liability. The seller is not responsible for damage to real estate or movable property, just as the seller is not responsible for operating losses, profit losses or other indirect losses or damages. The seller is only liable for personal injury caused by the delivered products, if it can be documented that the damage caused is due to errors and negligence shown by the seller.
Venue and choice of law
Any disputes concerning agreements between buyer and seller must be settled by the Copenhagen City Court. Danish law applies.
These terms of sale and delivery can only be deviated from by written agreement between the parties.