Terms and conditions applicable to all trade between business customers and Jydsk Emblem Fabrik A / S, Sofienlystvej 6-8 8340 Malling, CVR. No. 15507586 (hereinafter “JEF A / S”). Misstoro.dk is owned by JEF A / S.
1. Use and validity
1.1 Any delivery shall be made in accordance with the following terms of sale and delivery, unless these have been waived by express written agreement.
1.2 The buyer’s statement of special terms in tender documents, orders etc. is not considered to be a derogation from the following terms, unless JEF A / S has accepted them in writing.
2. Offer / order
2.1 Agreement between the buyer and JEF A / S is considered first by the agreement of JEF A / S’s acceptance of the order.
2.2 Cancellation or amendment of an order can only be made with the written approval of JEF A / S.
2.3 The buyer must compensate JEF A / S ‘costs and losses on cancellation or change, however at least an amount corresponding to 10% of the agreed purchase price excluding VAT.
2.4 JEF A / S is at any time entitled to change material selection to the offered product, if the product still meets the usual standard and specific specifications specified by the buyer.
2.5 JEF A / S is entitled to deliver the agreed quantity +/- 10% when manufacturing other goods than catalog and standard goods.
3.1 The prices of JEF A / S are exclusive of the current VAT, other taxes, duties, fees, freight, handling fees and the like.
3.2 Shipping abroad: JEF A / S ‘webshop is primarily aimed at the Danish market. JEF A / S ‘regular freight rates when ordering online are therefore only valid when delivering to Danish addresses. In the case of goods shipments abroad, an extra freight fee will be charged. The amount of the fee depends on the volume and weight and will be imposed on the buyer at all times. If the buyer orders goods that are to be delivered abroad, JEF A / S ‘sales staff will contact the buyer with reference to the order and state the final freight fee.
3.3 On the invoice, 0.75% of the invoice value is added to transport insurance. If the buyer does not wish to insure the shipment, the buyer must make a written declaration to that effect in connection with the delivery of the order, after which JEF A / S disclaims the responsibility for loss, damage during transport etc.
4.1 The terms of payment are net cash upon receipt of the goods, unless otherwise stated by express written agreement or appearing on the invoice.
4.2 If the buyer does not pay the purchase price in due time, JEF A / S may from the due date calculate default interest in accordance with the Interest Act.
4.3 The buyer is not entitled to withhold any part of the purchase price as security for the fulfillment of any counterclaims relating to other supplies, and such detention will be regarded as a material breach of the agreement.
4.4 Secure payment at Misstoro.dk:
4.4.1 JEF A / S approves the following payment cards at Misstoro.dk: Dankort, MasterCard, EUROCARD, VISA, VISA / DK, VISA Electron, JCB, American Express, UNION PAY.
4.4.2 When the buyer trades on Misstoro.dk, the payment is approved by Danish PBS / NETS. In addition, JEF A / S uses the secure and recognized payment system Quickpay. Buyer’s card details and other personal information are therefore treated confidentially through this payment system.
4.4.3 When the buyer has made a payment online, the money is deducted from the buyer’s account when JEF A / S has approved and accepted the order. This often happens the same day the buyer completes the order. JEF A / S follows this procedure, since it is often a special production (a composite product) that cannot be reused by others if the buyer does not pay.
4.4.4 It is possible for public institutions to pay with EAN number on Misstoro.dk. By electronic invoicing (EAN invoice), a billing fee of DKK 35.00 excl. VAT.
5.1 JEF A / S reserves the right to any delivery until payment has been made.
6.1 All goods ordered via Misstoro.dk are delivered and sent as soon as possible. The delivery time for stock items is normally approx. 5 working days after the buyer has received the order confirmation. Special items include a separate order confirmation and an indication of the delivery time.
6.2 JEF A / S is entitled, if necessary, to extend the agreed delivery time by up to 10 days from the expiry of the fixed delivery time, provided that JEF A / S informs the buyer of the extension before this time. In that case, the buyer is not entitled to exercise breach of contract until after the expiry of the extended delivery period.
6.3 The place of collection is, in the absence of any other special mention in the order, the address of JEF A / S, Sofienlystvej 6-8, 8340 Malling.
7. Drawings, descriptions and intellectual property rights
7.1 All drawings and technical documents relating to the goods or their manufacture, which are left to the buyer before or after the agreement, remain JEF A / S’s property. Without JEF A / S’s written consent, the said material must not be used, copied, reproduced, transmitted to or otherwise brought to third party knowledge.
7.2 JEF A / S is not obliged to hand over the material and the tool that forms the basis for the manufacture of the product. The aforementioned tool belongs to JEF A / S. Production tools are stored for 3 years from the latest delivery.
7.3 JEF A / S trademark, as well as all figurative and non-figurative brands and more generally all other trademarks, illustrations, images and logos (hereinafter “Trademarks”), which are found on Misstoro.dk, whether registered or not, are and remains JEF A / S’s exclusive property. Use of such trademarks, in whole or in part and for any reason, is strictly prohibited.
8. Obligation to investigate
8.1 Upon receipt of a delivery, the Buyer is obliged to carry out appropriate investigations to establish any deficiencies.
9.1 The buyer must give written notice of defects directly to JEF A / S immediately after the defect has been discovered or should have been discovered. This also applies to complaints about quantity differences. The message must contain a specification of the defect. If the buyer wants to cancel the purchase or demand delivery or replacement of the goods, notification must be given to JEF A / S about this without undue delay. Otherwise, the buyer has lost his right to reject the goods or demand delivery.
9.2 If the buyer does not notify JEF A / S in accordance with item. 9.1, the buyer loses his or her right to make a claim for the defect.
9.3 In the event of a complaint, the buyer is not entitled to dispose of the delivered or return this to JEF A / S without JEF A / S’s written approval. If the buyer has advertised the goods and it turns out that there is no defect that JEF A / S is responsible for, JEF A / S has the right to reimbursement for the work and the costs incurred by JEF A / S.
10. Force majeure
10.1 JEF A / S cannot be held responsible for delays or costs as a result of industrial discrepancies, strikes, fire, environmental restriction, lack of delivery from subcontractors, transport delays or other force majeure or delays that are outside the influence of JEF A / S. The occurrence of the aforementioned circumstances does not entitle the buyer to cancel the contract or hold JEF A / S liable for any loss.
11.1 The liability of JEF A / S for defects is limited to replacement or remediation.
11.2 The responsibility of JEF A / S does not include defects in the product resulting from the choice of a special material which the buyer of his choice has provided JEF A / S with for the use of a special manufacture of the product. 11.3 JEF A / S does not in any way guarantee that goods prescribed or specified by the buyer do not infringe the rights of third parties. JEF A / S also requires that the buyer has obtained all relevant licenses from any rights holders.
11.4 JEF A / S accepts no responsibility for the fact that delivered products may legally be used for intended purposes.
11.5 JEF A / S has no responsibility for defects other than those prescribed in this point 11. This applies to any loss that the defect may cause, including operating losses, lost earnings and other indirect losses.
11.6 JEF A / S makes reservations for temporarily discontinued goods, printing errors, technical failures in connection with the use of JEF A / S ‘website and failure to process orders as a result, and JEF A / S assumes no responsibility for such matters.
12. Governing law and venue
12.1 Any disagreement or dispute between the parties regarding the understanding and scope of these terms of sale and delivery shall be settled by the court of Aarhus using Danish law, with the exception of rules of private international law which may refer the case to foreign law.