1.1 The Buyer will be bound by written orders.
2. CONFIRMATION OF ORDERS
2.1 The Seller shall normally confirm the order in writing within 1-2 working days. If confirmation of the order does not reach the Buyer within five days of the date for the order, the Buyer may revoke the order without penalty.
3. TERMS OF AGREEMENTS
3.1 In the event of conflict between the provisions of documents that make up the terms of agreement, said documents will rank in the following order:
a) The order/agreement
b) Enclosures to the agreement
c) The Frame agreement (if any).
d) These conditions of purchase of raw materials and other products for Mondocrystals
e) Confirmation of the order from the Seller
3.2 To be valid, any changes to the document included in the terms of agreement must be in writing and must be signed by both parties.
4.1 In the case where the parties have signed an agreement, it replaces order where order is mentioned.
5. PRICES and PAYMENTS
Mondocrystals receives payments with Dankort / VISA-Dankort, VISA, MC, PayPal and MobilePay. Mondocrystals uses an approved payment server that encrypts all your card information with the Secure Socket Layer (SSL) protocol.
Payment must occur before shipping of goods; unless other agreement made. All amounts will be in either DKK or USD.
5.1 The prices specified in the order confirmation are firm unless otherwise agreed in writing.
6. SHIPPING INSTRUCTIONS AND RIGHTS OF OWNERSHIP.
6.1 The delivery shall be properly packaged and marked and shall be delivered at the agreed time and destination.
6.2 The Incoterms clause specified in the order shall be INCOTERMS 2010.
6.3 If the Buyer is to arrange the shipment, the Seller shall in ample time before shipment obtain shipping instructions from the Buyer.
If the Seller is to arrange shipment, he shall notify the buyer about the shipment as soon as possible and not later than at the time of Shipment so that the Buyer may prepare receipt of the goods.
6.4 A delivery is deemed to be the property of the Buyer at the time of delivery.
7. PACKING LIST, DELIVERY NOTE, INVOICE, ETC.
7.1 Invoice will be given to the Customer in connection with a sale.
7.2 The Buyer’s order number, raw material specification and references – if any - shall always be clearly indicated in the invoice.
7.3 All deliveries shall conform to the stipulation of the order.
8. CERTIFICATES OF ORIGIN AND CUSTOMS INVOICES
8.1 On request, Customs invoice shall be sent to the Buyer or the person indicated by the Buyer.
9. QUALITY ASSURANCE AND CONTROL
9.1 The Seller shall have a quality assurance system appropriate to the kind of goods delivered. The Buyer shall at all times carry out
inspections and checks upon receipt of the purchased goods.
9.2 If at any time the goods should turn out to be deficient or in any other way unsatisfactory pursuant to the agreement or statutory requirements, the Buyer is responsible for taking immediate action towards the Seller.
9.3 The Buyer is obliged to advise the Seller if the Buyer should commit any act of bankruptcy, or voluntarily or involuntarily engage
in reorganization or arrange proceedings under the bankruptcy laws or will wind up/sell his company while effectuating the assignment or when still in the warranty period.
10. WARRENTY AND DEFECT
10.1 After delivery the Buyer shall, as soon as is reasonable under the circumstances, check the goods, including adequate time. The Buyer is obliged to check the goods before they have arrived at the place where they are to be used according to the understanding of the parties.
14 days full return policy is given for goods purchased in our Webshop. The period is counted from the day you receive the order.
You will have to pay return costs yourself.
Cancellation must be reported to us within 14 days of purchase and from the cancellation, you must return within 14 days after the shipment. The notification must be given per email at firstname.lastname@example.org in the notice, you must clearly indicate to us that you wish to utilize your right of cancellation.
10.3 return of goods
You are only liable for any deterioration in the value of the product due to handling other than what is necessary to determine the nature, characteristics and functioning of the product. In other words - you can try the item in the same way as if you tried it in a physical store.
If the item is tried in addition to what is described above, we consider it used, which means that upon cancellation of the purchase you will only receive part or none of the purchase amount, depending on the trade value of the item.
Therefore, in order to receive the full purchase amount, you must do the same as you can in a physical store. You may try the item, but do not use it for real use.
All claims and return must be send to:
11. BREACH OF CONTRACT AND CONSEQUENCES OF BREACH
11.1 For remedied defect and redelivery, a new warranty period shall run for a period of 2 months from the time the remedying/redelivery is accepted by the Buyer.
11.2 The Seller shall do his utmost to limit delays and any resulting, negative consequences.
11.3 In the case of a force majeure situation, such as a war, a natural catastrophe, a general or a trade specific strike which prevents fulfilment of obligations according to this agreement, the obligations of the parties are suspended until situation ceases to exist, with the stipulation that the party which is not in the force majeure situation may cancel the agreement with immediate effect if the force majeure situation should last more than 30 days. Circumstances over which the parties have some control, for instance a local strike, are not deemed to be a force majeure. The party that invokes force majeure must document that such a situation exists.
11.4 If the Seller is in material violation of his obligations, the Buyer may immediately cancel the order in whole or in part and claim damages for his direct and indirect losses.
12. PAYMENTS, ETC.
12.1 The terms of payment are individually agreed. The invoice can be sent before the contractual delivery has taken place. All invoices shall be marked with the order number – if given - and any other references requested by the Buyer and shall clearly indicate to what the amount refers, as well as payment address.
12.2 The Seller may charge interest in overdue payment pursuant to the Danish Norms.
12.3 The goods remain the property of the Seller until payment has been made.
13.1 Within the limitations of what the parties could reasonably expect when the order was placed, the Buyer has not the right to prescribe qualitative and quantitative changes to the Seller’s performance or a change in delivery time unless mutually agreed.
13.2 The Buyer shall cover documented and necessary costs related to implementing of such changes as well as for the direct costs incurred by him, in accordance with the cost and profit level on which the original amount of the order was based. If such changes should lead to savings for the Seller, such savings shall similarly be deducted from the amount of the order.
13.3 If the parties fail to agree on the amount to be added to or deducted from the purchase price as a result of such changes, the changes shall none the less be carried out by the Seller without awaiting final solution of the dispute.
14.1 The Seller shall undertake to treat in the strictest confidence all trial test and all technical, scientific and financial information, including all data, description recipes and the like which the Seller has received and will be receiving from the Buyer or on behalf of the Buyer, be it in writing or oral, electronically or in any other manner, and use such information only in connection with the delivery. The Seller may only disclose such information to its employees on a need-to-know basis, after obtaining the Buyer’s prior written consent in each case.
15. APPLICABLE LAWS AND DISPUTES.
15.1 The delivery, including the order, shall be covered by, construed and enforced in accordance with the laws of Denmark.
15.2 Any dispute arising in connection with or as a result of the order or other terms of agreement, and which cannot be resolved out of court, shall be settled by arbitration in The Maritime and Commercial Court in Denmark. The legal venue for arbitration is Copenhagen, regardless of the actual place of performance.