Terms Privat terms Delivery and transportation Delevery is completed when the customer has had the goods handed over. Delivery time within Europe is usually 2-5 days (unless otherwise stated). Payment and Security In this online Milker Store we accept most major credit cards. Payment follows directly after you have made up your order. Go to 'Show Basket' in the main menu or 'Proceed to Checkout' from anywhere on the site and follow the instructions. Through payment with a credit card you are always fully secured against fraud. We use the SSL (Secure Socket Layer) which means that you will pay no charge of any kind in case your card is being misused in any way. If you see a payment on your statement that you did not make, you simply refuse it and the money will be returned to your account. Milker will only draw the money from your account when the goods have actually been delivered. We can never charge more that the amount you have agreed to. In case we are not able to deliver all the goods you have ordered we can however charge less than the full amount of your order. Right of cancellation Buyer is entitled to cancel any order within 14 days of receipt. The goods must be returned in the same state as when delivery and unused. The cost of returning the goods as well as for the original shipment will be carried by the buyer. The Company Milker Dyrehavevej 8, St.th DK-2930 Charlottenlund Phone.: +45 70211150 E-mail: info@milker.dk CVR.nr.: 27534600 B2B Terms of sale and delivery for MILKER These terms of sale and delivery for Milker, Dyrehavevej 8, CVR no. 27 53 46 00 (hereinafter ”MILKER’s terms of sale and delivery”) are to apply to all orders, taking precedence over any such or similar terms from a customer, unless specifically derogated from by written agreement. The terms of sale and delivery are subject to amendment from time to time and without prior notice. The customer confirms having read and understood and accepted these terms of sale and delivery. 0. Minimum orders MILKER will only accept orders for DKK 3,000/ 500 Euros or more. Orders of less than this amount is to pay before delivery. 1. Order confirmation Conclusive agreement for sale and delivery will only be made upon written order confirmation by MILKER. Orders are accepted subject to availability of goods etc. In case of unforeseen events or unsatisfactory credit information about the customer after acceptance of an order, MILKER is entitled to cancel any order without liability or to claim a sufficient bank guarantee or other adequate security. Any change of an order on the part of the customer must be agreed between MILKER and the customer and must be confirmed in writing by both parties. Orders may not be changed more than 14 days after signing. Any change after the 14 day time-limit cannot be expected to be executed. If an order is cancelled more than 14 days after placing, MILKER is entitled to 30% of the amount of the order. 2. Term of delivery, time of delivery and delay ICC Incoterms 2000 ex works MILKER’s warehouse, INSERT OWN ADDRESS, Denmark, unless otherwise exceptionally provided by the order confirmation according to specific agreement. According to circumstances, MILKER may assist in arranging and shipping goods if so agreed in writing and accepted by MILKER in each individual case, and always for the customer’s account. MILKER produces goods within as well as outside the EU. Any amount charged in connection with delivery, including for customs duty, will be payable by the customer. When placing an order, the customer may ask MILKER for information on the origin of the goods for the purpose of including any such charges in its resale prices. Time of delivery is stated on the order confirmation. MILKER is entitled to postpone the delivery date for 4 weeks and must immediately notify the customer in writing if any such postponement becomes relevant. Subject to clause 6, below, delivery may be postponed in case of force majeure until the force majeure event has ceased, and trade and transportation on normal terms have been rendered possible. 3. Payment, interest and late charges New customers: payment must be received before we ship the goods; this will apply for the first three seasons. Otherwise 30 days from date of invoice. In case of non-payment, 2% interest will be charged from the due date for each month or part of a month. MILKER may without liability postpone delivery of or cancel orders by written notice if the customer is or has been in arrears in respect of previous deliveries. MILKER reserves the right to cancel orders in case of failure of timely payment. Any financial loss suffered by MILKER must be compensated in full. 4. Retention of title MILKER retains title to all goods until payment in full. The customer must pay all costs in connection with the enforcement of the retention of title. 5. Complaints and remedies Complaints of goods or faulty or defective delivery must be made in writing and must be proved to have been received by MILKER no later than 8 days after delivery of the goods. In case of non-apparent damage, complaint must be made in a similar manner. MILKER is not obligated to accept any complaint more than 3 months after delivery. Cancellation is only available for specific delays or defective goods in an order. In case of non-delivery or late delivery of any other part of an order of if part of an order is defective, cancellation is only available in respect of such part. Any complaint must be specified, be accompanied by documentation, and must specifically state the contents of the complaint. No goods may be returned without prior consent from MILKER. 6. Exemption from liability (Force Majeure) MILKER accepts no liability to the customer should any force majeure-like event arise after order confirmation, preventing or postponing performance of the agreement. In case of force majeure, MILKER is entitled to postpone delivery until the prevention of performance has ceased, or to cancel the agreement in full or in part without liability. If delivery is postponed for more than 6 months as a result of the above, the customer is free to cancel the order without liability. 7. Limitation of liability In any legally agreed respect, including in relation to product liability, MILKER accepts no liability for any direct or indirect loss of earnings or any other loss. In the event of cancellation therefore, as a maximum, only the amount paid for the delayed or defective part of the order may be repaid. 8. Law and jurisdiction The agreement is subject to Danish law without regard to the conflict of laws rules in force from time to time. The International Sale of Goods Act (CISG) is not to apply. The relevant district court closest to MILKER’s head office in Denmark is agreed as the court of jurisdiction. However, MILKER is entitled to demand that any dispute be settled by arbitration before the Danish Institute of Arbitration or the ICC International Court of Arbitration, with Denmark as the seat of arbitration and the Danish language as the language of the arbitration. |