TERMS OF SALE AND DELIVERY
These terms apply to business purchases only.
The Terms of Sale and Delivery for Linie Design, Granlyet 7, 3540 Lynge. CVR nr. 21144134, hereinafter called Linie Design shall apply to all orders – and prevail over any such terms or similar terms from a customer – unless the terms are diveated from by express written agreement. The Terms of Sale and Delivery shall be subject to changes periodically and without notice.
- ORDER CONFIRMATION
When submitted, the order is binding. If unforeseen difficulties arise or if unsatisfactory credit information about the customer is obtained after the acceptance of the order, Linie Design will be entitled to cancel the confirmed order, to demand a prepayment or to demand provision of a fully adequate bank guarantee and will in doing so be exempt from liability of any kind. The customer's cancellation of the confirmed order can only be accepted with prior written consent from Linie Design.
- TERMS OF DELIVERY
The goods shall be delivered in accordance with ICC Incoterms 2020 unless otherwise specifically agreed and stated in the order confirmation.
- DISPATCH OF PRODUCTS ORDERED
The delivery clause appears on the order confirmation. Linie Design shall be entitled to postpone the delivery time by 14 days and shall immediately notify the customer in writing of any such postponement. In the event of force majeure cf. Point 12 below, delivery may be postponed until the obstacle ceases and ordinary trading and transport become possible.
- DATA PROTECTION
Processing of personal data may occur for the purposes of executing the customer’s order. Accordingly, any personal data may be disclosed to other independent data controllers such as freight carriers etc. for the purposes of fulfilling the customer’s order. Any processing of personal data is subject to all necessary security procedures and will be deleted when storage of the data is no longer required or necessary.
- RETENTION OF TITLE
Linie Design reserves the ownership of the delivered goods until full payment is effected by the customer.
Linie Design´s prices and invoice currency are stated on the order confirmation as well as on invoice, and are VAT exclusive.
Unless otherwise agreed in writing, payment is due pursuant to the terms of payment stated on the invoice. In case of late payment, Linie Design reserves the right to add 1.5% interest on overdue payments, per month, commencing from the date on which the invoice falls due. If the customer has unpaid or past due payments, then Linie Design can, following written notice, and without incurring liability, either postpone or cancel any delivery of outstanding orders. Any financial loss that Linie Design incurs as a result hereof shall be compensated fully by the customer.
- COMPLAINTS ON NONCONFORMITY AND REMEDIES
Any complaint on nonconformity shall be submitted in writing, and must be received by Linie Design no later than 8 days after delivery. In the event of non-visible damage, the complaint shall likewise be submitted no later than 8 days from when the defect or deficiency could have been ascertained upon careful inspection, however, no later than 6 months after the delivery date. If a part of the order is not delivered or is delayed or if part of the order is defective or deficient, only this part of the order may be cancelled. Any complaint must be specific, documented and contain a precise specification on the contents of the complaint. In the event of nonconformity Linie Design shall not be liable for any direct or indirect business interruption loss, loss of profit, or any other consequential loss whatsoever. In any event, the maximum liability shall be equal to repayment by Linie Design to the customer of the payment made for the delayed or defective part of the order.
- PRODUCT DEVIATIONS
All products are hand-made, and a deviation of +/- 3% must therefore be accepted. Most types of yarns are manufactured from natural materials, and therefore variations in colour and structure due to dyes and batches of yarn will occur and must be accepted. Differences in shade between the sample sets and the delivered rugs can also occur.
Linie Design must be notified of claims via e-mail at: email@example.com. Clear information must be included about the particulars for the claim, as well as photo documentation and an indication of the order or invoice number. Visible transport damage must be indicated on the waybill upon receipt of the item.
- IN PARTICULAR CONCERNING TRANSPORT DAMAGE
It is the recipient's duty to examine the consignment immediately upon receipt. If there is visible transport damage or defects, this must be noted on the consignment note while the carrier is present. Damage and defects must be documented by photographs. Goods damaged in transit must be stored in as untouched a condition as possible and in its original packaging for the purposes of any damage inspection. A written complaint must be submitted to Linie Design by e-mail firstname.lastname@example.org immediately after the damage has occurred.
No returns will be considered without prior written approval by Linie Design.
- FORCE MAJEURE
Linie Design shall not be liable if the following non-exhaustive circumstances of force majeure occur and prevent or postpone the performance of the Agreement: war and mobilization, riot and civil unrest, acts of terrorism, natural disasters, strikes and lockouts, scarcity of goods, faults, defects or delay in delivery from sub-suppliers or if subsuppliers are otherwise hit by the present circumstances, fire, lack of means of transportation, exchange control regulations, import and export restrictions, death, illness or absence of key staff members, computer viruses or any other circumstances that are beyond Linie Design’s direct control. In such case, Linie Design shall be entitled to postpone fulfillment of the obligation until the obstacle has ceased or, alternatively, to cancel the Agreement in full or in part without incurring any liability for this, if the obstacle causes fulfillment to be postponed for more than 6 months.
- PRODUCT LIABILITY AND LIMITATION OF LIABILITY
Linie Design shall be liable for injury and damage caused by Linie Design’s products after the products have been placed on the market to the extent that this is required by law. Notwithstanding the above Linie Design shall not be liable for any direct or indirect business interruption loss, loss of profit, or any other consequential loss whatsoever. We recommend the use of a rug underlay as colour transfer may occur.
- VENUE AND GOVERNING LAW
This Agreement shall be governed by and construed in accordance with Danish law, disregarding the Danish choice of law rules to the extent that such rules would otherwise lead to the application of any other law than Danish law. The Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Any dispute arising out of or in connection with this contract, including any disputes regarding the existence, validity or termination thereof, shall be settled by arbitration arranged by the Danish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by the Danish Institute of Arbitration and in force at the time when such proceedings are commenced. The Court of Arbitration shall have its seat in Denmark and the language to be used in the proceedings shall be Danish. Irrespective of the above mentioned in Article 14, and in the event debt collection by Linie Design is required, Linie Design may at its own discretion decide to recover the debt at the customer's venue in accordance with the applicable law in the relevant country.