For deliveries from Amazing Frags, Søholmvej 29a, 8260 Viby J, Denmark.

 

The sales and delivery terms below are applicable to any delivery and any sale from Amazing Frags, unless otherwise required by mandatory legal provisions, or otherwise agreed by the parties. These sales and delivery terms take precedence over any conflicting or inconsistent provisions in purchasers' orders/acceptance, including any purchaser's general terms.

 

Offers and order confirmation

 

Any product, any item on the existing website, shall merely be regarded as an invitation to make an offer, by means of which a final agreement is only arranged once Amazing Frags has accepted the customer's order. Any offer from Amazing Frags expires after 14 days, unless a different deadline is specified in the actual offer. A definitive agreement between the customer and Amazing Frags is regarded as having been entered into when the purchaser receives Amazing Frags´ written order confirmation, and only the content of the order confirmation is binding to Amazing Frags. Amazing Frags will send an order confirmation by e-mail as soon as possible, stating customer's order number, name and address, method of payment, delivery address and a list of the items ordered. Reservation is made for sold-out items. The customer is asked to print the order confirmation immediately after receipt, as this may be relevant in connection with exchange, cancellation or complaints. Any drawings, illustrations or similar are only intended as a guide, and Amazing Frags cannot be held responsible for any errors or misinterpretations in such material. Amazing Frags does not bear any responsibility for any errors and information in delivered written material and products where such material has been prepared by parties other than Amazing Frags, e.g. suppliers. This applies to any form of sales material, descriptions, user instructions, etc.

 

Prices

 

Amazing Frags’ prices in the webshop are including VAT, but excluding insurance. All sales are at prices applicable on the delivery date, unless otherwise agreed in writing. The prices are applicable Ex Works Amazing Frags, unless otherwise agreed (for the sake of clarity: freight will be added to the prices in the webshop if the items ordered shall be delivered to the customer). Issued pricelists are non-binding and may be changed at any time without notice. Reservation is made for price increases from Amazing Frags´ suppliers. Any specified freight rates are non- binding. Changes to freight rates or official charges of any kind that occur after Amazing Frags´ order confirmation must be borne by the customer. Amazing Frags does not use daily rates for conversion of foreign currency and, consequently, exchange differences between Amazing Frags’ and any third party’s, e.g. Paypal’s, conversion rates may therefore occur. Amazing Frags shall not be liable for any such exchange differences.

 

Delivery

 

The date of delivery stated in the order confirmation is binding, unless subsequently agreed otherwise in writing. If nothing else has been arranged, delivery will take place according to Amazing Frags' directions. In cases where delivery has been agreed, delivery up to 7 days before or 7 days after the stated delivery date in every respect is deemed punctual delivery. If the delivery time is longer than 30 days, this is specifically stated in the order confirmation. Amazing Frags is entitled to postpone delivery in the event of force majeure. The risk for an item is transferred to the customer once the item (ex warehouse) have been loaded onto the selected means of transport, or once the item (carriage paid) have passed the threshold of the vehicle or means of transport during unloading.

 

Failure to pay

In the case that an invoice is not paid in due time, we reserve the rights to add a 2% administration fee per month of the total outstanding amount. Reminder fee: We will add a reminder fee of 35 € per month per outstanding invoice. Reminder letters will be issued every 10 days. In the case that there are multiple outstanding invoices, please note that there will be issued 1 reminder letter per outstanding invoice. Overdue more than 90 days. In the case that an invoice should be more than 90 days overdue according to the payment terms listed on the invoice, we reserve the right to hand over the case to a collection agency. Until the full payment and any added fees has been received in full, admin fees and reminder fees will continue to be added to cover our administration cost.

 

Limitation of liability

 

If, after issuing of the order confirmation, circumstances of any kind arise that prevent punctual delivery or result in deficient delivery, and that are not specifically due to negligence or failure on the part of Amazing Frags, including force majeure, cf. section 10, Amazing Frags is exempt from liability for fulfilment of the contract. In the event of deficiencies due to errors or negligence on the part of Amazing Frags, compensation will be paid according to the general rules of Danish law, however, Amazing Frags shall not be liable for any indirect losses such as, but not limited to: operating losses, loss of profit, day fines etc.

 

Guarantee

 

Amazing Frags does not provide a guarantee on product deliveries, but refer to the point complaints regarding defects.

 

Defects/complaints

 

If a customer wishes to complain about an item, preliminary contact should be by telephone or e-mail to allow discussion regarding handling of the potential defect. Consumer conditions: The consumer has a 2-year right of complaint on all items. Consequently, the consumer cannot cite faults or defects that arise more than 2 years after delivery of the item. Any faults or defects must be cited within a reasonable period of time after they have been discovered or should have been discovered. Faulty or defect items are returned at Amazing Frags' expense and risk. In connection with return, the consumer must inform Amazing Frags of the nature of the fault or defect. Returns or complaints must be to the address mentioned in section 6 above. If an item proves to be faulty or defective within the aforementioned time limit, Amazing Frags undertakes to remedy such faults within a reasonable time. If it turns out not to be possible – or if Amazing Frags deems it not to be appropriate – to repair the item, Amazing Frags will instead undertake to supply a faultless item following receipt of the defective item. Amazing Frags also undertakes to refund the consumer's documented expenses connected with return. If neither repair nor replacement delivery is possible, Amazing Frags will instead refund the purchase price, including the purchaser's expenses for return. Amazing Frags will not assume any responsibility beyond what is stated in the above sections. For the sake of clarity Amazing Frags cannot under any circumstances be held responsible for indirect losses or consequential damage, including loss of or damage to data. Commercial conditions: Immediately on receipt and before commissioning, processing or resale of products the customer must examine the items for the purpose of checking for any defects. Complaints about defects (including variations in quantity) that are or should have been discovered by such examinations with due diligence must be submitted immediately and no later than 8 days after delivery of the goods. Notification of defects submitted after this deadline is forfeit. If defects are discovered for which Amazing Frags is responsible, and which cannot be regarded as negligible, the consumer is entitled to cancel the purchase agreement for the delivery in question, unless Amazing Frags undertakes replacement delivery without undue delay. If the purchase is cancelled due to defects, the consumer is obliged to make the delivered items available to Amazing Frags in the same condition as when they were delivered. If, within 1 year of delivery of the goods, the consumer has not informed Amazing Frags that he wishes to cite a concealed defect, he cannot subsequently hold Amazing Frags responsible for such a defect, unless Amazing Frags has undertaken in writing to guarantee the item for a longer period.

 

Reservation of ownership

 

The goods supplied by Amazing Frags shall remain the property of Amazing Frags until full payment has been registered with Amazing Frags. The customer is not entitled to resell, mortgage, hire out, lend, give away, deposit or in any other similar way dispose of the delivered goods until full payment has been registered.