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Terms and conditions TRADEMARK AS as per 17th November 2016

Conclusion of agreements

These general terms and conditions apply to any purchase of TRADEMARK AS products. TRADEMARK AS reserves the right to withdraw or amend the terms and conditions from time to time, without notice and with clear statement of new date of entry into force. The applicable terms and conditions are stated on our homepage. Our customers should check this page regularly to take notice of any changes we may have made to the terms and conditions. The date on the order confirmation decides which version of terms and conditions applies.


Any variation of the stated terms is only possible through explicit written agreement by TRADEMARK AS.

Login for our web shop

As a customer of Trademark Living you have received a personal login for www.trademarkliving.dk, and at the same time you have been registered as a recipient of the email newsletters from Trademark Living. Should you wish no longer to receive these mails, you can always easily unsubscribe from our list.

Electronic communication

By purchase of goods from TRADEMARK AS you agree to further communication being sent electronically to the e-mail address you have supplied. Thus you accept that electronic messages have the same legal effects as messages sent by ordinary mail.

Facts about your purchase

Items from TRADEMARK AS are basically divided into three categories:

  1. Original, old items
  2. Partly newly manufactured semi handmade items made of recycled materials
  3. Newly manufactured, semi handmade items made of new or used materials

Please notice: When purchasing any of our items from the above mentioned categories we draw your attention to the fact that no two items necessarily are identical despite the same item number. There will be differences in shade colour and size from one item to another. This means, that you will have to expect differences to the item seen on our homepage, at our showroom or at a fair. TRADEMARK AS therefore cannot guarantee that the purchased item is identical to the item seen.

As for items made of wood, we draw your attention to the fact that wood is a living material, which will change over time. Wood adapts to the surroundings and small cracks may appear between the wood grains. Items that consist of iron may be rusty.

 

Complaints

Products delivered by TRADEMARK AS are unique. Conferring to the above stated TRADEMARK AS cannot validate claims solely based on discrepancies between the seen - and purchased item.
We encourage you to check the delivery of cargo damage, to note the number/amount immediately on receipt and before signing the consignment note. Any defects or damages must be noted on the consignment note. Please remember to retain the original packaging, as goods are to be returned in original packaging if complaints or damages should arise.

In case of inaccurate delivery or damaged goods we urge you to contact TRADEMARK AS within eight days of receiving the goods. TRADEMARK AS will only accept complaints that are sent by e-mail and accompanied by a photograph of the damaged goods.

Retention of ownership

Ownership of the supplied goods is the right of TRADEMARK AS until the entire price, incl. of any accrued interest and costs, is paid.

Terms of payment

For new customers: Prepayment before delivery.
For existing customers: 14 days net from date of invoice (= date of delivery)

The first order must amount to a minimum of DKK 3,500.- / EURO 500.-.

For any follow-up orders under DKK 2,000.- / EURO 270.- TRADEMARK AS charges an administrative fee of DKK 250.- / EURO 35.- This does not apply for back orders or additional orders to an existing order.


Prior to delivery you will be contacted by TRADEMARK AS, and all new customers will receive a pro forma invoice that has to be paid before the goods can be shipped from stock.

 

Products purchased from TRADEMARK AS

Agreement of purchase from TRADEMARK AS can be in either English, German or Danish. Any agreement of purchase refers to the current general terms and conditions. Any order placed is considered final when it has been confirmed by TRADEMARK AS. After completing your order you will receive an order confirmation within 2-5 working days by e-mail to the e-mail address you have supplied. The order confirmation consists of order number, name and address of buyer, delivery address and a specification of the ordered goods.
It is very important that you inform us when ordering (or at least before we ship your goods), if your company is closed at certain days, has special opening hours, or if you have other requests concerning delivery.
Please check the order confirmation and note that the specification does not include freight costs.

Available products

All products in the web shop are listed with “In stock/Not in stock” and are updated on a daily basis. In some cases, the goods might have been sold to someone else, before your order is processed.

Delivery

Prior to delivery, TRADEMARK AS will contact you. The time of delivery for stock items is usually 5-10 days. Delivery of stock items is subject to order confirmation and any special conditions will be specified. Unless otherwise agreed, TRADEMARK AS will arrange for delivery through a forwarding agent chosen by TRADEMARK AS. The forwarding agent will notify you on the day of delivery. I.e. you will receive a mail or a text message that your shipment is out for delivery that day. Since your items are already loaded on the truck and on their way to you, it is impossible for you to change the date of delivery.
Delivery will be made to the address supplied by the buyer and it is buyers’ responsibility that the delivery place is accessible. Should the forwarding agent try to deliver your goods in vain, because your goods reception is closed, extra costs of 80% of the freight amount will be charged to you.

TRADEMARK AS has no obligations toward reporting tariffs, taxes or other.
All items from TRADEMARK AS are sold EX WORKS, i.e. freight costs for each shipment will be invoiced to the buyer.

Confidentiality

TRADEMARK AS is an independent company and TRADEMARK AS does not give information to unauthorized parties. TRADEMARK AS keeps customer data safely. Any information given in connection with purchase from TRADEMARK AS is kept by TRADEMARK AS, so as to be able to provide the best service for our customers before and after delivery of goods.

Proviso

TRADEMARK AS accepts no liability for typographical errors, pricing errors, colour deviations of pictures etc. TRADEMARK AS also subjects to VAT and duty changes, price changes and sold out products. Any offer is valid while stock lasts.

Transfer of rights and obligations

Information given to TRADEMARK AS will only be used in house. It will not be sold or given to third parties.

Force Majeure

TRADEMARK AS is not responsible for any delay and/or defects due to circumstances beyond the reach of TRADEMARK AS’ control and which either could not or should not have been considered before entry of agreement, such as war, import or export ban, labour disputes, fire or other.

Venue

Any disputes between customer and TRADEMARK AS are decided in Danish courts under Danish law and TRADEMARK AS’ home as venue.

Partial invalidity

Should any provision of these general terms and conditions or any provision in other agreements between the customer and TRADEMARK AS be or become invalid, it does not affect the validity of all other provisions or agreements.