General Terms and Conditions of Sale
1. Scope of Applicability
1.1 These General Terms and Conditions of Sale (“GTCS”) apply to all sales of goods by us notwithstanding any conflicting, contrary or additional terms and conditions in any purchase order or other communication from you. No such conflicting, contrary or additional terms and conditions shall be deemed accepted by us unless and until we expressly confirm our acceptance in writing.
1.2 We reserve the right to change these GTCS at any time. We will give you thirty calendar days’ notice of any changes by posting notice on our website.
2. Quotes, Purchase Orders and Order Confirmations
2.1 All orders should be sent to us at email@example.com. All quotes made by us are open for acceptance within fourteen calendar days from the date of issue, unless otherwise specifically stated therein, and are subject to the availability of the goods offered.
2.2 We cannot be held liable for products that are out of stock or in backorder
2.3 All purchase orders issued by you shall specify as a minimum the design, size and quantity of goods requested, made to measure if any, delivery place and requested delivery dates. No purchase order shall be binding on us unless and until confirmed by us in writing.
2.4 Upon receiving the order confirmation, any changes must be put forward in writing to Color & Co ApS within 14 days. After this time period, the order is considered authorized and binding and cancellation will be charged with 30% of total order amount. We cannot be held liable for any wrong measurements provided by you.
3. Prices and Terms of Payment
3.1 The prices for goods shall be those set forth in our order confirmation. All prices are exclusive of taxes, impositions and other charges, including, but not limited to, sales, use, excise, value added, and similar taxes or charges imposed by any government authority.
3.2 Unless expressly stated otherwise in our order confirmation, payment for goods shall be made within 8 days without offset or deduction.
3.3 If you fail to pay any invoice within fourteen calendar days of the due date of payment, we may suspend delivery of any purchase order or any remaining balance thereof until payment is made or terminate delivery of any purchase order or any remaining balance thereof by providing written notice of termination to you within seven calendar days of the expiration of the grace period. Further, we may charge you interest from the due date to the date of payment at the rate of 1,5% per month. This shall be in addition to, and not in limitation of, any other rights or remedies to which we are or may be entitled at law or in equity.
4. Terms of Delivery and Late Delivery
4.1 Unless expressly stated otherwise in our order confirmation, all deliveries of goods will be shipped from us approximately 3 weeks after approval of the Order Confirmation. We ship all orders to the EU with UPS. The risk of loss of or damage to goods shall pass to you in accordance with the agreed delivery term.
4.2 We reserve the right to make delivery in instalments.
5. Acceptance of goods
5.1 All products must be checked within 8 business days after they have been delivered. Missing items and defects must be reported in writing to Color & Co ApS. Defects must be documented with photos.
6. Customised products – right of cancellation
6.1 For customised products, either through adjustments or for customised production, the normal right of cancellation still applies for 14 days after the order has been submitted. If Color & Co has started making the product, the right of cancellation is void.
7.1 We warrant that upon delivery and for a period of twenty-four months from the date of delivery goods purchased hereunder will conform in all material respects to the applicable manufacturer’s specifications for such goods and will be free from material defects in workmanship, material and design under normal use. The warranty does not cover damage resulting from misuse, negligent handling, lack of reasonable maintenance and care, accident or abuse by anyone other than us.
7.2 Our bamboo blinds are made of natural materials. Small imperfections may occur, which is a natural and unavoidable part of a unique and natural product. Therefore, these imperfections cannot be regarded as defects. In time, our blinds may become discoloured in the sun. To avoid discolouration, we recommend that you avoid hanging the blinds in direct sunlight.
7.3 Bamboo, Jute and paper is a natural product and colour matching cannot be guaranteed.
7.4 With respect to goods which do not conform to the warranty our liability is limited, at our election, to (i) refund of the purchase price for such goods less a reasonable amount for usage, (ii) repair of such goods, or (iii) replacement of such goods; provided, however, that such goods must be returned to us, along with acceptable evidence of purchase, within thirty calendar days after you discovered the lack of conformity or ought to have discovered it.
7.5 We make no other warranty, express or implied, with respect to goods delivered hereunder, and the warranty constitutes our sole obligation in respect of any lack of conformity of goods delivered hereunder (except title). In particular, we make no warranty with respect to the merchantability of goods delivered or their suitability or fitness for any particular purpose.
8. Limitation of Liability
8.1 Neither of us will be entitled to, and neither of us shall be liable for, indirect, special, incidental, consequential or punitive damages of any nature, including, but not limited to, business interruption costs, loss of profit, removal and/or reinstallation costs, reprocurement costs, loss of data, injury to reputation or loss of customers. Your recovery from us for any claim shall not exceed the purchase price for the goods giving rise to such claim irrespective of the nature of the claim, whether in contract, tort, warranty or otherwise.
8.2 We shall not be liable for any claims based on our compliance with your designs, specifications or instructions or repair, modification or alteration of any goods by parties other than us or use in combination with other goods.
9. Processing of personal data
9.1 Color & Co processes personal data with due observance of the General Data Protection Regulation and law. Information of your name, address, e-mail, telephone number, etc. can solely be used in connection with your orders, communication and new letters.
9.2 Color & Co complies with the rights of the data subject (including right of access, rectification, deletion, limitation of processing, objection, data portability, complaint and right not to be subject to a decision based solely on automatic processing, including profiling).
9.3 Color & Co will store the data for as long as is necessary for the purpose for which it is processed. Color & Co can neither disclose, sell nor otherwise transfer information to third parties, unless the customer has agreed to the same.
9.4 If you want information on which data is being processed, having data erased or corrected, you should contact us at firstname.lastname@example.org.
10. Force Majeure
10.1 Either party shall be excused from any delay or failure in performance if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, insurrection, strikes, lock-outs, delays or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties’ respective obligations shall resume
11.1 Legal disputes will be settled according to Danish law by the Maritime and Commercial Court of Copenhagen.