SALES & DELIVERY TERMS B2B

BY PLACING AN ORDER, YOU ACCEPT OUR TERMS OF SALE AND DELIVERY

 

The Terms of Sale and Delivery for RHANDERS ApS, CVR 29188939, Strømmen 32, 8960 Randers, Denmark, hereinafter called RHANDERS shall apply to all orders – and prevail over any such terms or similar terms from a customer – unless the terms are dispensed 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. Upon RHANDERS written confirmation of the order, a final agreement on sale and delivery of goods has been entered into. The order is accepted subject to goods, raw materials and the like being available. If unforeseen difficulties arise or if unsatisfactory credit information about the customer is obtained after the acceptance of the order, RHANDERS will be entitled to cancel the confirmed order exempt for liability of any kind or to demand provision of a fully adequate bank guarantee. The customer's cancellation of the confirmed order can only be accepted with prior written consent from RHANDERS. In case of RHANDERS acceptance, the customer shall pay 25% of the order value within 8 days from the cancellation date.

 

TERMS OF DELIVERY

The goods shall be delivered in accordance with ICC Incoterms 2010, unless otherwise specifically agreed and stated in the order confirmation in exceptional cases. All costs in relation to the delivery of the ordered goods are to be paid by the customer unless other agreement has been reached between RHANDERS and the customer. RHANDERS may, depending on the circumstances, assist in arranging dispatch of the ordered goods if this has been agreed in writing and accepted by RHANDERS on a case by case basis and always for the customer’s account.

We would like to draw your attention to the fact that at checkout on the B2B webshop a standard price will appear for the shipping of the order. This amount is not the applicable shipping price and must therefore be disregarded. The final delivery costs will always appear on the invoice. 

 

DELIVERY TIME AND DELAY

The delivery time will be stated in the order confirmation. RHANDERS shall be entitled to postpone the delivery time by twenty-one (21) days and shall immediately notify the customer in writing of any such postponement. In the event of force majeure, cf., however, the provisions below, delivery may be postponed until the obstacle ceases and ordinary trading and transport become possible.

 

RETENTION OF TITLE

RHANDERS reserves the ownership of the delivered goods until full payment is effected by the customer. All costs incurred in connection with the enforcement of the retention of title shall be paid by the customer.

 

PRICES

All prices of RHANDERS are stated in EURO and are exclusive of VAT. The prices are subject to changes in customs duties, other duties and exchanges rates, and may be raised until delivery is made. RHANDERS will inform the customer of any price changes. The customer shall be free to fix her resale prices.

 

PAYMENT

Unless otherwise agreed in writing, payment from the customer to RHANDERS will be against invoice and is due for payment 30 days from invoice date. Default interest of 1,5% per month will be charged after the due date in the event of non- payment.

 

In-season supplementary orders below 1.000 DKK are subject to a handling fee of 100 DKK. Shipping costs are added to all orders.
RHANDERS may postpone delivery of orders or cancel orders by written notice and without incurring any liability for this if the customer is in arrears with payment for previous consignments delivered. RHANDERS reserves the right to cancel the order if payment is not made on the due date. Any financial loss that RHANDERS incurs as a result hereof shall be compensated fully by the customer.

 

COMPLAINTS ON NON-CONFORMITY AND REMEDIES

Any complaint on non-conformity shall be submitted in writing and must be received by RHANDERS no later than eight (8) days after delivery or - if delayed - expected delivery of the goods. In the event of non-visible damage, the complaint shall likewise be submitted no later than eight (8) days from when the defect or deficiency could have been ascertained upon careful inspection, however, no later than three (3) 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, the order may only be cancelled for this part of the order. Any complaint must be specific, documented and contain a precise specification on the contents of the complaint. No returns will be considered without prior written approval by RHANDERS. In the event of non-conformity RHANDERS 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 RHANDERS to the customer of the payment made for the delayed or defective part of the order.

 

EXEMPTION FROM LIABILITY (INCLUDING FORCE MAJEURE)

The Parties 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 sub-suppliers are otherwise hit by the present circumstances, fire, lack of means of transportation, exchange control regulations, import and ex-port restrictions, death, illness or absence of key staff members, computer viruses or any other circumstances that are beyond the Parties direct control. In such case, the Party 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 six (6) months.

 

PRODUCT LIABILITY AND LIMITATION OF LIABILITY

RHANDERS shall be liable for its products after the products have been placed on the market to the extent that this is required by law. Notwithstanding the above RHANDERS shall not be liable for any direct or indirect business interruption loss, loss of profit, or any other consequential loss whatsoever. RHANDERS is in no event liable to pay damages to the Customer in excess of the price of the goods which are subject to the Customer ́s claim towards RHANDERS, at the most DKK 10.000.

 

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 hereof is no longer required or necessary.

 

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.

 

Version 2.0, March 25, 2024