Terms and conditions of sale and delivery
Terms and conditions for trading on ShadowWindows.com
How to use
The terms of sale and delivery are binding on you and you should therefore read them carefully, especially the provisions regarding prices, delivery terms, liability, right of withdrawal and consequences of withdrawal.
- In addition to these terms and conditions of sale and delivery, the mandatory provisions of the Danish Sale of Goods Act apply, including the Danish Sale of Goods Act’s defect rules on sales to consumers.
- If you have any questions, please feel free to contact us .
- The agreement for sale and delivery is concluded between ShadowWindows and you.
- Placing an order and entering into an agreement requires that you are at least 18 years old.
- The goods are delivered to an address of your choice in Denmark (excluding Greenland and the Faroe Islands).
The following general terms and conditions of delivery apply to all offers, sales and deliveries to the extent that they are not deviated from by express written agreement between the parties and take precedence over any provisions in the customer’s order or acceptance, including provisions contained in the customer’s general terms and conditions, unless SW has agreed to this. The terms and conditions are deemed accepted upon acceptance of the offer.
Prices and payment
Payment can be made with Dankort, Visa, MasterCard and MobilePay. For orders from corporate and public customers, payment can be made by bank transfer. For credit cards, the purchase price will be charged to your credit card when we ship your order. With bank transfer, the shipment will be sent after your payment has been registered.
We don’t charge card fees
You shall pay the current recommended prices, including VAT, for the goods as stated in this online shop. The price, any fees and the total purchase price you have to pay are always stated in your order and in our order confirmation.
Prices are quoted ex works Frederikshavn Denmark in DKK excluding VAT and any customs duties and other taxes if no other currency has been agreed. Prices are daily prices and are based on total deliveries in the most rational way. If fixed prices are stated, these are only valid within the term stated for the acceptance period of the offer.
If, in the time leading up to delivery, increases of more than 3% occur in production and delivery costs and in suppliers’ prices, including increases in exchange rates, SW shall be entitled to adjust the price for such documented cost increases.
Only written offers are binding and are subject to the condition that debtor insurance can be obtained. All offers are subject to prior sale and valid for 20 calendar days from the date of the offer. Information in product information and price lists is indicative and binding only to the extent that an offer or agreement expressly refers to it. The quantities stated in quotations should be regarded as indicative and not binding. The seller reserves the right to make changes to agreed specifications if this can be done without inconvenience to the buyer.
Delivery terms, delivery method and estimate
Delivery is made either with Post Nord, GLS or Danish freight companies that can safely carry out the delivery. For particularly large orders, ShadowWindows will deliver the products to you and offer guidance on how to use them.
The price of delivery is 175 kr. + VAT for packing, shipping and freight insurance. In case the order requires the use of a carrier, the price is from 500 kr.
Delivery takes place at the agreed delivery point and the risk for the goods passes from SW to the buyer upon delivery of the goods, unloading is the customer’s responsibility. The buyer pays shipping costs as agreed.
Broken/missing parts
Notification of leakage and the like must be made in writing to the driver before departure and without undue delay in writing to ShadowsWindows by e-mail:
project@shadowwindows.com
.
The buyer/recipient of the goods must always assist with unloading and provide the necessary assistance for this. Including truck or similar at the buyer’s expense, if necessary.
The buyer is responsible for faults caused by their own and the recipient’s personnel. If the buyer does not object immediately upon delivery, no complaints can be made later about missing units or transport damage. Internal transportation and storage at the construction site is at the buyer’s responsibility and risk.
Receiving and storing goods must be done according to glass industry guidelines
Delays
In the event of late delivery, SW is obliged to notify the buyer of this when realized by SW personnel. No claim for damages may be made against the Seller for compensation for direct or indirect costs related to delayed delivery, unless this has been agreed in writing between the Buyer and the Seller. The buyer only has the right to cancel the purchase with reference to a delay that has occurred if the delay exceeds 3 months. Significant delay cannot occur until at least 30 days after the agreed delivery time. However, the buyer cannot invoke the aforementioned remedies if the delay is caused by the buyer or one of SW’s subcontractors. Under no circumstances can the Buyer claim compensation for indirect losses, including loss of enjoyment, operating losses or assert additional remedies. One. Any prior agreement that a delivery shall include a penalty for late delivery may amount to a maximum of 5% of the net price of the goods and a maximum of 0.5% of the delayed delivery per week. Any claim for compensation must be made with 14 days notice before the claim is raised.
In the event that the buyer does not accept delivery at the time of delivery, SW is entitled to invoice the goods and charge storage rent at 8% per commenced month, just as SW may invoice costs for any extra delivery and possibly make claims for damages. In storage, the goods remain at the buyer’s risk.
Pallets, frames, boxes or other packaging – which is not disposable packaging – are the property of SW in the quantities stated in SW’s packaging accounts. Pallets, frames, boxes or other packaging – which are charged separately – will not be credited unless the buyer enters into a separate written agreement with SW for return. In this case, returns will always be at the buyer’s expense and risk.
Order confirmation
When we receive your order, we will send you an order confirmation via email. We will process your order as soon as possible. Normally, you will receive the ordered items within 10 working days.
Any order, including orders based on offers made by SW, must be confirmed in writing by SW in order for a binding agreement on delivery to be concluded.
It is the buyer’s responsibility to notify SW in writing of any discrepancies between the order placed by the buyer and the order confirmation received immediately upon receipt of the order and no later than 12:00 noon on the day following the date of the order confirmation. Errors in the placed order must also be reported to SW no later than 12:00 noon the day after the date of the order confirmation. After this, the order as documented in the confirmation is final.
If SW has provided professional assistance prior to the purchase and has not received separate payment for this in the form of a consultancy service, the responsibility for the order lies with the buyer and his advisor.
Terms of payment and buyer’s default
For deliveries over DKK 50,000 excl. Moms. payment must be made 50% on order and 50% on delivery. If SW is responsible for commissioning, 10% of the acidification delivery can remain outstanding until the total delivery is approved. At the final invoicing of the project, any extra work is calculated and invoiced according to invoice.
Unless otherwise stated and confirmed on the order/invoice, payment is due 5 days net from the invoice date.
In the event of late payment, a reminder fee of DKK 100 and an administration fee of DKK 150 will be charged, as well as an interest surcharge of 2.5% per month or part thereof, calculated from the due date until payment is made.
The buyer is not entitled to set off the purchase price or any part thereof.
Goods are sold subject to retention of title until the full purchase price, plus any costs incurred, has been paid.
If the buyer is in breach of one or more of the stated obligations, including its obligations under clause 6, SW shall be entitled to terminate the agreement, sell the goods at the buyer’s expense to another party and/or assert a claim for damages. SW may claim compensation for any loss, including indirect loss. Payments are deducted first from accrued interest and then from the oldest balance.
Installation and service work
If, according to public or customer requirements, there are orders or requirements that SW must follow in connection with installation work and service tasks, the buyer is obliged to comply with these at no cost to SW. Installation offers continue to be completed in one uninterrupted work operation if SW wishes, regardless of the time of day. Before installation, the buyer must ensure that;
- The products are available in the immediate vicinity of the installation site, if necessary according to the seller’s instructions,
- The access conditions necessary for the task (cleared and cleaned installation area according to any instructions from SW) are present, including a fixed agreement and plan for the possible use of a lift/scaffolding.
- Fixing options in/on the building are present and the building structure is dimensioned to support the purchased products.
When installing electrically-regulated products, power etc. supplied and connected by the electrician must be available in accordance with the regulations. SW instructions. The work of the electrician is at the buyer’s own expense.
The following materials must be made available to the installer:
Lighting at the installation site and 230V, 1-phase, 13A fuse plug at the installation site. When delivery is made, it is the Buyer’s responsibility that the above conditions are present when the SW fitter arrives at the construction site. Costs (e.g. waiting time, additional services and time spent, additional travel and accommodation, etc.) due to delays or deficiencies in the aforementioned conditions incurred by SW will be invoiced separately at the applicable hourly rate. In the event of additional work (not included in the offer) and a resulting time shift of the remaining installation, the additional time incurred will be invoiced continuously during the installation work.
Handover
Handover takes place when the installation work is completed. The buyer undertakes to make an authorized signatory available for the handover meeting within 3 hours of the completion notice being given by SW, any waiting time beyond this will be invoiced separately. After the handover has been approved, the buyer can only claim hidden defects that could not be detected at the time of handover. SW reserves the right to handover in stages when the work consists of several independent buildings.
Warranty/liability
The warranty period for the products SW delivers is 2 years from the time of delivery. Any extended warranty period requires the signing of a service agreement valid from no later than 2 months from the time of delivery.
The warranty only covers products that are proven to be substantially defective due to faulty workmanship or the use of poor materials supplied by SW. The warranty only applies if the goods have been properly stored and used by the buyer correctly and for the usual purpose. Thermal breakage of glass and any color deviations in the glass are not covered by the warranty.
SW is not liable for defects and faults caused by inadequate maintenance, incorrect installation, modification of the product made without SW’s written consent and/or repairs to the product that the buyer has carried out or had carried out by a third party.
Incorrectly installed products are not covered by warranty, including – elements that are not mounted level and plumb, and where diagonal dimensions are not the same. – Fog on the inside of windows that is not caused by glass defects, but can be attributed to a lack of ventilation. Dew on the outside of the window pane, which will occur with energy windows, as well as any cracked panes.
Warranty and complaints on motors/automatics/remote controls do not cover damage caused by overvoltage due to, for example, thunderstorms, power outages, or other faults in the power supply or faults in other automatic control systems. Complaints on electronics must be made within two years after the product has been delivered. Any costs for electricians or other costs are not covered. Special care must be taken when connecting motors and other automation. Damage caused by incorrect connection of the electrical components not carried out by SW must be corrected or otherwise compensated by the authorized electrical installer used.
If the goods are subject to material defects or deficiencies, SW shall be obliged and entitled – at its own discretion – to remedy the defect or to redeliver the goods. The Buyer shall not be entitled to assert any further remedies for defects. Transportation, insurance, travel, assembly, lift and other replacement costs in the event of repair or delivery shall be paid by the buyer.
If the defects are not rectified and/or delivery is not made as described above, the buyer can only claim damages from SW, as the agreement cannot be terminated. SW can under no circumstances be held liable for indirect losses, such as deprivation of enjoyment, loss of earnings and operating losses, and any claim for compensation is maximized to the net price of the individual goods complained about.
Travel costs will be charged at cost in connection with any travel expenses. requested on-site inspection is paid by the customer.
SW is not liable for faults and defects caused by materials or semi-finished products supplied by the customer or materials prescribed by the customer or his advisor being unsuitable for the purpose.
If SW has provided assistance with regard to technical advice, etc. to the buyer on its own products according to a separate and paid agreement, SW only assumes liability for errors and defects to the extent that the buyer has made all relevant information and prerequisites for the assignment available to SW in writing. To the extent that incorrect and/or incomplete information has been provided by the buyer or his advisor, SW has no liability for any errors and defects. SW can under no circumstances be held liable for indirect losses, such as loss of deprivation, loss of earnings or operating loss.
Furthermore, SW is not liable for damage to real property or movable property that occurs while the goods are in the buyer’s possession.
SW product liability is regulated by Act no. 371 of 7/6 1989 on product liability, as interpreted in accordance with the EC Directive of 25/7 1985 (85/374 EEC) with the limitations set out below.
SW is not liable for product liability damages that affect the delivered product itself. SW is not liable for damage to products manufactured by the buyer or to products in which SW products are included as a sub-product. SW is not liable if it must be assumed that the defect that caused the damage was not present at the time the product was put into use.
SW is in no case liable for operating loss, loss of earnings, loss of profit or other indirect loss. To the extent that SW may be subject to product liability towards third parties, the buyer is obliged to indemnify SW to the extent that SW’s liability is limited according to the previous paragraphs. If a third party makes a claim for liability against one of the parties, this party must immediately notify the other party in writing.
Obligation to complain and examine
The buyer is obliged to examine the goods immediately upon receipt and to complain about any visible defects within 8 days of receipt. If a defect arises during the warranty period, the buyer is obliged to complain about it immediately and within 8 days after the defect is or should have been discovered. If the buyer fails to meet the stated deadlines, he forfeits the right to assert the defect.
Force majeure
SW is not liable for non-performance of its obligations if SW can prove that this is due to an obstacle beyond our control, such as strike, lockout, export or import ban, embargo, delayed or defective delivery of materials from subcontractors, production stoppage, lack of energy or transportation or force majeure in general. In such case, SW shall be entitled to extend the delivery time accordingly and the delivery time shall be considered timely in all respects, alternatively to terminate the agreement. If the agreement is terminated as a result of a force majeure situation as mentioned, this does not entitle the buyer to claim compensation. As soon as the hindrance has ceased, each party shall be bound by the agreement, unless SW has terminated the agreement beforehand. An obstacle of more than 3 months entitles either party to terminate the agreement.
Protection of rights
The buyer does not obtain any right to SW’s industrial property rights by this agreement, and the buyer is not entitled to misuse information about the production and/or the goods in such a way that the buyer infringes SW’s rights.
Place of jurisdiction and choice of law
Any dispute that may arise between the parties – partly in relation to deliveries made and these terms of sale and delivery or the interpretation or legal effect of the parties’ agreement, including these terms of sale and delivery, and partly in relation to the parties’ trade in general, shall be settled by the court in Randers.
Any dispute shall be settled in accordance with Danish law.
Contact us
ShadowWindows ApS
Astrup Skovvej 14
8370 Hadsten
Phone: 21 44 07 35
Email: project@shadowwindows.com
CVR/VAT DK-38759736
