Terms and conditions
- Application
- Application. General sales and delivery conditions (the “Conditions”) apply to all agreements regarding PhoneAlone ApS CVR: 41091940, (the “Company”) sale and delivery of products, spare parts, and related services to business customers.
- Basis of Agreement
- Basis of Agreement. The terms and conditions, together with the Company’s offer and order confirmations, form the overall basis for the agreement regarding the Company’s sale and delivery of products, spare parts, and associated services to the customer (“Basis of Agreement”). The customer’s purchase conditions printed on orders or otherwise communicated to the Company do not form part of the Agreement.
- Amendments and additions. Amendments to and additions to the Basic Agreement are only valid if the parties have agreed to them in writing.
- Products, Spare parts and Services
- Products and spare parts. Products and spare parts that the Company sells and delivers to the customer are new and comply with Danish legislation at the time of delivery.
- Services. Associated services that the Company sells and delivers to the customer, in connection with the sale and delivery of products or spare parts, are carried out in a professional manner and comply with Danish legislation at the time of delivery.
- Limitation of liability. Products, spare parts, and associated services that the Company sells and delivers to the customer are intended for the telephone and meeting booths to be used indoors for office environments and used for soundproofing telephone conversations. Regardless of any contrary terms in the Basic Agreement, the Company is under no circumstances liable for loss or damage that can be attributed to use for other purposes. The customer must indemnify the Company to the extent that the Company is liable for such loss or damage.
- Price and payment
- Price. The price for products, spare parts, and associated services follows the Company’s current price list at the time the Company confirms the customer’s order unless the Parties have agreed otherwise in writing. All prices are exclusive VAT.
- Payment. The customer must pay all invoices for products, spare parts, or associated services cf. Unless the parties have agreed otherwise in writing, the payment deadline is on the invoice.
- Late payment
- Interest. If the customer fails to pay an invoice for products, spare parts, or associated services in time for which the Company is not responsible, the Company is entitled to interest on the overdue amount of 1.5% per month from the due date and until payment takes place.
- Termination. If the customer fails to pay an overdue invoice for products, spare parts or related services no later than 14 days after receiving a written demand for payment from the Company, the Company has, in addition to interest according to section 5.1 the right to: (i) cancel the sale of the products, spare parts and/or related services to which the delay relates, (ii) cancel the sale of products, spare parts and/or related services that have not yet been delivered to the customer, or require prepayment therefor, and/or (iii) exercise remedy for breach of contract.
- Offers, orders and order confirmations
- Offer. The Company’s offer is valid for 10 days from the date the offer is dated unless otherwise stated in the offer. Acceptance of offers received by the Company after the expiry of the acceptance period is not binding on the Company unless the Company informs the customer otherwise.
- Orders. The customer must send orders for products, spare parts, or related services to the Company in writing. An order must contain the following information for each specific product, spare part, or service: (i) Order number, (ii) Article number, (iii) Item description, (iv) Quantity, (v) Price, (vi) Payment terms, (vii) Delivery date, (viii) Delivery address, and (ix) Delivery conditions.
- Order confirmations. The Company aims to send confirmation or rejection of an order for products, spare parts, or associated services to the customer in writing no later than 2 working days after receiving the order. Confirmations and rejections of orders must be in writing to bind the Company.
- Changes of orders. The customer cannot change a placed order for products, spare parts, or associated services without the Company’s written acceptance.
- Conflicting terms. If the Company’s confirmation of an order for products, spare parts, or related services does not agree with the customer’s order or the Terms of Agreement, and the customer does not wish to accept the conflicting terms, the customer must notify the Company in writing no later than 2 working days after receiving the order confirmation. Otherwise, the customer is bound by the order confirmation.
- Delivery
- Delivery terms. The Company can deliver all sold products and spare parts to the curb or as close to the address as the drivers deem possible anywhere in Denmark, except offshore non-bridged islands. Upon delivery at the agreed location, the risk of the order’s eventual demise passes to the customer. The customer is responsible for immediate unloading at the agreed delivery address.
- Delivery time. The Company delivers all sold products, spare parts, and associated services at the time stated in the Company’s order confirmation. The company has the right to deliver before the agreed delivery time unless the Parties have agreed otherwise.
- Examination. The customer must examine all products, spare parts, and associated services upon delivery. If the customer discovers an error or deficiency that the customer wishes to claim, it must be immediately notified in writing to the Company. If an error or deficiency that the customer discovers or should have discovered is not immediately notified in writing to the Company, it cannot be claimed later.
- Delivery. If the customer fails to receive the product or the customer’s circumstances otherwise cause the Company to be unable to make delivery, delivery is deemed to have taken place at the time when the Company notifies the customer that the product was made available to the customer.
- 100-day return policy. The right of return applies from the time the product is delivered. When ordering several booths, this only applies to one booth. All communication in this regard must be in writing. The right of return requires that the booth is undamaged and complete, as well as packed in original packaging. The company bears the costs for transport and freight, which the customer takes care of himself, but a maximum of DKK 2,000.
- Delayed delivery
- Notification. If the Company expects a delay in the delivery of products, spare parts, or associated services, the Company informs the customer of this and at the same time provides the reason for the delay and new expected delivery time.
- Warranty
- Warranty. The company guarantees that products, spare parts, and associated services are free from material defects and defects in design, materials, and workmanship for 24 months after delivery. For parts that are replaced under warranty, the warranty period is 36 months from the replacement, but a maximum of 24 months from the original delivery.
- Exceptions. The Company’s warranty does not cover wearing parts and errors or defects caused by: (i) normal wear and tear, (ii) storage, installation, use, or maintenance contrary to the Company’s instructions or common practice, (iii) repair or modification carried out by others than the Company the same, and (iv) other conditions for which the Company is not responsible.
- Notification. If the customer discovers a fault or defect during the warranty period, which the customer wishes to claim, it must be immediately notified in writing to the Company. If an error or deficiency that the customer discovers or should have discovered is not immediately notified in writing to the Company, it cannot be claimed later. The Customer must provide the Company with the information about a reported error or deficiency that the Company requests.
- Examination. Within a reasonable time after the Company has received notice from the customer of a fault or defect and investigated the claim, the Company shall notify the customer whether the fault or defect is covered by warranty. Upon request, the Customer must send defective parts to the Company. The Customer bears the cost and risk of parts during transport to the Company. The Company bears the cost and risk of parts in transit to the customer if the error or deficiency is covered by warranty.
- Remedy. Within a reasonable time after the Company has notified the customer pursuant to section 9.4 that an error or deficiency is covered by warranty, the Company remedies the error or deficiency by: (i) replacing or repairing defective parts, or (ii) sending parts to the customer for the customer’s own replacement or repair.
- Cancellation. If the Company fails to remedy an error or defect covered by the warranty within a reasonable time after the Company has given notice to the customer pursuant to section 9.4, for reasons for which the customer is not responsible, and the error or deficiency is not remedied within a reasonable period of at least 60 days, the customer may cancel the order or orders affected by the error or deficiency without notice by written notice to The company. The customer has no other rights due to errors or defects in products, spare parts, or associated services than those expressly stated in section 9.
- Liability
- Liability. Each party is responsible for its own actions and omissions according to applicable law with the limitations that follow from the Basic Agreement.
- Product liability. The company is responsible for product liability with regard to delivered products and spare parts, to the extent that such liability follows from mandatory legislation. The customer must indemnify the Company to the extent that the Company incurs product liability in addition to this.
- Liability for damages. The Company can in no case be held responsible for operating loss, loss of profit, or other indirect losses or collateral damages. The Company’s potential liability towards the customer is in all cases limited to DKK 10,000.
- Impossibility or Force majeure
- In the event of impossibility or force majeure occurring after the conclusion of the Exclusive Dealer Agreement, which prevents a Party from fulfilling its obligations under the Exclusive Dealer Agreement, the Party in question is exempt from liability if it is due to circumstances beyond a Party’s control, including, but not limited to, force majeure, war, terrorism, fire, riot, strike, lockout, or other serious labor market-related disputes, riots, earthquakes, floods, explosions or other natural phenomena, as well as shortages in deliveries or delays from suppliers or sub-suppliers caused by any of the above conditions.
- The rights and obligations which belong to or are incumbent on the Party affected by impossibility or force majeure are extended by a period corresponding to the period that the force majeure situation has lasted.
- The rights and obligations which belong to or are incumbent on the Party affected by impossibility or force majeure are extended by a period corresponding to the period that the force majeure situation has lasted.
- In the event of a Party’s failure to fulfill the Exclusive Dealership Agreement as a result of conditions mentioned above under point xx, the other Party is entitled to terminate the Exclusive Dealership Agreement, unless fulfillment can take place within a reasonable time.
- Liability
- The company can under no circumstances be held liable for operating losses, loss of profit, or other indirect losses or collateral damages. The company’s potential liability towards the customer is in all cases limited to DKK 5,000 of the invoiced amount.
- Confidentiality
- The Parties are bound by a duty of confidentiality with respect to anything they learn about the other Party under this Exclusive Dealer Agreement and shall treat such information as confidential.
- The parties may only pass on such confidential information to employees or subcontractors who have a legitimate need to access the information. Before passing on confidential information to employees or subcontractors, the relevant Party must make the employee or subcontractor aware that the information is confidential.
- The obligation of confidentiality does not include information that at the time of the acquisition of the knowledge was or has subsequently become publicly available or generally known.
- The obligation of confidentiality covers the Parties’ employees, subcontractors, and external advisers.
- This provision applies both during the term of the Exclusive Dealer Agreement and after the end of the collaboration.
- All information exchanged between the customer and the Company must be treated and kept confidential. Apart from what may result from the processing of the case, information is not passed on to third parties. The customer is under no circumstances entitled to pass on all or parts of material or communication between the customer and the Company.
- The company operates within an industry where public statements, reviews, and ratings on various media and forums, such as Trustpilot, are of great importance and are given great weight by new/future customers. Making unreasonable or unjustified statements, reviews, or assessments towards the Company, or making other unreasonable or unjustified negative mentions of the Company, can thus have major negative consequences and lead to losses for the Company. Moreover, such statements, reviews, or ratings are sometimes used by customers as blackmail.
- Based on this, all customers who enter into an agreement with the Company undertake to seek any complaint, dispute, dissatisfaction, discrepancy, or similar to be resolved internally and amicably. As a customer, you thus commit yourself to, regardless of the nature and possible justification of any complaint, dispute, dissatisfaction, or discrepancy, first contact the Company, which is then entitled to investigate the matter further and seek to resolve it amicably.
- The duty of confidentiality, and thus the ban on public statements, reviews, and evaluations, apply for 24 months from the conclusion of the agreement and, in the event of a breach, can be sanctioned with a daily fine of DKK 2,000 for each day the opinion, report or evaluation is maintained by the customer. After the end of the 24-month period, the customer can publicly and under general liability make statements, reviews, and evaluations, etc.
- Applicable Law and Jurisdiction 14.1. Applicable law. The Parties’ trade is in all respects subject to Danish law. 14.2. Jurisdiction. Any dispute that may arise in connection with the Partiers’ trade must be settled by a Danish court.
