General Terms & Conditions for web sales and delivery of Sort of Coal ApS
§1 Applicability and amendments
The General Terms & Conditions exclusively apply to any and all offers, agreements, sale and deliveries of products by Sort of Coal through the Sort of Coal web shop.
Sort of Coal explicitly rejects the applicability of any other (general) terms. The Client explicitly acknowledges and accepts that any other terms or conditions are not applicable.
Sort of Coal have the right to amend the General Terms & Conditions without prior notice. Any amendments to the General Terms & Conditions will be published on the Website.
With regard to the sale, purchase, delivery of special products, but not limited to products of which the price is provided upon request, limited editions and products of which the purchase order / agreement is not completed through the Web shop, Sort of Coal is entitled to apply additional or other terms and conditions.
§2 Order confirmation
An order confirmation is legally binding to the client 8 days after receiving the goods. The client can, in writing, object to mistakes/incorrect information in the order confirmation until 8 days from receiving the goods.
Complete or partly cancellation of confirmed orders will be charged 10% of invoice value, if cancellation takes place within 8 days after receiving the order confirmation.
Cancellation of special orders are charged by 100% of the order price.
§3 Offers and agreements
All offers made by Sort of Coal are noncommittal except in case of a Consumer Purchase, and are subject to change, availability and the mentioned term of validity.
Unless Sort of Coal has explicitly accepted another manner of closing the Agreement, Agreements are closed if Client has received a written (including e-mail) confirmation of his purchase by Sort of Coal An automatically rendered confirmation is not to be considered as such written confirmation.
Sort of Coal may refuse orders or attach certain conditions to the delivery, unless otherwise explicitly determined.
Acceptance of an offer or the purchase of a product implies that the Client accepts the applicability of these General Terms & Conditions.
The Client carries full responsibility for providing Sort of Coal with the correct details in order to enter into the Agreement.
Sort of Coal is entitled to assign third parties to execute the Agreement. These General Terms & Conditions also apply to the relation with these third parties.
§4 Prices and payment
The prices published on the website for the products offered via/in the Sort of Coal webshop to Clients residing in Denmark are in Danish Kroner, include VAT and are excluding costs of handling and dispatch, applicable taxes or other duties, unless otherwise notified or agreed by Sort of Coal.
The prices published on the website for the products offered via/in the Sort of Coal webshop to Clients residing in the EU are in Euros, include VAT and are excluding costs of handling and dispatch, applicable taxes or other duties, unless otherwise notified or agreed by Sort of Coal.
The prices published on the website for the products and services offered via/in the Sort of Coal webshop to Clients residing in US/Canada are in US $ excluding VAT, costs of handling and dispatch, applicable taxes or other duties, unless otherwise notified or agreed by Sort of Coal. Sort of Coal charges a standard payment handling fee for each order which is published on the Website.
The Sort of Coal payment terms are 8 days net from date of invoice. If payment is not completed in due time, Sort of Coal charges interests equaling the reference interestrate suggested by the Danish National Bank and additional 7% each year until payment is complete. Charges for sending reminders for non-payment is kr. 100/ € 15
In case of failure to meet payment, Sort of Coal reserves the right to cancel the agreement/order without prior notification and to demand compensation for any loss the failure to pay has caused, including the agreed orderprice and other documented related costs.
§5 Order size
To provide for the fastest delivery of orders, Sort of Coal reserves the right to adjust the order by 10% in order to meet our standard packaging sizes.
The term for delivery given by Sort of Coal is provided as an indication only and shall never constitute a fixed or fatal deadline. Should a term for delivery be exceeded, this shall not give the purchaser the right to claim compensation. Unless it concerns a Consumer Purchase, Sort of Coal shall have to be notified in writing by Client for late delivery and shall have to be granted a reasonable term for delivery before being in default.
Sort of Coal determines the method of transport of the goods ordered via the Sort of Coal webshop, unless otherwise agreed.
Delivery to the Client takes place at the moment that the products leave Sort of Coal’s premises or storage. Products are considered to be delivered to a Consumer at the moment the products are delivered at the address provided by the Consumer or in absence of Consumer at the post-office, at Consumers neighbours or (with Consumers consent) another third party.
If a delivery is rejected by a Client the costs arising from this rejection can be charged to Client as well as the damages suffered by Sort of Coal
§7 Defective products and complaints
Sort of Coal’s products comply to the demands and functionalities that can reasonably be set for such products if used in the regular manner and for the purposes intended for. Certain products may be subject to minor deviations in shape and colour, this depends on the material from which the products are manufactured. Sort of Coal is considered to have met the obligation of delivery in case of such minor deviations. All information and pictures with regard to the colors, materials, sizes and details of the Products are to be considered as an indication of the product. Minor deviations of these aspects can not be a cause for return of the product, dissolution of the Agreement, price reductions or compensation of damages or costs. If applicable, the terms and conditions for warrantees from manufacturers and importers apply to the delivered products.
Upon delivery, the Client is obliged to check whether the Products comply with the Agreement. Should this not be the case, the Client shall notify Sort of Coal in writing including motivation immediately in case of deviations in the outer appearance of the product, or within 8 days of delivery in any other case.
A complaint cannot be accepted if the product has been used contrary to the instructions for use, the product has been used without care or has been used for a purpose other than that for which it was designed and intended.
Sort of Coal is not liable for damages caused by inexpert use of the delivered product or usage for other purposes then the purposes for which the product is intended according to objective standards.
Sort of Coal is not liable for indirect damages and costs, for example but not limited to lost profits, consequential damages, damages caused by delayed delivery, mutilated or destructed data or materials or lost turnover.
The Client shall indemnify Sort of Coal from the consequences of any claims by third parties arising from the execution of the Agreement and which are caused by acts attributable to the Client.
Sort of Coal is only liable for personal or item damages when it can be documented that the damages are directly caused by negligence/mistakes from Sort of Coal. Sort of Coal is not liable if the product has been used contrary to the instructions for use, the product has been used without care or has been used for a purpose other than that for which it was designed and intended.
Claim for damages must be submitted in writing to Sort of Coal max. 14 days after the damages has occurred. Sort of Coals total liability is limited to compensation of the amount that the insurance company pays out to Sort of Coal. If the insurance company does not pay out any amount to Sort of Coal and Sort of Coal is liable for compensation of damages according to this article 3, Sort of Coal’s total liability is limited to compensation of the amount of the invoice with regard to the relevant product delivery/purchase, which can be maximised by Sort of Coal to a specific amount with regard to products of which the purchase price is provided to Client upon request, limited editions or with regard to purchase orders/Agreements which are not completed through the Webshop.
§9 Force Majeure
Force Majeure is taken to mean any shortcoming, which may not be attributed to Sort of Coal according to law, jurisprudence or generally accepted situations or circumstances. Force Majeure is also taken to mean import or export prohibitions by or because of a government, lack of or non-timely delivery by suppliers of Sort of Coal, strikes or extremely high absenteeism through illness by Sort of Coal employees or suppliers.
In the event of a Force Majeure situation, Sort of Coal has the choice of either cancelling (further) execution of the Client's order or rescinding the order without legal intervention, by informing Client of this in writing and without being held to any form of liability for damages or costs. The Client shall be obliged to pay for (part of) the product(s) that have been delivered by Sort of Coal.
§10 Intellectual property rights
The Client acknowledges that Sort of Coal is the rightful owner and/or licensee with regard to the relevant intellectual property rights concerning the (pictures of the) Sort of Coal products, packaging, the website, texts, trademarks, trade names and logo’s, information, Sort of Coal concepts and databases and shall entirely and unconditionally respect these rights. The Client is prohibited to reproduce and/or make available to the public any of the protected items without the prior written consent of Sort of Coal.
The Client is not allowed to transfer the Agreement or any rights arising from the Agreement with Sort of Coal to third parties.
§11 Applicable law and competent court
All rights, obligations, offers, orders and Agreements to which these terms apply, as well as these General Terms & Conditions themselves, are governed by Danish law only.
Any disputes between parties will be submitted to the jurisdiction of the competent Courts in Denmark.