Terms & Conditions
SALES AND DELIVERY CONDITIONS
1 Validity
1.1 These sales and delivery conditions apply between ccbsafety and any customer in relation to all purchases, agreements, offers, orders and deliveries, including orders placed on ccbsafety's e-commerce system (online, mobile or tablet), unless otherwise agreed and confirmed in writing by ccbsafety.
1.2 The sales and delivery conditions apply without changes, additions or supplements and precede the customer's own possible business conditions and the customer's possible obligations towards and agreements with third parties, all of which are unrelated to ccbsafety and without legal effect in relation to ccbsafety.
1.3 ccbsafety is entitled to change these sales and delivery conditions at any time. Such changes will be available on ccbsafety's website, indicating the notice/effective date: www.ccbsafety.com.
2 Offers
2.1 Offers made by ccbsafety are valid for a maximum of 30 days from the time of making the offer. Offers are binding during the validity period, except as stated under section 2.2. and 3.3 below. After the expiry of the validity period, the offer expires in its entirety.
2.2 ccbsafety can always change or revoke submitted offers prior to the customer's acceptance.
3 Price and delivery
3.1 All prices are quoted exclusive of VAT, unless otherwise stated by ccbsafety. In addition to the prices, interest is charged cf. 6 as well as costs and fees for transport etc. in accordance with the cost and fee rules below, cf. 12.
3.2 Prices in product information or price lists is indicative only. ccbsafety is only bound by prices and product specifications that are expressly stated or referred to in the order confirmation.
3.3 ccbsafety reserves the right at any time and regardless of clause 2.1, 2.2 and 3.2 the right to raise the price if, before delivery, new or increased costs are imposed on ccbsafety, among other things as a result of changes in customs duties, taxes, levies, exchange rates, raw material prices, transport costs or documented price increases from suppliers. The price is increased along with increased costs for storage and handling as a result of the customer's conditions, cf. 3.8
3.4 In the event of non-payment or late payment by the customer, ccbsafety, regardless of whether the purchase is maintained or cancelled, is entitled to stop all deliveries to the customer until any amount due is paid.
3.5 The place of delivery is the customer's address, unless otherwise stated in the order confirmation.
3.6 Payment with release effect can only be made to ccbsafety.
3.7 ccbsafety may, at its own discretion, make partial deliveries and partial invoicing.
3.8 If the customer fails to pick up the goods or place an order for shipment after the delivery time has occurred, ccbsafety is entitled to store and insure the service at the customer's expense. If the customer fails to pick up the goods despite a written request, ccbsafety - also in cases where the goods have been manufactured specifically according to the customer's instructions or specifications - is entitled to sell them as best as possible at the customer's expense.
4 Delivery time
4.1 Delivery is considered timely, regardless of whether delivery is postponed by up to 3 weeks beyond the agreed delivery time. For delivery of non-stocked goods that have been specially ordered or specially manufactured (hereafter collectively referred to as "STOCK ITEMS"), delivery is deemed to be on time, regardless of whether delivery is delayed by more than 3 weeks, if the delayed delivery is due to or is justified by
the conditions of ccbsafety's suppliers. Such a postponed delivery does not give the customer the right to exercise rights of default.
4.2 In the event of a delay in delivery, except for PURCHASED GOODS by more than 3 weeks after the agreed delivery time, the customer has the choice between demanding the orders delivered or canceling the agreement, as such delay is considered significant, cf. however point 4.3. In that case, cancellation must be done immediately and in writing. In the event of a delay in delivery of special manufactured GOODS, the customer does not have the right to withdraw, as long as ccbsafety can prove that delivery will actually take place.
4.3 If a delay in delivery is due to any circumstance which, according to point 8.1, constitutes a reason for exemption from liability or is due to the customer's action or omission, the delivery time will be extended, to the extent that the relevant mentioned situation justifies it or otherwise, in which it is considered reasonable in the circumstances. The delivery time is extended, even if the reason for the delay occurs after the expiry of the originally agreed delivery deadline.
4.4 In the event of cancellation pursuant to point 4.2, the customer is at most entitled to demand the return of the already paid purchase price from ccbsafety. ccbsafety's liability for damages is thus limited and maximized to an amount corresponding to the purchase price paid and does not include compensation for the customer's direct loss or indirect loss, such as loss of turnover, additional costs for wages, daily fines to third parties, etc. The provisions in the general limitation of liability below in point 12 apply accordingly.
4.5 If the customer fails to cancel the agreement, the customer is not entitled to any compensation due to the delayed delivery.
4.6 Apart from the above, the customer may not assert other rights of default or compensation claims against ccbsafety as a result of delay.
5 Product specification and ownership
5.1 Goods are delivered in accordance with the specification in ccbsafety's offer or order confirmation. It is the customer's obligation to ensure that the specification is in accordance with and fulfills the customer's requirements and wishes for the order.
5.2 ccbsafety reserves the right of ownership to the sold item until the entire purchase price and any additional costs and interest have been paid by the customer.
5.3 Until ownership has passed to the customer, the products must be insured by the customer and stored separately. The customer undertakes not to, without ccbsafety's consent, move, pledge, rent, lend or in any other way dispose of the sold item, until ownership has passed to the customer. The customer may not make any changes to the delivered product either.
6 Payment conditions and offsetting
6.1 Payment must reach ccbsafety no later than the due date stated on the invoice. ccbsafety's account information appears on the forwarded invoice.
6.2 If payment is made after the due date, ccbsafety calculates default interest on the amount due at 2% per started month. Accrued interest and costs are credited to the customer's account and paid before other debts.
6.3 The customer is not entitled to terminate ccbsafety's claim for payment of the purchase price by offsetting or to exercise the right of retention, regardless of whether the customer's claim arises from different orders or from other legal relationships between the parties.
6.4 In the event of the customer's delayed payment, ccbsafety has the right to suspend the fulfillment of its obligations towards the customer regarding the relevant goods and possibly other legal relationships between the parties.
6.5 In the event of late payment by the customer, ccbsafety has the right to demand that non-due claims be settled immediately in accordance with the rules on anticipated default.
6.6 In case of late payment by the customer, ccbsafety has the right to correct payment by offsetting any customer bonus related to subsequent orders.
6.7 In the event of the customer's delayed payment, ccbsafety is entitled to cancel the agreement regarding the relevant goods and demand compensation for the loss suffered by ccbsafety.
7 Shortcomings and remedy
7.1 The customer is obliged to examine the goods immediately upon delivery. Complaints must be made in writing before the points 7.2 and 7.3 mentioned deadlines. Failure to make a complaint in a timely manner means that the customer is barred from raising objections later.
7.2 The customer's complaint about defects of any kind, including deterioration, lack or damage to the delivered goods, must be made immediately upon receipt of the goods.
7.3 The customer's complaint about non-visible defects that are due to errors in the construction, material or manufacturing must be made no later than 12 months from the date of delivery.
7.4 For defects where the customer has complained in a timely manner in accordance with section 7.1- 7.3, ccbsafety undertakes to remedy such deficiencies. In the case of existing defects, ccbsafety is entitled to freely choose between repair, delivery or crediting of the original purchase price for the delivered goods to fulfill ccbsafety's remedial obligation. ccbsafety's liability for defects is thus limited and maximized to the purchase price paid and does not include compensation for either the customer's direct loss or indirect loss of any kind, such as loss of turnover, additional costs for wages, daily fines to third parties, etc. in addition to the paid purchase price. For PURCHASE GOODS, ccbsafety's liability is further limited by ccbsafety's suppliers' limitations of liability towards ccbsafety. Reference is also made to the general limitation of liability in point 12, which applies correspondingly in relation to liability for defects under this point 7.
7.5 When delivering to unmanned delivery addresses and in the event of a complaint after receipt, it is assumed that any visible deterioration, shortage or damage has occurred after delivery has taken place, whereby ccbsafety is not responsible. In such cases, the customer has the burden of proof that any deterioration, deficiency or damage has occurred before delivery.
7.6 ccbsafety decides whether remediation must take place at the place where defective goods are installed, or at ccbsafety. If rectification takes place at ccbsafety, defective parts must be sent to ccbsafety on request at the customer's expense. In that case, returns after rectification are at ccbsafety's expense.
7.7 If ccbsafety does not remedy the situation within a reasonable time after the customer has complained, the customer has the right to terminate the agreement by written notice to ccbsafety in respect of the defective part of the product in question.
7.8 In the event of cancellation pursuant to point 7.7, the customer is at most entitled to demand the return of the already paid purchase price from ccbsafety. ccbsafety's liability for defects is thus limited and maximized to the purchase price paid and does not include compensation for either the customer's direct loss or indirect loss of any kind, such as loss of turnover, additional costs for wages, daily fines to third parties, etc. in addition to the paid purchase price. Reference is also made to the general limitation of liability in point 12, which applies correspondingly regarding liability for defects under this point 7.
7.9 The customer cannot, in addition to the above, assert other powers against ccbsafety as a result of defects.
8 Force majeure
8.1 The following circumstances lead to freedom from liability if they prevent the fulfillment of the agreement or make fulfillment unreasonably burdensome: labor dispute and any other circumstance beyond the control of the parties, such as fire, war, mobilization, requisition, seizure, currency restrictions, riots and disturbances,
shortage on means of transport, general shortage of goods, restrictions on driving force as well as deficiencies in or delays in deliveries from sub-suppliers which are due to any of the circumstances mentioned in this point.
8.2 Regarding the use of ccbsafety's website www.ccbsafety.com, section 10 is in general used. Non-exhaustive examples of force majeure events in relation to purchases via www.ccbsafety.com can be mentioned:
Breakdown and/or failed access to IT systems or destruction/damage of data in these
systems that can be attributed to the events mentioned below, regardless of whether ccbsafety is responsible for the operation of the systems.
Failure of power supply or telecommunications at ccbsafety.
Legal intervention.
Terrorism or vandalism (including computer viruses and/or hacking).
Right to return
9.1 In accordance with these sales and delivery conditions, ccbsafety undertakes to take goods back under the following conditions:
The item must be complete and in salable condition.
The item must be in undamaged and undamaged original packaging.
The item must be specified and sorted.
The item must be documented as purchased from ccbsafety via delivery note and/or invoice.
The item must not have been discontinued from ccbsafety's range.
PURCHASED GOODS can only be returned on condition that ccbsafety's supplier accepts that
the goods are returned to him.
If the goods do not meet the conditions for return above, they will be returned or disposed of
the goods at the customer's expense.
9.2 In addition, the following conditions apply to the customer's right of return: Goods can be returned for a maximum of 90 days after delivery. Fees are paid in accordance with section 12 for returning goods.
Where PURCHASED GOODS can be returned, cf. 9.1., a credit note is only issued when ccbsafety's supplier has credited ccbsafety for the purchase.
9.3 The right of return only applies to the sale of goods and thus does not apply to rental of equipment.
9.4 Returned goods can be handed in at ccbsafety's store in Unit E2, Chamberlain Road Business Park, Chamberlain Road
Hull, HU8 8HL.
If ccbsafety is to pick up a return item, this must be agreed in advance with ccbsafety.
9.5 Standard packaging, such as pallets, frames and wooden boxes, which have been invoiced to the customer, will be credited to the customer upon return, provided that such packaging is in undamaged condition. Crediting takes place with a deduction of
return fees cf. Item 13. Disposable packaging is not credited.
9.6 If an item is accepted as a return item, cf. section 9.1 to 9.4, the customer is credited with an amount on the customer's account with ccbsafety. The amount credited to the Customer (hereinafter referred to as "RETURN PRICE") corresponds to the lowest invoiced price of the item in question within the last 90 days prior to the return. RETURN PRICE to be credited the customer, can only be offset against already made or future purchases. Returned goods can thus never result in payment of the goods' purchase price or any other amount.
10 Intellectual Property Rights and Websites
10.1 For purchases made via www.ccbsafety.com, the content of the web pages, including e.g. text, graphics, images, logos, icons, software and other material (hereinafter referred to as "MATERIAL") that is directly or indirectly part of the web pages, protected under both Danish and international copyright, trademark law or to other legislation. THE MATERIAL belongs to ccbsafety. The compilation, including i.a. the collection, presentation, arrangement, and organization of the MATERIAL is subject to and protected by Danish and international copyright and belongs to ccbsafety. Unauthorized use of the MATERIAL may be in violation of ccbsafety's rights, including,
among other things, ccbsafety's copyright and trademark rights. The customer is not entitled to change the MATERIAL or to sell, rent, lend, reproduce, display, publicly perform, in any other way fully or partially distribute the MATERIAL for public or commercial purposes, or otherwise use the MATERIAL in a way that belongs only to the rights holder(s) of the MATERIAL. Without written acceptance from ccbsafety, no part of the MATERIAL, regardless of context, may be reproduced or otherwise used on any other website or in a network of computers. This applies regardless of whether the network is for a closed circle of users with limited access.
10.2 The information, instructions or other services that are available or otherwise made available by ccbsafety at www.ccbsafety.com are of a guiding nature only and must not be perceived as and do not constitute technical advice from ccbsafety. ccbsafety is not liable for damages for either direct or indirect losses when using the services made available at www.ccbsafety.com. Reference is also made to section 11, below.
11 General limitation of liability
11.1 Apart from the rights set out in these general conditions, the customer has no claim and ccbsafety is under no circumstances, whether in connection with delay, defects, product liability or otherwise, responsible for any direct or indirect loss or other financial consequential loss, including operational loss, loss of time or loss of profit. The limitation of ccbsafety's liability according to this provision also applies to any error or negligence in ccbsafety's possible information, statements or guidance on durability, use or the like of a product.
11.2 The customer is encouraged to seek technical advice from a third party in connection with the choice of products and their functions, since ccbsafety does not assume responsibility for such, unless the parties have entered into a separate written agreement to this effect.
11.3 ccbsafety is not responsible for damage to real estate or movable property that occurs while the goods are in the customer's possession. ccbsafety is also not responsible for damage to products manufactured by the customer or to products in which these are included. In other cases, ccbsafety is only responsible as described above in section 11.2. and below in section 11.4 on personal injury.
11.4 ccbsafety is solely responsible for personal injury if the damage is demonstrably due to ccbsafety's error or negligence.
11.5 Should ccbsafety be held liable for defects or defects in goods (including in accordance with the rules on product liability) towards a third party, the customer is obliged to indemnify ccbsafety to the same extent that ccbsafety's liability is limited according to these sales and delivery conditions.
11.6 For PROVIDED GOODS, ccbsafety is only responsible for errors and omissions to the extent that the supplier is responsible.
12 Cost and fee policy
12.1 Delivery cost
12.2 When delivering to the customer, cf. section 3.5, a delivery cost is charged unless otherwise agreed separately.
12.3 Collection of orders in a ccbsafety store takes place without delivery costs.
12.4 When transporting dangerous goods, a cost is charged to cover the external carrier's costs for handling the transport of dangerous goods.
12.5 For deliveries abroad, the customer pays all shipping costs.
12.7 Return fee
12.8 The fee for accepting and handling the return of goods and packaging is generally calculated as 20% of the RETURN PRICE, cf. section 9.5.
12.9 PROVIDED GOODS are additionally subject to a possible return fee from the supplier. PROCUREMENT GOODS can only be returned on condition that ccbsafety's supplier accepts that the goods are returned to him. A credit note is only issued when ccbsafety's supplier has credited ccbsafety for the purchase.
12.10 Goods, apart from STOCK GOODS cf. point 4.1., which are purchased and collected in a ccbsafety store and which are returned to a ccbsafety store no later than 14 working days after collection, will not be covered by the return fee.
12.11 When ccbsafety collects return goods and/or return packaging from the customer or a third party, a collection fee of DKK 199 is charged in addition to any return fee cf. point 13.2.
12.12 ccbsafety International A/S is conscious of its potential environmental impact and focuses on sustainability.
Therefore, an environmental surcharge of 2% is imposed on each invoice.
The environmental supplement covers some of the expenses the company has for, among other things, environmental supervision, certifications, energy taxes, sorting and transport according to regulations for environmentally friendly disposal of waste with approved carriers.
13 Choice of law and venue
13.1 Any disagreement between the parties must be settled in accordance with Danish law and in accordance with these terms and conditions of sale and delivery.
13.2 All disputes that cannot be resolved amicably are settled with Esbjergs City Court as the chosen venue and subject to referral to another competent court in accordance with the rules of the Administrative Procedure Act.
SALES AND DELIVERY CONDITIONS
ccbsafety December 2022