Terms and conditions
Scandynashop is responsible for the online distribution of Scandyna products in the United States of America under the company name No Zebra ApS.
Terms and Conditions for purchase of Products at No Zebra ApS’s homepage
These Conditions apply to all purchases of products made from No Zebra ApS’ homepage www.scandynashop.us. All information (including these terms and conditions) on the homepage and in connection with placement of the purchase order are in English, and the purchase agreement is in English
These terms and conditions are accepted by the customer in connection with placement of the purchase order and will also be available on the No Zebra ApS homepage at all times.
These terms and conditions may only be altered, supplemented, or amended by use of any additional document(s) that purport to be an agreement of the parties. Any such attempt shall be null and void.
1 RECEIPT OF ORDER AND CONCLUSION OF AGREEMENT
1.1 Order Procedure
Immediately before final confirmation of the order, the customer will see the total amount of the placed order and shipping fee on the homepage. Before final confirmation of the order the customer will get the opportunity to correct any mistakes. Shortly after confirmation of the order the customer will receive an e-mail at the e-mail address stated by the customer. The e-mail contains an order confirmation with the information confirmed by the customer including among others the customer’s order number, name and address, method of payment, delivery address, summary of ordered products and an anticipated shipping date.
The customer is urged to go through the order confirmation and notify No Zebra ApS if the order confirmation in the customer’s opinion does not correspond with the placed order. The customer is encouraged to save and if possible print the order confirmation.
The order will be stored by No Zebra ApS, but will not – except for the order confirmation – be accessible to the customer after the order has been placed.
The final agreement between the customer and No Zebra ApS is considered concluded when No Zebra ApS has confirmed the placed order. However, the reservations in clause 9.2 still apply. No Zebra ApS will, as soon as possible, notify the customer in case of any reservations, e.g. that a product is sold out.
The customer is accountable and holds the risk for the correctness of the entered information about the customer. No Zebra ApS does not validate nor check this information.
1.2 Invoice
A printed invoice is forwarded together with the product.
2 PRICES AND PAYMENT
2.1 Prices and Currency
The price applicable is the price stated on the homepage in connection with the specific product on the day of the order placement. The product is paid in US Dollars (hereinafter refered to as “USD”) and all prices, taxes and expenses if listed are stated in USD on the homepage, order confirmation and invoice.
In case currency exchange is necessary such exchange rate and cost is of no concern of No Zebra ApS.
For delivery in United States of America, no VAT or duty is calculated. The local customs authorities can collect VAT and duty as well as other levy dues. No Zebra ApS is not liable for whether or not the local customs authorities collect these taxes etc. It is the customer’s own responsibility to pay these amounts, even though these are not specified in the order confirmation or the invoice, given that no such amounts are of any concern of No Zebra ApS.
2.2 Cost of delivery
To any order placed on the homepage, cost of delivery is added to cover the shipping fee. The shipping fee will appear from the homepage before final confirmation as well as on the order confirmation and invoice, which is sent to the customer.
2.3 Payment with Payment Cards
Payment can only be done with the acknowledged payment cards listed on the homepage when executing the payment. The total purchase amount including shipping costs etc. is withdrawn from the customer’s bank account upon shipment. The amount withdrawn will appear from the customer’s bank account.
No Zebra ApS’s payment solution is based on the SSL standard, which means that the information submitted in connection with the payment transaction is protected by encryption. Card and account information is transferred encrypted for cashing and validating purposes and No Zebra ApS does not register nor store this information.
2.4 Late Payment
The amount is due for payment upon shipment of the product, and shipment is conditioned that the payment card covers the purchase amount. In case of late payment, (e.g. because the invoiced amount cannot be withdrawn from the customer’s bank account or if the customer unrightfully stops the transaction or demands the transaction returned) a reminder charge equivalent of DKK 100 (approximately USD 18.34, year 2010) is payable for each reminder. No Zebra ApS sends a maximum of three reminders before the debt is placed for collection.
Default interest for late payment accrues for the period until payment. The rate is fixed in the Danish Interest Act (renteloven).
3 DELIVERY
3.1 Place of Delivery and Transport Method
Delivery is made to the address specified by the customer. Shipment is handled by a recognized freight company according to the method of transport specified in the customer’s order and confirmed in the order confirmation.
3.2 Time of Delivery
The estimated date of shipment is specified in the order confirmation – ordinarily within 3-10 weekdays. As No Zebra ApS cannot vouch for the local delivery services, No Zebra ApS cannot, for certain, state a time of arrival of the product at the customer’s address.
If the shipment of the ordered products is delayed; No Zebra ApS will notify the customer hereof as soon as possible by e-mail at the address stated by the customer.
THE PARTIES HEREBY AGREE TO DEVIATE FROM THE DANISH CONSUMER CONTRACTS ACT § 24, SUBSECTION 1 (IN DANISH “LOV OM VISSE FORBRUGERAFTALER”) THUS THE CUSTOMER CAN NOT DEMAND TO HAVE RECEIVED THE PRODUCT WITHIN 30 DAYS OF PLACEMENT OF THE ORDER.
4 RIGHT OF CANCELLATION
4.1 14 days’ Right of Cancellation
No Zebra ApS grants full right of cancellation for a period of 14 days after the receipt of the product, should the customer regret the purchase. Products which are in materially the same condition and quantity as at the receipt, can be returned to No Zebra ApS at the address stated in clause 4.3 , provided that the customer hand in the product for shipment to No Zebra ApS at a freight company no later than 14 days after the reception of the product. The customer is urged to ensure documentation that the product has been shipped.
As the original packaging in some instances can be of noticeable value to the product and to the safe (return) shipment of the product, the lack of returning this can be regarded as not returning the product in the same condition and quantity. The customer bears the risk that the packing of the product is adequate. Therefore the customer is urged to keep the original packaging until the customer is certain that the customer does not want to return the product.
The customer can also cancel the purchase by refraining to receive the product or refraining to pick up the product at the post office etc.
4.2 Return
Products returned should be accompanied by either the original or a copy of the order confirmation, the invoice or similar documentation, and must state the bank account information where the purchase amount can be transferred to.
Shipment costs for the return of the product are payable by the customer and will not be refunded by No Zebra ApS.
If the customer refrains to receive the product, hereby cancelling the purchase, thus imposing the shipment costs for the return on No Zebra ApS, No Zebra ApS is entitled to deduct such freight costs in the purchase amount paid by the customer to No Zebra ApS, which is to be reimbursed the customer.
The amount paid by the customer for the product in question including shipping costs for the shipment to the customer will be refunded when the product is returned to and received by No Zebra ApS. The amount is refunded in immediate continuation of No Zebra ApS’ reception and control of the product. As a rule, this will be done within 30 days of reception of the product.
When shipping to USA, the Tax, VAT or other local fees will not be refunded to the customer.
4.3 Return Address
Any communication concerning the right of cancellation or return of products can be made to the following address and telephone number:
Scandyna International
Ørderup Kirkevej 39
DK- 6520 Toftlund
Denmark
Tel. +45 86 20 34 17
sales@scandynashop.com
4.4 Non-consumer transactions
No cancellation right is rendered to non-consumer customers according to The Danish Consumer Contracts Act (in Danish “Lov om visse forbrugeraftaler”).
5 FAULTS AND DEFECTS – COMPLAINTS
In the extent that product documentation and user guides are available, these will be enclosed with the delivery of the product and the customer is urged to familiarize himself with these before use, and follow recommended maintenance, if any.
The Customer is urged, immediately after reception of the ordered product, to examine the product, among others examine if the product is damaged and make sure that the product received corresponds to the ordered product.
5.1 24 Months notice on faults and defects on all Products
The customer has 24 months notice on faults and defects on all products. This means that the customer cannot complain about faults or defects later than 24 months after the delivery date.
Any faults or defects of the received products must be complained in writing within reasonable time after they have been found or should have been found.
The right to make complaints only applies to faults and defects present at the time of delivery. Faults and defects are not covered by the right to make complaints if they are due to improper use or use in violation of guidelines specified in the product documentation or user guides or due to wear and tear, nor if the product has been damaged after the reception of the product.
5.2 Complaints and Returns
No Zebra ApS pays the expenses for returning defective products, including return in connection with repairs or replacement deliveries. However, the customer bears the risk for the return and is urged to ensure proper packaging of the products returned. The customer must inform No Zebra ApS of the nature of the fault or defect in connection with the return and the customer is encouraged to enclose a copy of the order confirmation and/or invoice.
Return of products or complaints must be sent to the address given in clause 4.3.
5.3 Repairs and replacement deliveries
If, within the period stated in clause 5.1 , the product proves to be faulty or defective, No Zebra ApS undertakes to remedy such faults or defects within a reasonable period.
If it is not possible - or deemed inexpedient by No Zebra ApS - to repair the product, No Zebra ApS undertakes to deliver another product free from faults and defects, in replacement, after receipt of the defective product.
No Zebra ApS also undertakes to refund any documented expenses pertaining to the return. If neither repair nor replacement delivery is a feasible solution, No Zebra ApS will refund the purchase price including all shipping costs to and from the customer.
5.4 Liability
NO ZEBRA APS ASSUMES NO LIABILITY TOWARDS THE CUSTOMER OTHER THAN WHAT IS PROVIDED FOR IN THE ABOVE CLAUSES.
NO ZEBRA APS CANNOT IN ANY EVENT BE HELD LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS ON OPERATIONS AND PROFITS RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THESE TERMS AND CONDITIONS, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE.
NO ZEBRA APS SHALL HAVE NO LIABILITY TO THE CUSTOMER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
IF NO ZEBRA APS REGARDLESS THE ABOVE SHALL BE HELD LIABLE TO PAY DAMAGES, SUCH DAMAGERS CAN NEVER EXCEED THE PRICE PAID FOR THE PRODUCT.
No Zebra ApS is liable pursuant to mandatory statutory provisions of Danish law on product liability applicable at the time of entering into this Agreement, but does not accept responsibility to any further extent. Any non-statutory product liability according to Danish case law is hereby expressly excluded from No Zebra ApS’ responsibility.
6 LIMITED WARRANTIES
Products are sold by No Zebra ApS “AS IS”. However third party manufacturer or supplier of products may offer its own warranties, and the customer agree to look solely to such manufacturer or supplier for any warranty related claims. NO ZEBRA APS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT.
7 COPYRIGHT AND TRADEMARK
No Zebra ApS and any respective third parties are the owner of all intellectual property rights, including copyrights and trademarks to the design and names of the products.
8 PERSONAL DATA
8.1 Processing of Personal Data
No Zebra ApS is subjected to the Danish Act on Processing of Personal Data (Persondataloven) (hereafter “PPD Act”) and any processing of personal data is carried out in accordance with the PPD Act. No Zebra ApS is according to the PPD Act considered “data controller” and responsible for all information that is registered about customers and visitors on the homepage.
No Zebra Aps is entitled to use a third party “data processor” conditioned of compliance with current Danish legislation hereon including the PPD Act.
No personal data registered by No Zebra ApS is at any time transferred, sold or made accessible to any third party. All information is safely stored and is only accessible to entrusted employees at No Zebra ApS.
The homepage uses cookies to manage the “shopping cart”, “remember” your account, and for creating statistics. A cookie is the term for a file that is stored on the customer’s computer which identifies the used computer to the homepage. The cookie contains no personal data in itself.
Cookies are only used for the purpose of optimizing the homepage and its functionalities and for measuring the efficiency of advertising campaigns etc.
When purchasing through the homepage, No Zebra ApS will ask for the customer’s name, address, phone number and email address, which is necessary to execute the purchase order. This information is only used for handling the purchase order. The contract itself (the purchase order) is not stored at No Zebra ApS in a form where the customer can login and see/change the status of the order later on.
In addition, the IP-address used by the customer is registered when an order is placed. This information will only be used in events of fraud.
The customer can choose to submit his/her email address to the No Zebra ApS mailing list. By doing so the customer accepts to continuously receives news and other information from No Zebra ApS. This service can at any time be subscribed/unsubscribed without any cost for the customer.
The customer can contact No Zebra ApS cf. the information stated in clause 13 , if the customer wishes to know which data is registered and processed about the customer. Based on the objections, if any, No Zebra ApS will delete and/or correct information in accordance with the customer’s wishes, on the condition that such action will not prevent a purchase order’s fulfillment, or be in violation with current legislation.
8.2 Marketing
No Zebra ApS may not, in any event, pass on any customer data to a third party. No Zebra ApS may not use the data for marketing purposes, including circulation of promotion e-mails, unless accepted by the customer.
8.3 Deletion of Data
Data regarding the customer's order and any other customer data will be stored for 5 years, unless Danish legislation demands storage for a longer period of time. After this period the data will be deleted automatically unless the data is still of relevance to No Zebra ApS, e.g. for executing new orders. One of the reasons for this storage is to ensure the correct handling of any complaints.
9 MISCELLANEOUS
9.1 Communication with No Zebra ApS
Inquiries concerning delivery and payment, etc., can be made on e-mail address sales@scandynashop.com
9.2 Reservation for typographical errors, etc.
No Zebra ApS makes reservations for typographical errors and picture errors, sold-out situations, changes in value added tax and duty rates, and late or defective delivery due to force majeure events.
9.3 Invalidity
Should any part of these Conditions be deemed unlawful and invalid and thus not enforceable, this will not affect the validity and enforcement of the remainder of the Conditions.
10 E-MARKETING
10.1 Newsletter
The customer can choose to receive No Zebra ApS’ newsletter (email advertisement). The newsletter contains information about No Zebra ApS and its products, relevant discounts, campaigns etc.
The customer will only receive the newsletter when the customer explicitly has accepted this and the customer can always later on, unsubscribe the newsletter.
11 CLAUSES SOLELY FOR NON-CONSUMERS
These terms and conditions also apply for non-consumer purchases, when the customer makes the purchase as part of his business, though with the following modifications:
· The right of cancellation cf. clause 4 does not apply for non-consumers.
· The returns period for faults and defects is 6 months from the date of the invoice. Replacement delivery or repair does not trigger a new returns period.
· No Zebra ApS reserves the property right and title to products sent to the customer, until reception of payment in full.
· Interests are accumulated from the date of payment by 2 % for every month or fraction of a month.
12 GOVERNING LAW AND VENUE
UNLESS DETERMINED IN MANDATORY STATUTORY PROVISIONS, ALL PURCHASES AND DISPUTES IN CONNECTION HERETO, INCLUDING COMPLAINTS SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH DANISH LAW, WITH THE EXCEPTION OF THE DANISH RULES ON INTERNATIONAL APPLICABLE LAW, THUS THE APPLICABLE MATERIAL LAW ALWAYS BEING DANISH LAW, AND THE PARTIES HEREBY SUBMIT TO THE JURISDICTION OF THE DANISH COURTS FOR ANY SUCH DISPUTES. ANY LEGAL ACTION IS TO BE FILED AT THE CURRENT LEGAL VENUE OF NO ZEBRA APS.
13 INFORMATION ABOUT NO ZEBRA APS
No Zebra ApS
Registration no. 10 04 29 17
Aaboulevarden 3 2nd floor
8000 Aarhus C
Denmark
E-mail: sales@scandynashop.com