1.1 These terms and conditions shall apply to all deliveries made by Rosendahl Conceptkiosk A/S (hereinafter referred to as Rosendahl) to the exclusion of any other terms that the buyer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing unless otherwise expressly agreed in writing by Rosendahl.
2.1 Quotations are only valid in writing and shall only be valid for 60 days unless otherwise agreed in writing.
2.2 An order shall only be binding for Rosendahl when the buyer has received an order confirmation or taken delivery.
2.3 The price shall be the applicable list prices at the time of Rosendahl’s confirmation of the order. Rosendahl reserves the right to change its list prices giving 30 days’ notice.
3.1 The risk in the goods shall pass to the buyer on delivery. Any agreed delivery terms shall be construed by the Incoterms 2010. If no such delivery term is specifically agreed upon delivery shall be Ex Works Grindsted, Denmark.
3.2 If transport is to be arranged by Rosendahl, Rosendahl will take out normal insurance for the goods in transit. If the buyer is to arrange transport, the buyer shall take out its insurance.
3.3 Rosendahl shall not be liable for late delivery unless Rosendahl’s negligence causes such late delivery.
4.1 The buyer must inspect the goods on delivery. Written notification of visible defects shall be given immediately and not later than eight days after delivery. Any such complaint shall be submitted before the delivered goods are installed, resold, or built-in.
5.1 The buyer does not have a right to return the goods.
6.1 If the buyer documents within one year from delivery that the construction, material or the manufacturer of the goods delivered are defective, Rosendahl may at its discretion decide to:
a. replace the defective goods at no cost to the buyer by delivery of a new corresponding product to the buyer per the terms of delivery set out in these terms and conditions or by special terms agreed for the delivery in question; or
b. make good by repairing the delivered goods in order for it to comply with the agreed contractual terms, must be returned to base for repairs; or
c. credit the buyer the price for the defective goods upon the buyer’s return of the defective goods at the buyer’s expense and risk; or
d. offer a reduction in the purchase price.
6.2 As regards parts that have been replaced or repaired according to the provisions of this clause, Rosendahl assumes the same obligations that apply to the original parts for one year as from the date of repair.
6.3 The buyer is not entitled to other remedies than the remedies listed above. In particular, the buyer is not entitled to cancel the agreement, neither in whole nor in part, or to claim damages, unless the defects are of such nature that can be regarded as constituting intent or gross negligence on the part of Rosendahl.
7.1 Rosendahl shall only be liable for such damage caused by the goods delivered if it can be proved that such damage is caused by Rosendahl’s errors or omissions.
7.2 However, Rosendahl shall not be held liable for damage to real or personal property caused by defects in the goods delivered unless it can be proven that such damage was caused by Rosendahl’s gross negligence or willful misconduct.
7.3 Rosendahl cannot be held liable for operating losses, loss of time, loss of profits, loss of earnings, or other indirect losses.
7.4 If a third party files a claim for damages against the buyer according to product liability provisions, the buyer shall immediately inform Rosendahl thereof. If a third party files a claim in this respect against Rosendahl, the buyer shall indemnify Rosendahl for any such claim, unless such claim is founded on Rosendahl’s intent or gross negligence.
8.1 The goods shall be invoiced at the agreed time of delivery. In the event of overdue payments, interest accrues at a rate of 3% per month.
8.2 Rosendahl retains title to the goods sold until the purchase sum has been paid in full. This provision shall apply regardless of whether the purchase is effected with a view to resale or to use the goods in other products.
9.1 Any dispute arising out of or in connection with sales made by Rosendahl shall be settled per Danish law.
9.2 The court of Kolding, Denmark shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms between Rosendahl and the buyer.
10.1 Rosendahl does not take part in the installation, only the delivery of the goods.
10.2 Should it be agreed specifically against a fee to be agreed that Rosendahl is to supply a supervisor for the buyer’s installation of the goods, Rosendahl shall not have any liability for the installation.
10.3 The limitation of liability in clause 7 above shall apply.
Rosendahl Conceptkiosk policy of GDPR and protection of personal information. This protection policy of personal information is valid when signing up for newsletters, contact forms, and buying of our services and products.
Rosendahl Conceptkiosk only collects name, address, e-mail, and phone number. We collect these pieces of information to be able to reply to a contact form or purchase. Personal information will only be used for direct contact, and never for newsletters or advertising unless acceptance/compliance is given to us.
To the extent Rosendahl Conceptkiosk uses a supplier that has access to personal information, for example, to host and maintain the website, Rosendahl Conceptkiosk has signed a data processing agreement with the supplier, that ensures the personal information is being processed according to the laws of GDPR.
Rosendahl Conceptkiosk has passed on internal rules to the employees of information security that protect personal information from loss, being changed, against unauthorized disclosure and against unauthorized users getting access to the information. All the information is stored on servers with limited access, installed in secure facilities.
Personal information is deleted or anonymized continuously as the purpose they were collected for is finished.
