Livingly
 


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TERMS OF SALES & DELIVERY - 2012

1. Payment
Payment can be made by wire transaction to our bank accounts as stipulated in our pro-forma invoices and invoices. Payment with credit cards is not possible.
Please enter invoice numbers and credit note numbers in "Message for receiver" when making payments to our accounts.
Projects in connection with custom-made products are subject to 50% pre-payment before production start. The final payment must be made before delivery.


2. Delivery and dispatch
2.1 Delivery and dispatch – standard goods
Orders will, as far as possible, be executed so that the goods can be dispatched within a week of receipt of order.

It should be noted, however, that the times of execution mentioned are approximate only, and that considerably longer times of execution may occur in connection with goods temporarily out of stock, participation in trade shows and fairs, introduction of new collections and in connection with seasonal sales.
Delivery and dispatch of larger consignments is subject to separate negotiation.
Delivery and dispatch of goods from our standard assortment (excluding custom-made goods) no later than 30 days after receipt of pre-payment is considered delivery on time. After this time the buyer can choose to cancel the delivery in question, provided that the buyer immediately notifies Livingly ApS hereof in writing, which must have reached Livingly ApS before the dispatch of the goods. Apart from cancellation the buyer shall have no other remedies for breach of contract in relation to delay in delivery, and he can thus not claim damages for consequential loss, loss of profit, loss of time or any other direct or indirect loss. In case the buyer affirms the delivery in spite of the delay, Livingly ApS is exempt from liability, and the buyer cannot raise any claims against Livingly ApS on grounds of the delay.

Livingly ApS chooses the means of dispatch to be used.

If a particular means of dispatch, e.g. courier or express delivery, is requested, Livingly ApS must be informed hereof on placement of order, as all freight costs are to be paid by the customer.

2.2 Delivery and dispatch – custom-made goods
Dispatch of custom-made goods is subject to timeframe set by Livingly ApS.
It should be noted that times of execution set by Livingly ApS are approximate only, and that considerably longer time of execution may occur as a result of product development, creation of production tools, custom-made printing, specific packing, involvement of sub-suppliers and delays caused by buyer.
If dispatch cannot be fulfilled in accordance to the timeframe Livingly ApS must notify buyer as soon as possible. Livingly ApS is not liable for any delay that has been notified to buyer prior to agreed date of dispatch.
Livingly ApS is not liable for delays in dispatch caused by delays from buyer in connection with preparations of design, printing files, print-proofs, etc. Buyer shall have no remedies for breach of contract in relation to delay in delivery and he can thus not claim damages for consequential loss, loss of profit, loss of time or any other direct or indirect loss. However, Livingly ApS shall seek to fulfill the agreed timeframe and terms.
Livingly ApS chooses the means of dispatch to be used.

If a particular means of dispatch, e.g. courier or express delivery, is requested, Livingly ApS must be informed hereof on placement of order, as all freight costs are to be paid by the customer.
Once the pre-payment has been made buyer cannot cancel the order.

3. Prices
Livingly ApS issues every half year an updated price list with valid prices and sales conditions. These conditions apply to our standard products in our assortment at any time to any customer or customer group mentioned in the price lists. The price lists include information about delivery and payment terms.
On sales to firms with a Danish CVR registration number, the invoice amount will be stated with and without VAT in accordance with current legislation.

On sales to firms with registered office in EU countries other than Denmark, which are registered for VAT, VAT will not be charged on the invoice amount.

On sales to firms with registered office in EU countries other than Denmark, which are not registered for VAT, Danish VAT (25%) will be charged on the invoice amount.

On sales to firms registered outside EU, Danish VAT will not be charged on the invoice amount.

4. Receipt of goods and complaints
Immediately on receipt, the goods must be inspected carefully for any flaws and defects, and checked against the order placed.

In case the goods are damaged or not consistent with the order placed, a written complaint must be sent to Livingly ApS immediately, by letter or e-mail.

Complaints must be made no later than three working days after receipt of the goods. Any complaints made after this time will be dismissed.

5. Returning goods
Faulty or non-contractual goods may be returned.

The freight costs of returning the goods will be refunded unless the goods are returned COD or as Valuable Mail.

6. Product liability
In case any product supplied by Livingly ApS causes damage or injury to persons or things, Livingly ApS shall only be liable if it can be proved that the damage was caused by any defects or negligence on the part of Livingly ApS. 

In case Livingly ApS is made liable for a product towards a third party, the buyer shall be obliged to indemnify Livingly ApS to the same extent as stipulated in sub-clause 1 above.

7. Limitation of liability
Livingly ApS accepts no liability for any consequential loss, loss of profit, loss of time or any other direct and indirect loss that the customer may suffer as a result of goods supplied by Livingly ApS being defective or not delivered on time.

Livingly ApS shall also be exempt from liability for force majeure in every respect and may delay or cancel an order. Force majeure means, among other things but not exclusively, any circumstance and condition beyond the control of Livingly ApS such as war or war-like situations, uprisings and other disturbances, public restrictions of any sort, natural disasters and weather conditions, shortages of goods, including delayed or defective deliveries from Livingly ApS's sub-suppliers, strikes and illness.

8. Choice of jurisdiction and applicable law
Any dispute between the parties, including the interpretation of Livingly ApS's general terms of sale and delivery, shall be settled under Danish rules of law, using the Danish language as court language and the Maritime and Commercial Court in Copenhagen as venue. 


Livingly ApS
Middelfartvej 234
5464 Brenderup
Denmark
CVR: 31497426
Tel: +4563400034
info@livingly.dk  


 

 

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Livingly ApS · Middelfartvej 234 · DK-5464 Brenderup · Denmark · Tel.: +45 63 40 00 34 · info@livingly.dk · www.livingly.dk

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