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Terms and conditions of sale and delivery for Plusfortyfive ApS
1. Application and validity
1.1 These terms and conditions of sale and delivery (“Terms”) apply to all agreements regarding the sale and delivery of goods and services from Plusfortyfive ApS (“Seller”) to business customers (“Buyer”).
1.2 The Terms constitute an integral part of any agreement between Seller and Buyer and may only be deviated from by written agreement.
1.3 Buyer’s own purchasing terms do not apply unless they have been expressly accepted in writing by the Seller.
2. Offers and acceptance
2.1 All offers from the Seller are non-binding unless expressly stated otherwise.
2.2 Agreements are only considered concluded when the Seller has sent a written order confirmation.
2.3 Prices and conditions in offers are valid for 7 days from the offer date unless otherwise stated.
3. Prices, invoicing, and payment
3.1 All prices are exclusive of VAT, duties, and delivery costs.
3.2 Invoicing takes place upon delivery unless otherwise agreed.
3.3 Payment must be made within the agreed payment term, typically 8 days net.
3.4 In case of late payment, an interest charge of 2% per commenced month will be applied, along with reminder fees in accordance with applicable legislation.
3.5 The Buyer is not entitled to withhold payments or make set-offs without a written agreement.
3.6 If payment is not made, the Seller reserves the right to suspend further deliveries or terminate the contract.
3.7 The Seller may charge an additional fee for non-payment beyond the interest charge if stipulated in the agreement.
4. Delivery and transfer of risk
4.1 Delivery takes place according to the agreed delivery terms (Incoterms 2020).
4.2 The risk of the goods passes to the Buyer upon dispatch.
4.3 Delays do not entitle the Buyer to cancel the order.
4.4 If the delay is due to the Buyer’s circumstances, including failure to collect or incorrect delivery information, the Seller reserves the right to charge a storage fee or cancel the order without liability.
4.5 The Buyer is obliged to accept delivery within the agreed timeframe.
5. Complaints, returns, and warranty
5.1 The Buyer must inspect the delivered goods immediately upon receipt.
5.2 Any defects or deficiencies must be reported in writing to the Seller within 8 days of receipt.
5.3 Returns can only take place after written agreement with the Seller and in the original packaging.
5.4 The Seller provides a 12-month warranty for manufacturing defects but is not liable for wear and tear, misuse, or improper application of the product.
5.5 The Seller does not guarantee that the product is suitable for specific purposes unless this has been explicitly agreed in writing.
6. Product liability and limitation of liability
6.1 The Seller is only liable for product liability to the extent required by mandatory law.
6.2 The Seller is not liable for indirect losses, including operational losses, lost profits, or consequential damages.
6.3 The Seller’s total liability can never exceed the value of the delivered goods.
7. Force majeure
7.1 The Seller is not liable for delays or failure to deliver due to force majeure, including natural disasters, strikes, pandemics, supply chain disruptions, or other unforeseen events beyond the Seller’s control.
7.2 In the event of force majeure, the Seller may choose to cancel the agreement or postpone delivery without liability.
8. Dispute resolution and jurisdiction
8.1 Any dispute between the parties shall be resolved under Danish law.
8.2 The venue for disputes is the Court of Horsens.
8.3 The parties must attempt to resolve any disputes through negotiation and, if necessary, mediation before taking the matter to court.
9. Data protection
9.1 The Seller processes personal data in accordance with applicable data protection legislation.
9.2 The Buyer’s personal data is stored and used solely for order processing and communication in accordance with the Seller’s privacy policy.