TERMS OF SALE AND DELIVERY FOR UNITEDCYCLING.COM (ENG)
dated April 2019
- Company details (see paragraph 1.2)
- Terms of payment, delivery and performance (see paragraphs 3, 4 and 5)
- Right of cancellation (see paragraph 6)
- Right to complain (see paragraph 10)
1. GENERAL TERMS
1.1 All products purchased online at the webshop www.unitedcycling.com are subject to and conditional upon compliance with these terms of sale and delivery. Any derogation from these terms must be agreed in writing between the parties.
1.2 The webshop is owned and operated by:
United Cycling ApS
Central Business register (CVR) no.: 38 67 74 70
Tel.: +45 3163 8361 E-mail: firstname.lastname@example.org
1.3 Any purchase made on the webshop will be regarded as a transaction between you as buyer (“Buyer”) and United Cycling as seller.
2. PLACING OF ORDERS, ORDER CONFIRMATION AND PURCHASE AGREEMENT
2.1 Upon receipt of an order from the Buyer, United Cycling will send an order confirmation to the Buyer’s e-mail address, specifying i.a. number, price, expected date of delivery, point of delivery and terms of payment, if the order is accepted by United Cycling. If the Buyer disagrees with the specifications in the order confirmation, then the Buyer must contact United Cycling immediately upon receipt of the order confirmation. However, the amount will not be drawn until the Buyer has picked up the products at the earliest (unless otherwise agreed, e.g. pre-payment).
2.2 If United Cycling does not send an order confirmation but instead informs the Buyer that the order cannot be ac-cepted, then the original paid amount (if the Buyer has made a pre-payment) will be paid back to the Buyer as soon as possible, using the same means of payment as used by the Buyer at the original transaction.
2.3 No purchase agreement has been entered into between United Cycling and the Buyer, until United Cycling has forwarded an order confirmation.
3. PRICES, PAYMENT AND FREIGHT
3.1 United Cycling sells the products at the prices stated in its webshop in Danish kroner, which are inclusive of Danish VAT. The current price is the price stated on the website at the time when the order is placed, subject to any misprints.
3.2 Before the Buyer places the order, the Buyer will receive information on the total price inclusive of VAT, taxes, other payment terms (e.g. pre-payment) and any freight charges (depending on the method and place of deliv-ery).
3.3 Payment may take place using the payment methods that are specified in the webshop.
3.4 NOTE: If the Buyer cancels the transaction, then the costs of returning the products are paid by the Buyer.
4.1 Certain of United Cycling's products will be assembled to the Buyer accordance to the Buyer's stated specifications. Applicable to the ordering of those products is that United Cycling requires pre-payment at the Buyer's placement of order. When this requirement is a condition for ordering a product, it will be clearly stated prior to the Buyer's ordering for the Buyer to explicitly be informed and to accept the condition.
5. DELIVERY AND PASSING OF THE RISK
5.1 Delivery will take place on the dates specified by United Cycling in the order confirmation, usually within 1-2 weeks.
5.2 United Cycling bears the risk of accidental loss of the products, until they have been delivered to the Buyer. Delivery is deemed to take place when United Cycling (or its representative) hands out the product to the Buyer at United Cycling’s business address or at any other address as agreed between United Cycling and the Buyer.
6. RIGHT OF CANCELLATION
6.1 The Buyer may cancel the purchase agreement within 14 days without stating any reason if the Buyer is a consumer within the meaning of section 2 of the Danish Consumer Contracts Act.
6.2 The right of cancellation must be exercised within 14 days of the date when the Buyer or any third party representing the Buyer (other than the carrier):
- gets actual possession of the products;
- gets actual possession of the last product (if more than one product has been ordered in same order, and the products are delivered individually); or
- gets actual possession of the last lot or the last part (if one product consisting of several lots or parts has been ordered).
6.3 In order to exercise the right of cancellation, the Buyer must give United Cycling express notice to such effect (e.g. by letter, telefax or e-mail). For this purpose, the Buyer may use the form of cancellation (see below) but is not required to do so. The notice should preferably be given by e-mail to email@example.com and be accom-panied by a copy of the order confirmation.
6.4 The deadline for cancellation will be met if the Buyer gives notice of exercise of the right of cancellation before expiry of the deadline for cancellation.
6.5 If the Buyer cancels the transaction, United Cycling will refund all amounts received, including all costs of delivery (but not any additional costs incurred as a result of the Buyer’s choice of another delivery method which is more expensive than the standard method offered by United Cycling), without undue delay and no later than 14 days after the date when United Cycling received the notice of cancellation. United Cycling will refund the amount using the same means of payment as used by the Buyer, unless otherwise expressly accepted by the Buyer. No charges will be imposed on the Buyer as a result of the refund.
6.6 United Cycling may withhold the refund, until the products have been returned to United Cycling, or until the Buyer has proved that the products have been returned, whichever occurs first.
6.7 The Buyer must return or hand back the products to United Cycling without undue delay and no later than 14 days after the date of the Buyer’s notice of cancellation. The deadline for cancellation will be met if the Buyer returns the products within 14 days.
6.8 All direct expenses of returning the products are payable by the Buyer. The expenses are expected to be approx. DKK 1,000 at a maximum.
6.9 The Buyer is liable for any impairment of the products caused by handling which is not necessary to determine the type, properties and functionality of the products.
7. COMPLAINTS AND DEFECTS
7.1 The Buyer has a right to complain of defective products in accordance with the Danish Sale of Goods Act.
7.2 If the Buyer is a consumer and wants to rely on a defect, the Buyer must give notice of such defect (complain) to United Cycling. However, the Buyer cannot rely on a defect if United Cycling:
- has not received notice of the defect within reasonable time after it ought to have been established by the Buyer, or
- has not received notice of the defect within two years after the product was delivered to the Buyer.
7.3 If the Buyer wants to exercise its right to complain, the Buyer must contact United Cycling before returning the product. United Cycling will then give the Buyer instructions on the procedure to be followed.
7.4 If United Cycling finds the complaint justified, United Cycling will refund the Buyer’s reasonable costs of returning the product.
7.5 If the product is defective, United Cycling will remedy the defect. If United Cycling finds that remedy is inappropriate, then United Cycling may deliver a substitute product of the same quality or a new product, offer a reasonable pro rata reduction of the purchase price, or repay the entire purchase price.
7.6 Some of the products sold by United Cycling may be covered by an additional manufacturer’s guarantee. Such manufacturer’s guarantees are offered to the Buyer by the supplier, and the terms of the guarantee (or a reference to the terms) will be provided to the Buyer together with the products. In order to make a claim under the manufacturer’s guarantee, the customer must contact the manufacturer as described in the terms of the guarantee. Such manufacturer’s guarantees are of no concern to United Cycling. However, the manufacturer’s guarantee, if any, is without prejudice to the Buyer’s rights in relation to United Cycling under the Danish Sale of Goods Act.
8. LIMITATION OF LIABILITY
8.1 UNITED CYCLING IS NOT LIABLE FOR ANY OPERATING LOSS, LOSS OF PROFIT OR OTHER INDIRECT LOSS. UNITED CYCLING’S LIABILITY IS IN ANY CIRCUMSTANCES LIMITED TO THE INVOICE PRICE OF THE PRODUCT. IN ADDITION TO THAT, UNITED CYCLING IS LIABLE IN DAMAGES UNDER THE GENERAL RULES OF DANISH LAW SUBJECT TO THE LIMITATIONS SET OUT IN THESE TERMS OF SALE AND DELIVERY.
8.2 THE LIMITATION OF LIABILITY IN PARAGRAPH 8.1 ALSO APPLIES TO UNITED CYCLING’S LIABILITY FOR DAMAGE TO PROPERTY CAUSED BY DEFECTIVE PRODUCTS FOR COMMERCIAL USE.
9. PRODUCT LIABILITY
9.1 The Buyer must, without undue delay, give United Cycling written notice of any actual or potential damage which is caused by a defective product.
10. CONSUMER COMPLAINTS
10.1 If the Buyer establishes any defects in the products, the Buyer must promptly contact United Cycling.
10.2 If the Buyer and United Cycling cannot reach agreement on a solution, the Buyer may refer the dispute to the Danish Complaint Resolution Centre, using the website www.forbrug.dk if the Buyer is a consumer and if the purchase price is between DKK 1,000 and DKK 100,000.
10.3 If the Buyer is a consumer resident in an EU member state other than Denmark, the Buyer may also file a complaint at the European Commission’s online dispute resolution platform, using this link: http://ec.europa.eu/odr.
11. RESERVATION AS TO MISPRINTS ETC.
11.1 United Cycling makes a reservation as to misprints, suppliers’ price increases, incorrect prices, changes in VAT and taxes, products sold out or no longer available, supply failure by United Cycling’s suppliers and force majeure. Information given in the webshop is no guarantee of the applicability or fitness for purpose of the products, unless expressly stated.
11.2 United Cycling may change all the information in the webshop without notice, including all prices, sales and specifications.
12. DATA PROTECTION
13. CHOICE OF LAW AND JURISDICTION
13.1 Any dispute or disagreement arising directly or indirectly out of these terms of sale and delivery, including in relation to their interpretation, is to be settled by the Danish courts with the Copenhagen City Court as the court of first instance, unless otherwise provided in the Danish Act on Consumer Complaints.
13.2 These terms of sale and delivery, including their interpretation and implications, are subject to Danish substantive law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) will not apply.
14. FORM OF CANCELLATION
14.1 The following form may be used if the Buyer wants to exercise its right of cancellation. - To: United Cycling ApS, CVR no. 38 67 74 70, Vassingerødvej 147, DK-3540 Lynge, e-mail: firstname.lastname@example.org.
- This is to inform you that I/we(*) wish to exercise my/our right to cancel the agreement for purchase of the following goods (*)/delivery of the following services (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if paper version)