GENERAL TERMS AND CONDITIONS (GTC)

TERMS AND CONDITIONS OF SALE AND DELIVERY 

StyleStore.com A/S cvr DK 40421734’s terms and conditions of sale and delivery, hereinafter referred to as SS, apply to all orders and take precedence over any such or similar terms and conditions of a customer, unless these terms and conditions are expressly deviated from in writing. The terms and conditions of sale and delivery may be amended from time to time and without notice.

ORDER CONFIRMATION

The order placed is binding. A final contract for the sale and delivery of goods is concluded with the written order confirmation from SS.

The customer cannot cancel confirmed orders. In exceptional cases, SS may accept a cancellation against a cancellation fee of 50% of the order value.

If unforeseen difficulties arise that require a change to the order, e.g. reduction of the order quantity etc., SS is entitled to make such reasonable changes. These changes do not entitle the customer to cancel the order.

Should unsatisfactory credit information about the customer be obtained after the order has been accepted, SS shall be entitled to cancel the confirmed order to the exclusion of any liability or to demand the provision of a full bank guarantee.

TERMS OF DELIVERY 

Delivery of the goods shall be made in accordance with ICC Incoterms 2010 FRC, unless otherwise expressly agreed in exceptional cases and stated in the order confirmation. SS may, depending on the circumstances, assist in organising the shipment of the ordered goods if this has been agreed in writing and accepted by SS on a case-by-case basis and always for the account of the Customer.

DELIVERY PERIOD AND DELAY 

The delivery period is stated in the order confirmation. SS is authorised to postpone the delivery time by fourteen (14) days and will immediately inform the customer in writing of such a postponement. In the event of force majeure, see however the provisions below, delivery may be postponed until the impediment ceases to exist and normal trade and transport becomes possible.

RETENTION OF TITLE 

SS retains ownership of the delivered goods until full payment has been made by the customer. All costs incurred in connection with the assertion of the retention of title shall be borne by the customer.

PRICES 

All SS prices are quoted in DKK/EURO/USD and are exclusive of VAT. Prices are subject to changes in customs duties, other levies and exchange rates and may be increased and/or the currency changed up to the time of delivery. SS will inform the customer of any price changes. The customer is free to determine his resale prices.

PAYMENT 

Unless otherwise agreed in writing, payment by the Customer to SS shall be made against invoice and shall be due in accordance with the payment terms stated on the invoice.

In the event of non-payment, interest of 2% per month will be charged after the due date. SS may postpone the delivery of orders or cancel orders by written notice without being held liable if the customer is in arrears with the payment of previous deliveries. SS reserves the right to cancel the order if payment is not made by the due date. Any financial loss incurred by SS as a result shall be fully compensated by the customer.

COMPLAINTS FOR NON-CONFORMITY AND REMEDIES 

Any claim for non-conformity must be made in writing and must be received by SS no later than eight (8) days after delivery. In the case of non-visible damage, the complaint must also be submitted no later than eight (8) days after the date on which the defect or shortcoming could have been detected by careful inspection, but no later than one (1) month after the date of delivery. If any part of the order is not delivered or is delivered late, or if any part of the order is defective or deficient, the order may be cancelled for that part of the order only. Any complaint must be specific, documented and contain a precise statement of the content of the complaint. Returns will not be considered without the prior written consent of SS. In the event of non-conformity, SS shall not be liable for direct or indirect business interruption damages, loss of profit or other consequential damages. In any event, the maximum liability shall be the reimbursement by SS to the Customer of the payment made for the delayed or defective part of the order.

EXEMPTION FROM LIABILITY (INCLUDING FORCE MAJEURE) 

The parties shall not be liable if the following non-exhaustive circumstances of force majeure occur and prevent or postpone the fulfilment of the contract: War and mobilisation, riots and civil commotion, acts of terrorism, natural disasters, strikes and lockouts, shortage of goods, errors, defects or delays in delivery by subcontractors or if subcontractors are otherwise affected by the circumstances at hand, fire, lack of means of transport, exchange control regulations, import and export restrictions, death, illness or absence of key personnel, computer viruses, epidemics, pandemics or other circumstances beyond the direct control of the parties. In such a case, the party shall be entitled to postpone fulfilment of the obligation until the obstacle has ceased to exist or, alternatively, to terminate the contract in whole or in part without incurring any liability.

PRODUCT LIABILITY AND LIMITATION OF LIABILITY 

SS shall be liable for injury and damage caused by SS’s products after the products have been placed on the market to the extent required by law. Notwithstanding the foregoing, SS shall not be liable for direct or indirect business interruption damages, lost profits or other consequential damages of any kind.

DATA PROTECTION 

Personal data may be processed for the purpose of fulfilling the customer’s order. Accordingly, personal data may be transferred to other independent data processors such as carriers, etc. for the purpose of fulfilling the customer’s order. Any processing of personal data is subject to all necessary security procedures and will be deleted when its storage is no longer necessary. https://stylestore.com/privacy/

JURISDICTION AND APPLICABLE LAW 

This agreement shall be governed by and construed in accordance with Danish law, to the exclusion of Danish choice of law rules to the extent that these would result in the application of a law other than Danish law.

The Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

(a) If the Customer is not domiciled in Norway or in a Member State of the EU Any dispute arising out of or in connection with this Agreement, including any dispute concerning the existence, validity or termination of the Agreement, shall be settled by arbitration administered by the Danish Arbitration Institute in accordance with the Rules of Arbitration issued by the Danish Arbitration Institute and in force at the time of the commencement of the proceedings. The arbitral tribunal shall have its seat in the principal place of business/jurisdiction of SS and the language to be used in the proceedings shall be Danish.

(b) If the customer is domiciled in Norway or in a member state of the EU

Any dispute, controversy or claim arising out of or in connection with this Agreement or the breach, termination or invalidity thereof, which cannot be settled amicably between the parties, shall be brought before a Danish district court located at SS’s head office. Even if SS has instituted legal proceedings against the customer, SS may at any time decide to settle a dispute by arbitration ordered by the Danish Institute of Arbitration in accordance with the Rules of Arbitration issued by the Danish Institute of Arbitration and in force at the time such proceedings are instituted. The arbitral tribunal shall have its seat/venue in SS and the language to be used in the proceedings shall be Danish. The proceedings and the award shall be confidential without time limit. It is agreed that no appeal on any other point of law may be made to any court.

Notwithstanding the foregoing and in the event that collection by SS is required, SS may, at its sole discretion, decide to collect the debt at the Customer’s location in accordance with the applicable law of the country in question.

DRAWINGS AND DESCRIPTIONS 

All information given in catalogues, brochures, circulars, advertisements, illustrations and price lists regarding dimensions, capacity, prices, technical and other data are only approximate and only binding if they are expressly referred to in the contract.

All drawings sent are descriptions which remain the property of SS and may not be copied, reproduced, passed on or otherwise made known to third parties without the prior written authorisation of SS.

INTELLECTUAL PROPERTY RIGHTS 

All intellectual property rights, including copyright, trade marks and designs, are the sole and exclusive property of SS.