Sales and delivery conditions

These sales and delivery conditions apply to all orders made via www.Cosina.dk (hereinafter referred to as the Website) or orders placed in another way and thus regulate the relationship between Cosina APS (hereinafter referred to as Cosina) as Cosina and the person who makes the order in question (hereinafter referred to as Buyer).

In the event of inconsistencies between the sales and delivery conditions mentioned below and the Buyer's separate conditions, these sales and delivery conditions shall take precedence, unless the deviating conditions have been accepted in writing by both parties.

All sales are made exclusively to businessses!

 

1.0. BASIS OF AGREEMENT

1.1. The buyer's final order is to be regarded as an offer to purchase the products in question. An agreement is only binding for Cosina when the Buyer has received a written order confirmation.

1.2. The buyer is obliged to review the order confirmation immediately after receiving it and immediately contact Cosina if the order confirmation does not agree with what was otherwise agreed between the parties. Otherwise, the order confirmation is considered binding with the submitted content.

 

2.0. CONCLUSION OF AGREEMENT

2.1. All agreements can be concluded in either Danish, German or English.

2.2. The buyer can always get a copy of his/her order confirmation by sending Cosina a query about this, cf. point 14.

 

3.0. PRICES

3.1. The price applicable to the product is the one stated in the order confirmation. Prices indicated on the Website are indicative prices only. Costs for shipping/delivery of the item are not included in the price and are borne by the Buyer, unless otherwise agreed.

3.2. The prices stated on the Website and the order confirmation are excl. value added tax and any state tax and is subject to changes in public taxes, materials and labor costs, exchange rate conditions and other trade conditions.

3.3. If Cosina's costs are increased as a result of the Buyer's circumstances, Cosina is entitled to claim compensation for this.

 

4.0. PAYMENT

4.1. In the event of late payment, 2% late payment interest is charged per month begun with the addition of compound interest. In addition, a reminder fee of DKK 100 per reminders that are sent.

4.2. Cosina reserves the right to stop all further deliveries in case of late payment.

4.3. The buyer is prohibited from offsetting or otherwise withholding any part of the purchase price on the basis of any counterclaims of any kind without Cosina's prior written consent.

4.4. Payment can be made with Dankort and Visa. The amount is only deducted from the cardholder's account when the item is dispatched.

 

5.0. RETENTION OF TITLE

5.1. Ownership of the item sold remains with Cosina until the total order is paid.

 

6.0. DELIVERY

6.1. Delivery is EXW (see Incoterms 2010), unless otherwise agreed.

6.2. Delivery is made to the address provided in writing by the Buyer.

6.3. Shipping is at the buyer's risk. The buyer takes out any transport insurance himself.

6.4. Delivery times are estimated at best estimate and are not binding on Cosina, unless a fixed delivery time is expressly agreed.

6.5. Claims for compensation, as a result of missing or delayed delivery caused by the carrier, cannot be raised against Cosina.

 

7.0. DELAY

7.1. If delivery does not take place no later than 1 week after the agreed delivery time, the Buyer is obliged to give Cosina a period of min. a further 14 days to deliver the goods, so that a delay is only considered to exist no earlier than 3 weeks after the agreed delivery time.

7.2. If Cosina has not delivered the goods within the deadline in point 7.1. and if the Buyer subsequently cancels the purchase in writing, Cosina is obliged to refund the amount paid by the Buyer immediately and within 30 days. If this happens, the Buyer is not entitled to exercise rights of default.

7.3. As far as the Buyer's powers of default are concerned, reference is made to Cosina's freedom from liability, cf. point 8, and limitation of liability, cf. point 12.

7.4. Other matters are regulated by the Purchase Act.

 

8.0. UNEXPECTED EVENTS (DISCLAIMER)

8.1. Cosina is not responsible for non-fulfillment and thus cannot be considered to have breached its obligations, if a non-fulfillment is due to circumstances beyond Cosina's or its suppliers' control (force majeure), including but not limited to weather and other natural disasters, acts of terrorism, war, government and authority actions, strike, transportation problems, lack of or insufficient supply from supplier, failure of or damage to production equipment. In that case, Cosina has the right to a reasonable extension of the delivery deadline, however, so that the Buyer is entitled to cancel the agreement if the situation in question lasts for more than 30 consecutive working days.

8.2. Cosina must notify the Buyer immediately and no later than 10 days after Cosina has become aware of the situation of force majeure, if Cosina wishes to invoke circumstances as mentioned in section 8.1.

 

9.0. RETURN RIGHT

9.1. If the right of return is agreed, section 9.3-9.4.

9.2. Returned goods must not have been used, damaged and the packaging must be as new.

9.3. Parts and components that do not meet these requirements are deducted from the credit note.

9.4. For all returned goods, a return fee of 25% of the invoiced price or product line is charged, unless otherwise agreed.

 

10.0. PRODUCT INFORMATION AND PRODUCT CHANGES

10.1. As a rule, user instructions always accompany the delivery and can also be requested by contacting Cosina's customer service, cf. point 14.

10.2. Product descriptions and technical documentation are considered indicative.

10.3. We reserve the right for printing errors. Any errors can thus not be asserted against Cosina.

10.4. The reproduction of the goods on the Buyer's computer depends on the Buyer's monitor, which is why Cosina reserves the right that the Buyer's monitor does not show the exact color that the goods have on delivery.

10.5. Likewise, Cosina reserves the right to make construction and/or design changes to the products in question until the agreed delivery time, provided that these parts are of the same quality as the original parts and that Cosina informs the Buyer in writing of such replacements. Cosina is entitled to make such minor changes to the order as, at Cosina's discretion, are technically necessary and/or justifiable.

 

11.0. MISSING

11.1. The buyer has a duty to carry out a thorough examination of the goods immediately upon delivery.

11.2. If the Buyer finds or should find that the goods are defective, the Buyer must notify Cosina in writing immediately and without undue delay. In this connection, it must be clearly stated what the deficiency consists of. Otherwise, a defect is considered not to exist, and the Buyer loses the right to assert the defects later.

11.3. The buyer can claim defects against Cosina no later than 1 year after delivery of an item.

11.4. A defect is not considered to exist if the Buyer has used the delivered incorrectly or inappropriately, including by disregarding the guidelines provided, or if the Buyer or a third party, without Cosina's written consent, has had changes made or had interventions made in the delivered.

11.5. If the Buyer can prove defects in the goods, Cosina is entitled, at its own discretion, to re-delivery or remedial action. If necessary, this must be done within a reasonable time. If Cosina makes a timely redelivery or remedy, the Buyer has no right to either cancel the agreement or demand compensation or other financial compensation as a result of the defect.

11.6. In connection with a possible redelivery or remedy, the Buyer must cooperate loyally so that such measures can be carried out.

11.7. Cosina bears reasonable costs for returning the delivered product as a result of a justified complaint.

11.8. When returning goods to Cosina, the Buyer bears the risk of transporting the goods in that connection.

11.9. In the event that Cosina is unable to ascertain errors for which Cosina is responsible for the delivered goods in accordance with the Buyer's complaint, Cosina is entitled to compensation for the work and costs incurred by Cosina as a result of the Buyer's erroneous complaint. Cosina is entitled to make one or more remedies/redelivery.

11.10. If redelivery or rectification does not take place in a timely manner, the Buyer can terminate the agreement and demand repayment of services paid in relation to the defective object, as the Buyer's rights of default are then limited to this.

 

12.0 WARRANTY

12.1. Cosina provides the Customer with a guarantee corresponding to that which Cosina has received from Cosina's sub-supplier/manufacturer. Reference is made to the warranty provisions of the individual sub-suppliers/manufacturers in force at all times. Regardless of the above, Cosina provides a 12-month warranty against manufacturing defects. No other guarantee is provided by Cosina, unless this has been expressly agreed in writing.

 

13.0. LIMITATION OF LIABILITY

13.1. Cosina's possibly liability is limited to cases where Cosina has shown gross negligence or intent and does not include indirect losses of any kind, including but not limited to operating and profit losses and losses as a result of the Buyer's legal relationship with third parties. Furthermore, a claim for compensation or other financial compensation cannot exceed the invoice amount, excluding VAT for the delivered item.

 

14.0. PRODUCT LIABILITY

14.1. Cosina is liable for personal injury in accordance with Act No. 261 of 3-20 2007 on product liability.

14.2. For property damage caused by a defect in a delivered product, Cosina is solely responsible to the extent that it is proven that the damaging defect is due to errors or negligence on the part of Cosina or others for whom Cosina is responsible.

14.3. In no case is Cosina responsible for loss of operation, loss of time, loss of profit or other financial consequential damages incurred by the Buyer or third parties as a result of defective products.

14.4. Claims for compensation or other financial compensation for property damage cannot exceed the invoice amount, excluding VAT for the delivered item.

14.5. To the extent that Cosina may be charged with product liability towards a third party, the Buyer is obliged to indemnify Cosina to the same extent that Cosina has previously limited its liability.

 

15.0. COPYRIGHT

15.1. Content on the Website, including images, texts, design etc. is protected by copyright law. Unauthorized use of this may result in prosecution.

15.2. Drawings, descriptions, models and the like, which are provided free of charge in connection with offers, remain Cosina's property or Cosina's supplier's property. Such material may not be misused or passed on to third parties.

 

16.0. CHANGES

16.1. Changes to the delivery can only be made after a written agreement between Cosina and the Buyer.

 

17.0. EXPORT CONTROL

17.1. The buyer is obliged to comply with the control rules that apply according to Danish or foreign legislation, if the delivery is exported or re-exported.

 

18.0. COMMUNICATION

18.1. Notifications in connection with this agreement can be sent by the Buyer per letter with binding effect to Cosina ApS, Hermodsvej 18E, 8230 Åbyhøj or by email to info@cosina.dk.

 

19.0. JURISDICTION AND CHOICE OF LAW

19.1. If legal disputes arise in accordance with this agreement, these must be settled according to Danish law with the court in Århus as the place of jurisdiction.

 

20.0. AMENDED LEGISLATION ETC.

20.1. If one or more of the provisions in this agreement are declared invalid or otherwise cannot be maintained as a result of changes in legislation or notified authority requirements, the Parties agree that the agreement in its entirety shall not be considered invalid or terminated.

 

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If you have any questions about our sales and delivery conditions, you can contact us at info@cosina.dk.