Terms of service

PromoX ApS - Terms and Conditions

Legal name: PromoX ApS
CVR: 44078805

Address: Axel Gruhns Vej 10M, 8270 Højbjerg, Denmark

General Rules

Here is a simplified version of the aforementioned terms and conditions - the same terms are outlined below. We act according to these terms and conditions, unless we agree otherwise in writing. If you have other terms, they only apply if we accept them first.

Orders

  • An order is only official when we accept it.
  • If you want to change or cancel your order, we must approve it in writing.
  • If you cancel or change, you must pay the costs and losses we have – at least 10% of the purchase price excluding VAT.
  • We can change the material in a product if it still meets the standard.
  • For special items, we can deliver +/- 10% of the ordered quantity.
  • For products based on graphics or text, order a prototype for accuracy.
  • We cannot guarantee that all printed QR codes will work unless you test a prototype.
  • Online Designe orders cannot be changed once confirmed.

Pricing

  • All prices are excluding VAT, taxes, shipping, etc.

Payment

  • You must pay in advance, unless we agree otherwise.
  • We charge interest for late payment.
  • You cannot withhold payments for other order problems.
  • Payment methods: Bank transfer, Dankort, Visa, Paypal and Mastercard.

Retention of title

  • The goods are ours until you have paid.

Delivery

  • Delivery is usually 1 day. Exceptions may occur.
  • We can extend the delivery time up to 10 days and will of course inform you if this happens.
  • 14-day return policy (not for special items).
  • Standard delivery location: our address.
  • Products are made exactly as ordered.
  • Incorrect delivery address may result in additional costs.

Design & Descriptions

  • All design material we provide to you remains ours.
  • You may not copy or share our material without permission.
  • Please inspect the design upon receipt
  • Check the goods for defects as soon as you receive them.

Complaint

  • Tell us in writing about the defect as soon as possible, with details of the defect.
  • If you do not complain in time, you lose the right to complain.
  • In case of complaint: do not return the goods without our permission.

Liability

  • We replace or repair defective goods.
  • We are not responsible for errors due to your materials or specifications.
  • We do not guarantee that our products do not violate third-party rights.
  • We are not responsible for indirect losses or lost profits.

Disputes

  • Any dispute will be resolved by the court in Aarhus, Denmark.

 

Terms of Trade in Detail

1. APPLICATION AND VALIDITY 

1.1 All deliveries are made in accordance with the following terms and conditions of sale and delivery, unless these have been deviated from by express written agreement. 

1.2 The Buyer's specification of special terms in tender materials, orders, etc. is not considered a deviation from the terms and conditions below, unless PromoX has accepted these in writing.

2. OFFER/ORDERS

2.1 The agreement between the buyer and PromoX is only considered to have been concluded upon PromoX's acceptance of the order.

2.2 Cancellation or modification of an order can only be done with PromoX's written approval.

2.3 The buyer must compensate PromoX for costs and losses in the event of cancellation or modification, however, at least an amount corresponding to 10% of the agreed purchase price excluding VAT.

2.4 PromoX is entitled at any time to change the choice of materials for the offered product, provided that the product continues to meet the usual standard and special specifications specified by the buyer.

2.5 PromoX is entitled to deliver the agreed quantity +/¸ 10% when manufacturing products other than catalog and standard products.

2.6 When a product is manufactured using of graphic files or a text description, the only way a buyer can ensure that the product will be produced according to the exact specifications is to order a prototype copy.

2.7 PromoX does not guarantee that printed barcodes such as QR codes can be scanned by all scanning systems unless a prototype copy is ordered and tested before production.

2.8 Orders placed using Online Designe go directly into production. Changes, comments and eMails cannot be implemented once the order has been confirmed.

3. PRICES

3.1  PromoX' prices are exclusive of the VAT, other taxes, duties, fees, freight, handling fees or the like that are applicable at any time.

4. PAYMENT

4.1 The payment terms are advance payment unless otherwise stipulated by express written agreement.

4.2  If the buyer does not pay the purchase price on time, PromoX may calculate default interest from the due date in accordance with the Danish Interest Act.

4.3 The buyer is not entitled to withhold any part of the purchase price as security for the fulfillment of any counterclaims regarding other deliveries, and such withholding will be considered a material breach of the agreement.

4.4 Payment can be made by bank transfer, Dankort, Visa, PayPal and Mastercard.

5. RETENTION OF PROPERTY

5.1 PromoX reserves the right of ownership to any delivery until payment has been made.

6. DELIVERY

6.1  The delivery time is normally 1 day, otherwise stated approximately and is non-binding, unless otherwise separately agreed and confirmed in writing by PromoX.

6.2 PromoX is entitled to extend the agreed delivery time by up to 10 days, if necessary, from the expiry of the fixed delivery time, provided that J & Maya - Danmark notifies the buyer of the extension before this time. In that case, the buyer is not entitled to exercise remedies for breach of contract until after the expiry of the extended delivery period.

6.3 A 14-day right of return is granted, however not for goods that are customized to a specific order.

6.4 The place of delivery is, in the absence of any other specific indication in the order, the address of PromoX:

·     PromoX APS 

·     Axel Gruhns Vej 10M

·     8270 Højbjerg

·      Denmark

6.5 Orders are always produced in accordance with the layout (order code). Any change in quantity, colors or other properties and values ​​requires a new layout.

6.6 In the event that a package could not be delivered by the carrier, due to incorrect or missing information in the delivery address, customers will be charged a fee for return and redelivery.

 7. DRAWINGS AND DESCRIPTIONS

7.1 All drawings and technical documents relating to the goods or their manufacture, which are handed over to the buyer before or after the conclusion of the agreement, remain the property of PromoX.

7.2  Without PromoX's written consent, the said material may not be used, copied, reproduced, handed over to or otherwise brought to the knowledge of third parties.

7.3 PromoX is not obliged to hand over the material and the tools that form the basis for the manufacture of the goods. The aforementioned tools belong to PromoX.

8. INVESTIGATION DUTY

8.1 The buyer is obliged to immediately upon receipt of a delivery carry out the necessary examinations to determine any defects.  

9. COMPLAINT

9.1 The buyer must give written notice of defects directly to PromoX without undue delay after the defect has been discovered or should have been discovered. This also applies to complaints about quantity differences. The notification must contain a specification of the defect.

9.2 If the buyer does not notify PromoX of a defect within the specified deadlines, the buyer loses his right to make claims due to the defect.

9.3 In the event of a complaint, the buyer is not entitled to dispose of the delivered goods or return them to PromoX without PromoX's written approval. If the buyer has complained about the goods and it turns out that there is no defect for which PromoX is responsible, PromoX is entitled to compensation for the work and costs that the complaint has caused PromoX.

9.4  Complaints regarding statements on invoices must be submitted in writing within 5 days of receipt of the invoice.

9.5 Color shades, font size and graphic proportions may vary in relation to what is seen on the computer screen. PromoX reserves the right to change font size and graphic proportions without prior notice to the customer. Complaints due to color shades, font size and graphic proportions are limited to cases where a prototype copy was ordered before production started.

9.6 If delivery is canceled due to force majeure, PromoX will do its best to compensate the order. However, we will not give a binding commitment to compensation.

10. LIABILITY

10.1 PromoX's liability for defects is limited to replacement or rectification.

10.2 PromoX's liability does not include defects arising from materials provided by the buyer, or in goods prescribed or specified by the buyer.

10.3 PromoX does not guarantee in any way that goods prescribed or specified by the buyer do not infringe the rights of third parties. PromoX also assumes that the buyer has obtained all relevant permissions from any rights holders.

10.4 PromoX has no liability for defects beyond what is prescribed in this clause. This applies to any loss that the defect may cause, including operating loss, lost earnings and other indirect losses.

10.5 PromoX assumes no responsibility for the legal use of delivered products for their intended purposes.

11.  APPLICABLE LAW AND JURISDICTION

11.1 Any disagreement or dispute between the parties regarding the understanding and scope of these terms of sale and delivery shall be settled by the court in Aarhus under the application of Danish law.