1. General

1.1Nedenstående betingelser er gældende for samtlige af casa linea ApS, under binavnet Venci, underskrevne og godkendte ordrebekræftelser. Afvigelser herfra har alene gyldighed såfremt de er skriftligt bekræftet af casa linea ApS.

1.2These terms apply to both business customers and consumers. Where special rules apply to consumers, this is stated expressly.

2. Quotation and order confirmation

2.1The Seller's quotation is valid for 14 days, calculated from the date of the quotation. After this period has expired, the Seller's quotation lapses automatically. The Seller's quotation may also lapse if a delivery is sold out or if the terms of delivery change, for example on the part of a subcontractor.

2.2The Seller reserves the right to make changes to the delivery until the time of delivery, but in that case the Seller guarantees at least an equivalent performance.

2.3The Buyer may only rely on the terms of these conditions or of any individual agreement between the parties. Information that the Seller has given verbally, on the internet, in brochures or the like is therefore irrelevant to the assessment of the delivery.

2.4An order is only binding once it has been approved by the Seller with an order confirmation by email or letter.

2.5The customer is urged to check carefully that the order confirmation corresponds to what is wanted and agrees with what has been arranged with the consultant concerned, including choice of materials, name, address, telephone number, email address, delivery address, delivery time and invoice address.

2.6Drawings, dimensions and specifications are approved in writing by the Buyer before production begins. After approval they are final, and changes require the Seller's written acceptance, cf. clause 7.1.

3. Prices and place of delivery

3.1Prices appear from the Seller's price list in force at any time or from the order confirmation sent.

3.2Delivery takes place in accordance with the order confirmation.

3.3Delivery times are stated subject to any delay by subcontractors. If the Seller becomes aware that a subcontractor delay will occur or considers it likely, the Buyer will be notified immediately with information about the expected new delivery time.

3.4In the event of material delay on the Seller's part, the Buyer is entitled to cancel the purchase. If continuous delivery has been agreed, however, the Buyer is only entitled to cancel in respect of the delayed partial delivery.

3.5The delivery time in the order confirmation is expected and depends on approval of drawings, payment and deliveries of materials. For business customers, a postponement of the delivery time of up to 30 calendar days due to circumstances on the Seller's side is regarded as timely delivery, and the Buyer cannot cancel the order or refuse to accept the goods because of such a postponement. For consumers, the rules of the Danish Sale of Goods Act on delay apply. Delay caused by circumstances on the Buyer's side, including late approval of drawings, late payment, lack of access or changes, results in a corresponding extension of the delivery time.

3.6For business customers, the Seller can in no event be held liable for the Buyer's indirect losses resulting from a delayed or missing delivery. Furthermore, the Seller can only be held liable for direct losses if there is a material breach of the agreement on the Seller's part, provided that the Buyer can demonstrate that a loss has been suffered as a result of the delay. For consumers, the rules of the Danish Sale of Goods Act apply.

3.7Any postponement of delivery/installation does not entitle the Buyer to postpone payment for the order.

3.8Delivery to the kerbside, unless otherwise agreed.

3.9Responsibility for the delivery, including liability for insurance, passes to the customer when the goods have been delivered to the agreed address.

3.10casa linea ApS er ansvarsfri for manglende eller forsinket opfyldelse af aftalen som følge af force majeure, som nærmere beskrevet i købelovens §24.

4. Shipping, insurance, etc.

4.1The prices stated in the quotation exclude costs of freight, shipping, insurance, packaging, installation, VAT and any government charges, unless otherwise agreed. Changes in exchange rates, charges, insurance, freight and purchasing costs entitle the Seller to adjust the prices.

5. Payment

5.1The Seller's payment terms are 70% on order confirmation and 30% on dispatch of the first delivery of the furniture from the factory, unless otherwise agreed in writing.

5.2If the Buyer does not pay by the last due date, and the delay is not due to circumstances on the Seller's side, the Seller is entitled to charge default interest from the due date at the rate applicable at any time from Danmarks Nationalbank (the Danish central bank), and to claim payment for all invoiced and delivered goods, regardless of previously agreed credit terms.

5.3The Buyer is not entitled to withhold payment on account of counterclaims that the Seller has not acknowledged.

6. Retention of title and security

6.1The Seller retains title to the goods sold, whether or not delivery has taken place, until the entire purchase price and any interest/fees have been paid.

6.2The Seller is entitled at any time in connection with or after the conclusion of the agreement to require adequate security for the Seller's total costs in connection with the agreement.

7. Cancellation and changes to orders

7.1The agreement is binding once the Buyer has received the order confirmation. All goods are made specially for the Buyer. Changes and cancellation require the Seller's written acceptance. Requests for changes before production has begun will be accommodated by the Seller where possible, and any additional costs will be invoiced.

7.2If the Buyer cancels without the Seller's acceptance:

a) Before the Seller has ordered materials or begun production: the Seller may claim its costs incurred for surveying, drawings and planning, plus 30 per cent of the agreed price.

b) After materials have been ordered but before production has begun: the Seller may claim its documented costs, including materials that cannot be returned or reused, plus 30 per cent of the agreed price.

c) After production has begun: the Buyer must pay the full price, less the costs the Seller saves and what the Seller obtains by reusing materials or selling the goods to others.

d) A Buyer who is a consumer may document that the Seller's loss is smaller. Amounts paid are set off, and any excess amount is refunded.

8. Duty to inspect and notice of defects

8.1The Buyer must immediately upon handover or receipt of the goods, and always before the goods are put into use, inspect the delivered goods to ensure that they are free from defects.

8.2If the Buyer finds defects in the goods during the inspection, the Buyer must immediately give the Seller written notice of the defects. In the case of hidden defects that only appear at a later time, the Buyer must give notice immediately after the Buyer ought to have discovered the defect, and no later than two years after delivery. For consumers, however, notice must be given within a reasonable time after the defect is discovered, and notice within two months of discovery is always considered timely.

8.3If the Buyer fails to give notice within the time limits that apply under clause 8.2, the defects cannot subsequently be invoked against the Seller.

9. Defects

9.1The Buyer must be aware that the products delivered are specially made natural products and that variations in the number of knots, structure and so on must therefore be expected. Deviations from product samples and examples shown may occur, which are not defects and which the Buyer accepts by entering into an agreement with the Seller.

9.2The Seller undertakes, for 24 months after delivery, without undue delay, to remedy or replace where there are defects in the delivery. For business customers, the Seller chooses between repair and replacement. For consumers, the Buyer chooses between repair and replacement, but the Seller may reject the Buyer's choice if it is impossible or imposes disproportionate costs on the Seller, cf. section 78a of the Danish Sale of Goods Act. As the goods are specially made to the Buyer's measurements, repair will normally be the reasonable solution.

9.3The Seller is, however, not obliged to remedy defects where they are caused by the delivery not having been installed and/or used in full accordance with the Seller's instructions, incorrect or inappropriate use, modifications or technical interventions made without the Seller's written consent, or extraordinary climatic influences.

9.4Wearing parts and normal wear and tear are not defects. For business customers, the costs of installation and removal are not covered by the right to repair. For consumers, the Seller bears the necessary costs of remedying defects in accordance with the rules of the Danish Sale of Goods Act.

9.5If the Buyer wishes to give notice of any defects, written notice must be given immediately after the defect has been discovered.

9.6After the Seller has received notice of a defect that is considered covered by this provision, the Seller will remedy the defect.

9.7If the Buyer can carry out the remedy itself at the company's address, the Seller's obligation to remedy under this provision is fulfilled by sending a new or repaired part.

9.8Defective parts that have been exchanged in accordance with the above must be made available to the Seller unless otherwise agreed between the parties.

9.9The Seller grants a right to remedy for parts of the delivery that have been replaced or repaired, on the same terms and under the same conditions as for the original delivery. The Seller's obligation to remedy does not, however, apply to any part of the delivery beyond 24 months after delivery to the Buyer.

9.10Where the Seller, as a service, also delivers and sells other supplementary products such as large household appliances, the Seller assumes no independent liability for defects in these products. The Seller will where applicable pass on the contact details of the manufacturer, against whom the claim for defects may be asserted without involving the Seller.

9.11Dimensions, drawings and specifications that the Buyer has approved or provided itself are final. Deviations resulting from the Buyer's information on dimensions, the conditions at the installation site or approved drawings are not defects.

10. Limitations of liability

10.1For business customers, the Seller's total liability for damages for defects cannot exceed the purchase price of the defective item. The Seller is not liable for indirect losses, consequential damage, loss of operations and loss of profit, unless the loss is due to intent or gross negligence.

10.2For consumers, the rules of the Danish Sale of Goods Act on consumer purchases apply, including the Buyer's right to repair, replacement, proportionate price reduction, cancellation and damages. These terms do not limit rights that cannot be waived by agreement.

10.3The Seller's liability under the Danish Product Liability Act cannot be limited.

11. Exemption from liability in case of force majeure

11.1The following circumstances give rise to exemption from liability when they occur after the conclusion of the agreement and prevent its performance:

11.2Labour disputes, strikes, lock-outs and any other circumstance beyond the parties' control, such as fire, epidemic, war, unforeseen military call-ups of a similar scale, acts of sabotage, seizure, currency restrictions, insurrection and unrest, lack of means of transport, general shortage of goods, restrictions on motive power, and defects in deliveries from subcontractors, or delays in such deliveries, caused by any of the circumstances mentioned in this clause.

11.3The party wishing to invoke any of the circumstances mentioned must notify the other party as soon as possible of which event has occurred and when it is expected to end.

11.4Both parties are entitled, by written notice to the other, to terminate the agreement when its performance within a reasonable time becomes impossible due to any of the circumstances mentioned in clause 11.2.

12. Returns

12.1All Venci goods are made to the Buyer's measurements, choice of materials and specifications. Consumers therefore have no right of withdrawal, cf. section 18(2), no. 3 of the Danish Consumer Contracts Act. The Seller informs of this in writing before the agreement is concluded, regardless of whether the agreement is concluded at the Buyer's home, at the Seller's place of business or at a distance.

12.2A Buyer who is a consumer confirms by signature or by reply to the order confirmation that the Buyer has been informed that the goods are made specially, that there is no right of withdrawal and that the agreement is binding.

12.3Business customers have no right of withdrawal. Goods are not taken back without agreement.

12.4A complaint about defects is not a return and is handled in accordance with clauses 8 and 9.

13. Installation and access

13.1Where installation has been agreed, the Buyer must ensure that the installation site is ready at the agreed time. This includes free and reasonable access for employees and materials, floors, walls and ceilings that are finished and suitable for supporting and securing the delivery, and electricity, water and drainage brought in, where necessary and agreed.

13.2Conditions at the installation site that deviate from the Buyer's information or from what the Seller could reasonably expect, and which result in additional work, waiting time or an extra installation visit, may be invoiced separately by the Seller after prior notice to the Buyer.

13.3The Seller is not liable for hidden conditions in the building that could not have been identified by a reasonable inspection, for example concealed pipes and cables.

14. Receipt and storage

14.1The Buyer must receive the delivery at the agreed time and place. If the Buyer is unable to receive the delivery, the Buyer must notify the Seller as soon as possible.

14.2If delivery or installation cannot be carried out due to circumstances on the Buyer's side, the Seller may store the goods and invoice reasonable costs for storage and additional transport.

15. Copyright in drawings and designs

15.1Drawings, sketches, designs and other documents that the Seller prepares in connection with a quotation or an order belong to the Seller. The material may not be copied, passed on or used to produce the same or similar products elsewhere without the Seller's written consent. This also applies if the order is not completed.

16. Care and maintenance

16.1The Seller provides information on the care and maintenance of the chosen materials. The materials are natural products and are affected by moisture, heat and sunlight. The Buyer must follow the care instructions and avoid extreme humidity, direct sunlight and nearby heat sources. Damage caused by lack of care or incorrect care is not a defect, cf. clause 9.

17. Processing of personal data

17.1The Seller processes personal data about the Buyer in accordance with Venci's privacy policy, which can be found at venci.dk.

18. Settlement of disputes

18.1These terms are governed by Danish law and Danish courts.

18.2Any dispute or disagreement that may arise in connection with this contract shall first be attempted to be resolved through negotiation. If an amicable solution cannot be found, business customers may only bring the case before the court at the place where the Seller has its registered place of business. Consumers may bring the case before the court in accordance with the general rules of the Danish Administration of Justice Act. Consumers may also complain to the Consumer Complaints Board via Nævnenes Hus, www.forbrug.dk. The Consumer Complaints Board only handles complaints within the monetary limits that apply at any time, and the complaint must first be attempted to be resolved through mediation.