Contractual Basis
These terms shall apply to all orders and delivery agreements from Hübsch unless otherwise expressly agreed in writing. Hübsch’s order confirmation, these sales and delivery terms and the Danish Sale of Goods Act shall apply to all delivery agreements in the above order of priority.
General
Prices on the website and in the catalogue are only valid for the current season.
Delivery: Ex works, Herning. Freight costs will be added according to the going rate. Additional fees for island delivery will be added when applicable. Fees for delivery with lift will be added as well when applicable. Payment is in advance or subject to a prior written agreement on credit insurance for the payment between customer and Hübsch.
The minimum order at first purchase is DKK 5.000,00 / NOK 8.000,00 / SEK 8.000,00 / EUR 700,00.
Offer and Order Confirmation
Unless otherwise specified in the quotation, quotations made by Hübsch shall lapse if not accepted as made no later than fourteen (14) days after the date of the quotation. Hübsch shall not be bound by the quotation, and an agreement shall thus be binding only when Hübsch sends an order confirmation after receipt of the customer’s acceptance.
The customer shall check the order confirmation, and any objections to it shall be made by the date stipulated in the order confirmation or, if no date is stipulated, no later than the day following the date on which the order confirmation was received. If the customer makes no objections within the above deadline, the order confirmation shall be binding. Hübsch shall not be liable for errors in the order confirmation.
Prices and Terms of Payment
All prices (including prices stated in catalogues and on websites) shall be in DKK/EUR/NOK/SEK without VAT, carriage, duties, taxes and other charges. If the prices of the quoted or agreed delivery are amended as a result of amended purchase prices, exchange rates, carriage, duties, taxes etc., Hübsch shall be entitled to amend the prices quoted to or agreed with the customer on ten (10) days’ notice.
The invoice amount falls due according to due date on invoice.
Delayed payment will result in a DKK 100.00 / NOK 100.00 / SEK 120.00 / EUR 13.44 late fee being added to each reminder. An additional DKK 350,00 / NOK 350,00 / SEK 350,00 / EUR 41,50 compensation fee is added by the 2. reminder. Furthermore, accounts not paid within terms are subject to a 2,0 % monthly finance charge.
Terms and time delivery
By delivery with Hübsch own shipping agent the risk is transferred to the customer when delivered at the agreed place of delivery according to the invoice. Delivery with the customers own shipping agent will be at the customer’s risk irrespective of its being arranged by Hübsch. The risk is transferred to the customer at the time of handing over the products to the shipping agent.
The time of delivery shall be stated in the order confirmation and is approximate. The price list for carriage may be obtained from Hübsch.
Delivery in lots may occur and will be invoiced on the basis of the lot concerned. Back orders shall be delivered as agreed with the customer. Back orders of less than DKK 1,000.00 / NOK 1,000.00 / SEK 1,000.00 / EUR 150.00 will not be sent unless agreed upon, but will be cancelled in the customer’s account with Hübsch.
If the customer refuses delivery or is unable to accept delivery on the agreed date, the customer shall cover any associated costs or loss incurred by Hübsch, including the costs of storage until the customer has accepted delivery on the agreed terms.
Liability for delay
If a fixed time of delivery has been agreed in writing, the customer shall – in the event that Hübsch exceeds the date of delivery by more than thirty (30) working days, and provided that the exceeding of the deadline is of material inconvenience to the customer – be entitled to make a written claim for delivery with a new reasonable deadline which, however, shall not be less than thirty (30) working days.
If Hübsch fails to take reasonable steps to ensure delivery within the stipulated deadline, the customer shall be entitled to terminate the agreement in respect of the delayed delivery.
Hübsch’s liability for delay shall always be limited to the invoice value of the delayed delivery or lot.
Rentention of Title
The delivered products shall remain the property of Hübsch until payment, including any interest and costs, has been made in full. The customer shall take all necessary precautions to protect Hübsch’s property until the title has passed to the customer.
Delivery Inspection
At delivery the customer must inspect the shipment for external damages on the packaging before signing the freight letter. In case of damages, the customer must make a remark on the freight letter and send photos of the damaged shipment to sales@hubsch-interior.com. Any hidden freight damages must be reported to Hübsch A/S within 5 days to be valid.
No Responsibility for Forwarding
When we ship our Products to you, our packaging is made for pallet shipping. If you forward the goods directly to your customers in our packaging, we disclaim any responsibility for any transport damage, as our packaging is not intended for forwarding. Any forwarding is therefore done at your own risk. It is your responsibility that the products are properly packed before shipping to the end costumer. We are not liable for Damage that occurs during shipping from you to the end Costumer.
Claims
Hübsch grants the customer 2 years’ right to claim defect from reception of the product, irrespectively when the customer has resold the product.
Complaints regarding defects shall be made in writing.
In the event of timely and justified complaint, Hübsch’s liability shall be limited to free delivery of an equivalent new product within a reasonable deadline. Hübsch shall, however, at its own option, be entitled to pay compensation to the customer not exceeding the invoice value of the defective product. Hübsch shall pay no other damages or compensation.
The customer may claim only the rights expressly stated in these sales and delivery terms.
In the event that the customer forwards complaints regarding defects which are found not to be Hübsch’s fault, the customer shall reimburse any costs, e.g. shipping fees, lawyers’ fees etc. Any product damages cause by wrongful use, wrongful storage etc. is not covered by the right to claim.
Return of goods shall be subject to previous written agreement with Hübsch. Products that are returned to Hübsch without prior agreement will not be accepted. The customer has the sole responsibility of securely packing and returning the product in its original packaging
General Limitations of liability (Including force majeure)
In no event shall Hübsch be liable for operating loss, loss of profit or any other indirect loss.
Any advice provided by Hübsch in connection with the customer’s purchase shall be deemed to be for guidance only, and Hübsch shall assume no liability in this respect, and shall thus not be liable for the suitability of the product for specific purposes.
Hübsch shall not be liable for defects, delay or any other damage caused by circumstances which Hübsch ought not to have expected, including acts of war, terrorism, malicious damage, fire, blockades, mobilisation, import and export restrictions, political unrest, strike, lockout, labour shortage or shortage of goods, unusual natural events etc.
Product Liability
Hübsch shall assume product liability in accordance with current applicable legislation, but shall not assume any liability in excess of what is provided by law. Any product liability developed in Danish case law but not stipulated by law may thus expressly not be relied upon. In no event shall Hübsch be liable for operating loss, loss of profit or any other indirect loss.
Hübsch Intellectual property rights
The customer is aware that all intellectual property rights in respect of Hübsch’s trade mark and design belong to Hübsch. The customer’s use of these shall thus be subject to Hübsch’s previous agreement in writing.
Information
Hübsch shall assume no liability for errors in catalogues, brochures or other printed material or for any misinterpretation of the information provided therein.
E-Commerce
Goods from Hübsch may not be sold on auction websites unless prior agreed with Hübsch, as the customer is aware that sales via any such websites would have a material negative impact on Hübsch’s goodwill and intellectual property rights.
Governing law and venue
This agreement shall be governed by Danish law with the exception of CISG, and any disputes shall be settled by the court stipulated in Hübsch’s articles of association as the court of first instance.
© Hübsch A/S
