Terms of sales and delivery

1. 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.

2. 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 prices from Hübsch’s forwarders. 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 7.000,00 / EUR 700,00.

3. 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.

4. Prices and terms of payment

All prices (including prices stated in catalogues and on websites) shall be in DKK/EUR 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. Furthermore, accounts not paid within terms are subject to a 2,0 % monthly finance charge.

5. Terms and time of delivery

Delivery will be at the customer’s risk irrespective of its being arranged by Hübsch.
The time of delivery shall be stated in the order confirmation. The time of delivery stated in the order confirmation is approximate. 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.

For all orders, carriage shall be added to the invoice at the rate applicable at the time. The price list for carriage may be obtained from Hübsch. Back orders of less than DKK 1,000.00 / NOK 1,000.00 / SEK 1,200.00 / EUR 150.00 will not be forwarded, 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.

6. 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.

7. Retention 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.

8. Liability for defects

Immediately upon delivery and in any event no later than fourteen (14) days after receipt of the delivery, the customer shall perform an examination of the products as required by proper business practice.
Complaints regarding defects shall be made in writing upon the customer’s receipt of the goods, but no later than fourteen (14) days after delivery.
Return of goods shall be subject to previous written agreement with Hübsch. Products that are returned to Hübsch without prior agreement will not be credited.
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. lawyers’ fees, incurred by Hübsch in this respect.

9. 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.

10. 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.

11. Hübsch’s 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.

12. Information

Hübsch shall assume no liability for errors in catalogues, brochures or other printed material or for any misinterpretation of the information provided therein.

13. E-commerce

Goods from Hübsch may not be sold on websites such as eBay, Trendsales, QXL or other similar websites, and the customer is aware that sales via any such websites would have a material negative impact on Hübsch’s goodwill and intellectual property rights.

14. 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.

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