THE ARMY-PAINTER ApS
General Terms of Sale and Delivery
1. Application
1.1. These General Terms of Sale and Delivery shall apply to all deliveries from The Army-Painter ApS, central business registration no. ("CVR") 30 72 01 21 ("the Company") unless otherwise agreed in writing with the individual customer prior to delivery.
2. Order confirmation
2.1. Orders shall not be binding on the Company until after the Company's written order confirmation.
2.2. For purchases made on-line at www.thearmypainter.com, the order confirmation is forwarded as soon as payment has been accepted.
2.3. Orders based on an offer made by the Company are binding provided that the Company has received an absolute and unqualified acceptance from the offeree within the time stipulated for acceptance.
3. Delivery and passing of risk
3.1. All deliveries basically take place from the the Company's central warehouse in Denmark, and the delivery term is DAP (Incoterms 2010) at the customer's place unless otherwise agreed. The customer is to defray the freight charges.
3.2. All orders are supplied as soon as possible. The times for delivery specified by the Company are approximate and shall not be binding unless otherwise agreed in writing. If necessary, the Company is entitled to extend any agreed time for delivery by up to 30 days subject to prior written notification to the customer. The customer is not entitled to cancel the agreement owing to delay on the part of the Company until the extended time of delivery has expired.
3.3. The Company shall not in any way be liable for delays, regardless of whether the customer is entitled to cancel the contract or not, unless the Company's delay is caused by gross negligence or wilful behaviour on the part of the Company. This applies to any loss caused by the delay, inclusive of loss of profit, loss of operation, loss of earnings, claims raised by third parties and other direct or indirect loss.
3.4. All deliveries are dispatched as business parcels. However, the Company is entitled, at the customer's expense and risk, to dispatch deliveries weighing more than 35 kg or requiring special, careful handling in any other way deemed more appropriate by the Company.
3.5. Products covered by the rules on dangerous goods shall be delivered in compliance with the rules and regulations on the handling of dangerous goods at the customer's expense.
3.6. Goods that cannot be delivered within ordinary delivery times will not be delivered. Goods on backorder must be re-ordered by the customer if the customer wants to maintain the order.
4. Prices
4.1. Orders are taken at the price appearing from the Company's current price list at any time. The Company makes reservations for any printing error or miscalculation therein.
4.2. All prices in the Company's price list are stated in euro (EUR) unless otherwise specifically stated. All prices are exclusive of VAT, customs, freight, duties, charges etc.
4.3. Prices for purchases made via the webshop www.thearmypainter.com are stated in euro (EUR) or in US dollars (USD), inclusive of customs, duties, VAT etc., but exclusive of freight.
4.4. The current price list at any time may be altered by the Company without notice.
5. Payment and interest
5.1. Consumer transactions conducted via the webshop at www.thearmypainter.com are to be paid for by means of credit or debit card. The Company accepts the following credit and debit cards: MasterCard, Maestro, Visa, American Express, JCB, Dankort and Visa/Dankort. Payments are handled vial PayPal.
5.2. For other transactions (non-consumer transactions), payment by bank transfer is preferred. A handling fee of 7.5% of the invoice sum will be charged on payments for purchases not made via the webshop, but handled via PayPal.
5.3. Payment must be made within 14 days from the date of invoice unless otherwise agreed in writing. The Company, however, is at any time entitled to demand cash payment in advance.
5.4. In case of delay in payment, interest is added at the rate of 3% per month or fraction of a month as from the date of maturity until payment is made.
5.5. The customer is obliged to make payment in full and is thus not entitled to retain any part of the purchase price or to effect a set-off against any part of the purchase price, regardless of the reason for this.
5.6. Any delay, retention or set-off of payment shall be deemed a material breach of the agreement. In the event of delay in payment or non-payment, the Company is - in addition to the general remedies for breach under Danish law - also entitled to postpone and/or retain any subsequent delivery and to make a set-off against any other outstanding accounts with the customer.
6. Reservation of title
6.1. The Company reserves its title to any consignment, and the customer is obliged to store any consignment separately from other goods and to label the consignments "The Army-Painter" until the consignment has been paid for in full.
7. Complaints
7.1. The customer is to check the consignment immediately upon receipt. Claims relating to defects, delay, product liability and other claims, inclusive of claims for damages, are to be submitted to the Company in writing as soon as possible and not later than 3 working days after the customer's receipt of the consignment. Complaints must always include a specification of the defect in question.
8. Right of cancellation and return of goods
8.1. Goods purchased via www.thearmypainter.com may be returned to the Company within 14 days from receipt of the goods. If the customer wants to exercise this right of cancellation, the Company is to be notified thereof, and the goods are to be duly returned to the Company, cf. clause 8.2, as soon as possible and not later than 14 days after receipt of the goods.
8.2. Goods not ordered via www.thearmypainter.com can only be cancelled and returned subject to agreement with the Company.
8.3. Return goods must always be sent back in undamaged and unopened original packaging together with invoice/receipt, clear information on the customer's name and address as well as a specification of whether the customer wants replacement goods or a refund of the purchase price. If the customer wants a refund of the purchase price, the bank registration number and account number must be stated to which a refund can be made. In case of a refund of the purchase price which will take place via PayPal, a handling fee of EUR 8.99 will be deducted. The costs of returning goods to the Company shall be borne by the customer.
9. Limitation of liability
9.1. The Company encourages all customers to carefully read the inscriptions on the goods and the packaging prior to using the goods and to follow the hazard instructions. All customers are also encouraged to watch the Company's video guides at thearmypainter.com.
9.2. The Company shall not be liable for deviations in terms of measurement and appearance compared to the Company's catalogue specifications as such specifications are only indicative.
9.3. The Company's liability for defects, inclusive of liability for advice provided on products, the use of the products etc. is limited to replacement delivery or remedial action. The customer's right to replacement delivery or remedial action is subject to a complaint having been made in compliance with clause 7.
9.4. The Company shall not be liable for any kind of consequential damage or indirect loss, including but not limited to disruption of production as well as loss of profit, proceeds, goodwill or data or claims for damages raised against the customer.
9.5. In monetary terms, the Company's liability for loss or damage is in all cases limited to a maximum of 20% of the purchase price which the customer has paid for the goods on which the claim is based. Notwithstanding the size of the purchase price, the Company's liability can in no case exceed the total sum of EUR 10,000.
9.6. The Company undertakes no liability that the products delivered can lawfully be used for the purpose intended by the customer. The customer is fully responsible for the suitability and the use of the products.
9.7. The Army Painter provides all products with labels that comply with national rules. Should the rules and regulations of a local region or country require the use of specific texts, a specific language or symbols, etc., on the labels that differ from the requirements of the national rules, each customer of that region is responsible for the necessary import procedures and documentation for any products in order to comply with the local rules and regulations. Accordingly, The Army Painter is not liable for any damages regarding country or area specific labelling.
10. Product liability
10.1. The Company is liable for damage or injury caused by the Company's products in compliance with the provisions of these General Terms of Sale and Delivery; however, such liability is limited to the mandatory provisions of the Danish Product Liability Act. The Company's liability is subject to proof that the damage or injury is caused by errors or omissions on the part of the Company or on the part of others for whom the Company is liable.
10.2. The Company shall not be liable for any damage which the Company's supply may have caused to real property or movables.
10.3. In the event that a third party raises a claim against the Company's customer for product liability concerning products supplied by the Company, the customer shall immediately notify the Company thereof.
11. Intellectual property rights
11.1. All the Company's intellectual property rights and rights in relation hereto, inclusive of rights to technical or other documentation, shall remain the exclusive property of the Company.
12. Force majeure
12.1. The Company's obligations according to agreement shall be postponed in the event of force majeure which means circumstances beyond the Company's control, inclusive of strikes and circumstances which the parties should not have taken into consideration when concluding the agreement. Circumstances at any of the Company's sub-suppliers which mean that the Company is unable to fulfil its obligations towards the customer and which cannot be overcome without disproportionately big costs on the part of the Company shall also be deemed to constitute force majeure.
12.2. Postponement of delivery as a result of force majeure cannot be invoked for any longer than the number of days which the force majeure situation lasts with the addition of 5 working days. In the event that a delivery is postponed owing to force majeure, payment for this delivery is postponed accordingly.
12.3. The Company is entitled to cancel concluded agreements as the result of force majeure.
12.4. All the customer's powers are suspended or lapse in the event of force majeure. Neither in case of cancellation nor postponement is the customer entitled to claim damages or to raise any other claim against the Company.
13. Disputes and venue
13.1. All disputes between the Company and the customer shall be governed by Danish law. Any dispute that cannot be solved amicably shall be brought before the courts of law at the Company's place of domicile.