TERMS AND CONDITIONS OF SALE AND DELIVERY
FOR LINOLIE & PIGMENT A/S
(Last updated 4th of January 2024)
These are the terms and conditions of sale and delivery for Linolie & Pigment A/S, Øsbygade 46A, 6100 Haderslev, Denmark, company registration no. 41189932, hereinafter referred to as “Seller”. The terms and conditions of sale and delivery apply to all purchases made from the Seller, including purchases made via the Seller's website, by telephone, by e-mail or by physical purchases at the Seller's address.
The terms and conditions of sale and delivery apply to both business and consumer purchases. It is separately indicated or marked if some terms and conditions apply only in business or consumer purchases.
Content of particular importance is marked in "bold".
The following terms and conditions of sale and delivery are sent with the Seller's offer. In case the buyer places an order without a prior offer, they are sent with the Seller's order confirmation and in case of purchase on the Seller's website, they must be approved by the buyer before the purchase is completed.
The Buyer's indication of special terms in the order, etc., is not deemed to be a waiver of the terms and conditions below, unless the Seller has accepted them in writing.
The terms and conditions of sale and delivery are thus part of the contractual basis.
Buyers should be aware that cloths containing linseed oil may self-ignite. The cloths should be drowned in a bag of water immediately and then disposed of in the usual way.
- Offer
1.1 The Seller's offer is binding for 10 days, unless otherwise stated in the offer.
1.2 The Seller reserves the right to change the price in the event of extraordinary price increases due to exchange rate fluctuations, changes in taxes and duties and force majeure, cf. clause 5.3.
1.3 Prices are for commercial purchases ex seller's premises excluding transport costs and seller's transport packaging, unless otherwise stated in the offer.
- Order confirmation
2.1 Orders received are confirmed by the Seller by sending an order confirmation.
2.2 It is the Buyer's responsibility to check that the order confirmation corresponds to what was agreed, and if not, to complain to the Seller.
2.3 If the Buyer does not agree with the contents of the order confirmation, the Buyer must immediately complain in writing to the Seller. Otherwise, the order confirmation is considered as the binding agreement between the parties.
- Right of cancellation
3.1 For all consumer purchases made as distance sales and for agreements concluded outside the Seller's place of business, including via the Seller's website or by telephone, the buyer has a 14-day right of cancellation.
The deadline for the right of cancellation starts from receipt of the product. If the deadline expires on a public holiday, Saturday, bank holiday, Christmas Eve or New Year's Eve, the deadline is extended to the following working day.
3.2 However, the right of cancellation does not apply to the following products:
- items made to the buyer's specifications or clearly personalised (custom-made products),
- freshly stirred products that have a limited shelf life and therefore change their properties over time (Aqualinum®, Linseed Paint, Retrolak® and Satin Wood Oil)
3.3 If the buyer wishes to exercise the right of cancellation, the buyer must notify the Seller within 14 days of receipt of the product.
The customer may choose to use the model withdrawal form available on the following website:
https://www.retsinformation.dk/Forms/r0710.aspx?id=160666#Bil3.
Whereupon the Buyer must disclose the following:
- which purchase is being cancelled – please provide the order number
- when the products were received
- buyer's name and address
- date
- signature, if cancellation is sent by mail.
As the Buyer must notify the Seller of the exercise of the right of cancellation, it is not sufficient not to collect the product if they are delivered at a parcel shop.
3.5 In case of cancellation of the purchase, the Buyer pays for the return shipment of the product. The return shipment must be sent without undue delay and no later than 14 days after the Buyer has notified the Seller that the purchase is cancelled. The product should be return to following address:
Linolie & Pigment A/S
Øsbygade 46A
6100 Haderslev
3.6 The Buyer is liable for any deterioration in the value of the product, which is due to handling other than what is necessary to determine the nature of the goods, properties and the way it works.. The amount the Buyer can get back depends on the commercial value of the product, and in some cases this may mean that the Buyer can only get the shipping costs back. In order to get the full amount, the product must not be in a damaged state.
The commercial value may be reduced, for instance, if the Buyer has carried out a stirring of the paint or has mixed components in whole or in part.
Every product that has been delivered and is desired to be returned is recommended to be returned in its entirety, with all parts included and in original packaging. If parts or the original packaging is missing, this may lead to a depreciation of the item.
3.7 When the buyer withdraws from a sale, the Seller will refund all payments received from the Buyer, including any delivery costs.
However, this does not apply in the following cases: If the buyer has purchased several goods in one order and only cancels part of his purchase, the Seller will not refund the delivery costs. However, if the Buyer has chosen a delivery method that is more expensive than the cheapest delivery method offered by the Seller, the Buyer will not be reimbursed for the additional cost.
The Seller will refund the amount without undue delay and in any event no later than 3 days from the date on which Seller has received the returned product. The Seller must effect such a refund using the same means of payment as the Buyer used for the original transaction, unless the Buyer has expressly agreed otherwise.
- Delivery and transfer of risk
4.1 Unless otherwise stated in the offer, delivery and transfer of risk in commercial purchases takes place upon dispatch of the product by the Seller, cf. Section 10 of the Danish Sale of Goods Act. The buyer is responsible for and pays for transport insurance of the goods after delivery.
4.2 In the case of a consumer transaction, delivery and transfer of risk occurs when the goods are in the Buyer's possession, cf. Section 73 of the Danish Sale of Goods Act. However, if the buyer enters into an agreement with a carrier, delivery will be deemed to have taken place when the object has come into the carrier's possession.
- Delivery time and delay
5.1 For stocked goods and articles, dispatch from the Seller's premises will normally take place within 5-6 working days from the final agreement being concluded, unless otherwise agreed.
For specially mixed colours, larger orders and the like, please contact the Seller for further information on shipping time.
5.2 The Seller is not responsible for delays caused by the Buyer.
5.3 The Seller is not be liable for delay in the event of force majeure, which includes strikes, lockouts, fire, large-scale vandalism, war, rebellion, pandemic, natural disasters - including but not limited to earthquakes, storm surges, extensive flooding, cloudbursts, volcanic eruptions or similar events that should not or could not have been foreseen by the Parties at the time of conclusion of the agreement, as well as in the event of impossibility of supply.
5.4 Furthermore, the Seller is not be liable for any delay caused by force majeure on the part of the Seller's subcontractors, cf. clause 5.3.
5.5 In case of delay, the Buyer must complain immediately to the Seller, otherwise the Buyer forfeits their right to claim delay. In the case of a consumer transaction, the rules in Sections 74 and 75 of the Danish Sale of Goods Act.
5.6 The Seller's liability for the Buyer's loss as a result of delay can never exceed 15% of the value of the delayed part of the delivery.
- Payment
6.1 The purchase price is due 8 days after the invoice date, unless otherwise agreed.
6.2 If the purchase price is not paid on time, interest will be charged in accordance with the Danish Interest Act.
6.3 If the buyer wants the payment set up as an EAN payment, a fee of DKK 7.50 will be charged.
- Defects and complaints
7.1 The rules of the Danish Sale of Goods Act apply, except for the following under clauses 7.2 and 7.3.
7.2 The Seller's liability for defects is limited to replacement. If it is not possible for the Seller to make a replacement delivery, the Seller will send a credit note to the Buyer.
7.3 A number of Seller's products are natural products extracted from natural pigments and plant oils, and the products are custom-made by hand. Since this is a natural product, there may be differences in shades when mixing the same colour several times. This does not constitute a defect.
7.4 The Buyer is referred to the directions of use and manuals, which are available on the Seller's website.
7.5 The Seller shall not be liable for any loss incurred by the Buyer as a result of any defect, including indirect loss resulting from defective delivery, such as operating loss, loss of profit, daily fines or other consequential costs.
- Product liability
8.1 Buyers should be aware that cloths containing linseed oil may self-ignite. The cloths should be drowned in a bag of water immediately and then disposed of in the usual way.
8.2 The Seller is not liable for personal injury or property damage caused by improper use of the product.
8.3 In the event of damage to goods which, by their nature, are intended for commercial use, the Seller is liable in accordance with the following rules: The Seller is not liable for damage to real or personal property that occurs while the goods are in the buyer's possession. In other respects, the Seller is only liable for damage to immovable and movable property if it is proved that the damage was caused by fault or neglect on the part of the Seller or others for whom the Seller is responsible. The Seller is also not liable for damage to products manufactured by the Buyer or to products in which these are incorporated. The Seller is also not liable for operating losses, lost profits or other indirect losses. To the extent that the Seller may be held liable for the product to third parties, the Buyer must indemnify the Seller to the extent that the Seller's liability is limited under these provisions.
8.4 In the event of personal injury caused by the products and in the event of damage to objects which, by their nature, are usually intended for non-commercial use, the Seller is liable in accordance with the rules of the Danish Act on Product Liability.
8.5 If a third party makes a claim against one of the Parties for liability under this provision, that Party must promptly notify the other Party.
- Collection of customer data
9.1 Customer data is stored for all purchases made on the Seller's website. In addition, the Buyer can choose whether customer data should be saved for future purchases for a longer period of time, so that the order form is automatically filled in with customer data at the next purchase. Customer data collected in connection with a purchase will only be used and stored in connection with the Buyer's order and for correspondence with the Buyer in that connection, as well as for shipping unless otherwise agreed with the Buyer. Data is primarily collected to identify the Buyer, such as name, address, telephone number and e-mail, and possibly company name, CVR and EAN number if the Buyer wants to be identify as a company. To store the shopping cart in connection with the purchase and by saving customer data for later purchases, data keys will be stored in cookies on the Buyer's PC which can identify the Buyer. In connection with any electronic payment, the Seller does not store any credit card details. Only at the moment of payment, financial information has to be transmitted to NETS to a certain extent. This is done with maximum security measures via an encrypted SSL connection according to NETS regulations. Pursuant to the Danish Personal Data Act, the Seller must upon request provide information about registered data and on the basis of any objections, the Seller must carry out deletion to the extent requested.
- Complaints, jurisdiction and applicable law
10.1 In the case of a consumer transaction, the Buyer has the option of bringing a
dispute before the Danish Centre for Complaint Resolution, Nævnenes Hus, Toldboden 2, 8800 Viborg. The Buyer can complain to the Danish Centre for Complaint Resolution via the complaints portal of the Danish Appeals Boards Authority at www.kpo.naevneneshus.dk.
10.2 Consumers living outside Denmark can lodge a complaint with the European Commission's online complaints portal. Complaints should be submitted to www.ec.europa.eu/odr. When submitting a complaint, the Buyer must provide the Seller's e-mail address: info@linolie.dk.
10.3 Any legal disputes must be settled by the District Court of Sønderborg.
10.4 The legal relationship is subject to Danish law.
10.5 In the case of a consumer transaction where the Buyer is not resident in Denmark, these terms and conditions of sale and delivery and Danish law apply, unless there are mandatory statutory provisions that provide otherwise in the country where the Buyer is resident