For deliveries from:
Wiema Sko ApS
Karl Bjarnhofsvej 15
The sales and delivery terms below are applicable to any delivery and any sale from Wiema Sko ApS, unless otherwise required by mandatory legal provisions, or otherwise agreed by the parties. These sales and delivery terms take precedence over any conflicting or inconsistent provisions in purchasers orders/acceptance, including any purchasers general terms.
1. Offers and order confirmation
Any product, any item on the existing website, shall merely be regarded as an invitation to make an offer, by means of which a final agreement is only arranged once Wiema Sko ApS has accepted the customers order.
Any offer from Wiema Sko ApS expires after 14 days, unless a different deadline is specified in the actual offer. A definitive agreement between the customer and Wiema Sko ApS is regarded as having been entered into when the purchaser receives Wiema Sko ApS written order confirmation, and only the content of the order confirmation is binding to Wiema Sko ApS. Wiema Sko ApS will send an order confirmation [by e-mail] as soon as possible, stating customers order number, name and address, method of payment, delivery address and a list of the items ordered. Reservation is made for sold-out items.
The customer is asked to print the order confirmation immediately after receipt, as this may be relevant in connection with exchange, cancellation or complaints. Any drawings, illustrations or similar are only intended as a guide, and Wiema Sko ApS cannot be held responsible for any errors or misinterpretations in such material.
Wiema Sko ApS does not bear any responsibility for any errors and information in delivered written material and products where such material has been prepared by parties other than Wiema Sko ApS, e.g. suppliers. This applies to any form of sales material, descriptions, user instructions, etc.
All sales are at prices applicable on the delivery date, unless otherwise agreed in writing. The prices are applicable ex works Wiema Sko ApS, unless otherwise agreed. Issued pricelists are non-binding and may be changed at any time without notice.
Reservation is made for price increases from Wiema Sko ApS suppliers. Any specified freight rates are non-binding. Changes to freight rates or official charges of any kind that occur after Wiema Sko ApS order confirmation must be borne by the purchaser.
The date of delivery stated in the order confirmation is binding, unless subsequently agreed otherwise in writing.
If nothing else has been arranged, delivery will take place according to Wiema Sko ApS directions. In cases where delivery has been agreed, delivery up to 1 week before or 1 week after the stated delivery date in every respect is deemed punctual delivery.
If the delivery time is longer than 30 days, this is specifically stated in the order confirmation.
Wiema Sko ApS is entitled to postpone delivery in the event of force majeure.
The risk for an item is transferred to the purchaser once the items (ex warehouse) have been loaded onto the selected means of transport, or once the items (carriage paid) have passed the threshold of the vehicle or means of transport during unloading.
If nothing else is expressly stated in our order confirmation or invoice, payment is made according to Wiema Sko ApS applicable general sales terms, in which payment is 30 days net.
When paying by credit card, the money is deducted from the consumers account once the items have been dispatched from Wiema Sko ApS.
The purchase price is payable from the agreed delivery date if the purchasers circumstances may result in delivery to or receipt by the purchaser not being able to proceed as agreed.
In the event of payment after the due date, interest is calculated on the outstanding account including VAT. If no other interest rate has been agreed, interest is presently calculated at 2 % per month on the current outstanding interest-bearing balance including any previously accrued interest. Accrued interest is payable immediately, and any payment is written off accrued interest, and the earliest accrued interest, first. The actual debt is only written off once all outstanding interest has been paid.
In the event of legal debt collection, Wiema Sko ApS is entitled to charge collection charges over and above what is shown in executive order 601 of 12 July 2002 regarding out-of-court collection charges.
5. Limitation of liability
If, after issuing of the order confirmation, circumstances of any kind arise that prevent punctual delivery or result in deficient delivery, and that are not specifically due to negligence or failure on the part of Wiema Sko ApS, including force majeure cf. section 11, Wiema Sko ApS is exempt from liability for fulfilment of the contract.
In the event of deficiencies due to errors or negligence on the part of Wiema Sko ApS, compensation will be paid according to the general rules of Danish law. Indirect losses: operating losses, loss of profit, day fines and similar will not be compensated.
6. Right of cancellation
Business operators can only refuse to accept items on grounds of significant deficiencies by written complaint to Wiema Sko ApS no later than 8 days after delivery, otherwise the purchaser is assumed to have accepted the items. In addition to this, cancellation of, or changes to, an order can only take place with written acceptance from Wiema Sko ApS. In the event of cancellation or changes to orders, Wiema Sko ApS reserves the right to demand full payment as agreed.
When purchasing online, the purchaser has a 14-day right of cancellation for purchase of goods. If the purchaser wishes to cancel their purchase, Wiema ApS grants full right of return. Items that are essentially in the same condition and quantity as when received can thus be returned to Wiema Sko ApS at the above address, or by depositing the item at the post office for forwarding to this address, provided this is done no more than 14 days after the customer received the item. The customer is therefore asked to avoid using any items that are to be returned. Items that are returned must be accompanied by order confirmation, invoice or similar documentation, the original or a copy.
The customer pays the carriage costs connected with returning goods
The sum paid by the purchaser for the item in question, including delivery costs, will be refunded after the item has been returned. Inquiries concerning right of cancellation or return of goods should be made to the following address, telephone number or e-mail address:
Wiema Sko ApS does not provide a guarantee on product deliveries, but refer to point 8 for complaints regarding deficiencies.
If a customer wishes to complain about an item, preliminary contact should be by telephone or e- mail to allow discussion regarding handling of the deficiency.
Consumer purchase: The purchaser has a 2-year right of complaint on all items. Consequently, the purchaser cannot cite faults or deficiencies that arise 2 years after delivery of the item. Any faults and deficiencies with the items received must be cited within a reasonable period of these having been discovered or should have been discovered.
Faulty or deficient items are returned at Wiema Sko ApS expense and risk. In connection with return, the customer must inform Wiema Sko ApS of the nature of the fault or deficiency. Returns or complaints must be to the address given in point 6.
If an item proves to be faulty or defective within the aforementioned time limit, Wiema Sko ApS undertakes to make good such faults within a reasonable time. If it turns out not to be possible - or if Wiema Sko APS deems it not to be appropriate - to repair the item, Wiema Sko ApS will instead undertake to supply a faultless item following receipt of the defective item. Wiema Sko ApS also undertakes to refund the purchasers documented expenses connected with return. If neither repair nor replacement delivery is possible, Wiema Sko ApS will instead refund the purchase price, including the purchasers expenses for return.
Wiema Sko ApS will not assume any responsibility to the purchaser over and above what is stated in the above points; Wiema Sko APS cannot under any circumstances be held responsible for indirect losses or consequential damage, including loss of or damage to data.
Commercial conditions: Immediately on receipt and before commissioning, processing or resale of materials the purchaser must examine these for the purpose of checking for any deficiencies. Complaints about deficiencies (including variations in quantity) that are or should have been discovered by such checks must be submitted immediately and no later than 8 days after delivery of the goods. Notification of defects submitted after this deadline is forfeit.
If deficiencies are discovered for which Wiema Sko ApS is responsible, and which cannot be regarded as negligible, the purchaser is entitled to cancel the purchase agreement for the delivery in question, unless Wiema Sko ApS undertakes replacement delivery without undue delay. If the purchase is cancelled due to deficiencies, the purchaser is obliged to make the delivered items available to Wiema Sko ApS in the same condition as when they were delivered.
If the delivery is very small, Wiema Sko ApS is entitled to undertake subsequent delivery on normal sales and delivery terms, including unchanged price. Wiema Sko ApS does not accept any liability for damages owing to such varied deliveries.
If, within 1 year of delivery of the goods, the purchaser has not informed Wiema Sko ApS that he wishes to cite a concealed deficiency, he cannot subsequently hold Wiema Sko ApS responsible for the deficiency, unless Wiema Sko ApS has undertaken in writing to guarantee the item for a longer period.
9. Responsibility for product liability
As the seller, Wiema Sko ApS is only liable for damage caused by goods sold if it can be documented that the damage is due to a mistake made by Wiema Sko ApS, but cannot be held liable for operating losses, loss of profit or other indirect losses, cf. section 5.
10. Force Majeure
Wiema Sko ApS is exempt from liability for deficiencies or delayed fulfilment of agreements resulting from force majeure, war, riots, civil disturbances, government intervention or intervention by official authorities, fire, strikes, lock-out, export and/or import bans, non-delivery or defective deliveries from subsuppliers, shortage of labour, fuel or power, or any other cause outside the control of Wiema Sko ApS, and which is certain to delay delivery of the items sold.
11. Reservation of ownership
Right of ownership to the item sold remains with Wiema Sko ApS until the full purchase price has been paid, and consequently, until that point, the purchaser is not entitled to sell, mortgage, hire out, lend, give away, deposit or in any other similar way dispose of the delivered goods.
12. Personal data
Wiema Sko ApS handling of personal data complies with the Danish Data Protection Act. The purchaser can contact Wiema Sko ApS for information on what data is held about the purchaser, or if they require information to be deleted or corrected.
Information on the purchaser - name, address, e-mail, etc. - is only used to fulfil the purchasers order and to contact the purchaser if any unforeseen problems arise with the delivery. Wiema Sko ApS does not under any circumstances pass purchasers details on to any third party. Neither does Wiema Sko ApS use information for marketing purposes, including sending of e-mails with advertising content, unless the purchaser has accepted this.
Information concerning the purchasers order and any other purchaser information is kept for 5 years, after which the information is automatically deleted, unless the information is still relevant to Wiema Sko ApS, e.g. in connection with fulfilment of new orders or similar. Information is kept, among other things, in order to ensure correct handling of any complaints.
Any dispute between the parties will be settled, unless otherwise expressly agreed, in the ordinary courts at the City Court or High Court, wherever Wiema Sko ApS may have its venue, and with the application of Danish law, regardless of where the purchaser lives, is residing or runs their business. CISG and Danish International Private Law Regulations are not applicable. If a court were to find any provisions in these terms invalid, this would not affect the remaining provisions.