Terms and Conditions
1. In general
These Conditions of Sale (”The Conditions”) apply to each and every request for Goods, all Orders, and Purchases of Goods and Services placed by a customer (”The Buyer”) and accepted by LAKOR ApS (“The Seller”). Unless otherwise specifically agreed and approved by the Seller in writing no other terms or conditions submitted by the Buyer shall apply to the Order.
- ”Order” shall mean a Request for Goods from the Buyer that is accepted by the Seller, no matter if the Goods are for immediate delivery or a Pre Order.
- “Goods” shall mean the goods delivered from the Seller to the Buyer in an Order.
- ”The Wholesale Webshop” shall mean the Sellers B2B webshop platform accessible for registered wholesale Buyers.
- ”Supplementary Order” shall mean an Order for immediate delivery.
- ”Pre Order” shall mean an Order for delivery 30 days or later from the date of Order.
- “Free Shipping” shall mean The Seller will pay for the cost of shipping the Goods to the Buyer. This is applicable to a Supplementary Order of 500EUR ex VAT or more, and applicable to a Pre Order of 2.000EUR ex VAT or more.
- ”Staff Clothing”: Goods from the Seller for use of employees at the Buyer.
(i) No request of goods or orders from the Buyer are binding from the Seller until the Order is approved formally by the Seller.
(ii) The Seller can approve an Order in writing to the Buyer, or by directly shipping the Goods and packing list to the Buyer, in which case an Order is approved at the time of shipment of Goods from the Sellers warehouse.
(iii) When an Order is approved by the Seller the Order cannot be cancelled or changed by The Buyer unless the Seller approved such change formally in writing.
(iv) No Sales Agent is authorized to enter any obligation for the Seller in any way or form without approval from the Seller. All Orders, Conditions, documents and correspondingly must be approved in writing by the Seller.
3. Delivery and Risk
(i) Unless otherwise agreed in writing all Goods will be delivered with a transporter appointed by the Seller. The agreed upon prices in an Order are exclusive of shipping cost and the Seller will invoice an extra shipping fee of 20EUR ex VAT pr order unless the condition for Free Shipping are fulfilled. If terms of Free Shipping are fulfilled the agreed upon prices are inclusive of shipping.
(ii) Delivery of Goods by the chosen transporter will be to a location appointed by the Buyer in which case the risk of damage and loss of Goods are transferred to the Buyer at the time of delivery. The Seller has no responsibility to insure the Goods after delivery.
(iii) All mentioned dates of delivery are expected and non-binding. The Seller has to liability for direct or indirect losses the Buyer should have as a result of later delivery than the date originally stated by the Seller.
(iv) The Seller can choose to split an Order in multiple shipments at different dates and invoice the Buyer gradually as the Goods are being delivered. If the Seller cannot deliver and Order in full it does not give the Buyer the option to cancel the entire Order, but only the Goods that the Seller are not able to deliver in the affected Order.
(v) If the Buyer does not manage to denies to take delivery of an Order then the Seller can choose:
(a) to invoice the Buyer the added costs this will inflict the Seller, such as but not limited to insuring the Goods, storing the Goods, shipping the Goods and correspondingly.
(b) to sell the Goods from the Order to another customer for highest possible price and invoice the Buyer any difference between the agreed upon price in the Order and actual realized sales price.
(vi) Any error or deficiency in a delivery of an Order shall be submitted in writing by the Buyer to the seller within 7 days from delivery.
(i) Unless otherwise agreed upon the Price in an Order is determined by the Sellers current pricelist at the time of ordering the Goods by the Buyer. If an Order is placed by The Buyer in The Wholesale Webshop it is the price in The Wholesale Webshop that is valid.
(ii) The Seller reserves the right for errors in the pricelist or The Wholesale Webshop, which means that the Seller can adjust the Price in an Order at any given time before delivery.
(iii) The Seller reserves the right to increase the Price at any given time before delivery of an Order to the Buyer in the event that factors beyond the Seller's influence lead to a significant increase in the production price for the Seller.
(iv) In the event of a changed price, the Seller must inform the Buyer immediately and the Buyer will have the opportunity to cancel the affected goods in an Order that will be adjusted in price. It is only Goods that are adjusted in price that can be canceled and not the Order itself.
(v) The Seller gives the Buyer the opportunity to buy Staff Clothing at a 20% discount from the current price list at the time of ordering.
5. Invoice and payment
(i) The Seller can invoice the Buyer when an Order is shipped.
(ii) Unless otherwise is agreed in writing by the Seller the payment due date will be 30 days after issuing the invoice.
(iii) Unless otherwise is agreed in writing by the Seller each invoice must be paid in full on the due date.
(iv) If the Buyer does not pay in full on the due date the Seller has the right to:
(a) cancel all outstanding Orders from the Buyer, including Orders previously accepted by the Seller.
(b) Invoice the Buyer suitable interest and reminder fees according to the legislation in force at any time.
(c) Demand return of any unsold Goods delivered from the Seller to the Buyer.
(d) In case of ongoing doubts about the Buyer's ability to pay, the Seller may choose to demand advance payment before delivery of an Order.
6. Sustainability and Social Responsibility
(i) The Seller continuously works toward delivering responsible and sustainable Goods and is at all times obligated by request from the Buyer to show relevant information, material, documentation, or equivalent that can make it clear for the Buyer what impact on the environment and people the Seller's Goods have.
(ii) Unless otherwise agreed upon all Goods delivered by the Seller to the Buyer will entail an obligation for the Seller to plant a SeaTree in collaboration with VeriTree. 1 product equals one tree planted.
(iii) The Seller has a take-back scheme in which the Buyer can choose to participate the following way:
(a) The Buyer collects a minimum of 10pcs of Goods that has the Sellers take-back label.
(b) The Buyer makes available the collected Goods for collection or shipment to the Seller.
(c) The Seller credit the Buyer a total sum corresponding to the sum of take-back credits in the collected Goods.
7. Ownership/Property Right
(i) The Seller has title/lien of sale in Goods delivered from the Seller to the Buyer as security for the purchase price from an unpaid Order.
8. Marketing and Trademarks
(i) The Buyer must not perform, or authorize a third party to perform, any action that would damage or otherwise be inconsistent with the Seller's trademarks or other intellectual property rights and goodwill used by the Seller in relation to Goods in an Order. Specifically, the Buyer or a third party must not cover up, obscure or in any other way remove or add distinctive effects to Goods received from the Seller, unless this is agreed in writing with the Seller.
(ii) All marketing, promotional and in-store material ("Marketing material") provided by the Seller to the Buyer remains the property of the Seller, unless otherwise agreed or the Marketing material in question cannot be easily reused such as stickers, posters, licorice pipes, coffee, etc.
iii) The Buyer must use the Marketing Material as recommended by the Seller and must not, without the Seller's permission, allow 3rd parties or others to use the Marketing Material from the Seller.
(i) Goods are sold to the Buyer according to the Seller's latest specification of the Goods at the time of ordering the Goods. Samples presented by the Seller shall be considered as an average presentation of the goods, and the Seller reserves the right to change the specification and price by notifying the Buyer in reasonable time prior to a delivery. In accordance with Point 4, however, the Buyer will have the option to cancel the Goods which price is adjusted.
10. Warranty, Complaint and Responsibility
(i) Upon delivery, the Buyer must immediately carry out an assessment of the Goods from the Seller. In the event of errors or defects, the Buyer must inform the Seller of this within 30 days from the time of delivery. Goods with faults or defects must be made available for inspection by the Buyer.
(ii) The Seller is not responsible for claims reported later than 30 days after delivery, unless the claim the complaint is due to a product defect which was obviously present at the time of delivery, but only becomes apparent in subsequent use of the product.
(iii) Unless otherwise notified before delivery the Seller guarantees that the ordered Goods will comply with any specification agreed upon at the time of acceptance of an Order.
(iv) The Seller is not responsible for defects that arise as a result of normal use and wear, deliberately inflicted damage, changes to the product, negligence, incorrect use and maintenance, or that the Seller's general recommendations for the product are not followed.
(v) In case of warranty or complaint, the Seller can choose to either send new Goods to the Buyer, or credit the purchase price of the Goods in question in an Order.
(vi) The Seller does not accept the return of Goods from the Buyer other than defective ones unless this has been agreed in writing in advance with the Seller.
(vii) The Seller cannot be held liable by the Buyer for any losses, loss of profit, direct or indirect damages or other liability to the Buyer other than what is specifically mentioned in these Terms and Conditions.
11. Force Majeure
(i) The Seller is not responsible to the buyer in the event of a delay or failure to deliver if this is due to factors outside the Seller's influence and which the seller could reasonably not expect to consider at the time of the Order/agreement.
12. In general
(i) Any typographical, other error or omission in Marketing material, price lists, offers, acceptance of offers, advice or other documents and information from the Seller to the Buyer shall be subject to correction without liability to the Seller.