Lykkesholms Allé 11a
1902 Frederiksberg C, Denmark
Telephone: +45 36 70 14 22
- Unless otherwise expressly agreed in writing, these general terms and conditions of sale and delivery ("Terms") apply to all orders, sales and deliveries of goods and / or services from the Seller.
- The Buyer's sales and delivery conditions do not apply in an agreement for the purchase of Products between the Buyer and the Seller, regardless of the Buyer's reference to these in orders, inquiries and elsewhere.
"Seller" means Toni A/S, CVR no. 40784608, Lykkesholms Allé 11a, 1902 Frederiksberg C, Denmark.
"Buyer" means any company that purchases or otherwise receives Products and/or services from the Seller. The seller only offers sales to authorized plumbing installers or authorized dealers. As a rule, the seller does not offer sales to private customers.
"Products" means any item sold and/or supplied by the Seller.
"Order confirmation" means a written confirmation from the Seller of an order placed by the Buyer and/or a confirmation of an agreement concluded between the Seller and the Buyer.
- All prices for the Seller's goods and/or services are stated exclusive of VAT, customs duties, delivery costs and other taxes that may be imposed on the Buyer's order.
- The applicable prices appear from the Seller's price list, website or from the order confirmation sent to the Buyer at any time.
- All prices are adjusted according to the DKK exchange rate.
- All charges, including VAT and customs duties, are borne by the Buyer.
- The buyer bears all relevant costs for delivery.
- An order can be placed by the Buyer via the Seller's partner shop or via e-mail.
- The Buyer's order is not binding on the Seller until the Seller has sent a written Order Confirmation.
- The order confirmation is the Buyer's documentation for the ordered Products, including the number and price of the Products. The Buyer must immediately report any errors or deviations on the Order Confirmation to the Seller.
- The Buyer's order will be delivered in accordance with the information set out in the Order Confirmation and in accordance with these conditions.
- Payment is made by bank transfer, cf. the instructions and conditions specified on the Seller's website or in the Order Confirmation.
- The Buyer is not entitled to withhold, revoke payment, or set off claims that are invoked by the Buyer but not recognized by the Seller.
- If the Buyer does not comply with the agreed payment terms, the Seller is entitled to cancel the agreement. In the event of cancellation, where the Products have already been delivered to the Buyer, the Buyer is obliged to return the Products in the same condition and quantity as when the Buyer received the Products. The buyer bears all the costs in connection with this.
- If payment has not been made by the due date and the Seller wishes to maintain the purchase, the Buyer is obliged to pay interest on the overdue amount, which is calculated as Danmarks Nationalbank's official lending rate per 1 January 2022 with an 8% surcharge. In addition, the Buyer must pay a reminder fee/administration fee of DKK 800.00 per reminder letter.
- Unless otherwise agreed, the Products are delivered to places other than Denmark in accordance with Incoterms 2020 Ex Works.
- Delivery of an order in Denmark is carried out by GLS. Delivery can be expected between 07:00 and 16:00, but the Seller is not responsible for delivery taking place during this time. Buyer pays the shipping cost.
- Delivery of an order in countries other than Denmark is carried out by GLS or UPS.
- Delivery can also take place upon collection of an order at Toni A/S, Lykkesholm Allé, 1902 Frederiksberg C, Denmark. Collection from the Seller is possible after written confirmation of this.
- The delivery time is calculated from the date on the Order Confirmation. The delivery time may vary, as the Products are handmade, but the Seller endeavors to deliver the Products as soon as possible.
- The seller can deliver built-in bodies for walling in before delivery of the buyer's total order. This requires a written agreement between the Seller and the Buyer.
- The seller is not responsible for delays caused by force majeure, such as, but not limited to war, strikes, lockouts, extreme weather and natural disasters, import bans, epidemics, etc. Should such types of delays occur, the delivery time will be extended proportionately.
- If the Buyer does not comply with the agreed payment terms, cf. points 5.1-5.4, the Seller is entitled to refuse to deliver the Products.
- If the Buyer wishes to return the Products, the Buyer must notify the Seller within 14 days of delivery that the Buyer regrets his purchase and wishes to return the Products.
- The Buyer can return purchased Products to the Seller, provided that the Products are returned in original packaging and that the Products are in undamaged and unused condition. As the Seller produces the Products after receiving the order, the Buyer will only receive 50% of the purchase price back. If the Products are not returned in accordance with point 7.2, the Seller is entitled to make a proportional discount in the purchase price in addition to the 50% discount, cf. above.
- Returns must be made to Toni A/S, Lykkesholm Allé 11A, 1902 Frederiksberg C, Denmark.
- The products must be in the hands of the Seller 14 days after the Buyer has notified the Seller that the Buyer wishes to cancel his purchase. In the event that this deadline is exceeded, the Seller may refuse to receive the Products, and the Buyer is not entitled to claim back his payment for the Products.
- The Seller will repay the amount without undue delay, and no later than 14 days from the date the Seller has received adequate and sufficient documentation that the Buyer has returned the Products. If the Seller does not receive such documentation, 14 days are counted from the date on which the Seller has received the returned Products.
- The Buyer bears all costs and bears the risk of returning the Products until the Products are in the hands of the Seller.
Complaints, defects and delays
- In connection with delivery, the Buyer is obliged to immediately carry out a thorough and appropriate examination of the delivered Products.
- If the Product suffers from a defect, the Buyer must notify the Seller immediately after delivery if the Buyer wishes to claim the defect.
- The Buyer's right of complaint does not cover errors, damage, wear or other defects as a result of incorrect operation, poor maintenance, violence, unauthorized intervention, failure to comply with the instructions for use or other conditions for which the Buyer is responsible.
- If the Seller acknowledges a defect, the Seller can choose between (i) leaving the defect
remedy by the Seller, (ii) exchange the Product, or (iii) cancel the order.
- The Seller is only obliged to remedy defects or exchange the Product, if (according to the Seller's assessment) it is not found to be disproportionately costly for the Seller.
- In the event of a complaint, shipping costs for returning the Product are borne by the Seller.
- Regardless of the Seller's liability under this point, the Seller's maximum liability will not exceed DKK 100,000.00.
- If the Seller is delayed in delivering an order, the Seller can postpone the delivery by up to 30 days without liability. If there is still a delay thereafter, the Buyer can choose to cancel the purchase. In this situation, however, the Buyer cannot claim compensation if the Seller repays the purchase price.
- Assembly is not included in or part of a delivery of the Products, unless otherwise stated on the Seller's website or in a written agreement between the Seller and the Buyer.
- The Seller retains full ownership of the Products until payment by the Buyer has been made in full.
- For product liability, the rules applicable at all times in Danish law apply.
Jurisdiction and choice of law
- These general sales and delivery conditions, order confirmations, agreements and / or transactions to which these conditions apply are subject to Danish law, and must be enforced and interpreted in accordance with Danish law.
- In the event of inconsistency between the United Nations Convention on Contracts for the International Sale of Goods (“CISG”) and these General Terms and Conditions of Sale and Delivery, these Terms and Conditions of Sale and Delivery shall prevail.
- Any dispute that may arise between Buyer and Seller, including any dispute regarding the validity of these conditions, must be settled by Copenhagen City Court in the first instance with the usual right of appeal. The seller can, however, choose that the case must be decided by arbitration administered by the Danish Arbitration Institute in accordance with the Danish Arbitration Act/Rules for the Arbitration Procedure adopted by the Danish Arbitration Institute. The place of arbitration shall be in Copenhagen, Denmark.