File no. 1775
The terms and conditions below shall apply to all purchasing of goods from the Online Shop of DABOTEK ApS (in the following called “DABOTEK”) from the website www.dabotek.eu.
Unter diesem Link finden Sie die deutsche Fassung der allgemeinen Geschäftsbedingungen.
Her finder De den danske udgave af DABOTEKs handelsbetingelser.
When placing an order, the customers accept these general terms and conditions of trade. DABOTEK encourages customers to print and save these terms and conditions. However, the terms and conditions will always be available at www.dabotek.eu.
1. Receipt of order and conclusion of agreement
1.1 Order procedure
Immediately before finally placing an order, the customer will be able to see the total price of the goods ordered and the costs of delivery. Before finally placing his order, a customer will be given the opportunity to correct any incorrectly typed information. The customer places the order by confirming that the information typed in is correct.
Shortly after placing the order, the customer will receive an email sent to the email address specified by the customer, notifying the customer that DABOTEK has received the order.
Such notification includes, for example, the information confirmed by the customer as well as information on order number and expected date of dispatch.
The customer is encouraged to examine the notification and to notify the Online Shop of DABOTEK if, in the opinion of the customer, such notification is not in compliance with the order placed. DABOTEK recommends that the customer saves and possibly prints out the notification.
Subsequently DABOTEK sends an order confirmation to the customer’s email address. A binding agreement between the customer and DABOTEK is deemed to have been concluded when DABOTEK has sent off the order confirmation, always provided that the reservation in clause 7.2 remains in full force and effect. DABOTEK, however, shall notify the customer as soon as possible if a reservation under clause 7.2 is invoked, for example that DABOTEK is out of stock of the goods in question. The prices stated in the order confirmation apply to the order in question.
It is the responsibility and the liability of the customer that the data entered concerning the customer are correct as DABTEK does not subsequently check such data.
When the customer’s order has been executed, DABOTEK notifies the customer thereof by email.
1.2 Invoice
Once the customer’s order has been executed, DABOTEK forwards an invoice by email. Moreover, a paper-based invoice will be forwarded together with the goods.
2. Prices and payment
2.1 Prices and currencies
The price applicable is the price stated in the order confirmation for the goods in question. Payment for the goods is to be settled in the currency appearing from the website and the order confirmation.
In the event of delivery outside the EU, the customer's national customs authorities will sometimes levy customs duties and local VAT as well as other taxes on the goods. DABOTEK shall not be responsible for whether or not the national customs authorities levy such duties and taxes, and it is the sole responsibility of the customer to pay these duties and taxes, even though this is not specified in the order confirmation or the invoice as they are of no concern to DABOTEK.
2.2 Costs of delivery and packaging
On every order for goods placed via the website, an additional charge will be added to cover costs of delivery. The costs of delivery will appear from the order confirmation and the invoice sent to the customer.
Packaging is included in the prices.
2.3 Late payment
The amount falls due for payment as described in the order confirmation and the invoice. In the event of late payment, a reminder fee of DKK 100.00 will be charged for each reminder. DABOTEK sends out three reminders at a maximum, and after that the claim will be placed for collection.
Default interest will accrue as from the time of maturity at the rate stipulated in the Danish Act on interest payment [renteloven] until payment is made.
3. Delivery
3.1 Place and method of delivery
Delivery takes place at the address stated by the customer. The dispatch takes place by means of Post Danmark A/S or by another recognised carrier.
3.2 Time of delivery
The estimated time of delivery is usually 2-3 days in Denmark, up to 7 working days within the EU and up to 16 working days in the rest of the world calculated from the time of the customer’s receipt of invoice and dispatch information. As DABOTEK is not in a position to vouch for local delivery services, DABOTEK cannot specify for certain when the goods will be delivered at the customer's address.
If the dispatch of the order is delayed, DABOTEK notifies the customer thereof as soon as possible via the email address specified by the customer.
4. Right of withdrawal
4.1 Non-consumer transactions
Customers who are not consumers in the sense of the Danish Act on consumer transactions [forbrugeraftaleloven] shall have no right of withdrawal.
4.2 Consumer transactions
4.2.1 14 days’ right of withdrawal
In the event that the customer wants to withdraw from a purchase, DABOTEK grants full right of withdrawal for 14 days calculated from the date of receipt of the goods. Goods can thus be returned to the Online Shop of DABOTEK at the address stated in clause 4.3 provided that the customer hands in the goods to a carrier for dispatch to DABOTEK not later than 14 days from the customer’s receipt of the goods. The customer is encouraged to secure for himself proper documentation that the goods have been returned in due time and in a proper manner. The exercise of the right of withdrawal shall be subject to the goods being essentially in the same condition as when supplied and subject to the same quantity being returned.
The customer may also exercise his right of withdrawal by omitting to take delivery of the goods or by omitting to collect the goods from the post office etc.
4.2.2 Return of goods
If goods are returned, such goods are to be accompanied either by an order confirmation, invoice or similar documentation in original or as a copy with specification of the customer’s account into which the purchase price may be transferred.
The customer himself shall defray all costs of dispatch in connection with returning the goods.
When the return goods have been received by DABOTEK in an undamaged state, the purchase price will be refunded to the customer for the goods in question, inclusive of the original costs of delivery. The amount will be transferred immediately after DABOTEK has checked and accepted the goods returned. The purchase price will usually be refunded within a period of not more than 30 days from receipt of the goods.
In the event of orders dispatched to countries outside the EU, any local customs duties, VAT and other taxes paid by the customer will not be refunded to the customer.
4.3 Return address
All notifications to the Online Shop of DABOTEK concerning the right of withdrawal and return goods are to be sent to the following address:
DABOTEK ApS
Birkedam 10 C
6000 Kolding
Denmark
5. Defects - notice of defects
The customer is encouraged to inspect and examine the goods immediately upon receipt, including to check whether the goods are damaged and whether the goods are consistent with the goods for which an order was placed.
To the extent that product descriptions and manuals for the goods are available, such descriptions and manuals will be enclosed in the consignment and the customer is encouraged to acquaint himself with manuals prior to use and to follow any recommendations on maintenance of the goods.
5.1 Business transactions
Notice of any defects in the goods is to be submitted not later than 6 months from the date of invoice. Any replacement delivery or repair does not result in a new period within which notice of defects in the goods must be given.
5.2 Consumer transactions – 24-months liability for defects for all goods
DABOTEK is liable to the customer for defects in all goods for a period of 24 months. The customer thus cannot invoke liability for defects appearing any later than 24 months after delivery of the goods.
5.3 Notice of defects and return of goods
Notice of any defects is to be made in compliance with the Danish Sale of Goods Act [købeloven].
The right to invoke liability for defects in the goods shall apply solely to defects existing at the time of delivery. Damage, including wear and tear, arising as a result of use that is inconsistent with the user/maintenance manual or otherwise arising after the goods have been received by the customer shall not be covered by the right to invoke liability for defects.
The return of defective goods where DABOTEK is liable for the defects, including in connection with repair or replacement delivery, takes place at the account of DABOTEK, but at the customer's risk. The customer is therefore encouraged always to pack the goods properly when returning them. In connection with the return of goods, the customer is always to describe the defect in question. The customer is encouraged to enclose a copy of the order confirmation and the invoice.
Return goods are to be sent to:
DABOTEK ApS
Birkedam 10 C
6000 Kolding
Denmark
5.4 Repair and replacement delivery
If, during the period within which notice of defect must be given, it turns out that the goods are defective and DABOTEK is liable for such defects, DABOTEK undertakes to remedy such defects within reasonable time.
If it turns out to be impossible to repair the goods – or if repair is deemed inexpedient by DABOTEK – DABOTEK undertakes to supply new non-defective goods after receipt of the defective goods.
Moreover, DABOTEK undertakes to refund any documented costs defrayed by the customer in connection with any return of goods.
In the event than neither repair nor replacement delivery is possible, DABOTEK shall refund the purchase price to the customer, inclusive of the customer's costs of returning the goods.
5.5 Liability
DABOTEK undertakes no liability towards the customer other than what appears from the clauses above. DABOTEK shall in no case be held liable for indirect loss, inclusive of loss of operation, loss of profit or consequential damage.
6. Personal data
6.1 Processing of personal data
DABOTEK is subject to the Danish Act on Processing of Personal Data [persondataloven], and all processing of personal data shall take place in compliance with said Act. According to the said Act, DABOTEK is deemed to be responsible for the data registered on customers and visitors at www.dabotek.eu.
No personal data registered by DABOTEK will at any time be transferred, sold or made available to any third party. All information will be stored in a safe manner and will be accessible only by trusted officers at DABOTEK or by DABOTEK’s partners in connection with handling of the order.
When purchases are made via the website, the customer is requested to state his name, address, phone number and email address. Such data are necessary in order to handle the order and will be used solely for handling the order.
The customer may optionally have his email address included in a mailing list at DABOTEK so that the customer will regularly receive news and other information from DABOTEK. The customer himself can choose to subscribe and unsubscribe to such service at any time.
The customer may contact DABOTEK, cf. the information provided in clause 11 below, if the customer wants to know which data have been registered and are handled in relation to the customer in question. On the basis of any objections, DABOTEK will erase or correct information to the extent requested by the customer provided that this does not prevent fulfilment of the purchase order or constitute a violation of any statute.
6.2 Marketing
Information on the customers is used only by DABOTEK for handling of the customer's order and for informing the customer in the event that any unforeseen problems may arise in connection with delivery of the order.
DABOTEK will under no circumstances pass on information on the customer to any third party. Nor will DABOTEK use the information for marketing purposes, including for sending advertisement emails unless this has been accepted by the customer.
6.3 Erasure of data
Information on the customer’s order and any other customer data will be kept for 5 years unless Danish law may stipulate that information and data are kept longer, and after that such information and data will automatically be erased unless still relevant to DABOTEK, for example to ensure correct handling of any notice of defects.
7. Miscellaneous provisions
7.1 Contact details for the Online Shop of DABOTEK
Please use the contact information below for questions concerning the Online Shop of DABOTEK:
DABOTEK ApS
CVR No. 17072692
Birkedam 10 C
6000 Kolding
Denmark
Email:
7.2 Reservation for printing errors etc.
DABOTEK makes reservations for printing and pictorial errors, DABOTEK being out of stock of the goods in question, changes in VAT and duties and delay or defective delivery as the result of force-majeure events.
7.3 Invalidity
In the event that part of these terms and conditions are deemed unlawful and invalid, this shall not affect the validity and the enforceability of the remainder of the terms and conditions.
8. E-marketing
8.1 Newsletter
Customers have the option of subscribing for DABOTEK’s newsletters (email advertisements). The newsletter contains information on DABOTEK and its products, relevant offers, campaigns etc.
Customers will receive the newsletter only if they have explicitly accepted this and customers can subsequently decide to stop subscribing for the newsletter at any time.
9. Special provisions applicable to commercial traders
These terms and conditions shall also apply to orders placed by commercial traders where the customer buys as part of his business, subject to the following modifications, however:
- No right of withdrawal, cf. clause 4.1, shall apply to commercial traders.
- The period within which notice of defects must be given is 6 months from the original invoice date. Replacement or repair shall not result in any such new period.
- DABOTEK reserves title to the goods sent to the customer until the full purchase price has been received.
10. Applicable law and venue
Disputes arising out of or in connection with orders placed via the Online Shop of DABOTEK, inclusive of notice of defects, shall be governed by Danish law, and any legal proceedings shall be instituted before the local court of DABOTEK, unless mandatory provisions stipulate otherwise.
11. Information on DABOTEK ApS
DABOTEK ApS
CVR No. 17072692
Birkedam 10 C
6000 Kolding
Denmark
Telephone: +45 75 505 666
Fax: +45 75 504 795
Email:
