TERMS AND CONDITIONS TRADEMARK LIVING A/S
PER JUly 1ST 2019
Conclusion of agreements
These general terms and conditions apply to any purchase of Trademark Living A/S’s products. Trademark Living A/S reserves the right to withdraw or amend the terms and conditions from time to time, without notice and with clear statement of new date of entry into force. The applicable terms and conditions are stated on our homepage www.trademarkliving.dk. Our customers should check this page regularly to take notice of any changes we may have made to the terms and conditions. The date on the order confirmation from Trademark Living A/S decides which version of terms and conditions applies.
Any variation of the stated terms is only possible through explicit written agreement by Trademark Living A/S.
By purchase of goods from Trademark Living A/S you agree to further communication being sent electronically to the e-mail address you have supplied. Thus you accept that electronic messages have the same legal effects as messages sent by ordinary mail.
PLEASE NOTE: Some mail services categorize our emails as spam. Please remember to check your spam filter, if you cannot find our emails.
Login for our web shop
As a customer of Trademark Living A/S you have received a personal login for www.trademarkliving.dk
Products purchased from Trademark Living A/S
Agreement of purchase from Trademark Living A/S can be in either English, German or Danish. Any agreement of purchase refers to the current general terms and conditions. Any order placed is considered final when it has been confirmed by Trademark Living A/S. After completing your order, you will receive an order confirmation within few days by e-mail to the e-mail address you have supplied. The order confirmation consists of order number, name and address of buyer, delivery address and a specification of the ordered goods.
It is very important that you inform us when ordering (or at least before we ship your goods), if your company is closed at certain days, has special opening hours, or if you have other requests concerning delivery. Please check the order confirmation and note that the specification does not include freight costs.
Estimated delivery costs stated in connection with web orders, offers and confirmations are not final. The final delivery cost is determined only when dispatching the order based on actual weight and volume.
Terms of payment
For new customers: Prepayment according to the submitted proforma invoice before delivery.
For existing customers: All orders above DKK 25,000/EURO 3.300 are settled in advance with a proforma invoice of 50% before sending the order until otherwise agreed. General payment terms in other cases: 14 days net from invoice date – the day the order is shipped from stock.
When ordering customized articles or manufactured special items, Trademark Living A/S will request prepayment. Trademark Living A/S reserves the right at any time to request prepayment.
For all new customers the first order must amount to a minimum of DKK 3,500.- / EURO 500.- excl. VAT.
For any follow-up order under DKK 2,000.- / EURO 270.- excl. VAT - Trademark Living A/S charges an administrative fee of DKK 250.- / EURO 35.- This does not apply for back orders or additional orders to an existing order.
When ordering entire containers, there are separate sales and delivery terms.
These can be obtained from Trademark Living A/S.
Retention of ownership
Ownership of the supplied goods is the right of Trademark Living A/S until the entire amount, incl. of any accrued interest and costs, is paid.
Inventories can be dispatched within a few working days. Delivery of inventories is subject to order confirmation and any special conditions will be specified. Unless otherwise agreed, Trademark Living A/S will arrange for delivery through a forwarding agent chosen by Trademark Living A/S. The forwarding agent will notify you on the day of delivery. I.e. you will receive a mail or a text message that your shipment is out for delivery that day. Since your items are already loaded on the truck and on their way to you, it is impossible for you to change the date of delivery.
Delivery will be made to the address supplied by the buyer and it is buyers’ responsibility that the delivery place is accessible. Should the forwarding agent try to deliver your goods in vain, because your goods reception is closed, extra costs of 80% of the freight amount will be charged to you.
Trademark Living A/S has no obligations toward reporting tariffs, taxes or other.
All items from Trademark Living A/S are sold EX WORKS, i.e. freight costs for each shipment will be invoiced to the buyer.
Facts about your purchase
Items from Trademark Living A/S are basically divided into three categories:
1. Original, old items
2. Partly newly manufactured semi handmade items made of recycled materials
3. Newly manufactured, semi handmade items made of new or used materials
Please notice: When purchasing any of our items from the above mentioned categories we draw your attention to the fact that no two items necessarily are identical despite the same item number. There will be differences in shade colour and size from one item to another. This means, that you will have to expect differences to the item seen on our homepage, at our showroom or at a fair. Trademark Living A/S therefore cannot guarantee that the purchased item is identical to the item seen.
As for items made of wood, we draw your attention to the fact that wood is a living material, which will change over time. Wood adapts to the surroundings and small cracks may appear between the wood grains. Items that consist of iron will eventually convert to rust.
Purchase of items with leather, please be aware that leather is a natural product, and there will be variation in both color, appearance and surface. Small scratches and scars are natural and not production defects. Due to the processing process, leather goods can smell a little, but it will decrease over time.
Please note our goods in general are not manufactured for outdoor use.
All products in the web shop are listed with “in stock” - ”few in stock” - “temporarily out of stock.” In some cases, the goods might have been sold to someone else, before your order is processed.
Products delivered by Trademark Living A/S are unique. Conferring to the above stated Trademark Living A/S cannot validate claims solely based on discrepancies between the seen - and purchased item.
We encourage you to check the delivery of cargo damage, to note the number/amount immediately on receipt and before signing the consignment note. Any defects or damages must be noted on the consignment note. Please remember to retain the original packaging, as goods are to be returned in original packaging if complaints or damages should arise.
In case of inaccurate delivery or damaged goods we urge you to contact Trademark Living A/S within eight days of receiving the goods. Trademark Living A/S will only accept complaints that are sent by e-mail and accompanied by image documentation of the damaged goods.
As a login customer at Trademark Living A/S, you have the option of selecting newsletters that are sent on a regular basis. Newsletters are sent to the contact person provided by registration. You can unsubscribe at any time.
Trademark Living A/S is an independent company and Trademark Living A/S does not give information to unauthorized parties. Trademark Living A/S keeps customer data safely. Any information given in connection with purchase from Trademark Living A/S is kept by Trademark Living A/S, in order to be able to provide the best service for our customers before and after delivery of goods.
Trademark Living A/S accepts no liability for typographical errors, pricing errors, colour deviations of pictures etc. Trademark Living A/S also subjects to VAT and duty changes, price changes and sold out products. Any offer is valid while stock lasts.
Transfer of rights and obligations
Information given to Trademark Living A/S will only be used in house. It will not be sold or given to third parties.
Trademark Living A/S is not responsible for any delay and/or defects due to circumstances beyond the reach of Trademark Living A/S’ control and which either could not or should not have been considered before entry of agreement, such as war, import or export ban, labour disputes, fire or other.
Any disputes between customer and Trademark Living A/S are decided in Danish courts under Danish law and Trademark Living A/S’ home as venue.
Should any provision of these general terms and conditions or any provision in other agreements between the customer and Trademark Living A/S be or become invalid, it does not affect the validity of all other provisions or agreements.
General Data Protection Regulation (GDPR)
All customers with a login agree to Trademark Living A/S collecting the company's general information. It concerns the following:
- Company name
- VAT no.
- Address, zip code. and city
- Telephone number.
- Type of business
In addition to the above general business information, we also collect information about the person (s) representing the company. In the case of:
- Contact Name
- The contact's phone number. and / or mobile no.
- The contact's email address
The general business information and personal data we collect will be stored in a customer database contained in our IT system.
How long do we keep personal data?
As a customer at Trademark Living A/S, we as documentation require your company's general contact information as well as the personal data with which you represent the company. All information is stored in our IT system.
When personal data is no longer relevant, all personal information about you will be deleted.
What do we use personal data for?
The personal information we collect about you is used to fulfill the agreement your company has entered into to be a customer of Trademark Living A/S.
Transmission of personal data in connection with delivery of orders.
Trademark Living A/S collaborates with several freight companies that handle freight by order, and in this connection we forward both your company's general information and your personal data to the freight company for the purpose of serving you as a customer.
When you register as a Trademark Living A/S customer, you agree that we must forward your personal data to relevant partners.
Use of data controllers
Trademark Living A/S makes use of external data controllers that process information about you and the company you represent. These are administrative purposes in connection with the retention of information in our IT system.