Terms & Conditions

1.1.

These Terms of Sale and Delivery shall apply to any delivery by Elfa Distrelec A/S, business reg. no. "CVR" 33 54 00 19 unless otherwise agreed in writing.

2. Order confirmation

2.1.

Orders are not binding on Elfa Distrelec A/S until the customer has received a written order confirmation from Elfa Distrelec A/S.

2.2.

Orders based on an offer made by Elfa Distrelec A/S are binding provided that Elfa Distrelec A/S has received an unqualified acceptance from the offeree within the time stipulated for acceptance.

3. Delivery and passing of risk

3.1.

All deliveries basically take place from the Group's central warehouse in Holland to the place of destination specified by the customer in compliance with the transport clause "Carriage Paid To" (CPT) (Incoterms 2010). Delivery thus takes place at the expense of Elfa Distrelec A/S to the place of destination, and the risk in respect of the delivery passes to the customer when Elfa Distrelec A/S delivers the goods to the first carrier.

3.2.

Elfa Distrelec A/S aims at a delivery time of 3 working days at a maximum for goods in stock at Elfa Distrelec A/S's central warehouse. However, delivery times are approximate and not binding unless otherwise agreed in writing. If necessary, Elfa Distrelec A/S is entitled to extend any agreed time for delivery by up to 30 days subject to prior written notification to the customer. The customer is not to be entitled to terminate the agreement without notice owing to delay on the part of Elfa Distrelec A/S until such extended period for delivery has expired.

3.3.

Goods that are in backorder and therefore cannot be delivered within the customary time for delivery are to be delivered as soon as possible. Delivery of backorders is free of carriage.

3.4.

Elfa Distrelec A/S shall not in any way be liable for delays, regardless of whether or not the customer is entitled to terminate the agreement without notice, unless Elfa Distrelec A/S's delay is caused by gross negligence or wilful behaviour on the part of Elfa Distrelec A/S. This applies to any loss caused by the delay, inclusive of loss of profit, loss of operation, loss of earnings, claims raised by third parties and other direct or indirect loss.

3.5.

All deliveries are dispatched as business parcels. Elfa Distrelec A/S is entitled, at the customer's expense and risk, to dispatch deliveries weighing more than 35 kg or requiring particularly careful handling in another manner deemed more appropriate by Elfa Distrelec A/S.

4. Prices

4.1.

The purchaser's order is taken at the price appearing from Elfa Distrelec A/S's price list in force at any time. Elfa Distrelec A/S makes reservations for any printing or calculation errors therein.

4.2.

All prices in the price list in force at any time are stated in DKK exclusive of VAT, customs, freight, duties, charges etc.

4.3.

The current price list at any time may be altered by Elfa Distrelec A/S without notice.

5. Payment and interest

5.1.

Payment must be made within 15 days from the date of invoice unless otherwise agreed in writing.

5.2.

In case of delay in payment, interest is added at the rate of 1.5 % per month or fraction of a month as from the date of maturity until payment is made.

5.3.

In the event that reminders are issued, a fee of DKK 100.00 inclusive of VAT is charged for each reminder, which fee will be added to the overdue balance owed by the customer.

5.4.

The customer is obliged to make payment in full and is therefore not entitled to retain any part of the purchase price or to make a set-off against any part of the purchase price, regardless of the reason for this.

5.5.

Any delay, retention or set-off of payment shall be deemed to constitute a material breach of the agreement. In the event of delay in payment or non-payment, Elfa Distrelec A/S is - in addition to the general remedies for breach under Danish law - also entitled to postpone and/or retain any subsequent delivery and to make a set-off against any other outstanding account with the customer.

6. Reservation of title

6.1.

Elfa Distrelec A/S reserves its title to any delivery, and the customer is obliged to store the deliveries separately from other goods and to label the deliveries "Elfa Distrelec A/S" until the delivery has been paid for in full.

7. Complaint

7.1.

The customer is to check the delivery immediately upon receipt. Claims relating to defects, delay, product liability and other claims, inclusive of claims for damages, are to be made in writing to Elfa Distrelec A/S not later than 3 days after the customer's receipt of the delivery. Complaints must always include a specification of the defect in question.

8. Return goods

8.1.

Cancellation and return of products ordered and/or delivered, cf. clause 3, may take place only subject to agreement with Elfa Distrelec A/S.

8.2.

In such case, products may be returned only in undamaged original packaging with invoice enclosed. Products are always to be returned carriage paid.

9. Limitation of liability

9.1.

Elfa Distrelec A/S shall not be liable for deviations in measurements and appearance compared to Elfa Distrelec A/S catalogue specifications as such specifications are only indicative.

9.2.

Elfa Distrelec A/S's liability for defects, inclusive of liability for advice provided on products, the use of the products etc. is limited to replacement delivery or remedial action. The customer's right to replacement delivery or remedial action is subject to the customer having made a complaint in compliance with clause 7.

9.3.

Elfa Distrelec A/S shall not be liable for any kind of consequential damage or indirect loss, including but not limited to disruption of production as well as loss of profit, proceeds, goodwill or data.

9.4.

In monetary terms, Elfa Distrelec A/S's liability for loss or damage shall be limited to a maximum of 50 % of the purchase price which the customer has paid for the goods on which the claim is based. Notwithstanding the size of the purchase price, Elfa Distrelec A/S's liability can in no case exceed the total sum of DKK 20,000.

9.5.

Elfa Distrelec A/S undertakes no liability that the products delivered can be lawfully used for the purpose intended by the customer. The customer is fully liable for the suitability and the use of the products.

9.6.

Elfa Distrelec A/S is liable for damage or injury caused by Elfa Distrelec A/S's products in compliance with the provisions of these Terms of Sale and Delivery; however, such liability is limited to the mandatory provisions of the Danish Product Liability Act. Moreover, Elfa Distrelec A/S shall not be liable for damage which the consignment delivered by Elfa Distrelec A/S may cause to any property. In the event that a third party raises a claim against the customer for product liability concerning products delivered by Elfa Distrelec A/S, the customer is to notify Elfa Distrelec A/S thereof immediately.

10. Force majeure

10.1.

Elfa Distrelec A/S's obligations according to agreement shall be postponed in case of force majeure which means circumstances beyond Elfa Distrelec A/S's control, inclusive of strikes, and circumstances which the parties should not have taken into consideration when concluding the agreement. Circumstances at any of Elfa Distrelec A/S's sub-suppliers which mean that Elfa Distrelec A/S is unable to fulfil its obligations towards the customer and which cannot be overcome without disproportionate costs on the part of Elfa Distrelec A/S shall also be deemed to constitute force majeure.

10.2.

In the event that delivery is postponed owing to force majeure, payment for such delivery is postponed accordingly.

10.3.

Elfa Distrelec A/S is entitled to cancel concluded agreements as the result of force majeure.

10.4.

All the customer's remedies are suspended or lapse in case of force majeure. Neither in case of cancellation nor postponement is the customer entitled to claim damages or to raise any other claim against Elfa Distrelec A/S.

11. Disputes and venue

11.1.

All disputes between Elfa Distrelec A/S and the purchaser shall be governed by Danish law. Any dispute that cannot be solved amicably shall be brought before the courts of law in the jurisdiction of Elfa Distrelec A/S's domicile.

Terms of Sale and Delivery for Consumer Sales

1. Use

1.1.

These Terms of Sale and Delivery shall apply to any delivery by Elfa Distrelec A/S, business reg. no. "CVR" 33 54 00 19.

1.2.

The terms concern agreement on a delivery from Elfa Distrelec A/S to you as a consumer as, when placing your order, you stated that you are not placing orders with or purchasing from Elfa Distrelec A/S as a trader.

2. Order confirmation

2.1.

Orders are not binding on Elfa Distrelect A/S until Elfa Distrelec A/S has sent a written order confirmation to the email address specified by the customer.

3. Delivery and passing of risk

3.1.

All deliveries basically take place from the Group's central warehouse in Holland to the place of destination specified by the customer in compliance with the transport clause "Carriage Paid To" (CPT) (Incoterms 2010). Delivery thus takes place at the expense of Elfa Distrelec A/S to the place of destination, and the risk in respect of the delivery passes to the customer when Elfa Distrelec A/S delivers the goods to the first carrier.

3.2.

Elfa Distrelec A/S aims at a delivery time of 3 working days at a maximum for goods in stock at Elfa Distrelec A/S's central warehouse. However, delivery times are approximate and not binding unless otherwise agreed in writing. If necessary, Elfa Distrelec A/S is entitled to extend any agreed time for delivery by up to 30 days subject to prior written notification to the customer. The customer is not to be entitled to terminate the agreement without notice owing to delay on the part of Elfa Distrelec A/S until such extended period for delivery has expired.

3.3.

Goods that are in backorder and therefore cannot be delivered within the time for delivery specified in clause 3.2 are to be delivered as soon as possible. Delivery of backorders is free of carriage.

3.4.

Elfa Distrelec A/S shall not in any way be liable for delays, regardless of whether or not the customer is entitled to terminate the agreement without notice, unless Elfa Distrelec A/S's delay is caused by gross negligence or wilful behaviour on the part of Elfa Distrelec A/S. This applies to any loss caused by the delay, inclusive of loss of profit, loss of operation, loss of earnings, claims raised by third parties and other direct or indirect loss.

3.5.

All deliveries are dispatched as business parcels. Elfa Distrelec A/S is entitled, at the customer's expense and risk, to dispatch deliveries weighing more than 35 kg or requiring particularly careful handling in another manner deemed more appropriate by Elfa Distrelec A/S.

4. Prices

4.1.

The purchaser's order is taken at the price appearing from Elfa Distrelec A/S's price list in force at any time. Elfa Distrelec A/S makes reservations for any printing or calculation errors therein.

4.2.

All prices are stated in DKK inclusive of VAT, customs, duties, charges etc.

4.3.

Prices may at any time be altered by Elfa Distrelec A/S without notice.

5. Payment and interest

5.1.

The customer is to check the delivery immediately upon receipt. Claims relating to defects are to be made in writing to Elfa Distrelec A/S within reasonable time from receipt of the delivery.

6. Right of withdrawal

6.1.

The customer is entitled to withdraw from the concluded agreement within 14 days after receiving the delivery. If the customer wants to withdraw from the agreement, Elfa Distrelec A/S is to receive written notification thereof before expiry of this withdrawal period. Notification may be given by using the withdrawal form which can be downloaded on www.elfadistrelec.dk, and subsequently Elfa Distrelec A/S will immediately confirm receipt of the notification of withdrawal from the agreement by email (to the email address entered by the customer).

6.2.

When the right of withdrawal is exercised, Elfa Distrelec A/S is to reimburse, free of charge, all payments received from the customer, inclusive of delivery costs (although not any additional costs as a result of the customer's selection of an alternative form of delivery in stead of the cheapest standard delivery offered by Elfa Distrelec A/S) within 14 days from receipt of the notification of withdrawal from the agreement, provided that Elfa Distrelec A/S has received the delivery back from the customer or received documentation that the delivery has been returned. The reimbursement is to be made by the same means of payment as used by the customer for the purchase agreement subsequently withdrawn.

6.3.

In case of withdrawal from a purchase agreement, the customer is to return the goods in question as soon as possible and not later than 14 days after notification to Elfa Distrelec Haslegårdsvej 8-12, 8210 Århus V, that the purchase agreement is withdrawn, cf. clause 6.1. To the extent possible, any return goods are to be returned in undamaged original packaging. The direct costs of returning goods are to be defrayed by the customer (carriage paid). In connection with the return of goods that cannot be returned by ordinary post, the direct costs of returning such goods which are to be defrayed by the customer are expected to amount to DKK 190.00 at a maximum.

6.4.

The customer shall be liable for any diminished value of the returned goods resulting from handling of the goods in any way other than what is necessary to establish the nature, characteristics and functioning of the goods.

7. Limitation of liability

7.1.

Elfa Distrelec A/S shall not be liable for deviations in measurements and appearance compared to Elfa Distrelec A/S’s catalogue specifications as such specifications are only indicative.

7.2.

Elfa Distrelec A/S shall not be liable for defects in the goods delivered other than what follows from the Danish Sale of Goods Act and from the general rules of Danish law. The customer's right to replacement delivery, remedial action etc. is subject to a complaint having been made in compliance with clause 5.1. Elfa Distrelec A/S shall not be liable for any kind of consequential damage or indirect loss.

7.3.

Elfa Distrelec A/S undertakes no liability that the products delivered can be lawfully used for the purpose intended by the customer. The customer is fully liable for the suitability and the use of the products.

7.4.

Elfa Distrelec A/S is liable for damage or injury caused by Elfa Distrelec A/S's products in compliance with the provisions of these Terms of Sale and Delivery; however, such liability is limited to the mandatory provisions of the Danish Product Liability Act. Moreover, Elfa Distrelec A/S shall not be liable for damage which the consignment delivered by Elfa Distrelec A/S may have caused to any property. In the event that a third party raises a claim against the customer for product liability concerning products delivered by Elfa Distrelec A/S, the customer is to notify Elfa Distrelec A/S thereof immediately.

8. Force majeure

8.1.

Elfa Distrelec A/S's obligations according to agreement shall be postponed in case of force majeure which means circumstances beyond Elfa Distrelec A/S's control, inclusive of strikes and circumstances which the parties should not have taken into consideration when concluding the agreement. Circumstances at any of Elfa Distrelec A/S's sub-suppliers which mean that Elfa Distrelec A/S is unable to fulfil its obligations towards the customer and which cannot be overcome without disproportionate costs on the part of Elfa Distrelec A/S shall also be deemed to constitute force majeure.

8.2.

In the event that delivery is postponed owing to force majeure, payment for such delivery is postponed accordingly.

8.3.

Elfa Distrelec A/S is entitled to cancel concluded agreements as the result of force majeure.

8.4.

All the customer's remedies are suspended or lapse in case of force majeure. Neither in case of cancellation nor postponement is the customer entitled to claim damages or to raise any other claim against Elfa Distrelec A/S.

9. Disputes and venue

9.1.

All disputes between Elfa Distrelec A/S and the purchaser shall be governed by Danish law. Any dispute that cannot be solved amicably shall be brought before the courts of law in the jurisdiction of Elfa Distrelec A/S's domicile.