Terms of trade
JM BAND APS
1. USE AND VALIDITY
1.1 All deliveries are made in accordance with the terms of sale and delivery below, unless these are deviated from by express written agreement.
1.2 Buyer's indication of special terms in tender material, order, etc. is not considered a departure from the following terms, unless JMband - Denmark has accepted these in writing.
2. OFFER / ORDER
2.1 An agreement between the buyer and JMband-Denmark is only considered to have been entered into upon JMband - Denmark 'acceptance of the order.
2.2 Cancellation or change of an order can only be done with JMband - Denmark's written approval.
2.3 The buyer must reimburse JMband - Danmark's costs and losses in the event of cancellation or change, however a minimum amount, corresponding to 10% of the agreed purchase price excluding VAT.
2.4 JMband - Denmark is at all times entitled to change the choice of material for the offered product, provided that the product still meets the usual standard and special specifications specified by the buyer.
2.5 JMband - Denmark is entitled to deliver the agreed quantity + / ¸ 10% when manufacturing goods other than catalog and standard goods.
2.6 When a product is made using graphic files or a text description, the only way a buyer can ensure that the product will be produced according to the exact specifications is to order a prototype copy.
2.7 JMband - Denmark does not guarantee that printed barcodes such as QR codes can be scanned by all scanning systems, unless a prototype copy has been ordered and tested before production.
2.8 Orders placed using Online Design go directly into production. Changes, comments and emails cannot be implemented once the order is confirmed.
3.1 JMband - Denmark's prices are exclusive of the applicable VAT, other taxes, duties, fees, freight, handling fees or similar.
4.1 The payment terms are prepayment unless otherwise stipulated by express written agreement.
4.2 If the buyer does not pay the purchase price on time, JMband - Denmark can from the due date calculate default interest in accordance with the Interest Act.
4.3 The Buyer is not entitled to withhold any part of the purchase price as security for fulfillment of any counterclaims regarding other deliveries, and such a withholding will be regarded as a material breach of the agreement.
4.4 Payment can be made by bank transfer, Dankort, Visa, PayPal and Mastercard.
5. PROPERTY RESERVATION
5.1 JMband - Denmark reserves the right of ownership of any delivery until payment has been made.
6.1 The delivery time is normally 1 day, otherwise stated approximately and is non-binding, unless otherwise agreed separately and confirmed in writing by JMband - Denmark.
6.2 JMband - Denmark is entitled, if necessary, to extend the agreed delivery time by up to 10 days from the expiry of the fixed delivery time, provided that J & Maya - Denmark notifies the buyer of this extension before this time. In that case, the buyer is not entitled to exercise default rights until after the expiration of the extended delivery time.
6.3 A 14-day right of return is granted, but not for custom-made goods.
6.4 The place of delivery is, in the absence of any other special indication in the order, JMband - Denmark's address:
JM BAND APS - Denmark
6.5 Orders are always made in accordance with the layout (order code). Any change in quantity, colors or other properties and values requires a new layout.
6.6 In the event that a package could not be delivered by the carrier, due to incorrect or missing information in the delivery address, customers will be charged a fee for return and return.
7. DRAWINGS AND DESCRIPTIONS
7.1 All drawings and technical documents relating to the product or its manufacture, which are left to the buyer before or after the conclusion of the agreement, remain the property of JMband - Denmark.
7.2 Without JMband - Danmark's written consent, the said material may not be used, copied, reproduced, handed over to or otherwise brought to the knowledge of third parties.
7.3 JMband - Denmark is not obliged to hand over the material and the tool on which the manufacture of the product is based. The aforementioned tool belongs to JMband - Denmark.
8. DUTY OF INVESTIGATION
8.1 The buyer is obliged to carry out the necessary investigations immediately upon receipt of a delivery to establish any defects.
9.1 The buyer must give written notice of defects directly to JMband - Denmark without undue delay after the defect has been discovered or should have been discovered. This also applies to complaints about quantity differences. The notification must include a specification of the defect.
9.2 If the buyer does not notify JMband - Denmark of a defect within the specified deadlines, the buyer loses his right to make claims in connection with the defect.
9.3 In the event of a complaint, the buyer is not entitled to dispose of the delivered or return this to JMband - Denmark without JMband - Denmark's written approval. If the buyer has complained about the item, and it turns out that there is no defect for which JMband - Denmark is responsible, JMband - Denmark is entitled to compensation for the work and costs that the complaint has caused JMband - Denmark.
9.4 Complaints regarding indication on invoices must be submitted in writing within 5 days of receipt of the invoice.
9.5 Color shades, font size and graphic proportions may vary from what you see on the computer screen. JMband reserves the right to change the font size and graphic proportions without prior notice to the customer. Complaints due to color shades, font size and graphic proportions are limited to the cases where a prototype copy was ordered before production starts.
9.6 If delivery is canceled due to force major, JMband - Denmark will do its best to compensate the order. However, we will not make binding commitments on compensation.
10.1 JMband - Denmark's liability for defects is limited to re-delivery or remedy.
10.2 JMband - Danmark's liability does not cover defects arising in material provided by the buyer or in goods prescribed or specified by him.
10.3 JMband - Denmark in no way guarantees that goods prescribed or specified by the buyer do not infringe the rights of third parties. JMband - Denmark also presupposes that the buyer has obtained all relevant permits from any rights holders.
10.4 JMband - Denmark has no liability for defects other than those prescribed in this section. This applies to any loss that the defect may cause, including operating losses, lost earnings and other indirect losses.
10.5 JMband - Denmark assumes no responsibility for the delivery of delivered products legally for intended purposes.
11. CHOICE OF LAW AND JURISDICTION
11.1 Any disagreement or dispute between the parties regarding the understanding and scope of these terms of sale and delivery shall be settled by the court in Aarhus using Danish law.