The following terms of sale and delivery (hereinafter referred to as "the terms") apply to the sale and/or delivery of any service/product (hereinafter referred to as "the item" or "the service") from Ortowear ApS to businesses, organizations, and authorities (hereinafter referred to as "the customer").
The terms apply unless otherwise expressly and in writing agreed between the customer and Ortowear ApS, and regardless of whether the agreement was made via the internet, e-shop, email, fax, telephone, or otherwise.
If an agreement includes hardware or software, these may also be subject to special license and warranty terms issued by a third-party supplier, to which reference is made.
It is a condition for the customer's purchase that these terms are accepted, and the customer is encouraged to read the terms carefully.
Any product information, as well as any information on technical data and functionality (e.g., performance, uptime, response time, etc.), is only indicative. The customer has full responsibility for the selection of the item/service, including whether the item/service can function in the customer's intended operating environment.
The customer's order submission requires registration as a customer in Ortowear ApS's customer database.
Any offer of goods/services, price information, etc. on Ortowear ApS's website and in sales materials, catalogs, etc. is only to be regarded as an invitation to make an offer and is therefore not binding for Ortowear ApS.
A final agreement between the customer and Ortowear ApS is considered to have been made when Ortowear ApS has received the customer's order on its server.
The invoice is sent in connection with the dispatch of the item/service.
Delivery takes place EXW (INCOTERMS) from Ortowear ApS or subcontractor's address.
The delivery time depends on the size, nature, and what is otherwise agreed between the customer and Ortowear ApS. The delivery time provided by Ortowear ApS is approximate and thus non-binding for Ortowear ApS unless a fixed delivery time for the entire order or parts thereof is expressly agreed.
If delivery cannot be completed due to the customer's circumstances, the item remains at the customer's expense and risk. Ortowear ApS is entitled to charge storage fees, costs, etc., in this case.
In case of delay, the customer can only cancel the agreement if the delay exceeds 3 weeks. In such a case, the customer is only entitled to a refund of the payment already made, and the customer cannot make any other breach claims due to the delay.
If the agreement with the customer includes multiple items/services and delays or defects affect part of the delivery, the customer is obliged to pay for the items/services delivered on time and/or without defects. If the customer is entitled to cancel the agreement under these terms, this cancellation right only applies to the delayed or defective part of the delivery.
All prices are exclusive of VAT, taxes, and handling costs, etc. Prices may change up to delivery, including price increases from suppliers. If the price of an item/service increases by more than [10%] between the conclusion of the agreement and delivery, the customer may withdraw from the agreement without compensation if notified to Ortowear ApS in writing immediately after the customer becomes aware of the price change.
Unless otherwise stated, Ortowear ApS uses GLS, TNT, UPS, and DHL for delivery. Handling costs are calculated according to the terms of GLS, TNT, UPS, and DHL applicable at any given time.
Ortowear ApS may, after individually assessing the customer's creditworthiness, deliver goods/services on credit.
The customer cannot offset the purchase price for claims arising from other legal relationships, nor can the customer withhold or refuse payment due to delay, complaints, or counterclaims regarding the specific delivery.
In case of late payment, a default interest of 2% per month and a reminder fee of DKK 100 per reminder will be charged. However, Ortowear ApS sends a maximum of three reminders before the claim is handed over to debt collection.
Ortowear ApS retains ownership of the item until full payment for the ordered item is received.
Until ownership has passed to the customer, the sold item must be stored and maintained appropriately. Damage to the sold item, beyond normal wear and tear, must be compensated by the customer. The customer is also obliged to insure the sold item against fire, theft, and water damage for its full value. The customer agrees not to dispose of the sold item in a way that may impair Ortowear ApS's security in the item, including but not limited to pledging, renting, or lending the item, without Ortowear ApS's written consent.
As products from Ortowear ApS are custom-made, there is no return policy.
The customer is obliged to inspect the item/service immediately and no later than 5 working days after receipt of a delivery and to check it for any defects. If the delivery is damaged during transport, it must be rejected or received with reservations by noting it on the terminal/delivery note, as transport damage is visible external damage to the packaging.
If the customer finds defects, the customer must immediately notify Ortowear ApS in writing, specifying the defect being claimed. If no complaint is made in time, the right to claim defects is forfeited.
Ortowear ApS's liability for defects is always limited to either repair or replacement, at Ortowear ApS's discretion, within a reasonable time.
Ortowear ApS is not liable for defects caused by changes made by the customer, repairs carried out by others than Ortowear ApS.
No additional warranty is provided by Ortowear ApS unless this is expressly agreed in writing.
Ortowear ApS is not liable for delay or defects in the item/service. Ortowear ApS disclaims any liability for consequential or indirect losses, including loss of business, profit, loss of income, loss of data, and other indirect losses, as well as costs related to re-establishing/updating, etc., due to defects in the sold item.
Ortowear ApS's product liability is limited to the liability under the Product Liability Act, and Ortowear ApS disclaims any other product liability.
In no case can Ortowear ApS's liability exceed an amount equal to 100% of the price for the specific item/service according to the order confirmation issued by Ortowear ApS.
Ortowear ApS's processing of personal data is done in compliance with the Data Protection Act. The customer can contact Ortowear ApS if they want information about which data is processed or if they wish to have the data deleted or corrected. Customer information (name, address, email, etc.) is only used to fulfill the customer's order and to inform the customer if unforeseen problems arise. Ortowear ApS does not disclose customer information to third parties unless the customer has agreed to this.
Deliveries in the form of software are protected by copyright law and other legislation. Unauthorized copying, distribution, or public performance of such deliveries is a violation of copyright law and may result in civil and criminal penalties.
The customer is always obliged to respect the license terms for the delivered software, as specified by the manufacturer/third-party supplier. The customer is liable for any violation of these rights, including unauthorized disclosure to third parties. The customer must indemnify Ortowear ApS against any claim arising from the customer's violation of the license terms.
For consulting services, support, and services provided by Ortowear ApS, the following special conditions also apply.
The content and scope of the consulting service are specified separately and in writing. If the content and scope of the consulting service are not separately determined, billing is based on the time spent, as determined by Ortowear ApS, and according to the conditions listed below.
Consulting services are provided, unless otherwise agreed in writing, during normal working hours, which are Monday to Thursday from 8:00 AM to 4:00 PM. Ortowear ApS is entitled to have its obligations performed by subcontractors.
The customer must provide the consultants and other contact persons with the relevant information necessary to complete the task.
If circumstances for which the customer is responsible cause the agreed consulting service to be delayed or cannot be delivered, Ortowear ApS is entitled to demand payment for the consultants who were assigned to deliver the consulting service, as well as for any extraordinary resources used due to the delay, with deductions for any invoicing for other work performed by the consultants in the same period.
If the customer otherwise breaches the agreement on consulting services, Ortowear ApS is entitled to demand full payment for the consulting services, even if the scope of the consulting services has only been estimated or approximated by Ortowear ApS. If no fee or time consumption is estimated, Ortowear ApS is entitled to a fee corresponding to the time normally required for a task of this nature.
The customer is responsible for ensuring that the provisions of the Data Protection Act, including those concerning security, are complied with and cannot hold Ortowear ApS liable in this regard.
Unless otherwise agreed in writing, Ortowear ApS's fee is based on the time spent on solving the task (including travel time) in accordance with the applicable hourly rates according to the current price list. Work outside the above-mentioned normal working hours is subject to an additional surcharge in accordance with the current price list.
Ortowear ApS is entitled to reimbursement for all expenses incurred in connection with the task, including travel, accommodation, and meals.
If an extraordinary situation arises that is beyond Ortowear ApS's control and is considered force majeure, Ortowear ApS's obligations are suspended for the duration of the extraordinary situation. In such a case, the customer may terminate the agreement with Ortowear ApS if the situation lasts or is expected to last longer than 60 days, in which case termination can be done with 14 days' notice.
Ortowear ApS cannot be held liable for obstacles beyond our control, such as production disruptions, lightning strikes, prolonged power outages, strikes, or other unforeseen events.
Any dispute between the customer and Ortowear ApS regarding these terms shall be resolved under Danish law at the Court of Esbjerg. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
If one or more provisions in these terms are deemed invalid, the remaining terms will still be valid between the customer and Ortowear ApS.
Ortowear ApS may transfer and assign its rights and obligations to third parties, including having its rights and obligations performed in whole or in part by subcontractors. Unless written consent is given by Ortowear ApS, the customer may not assign rights or obligations to third parties.
Need a referral?
While Ortowear does not sell directly to private individuals, we are happy to refer you to a specialist who can help you find the right product.
Fill out the form below with your name, email and preferably a postcode; add a few words on what the inquiry is about, and we will contact you as soon as possible.
Fill in the form below with your name and email as well as a few words on what the inquiry is about and we will contact you as soon as possible.
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