Terms and conditions

Sales and delivery terms

For deliveries from Aquadepot Europe, Søholmvej 29a, 8260 Viby J, Denmark, company registration number ApS517634.

The sales and delivery terms below are applicable to any delivery and any sale from Aquadepot Europe, unless otherwise required by mandatory legal provisions, or otherwise agreed by the parties. These sales and delivery terms take precedence over any conflicting or inconsistent provisions in purchasers' orders/acceptance, including any purchaser's general terms.

Offers and order confirmation

Any product, any item on the existing website, shall merely be regarded as an invitation to make an offer, by means of which a final agreement is only arranged once Aquadepot Europe has accepted the customer's order. Any offer from Aquadepot Europe expires after 14 days, unless a different deadline is specified in the actual offer. A definitive agreement between the customer and Aquadepot Europe is regarded as having been entered into when the purchaser receives Aquadepot Europe´ written order confirmation, and only the content of the order confirmation is binding to Aquadepot Europe. Aquadepot Europe will send an order confirmation by e-mail as soon as possible, stating customer's order number, name and address, method of payment, delivery address and a list of the items ordered. Reservation is made for sold-out items. The customer is asked to print the order confirmation immediately after receipt, as this may be relevant in connection with exchange, cancellation or complaints. Any drawings, illustrations or similar are only intended as a guide, and Aquadepot Europe cannot be held responsible for any errors or misinterpretations in such material. Aquadepot Europe does not bear any responsibility for any errors and information in delivered written material and products where such material has been prepared by parties other than Aquadepot Europe, e.g. suppliers. This applies to any form of sales material, descriptions, user instructions, etc.

Prices

Aquadepot Europe’ prices in the webshop are including VAT, but excluding insurance. All sales are at prices applicable on the delivery date, unless otherwise agreed in writing. The prices are applicable Ex Works Aquadepot Europe, unless otherwise agreed (for the sake of clarity: freight will be added to the prices in the webshop if the items ordered shall be delivered to the customer). Issued pricelists are non-binding and may be changed at any time without notice. Reservation is made for price increases from Aquadepot Europe´ suppliers. Any specified freight rates are non- binding. Changes to freight rates or official charges of any kind that occur after Aquadepot Europe´ order confirmation must be borne by the customer. Aquadepot Europe does not use daily rates for conversion of foreign currency and, consequently, exchange differences between Aquadepot Europe’ and any third party’s, e.g. Paypal’s, conversion rates may therefore occur. Aquadepot Europe shall not be liable for any such exchange differences.

Delivery

The date of delivery stated in the order confirmation is binding, unless subsequently agreed otherwise in writing. If nothing else has been arranged, delivery will take place according to Aquadepot Europe' directions. In cases where delivery has been agreed, delivery up to 7 days before or 7 days after the stated delivery date in every respect is deemed punctual delivery. If the delivery time is longer than 30 days, this is specifically stated in the order confirmation. Aquadepot Europe is entitled to postpone delivery in the event of force majeure. The risk for an item is transferred to the customer once the item (ex warehouse) have been loaded onto the selected means of transport, or once the item (carriage paid) have passed the threshold of the vehicle or means of transport during unloading.

Failure to pay

In the case that an invoice is not paid in due time, we reserve the rights to add a 2% administration fee per month of the total outstanding amount. Reminder fee: We will add a reminder fee of 35 € per month per outstanding invoice. Reminder letters will be issued every 10 days. In the case that there are multiple outstanding invoices, please note that there will be issued 1 reminder letter per outstanding invoice. Overdue more than 90 days. In the case that an invoice should be more than 90 days overdue according to the payment terms listed on the invoice, we reserve the right to hand over the case to a collection agency. Until the full payment and any added fees has been received in full, admin fees and reminder fees will continue to be added to cover our administration cost.

Limitation of liability

If, after issuing of the order confirmation, circumstances of any kind arise that prevent punctual delivery or result in deficient delivery, and that are not specifically due to negligence or failure on the part of Aquadepot Europe, including force majeure, cf. section 10, Aquadepot Europe is exempt from liability for fulfilment of the contract. In the event of deficiencies due to errors or negligence on the part of Aquadepot Europe, compensation will be paid according to the general rules of Danish law, however, Aquadepot Europe shall not be liable for any indirect losses such as, but not limited to: operating losses, loss of profit, day fines etc.

Guarantee

Aquadepot Europe does not provide a guarantee on product deliveries, but refer to the point complaints regarding defects.

Defects/complaints

If a customer wishes to complain about an item, preliminary contact should be by telephone or e-mail to allow discussion regarding handling of the potential defect. Consumer conditions: The consumer has a 2-year right of complaint on all items. Consequently, the consumer cannot cite faults or defects that arise more than 2 years after delivery of the item. Any faults or defects must be cited within a reasonable period of time after they have been discovered or should have been discovered. Faulty or defect items are returned at Aquadepot Europe' expense and risk. In connection with return, the consumer must inform Aquadepot Europe of the nature of the fault or defect. Returns or complaints must be to the address mentioned in section 6 above. If an item proves to be faulty or defective within the aforementioned time limit, Aquadepot Europe undertakes to remedy such faults within a reasonable time. If it turns out not to be possible – or if Aquadepot Europe deems it not to be appropriate – to repair the item, Aquadepot Europe will instead undertake to supply a faultless item following receipt of the defective item. Aquadepot Europe also undertakes to refund the consumer's documented expenses connected with return. If neither repair nor replacement delivery is possible, Aquadepot Europe will instead refund the purchase price, including the purchaser's expenses for return. Aquadepot Europe will not assume any responsibility beyond what is stated in the above sections. For the sake of clarity Aquadepot Europe cannot under any circumstances be held responsible for indirect losses or consequential damage, including loss of or damage to data. Commercial conditions: Immediately on receipt and before commissioning, processing or resale of products the customer must examine the items for the purpose of checking for any defects. Complaints about defects (including variations in quantity) that are or should have been discovered by such examinations with due diligence must be submitted immediately and no later than 8 days after delivery of the goods. Notification of defects submitted after this deadline is forfeit. If defects are discovered for which Aquadepot Europe is responsible, and which cannot be regarded as negligible, the consumer is entitled to cancel the purchase agreement for the delivery in question, unless Aquadepot Europe undertakes replacement delivery without undue delay. If the purchase is cancelled due to defects, the consumer is obliged to make the delivered items available to Aquadepot Europe in the same condition as when they were delivered. If, within 1 year of delivery of the goods, the consumer has not informed Aquadepot Europe that he wishes to cite a concealed defect, he cannot subsequently hold Aquadepot Europe responsible for such a defect, unless Aquadepot Europe has undertaken in writing to guarantee the item for a longer period.

Reservation of ownership

The goods supplied by Aquadepot Europe shall remain the property of Aquadepot Europe until full payment has been registered with Aquadepot Europe. The customer is not entitled to resell, mortgage, hire out, lend, give away, deposit or in any other similar way dispose of the delivered goods until full payment has been registered.