Eleanor Home sale and delivery Terms and conditions Valid from 1st February 2012
These sales and delivery terms and conditions apply to all offers, order confirmations and deliveries for products of Eleanor Home (hereafter Products) purchased by a customer (hereafter Cus-tomer) unless otherwise agreed in writing between the Customer and Eleanor Home.
Prices are defined in Eleanor Home’s pricelist applicable at the time of the offer or order confirmation. All indicated prices are exclusive of transport, specific packaging, VAT, taxes and duties and any handling charges. Eleanor Home may at all times change the prices without notice.
Minimum order for the first purchase at Eleanor Home: 1000 Euro or 7500 DKK
Minimum order for reordering from Eleanor Home: 500 Euro or 3750 DKK
If Eleanor Home is responsible for it, transportation costs to des-tination in Western Europe will amount to 10% of the total amount of Products ordered.
3. INVOICING AND PAYMENT
Eleanor Home requires upfront payment based on pro-forma in-voices for at least the first three orders of a Customer.
Afterwards, invoices are issued upon delivery and due for pay-ment 14 days after the stipulated date of issuance. In case de-livery cannot be made at the agreed date because of circum-stances due to the Customer, invoices are still due for payment upon the term indicated above. In the event that the Customer does not pay an invoice on due date, Eleanor Home is entitled to withhold further deliveries to the Customer and to demand pre-payment equivalent to 50% of the value of products for further deliveries.
Up-front payment of part of or whole the amount of an order are non refundable under all circumstances including, but not limited to, order cancellation and order modification.
In the event of late payment, interest at the rate of 1.5% per month will be charged on the amount due.
Eleanor Home is entitled to charge the Customer an administration fee of DKK 100 or € 15 per letter requesting late payments.
If the Customer’s payment pattern changes materially after the order has been placed, if a credit rating shows that there is an increased risk for the Customer’s business or if other circum-stances imply that the Customer’s financial situation has changed, the Customer shall be obliged to pay 50% of the total purchase price on the order confirmation in advance to Eleanor Home upon Eleanor Home’s demand.
The Customer shall not be entitled to set off or withhold any part of the purchase price due to counterclaims unless approved in writing by Eleanor Home. Withholding of payment without the Eleanor Home’s prior written consent shall be considered a mate-rial breach of the Eleanor Home’s terms and conditions.
4. CANCELLATION OR CHANGE OF ORDERS
Provided that delivery has not been made, the Customer may change or cancel the order.
Once the order has been shipped from Eleanor Home’s ware-house, or once a pre-payment of part or whole of the amount of the order has been paid to Eleanor Home, the Customer is not entitled to change or cancel the order.
Cancellation or change of orders must be notified in written by e-mail or postal mail.
5. RETURN OF PRODUCTS AND DEFECTIVE PRODUCTS
Return of Products is not accepted after delivery unless agreed by Eleanor Home or unless a defective, damaged or missing Product is signalled by Customer no later than 3 days following delivery to the Customer.
The Customer must send pictures of defective Products to Eleanor Home within 3 days of delivery and Eleanor Home must notify Customer of its acceptance of the defect.
If it is agreed that Products are defective, Eleanor Home and Customer shall agree on how to dispose of defective Products and Customer shall be credited for value of defective Products.
Return of non defective Products
If it is agreed that Products are accepted for return, such Products shall be as new as when delivered, non-defective and in the original and unbroken packaging.
Agreed returns for non defective Products are credited to Customer less return transport costs and less a fee of 15% of Products value to cover handling fee and reconditioning.
6. SAMPLES AND DIFFERENCES
Eleanor Home cannot be held liable for minor differences be-tween Products delivered and:
Samples presented to Customer prior to their order,
Products previously delivered to Customer,
Products as presented in marketing materials including Prod-uct catalogues, pictures of Products in projects…etc.
including, but not limited to, minor changes in colour, colour shades, material texture, material…etc that can occur between different production series.
Minor differences as described above shall not entitle Customer to return Products and shall not be considered as defects.
Products are delivered by Eleanor Home from its different stock locations. Transportation is at the Customer’s expense and risk.
Eleanor Home is entitled to make delivery of an order by instal-ments without asking prior approval from Customer.
Time of delivery usually occurs within 30 days of order confirma-tion unless stipulated otherwise in Eleanor Home’s written order confirmation. Eleanor Home reserves its right to prolong the de-livery time. Such prolongation shall not entitle the Customer to cancel the order.
Delivery is made at the Customer’s address unless the Customer has requested, in written, delivery at another address, prior to the order delivery.
If the Customer requires delivery at another address after the order has been sent out from Eleanor Home stock location(s), Customer will be charged with any additional transport costs.
Transportation company report is considered proof of delivery.
8. CUSTOMER’S REMEDIES FOR BREACH, NOTICE OF COMPLAINTS AND DUTY OF INSPECTION
Any notice of complaint from Customer concerning defective Products, late delivery or any other claim regarding Products shall be made directly to Eleanor Home in written within eight days of delivery.
If this is not the case, any claim arising at a later date will be forfeited.
Late delivery caused by third party, including but not limited to circumstances with suppliers, carrier or forwarding agent, shall not constitute breach and shall not entitle the Customer to rem-edy for breach.
Eleanor Home is not obliged to compensate indirect losses, con-sequential losses or the like suffered by the Customer.
Immediately upon receipt and before the articles are put to use, the Customer shall inspect the Products delivered to ensure that they are non-defective. Complaints about defects, including dif-ferences in numbers, which are or should have been verified by such inspection, shall be notified immediately after delivery of the Products.
Eleanor Home is not liable for damage caused by incorrect or in-appropriate use of the delivered Products.
Eleanor Home is not liable for any defects in the Products, except as stipulated in the Danish law on product liability.
The Customer’s claim for remedy, replacement delivery or can-cellation shall lapse if the Products have not been stored or used correctly or in the usual way.
Under any circumstances, Eleanor Home’s liability is limited to the invoiced value of the Products. Eleanor Home’s liability shall be waived in case of force majeure.
9. ELEANOR HOME’S REMEDIES FOR BREACH
In case of Customer’s breach of these terms and conditions, El-eanor Home is entitled to cancel future deliveries and to claim compensation according to Danish law.
10. FORCE MAJEURE
In the event of force majeure, including but not limited to strike or lockout, fire, water damage, breakdown, power failure, acts of terrorism, war and war-like circumstances, non-delivery or late delivery of supplies or other similar delivery difficulties, including sub-suppliers’ force majeure, Eleanor Home may at its own dis-cretion cancel the order or delay delivery without Customer being entitled to any compensation.
11. GOVERNING LAW AND VENUE
Any dispute between the parties shall be settled in accordance with Danish law by the City Court of Copenhagen.
12. RETENTION OF TITLE
Eleanor Home shall reserve the title to and ownership of the goods delivered until such time as payment of the purchase price, accrued interest and costs has been made.
13. SALE AND DELIVERY OUTSIDE THE EU
Sales and deliveries outside the EU are exclusive of VAT and any other local custom and country taxes, and the Customer under-takes settlement of duty, taxes and VAT