Terms and Conditions
1 Use and Application
These terms for sale and delivery (subsequently named ”terms”) concern all products and services sold on the websites www.foodsolutions.dk and www.foodsolutions.as (subsequently named “website”) by Food Solutions A/S (subsequently named “company”), that users (subsequently named “customers”) might purchase.
With any purchase the customer must agree to the terms. The customer is encouraged to read the terms thoroughly and to understand the obligations and rights included in the terms. The customer will be given an accompanying copy of the terms with each order by email.
The terms are part of Food Solutions A/S’s offer and order confirmation. Together they form a collective contract regarding Food Solutions A/S’ sale and delivery of products and related services to the customer. These terms are binding and replaces any agreements and usual practices that do not correspond with the present terms, including terms established and forwarded by customers and suppliers.
If parts of the present terms do not impose any legal impact, it does not imply that other agreements in the sale and delivery terms will not be in effect.
The present terms replace all precedent terms for sale and delivery by the company.
Each customer at Food Solutions A/S is assigned an individual customer number, username and password. In case of illegal issues regarding misuse of this, the customer is responsible for any loss, that might arise. Food Solutions A/S cannot be held responsible.
Any changes of/additions to the contract are only valid if both parties have agreed to them in writing.
All products are sold and delivered in accordance with Danish legislation, including Danish food legislation. Ingredients and nutrition content of any of our food products can be found on the website. Inquiries and further questions can be addressed to the company using this email: firstname.lastname@example.org.
Related services sold and delivered by the company to the customer in connection with sale and delivery of foods are undertaken according to food legislation and Danish legislation with regards to delivery.
Foods and the related services are intended for further sale and use in Denmark. Regardless of any opposing conditions in the contract, the company is under no circumstances responsible for any potential loss or damage due to alternative use or use outside of Denmark. Should this happen, the customer is responsible for any potential losses that might affect the company.
The price for products and the corresponding services is the company’s price at the time of order confirmation, unless otherwise agreed in writing by the customer and the company. All prices exclude VAT and are only valid in Denmark, excl. Faroes Islands and Greenland.
The company reserve the right to make assortment change and to have sold out items. The company accept no liability for any printing errors.
Pallets needed for transport of the order are invoiced at 75 Dkr./pcs. Pallets are not accepted on a return basis.
5.1. Payment: The customer must pay all invoices up front for all products or connected services, unless otherwise agreed in writing by the customer and the company.
5.2. Reminder requests and compensation: In case of late payment, the company has (as follows from 5.1) the right to send out reminder requests with a fee of 100,00 Dkr and a compensation fee of 310,00 Dkr.
5.3. Late payment Interest: If the customer neglects a timely payment due to causes not liable to Food Solutions A/S, the company has the right to impose late payment interest of the amount due with an interest rate of 8% from due payment day till payment takes place.
Payment of late payment interest does not prevent Food Solutions A/S from demanding compensation for further losses that might occur due to the customer’s late payment. If payment is not received on the due date, this might incur extra expenses for retrieving the payment. The customer will be held responsible for this. Food Solutions A/S has the right to impose these extra expenses on to the customer.
5.4. Offsetting: The customer is not permitted to keep part of the payment as security for potential offsets regarding other deliveries or claimed unfulfilled orders. An offset like this will be interpreted as a serious disregard to the mutual agreement between the customer and the company.
5.5.Annulment: If the customer has not paid a due invoice for products or related services within 10 days after receiving a written request for payment from Food Solutions A/S (besides the before mentioned reminder request (5.2) and late payment interest (5.3)) Food Solutions has the right to alter the agreed terms. For instance, if the customer’s capacity to pay declines after the agreement, Food Solutions A/S has the right to stop deliveries to the customer, request payment up front and/or impose other default payment remedies.
6 Offers, Orders and Order Confirmations
6.1.Offers: Food Solutions cannot be held liable for sold out products, services and/or changes in assortment. In case of sold out products or changes in assortment, the company reserves the right to cancel delivery without having to compensate the customer.
6.2. Order: Orders of products and services must be sent to Food Solutions A/S online on www.foodsolutions.dk or www.foodsolutions.as. The customer has the option to add remarks regarding conditions for payment and delivery.
6.3.Order Confirmation: Food Solutions A/S aims to confirm or cancel an order to the customer in writing no later than 2 workdays after receiving the order. Confirmations/cancellations of orders must be in writing to be in effect.
6.4.Changes in Order: The customer can not change an order of products or related services without written consent from the company.
6.5.Disagreeing Circumstances: If Food Solutions A/S confirm an order that is not in agreement with the customer’s order/contract and the customer does not wish to accept the disagreeing circumstances, the customer must notify/complain at receiving of the order confirmation. If not, the customer is bound to the order confirmation.
The customer is obliged to have an area ready for receiving the goods and to ensure free passage – e.g. no snow or ice. The goods and related services are considered delivered and to be the responsibility of the customer when the goods have been delivered to the assigned receiving place, regardless of persons being present or not to receive the goods.
7.1 Delivery Time: The company delivers all sold products and services at the time agreed in the order confirmation. The company reserves the right to deliver before the agreed time, unless otherwise agreed.
7.2 Inspection: The customer must inspect all products at reception of delivery. If the customer detects an error/missing part and wants to claim this, the customer must immediately contact the company in writing. If an error/missing part that the customer detects or ought to have detected is not immediately reported in writing to the company it cannot be claimed later.
- Delayed Delivery
8.1 Notification: If the company expects a delay in delivery, the company will inform the customer and at the same time provide an explanation and set up a new expected time for delivery.
8.2.Annulment: If the company does not deliver products and services at the agreed time – or within 2-10 days after - for reasons, that the customer can not be held responsible for, the customer can annul the order or the orders affected by the delay without prior warning by written notification to the company. The customer does not have any other rights in connection to the delayed delivery.
Faults and Claims: In case of faults and claims please use contact us.
10.2. Product Responsibility: The company is responsible for delivered products accordingly to the extent stated in the current law. The company is not liable for product responsibility beyond what is stated in the law.
10.3. Limited Responsibility: Regardless of any disputes in the contract the company’s responsibility in a calendar year cannot exceed 30% of the net value invoiced for products and services sold to the customer in the preceding calendar year. The limitations are waived in case of intentional or gross negligence by the company.
10.4. Indirect Loss: Regardless of any disputes in the contract the company cannot be held responsible for the customers indirect loss, including loss of production, sale, profit, time or goodwill unless caused intentionally or due to gross negligence.
10.5. Force Majeure: Regardless of any disputes in the contract the company cannot be held responsible for insufficient fulfillment of obligations due to force majeure. The exemption from liability are in place when the force majeure is present. Force majeure is perceived as circumstances out of the company’s control and as circumstances, that the company could not foresee at the time of contract agreement. Examples of force majeure are: Extreme natural conditions, war, terror, fire, flooding, vandalism and national work disputes.
11 Handling of Personal Data
Food Solutions A/S is responsible for data collection and guarantees that the customer information is handled according to the law of personal data collection. The company only uses the relevant information needed to fulfill an order. Food Solutions collect and use e.g. identification and contact information, including name, position, contact role, department, work phone, work email addresses, history of activity, customer number and bank account number.
12 Current Law and Solving of Dispute
Current Law: The interaction/trade between the customer and the company is done in accordance with the legislating stated by Danish Law.
Solving a Dispute: Any dispute that might arise between the customer and the company will be handled and solved by a Danish court.