Terms and conditions of sales and delivery

All offers, orders and deliveries accepted by us (hereinafter referred to as the Company or Dunstan ApS) and received by you (hereinafter referred to as the Customer) are subject to the following terms and conditions which shall prevail over any other terms or conditions which you may seek to introduce, unless otherwise expressly agreed in writing by all parties. We reserve the right to alter these terms and conditions of sale at any time.

By placing an order, the Customer acknowledges to have received and understood the contents of these Terms and Conditions and also acknowledges that they govern all contracts between the Customer and Dunstan ApS.

The Customer is fully responsible for how, where to and to whom he sells the goods, and shall be solely liable for any infringement caused thereby.

All Customers must supply company information including but not limited to company registration number, VAT number and documentation hereof at the Company’s request. 


CONFIDENTIALITY

The Customer shall observe confidentiality towards any third party in the broadest sense of the word regarding any and all business information relating to the Company, which has been brought or come to his knowledge by the Company and/or within the framework of an offer or an agreement.


OFFERS AND PRICES

We only deal with goods which are original and EU Clean, i.e. goods which are notified for sale in EU / EEA and in free circulation within EU / EEA. We demand written confirmation of this from all suppliers. 

Unless otherwise stated in the offer, prices are in EURO and exclusive of VAT. All prices are based on EXWORKS Denmark. 

Any specific conditions stated in the offer are binding unless otherwise expressly agreed in writing. 

Any offer that the Customer receives from Dunstan ApS may be subject to change at any time. 

The Company is entitled to reject any order based on offers which have expired, regardless of whether expiry was explicitly stated in the offer. We are equally entitled to cancel orders which turn out not to be fulfillable at the given time. 

The Company has the right – at its option – to demand a deposit as part of the order confirmation process. Deposits are non-refundable unless the order is cancelled by the Company. 


ORDERS

Any order received by the Company is considered binding and the Customer is obligated to pay for and receive the goods ordered. 

Supply is based on availability and the Customer shall accept any quantities that the Company is able to provide. We cannot guarantee total order confirmation. By placing an order, the Customer agrees to take all products as to us delivered, even if these do not correspond fully with the original order. 

Any specific demands for product expiry dates, batch codes, product data, documentation, packing requirements or other must be stated at the time of order placement. If such demands are given at a later stage, any failure to comply with these demands is not a valid reason for the Customer to reject the goods.

It is the Customer’s responsibility to notify the Company within reasonable time of any wrong information or mistakes on any issued proforma invoice, invoice or other document describing the order details. The Company shall not be held liable for any errors resulting from the Customer failing to inform the Company of any such mistakes in a timely manner. 

Dunstan ApS takes no responsibility for changes in packaging or product data caused by the manufacturer. This includes but is not limited to changes to or variants of the EAN code of a product. Such changes are not valid reasons for order cancellation or shipment refusal.

Order cancellations made by the Customer will not be accepted unless expressly agreed in writing. 


PAYMENT

All orders must be placed and paid for by wire transfer in currencies EUR or DKK unless otherwise agreed in writing. 

Unless credit terms have been specifically agreed in writing, payment is required on the issue of a proforma invoice. If payments are not received within reasonable time after the issue of proforma invoice, the Company is entitled to charge interest at the rate of 3% per month from the time when such becomes due for payment, until they have been paid in full. 

Where credit terms have been agreed, the credit period shall proceed from the date of the issued invoice. 

All payments which are not received when payable will be considered overdue. In such a case the Company is entitled to charge interest at the rate of 3% per month from the time when such becomes due for payment, until they have been paid in full. 


DELIVERY

Unless explicitly agreed upon otherwise, all orders are delivered EXWORKS from the premises of the Dunstan warehouse in Denmark. 

The goods shall be considered the delivered on be the moment in time when the goods are ready for shipment, and the Company has informed the Customer thereof, or the time when the goods have left the premises of the Company to be forwarded to the Customer.

The Customer shall bear the risk of any and all direct and indirect damage that may be caused to the goods, immediately after the goods are considered as delivered.

The delivery date is not considered to be a firm date, unless explicitly agreed upon otherwise. Any date given by us for the delivery of any goods is always an estimate only. Delayed delivery is not an acceptable reason for order cancellation or shipment refusal.

The Company is entitled to make partial deliveries, unless explicitly agreed upon otherwise.

The Company shall not be responsible for any documents for the transportation of the goods to the place of destination.


CLAIMS AND RETURNS

Any complaints are acceptable up to 7 working days after delivery. After this, all complaints are invalid. In case of complaints, photos of the goods at the time of delivery are obligated. 

In the event of timely and justifiable complaints, the Company may choose to credit the Customer fully or partially for the goods in question. The Company is never obligated to grant credit. The Company will assess each claim individually and issue credit based on what the Company considers reasonable in the given situation. Generally, damages to product packaging will not be credited. Credited amounts will not be refunded but can be deducted from future payments.

All returns must be pre-approved by the Company. Should any return shipments take place, then this shall at all times be done at the expense and risk of the sender.

© Copyright Dunstan 2024. Alle rettigheder forbeholdes.