Terms of trade

1. Use
   1. These terms of sale and delivery apply to all sales contracts and take precedence over any purchase conditions of the buyer. Deviation requires written consent from Hydrosafe.
   2. The buyer’s own conditions do not apply. Nor in cases where the Buyer refers in order confirmations, on invoices or in a similar way to its own or other conditions.
   3. Hydrosafe is entitled to change these terms and conditions of sale and delivery at any time.
2. Prices and delivery
   1. Unless otherwise stated, all prices are exclusive of VAT. For sales from stock, the prices shown in Hydrosafe’s price list in force at any time apply excluding VAT.
   2. Hydrosafe reserves the right to change the price if new or increased costs are imposed on Hydrosafe before delivery, for example as a result of changes in customs duties, taxes, levies, exchange rates, raw material prices or documented price increases from the supplier.
   3. Delivery is made to the address entered by the buyer when ordering. The address will appear on the order confirmation. A delivery note must be attached to the goods.
   4. Hydrosafe may impose an environmental surcharge according to the chosen delivery method. The environmental surcharge is invoiced separately to the buyer and cannot be paid in cash on receipt.
   5. For invoices sent in paper form, the buyer is charged an invoicing fee per paper invoice sent. Invoicing via hydrosafe.dk and mail does not incur a fee.
   6. Hydrosafe may, at its discretion, make partial deliveries and partial invoices.
   7. It is only possible to order a sample pack from Hydrosafe per. CVR no
      Hydrosafe stores information for each CVR number used, in accordance with Hydrosafe’s applicable privacy policy. If even the same CVR no. try to order a sample package more than once, the order will not be completed.
3. Right of withdrawal
   1. For purchases where the order of goods is made by telephone or Internet, the consumer has 14 days right of withdrawal. The Buyer therefore has a 14-day right of withdrawal from the day on which the Buyer orders the goods. The right of withdrawal can only be exercised if the goods are returned in substantially the same condition and quantity. The right of withdrawal lapses if the Buyer uses the goods in a way that substantially reduces the sales value. If the Buyer cancels his purchase, the Buyer can either refuse receipt of the package or return the goods to:

      Hydrosafe ApS
      H.P Hansens Plads 32
      4200 Slagelse

   2. When returning goods, the buyer must enclose a copy of the invoice for the goods purchased, as proof that the returned goods were purchased from Hydrosafe
   3. If the Buyer refuses to receive the parcel or fails to collect it from the post office/parcel shop, the Buyer will be charged the shipping fee for PostNord/GLS or PostNord/GLS. Return the package to Hydrosafe.
   4. Hydrosafe recommends that the item is returned via PostNord/GLS or similar, and that the item is sent as a parcel. This allows the package to be tracked in their system, removing any doubt as to whether the item has been delivered to Hydrosafe. In addition, the Buyer has the possibility to demand the package if delivery has not taken place. When returning the goods, the Buyer is responsible for ensuring that the goods are properly packed and the Buyer bears the risk of the goods from the time of delivery.
   5. The Buyer must return your order to us without undue delay and no later than 14 days after the Buyer has notified us that the Buyer wishes to cancel his purchase. Notification should be given to info@hydrosafe.dk.
      In your notice, the Buyer must clearly inform Hydrosafe that the Buyer wishes to exercise its right of withdrawal.
   6. Hydrosafe may withhold the refund until Hydrosafe has received the goods back, unless the Buyer has provided proof of return before then.
   7. In order to exercise the right of withdrawal, the goods must be delivered to PostNord/GLS or similar within 14 days of receipt.
   8. Goods that are made to the Buyer’s specifications or have been given a clear personal touch such as company name, website, telephone no. etc. are deprived of the right of withdrawal.
4. Delay
   1. If the agreed delivery time is postponed by up to 3 days, delivery is considered to be on time and does not entitle the buyer to exercise default rights.
   2. If delivery has not taken place more than 3 days after the agreed delivery date, the buyer has the choice between demanding delivery or cancelling the purchase, such delay being considered substantial.
   3. In the case of works and supplies within the OEM, the time of delivery shall be determined at the best discretion of Hydrosafe and Hydrosafe’s supplier. The time of delivery is without prejudice and delay does not entitle the buyer to cancel the purchase in accordance with section 4.2 or to claim replacement delivery. Any postponement of the agreed delivery date will be notified to the buyer as soon as possible after Hydrosafe has become aware of this.
   4. If the delay in delivery is due to any circumstance that constitutes a ground for exemption from liability under clause 11.1 or is due to the Buyer’s act or omission, the delivery period shall be extended to the extent deemed reasonable in the circumstances. The delivery time is extended even if the cause of the delay occurs after the expiry of the original agreed delivery period.
   5. In the event of termination pursuant to clause 4.2, the Buyer shall be entitled to demand the return of any purchase price already paid by Hydrosafe, as well as to demand compensation for directly documented losses as a result of the delay, but not exceeding the invoice value for the delayed part of the delivery.
   6. If the buyer does not cancel the agreement, the buyer is not entitled to any compensation for the delayed delivery.
   7. Hydrosafe is not liable for operating losses, loss of profit, conventional loss, loss of time, loss of profit from work and other indirect losses.
   8. In addition to the above, the Buyer may not assert any other claims against Hydrosafe as a result of delay.
5. Terms of payment
   1. Payment must be received by Hydrosafe no later than the due date stated on the invoice.
   2. If payment is made after the due date, Hydrosafe shall charge interest on the amount due at the rate of 2.25% per month or part thereof. Interest is credited to the buyer’s account and paid in advance of other debts.
   3. The Buyer shall not be entitled to set off Hydrosafe’s claim to the purchase price or to exercise a right of retention, irrespective of whether the Buyer’s claim arises from this or any other legal relationship between the parties.
   4. In the event of late payment, Hydrosafe shall be entitled to suspend performance of its obligations to the Buyer in respect of the relevant delivery and any other legal relationships between the parties.
   5. In addition, Hydrosafe shall be entitled to terminate the agreement concerning the relevant delivery and to claim compensation for the loss suffered by Hydrosafe if payment of amounts due has not been made 30 days after the due date.
   6. Hydrosafe is also entitled to obtain credit information on the buyer at any time and to refuse delivery in the event of an unsatisfactory credit rating. If an order is part-delivered at the time when the credit rating is deemed unsatisfactory and the customer does not provide security or pre-pay, Hydrosafe is entitled to withdraw the delivered services as far as possible.
6. Property rights and retention of title
   1. Hydrosafe reserves the right of ownership of the goods sold until the purchase price and any additional costs and interest have been paid in full by the buyer, or until adequate security has been provided.
   2. The risk of accidental loss of or damage to the goods shall pass to the buyer upon delivery.
   3. Drawings, specifications, descriptions, etc. for use in the manufacture of deliveries or parts thereof, which are handed over to the buyer before or after the conclusion of the agreement, remain Hydrosafe’s property. Drawings, etc. may not be used without Hydrosafe’s permission for any purpose other than in connection with the use and maintenance of the delivered goods and may not be copied, reproduced, transferred to or otherwise brought to the knowledge of unauthorised third parties by the buyer. At the request of the Buyer, Hydrosafe shall provide him with a copy of these instructions free of charge.
7. Intellectual property rights
   1. If the buyer resells the purchased goods, these must be marketed and sold under the trademarks designated by Hydrosafe. The Buyer shall not use Hydrosafe’s name or trademarks in a manner that gives customers or third parties the impression that the Buyer may be obligated or is part of/associated with Hydrosafe.
   2. The buyer may not use Hydrosafe’s trademark in connection with the marketing or sale of goods that do not originate from Hydrosafe.
   3. The buyer is not entitled to create websites with domain registration using the “Hydrosafe” name.
8. Disclaimer
   1. The information provided by Hydrosafe is for guidance only and shall not create any liability on the part of Hydrosafe.
   2. If the Purchased is to be incorporated by the Purchaser into its or third parties’ products and it turns out that the Purchased does not function satisfactorily in these products, the Purchaser shall bear the responsibility for this, provided that the Purchased meets the agreed specifications.
9. Defects and complaints
   1. The Buyer shall be obliged to examine the delivery immediately upon delivery in order to ascertain any shortages or other visible defects. Complaints must be made within 8 days of delivery. Otherwise, the buyer is barred from later claiming such defects.
   2. Hydrosafe undertakes to remedy goods that are defective due to faults in design, material or manufacture within a period of 24 months from the date of delivery. Such remedy shall be at Hydrosafe’s option upon repair or upon delivery. Hydrosafe is also entitled, as an alternative to repair or delivery, to issue a credit note to the buyer amounting to the original purchase price of the goods delivered in fulfilment of Hydrosafe’s obligation to remedy the defect.
   3. Complaints regarding defective goods must be made in writing and without undue delay after the defect is or should have been discovered. If the Buyer fails to do so, the Buyer forfeits the right to remedy under clause 9.2.
   4. Hydrosafe decides whether the remedy shall be carried out at the place where the defective product is installed or at Hydrosafe. If rectification is by return to Hydrosafe, defective parts must be returned to Hydrosafe carriage paid on request. Return after rectification shall in that case be at Hydrosafe’s expense and risk.
   5. If Hydrosafe does not remedy the defect within a reasonable time after the Buyer has complained in accordance with clause 9.4, the Buyer shall be entitled to withdraw from the agreement in respect of the defective part of the delivery by written notice to the Seller.
   6. In the event of termination pursuant to point 9.5. the buyer is entitled to demand the return of the purchase price already paid by Hydrosafe, as well as to demand compensation for directly documented losses as a result of the defect, however not exceeding the invoice value for the defective part of the delivery. If the buyer does not withdraw from the contract, the buyer is not entitled to any compensation for the defective delivery.
   7. The buyer may not, in addition to the above, assert any other remedies against the seller as a result of defects.
10. Product responsibility
    1. Hydrosafe is only liable for personal injury if it is proven that the injury was caused by the fault or negligence of Hydrosafe or others for whom Hydrosafe is responsible.
    2. Hydrosafe is not liable for damage to real estate or movable property that occurs while the goods are in the buyer’s possession. Hydrosafe is also not liable for damage to products manufactured by the buyer or to products in which these are incorporated. Hydrosafe is otherwise liable for damage to real estate and movable property under the same conditions as for personal injury
    3. To the extent that Hydrosafe may be held liable for product liability to third parties, the Buyer shall be obliged to indemnify Hydrosafe to the same extent as Hydrosafe’s liability is limited under these terms and conditions of sale and delivery.
    4. Hydrosafe is not liable for operating losses, loss of profit, conventional loss, loss of time, loss of profit from work and other indirect losses.
11. Force Majeure
    1. The following circumstances shall give rise to a discharge if they prevent performance of the contract or make performance unreasonably onerous: labour disputes and any other circumstance beyond the control of the parties, such as hacker attacks, virus attacks, health crises, epidemics, fire, war, mobilisation or military conscription of similar magnitude, requisitioning, seizure, currency restrictions, riots and civil commotions, shortage of means of transport, general shortage of goods, restrictions on motive power and shortages or delays in deliveries by subcontractors caused by any of the circumstances mentioned in this clause.
12. Disclaimer
    1. The above points contain provisions according to which Hydrosafe disclaims any liability. The buyer should take out its own insurance to the extent that it wishes to insure itself against such losses, or the buyer must include the risk of loss in its advance payment.
13. Discount codes
    1. Discount codes may be used multiple times and may be combined with offers or promotions.
    2. Redistribution of discount codes is accepted as long as the discount codes are not published without the consent of Hydrosafe.
14. Applicable law and jurisdiction
    1. Any dispute concerning matters covered by these terms of sale and delivery shall be dealt with in accordance with the general rules of Danish law, with the exception of the International Sales Convention (CISG).
    2. All disputes on which no agreement can be reached shall be settled by a Danish court at the seller’s domicile, except for the disputes referred to in AB 92/ABT 93 § 10, paragraph 4, cf. § 5, paragraph 5 respectively AB 18 § 12, paragraph 5, cf. § cases referred to in Article 8(4) and (5), see point 11 above.