CINAS A/S Terms for sale and delivery

Company Registration no. 78 86 05 10

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B2C Privat phuchase made on Cinas webside.

Payment

Payment can be made using the payment methods made available on the website when you place your order.

When paying with international payment cards – such as Visa and MasterCard – the payment will be reserved on your account in accordance with the terms and conditions of your card until we capture or reject the payment. No amount is reserved when paying with Dankort. If you pay with MobilePay, it is the payment card linked to the app that determines whether the payment is reserved.

The amount is captured when the item is dispatched.

If multiple items have been ordered in one order and one or more of the items cannot be delivered immediately, we will only capture payment for that item/items when the goods are dispatched.

Delivery

We deliver goods to addresses in the countries made available on the website when you place your order.

The goods are expected to be delivered within 4–7 business days, and no later than 14 business days after your order, unless otherwise stated at the time of ordering/on the order confirmation.

We offer the following delivery methods: The goods are delivered via a carrier or another relevant transport solution depending on the nature of the goods, the scope of the delivery and the delivery address. Available shipping options and any shipping costs will be shown during the ordering process, as they depend on the above.

Right of withdrawal (cancellation)

You may withdraw from your purchase without stating any reason within 14 days of receiving the goods. If you have purchased several items in one order, you may choose to withdraw from the purchase of some or all items. We do not refund delivery costs in the case of partial withdrawal.

The withdrawal period expires 14 days after the day on which you, or another person you have chosen to receive the goods (but not the carrier), takes physical possession of the goods.

If you have ordered several parts or batches, the withdrawal period runs from the time you take physical possession of the last part or the last batch.

If the agreement concerns regular delivery of goods over a specified period, the withdrawal period runs from the time you take physical possession of the first item.

If the deadline expires on a public holiday, Saturday, Constitution Day, Christmas Eve or New Year’s Eve, the deadline is extended to the following business day.

How to withdraw

These general terms of sale and delivery apply to all delivery orders unless another written agreement exists between Cinas A/S, Agenavej 20, 2670 Greve (“Cinas”), and the buyer, regardless of whether the buyer is domiciled in Denmark or another country, and regardless of whether the buyer is a consumer or a business customer. In the event of discrepancies between these terms of sale and delivery and the buyer’s general terms, CINAS’ terms shall prevail unless the deviating terms have been accepted in writing by both parties.

Return of goods and return costs

If you have withdrawn from the purchase of an item, you must send the item to:

CINAS A/S, Agenavej 20, 2670 Greve, Denmark

without undue delay and no later than 14 days after you have informed us that you wish to withdraw from your purchase. The deadline is met if you return the goods before the expiry of the 14 days.

Goods cannot be sent cash on delivery (COD) or without delivery to the recipient’s address.

You must pay the costs of returning the goods yourself.

Refund upon withdrawal

When you withdraw, we refund all payments received from you, including delivery costs. This does not apply to additional costs if you have chosen a delivery method that is more expensive than the least expensive delivery method we offer.

If you have purchased several items in one order and only withdraw from part of your purchase, we do not refund delivery costs.

We will refund the amount as soon as possible after we have received the returned goods.

We will carry out such refund using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise. In any event, you will not be charged any fees as a result of the refund.

Condition of the goods upon return and packaging

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods. You may normally inspect and try the goods in the same way as you may and can in a shop.

You must return the goods in the original packaging. The packaging may be opened but must not be destroyed. If the packaging is missing or damaged, this may constitute a reduction in value for which you are liable. You may still withdraw from the purchase.

In all cases, you should ensure that the goods are securely packed when returning them, and possibly with extra protection around the packaging. You bear the risk for the parcel/goods until we receive them. Therefore, keep the postal receipt and any track and trace number.

Complaints – if there is something wrong with the goods or service

The Danish Sale of Goods Act applies if you purchase goods, a digital service or a digital product and there is a defect in what you purchased. A defect may, for example, be a material or manufacturing fault or incorrect information about what you purchased. By contrast, normal wear and tear or self-inflicted damage is not a defect.

If you have purchased goods, you must contact us within a reasonable time after you discovered the defect. If you contact us within 2 months after discovering the defect, your complaint will always be considered timely, provided that you complain before the expiry of the two-year limitation period for complaints.

Please provide as much detail as possible about the problem and, if relevant, submit photos of the defect. If we need to inspect the goods, they must be sent to:

CINAS A/S

Agenavej 20

2670 Greve

Denmark

The goods must be sent in secure packaging.

Complaint options

If we cannot agree on what you are entitled to, you have the following complaint options:

A complaint about goods or services may be submitted to Nævnenes Hus, the Mediation Team for Consumer Complaints, Toldboden 2, 8800 Viborg via the Complaint Portal of Nævnenes Hus. The Mediation Team will attempt to resolve the dispute through mediation, and if it is not possible to reach a solution, you may bring the complaint before the Consumer Complaints Board.

As a general rule, it is a prerequisite for submitting a complaint that the goods or service you wish to complain about cost at least DKK 1,220 and no more than DKK 100,000. For complaints about clothing and shoes, the price must generally be at least DKK 790. A fee must be paid to have the complaint processed.

*) These terms for sale and delivery are made in Danish and English for download. In case of discrepancies between the two versions the Danish version shall prevail.

B2B – APPLIES TO BUSINESS CUSTOMERS

These terms apply when you purchase as a business customer or in the name of a company.

B2B – Scope of application

Offers and acceptance

Offers made lapse if written acceptance has not reached CINAS within 14 days from the date the offer is made. CINAS has only accepted an order when the buyer has received written order confirmation. An order is accepted at the price applicable at the time of CINAS’ order confirmation. Verbal promises or agreements not stated in the order confirmation are not binding on CINAS. All scale, colour and weight specifications are subject to customary industry tolerances.

Prices

Quoted prices are based on the prices and costs applicable at the time of order confirmation, including material prices, wages and manufacturing costs including VAT. The product range and the prices applicable at any time are available upon request to CINAS. CINAS is entitled to charge a separate fee for handling and shipping. CINAS is entitled to change prices on the delivery date in accordance with changes in exchange rates, purchase prices, customs duties, freight, shipping and insurance rates.

Unless otherwise agreed, payment is due net 30 days from the invoice date. If payment is not made on time in accordance with the payment terms, interest will accrue at 1.5% per commenced month. In connection with this, CINAS may claim compensation for reminder fees, debt collection fees and other costs related to collection of the payment in accordance with the Danish Interest Act.

The buyer’s obligation to pay on time remains even if the buyer complains about defects; alternatively, the buyer must deposit the purchase price if defects are alleged. However, in sales to non-business customers, the buyer may withhold the purchase price until a claim or an offer of repair or replacement has been fulfilled. This does not apply if the defect must be considered insignificant. The buyer is not entitled to set off.

If the buyer fails to pay on time, or if CINAS receives insufficient and/or, in CINAS’ opinion, negative credit information about the buyer, CINAS is entitled to stop further deliveries until prepayment or adequate security is provided. If prepayment or security is not provided within the deadline set by CINAS, CINAS is entitled either to cancel the delivery or to maintain it, in which case CINAS may claim compensation for its losses and costs, including legal costs.

Delay

Unless otherwise agreed in writing by CINAS, delivery will take place as soon as possible with due regard to delivery times of CINAS’ subcontractors. If a delivery time has been agreed, it is deemed met when CINAS can document, before expiry, that the goods have been dispatched and are available. The delivery time is extended if the buyer requests changes or additions to the delivered goods. If a delay occurs, regardless of the reason, the buyer may terminate the agreement if the delay is of material significance to the buyer and CINAS has been made aware of this by the buyer. Delayed delivery does not, regardless of cause, entitle the buyer to compensation for either direct or indirect loss, unless it can be documented that the delay is due to gross negligence or fraud by CINAS.

The goods are delivered Ex CINAS’ warehouse in Denmark or Ex CINAS’ factory in China (Incoterms 2000). The risk for the goods passes upon the buyer’s collection of the goods. In transport with CINAS’ carrier, the risk passes upon the buyer’s receipt at the place of destination, as CINAS arranges insurance for the transport. In transport with the buyer’s own carrier, the risk passes upon receipt of the goods at CINAS’ warehouse or factory. If the buyer is unable to take delivery of the agreed batch or parts thereof, CINAS invoices the goods on the agreed delivery date. The goods will then be stored at CINAS’ warehouse or factory at the buyer’s expense and risk. At least 3 weeks before the agreed delivery date, the buyer may request, but not demand, a change of the delivery date, and in special cases the buyer and CINAS may agree to change the delivery time subject to the stated minimum notice period.

Defects

The buyer is obliged to thoroughly inspect the delivered goods immediately upon receipt. If the buyer discovers, or should have discovered, that the delivered goods are defective, the buyer must notify the defect in writing. Complaints must be made in writing within 8 days from receipt. If the buyer does not complain in time, the buyer’s right to invoke the defect lapses.

If defects occur in the delivered goods for which CINAS is responsible, CINAS is entitled to replace, remedy, or take back the delivered goods against repayment of the order amount, provided this takes place no later than 30 days after written notice of the defect has reached CINAS. CINAS is then entitled to require the defective items to be handed over at the same time as replacement, remedy or repayment takes place. In sales to non-business customers, the Danish Sale of Goods Act’s two-year right to complain applies from the time the buyer receives the goods.

If CINAS carries out timely replacement or remedy, the buyer is not entitled to terminate the agreement, demand a reduction in the purchase price, or otherwise raise any claim for compensation or other compensation against CINAS as a result of the defects found. In connection with any replacement or remedy, the buyer must loyally cooperate to enable such measures to be carried out. If CINAS does not find defects for which CINAS is responsible, CINAS is entitled to compensation for the work and costs incurred by CINAS.

If CINAS does not carry out replacement, or if remedy is not carried out in time, the buyer is entitled to demand termination of the agreement or claim compensation/proportionate price reduction under the general rules of Danish law, and the buyer’s remedies for breach are limited accordingly. If replacement or remedy is carried out, any complaints cannot be asserted beyond the original agreed complaint period. Under no circumstances is CINAS liable for operating losses, lost profits or other indirect losses arising as a result of defects found. In sales to non-business customers, the buyer may claim compensation in accordance with the Danish Sale of Goods Act.

Returns

Upon receipt of written order confirmation, the agreement on delivery is considered binding. Returned goods are only accepted by agreement and must be sent to CINAS carriage paid, in complete and undamaged condition and in unopened packaging. The invoiced price less 20% will be credited to the buyer, provided that CINAS has approved the return.

Product liability

The limitation of liability set out below applies unless otherwise follows from mandatory Danish legislation: CINAS is only liable for personal injury caused by the delivered products if it is documented that the injury is due to gross negligence by CINAS. CINAS is not liable for damage to real property or movable property belonging to the buyer caused by the delivered goods, nor for operating losses, loss of earnings or indirect losses. CINAS is also not liable for damage to products manufactured by the buyer into which CINAS’ delivery is incorporated, or products into which such products of the buyer are incorporated. To the extent CINAS may be held liable for product liability towards third parties, the buyer is obliged to indemnify CINAS to the same extent. The buyer is obliged to accept being sued before the same court that handles the product liability claim against CINAS.

Retention of title

CINAS retains title to the goods sold until full payment has been made. The buyer may not exercise a right of retention in the delivered goods, regardless of whether the buyer believes to have a counterclaim against CINAS. In the event of the buyer’s default in payment, CINAS is entitled, without prior notice, to collect the delivered goods, and the buyer is obliged to hand them over. Upon repossession under the retention of title, the buyer must compensate any loss and all costs, including legal costs, incurred by CINAS. The buyer is not entitled to resell, pledge, lend, lease or otherwise dispose of the delivered goods, or to incorporate the delivered goods into real property in such a way that the retention of title cannot be maintained, until full payment has been made. If enforcement is sought against the delivered goods by third parties, including attachment, the buyer is obliged to immediately notify CINAS thereof.

Limitation of liability

Any liability for damages on the part of CINAS is limited to cases where CINAS has acted with gross negligence or intent, and such liability does not include indirect losses of any kind, including operating losses, loss of profit, loss of goodwill and the like. Furthermore, any liability for damages on the part of CINAS is capped at an amount corresponding to the total consideration under the individual order confirmation issued by CINAS to the buyer, however with a maximum of DKK 50,000 in each individual case. CINAS reserves the right to correct printing errors, pricing errors, and changes in VAT and duties.

Force majeure

If CINAS, due to circumstances arising after the conclusion of the order and beyond CINAS’ control, e.g. but not limited to strike, lockout, fire, lack of means of transport, war, currency restrictions, prohibition of import/export, etc., is prevented from delivering on time, the delivery obligation is suspended for the duration of the impediment.

The buyer is entitled to terminate the purchase under the conditions stated under “Defects” and cannot, in connection with any termination, raise any claim for compensation of any kind. CINAS is entitled to cancel the purchase without this entitling the buyer to claim compensation of any kind when the impediment to delivery has lasted for 30 days. The party wishing to invoke force majeure must notify the other party in writing of its occurrence and cessation without undue and unjustified delay.

Intellectual property rights

Any of CINAS’ intellectual property rights, including but not limited to design rights, patent rights, copyright, trademark rights and know-how relating to CINAS’ products etc., belong without limitation to CINAS, and the buyer may not use them without CINAS’ express written consent.

Venue and choice of law

Disputes arising in connection with these terms of sale and delivery shall be settled under Danish law. Venue for legal proceedings brought by the buyer against CINAS is the Maritime and Commercial High Court in Copenhagen. Venue for legal proceedings brought by CINAS against the buyer is the Maritime and Commercial High Court in Copenhagen or the buyer’s general venue, at CINAS’ choice.

*) These terms of sale and delivery have been prepared in Danish and English for download. In the event of discrepancies between the two versions, the Danish version shall prevail.

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