1:Terms of reference
All agreements entered into between Buyarto (hereinafter “the Supplier”) and the customer (hereinafter “the Customer”) regarding the Customer’s purchase of products from the Supplier are subject to the following terms and conditions, unless otherwise specifically agreed in writing between the parties.
When the Supplier has forwarded the order confirmation to the Customer, the parties have entered into a final and binding agreement. The order confirmation, the invoice and these terms and conditions constitute the entire agreement between the Supplier and the Customer.
2: Placing orders
When the Customer places an order with the Supplier, the Supplier forwards an order confirmation to the Customer’s e-mail address, upon which the manufacturing of the ordered product will commence.
All prices are stated in EURO including VAT.
The Supplier may offer promotion codes for the Customer’s use when purchasing products. The Customer is responsible for entering the code upon placing an order. The Customer may only use one promotion code per order.
Specific terms and conditions for the promotion code in question will be stated where the promotion code is issued. Such terms and conditions may include the products and period, for which the promotion code can be used.
4: Terms of payment
The Supplier offers payment via credit or debit cards or via invoice.
When making payments via a credit or debit card, the Customer must use a valid credit or debit card. The Customer must type in the required card information when placing an order. The amount in question will be reserved on the card shortly hereafter. The amount in question will not be drawn from the account before the shipping of the order in question.
The Supplier reserves the right to verify the the validity of the Customer’s credit or debit card, compared to the order amount as well as the
Customer’s address information. The Supplier may reject payments depending on the result of the Supplier’s findings in this regard.
When making payments via invoice, the invoice will be sent to the Customer’s e-mail address, once the order in question has been shipped. All invoiced must be payed no later than 14 days after the date of issuance. Upon the Customer’s late payment, the Supplier is entitled to claim annual penalty interests in accordance with the Danish Act on Late Payment of Commercial Debts.
5: Delivery and risk
Once the Customer has placed an order, the Customer receives an order confirmation stating the estimated time of delivery. If nothing is clearly stated, the expected delivery time will typically be within 2-5 business days. All delivery times are estimates, and prolonged delivery times may occur.
The Supplier thus reserves the right of late delivery, where such late delivery is not caused by the Supplier’s circumstances. If a delivery is delayed due to circumstances not within the Supplier’s control, including but not limited to sub contractors’ delays and other external circumstances or force majeure circumstances, the expected delivery time will be postponed with the amount of days, where hindrances have lasted. The Customer is not entitled to, due to such circumstances, terminate the agreement and/or claim compensation or damages.
The ownership of all products remain with the Supplier until the Customer has made full payment for the product in question.
7: Intellectual property rights
The copy right to all products remain with the Supplier. If the Customer orders head shots, the Customer hereby and when placing an order, accepts that the Supplier is fully entitled to exercise the Supplier’s intellectual property rights to any such head shots.
Upon delivery of the products, the Customer is obligated to examine these without undue delay. The examination must determine, whether or not the products comply with the order confirmation.
The Supplier offers a 2 year right of complaint. All complaints must be made in writing and include due documentation of the defect in question as well as a reference to the order number in question.
If a product is defective, the Supplier may, at its discretion, give the Customer a price deduction or supply a substitute product within reasonable time. The Customer is not, in addition to this, entitled to demand any payment or make any claims against the Supplier in connection with the complaint.
The Customer is solely entitled to exercise its right of complaint, if the Customer has treated the product with due care. The Supplier does not accept complaints pertaining to products, whose appearance may have been altered due to wear and tear, i.e. a poster fading due to exposure to direct sunlight.
If the Customer is a business, all complaints must be made immediately after the Customer discovers or should have discovered the defect in question, and under no circumstances later than 14 days after delivery of the products. The Customer must observe its obligation to examine the product upon the delivery of these. If the Customer fails to do so, the complaint may be rejected as a late submittal.
When purchasing digital products, the Customer has acknowledged and accepted, that the Customer hereby loses its 14-days right of cancellation.
The Customer is entitled to return all other products from the time of placing the order and until 14 days after delivery of the products in question. The Customer will receive a refund of the purchase price in question. The Supplier reserves the right to make such refunds within 7 days from receiving the refunded product in question.
The Customer is solely entitled to return products, if these are in the same condition as they were upon delivery to the Customer. Returned products may thus not be damaged, creased, discolored, scratched or the like.
The Customer is obligated to pay all shipping costs when returning products in accordance with this section.
If the Customer has purchased head shots or any other products specially made to suit the Customer’s needs, i.e. specialized photography jobs carried out in accordance with the Customer’s instructions, the Customer is not entitled to 14-days right of cancellation, due to the fact that the products have been manufactured specifically in accordance with the Customer’s specifications.
If the Customer is a business, the Customer is not entitled to 14-days right of cancellation to digital or other products.
10: Personal data
When delivering products to the Customer, the Supplier processes personal data pertaining to the Customer.
The Supplier is not liable to the Customer for any indirect losses suffered by the Customer in connection with the Customer’s purchase of products from the Supplier. The Supplier’s total liability towards the Customer for any loss or damage the Customer may suffer in connection with the Customer’s purchase of products from the Supplier shall not exceed the total paid in amount from the Customer to the Supplier for the order in question.
The agreement between the Customer and the Supplier is governed by Danish Law. Any dispute arising between the parties in connection with this agreement shall be settled by the Danish courts in accordance with the Danish Administration of Justice Act.
If the Customer is a business, all disputes must be settled by the District Court of Odense.