Terms & Conditions

General information
TONI A/S
Lykkesholms Allé 11a
1902 Frederiksberg C, Denmark
E-mail: s@toni.dk
Phone: +45 36 70 14 22

 
1. application

1. Unless otherwise expressly agreed in writing, these general terms and conditions of sale and delivery ("Conditions") apply to all orders, sales and deliveries of goods and/or services from the Seller.
2. The Buyer's terms and conditions of sale and delivery shall not apply in an agreement for the purchase of Products between the Buyer and the Seller, regardless of the Buyer's reference to these in orders, inquiries and elsewhere.

 
2. Definitions

1. "Seller" picky TONI A/S, CVR no. 40784608, Lykkesholms Allé 11a, 1902 Frederiksberg C, Denmark.
2. "Buyer" means any business that purchases or otherwise receives Products and/or services from Seller. Seller only offers sales to authorized plumbers or authorized dealers. The Seller does not generally offer sales to private customers.
3. "Products" means any goods sold and/or delivered by the Seller.
4. "Order Confirmation" means a written confirmation from the Seller of an order placed by the Buyer and/or a confirmation of an agreement concluded between the Seller and the Buyer.

 
3. prices

1. All prices of the Seller's goods and/or services are stated exclusive of VAT, customs duties, delivery costs and other charges that may be imposed on the Buyer's order.
2. The applicable prices appear from the Seller's current price list, website or from the order confirmation sent to the Buyer.
3. All prices are adjusted according to the DKK exchange rate.
4. All taxes, including VAT and customs duties, shall be borne by the Buyer.
5. The Buyer shall bear all relevant costs for delivery.

 
4. Orders

1. An order can be placed by the Buyer via the Seller's partner shop or via e-mail.
2. The Buyer's order is not binding on the Seller until the Seller has sent a written Order Confirmation.
3. The Order Confirmation is the Buyer's documentation for the Products ordered, including the quantity and price of the Products. The Buyer must immediately report any errors or deviations on the Order Confirmation to the Seller.
4. The Buyer's order will be delivered according to the information stated in the Order Confirmation and in accordance with these Terms.

5. Payment

1. Payment is made by bank transfer, cf. the instructions and terms stated on the Seller's website or in the Order Confirmation.
2. The Buyer is not entitled to withhold, revoke payment, or set off for claims invoked by the Buyer but not recognized by the Seller.
3. If the Buyer does not comply with the agreed payment terms, the Seller is entitled to terminate the agreement. In the event of termination where the Products have already been delivered to the Buyer, the Buyer is obliged to return the Products in the same condition and quantity as when the Buyer received the Products. The Buyer shall bear all costs in this connection.
4. If payment has not been made by the due date and the Seller wishes to maintain the purchase, the Buyer is obliged to pay interest on the amount due, calculated as the official lending rate of Danmarks Nationalbank per January 1, 2022 plus 8%. In addition, the Buyer must pay a reminder fee/administration fee of DKK 800.00 per reminder letter.

 
6. Delivery

1. Unless otherwise agreed, delivery of the Products to places other than Denmark shall be made in accordance with Incoterms 2020 Ex Works.
2. Delivery of an order in Denmark is made by GLS. Delivery can be expected between 07.00-16.00, but the Seller is not responsible for delivery being made during this time. The buyer pays the freight price.
3. Delivery of an order in countries other than Denmark is made by GLS or UPS.
4. The delivery time is calculated from the date on the Order Confirmation. The delivery time may vary, as the Products are handmade, but the Seller endeavors to deliver the Products as soon as possible.
5. The Seller may deliver installation bodies for walling-in prior to delivery of the Buyer's total order. This requires written agreement between the Seller and the Buyer.
6. The Seller is not responsible for delays caused by force majeure, such as, but not limited to, war, strikes, lockouts, extreme weather and natural disasters, import bans, epidemics, etc.
7. If the Buyer does not comply with the agreed payment terms, cf. clause 5.1-5.4, the Seller is entitled to refuse to deliver the Products.

7 Returns

1. If the Buyer wishes to return the Products, the Buyer must notify the Seller within 14 days after delivery that the Buyer regrets his purchase and wishes to return the Products.
2. The Buyer may return purchased Products to the Seller, provided that the Products are returned in their original packaging and that the Products are in undamaged and unused condition. As the Seller produces the Products according to the order received, the Buyer will only receive 50% of the purchase price back. If the Products are not returned in accordance with clause 7.2, the Seller is entitled to make a proportional reduction in the purchase price in addition to the 50% reduction, see above.
3. Returns must be sent to TONI A/S, Lykkesholm Allé 11A, 1902 Frederiksberg C, Denmark.
4. The Products must be received by the Seller 14 days after the Buyer has notified the Seller that the Buyer wishes to cancel his purchase. In the event that this deadline is exceeded, the Seller may refuse to receive the Products, and the Buyer is not entitled to claim its payment for the Products back.
5. The Seller shall refund the amount without undue delay and no later than 14 days from the date the Seller has received adequate and sufficient documentation that the Buyer has returned the Products. If the Seller does not receive such documentation, 14 days shall be calculated from the date on which the Seller received the returned Products.
6. The Buyer shall bear all costs and risk of returning the Products until the Products are received by the Seller.

 
8. complaints, defects and delays

1. In connection with delivery, the Buyer is obliged to immediately conduct a thorough and appropriate inspection of the delivered Products.
2. If the Product suffers from a defect, the Buyer shall notify the Seller immediately after delivery if the Buyer wishes to invoke the defect.
3. The Buyer's warranty does not cover defects, damage, wear and tear or other defects resulting from incorrect operation, poor maintenance, violence, unauthorized intervention, non-compliance with instructions for use or other conditions for which the Buyer is responsible.
4. If the Seller acknowledges a defect, the Seller may choose between (i) leaving the defect
5. remedy by the Seller, (ii) replace the Product, or (iii) cancel the order.
6. The Seller shall only be obliged to remedy defects or replace the Product if (according to the Seller's assessment) it is not considered disproportionately costly for the Seller.
7. In the event of a complaint, shipping costs for returning the Product shall be borne by the Seller.
8. Regardless of the Seller's liability under this section, the Seller's maximum liability shall not exceed DKK 100,000.00.
9. If the Seller is delayed with the delivery of an order, the Seller may postpone delivery for up to 30 days without liability. If the delay continues thereafter, the Buyer may choose to cancel the purchase. However, in this situation, the Buyer cannot claim compensation if the Seller refunds the purchase price.

9. Assembly

1. Installation is not included in or part of a delivery of the Products, unless otherwise stated on the Seller's website or in a written agreement between the Seller and the Buyer.

 
10. Property rights

1. The Seller retains full ownership of the Products until payment from the Buyer has been made in full.

 
11 Product liability

1. Product liability is governed by the rules of Danish law applicable from time to time.

 
12. Jurisdiction and choice of law

1. These General Terms and Conditions, order confirmations, agreements and/or transactions to which these conditions apply are governed by Danish law and shall be enforced and interpreted in accordance with Danish law.
2. In the event of any inconsistency between the United Nations Convention on Contracts for the International Sale of Goods ("CISG") and these General Terms and Conditions, these Terms and Conditions shall prevail.
3. Any dispute arising between the Buyer and the Seller, including any dispute concerning the validity of these terms and conditions, shall be settled by the City Court of Copenhagen in first instance with the usual right of appeal. However, the Seller may choose to have the case decided by arbitration administered by the Danish Institute of Arbitration in accordance with the Danish Act on Arbitration/Rules of Arbitration Procedure adopted by the Danish Institute of Arbitration. The place of arbitration shall be in Copenhagen, Denmark.

 
Updated April 15, 2024