BIBS Denmark ApS General Sales Terms 2021
Application

These general sales terms shall govern all sales and deliveries of BIBS pacifiers and accessories (“Products”) between BIBS Denmark ApS (“BIBS”) and the dealer (“Dealer”) (individually the “Party” and collectively the “Parties”). Any deviation from these general sales terms shall be subject to writ-ten agreement between the Parties. Any general terms of purchase on the part of the Dealer shall not be recognized unless approved in writing by BIBS.

Order and confirmation

All orders for Products must be placed in writing via email or submitted online on a designated platform provided by BIBS. The order becomes binding for both Parties upon receipt of an order confirmation from BIBS. The Dealer may not cancel any order unless BIBS agrees in writing.

Payment terms

Unless otherwise agreed, the invoice must be paid to BIBS 5 working days prior to the confirmed expected shipment date in order for BIBS to be able to ship the order with no delay in process.

If payment has been registered minimum 5 days prior to the confirmed shipment date, the shipment will be released at the confirmed shipment date (or earlier, if possible). If payment has not been registered minimum 5 working days prior to the confirmed shipment date, the booking of the shipment will be postponed until the full payment has been registered. In the event of the Dealer’s payment being delayed more than 2 weeks, BIBS is entitled to cancel the agreement between the Par- ties and claim damages for any loss suffered by BIBS.

Only bank transfers are accepted. The payment must be made to BIBS’ bank account printed on BIBS’ invoices or as otherwise communicated in writing. The Dealer is only discharged from its payment obligation when payment is received on BIBS’ bank account.

Delivery

The agreed terms of delivery are ex BIBS (incoterms 2020). BIBS charges the Dealer with freight costs, including insurance costs for the delivery. Any order under DKK 1,500 is subject to a handling fee of DKK 35. BIBS does not deliver backorder unless otherwise agreed.

Missing goods

Missing goods on delivery must be reported to BIBS within a maximum of 14 days. The same applies if the customer does not believe that the delivery is in line with the invoiced.

Delays

BIBS must deliver the Products at the time and in the quantity set out in the order confirmation. BIBS must give notice to the Dealer of any delay or expected delay in a delivery and stating a date on which BIBS expects the delayed delivery to
be made. Delay with delivery shall be deemed immaterial unless it is accepted in writing by BIBS that a delay is deemed material or BIBS is still unable to supply the Products agreed after a substantial delay has occurred defined as 14 days after the Dealer’s written request. Only in the event of a material delay according to the above, the Dealer is entitled to remedies against BIBS of either renegotiation or cancellation of the agreement between the Parties. Other than cancellation, the Dealer has no claims against BIBS because of delays. BIBS is entitled to postpone the delivery of the Products to the Dealer if BIBS’ subcontractor is late in delivering to BIBS.

BIBS shall be entitled to deliver orders for Products in instalments.

If the delivered Products show any signs of damage upon arrival, this must be noted on the freight receipt before signing for the receipt. Photos and a warranty report describing the extent of the damage must be submitted to BIBS within 2 business days upon receipt by email to [email protected] If the Dealer fails to meet these requirements, BIBS will reject the claim.

Returns

Unless otherwise agreed delivered Products are not eligible for return or exchange.

Product Recalls

In order to assist BIBS in the event of a recall of Products sold by the Dealer, the Dealer shall maintain a complete and current listing of the locations of all Products in the Dealer’s inventory and the contact details of customers who have purchased Products from the Dealer together with the dates of such purchases and Product batch numbers.

Liability for defects

BIBS shall by replacement remedy any defects due to faulty materials or workmanship. The Dealer’s entitlement to remedies require that the Dealer informs BIBS of the defects without undue delay and makes the defective Product available to BIBS. The information to BIBS must include the following information: Model, order number, hand over date, a detailed written description of the material defect, photographs and/or video recordings illustrating the defect. Claims must be placed in writing to [email protected] or submitted online on a designated platform provided by BIBS. BIBS will cover the cost of shipping of replacements to the Dealer if the Product is deemed defective by BIBS.

The right to claim replacement is the Dealer’s solely remedy in the event of defects.

BIBS’ liability for defects is limited to defects that appear within a period of 3 months after the time of delivery or such longer mandatory warranty period applicable in the Dealer’s territory.

Liability for damages

BIBS is only liable for direct damages caused by the Products in the form in which they were provided. Thus, BIBS is not liable for damages caused by the Dealer’s or subsequent resellers’ inproper use, storage or similar use of the Products. Nor is BIBS liable for any claims for any consequential or indirect loss, including, but not limited to, operating loss, loss of profits, loss of time or business interruption arising from or relating to any breach of these general sales terms. The liability of BIBS can never exceed the sum of the purchase price for the Products delivered to the Dealer in the last 12 months’ period prior to incident causing the claim for damages.

Product Liability

BIBS is liable for damage or injury caused by a defective Product according to the general rules of Danish law and disclaims its liability to the furthest extent possible in relation to product liability. BIBS is not liable for any damage occurred as a result of the Dealer’s fault or negligence or for any damage of which the risk hereof has increased due to the acts or omissions
of the Dealer. The Dealer shall take out and maintain at all times public and product liability insurances including insurance against injury and death to persons arising out of or in connection with the use of the products.

Force Majeure

Neither BIBS nor the Dealer will be liable in any way for failure or delay in performing its obligations when such failure or delay is due to force majeure or an act of God or any other cause that was unforeseeable at the time of entered into these general sales terms and that is beyond the Parties’ reasonable control.

Governing law and disputes

The validity and interpretation of these general sales terms are governed by and will be interpreted in accordance with Danish law. Any dispute between the Parties will be settled by the Copenhagen City Court. Irrespective of the before mentioned venue, BIBS shall in its discretion be entitled to bring monetary claims against the Dealer before the Dealer’s home court.

Data protection

BIBS processes its customers’ personal data for the relevant purposes only and according to the statutory provisions. BIBS only uses personal data received for the purpose of ordering goods (e.g., name, email address, address, payment details) for fulfilling and executing the agreement. These data are handled confidentially and are not disclosed to third parties who are not involved in the order, dispatching and/or payment process. Dealer has the right to receive information free of charge upon request on the personal data BIBS have saved on Dealer. In addition, Dealer has the right to the rectification of incorrect data, to block and erase personal data unless a statutory obligation to retain it applies.

COOKIE- OG PRIVACY POLICY AT BIBS DENMARK APS
Introduction

When you visit our site, we collect information about you, which is used to personalize and improve our content and to create more value with the ads that appear on the page. If you do not want information collected about you, you should delete your cookies and refrain from further use of the website. In the sections below, we have elaborated on what information is collected, its purpose and what third parties have access to it.

Cookies

The website uses “cookies”, which is a text file stored on your computer, mobile or other. similarly for the purpose of recognizing it, remembering settings, performing statistics, and targeting ads. However, cookies cannot contain malicious code such as. virus.
It is possible for you to delete or block cookies. To do this, follow these steps: http://minecookies.org/cookiehandling
If you follow the instructions and delete or block cookies, then the ads you see will only become less relevant to you, while they will appear more frequently. At the same time, you may also risk that the website does not work optimally and that there is content that you cannot access.

PERSONAL DATA
General

Personal information is any form of information that may be attributed to you to some extent. When you use our website, we collect and process a number of such information. It happens, for example. by common interactions on the website such as signing up for our newsletter, participating in a competition / survey, registering as a new user / subscriber or by using other services or purchasing through our website.

We typically collect and process the following types of information: A unique ID and technical information about your computer, tablet or mobile phone, your IP number, geographic location, and which pages you click. To the extent that you give your explicit consent and enter the information yourself, we also process: Name, telephone number, e-mail, address and payment information. This typically happens when you create a login or purchase on the site.

Security

We process your personal information securely and confidentially in accordance with applicable law, including the Personal Data Regulation and the Data Protection Act.
Your information will only be used for the purpose for which it was collected and will be deleted when that purpose is met or no longer relevant.
We have taken technical and organizational measures to prevent your information from being accidentally or unlawfully deleted, published, lost, impaired or in the knowledge of unauthorized persons, abused or otherwise treated in violation of the law.

Purpose

The information is used to identify you as a user and to show you the ads that will be most relevant to you, to record your purchases and payments, and to provide you with the services you have requested, such as receiving newsletters. In addition, we use the information to optimize and improve our services and content.

Period of storage

We retain information for the period permitted by law and we delete it when it is no longer necessary or relevant. The period depends on the nature of the information and the background to the storage. Therefore, it is not possible to provide a general time frame for when information is deleted.

Disclosure of information

Data about your use of the website, what ads you receive and possibly click, geographic location, gender, and age segment, etc. disclosed to third parties to the extent that the information is known and if we use third parties. You can see which third parties are in the Cookies section above. The information is used for targeted advertising.

We also use a number of third parties to store and process data. These process information solely on our behalf and may not use it for your own purposes.

Disclosure of personal information such as name and email etc. will only happen if you consent to it yourself. We only use data processors in the EU or in countries that can provide your information with adequate protection.

Insights and complaints

You have the right to disclose what personal information we process about you in a regular format (data portability). You may also object to the use of the information at any time. You can also revoke your consent to processing information about you. If the information processed about you is incorrect, you have the right to have it corrected or deleted. Please contact: [email protected] If you want to complain about our processing of your personal data, you also have the opportunity to contact Datatilsynet </ a>.
If you no longer wish us to process your personal data or to limit the processing of your personal data, you can also send us a request to the above email address.

Publisher

The Website is owned and published by:

BIBS Denmark ApS
Høgevej 19
3400 Hillerød
Denmark
E-mail: [email protected]
VAT No.: DK37218146

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