TERMS and conditions
1. APPLICATION OF THE TERMS AND CONDITIONS
These General Terms and Conditions apply to the ordering of goods from Orgreen Optics A/S (hereinafter referred to as Ørgreen) via the Ørgreen Webshop. This shall also apply if the Ørgreen Web Shop is accessed from outside Denmark.
2. OFFER, ORDER CONFIRMATION, SELECTION OF GOODS, STORAGE OF THE ORDER TEXT
2.1. Any offering in the Ørgreen Webshop represents a non-binding invitation to order goods. By ordering, which is performed by clicking the “Buy” button, the customer will submit a binding offer to enter into a purchase agreement and agrees with the applicability of these General Terms and Conditions. The order confirmation that is sent automatically by Ørgreen after the dispatch of the order serves only to document that the customer’s order has been received by Ørgreen, but does not represent acceptance of the customer’s offer. A contract is deemed only to have been concluded after Ørgreen has issued a declaration of acceptance, which is sent in a further separate email (order confirmation or shipping confirmation), at the latest, however, by the dispatch of the ordered goods. Ørgreen will declare acceptance either by sending a declaration of acceptance or by dispatching the goods within two working days after dispatch of the order by the customer. If Ørgreen does not submit a declaration of acceptance within this period, the customer's order has not been accepted.
2.2. Ørgreen expressly reserves the right to make changes to the models or structures for deliveries within a contract, as long as such changes are not of a fundamental nature, do not significantly limit the contractual purpose and there is no unreasonable detrimental effect on the customer’s interests.
2.3. The contract text will not be saved by Ørgreen and can no longer be retrieved after completion of the order process. The ordering process information will be transmitted to the customer again with the email confirmation of the order. The customer can print out the order data immediately after submission of the order.
3. DELIVERY TIMES, WITHDRAWAL, DAMAGE CAUSED BY DELAY, PARTIAL DELIVERIES
3.1. The goods will be delivered in 1 to 3 business days within Europe. This webshop does not accept orders outside of the European Union. Please contact us if you wish to make a purchase outside of Europe.
3.2. Delivery is performed by sending the goods to an address specified by the customer. The customer warrants and represents that the complete and correct delivery address has been supplied with the order. If additional delivery costs are incurred as a result of incorrect delivery address data, the customer is to refund these to Ørgreen. The customer will be obligated to ensure that delivery of the ordered goods to the stated address is possible during regular business and delivery hours.
3.3. Delivery times can only be observed if the customer has complied with his or her obligations (for example, advance payment, complete and accurate delivery address, etc.).
3.4. If Ørgreen fails to observe delivery deadlines the customer is to set Ørgreen an appropriate grace period in writing, which is to commence upon receipt by Ørgreen of the setting of the grace period. The customer will only be entitled to withdraw from the contract after the grace period has expired without any result. Withdrawal by the customer from the entire agreement as a result of partial delay or partial impossibility is only permitted if the partial service already performed for the customer can be proven to be of no interest to the customer.
3.5. Even in case of agreed periods and deadlines, Ørgreen shall not be responsible for delivery and service delays as a result of force majeure. Force majeure shall be deemed to be war, riot, pandemics, interferences of higher authority, industrial dispute measures, strike or lock-out, lack of raw materials or energy, as well as unavoidable operational or transport interruptions, such as power failures, fire, flooding, or the adverse effects of weather impairing transportation. This shall apply even where the aforementioned conditions occur at the subcontractors of Ørgreen or where Ørgreen is not supplied by the subcontractors despite appropriate contracts that would have covered the requirement incurred by the agreement with the customer. In such event, Ørgreen shall be entitled to postpone the delivery or service by the period of the hindrance plus a reasonable start-up period or to withdraw in whole or in part from the agreement as a result of the part not yet fulfilled.
3.6. Ørgreen shall be entitled to make partial deliveries and perform partial services at any time as long as this is reasonable for the customer.
4. PRICES AND SHIPPING COSTS
4.1. All prices include the statutory value-added tax.
4.2. Shipping within the EU is free of charge.
4.3. Express delivery is available for orders within EU.
4.4. This webshop does not accept orders outside of EU and does not ship to countries outside of EU.
5. PAYMENTS, OFFSETTING, RETENTION
5.1. Payment for goods ordered from Ørgreen is to be made by credit card (VISA and MasterCard). Ørgreen reserves the right to accept other forms of payment in individual cases as well as to exclude forms of payment in individual cases.
5.2. In the event of payment by credit card (VISA and MasterCard) the data will be transmitted using Stripe. The customer will be charged the purchase price when the order is accepted. The transfer of data may take several minutes and must not be interrupted by the customer, e.g. by means of updating the browser page. Otherwise, this may lead to the credit card being charged twice. Ørgreen will issue refunds in justified cases within a maximum of 14 days of the reporting of any duplicate transactions to Ørgreen by the customer. Any costs incurred as a result of chargebacks initiated by the customer shall be passed on to the customer. In the event of credit card chargebacks that are not justified, a processing fee (usually 25.00 Euro) shall be charged.
5.3. The customer shall only be entitled to offsetting if his or her receivables are undisputed or have been legally determined. Any retention of payments by the customer as a result of counterclaims from other contractual relations is excluded.
6. RESERVATION OF TITLE
The goods shall remain the property of Ørgreen until they have been paid for in full. Prior to the transfer of ownership, no further sale, rental, pledging, assignment as security, processing, or reconfiguration is permitted without the express consent of Ørgreen.
7. WARRANTY
7.1. If the purchased product is defective, the customer shall be entitled to the statutory claims during the limitation period for claims based on defects.
7.2. In the event that a customer is a contractor, namely that the order is in pursuance of the customer’s commercial or independent professional activity, claims for defects shall lapse within 12 months from delivery of the goods. This does not include any claims relating to death, personal injury or impaired health on the basis of a negligent breach of duty by Ørgreen or an intentional or negligent breach of duty by a legal representative or vicarious agent of Ørgreen.
7.3. If usage and maintenance advice issued by Ørgreen is not followed, if the goods are modified, parts are exchanged, or consumables are used that do not comply with the original specifications, or if interventions are performed on parts for which this is not expressly authorized, the warranty will not apply if defects have arisen as a result of the aforementioned.
8. LIABILITY
8.1. Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health, as well as liability for other damages based on an intentional or grossly negligent breach of duty by Ørgreen, its legal representatives or vicarious agents. Furthermore, the liability for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely, remains unaffected. In the event of a slightly negligent breach of these contractual obligations, Ørgreen shall only be liable for the foreseeable damage typical of the contract, unless the damage is a compensation claim by the customer arising from injury to life, limb or health.
8.2. Section 8.1 shall also apply in favour of Ørgreen's legal representatives and vicarious agents if claims are asserted directly against them.
8.3. The provisions of the Product Liability Act and the applicable data protection laws shall remain unaffected.
9. RETURNS
9.1. Ørgreen grants the customer a right of return within 14 days after the customer or a third party named by the customer received the goods. The goods will be deemed returned within 14 days if the customer sends the goods within such time. Prerequisite for the exercise of the right of return is that the goods are returned complete, unused and without damage caused by the customer in the original sales packaging. Ørgreen does not bear the costs of returning the goods.
The customer is asked to send the goods to:
Ørgreen Optics A/S, Overgaden Oven Vandet 58A 1. Floot, 1415 Copenhagen C, Denmark
Ørgreen will use the same payment method as the Customer used for the original transaction to refund the purchase price of the goods, unless expressly agreed otherwise with the customer.
10. ORDERING PROCESS AND CORRECTION OF INPUT ERRORS IN OUR WEBSHOP
10.1. You can view goods in our Webshop by clicking on them. If you would like to order one or more of the selected goods, then click on “Add to basket”. The goods that you have selected are displayed by clicking once on the basket symbol. You then have the option to continue shopping and to place further items in your shopping basket. The number of items to be ordered is limited to customary commercial quantities. If you have placed all the goods that you want to purchase in your shopping cart, click on “Checkout”. You will then be guided through our ordering process. In order to proceed, you can register as a customer, log in with an existing customer account or continue without registration. Following this step, you can specify the desired payment method. Before you place your binding order, we will display the information about the selected goods, the unit price, the total price, as well as the chosen method of payment.
10.2. You can correct input errors that arise during the order process at any time by clicking the fields displaying the respective stage of the ordering process – thus allowing you to navigate forwards or backwards – or by clicking the browser’s “Back” button. In addition, in the “Verify and Confirm” page, you can make direct changes to your shopping cart, billing- and shipping address and payment method by clicking on the respective fields.
Last updated October 2020 Orgreen Optics A/S