The terms and conditions apply to all offers, sales and deliveries from La Vida ApS, unless the parties have agreed otherwise in writing.
are, without exception, made subject to intermediate sales, cf. 4. If La Vida
ApS makes an offer to which no acceptance period has been attached, the offer
has lapsed no later than 12.00, 14 days from the date of the offer.
is entitled to cancel an order up to 20 days after the order has been confirmed
with La Vida ApS, against which the buyer pays 20 percent of the purchase price
of the goods that are cancelled. The compensation of 20 percent of the purchase
price of the canceled goods must be paid at the latest at the same time as the
cancellation of the goods in question.
period until the buyer's acceptance has reached La Vida ApS, La Vida ApS is
without exception entitled to dispose of the sold by selling the goods offered
to the buyer to a third party. If the offered item is sold to a third party,
this causes the offer to the buyer to expire. La Vida ApS must, if the original
buyer sends acceptance, notify him without undue delay that the offered item
has been sold with the effect that the offer has lapsed.
stated by La Vida ApS are exclusive of Danish VAT as well as taxes, duties or
charges that may be imposed on the sale item as a result of delivery from La
Vida ApS, Denmark. In the offer, the prices are stated in the customer's
currency, unless otherwise agreed in writing between the parties. La Vida ApS
reserves the right to change the agreed prices, as the prices include is based
on agreements in foreign currency, import and customs costs. La Vida ApS can
therefore regulate the price until the time of delivery as a result of changes
in the stated conditions, including but not limited to changes in exchange
rates. The starting point is the rates and rates applicable at the time of the
offer, and adjustments are made based on this. The buyer is entitled to
documentation for the price adjustment in the event that the price is adjusted
by more than 3 percent. La Vida ApS reserves the right for typographical and
typographical errors in price statements, and the prices stated in La Vida
ApS's marketing material are indicative only. All prices stated by La Vida ApS
are, if nothing else is stated, excl. shipping costs and fees. Regarding orders to Denmark, a processing fee
of DKK 100.00 is imposed on all orders below a value of, or converted to a
value of DKK 1,000.00. Regarding orders to Finland, a processing fee of EUR 10 is imposed on all orders below a value of, or converted to a value of EUR 150.
must be made at the latest on the date that the invoice states as the last timely
payment day. If no last due date of payment is stated on the invoice, payment
must be made in cash at the time of delivery. If delivery is postponed as a
result of the buyer's circumstances, the buyer must nevertheless pay what was
agreed between the parties within the payment deadline, unless otherwise agreed
in writing between the parties. La Vida ApS is entitled to calculate interest
in case of late payment and impose a reminder fee in accordance with the
legislation in force at any time. Interest is charged corresponding to the
procedural interest applicable at any time. It has been agreed between the
parties that the buyer is not entitled to offset against the agreed purchase
price, unless La Vida ApS has acknowledged the counterclaim in writing and
prior to acceptance. If goods are not taken at the time agreed between the
parties, La Vida ApS, after notifying the buyer of a period of 5 days to take
the goods in question, can sell them to another party at the buyer's expense
and at the same time claim storage costs reimbursed by the buyer. If the buyer
does not take delivery of the goods in a timely manner, these are disposed of
at the buyer's risk and expense.
reserves the right of ownership to the sold item until effective payment has
been made of the purchase price agreed between the parties, incl. costs. The
retention of title is maintained even if the sold item is converted or
processed, after which the retention of title includes the converted or
processed items corresponding to the value of the sold item.
made ex factory unless otherwise agreed in writing. The delivery time is
determined by La Vida ApS according to its best judgment in view of the
circumstances present at the conclusion of the agreement. A postponement of the
delivery time by La Vida ApS by up to 14 days from the agreed delivery time
shall be deemed to be timely delivery. La Vida ApS is obliged to give notice as
soon as possible if the delivery time is postponed. Delay in delivery due to
force majeure entitles La Vida ApS to postpone the time of delivery until force
majeure no longer exists, however the parties can cancel the purchase without
liability if the condition lasts beyond 60 days from the agreed delivery time.
La Vida ApS is also entitled to cancel the purchase without liability, if the
force majeure condition results in product shortages or price changes of more
than 5 percent.
and packing is at the buyer's expense, unless otherwise agreed in writing
between the parties. If the buyer wants special packaging, the buyer must
supply this. Packing and packaging in the buyer's own packaging is at the
buyer's expense and risk. La Vida ApS is entitled to invoice the buyer for a
replacement pallet, if the buyer does not deliver one of similar quality to the
one it was delivered to the shipping company upon receipt.
purchased item is delivered with the drawings and specifications drawn up by
the manufacturer without responsibility for La Vida ApS.
Defects and complaints
Purchased is delivered, the Purchaser shall immediately review the Delivered in
accordance with proper business practice. In the event that the buyer wishes to
claim a defect, the buyer must immediately complain in writing to La Vida ApS.
In the complaint, the buyer must state which defects are claimed. If the buyer
has discovered a defect, or should have discovered it, and the complaint is not
made immediately and in writing as stated, the buyer has lost the right to
claim the defect. La Vida ApS has, if the defect is recognised, the right to
re-deliver or remedy at La Vida ApS's choice. In order for a defect to be
asserted against La Vida ApS, it must be asserted no later than 6 months after
the time of delivery. Any constructive or destructive change to what is sold by
the buyer or his customer exempts La Vida ApS from any responsibility or
Limitation of liability
Claims for compensation against La Vida ApS cannot exceed the invoice amount for the sale item or purchase agreement in question, to which the situation giving rise to liability for compensation can be attributed. Compensation for indirect losses, including – but not exclusively – financing costs, lost utilization of resources, operating losses, cannot be asserted against La Vida ApS. If the non-delivery is due to force majeure, the buyer cannot assert rights of default against La Vida ApS. Force majeure includes any delivery obstacle that La Vida ApS could not reasonably foresee and expect for the delivery in question at the time of the agreement, including - but not limited to - supplier failure, product shortages, work stoppages, blockades, import or export bans, currency restrictions, customs restrictions and barriers , natural disasters, transport obstruction and IT breakdowns. La Vida ApS can invoke force majeure if the cost of alternative delivery, including any alternative form of delivery, exceeds the agreed purchase price. If the buyer complains about a delay, La Vida ApS must notify the buyer within 5 working days of the complaint, if the delay is due to force majeure. If La Vida ApS has not delivered the sale item no later than 60 days after receiving the buyer's complaint, the buyer can withdraw from the purchase agreement. If the buyer withdraws from the purchase agreement, the buyer cannot make any claim against La Vida ApS, except for repayment of any pre-paid purchase price. La Vida ApS cannot be held responsible for third-party claims that the sale item constitutes an infringement of intellectual property rights belonging to third parties.
liability, the rules applicable at all times in Danish law apply. La Vida ApS
is not responsible for operating loss, loss of profit or other indirect loss in
relation to this. Any claim made against La Vida ApS as a result of product
liability is limited to the amount that La Vida ApS may be able to get paid
from its supplier or the manufacturer.
where the buyer wishes to return the sold item or parts of it, before the goods
are returned, there must be a written agreement to this effect with La Vida
ApS. In the absence of a written agreement to this effect, the goods in
question will be rejected. If a written agreement has been entered into to
return goods to La Vida ApS, these will only be accepted as returns, as long as
the goods are in their original packaging, and the shipment is at the buyer's
expense and risk. In cases where the goods in question have been returned for
repair or exchange, the buyer is obliged to pick up the goods at his own
expense and risk after La Vida ApS's notification to this effect.
La Vida ApS
is entitled to transfer rights and duties according to the parties' agreement
to a third party. The buyer is not entitled to transfer rights or obligations
to third parties without La Vida ApS's prior written consent.
that cannot be resolved amicably must be settled by the ordinary courts at La
Vida ApS venue under Danish law. La Vida ApS is entitled to have a dispute
settled by arbitration at the Arbitration Institute in accordance with the
rules adopted by the Arbitration Institute, which are applicable at the
initiation of the arbitration proceedings, if La Vida ApS so wishes.