Terms and Conditions

Validity

The terms and conditions apply to all offers, sales and deliveries from La Vida ApS, unless the parties have agreed otherwise in writing. 

Offer

All offers 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.

Orders 

The buyer 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.

Intermediate sale

In the 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.

Price

Prices 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.

Payment

Payment 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.

Reservation of title

The seller 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.

Delivery

Delivery is 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.

Packaging 

Packaging 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.

Specifications 

The purchased item is delivered with the drawings and specifications drawn up by the manufacturer without responsibility for La Vida ApS.

Defects and complaints 

When the 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 obligation.

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.

Product liability 

For product 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.

Return goods 

In cases 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.

Transportation 

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.

Disputes 

Any dispute 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.