General conditions of sales and delivery Brandheroes ApS CVR 37380865 November 2017
USE AND VALIDITY
The general conditions of sales and delivery (hereinafter referred to as “these terms”) apply for any sales by Brandheroes ApS CVR 37380865 (“BRANDHEROES”, “us” or “we”). These terms apply whether the agreement was made online, over the phone, via email or in any other way. Any deviation from these terms, as may be specified in the Buyer’s order regarding offers, orders, accepts and purchase conditions, etc., is void unless an agreement has been specifically approved by BRANDHEROES in writing. OFFER AND ORDER An offer from BRANDHEROES is created based on the information received from the Buyer. The Buyer is therefore obligated to ensure that we receive all relevant information in relation to the order.
An agreement between the Buyer and BRANDHEROES is not final until after the order is confirmed by BRANDHEROES in writing. If the Buyer has objections to the content of the order confirmation, these must be submitted in writing and received by BRANDHEROES within 24 hours after the order confirmation date. The Buyer can cancel or modify a given order, only if BRANDHEROES agrees with this in writing.
Due date for payment is 30 days from date of invoice. Any delay of payment entails an obligation for the Buyer to pay BRANDHEROES 1,5% default interest per month. In addition, the Buyer will be charged a reminder fee of DKK 100 for each reminder letter. The Buyer shall not retain payments or set off payments it owes as security for any counterclaims concerning other deliveries. This will be considered a serious breach of contract. GUARANTEE Any guarantee on BRANDHEROES’ part is binding, only after it has been agreed in writing.
BRANDHEROES is not responsible for whether an agreement with influencers is fulfilled.
DISCLAIMER AND LIMITATION OF LIABILITY
BRANDHEROES use 3rd party software vendors and data providers such as Facebook, Instagram and Google. We have no control over and are therefore unable to accept any responsibility for any indirect, economic or consequential loss for the Buyer whatsoever. This includes loss of revenue, loss of profits, loss of goodwill or reputation, loss of removal of data or any professional charges. BRANDHEROES also disclaims any liability for loss of data, software or costs associated with the recovery thereof. Furthermore, BRANDHEROES is not responsible for the availability of 3rd party data sources or software and can at any time cancel orders for refunds of the prepaid amount in the event that 3rd parties prevent the delivery. Our limitation of liability will not prejudice our obligations or liability under mandatory law. Any delay in delivery does not entitle the Buyer to exercise any remedies unless it has been agreed in writing.
BRANDHEROES is not liable for failure to meet its delivery obligations, if the situation is due to circumstances beyond our control, including force majeure. We reserve the right to cancel or to deliver the order as soon as the situation is back to normal. If the fulfilment of the order has been impossible for more than 3 months due to force majeure, the Buyer may terminate the agreement without claim for compensation. Force majeure occurs when BRANDHEROES or our subcontractors are prevented from fulfilling our obligations as a result of war, civil war, rebellion, public restrictions, import or export bans, natural disasters, including but not limited to earthquakes, floods, storm surges, tornadoes, volcanic eruptions, and labour disputes, strike, fire or similar circumstances that BRANDHEROES was not able to avoid at the time of the conclusion of this agreement and whose consequences we were not able to prevent. PERSONAL DATA The Buyer is responsible for complying with the personal data protection act, including regulations on security. BRANDHEROES cannot be held responsible provided that we meet the Buyer’s specifications.
The Buyer is responsible for complying with the marketing act, and BRANDHEROES cannot be held responsible provided that we meet the Buyer’s specifications.
BRANDHEROES may reference to the Buyer and the Service in our marketing and PR material.
PROPERTY RIGHTS, COPYRIGHT, ETC.
Any materials, creative concepts, knowhow, methods or products developed collectively or by BRANDHEROES, our subcontractors or the Buyer are free to use by the Buyer and BRANDHEROES. The copyright belongs to BRANDHEROES, and the Buyer may use the work only when the full purchase price plus any interest has been paid.
BRANDHEROES is entitled to allow part or all of the work to be performed by subcontractors.
LAW AND VENUE
Any dispute concerning the interpretation of the agreement, or the fulfilment and enforcement of these terms will be brought before the court in Randers in accordance with Danish legislation. This conflict rule does not include Danish Private International Laws.