Sales & delivery terms
Bloomingville A/S - United Kingdom (and listed European Countries)
1. CONTRACTUAL BASIS
These sales and delivery terms shall apply to all orders placed by a Customer and shall apply to all deliveries consequently made by Bloomingville A/S, Lene Haus Vej 3-5, 7430 Ikast, Denmark (cvr-nr 27919081).
Bloomingville’s order confirmation, these sales & delivery terms, the Danish Sale of Goods Act and other optional law shall apply to all Bloomingville orders and delivery agreements in the above order of priority.
2. ORDER & ORDER CONFIRMATION – DELIVERY EXTENT
Orders placed by a Customer, including orders placed by means of phone are not binding to Bloomingville A/S unless Bloomingville A/S has confirmed the order in writing to the Customer by means of a written order confirmation. The Customer shall check the order confirmation to ensure its correspondence with the order placed. We will process your order and send the available products as soon as possible. This means that available items will be shipped immediate. When placing an order, which can be shipped immediately, the customer hereby disclaim the right to make any changes to it. If the customer makes no objections within the above deadline, the order confirmation shall be binding and Bloomingville shall not be liable for errors in the order confirmation.
Unless otherwise specified in the quotation, quotations made by BV shall lapse if not accepted as made no later than fourteen (14) days after the date of the quotation. BV shall not be bound by the quotation, and an agreement shall thus be binding only when BV sends an order confirmation after receipt of the Customer’s acceptance. Please refer to above- mentioned paragraph and terms stated for the regulation hereof.
3. DELIVERY & TIME OF DELIVERY
Unless otherwise expressly agreed in writing and stated in the written order confirmation, delivery shall be made DAP (Delivered at Place) for countries within the EU and DDP (Delivered Duty Paid) for Norway, United Kingdom, and Switzerland in accordance with existing price list. The delivery address influences the freight calculation and determines the freight bill. In all other markets delivery shall be Ex Works. All deliveries are made under reference to Incoterms 2010.
Bloomingville shall pay the cost of carriage for orders, exceeding the below listed minimum total order values. However, Bloomingville shall not pay the cost of carriage for orders below the listed minimum total order values, consequently such orders will be charged an additional freight cost; pls. see individual freight cost percentages listed below.
For remaining European countries, placing their orders in EURO currency – pls. see list below:
Orders from United Kingdom
- Orders exceeding GBP 1.200: Carriage paid
- Orders below GBP 1.500: 10% freight
- All deliveries, including back orders and whatever their value, incur a GBP 20 handling charge to cover the customs clearance fee.
Orders from Austria, Belgium, Finland, France, Germany, Ireland, Italy, Luxemburg, The Netherlands, Poland, Portugal, Spain & Switzerland
- Orders exceeding EUR 1.000: Carriage paid
- Orders below EUR 1.000: 10% freight
- Delivery fee orders below EUR 500 if shipped on a pallet: EUR 50
- Delivery fee orders below EUR 500 if shipped as parcels: EUR 25 per parcel.
- Custom fee per shipment for Switzerland: EUR 70
Orders from Andorra, Bulgaria, Croatia, Czhech Republic, Estonia, Hungary, Latvia, Lichtenstein, Lithuania, Monaco, Romania, Slovakia & Slovenia
- Orders exceeding EUR 2.000: Carriage paid
- Orders below EUR 2.000: 15% freight
- Delivery fee orders below EUR 500 if shipped on a pallet: EUR 75
- Delivery fee orders below EUR 500 if shipped as parcels: EUR 29 per parcel
Orders from Norway
- Orders exceeding NOK 10.000: Carriage paid
- Orders below NOK 10.000: 10% freight
- Delivery fee orders below NOK 5.000 if shipped on a pallet: NOK 500
- Delivery fee orders below NOK 5.000 if shipped as parcels: NOK 150
Orders from Sweden
- Orders exceeding SEK 10.000: Carriage paid
- Orders below SEK 10.000: 10% freight
- Delivery fee orders below SEK 5.000 if shipped on a pallet: SEK 500
- Delivery fee orders below SEK 5.000 if shipped as parcels: SEK 75
Orders from all remaining countries
- Will be delivered ex works from Denmark based on actual freight rate.
Deliveries for islands will be charged the exact freight cost of the delivery. Customers on Islands can always choose delivery for any port on main land for normal delivery terms & conditions.
If products on small orders and back-orders for some reason are not suitable to be shipped as parcels, they will be shipped with your next delivery to avoid damaged goods.
Note: Any shortages or breakages on the pallet must be reported to Bloomingville within 24 hours of receipt of pallets. Missing claims or damage claims reported after this period, will not be accepted.
If there are visible damages on the pallets upon delivery, reservations must always be made on the driver's cargo note. If this is not the case, the claim right will fall away.
Delivery shall thus be at the customer’s risk irrespective of its being arranged by BV The Customer is consequently responsible for taking out a transport risk insurance, irrespective of the transport being arranged by Bloomingville.
If Bloomingville A/S is not responsible for arranging the transportation or the delivery cannot be ful-filled to the customer at the agreed delivery address, Bloomingville A/S shall be entitled to store and ensure the delivery at the Customer’s cost and risk.
The estimated dispatch time is stated in the written order confirmation. The estimated time of dis-patch stated in the order confirmation is approximate and a later delivery time cannot be consid-ered a delay, nor will a delivery before the stipulated dispatch time entitle any compensation to be paid to the Customer. The Customer accepts that delivery in lots may occur and will be invoiced based on the lot concerned. Back orders shall be delivered as agreed with the customer. If the cus-tomer refuses delivery or is unable to accept delivery on the agreed date, the customer shall cover any associated costs or loss incurred by BV, including the costs of insurance and storage until the customer has accepted delivery on the agreed terms.
4. PRICES AND TERMS OF PAYMENT
All prices stipulated by Bloomingville A/S shall be in GBP/EUR, excluding VAT and for delivery. Cost of carriage and customs fees are added separately.
If the prices of the quoted or agreed delivery are amended because of amended purchase prices, exchange rates, carriage, duties, taxes etc., BV shall be entitled to amend the prices quoted to or agreed with the customer on ten (10) days’ notice prior to the agreed time of delivery.
All Bloomingville A/S deliveries are subject to a prior agreement with Tryg Garanti (Tryg Guaranty) credit insurance company. If a credit insurance on the Customer for net 30 days from the date of invoice is obtained with Tryg Garanti the total order amount will be invoiced on the day the order is processed and finally dispatched from Bloomingville A/S’ address to the Customer. If a Credit Insurance from Tryg Garanti cannot be obtained in respect to the Customer, Bloomingville A/S will subsequently forward a pre-payment notice to the Customer. When Bloomingville A/S receives the Customer’s pre-payment, the order will be picked and dispatched for immediate delivery to the Customer. Bloomingville A/S shall be entitled to postpone any delivery until the total invoice value has been received
If the Customer does not settle a due payment in full within the date set, a default interest of 2% will subsequently be charged for each month commencing, calculated from the due payment date and until payment has been made. Any payment default on part of the Customer shall be considered material breach and Bloomingville A/S shall thus be entitled to stop any other deliveries to the Customer and assume no liability, consequently. Bloomingville shall also be entitled to demand prompt payment of all invoices from the Customer, this applies to due invoices as well as non-due invoices. In addition, hereto, Bloomingville A/S shall be entitled to assert general claims for breach of contract.
The Customer cannot pay for outstanding deliveries by deducting potential credit note amounts unless this is specifically agreed with Bloomingville beforehand and confirmed in writing.
5. RETENTION OF TITLE
The delivered products shall remain the property of Bloomingville A/S until payment, including any interest and costs, has been made in full. The customer shall take all necessary precautions to separate and protect Bloomingville A/S’s property until the title has passed to the customer.
6. ORDER ANNULMENT
Bloomingville A/S shall be entitled to annul an order partly or entirely, including e.g. sold out goodsand back order goods.
7. LIABILITY FOR DEFECTS AND LIMITATION
Immediately upon delivery at the delivery address agreed and in any event no later than fourteen (14) days after receipt of the delivery, the customer shall perform an examination of the products as required by proper business practice. Complaints regarding defects shall be made in writing by means of the complaints formula available on the Bloomingville web portal. The customer must forward the complaint s formula to the Bloomingville A/S customer service department. Complaints must be filed upon the customer’s receipt of the goods, but no later than fourteen (14) days after delivery.
Return of goods shall be subject to previous written agreement with BV. Products that are returned to BV without prior agreement will not be credited but stored at the expense of the customer no more than 30 days after which Bloomingville A/S is entitled to annul the order agreement and forward claim for lost profit contribution in full. In the event of timely and justified complaint, BV’s liability shall be limited to price reduction or free delivery of an equivalent new product within a reasonable deadline. BV shall, however, at its own option, be entitled to pay compensation to the customer not exceeding the invoice value (VAT excluded) of the defective product. BV shall pay no other damages or compensation. The customer may claim only the rights expressly stated in these sales and delivery terms. In the event that the customer forwards complaints regarding defects, which are found not to beBloomingville A/S’ fault, the customer shall reimburse any costs, e.g. lawyers’ fees, incurred by BV in this respect.
8. PRODUCT LIABILITY
Bloomingville A/S shall assume product liability in accordance with current applicable legislation, butshall not assume any liability in excess of what is provided by law. Any product liability developed inDanish case law but not stipulated by law may thus expressly not be relied upon. In no event shall BVbe liable for operating loss, loss of profit or any other indirect loss.
9. GENERAL LIMITATIONS (INCLUDING FORCE MAJEURE)
In no event shall Bloomingville A/S be liable for operating loss, loss of profit or any other indirect loss. Any advice provided by Bloomingville A/S in connection with the customer’s purchase shall be deemed to be for guidance only, and Bloomingville A/S shall assume no liability in this respect, and shall thus not be liable for the suitability of the product for specific purposes.
Bloomingville A/S shall assume no liability for errors in catalogues, brochures or other printed material nor for any errors in home page material (being price errors or errors in product capacity etc.) or for any misinterpretation of the information provided therein.
The Customer shall accept the fact that the delivered goods may vary from sales samples or catalogues in respect to minor color deviations and/or adjustments made out of commercial reasons – and/or deviations due to mass production, where some deviation tolerance must be expected.
Bloomingville A/S shall not be liable for defects, delay or any other damage caused by circumstances which Bloomingville A/S ought not to have expected, including acts of war, terrorism, malicious damage, fire, blockades, mobilisation, import and export restrictions, political unrest, strike, lockout, labour shortage or shortage of goods, unusual natural events etc. and other circumstances which under Danish law is considered force majeure. If the duration of the circumstance preventing the order fulfillment is more than 6 months; Bloomingville A/S shall be entitled to postpone the order fulfillment until the circumstance no longer exists or alternatively be entitled to annul the order entirely or partly and assume no liability in this respect.
In no event including delays and defective products shall BV be liable for operating loss, loss of profit or any other indirect loss; and BV shall thus assume no liability what so ever in this respect.
10. INTELLECTUAL PROPERTY RIGHTS
The customer is aware that all intellectual property rights in respect of BV’s trademark, design and other intellectual property rights belong to BV. The customer’s use of these shall thus be subject to BV’s previous agreement in writing.
Any violation of Bloomingville A/S’ intellectual property rights including violation of the above-mentioned general terms shall be considered material breach which will entitle Bloomingville A/S to cancel all future deliveries and annul all unfulfilled orders. Bloomingville A/S shall be entitled to assert general claims for breach of contract in accordance with current legislation.
11. GOVERNING LAW AND VENUE
Danish law with the exception of CISG shall govern this agreement, and any disputes shall be settled by the court stipulated in BV’s articles of association i.e. the Court of Herning in Denmark as the court of first instance. The general regulations in the Danish Administration of Justice Act referring to The Copenhagen Maritime and Commercial Court still apply.
In disputes concerning the violation of Bloomingville rights, Bloomingville A/S is entitled to take the matter to the home court in the country in which the violation has effect or has happened, or alternatively at the court jurisdiction of the Customer registered address. If the Customer does not have an office address in Norway or in another EU-member country, any dispute arising in respect to this agreement regarding the existence, validity or termination shall be submitted to settlement by arbitration at the Danish Arbitration Institute under reference to the Danish Arbitration Institute’s current rules and regulations. The appointed court of arbitration is in Herning, Denmark, and the proceedings are held in Danish. The arbitration case/ proceedings and subsequent award are open-ended confidential. Following mutual agreement there shall be no appeal right regarding a legal question to a court of law. Bloomingville A/S is entitled to collect any outstanding debt at the home court jurisdiction of the Customer in accordance with the current laws and regulations governing within the country in question.
