Terms & conditions
THESE TERMS AND THE PURCHASE AGREEMENT
1.1 – These terms and conditions (hereinafter “terms”) apply to any delivery from Nordic Stadium Design ApS (hereinafter “Nordic Stadium Design”), and they determine the specific conditions for the delivery of goods from Nordic Stadium Design to the Customer. In case of any inconsistency between the purchase agreement with the Customer and these terms, the provisions of the concluded purchase agreement take precedence.
OFFERS AND ACCEPTANCE
2.1 – Offers are valid for 8 days from the date of the offer. An agreement is concluded when Nordic Stadium Design has received the customer’s written acceptance. Orders placed without a prior offer from Nordic Stadium Design are considered as a concluded agreement.
3.2 – If the customer fails to meet an invoice’s payment deadline, Nordic Stadium Design may withhold further deliveries until payment is made.
3.3 – In case of exceeding the payment deadline, interest of 2% of the invoice amount per commenced month must be paid until the amount, including interest, is received by Nordic Stadium Design. If it becomes necessary to send reminders, these will incur reminder fees according to the Interest Act.
RETENTION OF TITLE
4.1 – Nordic Stadium Design retains ownership of the delivered goods in every respect. The delivered goods remain the property of Nordic Stadium Design until the full purchase amount, plus incurred costs, including any interest and fees, is paid by the Customer.
RIGHTS
5.1 – The customer has stated that the customer has obtained and will comply with all relevant copyright rules and will not infringe on copyright in connection with the ordering, preparation, and use of models produced by Nordic Stadium Design to fulfill the purchase agreement entered into between the customer and Nordic Stadium Design.
5.2 – All material as well as intellectual property rights to the delivered goods, wholly or partially manufactured by Nordic Stadium Design or its collaborators, and protected under applicable Danish law on intellectual property rights, including but not limited to copyright law, marketing law, design protection law, trademark law, etc., belong to Nordic Stadium Design. This applies even if the material is produced according to the Customer’s instructions and adapted to their needs or desires.
5.3 – If the Customer wishes to acquire full or partial ownership, exclusive licenses, or other rights to the material, this requires a separate written agreement. Additionally, the Customer may, by separate agreement, have the rights to the delivered material partially transferred if the Customer has significantly contributed to the design, system concept, or the like. The Customer has the right to use all the delivered material, unless otherwise agreed in the purchase agreement. This means that the Customer may use the product but may not copy, reproduce, or resell it in any way that violates Danish law, cf.
5.4 – In all cases, Nordic Stadium Design reserves the right to use the developed material as a reference for advertising purposes, including but not limited to Nordic Stadium Design’s websites and printed marketing materials.
DEFECTS, COMPLAINTS, AND LIABILITY
6.1 – The Customer accepts industry-standard tolerances regarding quality and delivered quantity.
6.2 – The Customer is responsible for the use of products supplied by Nordic Stadium Design.
6.3 – Regardless of any advice from Nordic Stadium Design, the Customer is responsible for ensuring that products supplied by Nordic Stadium Design are suitable for the Customer’s use. Nordic Stadium Design encourages the Customer to perform necessary tests before using any product supplied by Nordic Stadium Design, as Nordic Stadium Design does not assess the legality of marketing or marketability initiatives of any kind, regardless of the extent to which Nordic Stadium Design has been involved in their design. The Customer is thus responsible for the legality of the products’ content and design in both public and private legal aspects.
6.4 – Nordic Stadium Design is not liable for the Customer’s lack of rights to reproduce, duplicate, publish written, graphic design, trademarks, other business identifiers, and other goods, including design, that may be subject to third-party rights. If the Customer provides material that the Customer does not own/rights to, but these rights are owned by a third party, Nordic Stadium Design is held harmless in every respect, including but not limited to any legal disputes or other costs associated with it. Nordic Stadium Design reserves the right in this regard to disclose information about the Customer to public authorities or third parties.
6.5 – To ensure the quality of the delivery, the Customer must immediately inspect the delivered goods for any defects or deficiencies upon receipt and before use. If the Customer finds defects or deficiencies, they must promptly notify Nordic Stadium Design. Nordic Stadium Design is not responsible for visible defects or deficiencies after the Customer’s review and subsequent use of the delivered goods. Nordic Stadium Design is also not responsible for errors that the Customer has not corrected in writing during proofreading or testing. If the Customer provides files, paper, or other materials for the delivery, Nordic Stadium Design is not liable for defects or deficiencies attributable to them.
6.6 – The Customer is entitled to complain about any defects or deficiencies in the delivered goods within 30 days of delivery. When complaining about defects, the Customer must provide a detailed written description of the observed defects.
6.7 – If defects in delivered goods can be proven within the complaint period, Nordic Stadium Design, at its discretion, undertakes to remedy the defect, exchange the defective product, credit the product’s price, or provide a price reduction.
6.8 – If Nordic Stadium Design offers to exchange the product or remedy the defect, the Customer cannot cancel the purchase or demand compensation for the defect. Nordic Stadium Design is not responsible for delays resulting from exchange or remediation.
6.9 – Nordic Stadium Design’s liability is in every respect limited to direct damages, and therefore, Nordic Stadium Design is not liable for loss of business, loss of profit, or other indirect damages, including damages resulting from the Customer’s relationships with third parties. Furthermore, Nordic Stadium Design is only liable for compensation to the Customer in the event of loss or damage caused by gross negligence or intentional actions. Nordic Stadium Design’s liability is also limited to the lesser of the following two amounts:
- a) The total amount due and paid for the product.
b) DKK 50,000.
FORCE MAJEURE
7.1 – Neither party is entitled to compensation or to terminate the agreement in case of non- performance due to circumstances beyond the control of the party in question, which should not have been considered when the agreement was concluded (force majeure). Force majeure includes, among other things, labor disputes, war, military mobilization, blockade, barricades, political unrest, state intervention of any kind, lack of fuel, or circumstances, pandemics or epidemics, and other conditions beyond Nordic Stadium Design’s control affecting Nordic Stadium Design’s ability to fulfill its delivery obligations.
CHOICE OF LAW AND JURISDICTION
8.1 – These terms and their interpretation are subject to Danish law. Any dispute (discrepancy or any other matter) between the Customer and Nordic Stadium Design shall be settled by the court in the jurisdiction constituting Nordic Stadium Design’s domicile.
