Terms and Conditions —
Private Customers
The seller is Eberhart Furniture Aps, VAT Number: 35648194.
Kronprinsessegade 8, kldr.
1306 Copenhagen
When ordering a product from Eberhart Furniture ApS, we will send you an order confirmation by email.
When purchasing from the Eberhart Furniture Online Shop, an email will be sent immediately after the transaction is completed. The information you provide when submitting orders is used in relation to payment and shipping of the item.
You will receive your order confirmation once an employee has processed the order.
When purchasing Eberhart Furniture ApS products, you agree that communications and messages may be sent to the e-mail address provided by you. You hereby agree that electronic messages have the same legal binding effect as those that have not been submitted as electronic mail.
As a buyer, you must agree with the material’s limitations and maintenance.
All prices listed on the Eberhart Furniture Online Shop include Danish VAT, unless you visit eberhart-furniture.com outside the EU.
Payment for ordered goods can be completed online using payment channels listed in the purchase flow at www.eberhart-furniture.com. Payment for your items will be deducted from your account after we have shipped the item.
You must actively accept the terms of trade by a check mark before payment. Payment for goods ordered outside of the Eberhart Furniture Online Shop is payable on delivery with 14 days payment deadline. An invoice will be sent relating to previously submitted order confirmation from info@eberhart-furniture.com.
We ship to all contries within the European Union, Norway and the United Kingdom. Free shipping to Denmark, Sweden, Norway and Germany.
For Inquiries about direct sales outside the EU, NO and UK please write to info@eberhart-furniture and we will try to find a shipment solution and estimate the additional shipping fee or give you a referral to any dealer near you.
The expected delivery time is 8-10 weeks from the order date, if the item is not out of order. For delivery outside of the www.eberhart-furniture.com, the delivery time will be announced and agreed by e-mail.
We will select the means of transport and transport route to your declared shipping address. You will take over the risk of the product upon delivery. This means when you sign of the shipping note, you will be the responsible for any defects in the furniture. Any freight charges are stated when shopping at www.eberhart-furniture.com. On goods traded outside of the www.eberhart-furniture.com, a potential shipping fee is agreed upon in advance by e-mail.
Please note that our furniture is delivered “curbside” / at the pavement unless otherwise is agreed upon at the time of ordering. The desired delivery date will always be indicative as we operate with a third party that carries our furniture.
If you want your furniture to be carried inside/up we would like to coordinate this with a third party against an additional price. Price is agreed according to the scope of the freight task.
For deliveries outside EU, NO and UK you will pay all shipping costs and any duties and charges associated with the purchase. Please contact info@eberhart-furniture for more information about freight rate. You will take over the risk of the product upon delivery to the freight company. Eberhart Furniture is not responsible for transport damage.
If you shop as a private customer outside the EU, import VAT after trading with Eberhart Furniture will be charged according to your country’s applicable regulations. Collection takes place via the freight forwarder.
Example: If you live in Norway, you will receive an invoice from the freight forwarder with import VAT of 25%.
We hope you are all satisfied – if not, please send us an e-mail: info@eberhart-furniture.com.
Eberhart-furniture.com trades in accordance with the guidelines and laws established by the National Consumer Agency of Denmark. Complaints can be made in accordance with the rules established by the Danish Sale of Goods Act. This means that you can make a complaint of defects and faults in the product, which has occurred within 24 months after the purchase. This does, however, not apply to defects, damages or wear caused by misuse, lacking maintenance or ordinary wear and tear.
You have 14 days to notify Eberhart Furniture that they regret the purchase and then 14 days to return the item. If the 14th day falls on a public holiday, Christmas Day or New Year’s Eve the deadline for returning the product expires the following working day. The consumer may undo a purchase even if the item has been used. An item is only used if used in addition to what is possible by testing the item in a physical store. If the item is used we make a concrete assessment of what the item used can be resold for. A possible decrease in value the buyer will be returned. Upon withdrawal of the purchase, the amount is returned to the same payment card from which the purchase was made within 14 days.
Eberhart Furniture requires the customer to pay own shipping costs in return for the goods.
You got a 2 year warranty granted against manufacturing defects on standard products. Wear and tear is not covered by this warranty, as well as damages caused by the customer, surface treatment etc., are not covered by the warranty. Incorrect use of the product, abuse or vandalism is not covered by the warranty.
If Eberhart Furniture ApS sells items tailored individually to the customer’s needs it is underlined that the right of cancelation is valid only until the product / customization of the product has commenced. Items that are tailor-made to the individual customer cannot be returned to Eberhart Furniture.
Any order received is subject to force majeure, including war, civil unrest, natural disasters, strikes and lock-outs, failure to supply raw materials, fire, damage to Eberhart Furniture ApS or Eberhart Furniture ApS ‘suppliers’ production facilities or warehouses, failing transport options, / export ban or any other event that prevents or limits Eberhart Furniture ApS or its suppliers’ ability to deliver. In case of force majeure, Eberhart Furniture ApS has the choice of canceling the order or delivering the agreed item as soon as the barrier to normal delivery has expired. In case of force majeure, Eberhart Furniture ApS is not liable for any loss that the buyer may suffer as a result of non-delivery.
To the extent that nothing else follows from mandatory legal provisions, Eberhart Furniture ApS is not responsible for any loss of service, loss of profits or other indirect loss caused by product defects. We also refer to the Law of Product Liability.
A complaint about a product or service purchased from us may be submitted to the Competition and Consumer Agency Center for Complaints Solutions, Carl Jacobsens Vej 35, 2500 Valby. You can complain to the Center for Complaints Solutions via www.forbrug.dk. The EU Commission’s online complaint portal can also be used for lodging a complaint. This is especially relevant if you are a resident of another EU country. Complaints are submitted here: http://ec.europa.eu/odr. When submitting a complaint, please enter our e-mail address info@eberhart- furniture.com
Eberhart Furniture ApS make certain reservations to printing errors, price errors, divergent color rendering on images of products, etc. Also subject to VAT and tax changes. All stated measurements are indicative.
Disputes are settled under Danish law by the City of Copenhagen district court, unless otherwise provided by mandatory rules for consumers.
Terms and Conditions —
Business Customers
- Usage: General sales and delivery conditions (the “Conditions”) apply to all agreements regarding Eberhart Furniture Aps’, CVR number [35648194], (the “Company”) sale and delivery of products, spare parts and related services to business customers.
- Basis of agreement. The terms and conditions, together with the Company’s offer and order confirmations, form the overall basis for the agreement regarding the Company’s sale and delivery of products, spare parts and associated services to the customer (“Basis of Agreement”). The customer’s purchase conditions printed on orders or otherwise communicated to the Company do not form part of the Agreement.
- Changes and additions. Amendments to and additions to the Basic Agreement are only valid if the parties have agreed them in writing.
- Legal status. Each of the parties must immediately inform the co-contractor if the party changes its status as a legal person, is placed under bankruptcy or restructuring proceedings or voluntary liquidation.
- Products and spare parts. Products and spare parts that the Company sells and delivers to the customer are new and comply with Danish legislation at the time of delivery.
- Limitation of liability. Products, spare parts and associated services that the Company sells and delivers to the customer are intended for indoor furnishing and for use in Denmark. Regardless of any contrary terms in the Basic Agreement, the Company is in no case liable for loss or damage that can be attributed to use for other purposes or to use outside Denmark. The customer must indemnify the Company to the extent that the Company is liable for such loss or damage.
- Price. The price for products, spare parts and associated services follows the Company’s current price list at the time the Company confirms the customer’s order, unless the parties have agreed otherwise in writing.
- Payment. The customer must pay all invoices for products, spare parts or associated services within 14 banking days at the latest, unless the parties have agreed otherwise in writing.
- Interest. If the customer fails to pay an invoice for products, spare parts or related services on time for reasons for which the Company is not responsible, the Company is entitled to interest on the overdue amount of 1% per month from the due date and until payment takes place.
- Repeal. If the customer fails to pay an overdue invoice for products, spare parts or related services no later than 14 days after receiving a written demand for payment from the Company, the Company has, in addition to interest according to section 5.1 the right to: (i) cancel the sale of the products, spare parts and/or related services to which the delay relates, (ii) cancel the sale of products, spare parts and/or related services that have not yet been delivered to the customer, or demand advance payment therefor, and/or (iii) exercise powers of default.
- Offer. The company’s offer is valid for 10 days from the date the offer is dated, unless otherwise stated in the offer. Acceptance of offers received by the Company after the expiry of the acceptance period is not binding on the Company, unless the Company notifies the customer otherwise.
- Orders. The customer must send orders for products, spare parts or related services to the Company in writing. An order must contain the following information for each specific product, spare part or service: Order number, Item number, Item description, Quantity, Price, Delivery address, and Delivery conditions.
- Order confirmations. The company aims to send confirmation or rejection of an order for products, spare parts or associated services to the customer in writing no later than 2 working days after receiving the order. Confirmations and rejections of orders must be in writing to bind the Company.
- Change of orders. The customer cannot change a placed order for products, spare parts or associated services without the Company’s written acceptance.
- Inconsistent terms. If the Company’s confirmation of an order for products, spare parts or related services does not agree with the customer’s order or the Terms of Agreement, and the customer does not wish to accept the inconsistent terms, the customer must notify the Company in writing no later than 1 working day after receiving the order confirmation. Otherwise, the customer is bound by the order confirmation.
As a buyer, you must agree with the material’s limitations and maintenance.
If Eberhart Furniture ApS sells items tailored individually to the customer’s needs it is underlined that the right of cancelation is valid only until the product / customization of the product has commenced. Items that are tailor-made to the individual customer cannot be returned to Eberhart Furniture.
- Delivery condition. The company delivers all sold products and spare parts to the customer’s CVR address, unless otherwise agreed. The company delivers free of charge on orders over DKK 4,000 x VAT. Orders under DKK 4,000 are subject to a shipping fee, unless otherwise agreed.
- Delivery time. The Company delivers all sold products, spare parts and associated services at the time stated in the Company’s order confirmation. The company has the right to deliver before the agreed delivery time, unless the parties have agreed otherwise.
- Examination. The customer must examine all products, spare parts and associated services upon delivery. If the customer discovers an error or deficiency that the customer wishes to claim, it must be immediately notified in writing to the Company. If an error or deficiency that the customer discovers or should have discovered is not immediately notified in writing to the Company, it cannot be claimed later.
Forsinket Levering
- Announcement. If the Company expects a delay in the delivery of products, spare parts or associated services, the Company informs the customer of this and at the same time provides the reason for the delay and new expected delivery time.
- Repeal. If the Company fails to deliver products, spare parts or related services no later than 30 days after the agreed delivery time for reasons for which the customer is not responsible, and delivery does not take place within a reasonable time, the customer may cancel the order or orders affected by the delay , without notice by written notice to the Company. The customer has no other rights in the event of delayed delivery.
- Warranty. The company guarantees that products, spare parts and associated services are free from material defects and defects in design, materials and workmanship for 24 months after delivery. For parts that are replaced under warranty, the warranty period is 24 months from the replacement, but a maximum of 24 months from the original delivery.
- Exceptions. The Company’s warranty does not cover ordinary wear and tear, storage, installation, use or maintenance in violation of the Company’s instructions or common practice, repair or modification carried out by others than the Company, and other conditions for which the Company is not responsible.
- Announcement. If the customer discovers an error or deficiency during the warranty period, which the customer wishes to claim, it must be immediately notified in writing to the Company. If an error or deficiency that the customer discovers or should have discovered is not immediately notified in writing to the Company, it cannot be claimed later. The Customer must provide the Company with the information about a reported error or deficiency that the Company requests.
- Examination. Within a reasonable time after the Company has received notice from the customer of a fault or defect and investigated the claim, the Company shall notify the customer whether the fault or defect is covered by warranty. Upon request, the Customer must send defective parts to the Company. The Customer bears the cost and risk of parts during transport to the Company. The company bears the cost and risk of parts in transit to the customer if the error or deficiency is covered by warranty.
- Remedy. Within a reasonable time after the Company has notified the customer pursuant to section 4 that an error or deficiency is covered by warranty, the Company remedies the error or deficiency by: (i) replacing or repairing defective parts, or (ii) sending parts to the customer for the customer’s own replacement or repair.
- Repeal. If the Company fails to remedy an error or defect covered by the warranty within a reasonable time after the Company has given notice to the customer pursuant to section 4, for reasons for which the customer is not responsible, and the error or deficiency is not remedied within a reasonable period of at least 14 days, the customer may cancel the order or orders affected by the error or deficiency without notice by written notification to The company. The customer has no other rights in connection with errors or defects in products, spare parts or associated services than those expressly stated in section 9.
- Responsibility. Each party is responsible for its own actions and omissions according to applicable law with the limitations that follow from the Basic Agreement.
- Product liability. The company is responsible for product liability in respect of supplying products and spare parts, to the extent that such liability follows from mandatory legislation. The customer must indemnify the Company to the extent that the Company incurs product liability in addition to this.
- Limitation of liability. Regardless of any contrary terms in the Basic Agreement, the Company’s responsibility towards the customer cannot per calendar year in total exceed 5% of the sales of products, spare parts and associated services that the Company has net invoiced to the customer in the immediately preceding calendar year. The limitation of liability does not apply if the Company has acted intentionally or grossly negligently.
- Indirect tab. Regardless of any contrary terms in the Agreement, the Company is not liable to the customer for indirect loss, including loss of production, sales, profit, time or goodwill, because it is not caused by willful negligence.
- Force majeure. Regardless of any contrary terms in the Basic Agreement, the Company is not liable to the customer for non-fulfillment of obligations which may be due to force majeure. The freedom from liability remains as long as force majeure persists. Circumstances that are beyond the Company’s control and which the Company should not have foreseen when concluding the agreement are considered force majeure. Examples of force majeure are unusual natural conditions, war, terror, fire, flood, vandalism and labor disputes.
- Property rights. Full ownership of all intellectual property rights relating to products, spare parts and associated services, including patents, designs, trademarks and copyrights, belongs to the Company.
- Disclosure and use. The customer must not pass on or use or enable others to use the Company’s trade secrets or other information of any kind that is not publicly available.
- Protection. The customer may not improperly obtain or attempt to obtain knowledge of or access to the Company’s confidential information as described in section 1. The customer must deal with and store the information properly to avoid it accidentally coming to the knowledge of others.
- Duration. The customer’s obligations according to section 1-12.2 applies during the parties’ trade and without time limit after the end of the trade, regardless of the reason for the end.
- Applicable law. The parties’ trade is in all respects subject to Danish law.
- Venue. Any dispute that may arise in connection with the parties’ trade must be settled by a Danish court.