Sales & delivery conditions

Dansk Deutsch

Applies to all business transactions between private customers and the company Jydsk Emblem Fabrik A/S (JEF), Sofienlystvej 6-8, DK-8340 Malling, VAT ID no. 15,507,586

1. Application and validity

1.1 Every delivery is made in accordance with the following terms of sale and delivery, unless other express written agreements have been made.
1.2 Requests for special conditions put forward by the buyer in a quotation, order etc. cannot validly deviate from the following conditions, unless there is a written acceptance of these conditions from JEF A/S.

2. Quotation / order

2.1 The contract between the buyer and JEF A/S will only be considered binding once JEF A/S has accepted the order.
2.2 Upon acceptance of the order the order can only be changed with the written approval of JEF A/S.
2.3 JEF A/S is entitled to make changes in the production material at any time so long as the goods continue to meet the usual standard and the specifications specified by the buyer.
2.4 JEF A/S is involved in the manufacture of customized goods made on order, i.e. goods other than standard goods. JEF A/S is entitled to deliver the agreed quantity +/- 10% on customized goods. It will be evident from the invoice when it is an estimated quantity.

3.Prices

3.1 JEF A/S’s prices are presented excluding the applicable VAT, other taxes, duties, fees, freight, handling fees, etc. When ordering from a JEF A/S website (jef.dk, proftag.com), the total price including fees and all other costs, herein freight, delivery, VAT, etc. will be evident.
3.2 Freight to other countries than Denmark: The JEF A/S webshop is primarily aimed at the Danish market. JEF A/S’s fixed freight prices for online orders are therefore only valid for deliveries to addresses within Denmark (excluding Greenland and the Faroeh Islands). An additional freight fee will be charged for deliveries abroad. The size of the fee depends on the volume and weight of the package and is imposed on the buyer at all times. If the buyer orders goods to be delivered an address outside of Denmark, the JEF A/S sales personnel will contact the buyer with reference to the order and inform them of the total freight fee.
3.3 A surcharge of 0.79% of the product value excluding VAT and fees is charged for transport insurance. If the buyer does not want to insure the delivery, the buyer must submit a written declaration in this regard when placing the order, according to which JEF A/S is not responsible for misdirection, transport damage, or any fault leading to damage, loss, etc. after the order has been picked up from JEF A/S.

4. Payment

4.1 The terms of payment are net cash on receipt of the goods, unless otherwise is expressly agreed in writing or apparent from the invoice.
4.2 In the event that the buyer does not pay the full invoice amount on time, JEF A/S is entitled to charge default interest from the expiry date in accordance with the Danish Interest Act.
4.3 The buyer is not entitled to retain any part of the purchase price as security for the fulfillment of counterclaims in relation to other deliveries. A such retention will be considered as a significant non-performance of and deviation from the contract.

4.4 Secure payment on Proftag.com:
4.4.1 JEF A/S accepts the following credit cards when the buyer places orders on Proftag.com: Dankort, MasterCard, EUROCARD, VISA, VISA / DK, VISA Electron, JCB, American Express and UNION PAY.
4.4.2 If the buyer places online orders on Proftag.com, the payment is accepted by the Danish PBS / NETS. In addition, JEF A/S uses the secure and recognized payment system Quickpay. The card data of the buyer and other personal data are treated with strict lawful confidentiality via this payment system.
4.4.3 When purchasing customized manufactured goods on Proftag.com, JEF A/S will debit the amount from the buyer’s account if JEF A/S has accepted and accepted the buyer’s order. This is often done on the same day as the buyer’s order. JEF A/S follows this procedure because it is a customized production that cannot be reused by others unless the buyer pays the amount due. When purchasing standard goods that are not customized for an individual customer, the amount is only debited from the buyer’s account when the goods are dispatched.

5. Terms of delivery

5.1 All goods ordered by Proftag.com will be dispatched or delivered as quickly as possible. The delivery time for stock goods is usually about 5 working days after the buyer has received the order confirmation. For customized goods, the buyer will receive a separate order confirmation and an indication of the delivery time.
5.2 If necessary, JEF A/S is entitled to extend the agreed delivery date by up to 10 days from the expiry of the agreed delivery date – provided JEF A/S informs the buyer about the extension before this time. In this case, the buyer is not entitled to exercise legal remedies to cancel the contract before the extended delivery date has passed.
5.3 If all the ordered goods are not delivered within the period specified in 5.1. JEF A/S must be informed immediately by the buyer, so that a new delivery can take place or so that the missing goods can be delivered to the buyer as soon as possible.
5.4 If the ordered goods are not delivered within the period specified in 5.1 or 5.2 (and for customized manufactured goods that are specified in the separate order confirmation), the buyer is entitled to cancel the order. However, JEF A/S must be informed within a reasonable period of time if the buyer wishes to cancel the order, and in this case the goods must be delivered to JEF A/S by return. The amount paid will be reimbursed by JEF A/S once the goods have been returned and delivered at JEF A/S.
5.5 Unless otherwise stated on the order, the place of delivery is the address of JEF A/S, Sofienlystvej 6-8, DK-8340 Malling.
5.6 International delivery is made according to United Nations Convention on Contracts for the International Sale of Goods. The terms are EXW. Delivery is made at the expense of buyer, and is considered to be delivered at buyer’s disposal at JEF A/S’s premises. The risk passes upon delivery at buyer’s disposal at JEF A/S’s premises.
5.7 Unclaimed parcels: If a parcel is not picked up in time, it is returned by the carrier to Jydsk Emblem Fabrik A/S and the buyer is obliged to pay for return as well as for a new postage on the return of the goods.

6. Drawings, descriptions and intellectual property rights

6.1 Any drawing and/or technical document in any way processed by JEF A/S relating to the goods or their manufacture, which are provided to the buyer before or after the closure of the contract, remain property of JEF A/S. Without the written consent of JEF A/S, the material mentioned may not be used, copied, reproduced, handed over to third parties or brought to the attention of third parties in any other way.
6.2 JEF A/S is not obliged to deliver the material and the tools on which the goods are based. The aforementioned tool belongs to JEF A/S. Manufacturing tools are kept 3 years after the last delivery and will then be destroyed for recycling.
6.3 The JEF A/S trademark as well as all figurative and non-figurative brands and in general other trademarks, illustrations, images and logos (hereinafter “trademarks”) that are available on Proftag.com, regardless of whether they are registered or not, remain the exclusive property of JEF A/S. The use of such trademarks, in whole or in part, regardless of the cause, is strictly prohibited. Unsanctioned use will be prosecuted according to the current Danish Trademark Act.

7. Obligation to examine the order

7.1 The buyer is obliged to carry out the necessary examinations immediately upon receipt of the delivery in order to be able to determine any defects or deficiency.

8. Complaints

8.1 The buyer must inform JEF A/S direct in writing about defects. The buyer consents to do so within a reasonable period after the defect has been discovered or ought to have been discovered. Corollary, this applies to complaints about divergence in quantity besides point 2.4. The notification must contain specifications of the defect.
8.2 If the buyer does not inform JEF A/S about a defect or deficiency in accordance with point 8.1, the buyer loses the right to benefits from the complaint about the defect.
8.3 In the event of a complaint, the buyer is not entitled to dispose of the delivered goods or return them to JEF A/S without the written approval of JEF A/S. If the buyer complains about the goods and there is no defect after an inspection, for which JEF A/S is liable, JEF A/S is entitled reimbursement for the work and costs incurred.
8.4 If a defect is claimed and accepted the buyer may choose between the following:
1) rectification of the defect,
2) delivery of new goods,
3) a reasonable discount on the purchase price, or
4) cancellation of the order if the defect is significant.
However, the buyer cannot request a new delivery or rectification if this is impossible or will add JEF A/S disproportionate costs. If JEF A/S offers the buyer remedial or new delivery, the buyer cannot demand a discount on the purchase price or cancellation of the order.

9. Force Majeure

9.1 JEF A/S is not liable for delays or costs due to industrial disagreements, strikes, fire, environmental restrictions, missing deliveries from suppliers, transport delays or other acts of God or delays beyond the control of JEF A/S. The occurrence of the above circumstances does not entitle the buyer to cancel the contract and does not make JEF A/S liable for losses on behalf of the buyer.

10. Liability

10.1 JEF A/S’s liability for defects is limited to new delivery or rectification, cf. 8.4. JEF A/S’s liability does not include defects in the goods, which can be attributed to the choice of a material that the buyer has made available to JEF A/S at its own discretion to use in customized production of the goods.
10.2 JEF A/S is in no way liable for property (physical or otherwise) provided by the buyer that violate the rights of third parties. JEF A/S assumes that the buyer has obtained all relevant permits from any holder of rights or licensee. Thus JEF A/S willingly works with logos, trademarks, etc. in good faith on behalf of the buyer.
10.3 JEF A/S assumes no liability for defects other than those specified in point 10.1. This applies to any loss caused by a defect, i.e. business interruption damage, loss of earnings and other indirect losses.
10.4 JEF A/S assumes no liability for the legal use of delivered products. Nor that products are legally used for the purpose intended for such products.
10.5 JEF A/S reserves the right to expire goods that may be temporarily shown on the JEF A/S website. JEF A/S assumes no liability for typing errors and technical issues on the JEF A/S website and lack of processing of orders as a result.

11. Right of withdrawal

11.1 Upon acceptance of customized or custom-made orders the right to withdraw the order is repealed. Custom-made goods are manufactured or customized according to the personal choice of the buyer and thus have a clear individual touch. If the buyer chooses an individual engraving or print on the goods, they are custom-made goods and the purchase cannot be withdrawn once accepted.
11.2 A 14-day right of return is granted for unused standard goods ordered on Proftag.com since these are not customized manufacture. The deadline is calculated from the time the customer receives the goods. If the deadline for exercising the right of withdrawal expires on a holiday, Saturday, Constitution Day, December 24, or December 31 the deadline is extended to the following working day.
11.3 If the buyer wishes to exercise his right of cancellation, the buyer must notify JEF A/S in writing before the cancellation period expires. The buyer can use the standard cancellation form as described below in these terms and conditions.
11.4 In the event of withdrawal from a purchase, the buyer must send or deliver the goods to JEF A/S at the latest 14 days after the date on which the buyer has made aware of his wish to cancel the purchase.
11.5 If a purchase is revoked, JEF A/S must repay the full amounts including delivery costs borne by the purchaser. The goods must be returned no later than 14 days from the date on which JEF A/S informed the buyer of the product revocation. However, JEF A/S will not bear any additional costs associated with the fact that the buyer chose a different and more expensive delivery method than the standard delivery offered by JEF A/S.
11.6 Goods must be returned to: Jydsk Emblem Fabrik A/S, Sofienlystvej 6-8, DK-8340 Malling.
11.7 Changes to or cancellation of an order on customized goods that have not yet been shipped to the buyer can be made with the written approval of JEF A/S. In this event, the buyer must compensate all costs and losses borne by JEF A/S in the event of a change or cancellation, however at least an amount of 10% of the agreed purchase price, excluding VAT.

12. Personal data and information and cookies

12.1 Before the buyer can conclude a contract with JEF A/S, we need certain personal data about you, e.g. name, address, email address etc. This data is collected for the sole purpose of being able to deliver our goods to you in the best way possible. JEF A/S processes all data collected about the buyer in accordance with the applicable data protection rules. As a buyer, you are entitled to receive information about yourself from the data collected by JEF A/S, and you can also object to the recording in accordance with the data protection rules.
12.2 The personal data are recorded at Jydsk Emblem Fabrik A/S Sofienlystvej 6-8, DK-8340 Malling. It is kept for five years in accordance with the provisions of the Danish Accounting Act, after which the data is deleted. All data and information is stored securely and is only available to entrusted employees at JEF A/S.
12.3 Additional information about the processing of personal data at JEF A/S is available here:
https://proftag.com/contact/privacy/?lang=en
12.4 When you visit Proftag.com information about you is collected. You can find more information about our cookie policy here:
https://proftag.com/contact/cookies/?lang=en

13. Applicable law and place of jurisdiction

13.1 Disputes between the parties regarding the understanding and scope of these terms and conditions of sale and delivery are to be decided by the court in Aarhus and are subject to Danish law with the exception of international private law rules, where the matter falls under foreign law.
• CANCELLATION FORM (This form is only to be completed or returned if you want to exercise your right of withdrawal). See points 11.1 – 11.6. The form must be sent to this address:
E-mail: info@jef.dk
Jydsk Emblem Fabrik A/S Sofienlystvej 6-8 DK-8340 Malling.