This agreement applies as between you, the Buyer or Purchaser and CV. Sinar Baja Electric Co. Ltd. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon placing your first order.
The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
| “Account” | means collectively the personal information, Payment Information and credentials for purchaser |
| “Carrier” | means any third party responsible for transporting purchased Goods from our Premises to customers; |
| “Content” | means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website; |
| “Goods” | means any products that CV. Sinar Baja Electric Co. Ltd. advertises and / or makes available for sale. |
| “Sinar Baja Electric” | means CV. Sinar Baja Electric, Sandgaardsvej 31, 7400 Herning, Denmark; |
| “Service” | means collectively any online facilities, tools, services or information that Sinar Baja Electric makes available either now or in the future; |
| “Payment Information” | means any details required for the purchase of Goods. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes; |
| “Purchaser” | means any person or business that buys Goods from Sinar Baja Electric; |
| “Purchase Information” | means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form; |
| “Premises” | Means our place(s) of business located at Sandgaardsvej 31, 7400 Herning; |
| “System” | means any online communications infrastructure that Sinar Baja Electric makes available either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; |
2. Business Customers
These Terms and Conditions apply to business customers only.
3. International Customers
If Goods are being ordered from outside Sinar Baja Electrics’ country of residence, import duties and taxes may be incurred once the Goods reach their destination. Sinar Baja Electric is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If a Purchaser buying internationally, they are advised to contact their local customs authorities for further details on costs and procedures. The Purchaser of the Goods will also be the importer of record and as such should ensure that the purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Sinar Baja Electric gives no guarantee that the packaging of the Goods will be free of signs of tampering.
4. Termination and Cancellation
4.1 Either Sinar Baja Electric or a User may terminate an order. If Sinar Baja Electric terminates your order, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
4.2 If Sinar Baja Electric terminates an order, any current or pending purchases will not be cancelled and will be be dispatched.
4.3 Sinar Baja Electric reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
4.4 If purchases are cancelled for any reason prior to dispatch Purchasers will be refunded any monies paid in relation to those purchases.
4.5 If a purchaser terminates their order any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Goods were purchased.
5. Payment
5.1 Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Sinar Baja Electric.
5.2 Interest will be charged on a monthly basis, commercial interest at 2% above the base rate of the National Bank of Denmark obtaining at the time, if payment date is exceeded.
6. Goods, Pricing and Availability
6.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Sinar Baja Electric correspond to the actual Goods, Sinar Baja Electric is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 16.1 for incorrect Goods.
6.2 Sinar Baja Electric reserves the right to change prices and alter any special offers from time to time and as necessary.
6.3 In the event that prices are changed during the period between an order being placed for Goods and Sinar Baja Electric processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
6.4 All prices do not include VAT. Sinar Baja Electrics’ VAT number is DK32950116.
7. Property, Risk and Account of Profits
7.1 Title in Goods will not pass to the Purchaser until the full purchase price for those Goods has been received by Sinar Baja Electric. Title remains with Sinar Baja Electric until payment is complete.
7.2 If the Purchaser sells the Goods on to its own customers in any form, either as purchased from Sinar Baja Electric or forming a component part of a larger Good, and any amount of the purchase price payable to Sinar Baja Electric remains outstanding, the Purchaser must account to Sinar Baja Electric for the proceeds of such a sale. The Purchaser is then required to hold such proceeds on trust for Sinar Baja Electric until payment has been received in full by Sinar Baja Electric.
8. Delivery
8.1 Sinar Baja Electric will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
8.2 If Sinar Baja Electric receives no communication from you, within 10 working days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
9. Returns Policy
Sinar Baja Electric aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
9.1 If the Purchaser receives Goods which do not match those ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, the Purchaser should contact us within 10 working days to arrange collection and return. Sinar Baja Electric is not responsible for paying shipment costs. The Purchaser will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used when the Goods were purchased. Refunds and replacements will be issued upon our receipt of the returned Goods.
9.2 If any Goods purchased have faults when they are delivered, the Purchaser should contact Sinar Baja Electric within 28 working days to arrange collection and return. Sinar Baja Electric is not responsible for paying shipment costs, unless collection are being arranged by Sinar Baja Electric. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
9.3 If any Goods develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of that warranty.
9.4 If Goods are damaged in transit and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to Sinar Baja Electric within 10 working days and arrange collection and return. Sinar Baja Electric Is not responsible for paying shipment costs unless collection are being arranged by Sinar Baja Electric. Upon receipt of the returned Goods, the price of the Goods, as paid, will be refunded through the payment method used when the Goods were purchased.
9.5 If the Goods have been dispatched or have reached you, but the Purchaser decides that they are no longer required, the Goods can be returned to Sinar Baja Electric within 10 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Sinar Baja Electric. The Purchaser is responsible for paying shipment costs if Goods are returned for this reason.
9.6 If the Purchaser wishes to return Goods to Sinar Baja Electric for any of the above reasons, please contact us using the details on www.sinarbaja.dk to make the appropriate arrangements.
9.7 Sinar Baja Electric reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
9.7.1 Any use or enjoyment that you may have already had out of the Goods;
9.7.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
9.7.3 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
10. Changes to the Service and these Terms and Conditions
Sinar Baja Electric reserves the right to change these Terms and Conditions at any time. Purchasers will be bound by any changes to the Terms and Conditions from the first time order is placed by them following the changes. If Sinar Baja Electric is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.
11. Limitation of Liability
11.1 Nothing in these Terms and Conditions excludes or restricts Sinar Baja Electric’s liability for death or personal injury resulting from any negligence or fraud on the part of Sinar Baja Electric.
11.2 Nothing in these Terms and Conditions excludes or restricts Sinar Baja Electric’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
11.3 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
12. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
13. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
14. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Sinar Baja Electric.
15. Notices
15.1 All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@sinarbaja.dk. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
16. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Sinar Baja Electric shall be governed by and construed in accordance with the Law of Denmark and EU and Sinar Baja Electric and you agree to submit to the exclusive jurisdiction of the Courts of Denmark.