GENERAL TERMS AND CONDITIONS
The used stones and other natural raw materials and products are not
§ 5 Default in acceptance.
defective in case of deviations in form, shape, colour and weight within accepted standards of natural products due to raw materials.
In case of default in acceptance Bjørg Jewellery APS is entitled to claim any resulting damage including additional expenses.
§ 9 Resale
§ 6 Passing of risk.
(1) The purchaser is obliged to inform Bjørg Jewellery APS about the resale conditions. In particular he must inform Bjørg Jewellery APS about
(1) In case the products are delivered by an appropriate carrier accord-
the place and the manner of the resale.
ing to the table in enclosure 1 Bjørg Jewellery APS is obliged to take out an appropriate insurance for the delivery of the products.
(2) The purchaser is obliged to coordinate advertising campaigns and advertising strategies with Bjørg Jewellery APS prior to their launch or
(2) In case of loss or damage Bjørg Jewellery APS will assign all his
publication.
claims against the insurance to the purchaser upon request by the purchase provided the purchaser has to bear the loss or damages.
(3) The resale prices stated by Bjørg Jewellery APS are recommended resale prices. The purchaser shall inform Bjørg Jewellery APS in case he
(3) In case of collection of the goods by the purchaser the risk of loss or
/ she will charge prices for products which deviate more than 30 % from
damage to the goods passes to the purchaser once the goods are ready
the recommended resale prices.
for collection and the purchaser will be informed.
§ 10 Copyright and redesigning
§ 7 Retention of title.
(1) Also after the purchase Bjørg Jewellery APS is still the owner of all intellectual property rights, particularly design rights and copyrights,
(1) Bjørg Jewellery APS retains title to the goods until receipt of all
concerning its goods. The purchaser is not permitted to copy, re-work
payments in full. The purchaser is entitled to resell goods in the course
and / or commit an infringement in any other way or to damage Bjørg
of his regular business. The purchaser hereby assigns his claims arising
Jewellery APS Intellectual Property Rights and reputation.
from sales to its customers or third parties to Bjørg Jewellery APS as a security for invoices not yet paid by purchaser. The assignation is limited
(2) The purchaser is obliged to coordinate with Bjørg Jewellery APS all
to the amount which is not yet paid.
potential processings and redesignings. The goods are not permitted to be put to market until Bjørg Jewellery APS agreed in writing.
(2) As long as the purchase price has not been paid completely by the purchaser Bjørg Jewellery APS is entitled to reclaim the delivered goods after setting a time limit of at least 2 weeks.
§ 11 Data protection.
(3) The purchaser is obliged to inform Bjørg Jewellery APS immediately
Bjørg Jewellery APS is entitled to collect, process and use our custom-
in writing in case of executing proceedings against himself or any other
ers’ data in accordance with applicable data protection law.
distraint of property or other third-party interventions so that third-party proceedings can be lodged.
§ 12 Jurisdiction and applicable law § 8 Warranty and liability.
(1) The contract shall be governed by the laws of Denmark, excluding the Convention on Contracts for the International Sale of Goods.
(1) The purchaser’s warranty claims are restricted to either remedy or replacement, which can be chosen by the purchaser. In case of failure of
(2) Exclusive place of jurisdiction for any dispute arising out or in connec-
remedy or replacement the purchaser can either decrease the purchase
tion with this contract is Düsseldorf.
price or demand rescission of the contract concerning the defective products.
(3) In case that any of the provisions of these terms and conditions are not legally enforceable or valid, this will not affect the validity of the
(2) The delivered goods are not defective in case of insignificant deviations from the agreed quality.
remaining provisions of the terms and conditions.