Terms & Conditions

1.1 Offers made by By Hjorth ApS are valid for 8 days from the date of the offer. After this period, the offer expires automatically. Offers may also expire if a delivery is sold out or if the delivery terms change, for example, from subcontractors to By Hjorth ApS.

1.2 By Hjorth ApS reserves the right to make changes to the delivery until the time of delivery.

1.3 The buyer may only invoke the terms of these conditions or any individual agreement between the parties. Information provided by By Hjorth ApS orally, online, in brochures, etc., is therefore irrelevant to the assessment of the delivery.

1.4 An order is only binding when it has been approved by By Hjorth ApS with a written order confirmation.

1.5 It is possible to ourchase full-size samples, allowing the content and packaging to be tested before placing the final order.

1.6 The minimum order amount is 5,000 DKK per order.

2.1 Prices are stated in the currently applicable price list or in the order confirmation sent by By Hjorth ApS.

2.2 All prices are exclusive of VAT. All orders are accepted at the prices applicable on the day of invoicing. Therefore, there is a disclaimer for printing/technical errors and price adjustments if there are increases in purchase prices, wages, exchange rates, and public duties before delivery. By Hjorth ApS reserves the right to increase prices without notice due to external price increases or legislative changes.

2.3 MOQ can vary from product to product. To confirm MOQ please contact sales personel directly.

3.1 The prices stated in the offer are ex-warehouse, meaning that freight is calculated only when the order is packed, and costs for freight, shipping, insurance, installation, VAT, and any government duties are determined, unless otherwise agreed. Changes in exchange rates, duties, insurance, freight, and purchasing costs allow By Hjorth ApS to adjust prices.

3.2 Delivery is EXW (INCOTERMS 2020) from By Hjorth ApS' address (Storegade 59, 6800 Varde), unless otherwise agreed in writing. EXW takes care of dispatch and chooses the method of shipment, with the buyer bearing the risk of arranging transportation.

3.3 It is the buyer's responsibility, at their own expense, to take out any transport and/or goods insurance. Shipment is at the buyer's expense and risk, and delivery is deemed to have occurred at the time when the goods are made available for collection by the buyer at the seller's address. Furthermore, the INCOTERMS applicable at the time of the offer apply (currently INCOTERMS 2020).

3.4 Delivery times are provided subject to possible delays from subcontractors. If By Hjorth ApS becomes aware that there will be a subcontractor delay or deems this likely, the buyer will immediately be notified with information about the expected new delivery time.

3.5 In case of significant delays on the part of By Hjorth ApS, the buyer has the right to cancel the purchase. However, if ongoing delivery has been agreed upon, the buyer is only entitled to cancel regarding the delayed partial delivery.

3.6 By Hjorth ApS cannot in any case be held liable for the buyer's indirect loss due to delayed or missing goods. By Hjorth ApS can only be held liable for direct loss if there is substantial breach of the agreement by By Hjorth ApS, provided that the buyer can prove having suffered a loss due to the delay.

4.1 By Hjorth ApS' payment terms are 8 days from the invoice date unless otherwise agreed in writing. Goods that are ordered or sourced pay in advance unless otherwise agreed in writing.

4.2 If the buyer does not pay by the last timely payment date, and the delay is not due to the seller's circumstances, By Hjorth ApS is entitled to calculate default interest from the due date in accordance with the prevailing interest rate of the national bank and to demand payment for all invoiced and delivered goods, regardless of previously agreed credit terms.

5.1 By Hjorth ApS retains ownership of the sold goods, regardless of whether delivery has taken place, until the entire purchase price and any interest/fees have been paid.

5.2 By Hjorth ApS is at any time in connection with or after the conclusion of the agreement entitled to demand satisfactory security for By Hjorth ApS' total costs associated with the agreement.

6.1 After By Hjorth ApS has sent order confirmation to the buyer, the buyer is not entitled to change or cancel the order.

6.2 If the buyer chooses to cancel the order anyway, the buyer is obliged to compensate By Hjorth ApS for the lost profit.

6.3 If labels have been purchased for use on estimated purchases, and these labels must be discarded (due to, for example, legislative changes or changes in the buyer's logo, size, etc.), labor hours and the cost price of labels are invoiced.

Always remember to proofread and carefully review print files for any errors or deficiencies before written approval. DM Private Labels cannot be held responsible for errors that have not been corrected in proofs or test prints.

7.1 Upon delivery or receipt of the goods, and always before the goods are put into use, the buyer must inspect the delivered goods to ensure that they are without defects.

7.2 If the buyer, during the inspection of the goods, finds defects, the buyer must immediately notify By Hjorth ApS of the defects. For other defects, including hidden defects, which only become apparent at a later date, the buyer must notify By Hjorth ApS immediately after the buyer should have discovered the defect and no later than 14 days after delivery has taken place.

7.3 If the buyer fails to notify By Hjorth ApS immediately after becoming aware of a defect, the buyer cannot later assert these defects against By Hjorth ApS.

7.4 Return can only take place after prior agreement with By Hjorth ApS. Return is only possible for standard products in undamaged condition. Return is at the customer's expense and risk unless the return is due to errors caused by By Hjorth ApS. Special ordered and sourced goods, as well as private label products and discontinued items, are not returnable.

7.5 Faultless goods delivered are not returnable without prior acceptance from By Hjorth ApS. 10% of the item's price is deducted for freight and handling. Return freight is paid by the buyer.

8.1 By Hjorth ApS undertakes, for a period of 12 months from the date of delivery, without undue delay, to replace or repair, at its own choice, when there are defects in the delivery.

8.2 However, Hjorth ApS is not obligated to remedy defects in cases where the deficiencies arise from the fact that the delivery has not been used in full accordance with the Seller's instructions, incorrect or inappropriate use, alterations or technical interventions made without the Seller's written consent, or extraordinary climatic influences. Remediation does not cover such cases where the deficiency arises from the fact that the delivery has not been maintained and used in accordance with our or our suppliers' instructions, such as data sheets, packaging instructions, and brochures, incorrect or inappropriate use, or alterations made without our written consent, and it is a condition that the Buyer proves that the goods have been stored properly and according to our instructions.

8.3 Wear parts are not covered by the right to remedy defects. Likewise, costs of assembly and disassembly are not covered by the right to remedy defects.

8.4 If the Buyer wishes to complain about any defects, written complaints must be made immediately after the defect is discovered.

8.5 After Hjorth ApS has received a complaint about a defect deemed to be covered by this provision, Hjorth ApS will remedy the defect.

8.6 If the Buyer can carry out the remedy at the company's address, Hjorth ApS's obligation to remedy defects under this provision is fulfilled by sending a new or repaired part.

8.7 Defective parts exchanged in accordance with the foregoing must be made available to Hjorth ApS unless otherwise agreed between

8.8 Hjorth ApS provides the right to remedy defects for parts of the delivery that have been replaced or repaired on the same terms and conditions as for the original delivery. However, Hjorth ApS's obligation to remedy defects does not apply to any part of the delivery beyond 12 months after delivery to the Buyer.

9.1 Hjorth ApS' liability for defects may not exceed the Buyer's total payment for the item.

9.2 Hjorth ApS is not liable for indirect loss, consequential damages, loss of operation, loss of data and the cost of restoring them, and loss of profit, whether due to simple or gross negligence. To the extent that Hjorth ApS may be held liable to third parties, the Buyer is obligated to indemnify Hjorth ApS to the extent that such liability exceeds the limits set forth above.

10.1 Hjorth ApS is liable under the product safety act. Hjorth ApS has product liability for damage caused by the delivery to persons and loss of support in accordance with the currently applicable mandatory legislation. In addition, Hjorth ApS assumes no product liability.

10.2 Hjorth ApS is only liable for personal injury if it is proven that the injury is due to errors or omissions committed by Hjorth ApS or others for which it is responsible, up to a maximum coverage of 1,000,000. In no event shall Hjorth ApS be liable for loss of operation, loss of time, lost profits, or other consequential economic losses.

11.1 The following circumstances result in exemption from liability when they occur after the conclusion of the agreement and prevent its fulfillment:

11.2. Labor disputes, strikes, lockouts, and any other circumstance beyond the control of the parties, such as fire, epidemic, war, unforeseen military calls of a similar magnitude, sabotage, confiscation, currency restrictions, riots and disturbances, lack of transportation, general scarcity of goods, restrictions on fuel, defects in deliveries from subcontractors, or delay in such deliveries due to any of the circumstances mentioned in this clause.

11.3 The party wishing to invoke any of the mentioned circumstances must notify the other party as soon as possible of the event that has occurred and when it is expected to cease.

11.4 Both parties are entitled, by written notice to the other, to terminate the agreement when its fulfillment becomes impossible within a reasonable time due to any of the circumstances mentioned in 11.2.

12.1 These terms are subject to Danish law and jurisdiction.

12.2 Any dispute or disagreement arising in connection with the agreement shall be attempted to be resolved through negotiation. If the parties fail to find an amicable solution to the dispute in this way, either of the parties is entitled to bring the matter before the court at the place where the Seller has its business domicile.