Terms and conditions 

Terms and conditions 

Offer

All offers submitted by Flagswag are based on the sales prices, customs duties, exchange rates and government taxes applicable on the date of the offer. Flagswag reserves the right to adjust the sale price to the extent that changes subsequently occur in customs duties, exchange rates, government taxes, commodity prices, etc. Document material submitted with submitted offers belongs to Flagswag The material must not be misused or disclosed to third parties and must, on request, if the offer does not lead to an order, be returned to Flagswag, cf. in addition, section 1 of the Marketing Practices Act.

Offers made can be freely revoked or changed by Flagswag until acceptance has reached Flagswag. Reservations are made for any errors in the stated stock status, technical information about the product, etc.

​

Product calls and consulting

Flagswag makes reservations for the stated dimensions, proportions, weight, diagrams, instructions, technical information, etc., which appear in our catalogs, manuals, instructions, etc. as product development is ongoing.

​

Orders from the customer

Orders are binding on the Customer and modification or cancellation can only be made by written agreement with Flagswag. Flagswag processes the order immediately it is received in the system. When ordering special goods, a prepayment of 30% of the final sum is charged. There is no right of withdrawal on special items and these cannot be returned. Flagswag has the right to terminate an order at any time.

​

TERMINATION OF THE AGREEMENT

At the end of the agreement, regardless of the reason for the termination, the Customer is obliged to purchase and pay for Products, including packaging, accessories, etc., which we have in stock at the Customer's request. The same applies to products, packaging, accessories, etc., which are included in the Product that is in stock with our suppliers, including a supplier that the Customer has assigned to us. Transfer is made to the Customer at documented or agreed cost price at the time of the transfer. If the agreed cost price is on the basis of an offer or similar agreement, an agreed cost price will only be in force under the agreed terms being implemented opposite Flagswag. If the agreed terms are not implemented, including packaging, accessories, etc., any discounts, payment deadlines and possibly other agreements will cease and the full cost of Flagswag will be charged without special agreements.

Shipping.

Shipping takes place at the buyer's expense and risk, unless otherwise agreed in connection with the conclusion of the transaction. The ownership of the sold remains with Flagswag until the full purchase price is paid.

​

Complaints

Return of ordered and delivered goods can only take place by prior agreement and with an indication of the delivery note no. and date. The buyer is obliged to examine the item immediately upon receipt. Complaints must be made to Flagswag within 8 days from delivery. If the buyer fails to complain within this period, he cannot later invoke any defects. section 51 of the Sale of Goods Act. Any complaints about shortages or other visible defects in the product must be made immediately and in writing within 48 hours from the receipt of the delivery. Otherwise, the buyer forfeits its right to claim defects against Flagswag. Costs incurred by the buyer as a result of claimed defects are not covered by Flagswag unless Flagswag has received the complaint and agreed in writing to cover the costs. Costs in connection with the return and other risk of damage are the responsibility of the buyer. Stocked goods returned by agreement no later than 3 weeks after delivery will be credited with a deduction of 5%, however, min. DKK 100, - provided the item is unused in original and undamaged packaging. Stocked goods returned by agreement until 3 weeks after delivery will be credited with a deduction of 10%, however, at min. DKK 100, - provided the item is unused in original and undamaged packaging. Non-stocked goods, Specially made or specially repatriated goods cannot be returned. Items cannot be returned later than 3 weeks after the delivery date.

Transport damage

Transport damage must immediately upon receipt of the goods be reported by the buyer to the carrier (postal service, carrier, etc.) with simultaneous information of Flagswag.

Packaging and other supplements

Pallets, frames and other packaging are invoiced at cost and are not returned.  Other incoming costs will be charged separately, e.g. energy surcharges, unsuccessful driving, special repatriation costs, etc.

Remedying errors and omissions

Goods that within 24 months after delivery may turn out to be defective, for which we are responsible, will be replaced at our option either by repair, exchange or refund of the payment paid. There is no shortage of defects in addition. In case of repair or replacement, delivery must be made by post to our address. Flagswag is not responsible for errors or omissions that occur in delivered software, unless gross negligence on the part of Flagswag can be demonstrated. Flagswag is not liable for operating losses, loss of time, loss of profit or other indirect loss.

Delay

Delayed delivery does not entitle the buyer to terminate the purchase, unless the buyer after the delivery deadline has made a written demand to Flagswag with a reasonable deadline for the completion of the delivery. Flagswag is not responsible for the buyer's direct or indirect loss in the event of delay in delivery.

Claimant's default

If the buyer fails to pick up or receive the item, Flagswag is entitled to store and possibly insure the item at the buyer's expense. If, despite a written request, the buyer does not pick up/receive the item immediately afterwards, Flagswag is entitled to sell the item to another side in the best possible way.

Prices

All prices are daily prices stated in EUR or DKK e.g. VAT, unless otherwise stated. Reservations are made for printing errors, price changes and discontinued goods.

Payment

Payment must be made net in cash, unless otherwise agreed between the parties. In the case of special goods, 30% of the final sum is prepaid. When paying after the due date, the fee is attributed with DKK 100.00 and interest with 2% per commenced month. The buyer is not entitled to withhold any payment due to counterclaims that Flagswag has not approved.

 

Product Liability (Disclaimer)

Default including delay or delivery of defective goods only entitles the buyer to compensation if the buyer documents that the breach is due to gross negligence at Flagswag. However, Flagswag is in no case liable for operating losses, loss of time, loss of profit or similar indirect losses, including the buyer's daily fines. The company is solely responsible for product liability in accordance with the rules of the Product Liability Act. In addition, the Company is not responsible for product liability. Flagswag is only liable for the damage caused by the sold product if it can be documented that the damage is due to an error committed by the seller or others for whom the seller is responsible. Flagswag’s liability for property damage cannot exceed the purchased purchase price. The Seller is not liable for damage to movable or immovable property while the goods are in the Buyer's possession. Flagswag is also not responsible for damage to products manufactured by the buyer or products in which these are included. Flagswag is not responsible for operating losses, loss of time or other financial consequential losses. To the extent that Flagswag may be subject to product liability towards third parties, the buyer is obliged to indemnify Flagswag to the same extent as Flagswag’s liability is limited in accordance with paragraphs 1 to 4. The Buyer is obliged to immediately notify Flagswag of claims for damages from third parties pursuant to this provision and to be sued in the same court that deals with claims for damages against the Seller in connection with the sold product.

Force majeure

The following circumstances entail freedom of liability if they prevent the performance of the agreement or render the performance unreasonably burdensome: labour dispute and any other circumstance beyond the control of the parties, such as fire, war, mobilisation or military summons of a similar magnitude, requisition, seizure, currency restrictions, riots and disturbances, lack of means of transport, general scarcity of goods, restrictions on driving power, and defects or delay in deliveries from  subcontractors due to some of the circumstances referred to in this point.

Rights

All products, industrial and intellectual property rights to the Product (including instructions, specifications, content, manufacturing methods, packaging, etc.) belong to us. The Customer is not entitled to have similar or similar products, incl. packaging, etc., manufactured by third parties, and the Customer is not entitled to use such when selling and marketing similar products. If a lawsuit is brought against the buyer alleging infringement of products created by Flagswag, the buyer is obliged to give Flagswag written notice thereof. To the extent that the buyer makes changes to the delivered, all liability from Flagswag ceases, and Flagswag is not liable for infringements of others' patents or others' copyrights that may result.

Guaranteed

Our product information, assembly instructions, etc. are only indicative and Flagswag is not responsible for any errors, defects, etc. Information in product information is only binding on us when a separate written guarantee is provided for these as part of the agreement. The Customer is fully responsible for the selection of the Product, including that the content and characteristics of the Product correspond to the Customer's requirements for this. Products that are affected by manufacturing or material defects are repaired or exchanged in accordance with the rules of the Danish Sale of Goods Act. Flagswag gives the Customer a guarantee similar to that received by Flagswag from the subcontractor/manufacturer. Please refer to the individual subcontractors' / manufacturers' warranty provisions in force at any time. No other guarantee is given by Flagswag unless expressly agreed in writing. For warranty claims, Flagswag’s provisions on complaints and defects, limited liability, etc. apply. If the manufacturer/manufacturer of the Product provides a warranty, only the manufacturer/manufacturer will be liable for this warranty obligation. Thus, the customer cannot raise a claim against Flagswag as a result of the manufacturer's/manufacturer's warranty.

Disputes

Disputes must be resolved in accordance with Danish law and the venue must be the Maritime and Commercial Court in Copenhagen or, in the alternative, the City Court of Copenhagen regardless of where the buyer is resident. The parties may, after the dispute has arisen by agreement, agree on the second place of jurisdiction.