TERMS AND CONDITIONS

The following terms and conditions of sale and delivery apply to any sale, quotations, and deliveries of WHITEWEAR products. When you place an order, you agree to be legally bound by this contract and the terms and conditions herein.

GENERAL
WHITEWEAR reserves the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. It is the customer’s responsibility to review these Terms and Conditions to stay informed of updates, every time a new order for WHITEWEAR products is placed.

Company Information
WHITEWEAR ApS’s full company name, address, and other contact details are as following:

WHITEWEAR ApS
Bryggergade 6A
7400 Herning
VAT no: DK 33777914
Year of establishment: 2011

Contact our customer service during office hours: Mondays to Fridays from 08:00 – 16:00. Reach us via telephone (+45 2331 7448) or e-mail (mail@whitewear.dk).

CONTRACTING PARTIES

• An agreement of purchase is made between WHITEWEAR ApS (“us”, “WHITEWEAR”) and the customer (“you”, “the Customer”).
  
• Your purchase is made in accordance with these terms and conditions of sale and delivery; you need to accept these to place an order.
• Only registered companies may trade with WHITEWEAR; orders placed by private persons will not be processed. We, therefore, require your VAT-number before we can accept your order.

Agreement of Purchase – Quotation and Order Confirmation

• The Customer agrees to be legally bound by this contract and the terms and conditions that apply at the time when the Customer accepts a written quotation from WHITEWEAR, or when WHITEWEAR has initiated delivery or sent the Customer an order confirmation in writing for a previously issued quotation.
  
• The Customer alone can refer to the content of individual agreements and order confirmations, and the information provided concerning their order. Should there be any discrepancies between the quotation, the information provided by the Customer, and the order confirmation, the order confirmation takes precedence.
• A WHITEWEAR quotation is valid for 14 days from the day the offer was issued, as dated on the document.
• The Customer is obliged to check their order confirmation. If the order confirmation does not comply with the quotation issued or contain incorrect customer information, the Customer is required to contact WHITEWEAR at the earliest convenience, in writing.
• Samples, photographs, and technical descriptions of any products are considered WHITEWEAR’s intellectual property and may not be copied or passed on to third parties.

Prices

• All prices are listed in DKK excluding VAT unless explicitly stated otherwise. Prices are for DAP delivery, according to Incoterms 2010 rules. DAP-delivery (Delivered-At-Place) means that WHITEWEAR are responsible for arranging carriage and for delivering the goods, ready for unloading from the arriving conveyance, at the agreed-upon location. The risk transfers from WHITEWEAR to the Customer when the products are available for unloading. The Customer is responsible for import clearance and any applicable local taxes or import duties.
  
• WHITEWEAR reserves the right to make price changes as a result of typing errors, misprints, pricing errors or other conditions that may lead to incorrect pricing by us. In this case, WHITEWEAR reserves the right to cancel a confirmed order. WHITEWEAR cannot be held responsible for indirect, consequential losses, monetary or otherwise, as a result hereof.

Payment

• Terms of payment are calculated from the date of invoice. Unless explicitly stated otherwise, the payment term for direct sales is eight days net, and for order-produced sales, 14 days net. WHITEWEAR may invoice the Customer directly after the order is initiated.
  
• WHITEWEAR may demand full or partial prepayment before the production or delivery of the ordered goods.
• If payment is not received on the due date, WHITEWEAR reserves the right to charge interest at the rate of 1.5% per calendar month, from the time the payment was due.
• The Customer is not entitled to withhold payment of an invoice for any reason, not even when the Customer issued a complaint about the products before the payment’s due date.
• If the Customer owes WHITEWEAR overdue payment for any previous supplies, WHITEWEAR will not be obliged to deliver any further goods or services until the overdue balance is settled. WHITEWEAR reserves the right to withhold a partial or full delivery.
• WHITEWEAR reserve the right to cancel the Customer’s order, even after delivery has been initiated partly or wholly, if the Customer has expressly deviated from their obligations as a buyer under the Danish Sale of Goods Act §28.2.

Quality

• WHITEWEAR’s products can be laundered in accordance with the washing instructions, tolerating temperatures of up to 85°C, unless explicitly stated otherwise on the issued quotation.
• The quality of order-produced items, as well as those from direct sales, will be per the issued quotation and will match any samples the Customer may have received. A deviation of +/- 10% regarding the GSM is considered normal for goods produced on order.

Place and Time of Delivery

• The Customer can find the expected delivery date of the order on the issued order confirmation. This delivery date is considered an estimate; WHITEWEAR cannot be held responsible for any deviations from the expected delivery date. Should the quotation not list an estimated delivery date, the Customer can assume delivery will take place within a reasonable amount of time, though at minimum after 30 days. Partial deliveries may occur.
• WHITEWEAR will inform the Customer of any changes regarding the expected delivery date.
• Delivery is DAP, according to INCOTERMS 2010, unless explicitly stated otherwise on the order confirmation. DAP-delivery means that WHITEWEAR are responsible for arranging carriage and for delivering the goods, ready for unloading from the arriving conveyance, at the agreed-upon location. The risk transfers from WHITEWEAR to the Customer when the products are available for unloading. The Customer is responsible for import clearance and any applicable local taxes or import duties.
• Should the Customer not be able to unload the goods immediately, WHITEWEAR may invoice the Customer for any waiting time that may occur. The Customer is responsible for ensuring the unloading area is accessible to a lorry.

Delays

• Should a considerable delay in delivery, as mentioned above, occur, and timely delivery was of the essence of the contract and such a delay will cause great inconvenience for the Customer, late delivery amounts to a fundamental breach. For this, the Customer reserves the right to cancel their order, unless the delay is caused by force majeure. Cancellation must be given in writing.
• Should the abovementioned considerable delay occur for a partial delivery, the cancellation may apply to this partial delivery only.
• The Customer may not resort to any other remedies for breach of contract, in case of a delay in delivery.

Claimant’s Default

• When the delivery time is reached, and the Customer is not able to receive their goods at the place of the delivery, WHITEWEAR reserves the right to store the goods and delay the delivery, at the Customer’s risk and expense.
• Should the Customer not collect or receive their delivery within the next 30 days, WHITEWEAR reserves the right to sell the delivery to another party, at the Customers expense. The Customer is thereafter obliged to pay the difference between the agreed-upon price – along with any costs incurred in storing the delivery – and the achieved sales price. In this case, WHITEWEAR will do its utmost to sell the products at a reasonable price. If the goods cannot be sold to another party within 30 days, the products are considered sold at a value of DKK 0.00, thus making the Customer liable for the full purchase price.

Retention of Title

• The sold goods and delivery remain WHITEWEAR’s property until the Customer has paid the purchase price in full, including any interest, administrative charges, or additional expenses that occurred on behalf of the Customer. WHITEWEAR may retake possession of the goods if the Customer breaches their obligations – e.g. by not paying an instalment in due time.

Claims and Defects

• WHITEWEAR issues a one-year warranty for all its products.
• In order for a complaint to be considered justified, the Customer is obliged to check products upon delivery, as per their general duty of inquiry under Danish law.
• The Customer needs to inform WHITEWEAR immediately of any complaints regarding missing, damaged, incorrect, or faulty products as discovered during this inquiry.
• The Customer needs to inform WHITEWEAR of any defects found at a later state, not identified during the initial inquiry, directly after the defect has been identified, at the latest before the warranty period expires.
• The Customer’s complaint needs to be received in writing and must include photographs that can document the alleged faults or defects of the supplied products.
• WHITEWEAR will assess the Customer’s claim and can, at its discretion, reject the claim, rectify the fault or replace the goods. WHITEWEAR’s obligation in respect of the above is conditional on receipt of a written complaint within 14 days from the date of accepting the delivery.
• Return shipments of faulty or defective products are at the Customer’s own expense and risk. Re-delivery is DAP as per INCOTERMS 2010, to the original place of delivery.
• Should a product be considered unable to repair or replace, the Customer reserve the right to demand a refund of the purchase price. The Customer may not resort to any other remedies for breach of contract, nor can they demand any amount to be refunded nor raise any legal claims against WHITEWEAR for a defect or faulty delivery.

Product Liability

• WHITEWEAR assumes product liability for injuries to person(s) or damage to items, caused by products or services provided by WHITEWEAR, in accordance to the Danish Product Liability Law, provided that the injury or damage is caused by a defect of the delivered product, and provided that the supplied product is used in accordance to its purpose and accompanying instructions. Any product liability, as found in judicial practice, is expressly disclaimed.
• WHITEWEAR’s product liability does not include damage to the delivered product itself.
• Product liability does not cover monetary losses associated with but not limited to new acquisitions, and repairs of the delivered defective product, nor consequential loss, loss of time, loss of profit, or similar indirect losses as a result of an otherwise covered person or property damage.  
• Product liability does not cover property damage to or loss in respect of items of which the supplied defective product is part of, incorporated in, or joined with, nor loss in respect of items for which the provided defective product is used in the manufacturing or processing thereof.
• Product liability only covers damage or injury caused by a supplied product or service that was used in Denmark.
• The maximum claim that can be made against WHITEWEAR for product liability or property damage is DKK 50,000.00.

Limitation of Liability

• Under no circumstances can WHITEWEAR be held liable for indirect losses, including but not limited to loss of profit or business.
• WHITEWEAR’s financial liability, where it has not been waived, is in all cases limited to DKK 50,000.00 per delivered order, for all cumulative claims.

Returns

• The Customer is not entitled to cancel or return delivered goods unless otherwise agreed upon in writing. Any agreement on the return of supplied goods is agreed upon for individual orders.
• Where WHITEWEAR accepts a cancellation, WHITEWEAR reserves the right to deduct from the credit note any incurred costs or administrative charges.
• Where WHITEWEAR accepts a return of delivered goods, the Customer is liable for freight costs and risk of the return shipment. Returns must be delivered to WHITEWEAR’s address in Herning, Denmark unless otherwise agreed upon in the return agreement. All items must be returned in unopened, unused, undamaged, and complete condition, in the original packaging.
• The Customer can expect that returns are made against a deduction in the credit note, for any costs incurred for shipping and handling return goods. The precise amount of these deductions will be determined in each case.
• Products that are not stocked by or considered shelf-items by WHITEWEAR cannot be returned.

Disputes
These Terms and Conditions, all transactions are governed by Danish law, CISG and conflict-of-law rules excluded. Disputes between WHITEWEAR and the Customer that cannot be resolved amicably shall be settled by the Danish Courts.