TERMS OF SALE AND DELIVERY FOR PRIVATE INDIVIDUALS
1.1 These terms of sale and delivery (“Terms”) apply to private individuals’ purchase of products from Gori Propeller A/S.
1.2 Gori Propeller A/S requests you to read these Terms thoroughly before you accept an agreement on the purchase of products.
2. Gori Propeller A/S
2.1 An agreement made through our website www.gori-propeller.com is made with Gori Propeller A/S, business reg. no. 30 56 87 53, Fjordagervej 36, DK-6100 Haderslev (”Gori Propeller”).
2.2 Gori Propeller can be contacted at phone number: +45 73 52 53 54 or by email sent to: mail@gori-propeller.dk.
3. Conclusion of agreements
3.1 If you want to buy a Gori propeller, you must go to Gori Propeller’s website and request an offer for a Gori propeller. You will have to fill in a form with information about your boat, and on the basis of your information Gori Propeller will calculate the optimal Gori propeller for you and send you an offer.
3.2 You are responsible for ensuring that the information provided about your boat is correct. If you need help to fill in the form, please send us an email at mail@gori-propeller.dk.
3.3 You will receive the offer by email and the email will contain a payment link.
3.4 You accept the offer by accepting these Terms and effecting payment by using the payment link.
3.5 An agreement between you and Gori Propeller has not been concluded until payment has been made. You may thus cancel the purchase at any time before payment, to the effect that no agreement has been made.
3.6 When you accept the Terms, you also accept that Gori Propeller may communicate with you by using the email address and the phone number provided at the conclusion of the agreement.
3.7 These Terms do not apply to companies or others that want to use products commercially.
3.8 If you are a company or if you want to buy products for commercial use, you must contact Gori Propeller directly by sending an email to: mail@gori-propeller.dk or by calling us at phone number: +45 73 52 53 54.
4. Prices
4.1 The offer forwarded contains the price for a Gori Propeller that fits the boat on which you have provided information when requesting an offer. The price does not include fitting.
4.2 The buyer pays the freight to the delivery address stated and the freight charge is stated in the offer on a separate line.
4.3 The price is stated in Danish kroner (DKK) and includes VAT.
5. Payment
5.1 You must pay upon conclusion of an agreement.
5.2 Gori Propeller withdraws the amount from your account when the product is dispatched.
5.3 You can use one of the following payment methods:
· Dankort / VISA Dankort
· VISA
· VISA Electron
· MasterCard
· MobilePay
· ApplePay
6. Cancellation right
6.1 You have a right to cancel your purchase up to 14 days from the date on which you take physical possession of the products.
6.2 If the last day on which you may cancel the purchase is a public holiday, a Saturday, 5 June, 24 December or 31 December, the time limit does not expire until the next business day.
6.3 To be able to exercise your cancellation right you must inform Gori Propeller before the end of the time limit that you want to exercise your cancellation right.
6.4 You may use the Standard cancellation form attached to these Terms.
6.5 You may also cancel your purchase in other ways. In that case you must send a clear and unambiguous email to:
Gori Propeller A/S Fjordagervej 36 DK-6100 Haderslev mail@gori-propeller.dk
6.6 If you have exercised your cancellation right, Gori Propeller will refund you the amount equivalent to the value of the purchase cancelled including delivery costs.
6.7 You must pay the direct costs of returning the product to us.
6.8 Your refund will be paid without undue delay and within 14 days from the date when Gori Propeller has received notice from you about your decision to cancel the purchase.
6.9 Gori Propeller will use the same payment method to refund the amount to you as you used for the original transaction.
6.10 However, Gori Propeller may withhold the refund until Gori Propeller has received the product from you or until you have presented
documentation of your return of the product, depending on what takes place first.
6.11 You are liable for any diminished value of the product resulting from the handling other than what is necessary to ascertain the nature and properties of the product and the way it works.
7. Delivery
7.1 Delivery is made to the address provided by you when requesting an offer.
7.2 Delivery is made on the date specified in the order confirmation.
8. Delays
8.1 Delivery within 14 days from the end of the week agreed for delivery is not considered delay.
8.2 In the event of delay, Gori Propeller will inform you about it and when delivery is expected.
8.3 In the event of material delay, you are entitled to terminate the agreement.
8.4 Gori Propeller is in no circumstances liable as a result of delays, and you are thus not entitled to compensation or damages of any kind in the event of delays.
9. Complaints and defects
9.1 The provisions on defects of the Danish Sale of Goods Act apply to the purchase.
9.2 Gori Propeller recommends that you inspect the product for defects immediately after receipt. If you find out that the product is not complete or has been damaged during transport, Gori Propeller requests that you give us notice thereof as quickly as possible via: mail@gori-propeller.dk.
9.3 If the product is defective, you must give Gori Propeller notice thereof within reasonable time. Notice given within two months after you have
discovered the defect is always in time.
9.4 Gori Propeller’s liability for defects ends two years after product delivery.
10. Limitation of liability
10.1 Subject to the provisions of mandatory consumer protection law Gori Propeller’s total liability to you cannot exceed the value of the product sold.
11. Personal data
11.1 When purchasing a product from Gori Propeller, you will have to enter some personal data.
11.2 The data concerns your name, address, place of delivery, email address, phone number, any comments on delivery, and account information.
11.3 The data is required in order for Gori Propeller to conclude an agreement with you and to ensure that Gori Propeller can perform the agreement. The legal basis for such processing is section 6(1), para. (b) of the Danish Data Protection Act.
11.4 Your data is disclosed only to the carrier who is to deliver the product at the place of delivery.
11.5 Unless a longer period has been expressly agreed with you, Gori Propeller will only store your data until the period of two years within which notice must be given of any lack of conformity of the products has expired or for as long as any dispute between us may be pending. Then your data will automatically be deleted. However, data which is necessary in order for Gori Propeller to perform its obligations under the Danish Bookkeeping Act is in any circumstances stored for five years after the purchase.
11.6 You can always get access to the personal data which Gori Propeller processes about you. Please send an email to: mail@gori-propeller.dk.
11.7 You are entitled to file a complaint about Gori Propeller’s processing of your personal data. Your complaint can be filed with the Danish Data Protection Agency. How to complain (datatilsynet.dk)
11.8 Gori Propeller will then only store personal data about you if Gori Propeller in other ways or directly under the authority of applicable law is obliged to do so.
12. Dispute resolution and right to complain
12.1 If you want to complain about a product, you must first contact Gori Propeller. If it is not possible to find a solution, you have the following options:
12.2 You can file a complaint with the Danish Appeals Board Authority (the Danish Mediation Team for Consumer Complaints and perhaps later the Danish Consumer Board of Appeal), Toldboden 2, DK-8800 Viborg. You can file a complaint with the Danish Mediation Team for Consumer Complaints through the complaints portal of the Danish Appeals Board Authority https://kpo.naevneneshus.dk/ .
12.3 When filing a complaint, you must state the following email address: mail@gori-propeller.dk.
12.4 If you are a consumer residing in another EU country, you may file your complaint through the EU Commission’s online complaints platform. The platform is found here: http://ec.europa.eu/consumers/odr/
12.5 Any dispute between the parties may be settled by a legal action brought before a Danish court in compliance with Danish law.
Appendix
Standard cancellation form
(Fill in and return this form only if you want to exercise your cancellation right) To Gori Propeller A/S, Fjordagervej 36, DK-6100 Haderslev, mail@gori-propeller.dk:
I/we (*) hereby inform you that I/we (*) want to exercise the cancellation right in respect of my/our purchase agreement on the following products (*)/provision of the following services(*)
– Order number
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s)(only if contents of form are notified on paper)
– Date
(*) Delete if not relevant