1. Applicability
1.1 Application: These General Terms and Conditions of Sale and Delivery (the “Terms”) apply to all agreements regarding Flextel’s sale and delivery of products, accessories, and related services to business customers (B2B). The Customer accepts these Terms upon any purchase and is encouraged to review them thoroughly.
2. Basis of Agreement
2.1 Basis of Agreement: Orders can be placed via the Webshop, via email to sales@flextel.nu, or directly to an authorized employee at Flextel. These Terms, together with Flextel’s quotes and order confirmations, constitute the entire agreement regarding the sale and delivery of products (including backordered items) to the Customer (the “Agreement”). The Customer’s own purchasing terms, whether printed on orders or otherwise communicated, do not form part of the Agreement. 2.2 Changes and Additions: Changes or additions to the Agreement are only valid if agreed upon in writing by both parties.
3. Webshop Access and Security
3.1 Access and Confidentiality: Any information regarding prices, sales, and delivery terms visible through the Customer’s exclusive access to the Flextel website is for internal use within the Customer’s business only and must be treated as strictly confidential. Breach of this confidentiality will result in immediate termination of webshop access and be considered a material breach of contract.
3.2 Misuse of Access: All use or misuse of customer logins is the Customer’s sole responsibility. The Customer is responsible for notifying Flextel immediately to block access if there is any suspicion that a password has been compromised or lost.
4. Prices, Payment, and Product Information
4.1 Price: All prices on the Flextel webshop are in Danish Kroner (DKK) and exclude VAT. Current prices are displayed on the webshop and apply at the time Flextel confirms the order. As prices change continuously, webshop prices generally apply only to physical stock.
4.2 Order Confirmation: Upon ordering, the Customer receives an automated receipt. Flextel will, within 24 hours, inform the Customer if there are price changes or if non-stock items cannot be sourced. If a price change is to the Customer’s disadvantage, the Customer has the right to cancel the order.
4.3 Shipping and Handling: Fees for shipping and order handling will appear on the order confirmation.
4.3.1 Partial Delivery: If not all items are in stock, partial delivery can be purchased. In-stock items are shipped immediately, while remaining items are shipped together once back in stock.
4.4 Errors in Price and Info: Flextel reserves the right to correct pricing errors and changes/errors in product information. Such errors cannot be held against Flextel.
4.5 Payment: Unless otherwise agreed and subject to Flextel credit approval, payment shall be made no later than thirty (30) days from the invoice date. Invoices may be issued from the dispatch of the Products from Flextel. Any credit facilities require prior approval from our insurance company and are agreed upon individually. If payment is not made on time, Flextel is entitled to charge interest and late fees, and take necessary steps to recover the debt.
5. Retention of Title
5.1 Retention of Title: For any sale on credit, Flextel retains full ownership of the delivered products until the entire purchase price, including any interest, late fees, and legal costs, has been paid in full.
6. Right of Return
6.1 Right of Return: Flextel generally does not offer a right of return for B2B purchases unless a specific written agreement has been made prior to the purchase contract.
7. Delivery
7.1 Delivery Terms: Flextel delivers as standard (Incoterms 2020 DDP – Delivered Duty Paid) to all customers in Denmark unless otherwise agreed.
7.2 Inspection: Upon receipt, the Customer is obliged to inspect the shipment for damages or shortages. Flextel must be notified in writing of any defects immediately and no later than 48 hours after delivery. Defects not claimed within this period cannot be asserted against Flextel later.
7.3 Delays: Flextel strives to meet all delivery dates but reserves the right for delays. If Flextel fails to deliver within 3-5 working days after the stated date for reasons not caused by the Customer, the Customer may cancel the affected order(s) by written notice. The Customer has no other rights or remedies in the event of delayed delivery.
8. Warranty and RMA Handling
8.1 Warranty: Unless otherwise stated, all goods sold through Flextel are covered by the manufacturers’ warranties in accordance with EU regulations.
8.1.1 Manufacturer Service: For most manufacturers, warranty claims MUST be handled directly through the manufacturer’s own authorized service partners and NOT through Flextel. Contact us for information on specific service partners.
8.1.2 Flextel Handling: For products where the manufacturer does not have local service partners, the warranty is handled through Flextel, which will facilitate the claim with the manufacturer.
8.1.3 RMA Process: Products sent for RMA are forwarded to the manufacturer. If the defect is covered by warranty, it will be rectified by repair, component replacement, or product exchange. If not covered, a quote for repair will be provided, or the product returned. Fees for handling and shipping of non-warranty items may apply.
9. Liability
9.1 General Liability: Each party is liable for their own acts and omissions under applicable law, subject to the limitations in the Agreement.
9.2 Product Liability: Flextel is liable for product liability regarding delivered products only to the extent such liability follows from mandatory law and the item is not covered by the manufacturer’s warranty.
9.3 Limitation of Liability: Flextel’s total liability to the Customer cannot exceed the invoice amount for the sold unit, unless caused by intent or gross negligence.
9.4 Indirect Loss: Flextel is not liable for indirect losses, including loss of production, sales, profit, time, or goodwill, unless caused by intent or gross negligence.
9.5 Force Majeure: Flextel is not liable for failure to perform obligations due to force majeure (e.g., unusual natural conditions, war, terror, fire, floods, vandalism, or labor disputes).
10. Confidentiality
10.1 Disclosure: The Customer may not disclose or use Flextel’s trade secrets or other non-public information. This obligation applies during and indefinitely after the business relationship ends.
11. Governing Law and Jurisdiction
11.1 Governing Law: Any dispute arising between Flextel and the Buyer shall be settled according to Danish Law, with the local court of Flextel’s registered business address as the exclusive venue.
Flextel
Email: sales@flextel.nu