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1. The agreement
The agreement between the seller and the buyer consists of these terms and conditions of sale and the information provided in the online store https://rotake.tomra.com, where you will find relevant information on how to use the reusable takeaway packaging system in the Aarhus city center.
In the event of any contradiction, what has been specifically agreed between the parties takes precedence if it does not conflict with mandatory legislation.
The agreement will also be supplemented by relevant legal provisions regulating the purchase of goods between traders.
2. Parties
The seller is Tomra System A/S, Brogrenen 3 2365 Ishøy Denmark, reuse.rotake@tomra.com, CVR nr. DK75643713 and is hereinafter referred to as the “seller”/seller or “we”/”us”.
The buyer is the legal or natural person who places the order and is hereinafter referred to as the “buyer” or “you”.
3. Conclusion of the agreement
The agreement is binding for both parties when the buyer has sent its order to the seller.
However, the agreement is not binding if there has been a typing error in the Seller’s offer in the ordering solution in the online store or in the Buyer’s order, and the other party realized or should have realized that there was such an error.
4. The goods
The seller warrants that the goods upon delivery will correspond in all material respects with any agreed specification and shall be within the expected industry standard with regard to materials, workmanship and design, and shall be fit for their intended purpose.
If the goods are intended for use in connection with any foodstuffs or beverages of any kind, the buyer shall be solely responsible for keeping the goods in a safe and proper environment within its premises and make sure that any materials that may adversely affect the goods shall be safely kept separate from the goods. The buyer shall after delivery of the goods keep the seller indemnified in respect of any third-party claims related to buyers’ non-compliance with the responsibilities stated in this clause.
5. Price
The stated price for the goods and services is the total price to be paid by the buyer. This price includes all taxes, deposit value if applicable and additional costs. Additional costs that the seller has not informed the buyer of prior to the purchase shall not be borne by the buyer.
6. Payments
Buyer may choose to pay with credit card or debit card or to receive an invoice. If you choose to pay by invoice, please note that NETS is the sellers invoicing partner.
If the buyer uses a credit card or debit card for payment, the seller can reserve the purchase price on the card when ordering. The card will be charged the same day the goods are dispatched.
When paying by invoice, the invoice is issued to the buyer upon dispatch of the goods. The payment deadline is stated on the invoice and is a maximum of 30 days from receipt.
TOMRA does not provide payment services through the online store. All payments are processed through the buyer’s bank or payment provider in co-operation with TOMRA’s payment provider.
7. Deposit value
The goods purchased contain a deposit value. The deposit value of your purchase is included in the price you pay as stated in clause 5 and will be identified on a separate line in the invoice or receipt you receive from your purchase.
The deposit value sum you pay is the deposit value for a single item, multiplied by the units of goods you purchase.
The deposit value will be reimbursed to you by your customers when you sell the goods to your customers.
8. Delivery
Delivery is deemed to have taken place when the buyer has taken possession of the goods purchased.
If the time of delivery is not stated in the order, the seller shall deliver the goods to the buyer without undue delay and no later than 5 days after the order from the customer. The goods shall be delivered to the Buyer at the buyers specified address unless otherwise specifically agreed between the parties.
9. The risk for the goods
The risk for the goods passes to the buyer when the buyer has received the goods delivered in accordance with section 8.
10. Delay and non-delivery – buyers’ rights and deadline for notifying claims
If the seller does not deliver the goods or delivers them too late in accordance with what is stated in the order, and this is not due to the buyer or circumstances on the buyer’s part, the buyer may demand fulfillment from the seller or cancel the purchase.
In the event of a claim for remedies for breach of contract, the notification should be in writing (e.g. e-mail) for evidentiary reasons.
11. Defects in the goods – the buyer’s rights and time limit for complaints
If there is a defect in the goods, the buyer must notify the seller as soon as possible after the defect was discovered or should have been discovered. Such notification shall be made no later than two weeks after the buyer took possession of the goods.
If the goods have a defect and this is not due to the buyer or circumstances on the buyer’s part, the buyer can choose between replacement or demand cancellation of the order from the seller.
Complaints to the seller should be made in writing (e.g. e-mail).
12. Return of goods
Save from situations with defect goods as regulated in clause 11, the seller will not accept return of any goods that has been properly sold under the agreement.
13. Unauthorized use
If the Buyer uses the online store in violation of these terms of use, the Buyer undertakes to indemnify the Seller against any third-party claims that may arise as a result of the Buyer’s unauthorized use of the reusable takeaway packaging system in the Aarhus city center.
Under the reusable takeaway packaging system in the Aarhus city center, the buyer may not accept return of used goods and pay out deposit to consumers. For hygiene purposes and correct material handling securing successful re-use of the goods, the consumer must be referred to one of the return points located within the Aarhus city center.
14. Third party links
The online store may contain links to third-party websites, applications, adverts or similar. The buyer accepts that use and clicks on such are at the buyer’s own risk and that TOMRA has no responsibility for the content of such pages.
15. Limitations of liability
The buyer and the seller shall not be liable for each other’s indirect losses that may occur as a result of breach of this agreement. Indirect loss includes, but is not limited to, consequential damages such as loss of profit or loss of sales, loss of goodwill or loss reputation, and costs and expenses related to such indirect loss. This limitation of liability shall not apply to either of the buyer’s or seller’s fraudulent or willful breach of this agreement.
16. Intellectual property rights
All trademarks, product names, logos and images shown in the online shop or in TOMRA’s marketing materials are intellectual property rights belonging to TOMRA and/or third parties who have granted TOMRA the right to use such intellectual property rights. Buyer may not use, copy, reproduce or distribute these intellectual property rights without TOMRA’s prior express written consent.
17. Confidentiality
The buyer and the seller agree that in the course of the seller supplying goods to the buyer, the parties may disclose to each other certain confidential information. The buyer and the seller agree that each party will maintain such information confidential and not disclose it to any third party without the other party’s prior written consent, unless the party has a legal obligation to disclose it or the information is in the public domain or is already in the possession of the receiving party through no fault of its own.
18. Personal data
The data controller for collected personal data is the seller. Unless the buyer consents otherwise, the seller may, in accordance with the Personal Data Act, only collect and store the personal data that is necessary for the seller to fulfil its obligations under the terms of use and the individual orders. The buyer’s personal data will only be disclosed to others if it is necessary for the seller to fulfil the buyer’s order, or in statutory cases.
19. Choice of law and disputes
These terms of use are subject to and shall be interpreted in accordance with Danish law. Any disputes between the Buyer and the Seller shall, as far as possible, be resolved by negotiation and amicably.
20. Changes to these terms of use
TOMRA may at any time and at its sole discretion make changes to the terms of use of the Online Store without prior notice. Any changes will be announced as a news item in the online store.