Trade terms B2b AND B2C


B2B TERMS OF SALE AND DELIVERY 

UNIQSIZE A/S market the brands MYSTAR and MERRYTIME.The Terms of Sale and Delivery for UNIQSIZE A/S, Holmgårdevej 17, 8632 Lemming Denmark VAT No. 32447392, hereinafter called UNIQSIZE shall apply to all orders – and prevail over any such terms or similar terms from a customer – unless the terms are dispensed from by express written agreement. The Terms of Sale and Delivery shall be subject to changes periodically and without notice

 

1.ORDER CONFIRMATION

When submitted, the order is binding. Upon UNIQSIZE written confirmation of the order, a final agreement on sale and delivery of goods has been entered into. The order is accepted subject to goods, raw materials and the like being available. If unforeseen difficulties arise or if unsatisfactory credit information about the customer is obtained after the acceptance of the order, the UNIQSIZE will be entitled to cancel the confirmed order exempt for liability of any kind or to demand provision of a fully adequate bank guarantee. The customer's cancellation of the confirmed order can only be accepted with prior written consent from UNIQSIZE. In case of UNIQSIZE acceptance the customer shall pay 30 % of the order value within 8 days from the cancellation date.
 

2. TERMS OF DELIVERY

The goods shall be delivered in accordance with ICC Incoterms 2010 ex works, unless otherwise specifically agreed and stated in the order confirmation in exceptional cases.
 
 

3. DELIVERY TIME AND DELAY

The delivery time will be stated in the order confirmation. The UNIQSIZE shall be entitled to postpone the delivery time by fourteen (14) days and shall immediately notify the customer in writing of any such postponement. In the event of force majeure, cf., however, the provisions below, delivery may be postponed until the obstacle ceases and ordinary trading and transport become possible.
 
 

4. PRICES

All prices of the UNIQSIZE are stated in GBP and are exclusive of VAT. The prices are subject to changes in customs duties, other duties and exchanges rates, and may be raised until delivery is made. The UNIQSIZE will inform the customer of anyprice changes. The customer shall be free to fix his resale prices.
 

5. PAYMENT

Unless otherwise agreed in writing, payment from the customer to the UNIQSIZE will be against invoice and is due for payment a stated in the order forms. Default interest of insert – 1,5 %  per month will be charged after the due date in the event of non- payment. UNIQSIZE may postpone delivery of orders or cancel orders by written notice and without incurring any liability for this if the customer is in arrears with payment for previous consignments delivered. UNIQSIZE reserves the right to cancel the order if payment is not made on the due date. Any financial loss that UNIQSIZE  incurs as a result hereof shall be compensated fully by the customer.
 
 

6. COMPLAINTS AND REMEDIES

Any complaint shall be submitted in writing, and must be received by the UNIQSIZE not later than eight (8) days after delivery or - if delayed - expected delivery of the goods. In the event of non-visible damage, the complaint shall likewise be submitted not later than eight (8) days from when the defect or deficiency could have been ascertained upon careful inspection, however, not later than 1 month. After the delivery date. If a part of the order is not delivered or is delayed or if part of the order is defective or deficient, the order may only be cancelled for this part of the order. Any complaint must be specific, documented and contain a precise specification on the contents of the complaint. No returns will be considered without prior written approval by the UNIQSIZE.
 
 

7.  EXEMPTION FROM LIABILITY (INCLUDING FORCE MAJEURE)

The Parties shall not be liable if the following non-exhaustive circumstances of force majeure occur and prevent or postpone the performance of the Agreement: war and mobilisation, riot and civil unrest, acts of terrorism, natural disasters, strikes and lockouts, scarcity of goods, faults, defects or delay in delivery from sub-suppliers or if sub-suppliers are otherwise hit by the present circumstances, fire, lack of means of transportation, exchange control regulations, import and ex-port restrictions, death, illness or absence of key staff members, computer viruses or any other circumstances that are beyond the Parties direct control. In such case, the Party shall be entitled to postpone fulfillment of the obligation until the obstacle has ceased or, alternatively, to cancel the Agreement in full or in part without incurring any liability for this, if the obstacle causes fulfillment to be postponed for more than six (6) months.
 

8. LIMITAION OF LIABILITY

UNIQSIZE shall, to the extent permitted by applicable laws, and in respect of any legal basis for the claim, including product liability, not be responsible for any product liability or for any direct or indirect business interruption loss, consequential loss, loss of profit, or any other loss whatsoever. In any event, the maximum liability shall be equal to repayment by the UNIQSIZE to the customer of the payment made for the delayed or defective part of the order.


9. VENUE AND GOVERNING LAW

This Agreement shall be governed by and construed in accordance with Danish law, disregarding the Danish choice of law rules to the extent that such rules would otherwise lead to the application of any other law than Danish law. The Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
 
(a) If the customer is not established in Norway or within a member state of the EU Any dispute arising out of or in connection with this contract, including any disputes regarding the existence, validity or termination thereof, shall be settled by arbitration arranged by the Danish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by the Danish Institute of Arbitration and in force at the time when such proceedings are commenced. The Court of Arbitration shall have its seat in Denmark, and the language to be used in the proceedings shall be Danish.
 
(b) If the customer is established in Norway or within a member state of the EU
Any dispute, controversy, or claim arising out of or in relation to this Agreement, or the breach, termination, or invalidity thereof, which can not be settled amicably between the Parties, shall be brought before a Danish District Court applicable to the UNIQSIZE head office. Even if the UNIQSIZE has initiated a court action against the customer, UNIQSIZE may at any stage decide to settle any dispute by arbitration arranged by the Danish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by the Danish Institute of Arbitration and in force at the time when such proceedings are commenced. The Court of Arbitration shall have its seat in Denmark, and the language to be used in the proceedings shall be Danish. The proceedings and the award shall be confidential without time limit. It is agreed that no appeal on any question of law otherwise may be made to any court.
 
Irrespective of the above mentioned in Article 9, and in the event debt collection by the UNIQSIZE is required, UNIQSIZE may at its own discretion decide to recover the debt at the customer's venue in accordance with the applicable law in the relevant country        




B2C exchange and return 

If you have second thoughts (right of cancellation)

You will have a 14-day right of cancellation when you shop at MYSTARDENIM.com. The cancellation period runs from the day of your receipt of the goods.

PACKAGING AND CONDITION OF RETURNED GOODS 
You are only entitled to exercising your right of cancellation only if the goods are returned in materially the same condition and amount. The goods must be complete with tags and labels. Hence, the right of cancellation will be terminated if you use the goods in a such way that apparently significantly reduces the market value of the goods. 

If you have second thoughts, the goods are returned to:

MY STAR DENIM A/S
Holmgårdevej 17

8632 Lemming
Denmark
 
If you have second thoughts, another option is to refuse to receive the package.
 
What should I include when I return goods?
You are requested to enclose a copy of your order confirmation. It is not a requirement but it will speed up the process if you complete and enclose the supplied exchange and returned goods notice. This may also be downloaded here.

NATURALLY, WE WILL RETURN ANY AMOUNTS PAID TO US

If you have second thoughts, we will of course return any amounts paid to you. The amount will be returned to the card you used for the payment when we have received the returned goods and confirmed that the goods meet the rules of cancellation. We will send you confirmation via email upon our receipt of the returned goods. The email will inform you of how the cancellation process will progress. The only cost you will have when you cancel an order is the return package postage.
 
Note! We do not accept parcels sent COD and similar. 
 
If something is wrong with your goods (complaint)
Shopping at MYSTARDENIM.com, it goes without saying that you will have a 24-month right of complaint. This means that you are either entitled to have your goods repaired, your money back or a price reduction depending on the given situation. Naturally, the complaint will have to be justified and the defect must not result from the incorrect use of the product and other damaging actions.
 
How soon must I act?
You must make your complaint within "reasonable time" after you noticed the defect. We recommend that you make your complaint as soon as possible. If you make your complaint within two months of noticing the defect, you will have made your complaint in time. 

We will refund reasonable carriage expenses.

If the complaint is justified, we will refund incurred (reasonable) return carriage expenses. The goods are returned to: 
 
MY STAR DENIM A/S
Holmgårdevej 17

8632 Lemming
Denmark
 
We need the following information when you return goods to us
Returning goods, please inform us of the problem in as many details as possible. If possible, you should enclose a copy of your invoice. It is not a requirement but it will speed up the process if you complete and enclose the supplied exchange and returned goods notice. This may also be downloaded here. 
 
We will send you confirmation via email upon our receipt of the returned goods. The email will inform you of how the complaint process will progress. Note! We do not accept parcels sent COD and similar.  Remember to always return the goods safely packed and to get a dispatch receipt, allowing us to refund the carriage expenses.
 
 

 
 
 


 
MY STAR DENIM A/S | Holmgårdevej 17 | 8632 Lemming | Tel. +45 4026 6310 | CVR: 32447392