1. General

These terms and conditions apply to all offers, sales and deliveries unless otherwise agreed in writing between the parties. The parties called buyer and Active Communication as AC or seller.

2. Prices

All prices are in Danish kroner and excluding VAT and COPY-DAN charges.

3. Payment

Payment terms are 14 days net cash on delivery after AC’s borrowing conditions are met.

Buyer is not entitled to withhold any payment due. Counterclaim as AC has not recognized. If the purchaser later than agreed, AC entitled to receive default interest from the due date.

Arrears shall be 2%. month or part of it at any time balance due. There will by sending reminders, will be paid a fee of kr. 100 plus VAT per. reminder. Buyer payments written off accrued interest and costs, then against the principal.

4. Delivery

Delivery shall be ex warehouse AC address.

Postage, payment fees, debit card fees, postage and insurance are added to all deliveries from AC unless otherwise agreed. Delivery times are, unless otherwise agreed, only and is counted from the time the AC is in possession of all the information to the delivery fulfillment. There will be no buyer damages for delays in delivery and the buyer is not entitled to terminate the deal because of it. If an item ordered for pickup is not removed within 4 working days from the date of invoice, AC reserves the right to charge a handling and shipping fee of kr. 250 per. order.

5. Errors in booking

Items are generally not returnable.

By prior written agreement may in special cases be canceled orders for stock items or return the unopened original packaging. Orders for ordering goods can not be canceled and such items are never returned. AC reserves the right of return of goods / cancellation of orders to make a restocking fee of 15% of the invoice value, with a minimum kr. 150. Approved returned goods credited to current market prices.

6. Product Information

Prices are subject to change and availability of information in brochures and other sales material. Claim as a result of any change and availability can not be invoked against AC. If the AC has undertaken to provide service at a separate agreement includes service obligation alone the products sold.

7. Intellectual Property Rights

Any delivery of products is done with respect of the holders’ intellectual property rights and the AC has no responsibility whatsoever for the buyer acts in violation of these rights.

8. Defects

AC is responsible for defects due to faulty design, material or manufacturing, and which appear within one year from the day the delivery took place. For parts that are replaced or repaired, the period shall be six months. The purchaser is obliged immediately upon receipt to make a careful check of the products supplied. If the buyer wants to claim a defect, the buyer must immediately and without delay to provide AC written notice stating the defect. If the buyer has discovered or should have discovered the defect and not complain as stated, the buyer can not later make the defect.

Are there any unauthorized changes or alterations to the supplied without AC’s written consent, AC exempted from any liability. AC may upon receipt of any complaint, ask the buyer to return the allegedly defective goods at the buyer’s risk and expense to the AC in original packaging. AC reserves the right to receive the allegedly defective part. AC reserves the right to test the products that are returned based on errors or omissions. If the AC that the returned product after testing is not defective, the product will be returned to the buyer with the collection of consumed test time. The price for this is per. 1 / 1-2007 kr. 500 per. at the beginning hour. AC can freely choose to remedy the defect by repair, replace the goods with a minimum of similar product or refund the purchase by the applicable daily rate at the time a claim.

9. Limitation of Liability

A claim to the AC can not exceed the invoice amount of the item sold. AC’s liability is limited to direct losses and AC is not liable for loss of profit losses or other indirect losses. AC is not liable for delays or defects caused by repair or replacement or attempted. AC is not liable if the following conditions prevent compliance with the purchase or makes performance unreasonably onerous: Industrial dispute or other circumstance which the parties have no control, such as fire, war, mobilization or the like, requisition, confiscation, currency restrictions, riots and civil commotion, shortage of transport, general scarcity of goods, fuel restrictions and defects or delays in deliveries by subcontractors caused by any of the above circumstances or circumstances of the case, which has significantly hampered AC’s fulfillment of the agreement. Circumstances as mentioned, which had occurred prior of the offer / agreement for relief only if their effect on the performance could not be foreseen at this time.

10. Product liability

AC is responsible for personal injury in accordance with Law no. 371 of 06.07 1989 on product liability. For property damage is AC only liable if it is proved that the damage was caused by negligence on the part of AC or other which he is responsible. Responsibility for commercial property damage is limited to max. kr. 5,000,000. AC is not responsible for loss of profits or other indirect losses. To the extent AC to third parties incurs product liability, the buyer is obliged to indemnify the seller to the same extent as the seller of the previous limit its liability.

11. Transfer of rights and obligations

AC is entitled to transfer all rights and obligations under the Agreement to a third party. 12. Disputes Any dispute between the AC and the buyer shall be settled under Danish law with Horsens City Court / High Court as venue, see. Administration of Justice Act § 245, whether the actions brought by the purchaser or AC.

LEGAL NOTICE

1. Terms

1.1 This legal notice (these “Terms”) applies to the entire contents of the website under the domain name www.activecommunication.dk/ (the “Website”) and to any correspondence between you and the Company (as defined below). Please read these Terms carefully before using the Website. Using the Website indicates that you accept these Terms regardless of whether or not you choose to register your information with us. If you do not accept these Terms, do not use the Website.

1.2 You may access the Website (excluding websites to which links are provided on the Website and which may be subject to their own terms of use, e.g. www.wut.de, thermoguard.com without registering your details with us. The Company may revise this legal notice at its sole and absolute discretion and without prior notice from time to time, by updating these Terms. You should therefore check the Website from time to time to review these Terms, because, by accessing and continuing to use the Website, you will be deemed to have accepted that you are bound by the Terms appearing on the Website at the time of your access. Certain of these Terms may, however, be superseded by expressly designated legal notices or terms located on particular pages within the Website.

1.3 This legal notice is issued by, and the Website is provided by, Active Communication (the “Company”), a company incorporated in Horsens, Denmark under registered number 27854524 and whose registered office is at Active Communication, Dagnæsalle 92, 8700 Horsens, Denmark. All references to “us” and “our” are references to the Company. You may contact the Company through the CONTACT US page.

1.4 The Website is aimed at DK residents and intended for access and use by DK, SE, NO residents only. In particular, no warranties and/or representations of any kind, express or implied, are given as to the compliance of the information shown on the Website or any information relating to our business in any respect with any laws of any other country which do not, in any event, affect or apply to the same.

 

2. INTELLECTUAL PROPERTY AND LICENCE

2.1 You are permitted to print and download extracts from the Website for your own use on the following basis:

(a) no documents or related graphics on the Website are modified in any way;
(b) no graphics on the Website are used separately from the corresponding text; and
(c) the Company’s copyright and trade mark notices and this permission notice appear in all copies.

2.2 Unless otherwise stated, the copyright, trademarks, database rights and other intellectual property rights in all content and material on the Website (including without limitation photographs and graphical images) are proprietary rights owned by the Company or its licensors. For the purposes of these Terms, any use of extracts from the Website other than in accordance with clause 2.1 for any purpose is prohibited. If you breach any of these Terms, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed extracts from the Website.

2.3 Subject to clause 2.1, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.

2.4 Any rights not expressly granted in these terms are reserved.

2.5 The Website may not be used in connection with any other commercial purpose except those that are specifically endorsed or approved by the Company. The Company for any illegal or unauthorized use of the Website will take appropriate legal action.

 

3. PRIVACY AND REGISTRATION

3.1 The Company’s use of your personal information is governed by its PRIVACY POLICY which can be viewed on the footer of the Website’s homepage. PLEASE READ THE PRIVACY POLICY CAREFULLY – it deals with your rights and our obligations in relation to your personal data, including what the Company can do with it and to whom the Company may give it in certain situations.

3.2 The Company will also (in accordance with its Privacy Policy) co-operate with law enforcement and other relevant authorities with respect to any investigation or violation of network security and reserves the right to disclose any information (including personal data) derived from you as required by law or in the good faith belief that failure to comply with a legitimate request from a law enforcement agency would be likely to prejudice the prevention or detection of crime or the apprehension or detection of offenders.

3.3 Each registration (of a Active Communication product and of your wish to be contacted by Active Communication or not) effected via the Website is for a single user only. Where any username and password is allocated to you, the Company does not permit you to share your username and password with any other person nor with multiple users on a network. Responsibility for the security of any passwords issued rests with you.

 

4. VISITOR CONDUCT

4.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

4.2 You are prohibited from posting or transmitting to or from the Website any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

4.3 You may not misuse the Website (including, without limitation, by hacking).

4.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3.

5. LINKS

5.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website (linked sites will generally open a new window, the Website remaining open). The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

5.2 You may not create links to the Website without the prior written consent of the Company, which consent will only be given subject to the satisfaction of certain criteria.

5.3 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of clause 5.2.

6. DISCLAIMER AND LIABILITY

6.1 The Company does not guarantee, represent or warrant that your use of the Website will be uninterrupted or error-free. While the Company endeavours to ensure that the Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.

6.2 You expressly agree that your use of, or inability to use, the Website is at your sole risk. The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, conditions and other terms and expressly disclaims any warranty of any kind, either express or implied, including all implied warranties of satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security, title and non-infringement which, but for this legal notice, might have effect in relation to the Website.

6.3 In no case shall the Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s group companies, its directors, officers, employees, affiliates, agents, contractors or licensors be liable to you or any third party for any direct, indirect, incidental, punitive, special or consequential loss or damages including without limitation any loss of use, profits or data arising from your use of the Website or for any other claim related in any way to your use of the Website including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of, or inability to use, any content posted, transmitted or otherwise made available via the Website or from the conduct of any users of the Website, whether online or offline, the deletion of your data , information or content stored on the Website, even if advised of their possibility whether such losses or damages arise in contract, negligence, tort or otherwise.

6.4 The Company does not represent or guarantee that the Website will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and the Company disclaims any liability relating thereto. You shall be responsible for backing up your own system and if your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

6.5 While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and any prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material.

6.6 Nothing in this Agreement shall act to exclude or limit the Company’s liability for death or personal injury caused by negligence, fraud, misrepresentation as to a fundamental matter or any other liability which may not by applicable law be excluded or limited.
If you are dissatisfied with any part of the Website or with this agreement, your sole and exclusive remedy is to discontinue using the Website.

7. INDEMNITY

By using the Website, you agree to indemnify and hold the Company and any of the Company’s group companies, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of the Website, any action taken by the Company as part of its investigation of a suspected breach of this agreement or as a result of its finding or decision that a breach of these Terms has occurred.

8. GENERAL

These Terms are between you and the Company and are governed by the laws of Denmark. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Danish courts.

The Company may delay enforcing its rights under these Terms without losing them.

You agree that the Company may sub-contract the performance of any of its obligations or may assign this agreement or any of its rights or obligations without giving you notice. 
The Company will not be liable to you for any breach of these Terms which arises because of any circumstances that the Company cannot reasonably be expected to control. 
The Contracts (Rights of Third Parties) Act 1999 does not apply to the agreement between you and the Company formed by these Terms. 
These Terms form the entire understanding between you and the Company concerning your use of the Website and supersede all previous agreements relating to the Website. 
If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.