Legal
Terms of Business ANE LYKKE ApS
1.1 These terms of business (the “Terms”) apply to any sale, commission or collaboration with any person or entity (a “Buyer”) undertaken by the ANE LYKKE ApS (“the Company”). By making a purchase, requesting a commission, or otherwise collaborating with the Company, the Buyer shall, unless otherwise agreed in writing, be deemed to have agreed to these Terms, which shall, accordingly, apply to the purchase or collaboration and be binding on the Buyer. Unless otherwise expressly stated by the Company these Terms apply to all sales, commissions, and collaborations worldwide.
2. Purchase orders and commissions
2.1 All sales and commissions are activated by a 50% non-refundable deposit. All preparation and production of the work, including the purchase of materials, will not commence until the deposit has been paid.The deposit is paid via bank transfer and is considered paid when it is registered on the Company’s account.
2.2 Once the deposit has been paid, the order is binding and cannot be adjusted, changed, or cancelled unless otherwise agreed in writing. The Company is in no way obliged to agree to any changes or cancellations once the deposit has been paid and the deposit will not be reimbursed if the order is cancelled.
2.3 Orders will not be shipped until the Company has received payment in full.
3. Prices
3.1 Prices are set exclusively by the Company and are determined separately for each sale. The Company is in no way obliged to follow market prices or pricing schemes.
3.2 Offers are non-binding until an order is finalised by transfer of the deposit. The Company may increase the price of the work due to: (i) any request by the Buyer to make changes to the work; or (ii) any request by the Buyer to make changes to the delivery date or location of the work.
3.3 All prices and offers are confidential.
4. Payment terms
4.1 Unless stated otherwise in the invoice, all payments shall be made to:
ANE LYKKE ApS
Rosendalsgade 11, 1. th
2100 Copenhagen
Denmark
VAT/ CVR no.: 42 50 77 09
Account
Danske Bank
Reg. no. 3409
Account no. 13269165
Swift DABADKKK
IBAN DK723000001326916
4.2 Invoices shall be paid at the time set out in the relevant invoice. Where the invoice does not state otherwise, payments shall be due and payable on the date falling 30 days after the date of the invoice after which late interest will accrue on any unpaid part thereof in accordance with the Danish Interest Act.
4.3 Buyer agrees to pay all reasonable legal fees incurred or paid by the Company in connection with any suit, action or proceeding to collect any amounts owed to the Company under these Terms.
5. Shipment
5.1 The Company will arrange shipment of orders via one of the Company’s preferred carriers. Delivery shall be arranged exclusively by the Company.
5.2 If delivery is arranged by the Buyer, all liability for the work shall pass to the Buyer in accordance with Incoterms 2020 – EXW.
5.3 Shipping fees are calculated separately for the individual works and are paid separately by the Buyer. Shipping fees must be paid before delivery can be scheduled.
5.4 Any shipments returned to the Company as a result of Buyer’s unexcused delay or failure to accept delivery will require Buyer to pay all additional costs incurred by the Company, including storage fees.
5.5 The Company may increase the price of delivery due to any request by the Buyer to make changes to the delivery date or location of the work.
5.6 In the event of any issues with customs or import restrictions, the Company reserves the right to postpone the delivery time or, if necessary, cancel the delivery.
5.7 The Company shall not be liable for any delay in delivery caused by events beyond the Company’s control (force majeure).
5.8 Delivery is considered to have taken place when the item has come into the Buyer’s possession.
5.9 The Buyer is obliged to inspect the packaging for any defects upon delivery. All defects must be reported to the freight carrier immediately and to the Company in writing immediately.Damage claims must include photographs of the packaging along with a written description of the damage. All packaging must be retained by the Buyer; failure to do so may invalidate any claim.
5.10 The Buyer is obliged to inspect the work for any defects upon delivery. All defects must be reported to the Company in writing immediately.Damage claims must include photographs of the damage and the packaging along with a written description of the damage.
6. Cancellation and returns
6.1 All orders are customised and cannot be cancelled or refunded.
6.2 In the event of damage to the work during delivery, the Buyer is required to notify the freight carrier and the Company immediately.
6.3 If the Buyer has signed the delivery note or otherwise confirmed acceptance of the delivery without noting the damage to the freight carrier, the Buyer is responsible for arranging and paying for the return of the work to the Company.
6.4 Please note that claims for reimbursement of the work will only be processed once the damaged work has been received by the Company in the original packaging or in packaging that provides similar protection.
7. Editions
7.1 Works may be sold as open numbered editions, limited editions and unnumbered works.
7.2 The specific type of edition for each work will be specified on a case-by-case basis.
8. Certifications
8.1 The provisions related to Light Works apply to all works where electrical appliances are included as part of the work.
8.3 Light Works are delivered with proof of compliance with all relevant CE markings.
8.3 The certification is only valid when using the original European electrical plug. If any part of the work is modified or altered, including to adapt the electrical connection, all liability of the Company for compliance with any standards or markings shall cease and all compliance with standards and liability for damages shall be the sole responsibility of the Buyer.
9. Correct use of the Light Works
9.1 For proper use and enjoyment of Light Works, please note the following, which is considered only to be a non-exhaustive list:
1. the device must be installed correctly by an authorised electrician.
2.the work must not be exposed to temperatures and voltages exceeding 50 °C and 220 -240 V.
3. the work must not be subjected to mechanical stress that exceeds normal use.
4. the work must not be switched on or remain switched on if the room temperature exceeds +50°C or is less than -20°C. Furthermore, even when the appliance is switched off, it must not be exposed to a room temperature exceeding +50°C.
5. if used consistently, the work must be switched off at least every 24 hours for a minimum of 6 hours.
6. the work must not be used for more than a total of 5,000 hours per year.
9.2 Upon delivery compliance with the requirements for proper use is the sole responsibility of the Buyer.
9.3 The Buyer is wholly responsible for obtaining a qualified installation professional to install the work. The Company expressly disclaims any obligation and/or liability arising from, relating to or in connection with the installation or mounting of work, as well as any liability for damages arising subsequently due to the mounting or installation of the work.
10. General maintenance and storage
10.1 Dust can collect between frames and lattices and within the lattice work. The cleaning instructions given below must be followed in order to protect the work.
10.2 To avoid damaging the finish, clean the fixture only when it is cool to the touch. Avoid using any cleaning agents. The works should only be cleaned with water using a hard wrung cloth.
10.3 Wood: The Company recommends the use of an air blower as the simplest and quickest method of removing dust. Recent vacuum cleaners have a blower function that can be used to clean dust. To avoid damaging the work, it is strongly recommended that suction is not used to remove dust.
10.4 Any works crafted from wood, should be stored considering that wood is a natural material that responds to its surroundings. It is therefore essential to handle and store the works at a consistent temperature and avoid humidity. Fluctuating humidity and temperature can cause the wood to expand.
10.5 While the Company provides recommendations for proper storage and cleaning of the works, the Company has no responsibility for any damages that may occur as a result of improper storage or handling by the Buyer.
10.6 It is the Buyer’s sole responsibility to ensure that the work is cleaned and stored under suitable conditions to avoid any potential damages or unintended changes to the work.
11. Defects and warranty
11.1 Please note that the works are made of natural materials and will naturally change and develop patina over time. This is a part of the works and cannot be considered a defect.
11.2 All works are handmade and, as such, can have minor variations from other models, showroom models and photos of models. All dimensions can have slight variations. Materials and finishes can vary from samples and exact matching is not guaranteed.
11. 3 The Buyer is obliged to inspect the work for any defects upon delivery. All defects must be reported to the Company in writing immediately.
11.4 Damage claims must include photographs along with a written description of the damage. If damage has occurred in shipping, all packaging must be retained by the Buyer; failure to do so may invalidate any claim.
11.5 For all works, the maximum warranty period is 1 year. For consumer purchases, the maximum warranty period is 2 years.
11.6 The Company will not be responsible for any damages reported after the expiry of this period.
12 Limitation of liability
12.1 The Company’s liability is subject to the following limitations:
1. the Company shall under no circumstances be liable for damage caused by incorrect installation or assembly, damage to the work caused by improper use, including using unsuitable cleaning agents or methods, or any costs incurred from installation, reinstallation or repairs.
2. the Company shall under no circumstances be liable to the Buyer for loss of earnings, time, profits, goodwill or any other kind of indirect loss.
3. the Company is only liable for product liability damages to the extent required by statutory provisions. The Company disclaims all liability for product liability damages on any other basis.
4. the Buyer agrees and accepts that any claim it may have against the Company may not be directed against the individual owners or employees of ANE LYKKE ApS, but solely against ANE LYKKE ApS and solely on the terms set out above.
12.2 The Company does not provide consultancy services and is not at any time subject to professional consultant liability. All instructions or information regarding the works, including but not limited to installation, maintenance, and storage of the works, shall be considered solely as recommendations and in no way imply that the Company is liable as a professional consultant or otherwise.
13. Responsibility for regulatory requirements
13.1 If the Buyer is a professional reseller (an ‘Importer’) who facilitates resale outside the European Union, it is the sole responsibility of the Importer to ensure that the product complies with all applicable regulatory requirements and regulations of the importing country, including but not limited to testing requirements, declarations, product information, declaration of use, instructions for use and labelling.
14.Confidentiality
14.1 All pricing, drawings, plans, disclosures, specifications, patterns, product or material samples or technical or business information furnished at any time to the Buyer by the Company shall remain the sole property of the Company. The Buyer shall hold all such information in strict confidence, shall not use or divulge to any third person or entity any such confidential information, and any and all copies of such confidential information shall be returned to the Company promptly upon the Company’s request.
15. Force majeure
15.1 The Company shall not be liable for any delay or loss caused by circumstances beyond the control of the Company, including but not limited to any form of strike, whether lawful or unlawful, lockout, government orders, war, civil unrest, import and export restrictions, labour shortage, missing or defective deliveries from subcontractors, terrorism, vandalism, fires, floods, pandemics or similar, or other incidents, including unusual natural events.
16. Taxes
16.1 All taxes and excises of any nature whatsoever now or hereafter levied by governmental authority, whether federal, state or local, either directly or indirectly, upon the sale or transportation of any works covered hereby shall be paid and borne by Buyer.
17. Insurance
17.1 The Company is insured by Topdanmark Forsikring A/S. The insurance covers transportation, professional liability and product liability.
18. Intellectual property rights
18.1 The sale of a work exclusively involves the transfer of proprietary rights to the specific work. The Company maintains ownership of all intellectual property rights pertaining to the work.
19. Assignment
19.1 These terms are binding upon, and shall inure to the benefit of Buyer, the Company and their successors and permitted assigns. Buyer may not assign all or any portion of its rights or obligations hereunder without the prior written consent of the Company. The Company may assign, delegate or subcontract a purchase order or any of its obligations under these terms, in whole or in part, without buyer’s consent.
20. Relationship of the parties
20.1 The relationship between the parties is that of independent contractors. Nothing contained in a quote, Buyer’s purchase order, these terms or in any other document or agreement related to the provision of the works shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever. No relationship of exclusivity shall be construed from these Terms.
21. Stand-alone terms and conditions
21.1 If any provision is invalid and/or unenforceable, in whole or in part, this will only affect the said provision or the part that is invalid or unenforceable. The remainder of the Terms shall continue to apply.
22. Applicable law
These Terms and any dispute arising hereunder or otherwise related to any consignment or collaboration by the Company shall be subject to Danish law and to the exclusive jurisdiction of the Danish courts.