Co+Life

1. General

1.1 These terms and conditions govern the legal relationship between CO+Life A/S (“us” or “we”, as the context dictates) and you (“you”) in respect of orders made by you on-line via our website at www.co-life.dk (the “Website”).

1.2 These terms and conditions are effective from 01.10.2007 until further notice.

1.3 Anything appearing in these terms and conditions in italics only applies to goods sold under a consumer transaction (as defined by law) as opposed to goods sold to persons for the purpose of and in the course of their business.

2. About us

2.1 We are a private limited company incorporated and registered in Denmark under Danish law with its registered address at Adelgade 15, 3, 1304 Copenhagen K, Denmark, company number 30 49 43 26.

2.7 We reserve the right to make amendments to any misprints appearing in these terms and conditions.

3. Language

By accepting these terms and conditions you also accept that the contract between us and you will take place in the English language and that all further correspondence between us in respect of the contract will be in the English language.

4. Before shopping

4.1 You can place an order with us for Goods without having to register as a member but you have to complete the registration process by entering your details here.

4.2 You have to indicate that you accept these terms and conditions by clicking on the acceptance button appearing at the end of these terms and conditions or appearing before you make the payment transaction.

5. Personal information

5.1 We treat privacy and data protection issues seriously. The terms and conditions in this clause 5 set out how we will deal with and treat any personal information about you that is supplied by you to us voluntarily.

5.2 Generally we will collect personal information which includes your name, postal address, telephone number and e-mail address. Any personal information supplied by you to us during the registration process will be held by us for a maximum period of 5 years.

5.3 The purpose of registering your personal information is to enable us to deliver Goods to you. It is our policy not to disclose your personal information to any third party without your permission unless we are legally required to do so (by legal or regulatory authorities) or to enable one of our strategic partners to fulfil and process an order request on our behalf.

5.4 When personal data is collected via the Website we always make sure, that you give your explicit consent to our collecting the data, and that you are informed of what information we collect and for what purpose.

5.6 Any alternative delivery address supplied by you to us is kept by us so that it can be used if you want Goods delivered in a different place from the payment address.

5.7 In order to improve our service we may use your personal information (including sales information) for marketing and analysis purposes. Generally this information will be used in an aggregated non-personal form.

5.8 You accept that we from time to time by e-mail notify you of other Goods, special offers and services that we feel may be of interest to you.

5.9 If you wish to receive our newsletter as well, please click here and sign up.

5.9 All of our employees have access to all of your personal information.

5.10 Your personal information is not encrypted but kept on computers protected by passwords.

5.11 We do not register any other personal information about you other than that voluntarily submitted by you during the registration process.

5.12 All personal information submitted by you to us is transmitted in a non-encrypted form.

5.13 Following your registration with us (if you decide to do so or if you buy from us) you are always free to change the details that you have registered by providing us with notice in writing of the changes and you always have the right to recieve a record of the personal information that we hold about you.

5.14 Any inquiry concerning this issue should be directed to us via e-mail: info@co-life.dk.

6. Reservation of title

6.1 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these terms and conditions, the property in the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods and all other Goods agreed to be sold by us to you for which payment is then due.

6.2 Until such time as the property in the Goods passes to you, you shall hold the Goods as our fiduciary agent and bailee, and shall keep the Goods separate from all other Goods held by you and by third parties and keep them properly stored, protected and insured and identified as our property.

6.3 Until such time as the property in the Goods passes to you, we may at any time require you to deliver up the Goods to us and, if you fail to do so forthwith, enter on any of your premises or those of any third party where the Goods are stored and repossess the Goods.

6.4 You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain our property, but if you do so all moneys owing by you to us shall (without limiting any other right or remedy of ours) forthwith become due and payable.

7. Prices and catalogue of Goods

7.1 The price of the Goods shall be the price quoted by us or, where no price has been quoted (or a quoted price is no longer valid), the price listed in our published price list appearing on the Website as at the date of acceptance of the order.

7.2 All prices quoted are valid for 30 days only or until earlier acceptance by you, after which time they may be altered by us without notice.

7.3 We reserve the right, by giving notice to you at any time before delivery, to increase the price of the Goods to reflect any increase in the cost to us which is due to any factor beyond our control (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), any change in delivery dates, quantities or specifications for the Goods which is requested by you, or any delay caused by any of your instructions or your failure to give us adequate information or instructions.

7.4 All prices for non-Consumers are stated to be exclusive of VAT unless otherwise stated.

7.5 Any discount that we offer you in respect of the Goods is subject to timely and full payment by you.

7.6 Our current freight and delivery charges will be added to the quoted prices in respect of Goods exported from Denmark. You can find our current freight and delivery charges by clicking here.

7.7 We reserve the right to make an additional charge of [either a fixed sum or a % of the payment] for payments made by credit card and by [insert details of other payment methods that will attract an additional charge]

7.8 We may at our discretion change the content of our catalogue of Goods appearing on the Website without notice.

Applies only to Consumers:

7.10 All prices stated include applicable VAT. Before you accept your order of Goods you will receive information about the total charges for freight and delivery.

7.11 Depending on your choice of payment means, an additional fee may be added to the purchase price by your credit card company or in connection with the cost of delivering. .

7.12 Any additional fee will be added to the total amount before you accept the transaction. We do not debit your account/credit card before we dispatch the Goods.

7.13 When ordering the Goods you will receive an e-mail from us confirming we have received your order.

7.14 You will receive a further e-mail confirming if and when we can deliver the Goods you have ordered.

7.15 If we dispatch your Goods after we have confirmed your order we will send you another e-mail in which we inform you that we have dispatched the Goods and have taken payment.

7.16 All emails sent to you shall be deemed to incorporate these terms and conditions.

8. Formation of contract

8.1 Regardless of your having completed a registration process and having placed an order for Goods, a legally binding contract is only established between us when the following conditions have been fulfilled:

(a) your payment has been received by us in cash or in cleared funds;

(b) you have received a confirmation from us by e-mail accepting your order.

8.2 If Goods are sold out this will normally be stated when trying to order the Goods in question, but we reserve the right to inform you of this in a subsequent e-mail where we will change the number to zero or the number of Goods we can delivery. Furthermore we reserve the right to state a binding date and time of delivery.

8.3 In the event that you order a number of Goods we shall be entitled to deliver such Goods to you in separate deliveries provided that we are able to deliver the last remaining Goods to be delivered within 7 working days of the first delivery of Goods.

9. Choice of Goods and suitability for purpose

Applies only to consumers:

9.1 As a consumer you are aware of the fact and accept that you have not received any advice about the Goods that you have decided to buy. You are therefore solely responsible for your own choice of Goods and their suitability for purpose.

9.2 Before you order Goods you should carefully read through the description of the Goods, particularly as to whether you are ordering new or second hand Goods and whether all necessary accessories and/or parts are included with the Goods or have to be bought separately.

10. Delivery of Goods

10.1 We shall confirm the date and time of delivery of the Goods in the confirmation of your order that we will send to you by email. The time of delivery is approximate unless otherwise expressly accepted by us or expressly stated in connection with the description of the chosen form of transportation.

10.2 We will deliver the Goods ordered by you to the address for delivery supplied by you during the registration process.

11. Warranty, risk and notification of defects

11.1 All Goods are purchased based on the description of such Goods appearing on the Website at the date and time that you place your order.

11.2 It will always be clearly stated if the Goods in question are second hand/demo Goods. By placing an order in respect of such Goods you accept that the Goods in question are second hand/demo Goods.

11.3 We only assume liability for proper and correct transport to the delivery address that we have received on the web site.

11.4 Risk of damage to or loss of the Goods shall pass to you on delivery.

11.5 When you receive Goods you must at once inspect them for any defects or non-conformity.

11.6 You must supply us with full details in respect of any defects in the Goods that you discover on delivery of the Goods by us to you. Any notification of defects in the Goods received by us later than five working days from delivery of the Goods will be rejected.

Applies only to consumers:

11.7 Unless more favourable terms are posted on the Website alongside a description of particular Goods you are hereby granted a notification period in respect of defects of 24 months on all Goods from the date of delivery of the Goods by us to you.

11.8 The right of notification of defects does not apply if you use the Goods for a purpose for which they were not intended or otherwise in such a manner as to cause the defect. The right of notification of defects is furthermore subject to the defect being present in the Goods at the time of delivery.

11.9 Your right to submit notification of defects must be exercised within reasonable time of your having discovered the defect.

11.10 If we consider that your notification of defects is justified we will refund you your reasonable transportation costs when returning the Goods to us.

11.12 If you wish to make a notification of defects about Goods you can complete and send the notification form found here together with the Goods in question to the following address:

Co+Life A/S
Adelgade 13, 3
1304 Copenhagen K
Denmark

11.13 It is not possible to return Goods to us in person.

11.14 When you return Goods please state the order number on the parcel. Your order number will be sent to you by email when we confirm acceptance of your order.

11.5 We will contact you by email within a reasonable period of time following receipt by us of your notification of defects.

12. Your right to cancel your contract

12.1 You may cancel your contract with us for the Goods you order at any time up to the end of the 14th working day from the date you receive the ordered Goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

12.2 To cancel your contract you must notify us in writing.

12.3 If you have received the Goods before you cancel your contract then you must send the Goods back to our contact address in the same condition as you received them and at your own cost and risk. If you cancel your contract but we have already processed the Goods for delivery you must not unpack the Goods when they are received by you and you must send the Goods back to us at our contact address at your own cost and risk as soon as possible.

12.4 Once you have notified us in writing that you are cancelling your contract, any sum debited by us will be repaid to you as soon as practicable and in any event within 14 days of your order PROVIDED THAT you have supplied us with the necessary bank account details for making such payment and the Goods in question are returned by you and received by us in the condition they were in when delivered to you (including in the original packaging if possible) and you have not lost your right to cancel under the terms of this clause. If you do not return the Goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to you.

12.5 Your right of withdrawal is lost if you have used the Goods in such a way as to make it impossible to return them to us in the same condition as you received them.

12.6 The right of cancellation does not apply if your order relates to Goods that we have ordered especially for you or if you order tailor made Goods. Before you buy such Goods you will be asked to confirm your acceptance in writing that your right of cancellation shall not apply.

12.7 If you wish to cancel your order and return Goods to us you can complete and send the return of Goods form found here together with the Goods in question to the following address:

Co+Life A/S
Adelgade 13, 3
1304 Copenhagen K
Denmark

12.8 It is not possible to return the Goods to us in person.

12.9 When you return Goods please state your order number on the parcel. Your order number will be sent to you by email when we confirm acceptance of your order.

12.10 Once we have received the Goods and have established that you have satisfied the conditions for exercising the right to cancel your order we will refund you the money as soon as is practicable.

12.11 If we are of the opinion that the conditions for exercising your right to cancel your order have not been met, we will send you notice to this effect by e-mail, explaining the basis for our decision.

13. Cancellation by us

13.1 Upon the occurrence of one or more of the events referred to in clauses 13.2(a) to (g) below then, without limiting any other right or remedy available to us, we may cancel our contract with you or suspend any further deliveries under our contract with you without any liability to you, subject to clause 13.3 below.

13.2 We reserve the right to cancel the contract between us if:

(a) we have insufficient stock to deliver the Goods you have ordered or the Goods are discontinued by our suppliers;

(b) we do not or are unable for any reason to deliver to your locality; or

(c) one or more of the Goods you ordered was listed at an incorrect price due to a typographical error on the Website or in our email confirmation to you or an error in the pricing information received by us from our suppliers;

(d) you make a voluntary arrangement with your creditors or (being an individual or firm) become bankrupt or (being a company) become subject to an administration order or go into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or

(e) an encumbrance takes possession, or a receiver is appointed, of any of your property or assets; or

(f) you cease, or threaten to cease, to carry on business; or

(g) we reasonably apprehend that any of the events mentioned above is about to occur in relation to you and we notify you accordingly.

13.3 If we cancel your contract in accordance with clauses 13.2(a) to (g) above we will notify you by e-mail and will reimburse you any sum paid by you to us (including crediting your account any sum deducted by us from your credit card but excluding the cost of freight and delivery) as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

14. Liability

14.1 We do not accept liability for:

(a) any delay in delivery of Goods by us;

(b) any failure to deliver Goods ordered where such failure is caused by the failure of our suppliers to make delivery of Goods to us; or

(c) any failure to deliver by us due to the Goods in question being out of stock or having been discontinued by our suppliers.

14.2 We do not accept liability for the loss of data or applications in connection with investigation of claims of defects or repairs to Goods.

14.3 If you do not receive Goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing in accordance with clause 15 (Notices) below of the problem within 40 days of the date on which you ordered the Goods.

14.4 If you notify a problem to us under this condition, our only obligation will be, at your option:

(a) to make good any shortage or non-delivery;

(b) to replace or repair any Goods that are damaged or defective; or

14.5 Subject as expressly provided in these terms and conditions, and except where the Goods are sold to a person dealing as a Consumer, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law. Where you are contracting as a Consumer your statutory rights are not affected by these terms and conditions.

14.6 Except in respect of death or personal injury caused by our negligence, or liability for defective products under the Consumer Protection Regulations in the European Union, we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by our negligence or that of our employees or agents or otherwise) which arise out of or in connection with the supply of the Goods (including any delay in supplying or any failure to supply the Goods in accordance with these terms and conditions or at all) or their use or resale by you, other than to refund to you the amount paid by you for the Goods in question under clause 14.5© above and in any event our entire liability to you under or in connection with these terms and conditions and in respect of all Goods ordered by you shall not exceed the lesser of the price of the Goods received by us from you and DKK 50,000.

14.6 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from our site. The importation or exportation of certain of our Goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods you purchase.

14.7 You undertake to indemnify us and keep us at all times fully indemnified from and against all actions proceedings claims demands costs (including without prejudice to the generality of this provision our legal costs on a solicitor and own client basis) awards and damages however arising directly or indirectly as a result of any breach or non-performance by you of any of your warranties, representations and obligations under these terms and conditions.

15. Intellectual Property

15.1 You acknowledge and agree that the Website and associated software used in connection with the Website contains proprietary and confidential information that is protected by applicable intellectual property rights which are vested in us, including our exclusive right to publish or make copies of the contents of the Website, and you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the contents of the Website or the software used in connection with the Website.

15.2 Our copyright policy applies to these terms and conditions. You can find our current policy here.

16. Events beyond our control

We shall have no liability to you for any failure to deliver Goods you have ordered or any delay in doing so or for any damage or defect to Goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

17. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address in Denmark by e-mail to info@co+life.dk with a hard copy sent by registered air mail to: “Co+Life A/S, Adelgade 15, 3, 1304 Copenhagen, Denmark” and all notices from us to you will be displayed on the Website from to time.

18. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

19. Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the any UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

20. Governing law and jurisdiction

20.1 These terms and conditions and their performance shall be governed and construed in accordance with Danish law.

20.2 In relation to any legal action or proceedings to enforce these terms and conditions or arising out of or in connection with these terms and conditions (“proceedings”) each of the parties hereby irrevocably submits and shall submit to the exclusive jurisdiction of the Danish courts and hereby waives and shall waive any objection it may have to proceedings in such courts on the ground of venue or on the grounds that proceedings have been brought in an inconvenient forum.

20.3 The UN Convention on Contracts for International Sales of Goods 1980 shall not apply to these terms and conditions.

21. Entire agreement

These terms and conditions, together with our current Website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the Goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any Goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.