These terms and conditions of sale and delivery ("Terms") apply to all offers, orders, sales, and deliveries from ZiboCare A/S, unless otherwise agreed in writing between the parties.
The following definitions are used in the Terms:
"ZiboCare A/S" / "Seller": The legal entity ZiboCare A/S, VAT no. 29610274, which supplies goods and services.
"Buyer": The physical or legal person who purchases goods or services from ZiboCare A/S, whether via the webshop or through direct trade.
"Consumer": A buyer who transacts outside their trade, according to the rules of the Sale of Goods Act.
"B2B customer" / "Business customer": A buyer who transacts as part of their profession or on behalf of a company, public institution, or organisation.
"Goods": All products, equipment, and other supplies sold by ZiboCare A/S.
"Services": Consultancy, service, technical tasks or other non-physical performances provided by ZiboCare A/S.
"Order Confirmation": Written confirmation from ZiboCare A/S that makes an order binding.
Any special agreements or contracts between the parties take precedence over these Terms to the extent that they deviate from them.
The buyer's own purchasing or standard terms apply only if they have been expressly accepted in writing by ZiboCare A/S.
2 – Application
The present terms and conditions of sale and delivery apply to all deliveries from ZiboCare A/S, unless otherwise agreed in writing.
The terms and conditions apply to both B2B customers and purchases via the webshop, though with the specific rules that follow from the Sale of Goods Act for private consumers.
3 – Offers and Order Confirmation
Offers from ZiboCare A/S are valid for 14 days unless otherwise stated.
An order is only binding when it is confirmed by ZiboCare A/S via an order confirmation.
Information on the website, in catalogues, and other marketing materials is indicative and does not constitute binding offers.
ZiboCare A/S reserves the right for typographical errors, system errors, and obvious errors in price indications and can, in such cases, cancel the order.
Confirmations, invoices, and other forms of communication are sent digitally, and this is considered valid communication.
4 – Prices
All prices are stated in Danish kroner excluding VAT and taxes unless otherwise indicated. On the webshop, prices are shown both with and without VAT.
ZiboCare A/S reserves the right to change prices due to changes in raw material prices, exchange rates, transport costs, or other external factors. Price changes can be notified with 30 days' notice unless otherwise agreed.
Consultancy services and services performed by a service technician are billed according to the applicable hourly rate. This may include costs for travel, materials, and any fees agreed upon in connection with the task.
All fees, such as environmental charges or special handling fees, are charged separately where relevant.
If framework agreements or contracts with special prices have been entered into, these take precedence over the general prices in these terms and conditions.
5 – Payment
Payment can be made with the most common payment cards, where this is offered. The amount is only deducted upon dispatch of the goods. Payment can also be made via invoice and EAN.
For invoice and EAN payments, the payment deadline is generally net 14 days, unless otherwise agreed.
In the event of late payment, interest is calculated in accordance with the Interest Act, and any reminder fees are applied.
Ownership of goods remains with ZiboCare A/S until full payment is received.
In the event of non-payment, ZiboCare A/S may suspend further deliveries until payment is received.
All collection costs are borne by the buyer.
Credit card payment and fees
Payment via credit and debit cards is handled through ZiboCare A/S’s payment gateway, NETS Easy.
All card information is processed with encryption and in accordance with applicable security standards (PCI DSS). ZiboCare A/S at no time has access to the buyer's full card information.
Any fees imposed by NETS Easy or the card issuer for the use of payment cards are borne by the buyer, unless otherwise stated in connection with the purchase.
The amount is reserved on the buyer's account when the order is placed and is only deducted when the goods are dispatched or the service is delivered, unless otherwise stated in the order confirmation.
6 – Right of withdrawal and return
B2B customers do not have a right of withdrawal unless this is agreed in writing.
The right of withdrawal does not apply to specially manufactured or customised goods.
For purchases via the webshop, consumers have a 14-day right of withdrawal from the day the item is received.
The item may be tried in the same way as in a physical shop. If the item is used beyond this, there may be a reduction in value (such as wear and tear, damage to the product, odours, and similar), which will be deducted from the refund. The item must be saleable upon return.
Returns can only be made by agreement. Items must be returned undamaged, unused, in original condition, and in original packaging.
Returns are at the buyer's expense unless otherwise agreed. Refunds are made no later than 14 days after receipt of the returned item.
7 – Delivery and transfer of risk
Delivery is generally from ZiboCare A/S’s warehouse address (EXW, Søften – Incoterms 2020), unless otherwise agreed. The risk for the item passes to the buyer upon delivery.
Delivery times are indicative. ZiboCare A/S cannot be held responsible for delays, but will inform the buyer of any changes as soon as possible.
Partial deliveries may occur and will be invoiced separately unless otherwise agreed.
If the buyer does not collect or receive the item at the agreed time, ZiboCare A/S is entitled to charge storage rent and any additional costs.
8 – Complaints and warranty
The buyer must immediately inspect the item upon receipt and file a written complaint no later than 8 days after a defect is or should have been discovered.
Consumers have a 24-month warranty in accordance with the Sale of Goods Act.
B2B customers have a 12-month right of complaint, unless otherwise agreed.
The warranty does not cover wear parts, incorrect use, inadequate maintenance, or modifications made without written consent.
ZiboCare A/S may, at its discretion, remedy the defect, send a replacement product, or give a proportional discount.
A complaint does not exempt the buyer from payment of due amounts.
Any costs for troubleshooting, disassembly, and assembly of defective parts are not covered by the warranty, unless otherwise agreed.
9 – Limitation of Liability
ZiboCare A/S’s liability is limited to the invoice value of the delivered goods.
Indirect losses such as operational loss, loss of profit, or other consequential damages are not compensated.
ZiboCare A/S’s total liability for compensation can never exceed the amount the buyer has paid for the delivery in question.
10 – Product Liability
ZiboCare A/S is liable according to the mandatory rules of Danish law on product liability.
For damages beyond this, ZiboCare A/S assumes no responsibility unless otherwise agreed in writing.
The buyer is obliged to immediately give ZiboCare A/S written notice if any damage occurs that may give rise to product liability.
The buyer is responsible for ensuring that the products are used in accordance with applicable legislation, regulatory requirements, and instructions for use prepared by ZiboCare A/S or its suppliers.
11 – Ongoing Agreements (Rental / Subscription)
By "Ongoing agreements", it is defined as agreements where the buyer continuously pays for the use or access to products or services, e.g., rental of products, subscription to services or equipment, or similar recurring payment agreements.
An ongoing agreement comes into effect upon signature or acceptance via webshop/written order confirmation, cf. the order confirmation provisions.
The agreement continues until it is terminated in accordance with the conditions set forth herein.
Payment is generally made in advance for each period, unless otherwise agreed in writing.
Ongoing agreements can be terminated by the buyer or ZiboCare A/S with 30 days' written notice.
Termination must be in writing (email or other documented communication).
Upon termination, rented products must be returned in the condition they were received (except for normal wear and tear), unless otherwise agreed.
If a deposit is paid, it will be returned at the end of the agreement, provided the product is returned in the agreed condition, with no damage beyond normal wear and tear.
Rent and other ongoing payments are due monthly in advance.
If the buyer fails to pay rent on time, ZiboCare A/S is entitled to terminate the agreement and demand the return of the product immediately.
The buyer is responsible for regular maintenance and proper use of the rented product.
Damage, apart from normal wear and tear, as well as lack of cleaning or maintenance, may result in claims for compensation or deductions from the deposit.
Upon termination of the rental agreement, the product must be returned to ZiboCare A/S within 5 days unless otherwise agreed.
Return costs are borne by the buyer unless otherwise agreed in writing.
It may be possible to purchase the rented product. Terms for purchase, including pricing, refund of deposit, and any part of already paid rental periods, are determined separately and will apply to the individual agreement.
12 – Force majeure
ZiboCare A/S is not liable for delays or failure to fulfil due to circumstances beyond the company's control, including strikes, fires, epidemics, wars, import restrictions, or supplier failure.
In such cases, the delivery time may be extended, or the agreement may be terminated without liability for compensation.
Deliveries may be subject to export control and sanction regulations. ZiboCare A/S is not responsible for delays or non-delivery if this is due to such circumstances.
13 – Governing law and jurisdiction
All agreements are subject to Danish law.
Disputes are settled at the district court in the jurisdiction where ZiboCare A/S has its headquarters.
If any provision of these Terms is invalid or unenforceable, it does not affect the validity of the remaining provisions.
All technical information, drawings, descriptions, or other information provided to the buyer remain the property of ZiboCare A/S and must not be copied or disclosed to third parties without written consent.
15 – Changes to Terms
ZiboCare A/S reserves the right to change these sales and delivery terms. The terms in force at any given time are available on the company's website and apply to future orders.
