Terms and Conditions for Products for Business Customers

1. Application and validity

1.1 Failing agreement in writing to the contrary, any delivery shall be made in accordance with the conditions of sale and delivery specified below.

1.2 Unless accepted in writing by the vendor, any deviation from the terms hereof which appears in the tender, order or the like of the purchaser shall not be valid.

1.3 These terms apply exclusively to business customers (B2B). Consumer protection legislation does not apply.

2. Quotations

2.1 The quotation of the vendor shall be valid for one week from the quotation date. The purchaser’s acceptance must be received by the vendor before expiry of the time-limit for acceptance.

3. Orders

3.1 An order shall not be binding on the vendor until the vendor’s order acknowledgement has been received by the purchaser.

3.2 Any objections by the purchaser to the contents of the order acknowledgement shall be made in writing and be received by the vendor not later than five business days after the date of the order acknowledgement.

3.3 Statement on sales on third-party online platforms:

Crateit allows no sales on third-party online platforms (i.e. AMAZON, Ebay, bol.com etc.) without written consent from Crateit in Denmark.

In cases of unapproved sales, Crateit reserves the right to inactivate accounts and/or hold back all orders until the situation has been solved. This is done to secure existing partnerships representing Crateit on such platforms.

Repeated or material breach may result in termination of the business relationship.

For inquiries, contact:

sales@crateit.dk / +45 70 60 33 73

4. Prices, insurance etc.

4.1 The prices quoted do not include VAT and other similar taxes and duties.

4.2 Shipping terms:

• Denmark: Free shipping on orders over 5,000 DKK excluding VAT. For orders below this amount, a shipping and handling fee of 399 DKK excluding VAT will apply.
• Other European countries: Free shipping on orders over 1,000 EUR excluding VAT. For orders below this amount, a shipping and handling fee of 99 EUR excluding VAT will apply.
• Rest of the world: Free shipping on orders over 3,000 EUR excluding VAT. For orders below this amount, a shipping and handling fee of 299 EUR excluding VAT will apply.

4.3 The vendor shall take out and pay usual transport insurance. Risk of loss or damage passes in accordance with clause 13.2.

4.4 Shipping method recommendation (B2B customers)

For business customers, Crateit always recommends shipping products on pallets as the safest and most reliable transport method. This applies both to collection from Crateit and to onward delivery to the purchaser’s customers.

Parcel shipment of Crateit products may increase the risk of transport damage and is therefore not recommended for B2B orders.

4.5 EXW collection and transport responsibility

Where delivery is agreed as EXW (Ex Works), all responsibility and risk related to transport, handling, and choice of shipping method lies entirely with the purchaser, in accordance with Incoterms®.

This includes, but is not limited to:

• Choice of carrier

• Packaging requirements

• Handling during transport

• Claims related to transport damage

Crateit cannot be held liable for damage arising from transport methods chosen by the purchaser, including parcel shipments instead of pallet transport.

5. Cancellation and amendments

5.1 An order can only be cancelled or amended with written approval from the vendor. All costs are borne by the purchaser.

5.2 Cancellation costs: Minimum 10% of the purchase sum excl. VAT.

6. Tolerances

6.1 Standard tolerances of the vendor apply if no tolerances have been specified. Information is available on request.

7. Scope of delivery

7.1 The vendor may deliver up to 10% above or below the ordered quantity.

7.2 The weight stated in vendor’s drawings is theoretical and not binding.

8. Time of delivery

8.1 Delivery times apply only if specifications are provided at order acknowledgement.

8.2 If advance payment is required, delivery time runs from payment date.

8.3 No compensation is payable for delayed delivery, including delays caused by force majeure or circumstances beyond the vendor’s control.

9. Call and specifications

9.1 If specifications are not received within the time-limit, the vendor may cancel the purchase or deliver standard dimensions. Compensation is due, minimum 10% of the agreed purchase sum excl. VAT.

9.2 If no time-limit is agreed, delivery is made as soon as possible after receipt of purchaser’s specifications.

10. Payment

10.1 Payment terms are set by the vendor. Terms may be changed if purchaser’s financial standing deteriorates.

10.2 Payment must be received no later than the due date. Delay entitles vendor to withhold deliveries.

10.3 Interest on late payment is set by the vendor.

11. Retention of title

11.1 Title remains with the vendor until full payment incl. VAT and interest is received.

12. Tools

12.1 Tools designed/produced by vendor remain vendor’s property. Even if tool costs are charged, ownership stays with vendor. Tools unused for 3 years may be destroyed without notice.

13. Vendor’s liability, inspection, and complaints

13.1 Vendor is liable for advisory errors only in relation to dimensioning of profiles, alloys, or surface requirements.

13.2 Risk passes to purchaser at handover to carrier.

13.3 Purchaser must inspect delivery immediately and report defects in writing. Visible transport damage must be noted on the freight bill.

13.4 Vendor may remedy defects by replacement. If replacement is made, no further claims are possible.

13.5 Vendor’s liability in processing purchaser’s products is limited to the payment agreed excl. VAT.

13.6 Guarantees from subcontractors are transferred, but claims cannot be made directly against the vendor.

14. Returns

14.1 Returns of defective goods are at vendor’s expense only if vendor’s return instructions are followed.

14.2 Goods must be returned securely packed in original packaging.

14.3 Failure to return correctly forfeits right to defect claims.

14.4 Any claim relating to defects must be submitted in writing without undue delay and no later than 14 days after delivery.

15. Product liability

15.1 Vendor disclaims liability for product damage unless caused by gross negligence or intent.

15.2 Purchaser must inform vendor immediately of third-party claims.

15.3 Purchaser must appear in proceedings involving vendor.

15.4 Purchaser must indemnify vendor against claims exceeding vendor’s liability.

16. Construction delivery clause

16.1 Applies for construction deliveries in Denmark (National Building Agency circular, 25 June 1986).

17. Force majeure

17.1 Force majeure includes war, mobilization, strikes, raw material shortage, fire, or other extraordinary events beyond vendor’s control.

17.2 Vendor may cancel or postpone delivery in such cases.

17.3 Vendor is not liable for losses caused by force majeure.

18. Applicable law and venue

18.1 Disputes are settled under Danish law by the Maritime and Commercial Court in Copenhagen. The International Sale of Goods Act (No. 733 of 7 Dec 1989) does not apply.

Crateit ApS

 Emil Neckelmanns Vej 15C, 5220 Odense SØ, Denmark

support@crateit.dk • +45 70 60 33 73

CVR 42356786 • www.crateit.toys