General Terms of Sale

Introduction

1. Applicability

  1. Dustin A/S’ (”Dustin”) General Terms of Sale – Business are applicable on product and service delivery to customers from the above mentioned date and replace all of Dustin’s earlier published general terms of sale.
  2. Specific terms for product delivery and service delivery are found under each heading below. Further, general terms applicable to all services are found under a specific heading.
  3. These General Terms of Sale shall, where applicable, apply unless otherwise agreed.  
  4. When purchasing as a consumer the General Terms of Sale – Consumer shall apply.  

Specific terms for product delivery

2. Product information 

  1. The products presented on Dustin’s website represent Dustin’s ordinary range of goods. In case of a discrepancy between terms, product information or prices stated on Dustin’s website and in other publications, the information on the website shall prevail.

3. Prices and freight

  1. Current prices on products are available on Dustin’s website which is updated in real time. The prices are in DKK and excluding VAT. Cost for freight will be added. Dustin is entitled to change the prices without prior notification. Prices stipulated on the website are valid, if not otherwise has been agreed upon. 
  2. Dustin’s prices on imported products, that do not constitute standard stock goods, are based on the current exchange rate applicable at the date of invoice. At the receipt of the order, a preliminary sale price is given based on the current exchange rate at the date of order. When invoicing, the price will be adjusted according to the current exchange rate of the date of invoice.
  3. Cost for freight will be added to all deliveries. For delivery of standard stock goods cost for freight will be added as stated in www.dustin.dk. For non standard stock good and orders for export, the total freight cost is calculated when invoicing the order where the weight is noted together with information regarding the extent of the order and if the parcel must be delivered on a pallet.
  4. It is noted that there is a charge for uncollected parcels. In addition to the cost for freight, each delivery will be added a delivery cost of 0.16% of the total order amount to cover for freight insurance.

More information about freight cost and handling cost (in Danish).

4. Terms of payment and security

  1. Payment can be made by credit/debit card, by direct payment through internet banking or by invoice. Invoicing is made after examination of the customer´s credit worthiness. Payment can also be made by financing through Dustin Financial Services or through a partner of Dustin.
  2. Invoice is to be paid so that the invoice amount is accessible on Dustin’s bank account no later than ten (10) days from the date of invoice. If payment is delayed Dustin has the right to charge interest on overdue payment and payment of any cost.
  3. Dustin forbeholder sig ejendomsretten til produkter indtil fuld og endelig betaling er sket.
  4. Dustin charges an invoicing fee per invoice if the customer requests a paper invoice. Inaccuracies in an invoice from Dustin must be claimed at the latest on the due date. If a claim or complaint is not made in time, the inaccuracy cannot be asserted against Dustin.
  5. The products remain Dustin’s property until full payment has been made.
  6. If there is reasonable doubt about the customer’s ability to pay, Dustin has the right to shorten the period of credit, demand advance payment or other security for future delivery.

More information about terms of payment (in Danish).

5. Order and order confirmation

  1. By making a purchase from Dustin the customer accepts these General Terms of Sale. By accepting the terms, the customer undertakes to comply with the terms in full.
  2. When submitting an order, an acknowledgement named “Thank you for your order” is sent by e-mail. This acknowledgement e-mail constitutes the information of the content of the order. In connection with the order being dispatched from Dustin’s storage, the customer receives a confirmation of order by e-mail named “Your order is on its way”. Binding agreement comes into force when sending this e-mail to the customer.

6. Delivery

  1. Delivery is made by carrier or delivery firm engaged by Dustin with the following delivery terms: Ex works. The risk for delivery is passed to the customer when Dustin hands over the product to carrier.
  2. Dustin does not carry any responsibility for delivery being delayed, regardless if the delay depends on delay by the carrier, delay or back order by the product manufacturer or any other circumstance.

More information about delivery (in Danish).

7. Repurchase

  1. On the terms provided herein, Dustin accepts repurchase of a product from the ordinary range of goods during eight (8) days from the date of invoice. In case of a repurchase, the product shall be unused and returned in an unbroken original packing, free from dirt, marking, strokes and damages.
  2. The customer shall pay the freight cost and other cost for returning the product. The freight cost and other costs in connection with the repurchase are debited the customer’s outstanding account at Dustin, or are invoiced separately. 
  3. If there is a wish to repurchase, the customer shall contact Dustin, preferably via My Account/Order History on Dustin’s website and there create a request. Please note that receiving a request number does not mean that Dustin has approved the repurchase. The customer shall return the product to Dustin together with a copy of the order sheet and information about request number. The returned product shall be Dustin at hand no later than fourteen (14) days after the day when the customer received the request number. The freight must be paid and the product must be well packed in an acceptable outer packing.  
  4. Returns not accepted for repurchase are returned to the customer on the customer’s expense. Accepted returns are credited the customer after deducting return costs (if any).

8. Transport damages

  1. Upon receiving the products, the customer shall examine the products that have been delivered. Transport damages shall be reported to the transporter and Dustin, primarily through My Account- Order History. Transport damages shall be reported on the day of delivery but hidden transport damages that have not been discovered or that should not have been discovered upon delivery, shall be reported as soon as possible and under all circumstances, within a week from receipt of delivery. If the customer does not report the transport damage in accordance with the General Terms of Purchase, the Customer forfeits its right make any claim regarding the transport damage.

9. Complaint

  1. Upon receipt of the delivery, the customer must check the delivered products. To have a right to claim that a delivery was defective, the customer shall make a complaint to Dustin immediately after the defect was discovered and in no event later than ten (10) days from the date of invoice, and return the product in the specified manner..
  2. In case of a complaint, the customer shall contact Dustin, preferably via My Account/Order History on Dustin’s website and create a request. Please observe, that receiving a request number does not mean that Dustin has approved the complaint. The request number is valid for fourteen (14) days during which time the product shall be Dustin at hand. When returning the product, the return cost to Dustin must be paid. Furthermore, the order number, the invoice, information about a valid request number and a detailed description of the fault shall accompany the product. If the return costs are not paid or the requested information is missing, the product will be returned to the customer. Returned goods shall be returned well packed in an acceptable packing (for example in brown corrugated paper carton). In case of transport damages due to a faulty packing the product shall be returned to the customer. Dustin reserves the right to make a control of the returned product and also the right to debit a test charge if the product is shown not to be defective and the complaint therefore is not accepted.

More information about complaint (in Danish).

10. Warranty

  1. Warranty on goods is provided by the manufacturer of the product. Dustin provides no further warranties in excess of respective manufacturer’s specified warranty terms.

11. Liability for defects

  1. If there are any defects that Dustin is responsible for, Dustin undertakes to, at its sole discretion, remedy the defect by repair, redeliver or repay the purchase price. Dustin has the right to refer the customer directly to respective manufacturer or to service workshop referred to by the manufacturer in order to remedy the defect. Additional rights for the customer may be given by the respective manufacturer´s own warranties directed to the final customer.  Such additional rights do not apply for Dustin.
  2. Dustin’s responsibility when a product is defective is limited to what is stated above and the customer cannot make further claims against Dustin due to defects. Dustin is not, under any circumstances, liable for indirect damages or consequential damages, such as production loss or missing profit, or other damages due to impossibility or difficulty to use computers or information, or for loss of data. Dustin’s accumulated liability is in any event limited to the total invoice amount for the defective product.

12. Technical support

  1. For technical support and user support, Dustin has the right to refer the customer to the respective product manufacturer and also, if applicable, to third party’s payment support. Phone number to the respective manufacturer/supplier is shown on Dustin’s website under Customer Service/Contact/Who do I contact. Please observe, that support may be in English for some manufacturers and that in some cases support is only provided via e-mail or websites.

13. Special terms for software

  1. All software that is accessible from Dustin’s website is copyright-protected work from the respective manufacturer. 
  2. Upon purchase of use rights and/or licenses to software, respective manufacturer’s or licenser’s terms apply. The terms can be enclosed or be a part of the software. 
  3. Dustin’s liability is limited to the liability of the manufacturer or the licensor in relation to the customer in accordance with applicable terms. The limitation includes, but is not limited to, warranty concerning applicability or intellectual property rights.

14. Special terms for cloud services

  1. When purchasing cloud services, Dustin refers the customer to the respective cloud service owner’s online subscription agreements or respective cloud service owner’s terms for a specific ordered product or service.

Specific terms for service delivery

15. Scope and implementation

  1. Dustin shall, when performing the agreed service (the ”Service”), observe good professional standards and practices and only use qualified personnel.
  2. Dustin shall be entitled to use sub-contractors for the performance of the Service. If a sub-contractor is engaged, Dustin is responsible for the work performed by Dustin and the work performed by the sub-contractor.
  3. The customer shall provide Dustin access to the necessary information in order for Dustin to be able to perform and deliver the Service as agreed. If the Service shall be performed at the customer´s premises, Dustin shall be given access to such premises to the extent necessary for the performance of the Service.

16. Remuneration etc.

  1. Dustin is entitled to charge the customer in accordance with Dustin’s at each time applicable price list. Dustin shall have the right to adjust the agreed prices once per calendar year in accordance with changes in the Danish Work Cost Index (LCI – Lønomkostningsindekset).
  2. Dustin’s fees are stated excluding VAT and do not include any other taxes or charges assignable to the Service.
  3. Dustin is entitled to reimbursement for expenses in accordance with what has been agreed upon between the Parties.
  4. Dustin will perform the Service during regular working hours in accordance with the at each time applicable price list. Dustin is entitled to reimbursement for work that has been performed outside of regular working hours according to Dustin’s at each time applicable price list.

17. Terms of payment and security

  1. Payment shall be made by invoice after a special credit review. Payment may also be made by financing through Dustin Financial Services or through a partner of Dustin.
  2. Invoice shall be paid so that the invoice amount is accessible on Dustin’s bank account no later than ten (10) days from the date of invoice. If payment is delayed, Dustin has the right to charge interest on overdue payment and payment of any cost. 
  3. Dustin charges an invoicing fee per invoice if the customer requests a paper invoice. Inaccuracies in an invoice from Dustin must be claimed at latest on the due date. If a claim or complaint is not made in time, the inaccuracy cannot be asserted against Dustin.
  4. If there is reasonable doubt regarding the customer’s ability to pay, Dustin has the right to shorten the period of credit, demand advance payment or demand other security for the performance of the Service.

18. Order and order confirmation

  1. By ordering the Service from Dustin the customer accepts these General Terms of Sale. By accepting the terms, the customer undertakes to comply with the terms in full.
  2. Binding agreement comes into force when confirming the order to the customer. 

19. Liability

  1. In case there is a defect or imperfection in the Service performed, which Dustin is responsible for and which has been claimed by the customer as prescribed in these General Terms of Sale, Dustin shall at its own discretion decide whether to correct the defect by repair or redelivery. If Dustin chooses not to correct the defect, the customer shall instead be entitled to a reasonable deduction on the fee for the work performed / the Service delivered.
  2. Dustin shall not be liable for defects caused by hardware, software or other equipment that has not been provided by Dustin. If the Service consists of advice, Dustin´s liability is limited to such advice based on the information provided by the customer. Dustin has no liability for decisions taken by the customer based on the advice provided by Dustin.
  3. Dustin’s liability for damages is limited to an amount equal to the total fee for the specific Service as invoiced by Dustin during the last six (6) months before the time of the damage.
  4. Dustin is under no circumstances liable for any indirect damages or consequential damages, such as production loss or loss of profit, or other damages, or loss of or reconstruction of data.
  5. The limitation of liability stated in this Section does not apply to personal injury or if Dustin has acted with intent or gross negligence.
  6. The customer shall inform Dustin in writing about all changes in the customer´s IT-environment which the customer does by himself or by assistance, if such change could affect the Service or the functions provided by Dustin. Dustin is not liable for defects caused by such changes which Dustin has not been informed of in writing.     

20. Complaint

  1. The customer loses its right to make a claim for compensation if the complaint has not been made in writing to Dustin without undue delay and at the latest within three (3) months after Dustin has performed the specific Service.

21. Intellectual property rights

  1. The customer obtains ownership to all intellectual property rights that are specifically created for the benefit of the customer during the performance of the Service.
  2. The customer does not obtain ownership to any intellectual property rights related to the Service that belong to Dustin or a third party.
  3. The customer is not entitled to alter or change any of the intellectual property rights belonging to Dustin or a third party. For such intellectual property rights, the from time to time applicable terms provided by the holder of the right shall apply.
  4. Dustin is obliged to notify the customer if any additional license or right of use is needed in order to use the Service in addition to what is stated in the agreement.

22. Infringement of intellectual property rights

  1. If the customer provides intellectual property rights under the agreement, the customer warrants that the customer has all rights and approvals needed in order to perform the Service in accordance with the agreement.
  2. Dustin warrants that the Service and the intellectual property rights that are provided by Dustin under the agreement, to the best of Dustin’s knowledge, do not infringe any third party rights.
  3. The customer is obliged to immediately notify Dustin in writing about any claims made by a third party regarding infringement of intellectual property rights due to the customer’s use of the Service.
  4. If a third party makes a claim of infringement, for which Dustin is responsible, Dustin shall have the right to assume the defense at its own expense and act in the proceedings on behalf of the customer. Dustin shall further, at its own expense, either ensure that the customer is able to use the Service continuously during the proceedings or replace the disputed part of the Service with a similar acceptable service or product. The customer is not entitled to make any admission of liability and may not agree to settle or compromise with any third party regarding the infringement in question without obtaining the prior written consent of Dustin, such consent not to be unreasonably withheld or delayed. 
  5. Dustin undertakes to reimburse the customer for compensation and/or damages that the customer is liable to pay due to a settlement or judgement regarding an infringement of intellectual property right, for which Dustin is responsible, that has arisen due to the customer´s use of the Service. In addition thereto, the customer is not entitled to any other compensation for losses arising as a result of infringement of intellectual property rights associated with the Service and which Dustin is responsible for.

23. Term and termination

  1. The agreement is effective from the day it is signed by the Parties. If not otherwise agreed, the agreement is valid until further notice with a mutual notice period of three (3) months. Notice of termination shall be made in writing. 
  2. Notwithstanding the above, either Party may in writing terminate the agreement with immediate effect if the other Party:
    1. commits a material breach of the agreement and the breach, if possible to remedy, is not remedied within thirty (30) days after receipt of a written notice thereof, or
    2. is declared bankrupt, goes into liquidation, initiates negotiations on composition or company reconstruction, suspends payments or may otherwise be assumed to be insolvent.
  3. The customer´s right to use the results of the Service after termination according to this Section 23 is conditional upon the customer´s fulfillment of its obligation to pay.

General terms

24. Links to third party websites

  1. Links on Dustin’s website enables visitors to leave Dustin’s website. The linked websites are not controlled by Dustin and Dustin carries no responsibility what so ever for the content on such websites or the content in the links on such websites. Dustin provides these links only to facilitate the finding of the websites and the providing of a link does not mean an approval from Dustin of the website in question.

25. Dustin’s website and intellectual property rights

  1. The content on Dustin’s website is owned by Dustin or its licenser. The information is protected by marketing law and laws regarding protection of intellectual property rights, which mean that trademark, firm name, product name, pictures and graphic, design, layout etc. are not to be copied or in any other way used without Dustin´s prior written consent. Printouts or other copying of material is allowed for own, private, non-commercial use. It is forbidden to copy, save or in any other way reproduce, process, change, transmit, transfer, in other ways utilize or exploit material or parts thereof without Dustin´s prior written consent.

26. Customer account

  1. Login information (username and password) to customer accounts on Dustin’s website shall be handled so that the information does not come to unauthorized persons´ knowledge. 
  2. By giving its login information to somebody else, the customer thereby confirms that such person has the right to place orders in the customer’s name and that the customer is liable for payment for such orders in relation to Dustin. 
  3. For customer accounts that belong to juridical persons, all of the individuals that have access to the login information are seen to be competent to place orders on behalf of the customer. If a customer suspects that someone has unauthorized access to the customer´s login information, the customer shall immediately notify Dustin thereupon and change its password. 

27. Personal data 

When Dustin is the personal data controller.

  1. When Dustin is processing personal data on behalf of the customer the following shall apply
  2. When a customer orders products and services, Dustin will process personal data about the customer’s contact persons (“business representatives”) for the purposes and on the terms set out in Dustin's privacy policy (in Danish).
  3. By creating a business account at Dustin, the customer confirms that the customer has informed the business representatives about Dustin’s process of their personal data and that the customer has obtained their consent to the process.

When Dustin is acting personal data assistant for the customer.

  1. The customer, in its capacity as personal data controller, is responsible for, that the processing of personal data is made in accordance with the Danish legislation hereon.  Dustin is only allowed to process personal data pursuant to the customer´s written instructions and not for any other purposes.
  2. Dustin shall undertake all the necessary technical and organizational measures in order to protect personal data that is being processed for the customer. Remote diagnostics or similar procedures may be carried out by Dustin only if the customer has given its prior written consent. Dustin shall without undue delay inform the customer when discovering fulfilled or attempted cases of unauthorized access, destruction or alteration of the customer’s personal data.  
  3. If personal data is to be processed via the customer’s own equipment, the customer undertakes to ensure that necessary technical and organizational requirements needed to protect the personal data are at place and active.
  4. Dustin may engage a sub-contractor for the fulfillment of Dustin’s commitments on the processing of personal data under the agreement. Dustin is responsible for the process of personal data of such sub-contractor and its consistence with the customer’s instructions and that the sub-contractor is bound by the same terms as Dustin.
  5. On the customer´s written request Dustin shall notify which sub-contractor processes the customer’s personal data and the country in which the processing takes place. The customer has the right to withdraw from the contract if the customer opposes a certain sub-contractor.
  6. Dustin is entitled to process personal data in a country outside of the EU/EES as long as it is consistent with Danish law. If a sub-contractor will process personal data in a country outside of the EU/EES, Dustin shall ensure that the sub-contractor signs the EU standard contractual clause for transmission of personal data to processors in third countries (if there is no other legal basis for the transmission). Dustin shall have the right to sign such agreement on behalf of the customer.
  7. Once a year, or at the latest within three (3) month from the time the assignment was completed, the customer has the right to demand information of the log history and other information necessary to ensure that Dustin meets the customer’s requirements on the process of personal data and that Dustin takes appropriate security measures. Such examination shall be made at the customers own expense and if Dustin so requests, by an independent third party. Dustin shall allow the examination that an authority by law may require in the examination of process of personal data. Dustin’s expenses associated with such examination may be charged to the customer
  8. Dustin shall not process personal data on behalf of the customer any longer than what is necessary to fulfill its commitments to the customer. Dustin shall within three (3) months from the date when the commitment ceased, ensure that the customer´s personal data is deleted. If Dustin stores personal data on behalf of the customer, Dustin may not delete the personal data before the customer has been notified that the deletion will take place.     

28. Governing law and disputes

  1. These General Terms of Sale shall be governed by the substantive law of Denmark. Any dispute, controversy or claim arising out of or in connection with these General Terms of Sale, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Danish Institute of Arbitration (”Danish Arbitration”). The seat of arbitration shall be Stockholm. 
  2. The rules for simplified and expedited arbitrations shall apply, unless the Danish Arbitration in its discretion determines, taking into account the complexity of the case, the amount in dispute and other circumstances, that the normal arbitration rules shall apply. In the latter case, the Danish Arbitration shall also decide whether the arbitral tribunal shall be composed of one or three arbitrators. 
  3. Notwithstanding the above, Dustin shall at all times be entitled to apply for an injunction to pay or commence proceedings for the payment of any amount due to Dustin in court with the Court of Copenhagen as first instance.

29. Disclaimer of liability

  1. Dustin shall not be liable for the omission or delay in fulfilling Dustin’s obligations under the agreement to the extent performance is made impossible or is materially hindered or is subject to a material cost increase due to circumstances beyond Dustin’s reasonable control, including but not limited to, war-like events, riots or revolts, disruptions in public connections, import or export regulations, changes in law and regulations or in the interpretation thereof, acts of authorities, strike, lockout, blockade or other labour disputes, fire, explosions or other accidents, epidemics, pandemics, any natural phenomenon or defects and delay in the delivery by sub-contractor due to the above mentioned circumstances.

    For the avoidance of doubt, the disclaimer includes covid-19 pandemic or another epidemic or pandemic or any of their subsequent consequences affecting Dustin’s suppliers’ or sub-contractors’ ability to supply or to supply at the agreed price or time.

30. Other 

  1. Dustin reserves the right to amend all information, including but not limited to prices, technical specifications and product offers, without prior notification to the customer.
  2. Information and prices are provided with reservation for both printed and electronical misprints and typing-errors, incorrectness in stated technical specifications, supplier’s price rise and for clearance sale. 
  3. The information that is available on Dustin’s website does not constitute an undertaking of applicability, suitability or warranty other than when directly stated. Current offers apply while stocks last, if not otherwise stated.
  4. The customer certifies by accepting these General Terms of Sale that products only will be used in a professional context, such as for example in its own business, training activities or in public businesses.
  5. The customer is not entitled to transfer the agreement or any rights or obligations under the agreement without the prior written consent of Dustin.
  6. Dustin reserves the right to at any time amend these General Terms of Sale.