TERMS AND CONDITIONS
- GENERAL INFORMATION
This website (the "Website") is provided by [DAY Birger Mikkelsen A/S, Jens Kofods Street 1, 3, 1268 Copenhagen K, reg.no 40848517, +45 33 45 88 00, OnlineCustomerCare@Day.dk]. If you experience problems with your order on the Website or the general use of the Website, please contact our Customer Service:
- Email: OnlineCustomerCare@day.dk
- Telephone: +45 3389 8800
- HQ Address: Jens Kofods Street 1, 3. 1268 Copenhagen K
If you do not understand parts of the Terms and Conditions, we recommend that you contact Customer Service before you start shopping on the Website.
- IMPORTANT NOTICE
READ THE TERMS AND CONDITIONS CAREFULLY BEFORE YOUR ORDER GOODS FROM DAY.DK
These terms and conditions (the "Terms and Conditions") apply when you order or buy goods on the Website. The Terms and Conditions may be updated from time to time (for example to reflect changes in technology, our business model, our system capacity or in relevant laws and regulations), and we therefore ask you to accept the Terms and Conditions every time you shop with us. Any reference to "you" or "your" means you as a user of the Website, any reference to "we", "us" or "our" means DAY.dk.
If you do not accept these Terms and Conditions, you cannot order or purchase goods on the Website.
You have the right to withdraw from this contract without giving any reason within 14 days after the date on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods.Read more under "Right of withdrawal".
The rules on lack of conformity in the Danish Sale of Goods Act apply to your purchase, which means that you have certain statutory warranties for the goods' conformity with the contract. Read more under "Non-conforming goods and incorrect goods".
The online shop is open 24 hours a day, but may be closed due to maintenance services. To the extent possible, we try to perform such maintenance services during the night.
An order placed on a public holiday or during the weekend will be processed on the following business day.
You must be at least 18 years old to purchase goods on the Website and possess a valid payment card that is accepted by us. If you are under the age of 18, you must have a legal basis for entering into a contract with us.
We can only process your order if the delivery address is a residential address or a business address in the European Union or United Kingdom. We do not deliver to PO boxes.
Among other things, we reserve the right to cancel the contract of purchase in one of the following situations, without being liable for compensation or other costs:
- Your payment details are incorrect or cannot be verified
- Your order is placed with the purpose of committing fraud etc. or placed in connection with a criminal offense or other unlawful activities
- There is an inadvertent error on the Website, such as a payment error or the like
- We have reasons to believe that you are under the age of 18
Contracts can only be concluded by email to our Customer Service. We do not process orders made by phone, letters or faxes.
At what point in the ordering process are you bound by your order?
Before submitting the order you have the option of changing the information that you have provided, including delivery and billing information or payment information. Furthermore, you have the option of making changes to your order or to remove goods from your shopping basket.
When you click "Order and pay" and the receipt appears on your screen, you are bound by the contract of purchase. Please read more under "Right of withdrawal".
Please contact our Customer Service if you made a mistake while placing your order - they are ready to help you.
You will receive an email confirming your order.
After the conclusion of the contract, the provisions on withdrawal apply, see below.
Language of the Contract
This Contract may only be concluded in English.
Access to the Contract
You will receive a confirmation of the content of the contract and a copy of these Terms and Conditions by email. We store concluded contracts, including the order confirmation, for a certain amount of time, and we recommend that you save these documents as well; they may not necessarily be available on the Website subsequently. Please read more under "Order tracking and view history".
Measures against fraud
In order to protect you and our other customers against fraud and maintain a high level of security for online purchases, we may carry out verification checks. The verification check may comprise the data that you send when ordering, including your address and payment information.
- MEANS OF PAYMENT
We accept the following means of payment:
- Visa Dankort
- Mobile Pay
CVV (Credit Card Verification Number)
If you pay by credit card, you will be asked to enter the card's security code. You will find the three-digit security code on the back of your credit card, usually on the right side of the credit card's back. The security code is necessary for the payment to be processed and for maintaining a high level of security. There may also be other similar safeguards.
Once your goods leave our warehouse to be delivered, your payment will be debited on the selected payment service.
PRICES AND DELIVERY
All the listed prices for goods, delivery costs and other costs include taxes and value-added taxes.
Costs relating to delivery, freight or postage may vary and are added to each order.
Please visit our Shipping & Returns page for shipping rates and delivery information.
The prices on the Website are shown in the currency applicable to your country. Please use the function "country selector" at the top of the Website if you want to change your country selection. Your delivery address determines the applicable currency.
Please note that a change of country of delivery may influence the price and delivery costs.
You can pay in the following currencies: DKK, EUR, SEK
We deliver to the following countries: European Union, United Kingdom, Norway.
Goods will be delivered to the delivery address specified in the order. We only deliver to residential and business addresses - not to PO boxes.
Your goods will be delivered Monday to Friday. The time of delivery depends on the country in which the delivery takes place and the carrier used.
The goods must be signed for upon receipt. It does not necessarily need to be signed by you. People at the delivery address (e.g. a family member, friend, receptionist, etc.) may sign for the receipt with binding effect on you.
Our carrier will make at least two delivery attempts. At each delivery attempt, the carrier will leave a receipt which informs you about the details of the next delivery attempt and the possibility of a self-pickup. The carrier will usually keep the goods for up to 14 days before returning them to us as undelivered. Please note that our carrier can also deliver the goods to your neighbor, if you have given your consent to this and if the circumstances allow it.
Please note that the risk of loss of or damage to the goods passes to you after delivery. If the package appears to be damaged you should refuse to receive the goods. If you wish to complain about any lack of conformity, you are required to give notice to us. Please read more under "Non-conforming goods and incorrect goods".
If your order consists of multiple goods, we reserve the right to make separate deliveries. Separate deliveries may be necessary if certain goods are delayed or out of stock at the time of order. You will be informed if your order is subject to separate deliveries. You will not be charged with additional delivery costs for separate deliveries.
- Right of withdrawal (only applicable to consumers)
You have the right to withdraw from this contract without giving any reason within 14 days.
The withdrawal period will expire 14 days after the date on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods.
In case of a contract relating to multiple goods ordered in one order and delivered separately (i.e. separate deliveries), the withdrawal period shall expire 14 days after the date on which you acquire or a third party other than the carrier and indicated by you acquires physical possession of the last good.
In case of a contract relating to delivery of a good consisting of multiple lots or pieces, the withdrawal period shall expire 14 days after the date on which you acquire or a third party other than the carrier and indicated by you acquires physical possession of the last lot or piece.
To exercise the right of withdrawal, you must inform us (see contact information below), about your decision to withdraw from the contract by an unequivocal statement (e.g. letter sent by post, fax or email). You can use the standard withdrawal form below, but it is not mandatory.
The withdrawal deadline is met if you send your notice of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payments as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately 100 DKK.
You must send back the goods without undue delay and in any event no later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
We recommend that you save the post office receipt as proof of your delivery of the package to the post office/carrier.
You are only liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish the nature, characteristics and functioning of the goods.
- NON-CONFORMING GOODS AND INCORRECT GOODS
If your goods are non-conforming or we have delivered the incorrect goods, please contact our Customer Service. If you notice the non-conformity or incorrect goods at the time of delivery, you should refuse to receive the goods.
In case of non-conforming goods or incorrect goods, you can choose between the following options:
- Return the goods and receive a refund of the purchase price and all delivery costs when our Customer Service has processed the returned goods,
- Return the goods and receive similar goods when our Customer Service has processed the returned goods, provided we can supply an equivalent, or
- Keep the goods and request a proportionate reduction of the purchase price
When contacting Customer Service, you will be asked to provide the order number, possibly the goods/item number, and to describe what is wrong with the goods etc.
You are not responsible for costs associated with the return of non-conforming goods or incorrect goods. We will refund the purchase price and of course the delivery costs once we have received the goods, unless you choose to receive new goods to replace the original goods.
- OTHER MATTERS
Updating the website
We do our best to update the Website and to ensure that prices, offers, descriptions and other information concerning the goods are correct. Typographical errors and errors in prices, offers, descriptions and other information concerning the goods may occur, and sometimes we discover that the prices on goods are incorrect.
We are not responsible for delays or failure to meet our obligations in relation to the Terms, if the delay or the non-compliance is due to events beyond our control.
The completeness of the contract
These Terms and Conditions constitute the complete terms of the contract between us.
If one or more of the provisions in the Terms and Conditions are declared fully or partially invalid, the remaining provisions still apply.
We are entitled to assign our rights and obligations under the contract with you to third parties. The standard of the service you receive will not be impaired by the assignment. We will notify you of such possible assignment. By accepting these conditions, you consent to any such future assignment. At the same time, you agree that from the time when we have given you notification of the assignment, your rights may be claimed only against the third party in question.
Right to complain
In case you wish to complain about goods purchased from us, please contact our Customer Service. You can contact our Customer Service by telephone or email. You can find our contact information under "General information" above.
You may also submit a complaint about goods purchased from us to the Danish Dispute Resolution Institute, Nævnenes Hus, Toldboden 2, 8800 Viborg, Denmark. You can submit a claim online through Klageportalen for Nævnenes Hus.
You may also use the European Commission online complaints register when submitting your complaint. This is particularly relevant if you are a consumer residing in another EU country. You may submit the complaint by using the following link: http://ec-europa.eu/odr. When submitting the complaint, you must state our email address OnlineCustomerCare@day.dk.
Choice of law and jurisdiction
Any contracts concluded between us using these Terms and Conditions are governed by Danish law. Any dispute which may arise in connection with our contract, including its existence or validity, must be brought before a competent court in Denmark. As a consumer you may bring proceedings against us in the courts for the place where you are domiciled.
- 0 -
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
- To [here the trader's name, geographical address and, where available, his fax number and e-mail address are to be inserted by the trader]:
- I/We ___________ hereby give notice that I/We ___________ withdraw from my/our ___________ contract of sale of the following goods ___________
- Ordered on: ___________/received on: ___________
- Name of consumer(s): ___________
- Address of consumer(s): ___________
- Signature of consumer(s) ___________ (only if this form is notified on paper)
- Date ___________