1. The agreement

The agreement consists of these terms and conditions of sale, information provided in the online store and any separately agreed terms and conditions. In the event of any contradiction between the information, what has been specifically agreed between the parties takes precedence, provided that it does not conflict with mandatory legislation.
The agreement will also be supplemented by relevant legal provisions regulating the purchase of goods between traders.

2. Parties

The seller is Tomra System A/S, Brogrenen 3 2365 Ishøy Denmark, michael.milo@tomra.com, +45 21 61 54 58, CVR nr. DK75643713 and is hereinafter referred to as the seller/seller.
The buyer is the person who places the order and is hereinafter referred to as the buyer/buyer.

3. Price

The stated price for the goods and services is the total price to be paid by the buyer. This price includes all taxes and additional costs. Additional costs that the Seller has not informed the Buyer of prior to the purchase shall not be borne by the Buyer.

4. Conclusion of the agreement

The agreement is binding for both parties when the buyer has sent its order to the seller.
However, the agreement is not binding if there has been a typing error in the Seller’s offer in the ordering solution in the online store or in the Buyer’s order, and the other party realised or should have realised that there was such an error.

5. Payments

The seller may demand payment for the goods from the time they are dispatched from the seller to the buyer.
If the buyer uses a credit card or debit card for payment, the seller can reserve the purchase price on the card when ordering. The card will be charged the same day the goods are dispatched.
When paying by invoice, the invoice is issued to the buyer upon dispatch of the goods. The payment deadline is stated on the invoice and is a minimum of 14 days from receipt.
TOMRA does not provide payment services through the online store. All payments are processed through the buyer’s bank or payment provider in co-operation with TOMRA’s payment provider.

6. Delivery

Delivery is deemed to have taken place when the buyer has taken possession of the goods purchased.
If the time of delivery is not stated in the order, the seller shall deliver the goods to the buyer without undue delay and no later than 10 days after the order from the customer. The goods shall be delivered to the Buyer unless otherwise specifically agreed between the parties.

7. The risk for the goods

The risk for the goods passes to the buyer when he has received the goods delivered in accordance with section 6.

8. Delay and non-delivery – buyers’ rights and deadline for notifying claims

If the seller does not deliver the goods or delivers them too late in accordance with what is stated in the order, and this is not due to the buyer or circumstances on the buyer’s part, the buyer may demand fulfilment, cancel the purchase and/or claim compensation from the seller.
In the event of a claim for remedies for breach of contract, the notification should be in writing (e.g. e-mail) for evidentiary reasons.

9. Defects in the goods – the buyer’s rights and time limit for complaints

If there is a defect in the goods, the Buyer must notify the Seller as soon as possible after it was discovered or should have been discovered that he or she intends to invoke the defect. Complaints may be made no later than six months after the buyer took possession of the goods.
If the goods have a defect and this is not due to the buyer or circumstances on the buyer’s part, the buyer can choose between rectification and replacement, claim a price reduction, demand cancellation of the order and/or claim compensation from the seller.
Complaints to the seller should be made in writing.

10. The seller’s rights in the event of the buyer’s default

If the Buyer fails to pay or fulfil the other obligations under the agreement or the law, and this is not due to the Seller or circumstances on the Seller’s part, the Seller may, depending on the circumstances, withhold the goods, demand performance of the agreement, demand cancellation of the agreement and claim compensation from the Buyer. The Seller may also, depending on the circumstances, claim interest in the event of late payment, debt collection fees and a reasonable fee for unclaimed goods.

11. Personal data

The data controller for collected personal data is the seller. Unless the buyer consents otherwise, the seller may, in accordance with the Personal Data Act, only collect and store the personal data that is necessary for the seller to fulfil its obligations under the terms of use and the individual orders. The buyer’s personal data will only be disclosed to others if it is necessary for the seller to fulfill the buyer’s order, or in statutory cases.

12. Intellectual property rights

All trademarks, product names, logos and images shown in the online shop or in TOMRA’s marketing materials are intellectual property rights belonging to TOMRA and/or third parties who have granted TOMRA the right to use such intellectual property rights. Buyer may not use, copy, reproduce or distribute these intellectual property rights without TOMRA’s prior express written consent.

13. Unauthorised use

If the Buyer uses the online store in violation of these terms of use, the Buyer undertakes to indemnify the Seller against third-party claims that may arise as a result of the Buyer’s unauthorized use of the online store..

14. Third party links

The online store may contain links to third-party websites, applications, adverts or similar. The buyer accepts that use and clicks on such are at the buyer’s own risk and that TOMRA has no responsibility for the content of such pages.

15. Choice of law and disputes

These terms of use are subject to and shall be interpreted in accordance with Danish law. Any disputes between the Buyer and the Seller shall, as far as possible, be resolved by negotiation and amicably.

16. Changes

TOMRA may at any time and at its sole discretion make changes to the terms of use of the Online Store without prior notice. Any changes will be announced as a news item in the online store.