Terms and Conditions – Nordic Boba ApS

Last Updated: October 16, 2024

§1 GENERAL

These general terms and conditions of sale and delivery (hereinafter “Terms”) apply to all offers, order confirmations, sales, and deliveries made by Nordic Boba ApS, CVR number 43389491 (hereinafter “NBA”). These Terms, along with offers, data processing agreements, order confirmations, and other written agreements provided by NBA, constitute the complete agreement governing NBA’s sale and delivery of food products and services to the Buyer. Any modifications or additions to this agreement are only valid if agreed upon in writing by NBA and the Buyer.

§2 OFFERS, ORDERS, AND ACCEPTANCE

2.1. Only written offers and agreements/summaries are binding. Offers are valid for 14 days from the date of the offer, unless stated otherwise in the offer.

2.2. A purchase becomes final upon the Buyer’s written acceptance of the offer. After acceptance, the agreement cannot be canceled, altered, or postponed by the Buyer without NBA’s written consent and only upon payment of incurred costs as defined in §10.

2.3. If the Buyer believes that the information in a received order confirmation or the terms in these Terms conflict with the agreed terms, the Buyer must immediately raise a written complaint.

2.4. The Buyer must designate one contact person (an employee of the Buyer) responsible for cooperation. If the contact person is not authorized to approve offers, orders, and deliveries, it is the Buyer’s responsibility to appoint a separate person (an employee of the Buyer) with this authority.

2.5. NBA is not liable if the Buyer’s acceptance is made without proper authorization.

§3 PRICES AND PAYMENT TERMS

3.1. All prices are exclusive of VAT.

3.2. The prices are EXW (Ex Works), indicating that the Buyer is responsible for arranging transport. However, if both the seller and the Buyer agree, transport can be arranged, and the associated costs will be borne by the Buyer, unless otherwise agreed in writing.

3.3. Payment terms require 100% payment upfront before the commencement of goods production, unless otherwise agreed in writing.

§4 CONFIDENTIALITY

4.1. To perform the services, the Buyer must provide NBA access to personal data as necessary. The specific terms for disclosure and handling of personal data are regulated by the data processing agreement.

4.2. All NBA employees are contractually bound to confidentiality, ensuring that non-public information provided in connection with the Buyer’s project is not disclosed to external third parties without written consent from the Buyer.

4.3. This cooperation also obligates the Buyer not to disclose non-public information about NBA to external third parties without written consent from NBA.

§5 DELIVERY TIME AND DELIVERY

5.1. Our standard delivery times are as follows:

• For smaller orders: Within 2 weeks from the confirmation of payment.
• For large orders: Up to 4 weeks from the confirmation of payment.

5.2. Please note that during periods of peak demand and holidays, delivery times may be subject to change. We will communicate any significant changes in delivery times to the Buyer as soon as possible.

5.3. For international orders outside the European Union (EU), additional time may be required for customs clearance and international shipping, which may impact the overall lead time. Any delays incurred during international transport will be communicated to the Buyer as early as possible.

5.4. The delivery date is only valid to the extent that the Buyer meets its agreed deliveries and is available to answer clarifications. If a delay is due to the Buyer’s failure to deliver or be available, NBA will inform about a new delivery date after the Buyer’s delivery has been received or has answered a clarification. It should be noted that the delivery date may be delayed more than twice the delay of the Buyer’s delivery or clarification response.

5.5. After the final delivery of the product, NBA is no longer responsible for the maintenance of the delivered product, unless otherwise agreed. NBA is not liable for rectifying errors or deficiencies as part of the original delivery after final delivery.

5.6. Products may require ongoing maintenance, and their quality may be affected by external factors. The Buyer has 14 days after the product becomes available for use to notify NBA of any errors, deviations, or deficiencies. After that, the product is considered finally delivered.

§6 SUPPORT

Support is provided via email and telephone, and will be answered as promptly as possible within 24 hours outside of weekends and holiday periods.

§7 FORCE MAJEURE

NBA is not liable for full or partial delay or non-fulfillment of the agreement due to force majeure, including but not limited to war, rebellion, strike, lockout, blockade, seizure, fire, theft, unusual natural conditions, pandemic/epidemic, or similar circumstances, unless NBA could have avoided or mitigated the consequences.

§8 LIABILITY

8.1. NBA takes every precaution to ensure that our food production and delivery processes align with the highest industry standards. We employ meticulous practices and adhere to stringent quality control measures to provide safe and reliable products to our Buyers.

8.2. NBA cannot be held responsible for errors or deficiencies that arise due to factors beyond our control, including but not limited to incorrect handling of products after delivery, unforeseen events, changes in supply chain components, or other similar circumstances.

8.3. NBA’s liability is limited to the quality and safety of the products as they leave our production facility. We do not assume liability for any damages or losses incurred by the Buyer after the products have been delivered.

8.4. NBA is not responsible for indirect losses, lost business opportunities, loss of profits, or any other consequential damages that may occur as a result of our products.

8.5. NBA’s responsibility does not extend to damages or losses resulting from factors such as technical errors, disruptions in supply chains, or unforeseen events that are beyond our reasonable control.

8.6. NBA’s total liability to the Buyer is limited to the total nominal value of the contract.

8.7. NBA is not responsible for ensuring that the delivered products comply with specific regulatory requirements or standards, unless otherwise explicitly agreed.

By placing an order with Nordic Boba ApS, the Buyer acknowledges that they have read, understood, and agreed to these Terms and Conditions.

For any questions or concerns regarding these Terms and Conditions, please contact us at [email protected] or +45 81 98 86 22.