General Terms and Conditions of Sale and Delivery (Consumer)
1 Scope and purpose
These general terms and conditions of sale and delivery applies to NorthQ ApS’s (“NorthQ”) sale of goods from NorthQ’s website (“the Website”) to a consumer (”the Customer”). NorthQ can refuse to deliver, if the Customer does not accept these general terms and conditions.
Employees of NorthQ are not authorized to make any oral agreements, which extend or deviate from these general terms and conditions.
2 Contact and company information
The Company’s corporate name, address and other contact information are:
Lindgreens Allé 9, 1.th
2300 København S
Company registration no.: 31048850
Tlf.: +45 70271818
NorthQ’s customer service:
Tlf: +45 70271827
3 Technical information and guidance etc.
Product information, illustrations, specifications and technical data in brochures, data magazines, presentations on the Website and other places, are only instructive information, and NorthQ reserves the right to deliver the product of the day. NorthQ is not responsible for any error of information about the products drafted by other than NorthQ.
Information by NorthQ is only binding when individual written warranty has been offered as part of the agreement cf. clause 4. The Customer is responsible for choosing a product which is compatible with the Customers specific needs.
NorthQ or its suppliers reserve the right to make changes in special agreed specifications, if so can be done without disadvantages for the Customer.
4 Ordering through the Website
To order products through the Website, the Customer must create a customer account and feed in data as required by NorthQ. Product ordering can be done through the Website at the “NorthQ Store”. To buy a product, the Customer must choose the product and complete the order by choosing “Check out” in the “Shopping cart”. To complete the order, the Customer must accept the general terms and conditions. Before an order is completed, the Customer must approve the registered data to eliminate any typos. Buyer-, delivery and credit card information must hereafter be fed in a new and safe window on the Website.
When the Customer has made his order, an email with a receipt will automatically be sent to the Customer. This receipt is also the order confirmation and contains the necessary information about the order. The order confirmation will be sent to the email address supplied by the Customer.
The order confirmation contains order number, name and address of the Customer, delivery address, expected time of delivery and summarization of the ordered products. The Customer is encouraged to print the general terms and conditions, and order confirmation. If the Customer wishes to receive a new copy of the order confirmation, this can be done by contacting customer service cf. clause 2, as a copy of the order confirmation is always stored here.
The Customer will be invoiced, when the products have been sent by NorthQ.
All agreements between NorthQ and the Customer are made in Danish or English.
All prices are in DKK inclusive VAT and exclusive shipment and other fees. The overall price, including shipment and payment fees etc. is calculated and displayed in connection with the product, if so is possible. The overall price is also calculated and displayed in connection with, and before completion of an order.
If a Customer buys more products, the shipment costs cannot be calculated until completion of the order.
If the price cannot be calculated before completion of an order, NorthQ will specify the calculation method.
Shipment costs are not charged per product, but for the entire order. Therefore the shipment costs cannot be specified until, but will always be specified before, completion of the order.
Payment must happen online by using Dankort, Visa/Dankort, Maestro, MasterCard, Visa, VISA Electron or PayPal. The credit card terms are specified and accepted separately.
When using credit card, card information must be specified before completion of an order. Withdrawal of payment will not happen until the products have been shipped to the Customer.
For orders, where the product is made according to the Customers specifications or where the product in other ways has a significant personal touch, withdrawal will be done after receiving an order, thus before shipment to the Customer.
NorthQ’s payment system is approved by NETS. All data communication in connection with the order, such as customer data, order data and payment data, happens through an encrypted SSL connection which ensures that no unauthorized person can see the communicated data.
When the SSL encryption is activated, a padlock is often visible in most browsers, and the internet address begins with https://.
NorthQ does not register or store card– or bank account information.
NorthQ delivers any order as soon as possible, and no later than 30 days after receiving an order.
The products are shipped with Leman.
For products in backorder the expected time of delivery will be informed to the Customer’s email address. Time of delivery can be more than 30 days. If delivery cannot be done within 30 days, the Customer can cancel the order.
Delivery is made to the address specified by the Customer as the delivering address.
8 Right to refusal
Any Customer has 14 days right to refusal for any product bought online or bought without a physical meeting between NorthQ and the Customer. The right to refusal does not apply if a product is made by special specifications from the Customer or otherwise has a significant personal touch. If the right to refusal does not apply to a product, this will be specified in connection with the product.
The right to refusal runs from the day when the Customer receives the product. Is the product delivered over time, the right to refusal runs from the day when the Customer received the last part of the delivery.
If the last day for exercising the right to refusal is a public holiday, Saturday, Constitution Day, December 24 or December 31, the right to refusal will expire the following day.
Exercising the right to refusal must be done with an explicit announcement to NorthQ.
Dismissal of the product by delivery is not accepted as exercising the right to refusal, unless explicit announcement is given to NorthQ simultaneously.
Immediately after receiving the announcement about exercising the right to refusal, the Customer will receive a confirmation by email, at the address given to NorthQ during the order.
9 Return and refund
When exercising of the right to refusal has been announced to NorthQ, the products must be returned as quickly as possible, and always within 14 days.
The products must be returned to:
Lindgreens Allé 9, 1.th
2300 København S
The Customer is responsible for the products during the return and until NorthQ has received the products. NorthQ recommends that products are wrapped safely and securely before return, and the shipping receipt is stored.
The Customer must defray all expenses for return of the products. Insufficiently stamped or COD products will not be accepted.
Some products can because of their nature, not be returned by normal post. In these cases, this will be specified in connection with the product on the NorthQ Store.
No later than 14 days after receiving announcement of refusal, all payments are refunded, including product price, fees and potential shipment costs corresponding with the cheapest standard shipment method offered by NorthQ.
Unless the Customer explicit has requested differently, refund will be made with the same means to payment, as used by the Customer to complete the order.
Regardless of the above, NorthQ can withhold the refund until NorthQ has received the product or documentation for the product’s return.
By default the product must appear as new by return, and able to resell to another customer. The Customer is only liable for potential deterioration to the product caused by any other handling of the product than what was necessary to determine the products nature, capacity and functionality.
If the Customer uses the product before return or the product is damaged during the return shipment, the Customer is liable for the price reduction.
NorthQ warrants the conformity of the products for a period of two years after the delivery of the products. To the extent it is possible, NorthQ passes on potential supplier warranties to the Customer, but undertakes no personal responsibility for these warranties. Thus the Customer can make no warranties applicable towards NorthQ.
11 Product liability
NorthQ is solely liable for products in accordance with the mandatory rules of the product liability act (in Danish: Produktansvarsloven). NorthQ is in no other way responsible for product damages. If the Customer becomes aware of any damages, or a potential risk, as a result of any of NorthQ’s products, the Customer must immediately inform NorthQ. To the extent NorthQ shall be deemed liable to any third party, the Customer shall indemnify NorthQ. In this case the parties are obligated to accept third party’s jurisdiction.
12 Lack of conformity, right to complain and complain processing
The Danish Sale of Goods Act is applicable.
In accordance with the Danish Sale of Goods Act, the Customer, as a consumer, has 24 months right of complaint. For products with a limited service life, the right to complain is reduced to the product’s expected lifespan.
The right to complain includes only original lack of conformity – i.e. lack of conformity present at the time of delivery, whether visible or not at that time. Damages to the products which occur after delivery and general wear by negligent or harmful use, are not considered lack of conformity.
The right to complain runs in any case, from the time of delivery.
Exercising the right to complain must be announced to NorthQ within reasonable time after discovering the lack of conformity.
Complain can be addressed to NorthQ at:
Lindgreens Allé 9, 1.th
2300 København S
or by email or phone at:
When lack of conformity, the Customer can in accordance with the Danish Sale of Goods Act section 78 choose between 1) remedy, 2) delivery of substitute goods, 3) proportionate reduction of price, or 4) declare the contract avoided, if the lack of conformity is not immaterial. Remedy or delivery of substitute goods can be refused if this is impossible or will inflict substantial costs on NorthQ.
If NorthQ offers to remedy a lack of conformity or deliver substitute goods, the Customer cannot demand proportionate reduction of price or avoidance of contract.
NorthQ pays any (reasonable) return expenses and resends the products free of charge.
13 Complain processing
Complains about a product or service purchased at NorthQ can be filed at:
Center for Klageløsning i Konkurrence- og Forbrugerstyrelsen
Carl Jacobsens Vej 35, 2500 Valby.
A complaint can also be filed at Center for Klageløsning via www.forbrug.dk.
When filing a complaint, our email address must be informed.
The European Commission’s online dispute resolution is also available for complaints. This is especially relevant if the Customer is a consumer living in another European country.
File your complaint here: http://ec.europa.eu/odr
When filling a complaint, our email address must be informed.
14 Limitation of liability
NorthQ is not liable for a) late performance, b) annulment of order, c) infringement of third party rights.
No matter on which ground a claim is raised, and no matter the degree of negligence, NorthQ is not liable for indirect loss or collateral damages i.e. loss of performance, loss of profit, loss of data or cost to re-establishment of so, loss of goodwill, misrepresentation of messages, loss of expected cost reduction etc. NorthQ’s liability for any loss or damage is limited to the amount paid by the Customer for the product, from which the claim originates. No matter the size of payment and the degree of negligence, NorthQ’s total liability for damages is maximum DKK 100.000.
15 Force majeure
After completion of the contract, NorthQ is not liable, if circumstances occur that obstruct or delays NorthQ’s performance of the contract. These circumstances could be: war, mobilization, rebellion and riots, terror, natural disaster, strike, lockouts, virus, hacking, public injunction, or other circumstances of which NorthQ has no control.
16 Personal data
17 Assignment of rights and obligations
NorthQ is entitled to assign all rights and obligations according to these terms and conditions to a third party.
If any part of these terms and conditions should be considered unlawful or invalid, the remaining part of these terms and conditions will not be affected and still be considered valid and forceful.