General Terms Warehouse Shipping of DXRacer Distribution Europe

Version: 2016-02-26

DXRacer Distribution Europe (hereinafter: “DXR”) believes that B2B-terms shall always be clear, easy to read and understandable by both parties. For this reason DXR’s General Terms Warehouse Shipping (hereinafter: “GTWS”) should be read and understood to its full extent by all Purchasers. If you believe that a certain part of the GTWS is hard to interpret or unclear, please contact DXR’s sales department and they will do their best to help you with your questions.

§ 1 General
The GTWS shall apply to all applicable business relationships between DXR and their clients (hereinafter: “Purchaser“).

DXR’s GTWS shall apply exclusively. Different, contrary or amending terms and conditions of the Purchaser shall only be part of the contract and only to the extent to which DXR have expressly consented to their application.

Individual agreements made with the Purchaser (including side agreements, amendments and changes) in a particular case shall take precedence over these GTWS in any case. The content of such an agreement is subject to a written agreement or DXR’s written confirmation.

Declarations of legal relevance that are to be issued after the contract’s conclusion (e.g. setting of deadlines, notice of defects, withdrawal or reduction), must be in the written form or electronic mail in order to be valid.

DXR’s right to amend the GTWS shall remain unaffected. The amended GTWS shall only apply for orders made after DXR have provided the Purchaser with the amended GTWS.

§ 2 Order & Payment
The Purchaser’s order of goods is considered to be a binding offer to conclude a contract. If the order does not specify otherwise, DXR are entitled to accept this offer of contract within 30 days upon its receipt. Acceptance must be made in text form (e.g. in the written form, by email or fax).

Minimum order quantity is specified on relevant online platform. The goods will be shipped from DXR’s warehouse in Europe and delivered to the Purchaser’s warehouse.

Please note that because of product development and continuous improvements, product pictures may sometimes be different from delivered products. DXR takes no responsibility for any variation in delivered product compared to picture of product, which is caused by product development.

If any of the ordered products for some reason is not possible to deliver (e.g. if a model is discontinued), DXR will as soon as possible inform the Purchaser. The Purchaser will then be given the choice to change model in the order, or to fully withdraw the order.

100 percent of the total order value must be paid by the Purchaser before DXR dispatches the order. A 2 percent interest fee will be charged per month on late payments.

All prices are set and paid in EUR and does not include VAT and Customs Tax. Note that office chairs from DXRacer are subject under the TARIC code 94013000 which is not charged with EU Customs Tax. However, it should be noted that for Purchaser’s outside the EU it is always the Purchaser’s own responsibility to have knowledge of National Customs Tax. Any possible Customs Tax shall be borne by the Purchaser. For Purchaser’s within the EU there is never any Customs Tax when ordering from DXR’s European warehouse.

Any additional freight costs due to that the Purchaser fails to accept the goods when delivered, will be paid by the Purchaser.

§ 3 Delivery
Together with, or shortly after DXR’s order confirmation to the Purchaser, they will provide the Purchaser with an estimated date of arrival for the goods to the Purchaser’s warehouse. Note that this is only an estimation and DXR will not be held accountable for any possible delays due to reasons out of their control.

If the goods are not available, DXR are entitled to withdraw from the contract partly or entirely, whereby they will inform the Purchaser immediately about the further non-availability and, as the case may be, about their withdrawal. DXR will immediately restitute any equivalents delivered by the Purchaser.

§ 4 Retention of Title and Passing of Risk
DXR will be 100 percent owner of all the goods until 100 percent of the total order value is paid and received, and until the passing of risk occurs. If the Purchaser does not fulfill their part of this agreement (e.g. does not pay their invoices in time), it will be considered as a breach of contract, and the Purchaser will lose the right to claim the goods.

The passing of risk from DXR to the Purchaser occurs directly when the goods have been delivered over to the Purchaser.

If the delivered goods are missing items or show recognizable defects, this shall be noted by the Purchaser upon delivery on the receipt voucher of the transport company. The note shall distinctively indicate the missing or defective items.

If the Purchaser is in delay in acceptance, fails to provide a duty of cooperation or if DXR are in delay of delivery due to other reasons the Purchaser is responsible for, DXR are entitled to claim compensation for damages resulting thereof, including additional expenditures (e.g. storage costs).

§ 5 Purchaser’s claims for defects and Purchaser’s obligations when applying the brand DXRacer
The Purchaser must within 48 hours of delivery inform DXR about possible transportation damages on the goods. Please note that no guarantees will be given that all the cardboard boxes are without defects after the transportation. The Purchaser should be prepared that some of the cardboard boxes will have defects. Although DXR takes no responsibility, nor compensates for the condition of the cardboard box, the actual product inside should not have taken damage because of a defective cardboard box. If the actual product is damaged upon delivery, the Purchaser must within 48 hours inform DXR. Negligible defects will not be compensated.

DXR offers the Purchaser two years of RMA from original order date. To claim RMA, the Purchaser must first fill in the latest RMA form provided to them by DXR, and send it over to rma@dxracer-europe.com. After DXR have received the RMA form from the Purchaser, DXR will decide which the next step in the RMA process will be, and inform the Purchaser. Please note that all RMA shipping costs will be paid by the Purchaser.

The Purchaser agrees to cooperate and update relevant product pictures, product information and product names provided to them by DXR. The Purchaser agrees to use the brand name DXRacer correctly spelled as shown, “DXRacer”. The Purchaser agrees to use the correct logo of DXRacer provided to them by DXR. If the Purchaser sell the products to another company, the Purchaser of DXR will be responsible to make sure that all of the Purchaser’s obligations above will be conformed to by the third party company.

§ 6 Force Majeure
A party shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of war, strikes or labor disputes, embargoes, government orders or any other force majeure event.

§ 7 Choice of Law and Venue
These GTWS and legal relations between DXR and the Purchaser are subject to the laws of Sweden, excluding all international and supranational (contractual) legal systems, especially the UN Convention on the International Law of Sales.

Stockholm will be the venue for all claims directly or indirectly arising out of the contractual relationship.