E-COMMERCE TERMS AND CONDITIONS

Applicable from May 2018

INTRODUCTION

These e-commerce terms and conditions apply to purchases made by consumers on the Webshop, owned and run by GERVIN, CVR no. 38694030, Lemmestrupvej 22, 8300 Odder, Denmark.

We recommend that you read these Ecommerce terms and conditions thoroughly before making a purchase on the Webshop. You will find the following points below:

ORDERING PRODUCTS

You can order online 24 hours a day. We process orders between 8.00 - 16.00 (GMT +1). Orders made outside this period of time will be processed on the following business day.

When you place an order, we will immediately send you a receipt by email. Please note that this receipt is not an order confirmation and that we are not bound by the order at this time. The final agreement between you and GERVIN is only valid when we have sent an email confirming we are bound by the order.

You are responsible for ensuring the accuracy of the customer information you enter as part of the purchasing process, as we do not subsequently validate or verify this information.

PRICES AND PAYMENT

All stated DKK prices are incl. VAT (25%). We reserve the right to change prices on the website with immediate effect. However, prices will generally be adjusted as of 1 February. The applicable price is the one stated on the website next to the item in question at the time the order is made.

Shipping costs for delivery in Denmark are included in the price. For delivery outside of Denmark, please refer to our other sites.

We accept the credit cards shown at the bottom of the Webshop. When paying by credit card, payment will be deducted at the same time your invoice is sent.

We handle your credit card information in confidence and we do not store your credit card information. Your credit card information is entered directly into a payment service and therefore we do not have any knowledge of your credit card information. The above is out of consideration for your safety. The Webshop only stores the data needed to deduct the agreed purchase amount from your account when the item is shipped to you.

All credit card payments are validated. GERVIN reserves the right to withhold an order in the case of suspicion and fraud, money laundering or similar. The purchase price can only be refunded to the credit card used for the original purchase.

We encrypt all your card information with the so-called SSL (Security Socket Layer) protocol. This means that unauthorized persons are unable to read your card number or other information during the transaction with DIBS, which processes payments for purchases made at olelynggaard.com. Please also note that the page where you provide your card information looks different to the rest of our website. This is due to DIBS's requirements that the page should be secure and the information encrypted.

DELIVERY

If your purchase involves delivery to an EU country outside of Denmark, the rules apply to the free movement of goods, which means that you must pay Danish VAT, but not any local customs duties.

All orders are shipped with FEDEX or DHL. The actual delivery time depends on the chosen shipper / form of delivery. You should expect to receive your order within 3-4 business days if the item is in stock. As we cannot guarantee local delivery conditions, we cannot accurately specify when the item will be delivered to the customer / recipient's address.

From our Danish website, we ship exclusively to Denmark. GERVIN reserves the right to deliver products through local subsidiaries.

If the individual order contains multiple items, we will first ship the order when all items are ready for delivery.

Please note that we are unable to deliver to PO box addresses.

RIGHT OF WITHDRAWAL

You are entitled to withdraw from the purchase within 14 days of receipt of the item. The right of withdrawal can be exercised without specifying any particular reason by sending a message to us by ordinary mail, fax or email. You can choose to use the standard withdrawal form at the bottom of this document. However, this is not a requirement.

NOTE: You may not exercise the right of withdrawal simply by refusing to receive the item or by failing to pick it up from the shipper.

We recommend you always state your order number in the notice of withdrawal to avoid any mistakes and delays.

NOTE:
The right of withdrawal does not apply to items that have been customized to your personal specifications.

If you send a notice of withdrawal from the purchase, you must return the item to us at the same address without undue delay, and within 14 days after you indicated you wanted to withdraw from the purchase. We may require proof that the item has been shipped before the expiry of the deadline.

If the item is sent, it must be packed securely, and you are kindly asked to attach a copy of the notice of withdrawal and / or state the order number on the package.

If the item is sent, it must be packed securely, and you are kindly asked to attach a copy of the notice of withdrawal and / or state the order number on the package.

NOTE:
You are responsible for any damage that may occur during transportation. Please also note that all return costs are incurred by you, unless we have delivered the item to you by mistake or the item has been damaged or is defective upon receipt. We are unable to determine a fixed price for the return shipment in advance, as this depends on the weight of the item and the choice of carrier, etc.

Returned items should be in good and undamaged condition. If a returned item shows signs of damage or use, beyond what is necessary to determine the nature, characteristics and manner of the item, you are liable for the cost of the item's deterioration in value. We estimate the value based on a specific assessment of the returned product based on the following guidelines for deterioration:

No signs of use and the product is in original packaging:
0%.

Minor signs of use of the item and / or original wrapping:
Approx. 25%.

Visible signs of use of the item and / or missing / damaged original packaging:
Approx. 50%.

Visible damage to the item, such as scratches or non-removable stains:
Approx. 100%.

Payment for the item will be refunded as soon as possible, and in any event within 14 days of our receipt of your notice of withdrawal. However, we reserve the right to withhold the refund until we have received the item / items for inspection, or until you have submitted proof that the item has been returned, whichever is the earliest.

If you withdraw from the purchase in accordance with these e-commerce terms, we will refund the purchase price less any deterioration. Unless you instruct us otherwise, we will issue the refund using the same payment method that you used to make the original transaction.

NOTE:
Your claim for refund does not include any fees for using credit cards or other means of payment that we have paid to redeem.

If you would like more information concerning your 14-day right of withdrawal, you can visit the Danish Competition and Consumer Authority's website: https://www.en.kfst.dk/consumer/.

CLAIMS AND COMPLAINTS

We make a living from happy and satisfied customers. We therefore encourage you to contact us if you experience any problems with any item you have purchased.

In addition to the right of withdrawal, your general rights in the Danish Sale of Goods Act apply to defective items, delayed items or items that do not match the description. You thereby have 24 months' warranty, which means that if the delivered product is defective you can:

Demand assistance

Demand for re-delivery

Demand a proportional reduction in the purchase price or

Terminate the purchase agreement unless the deficiency is insignificant

The above naturally assumes that your claim is justified and the defect is not due to improper handling or use or any other damage to the product.

You must notify GERVIN of defective goods within a reasonable time after you have or should have discovered the defect. Notice given within two months after you have or should have discovered the defect is always within a reasonable time.

When returning purchased products, please attach a copy of your invoice as well as a description of the complaint / defect.

You can also appeal to the Consumer Complaints Board via this link:

https://ec.europa.eu/consumers/odr/

You can also appeal to the Consumer Complaints Board via this link

These e-commerce terms and conditions and any purchase agreement regarding the purchase of items from us are subject to Danish law, except the Danish applicable law and CISG.

RESERVATIONS

We reserve the right for typo errors, items that are sold out and force majeure, including delivery failures from our suppliers. Furthermore, GERVIN is unable to guarantee that the Webshop is always 100% up to date. GERVIN may change the contents of the Webshop at any time.

GERVIN is unable to guarantee that colors and qualities are reproduced 100% correctly in the Webshop. The reproduction depends on the computer's color settings and the screen being used. Furthermore, natural products like precious gems will vary in color and shine. Therefore, minor discrepancies in color and shine are not considered to be a defect in the view of the purchase law.

GERVIN always tries to provide accurate and comprehensive information in the Webshop. However, errors may still occur. If you have mistakenly been charged an incorrect amount, you have the opportunity to place a new order with the correct price stated or cancel the purchase. However, GERVIN reserves the right to cancel the purchase before sending your item, if we find that the purchase is based on incorrect information, including incorrect pricing. In such a case, you will be notified by email. If we are unable to contact you, your order will be automatically canceled.