Terms and conditions

1 BASIS OF AGREEMENT
1.1 Unless otherwise agreed in writing, these terms and conditions (the "Terms") apply to all MuteBox ApS ("MuteBox") offers, sales, rentals, leasing agreements and deliveries of MuteBox products ("the Product", "Products" or "the Products") to customers.

1.2 In the event of any inconsistency between the general Terms and conditions and a written agreement entered into between MuteBox and a customer, the written agreement shall prevail. The customer's purchase conditions printed on orders, or otherwise communicated to MuteBox, do not form part of the agreement basis unless this has been explicitly agreed in writing.

 

2 PRICES
2.1 The price for the Products follows MuteBox's current prices, which appear on MuteBox's website: www.byMuteBox.com at the time when MuteBox confirms the customer's order unless the parties have agreed otherwise in writing.
2.2 All prices are stated in Pound Sterling (GBP) excluding VAT as stated in the invoice. The price does not include costs related to shipping, transport, assembly or insurance, unless this is explicitly stated in the invoice.
2.3 It is the customer's responsibility to report and pay all applicable taxes and fees.
2.4 If it has been agreed that the sale must take place in a currency other than Pound Sterling (GBP), MuteBox reserves the right to make price changes as a result of a change in exchange rates from the time from the submission of the offer until payment.

3 SALES MATERIAL
3.1 Information and data stated in MuteBox's general sales material, including website, drawings, descriptions, technical documents and the like, can in no way be construed as containing guarantees, neither directly nor indirectly, and is only binding to the extent that a written agreement refers to such information and data.

4 OFFERS AND ORDER CHANGES
4.1 Unless otherwise agreed in writing, an acceptance deadline of 10 days is given when submitting the offer, from the date the offer is dated.
4.2 When MuteBox confirms the order, no changes can be made to the placed order after this date.

5 PAYMENT

5.1 The standard payment terms are ‘PIA - Payment required in advance’ when the order is placed.
5.2 The price for the Products in accordance with section 2.1 may only deviate in favor of the customer, including in connection with a discount, if the customer pre-pays 100% of the Products.
5.3 If, in MuteBox's opinion, the customer's ability to pay will be significantly reduced after confirming the offer from MuteBox, MuteBox is entitled to demand a security payment or deposit of the purchase price as a condition for execution of the order.
5.4 MuteBox is entitled to suspend future deliveries to the customer until they have provided full payment of all outstanding amounts.

6 PROPERTY RESERVATIONS
6.1 All Products sold remain the property of MuteBox until the delivery is paid for in full.

7 DELIVERY & ASSEMBLING
7.1 Agreed delivery terms are interpreted in accordance with the INCOTERMS, which are valid at the time of entering into the agreement.
7.2 Unless otherwise agreed in writing, delivery takes place without assembly.
7.3 MuteBox reserves the right to deliver in whole or in part.
7.4 Delivery to the curb. Additional fee for delivery to outlying areas and non-bridged islands. Feel free to contact us for more information.
7.5 Right of withdrawal.
7.5.1 Upon purchase, the customer has a right of withdrawal of 100 days from the time the MuteBox is delivered to the customer. If the customer wishes to make use of the right of withdrawal, this must be done in writing. The right of withdrawal does not apply to leasing. When ordering several MuteBoxes, the right of withdrawal only applies to 1 MuteBox item. The right of withdrawal is completely waived for Products that have been adapted to the customer's wishes, which also applies to network connectors, etc.
7.6 If you order assembling, please note: In case there is no elevator with the required minimum dimensions available, additional fees apply when the MuteBox is assembled on other floor levels than the ground floor. Elevator dimensions: 220 cm (high or long) and 100 cm wide with space for 6 people and with a load capacity of 800 kg. Contact us for more information.

8 LIABILITY FOR DELAY
8.1 Delivery within 28 days after the agreed delivery is not to be considered a delay.
8.2 MuteBox is not liable to the customer or third parties for indirect losses, including loss of production, loss of profit or other financial loss due to delays.
8.3 MuteBox is also not responsible for any delay unless the delay is due to negligence of MuteBox, or a third party for which MuteBox is responsible.

9 LIABILITY FOR DEFECTS
9.1 Upon delivery and before the Products are used, the customer is obliged to carry out a standard examination of the delivered Products.
9.2 The customer is not entitled to claim defects, if such are not asserted in writing to MuteBox, no later than 14 days from the time when the defect is discovered by the customer or should have been discovered.
9.3 MuteBox's liability for defects lapses 24 months after delivery has been made.
9.4 MuteBox is not liable to the customer for indirect losses, including loss of production, loss of profit or other financial loss due to defects in the delivered Products.
9.5 MuteBox is entitled to remedy any defects, including delivery, within a reasonable time. The customer cannot invoke a claim without having offered MuteBox the opportunity to remedy the defect first.
9.6 In the event that a remedy or replacement is not possible, in MuteBox's opinion, MuteBox reserves the right to give a proportionate reduction in the purchase price or take back defective Products, against a proportionate refund of the purchase price to the full and final determination of the customer's claim.
9.7 MuteBox's liability for defects does not apply to defects resulting from no or insufficient maintenance, misuse, third-party repairs made without MuteBox's written consent or instruction, or in the case of force majeure.
9.8 All complaints are handled in collaboration with MuteBox and take place at the component level. In the event of a defect in a component, such as the bottom, ceiling or door, only this component can be replaced.

10 USE AND MODIFICATION OF DELIVERED PRODUCTS
10.1 MuteBox is not obliged to carry out remediation or to compensate the customer if the defects in the delivered Products are due to the customer's misuse, or other use in violation of the regulations specified by MuteBox.
10.2 In the event that the customer has altered the Products after delivery, including by painting the Products, MuteBox, regardless of discovered defects, is not obliged to take back the Products and/or refund part of the purchase price. In these circumstances, repair is the customer's sole right of default against MuteBox.
10.3 The customer is responsible for ensuring that the Product is installed and used in accordance with applicable laws and regulations. The customer is also responsible for providing all necessary and appropriate permissions and approvals from any relevant third party and public authority for the installation or use of the Product.

10.4 The customer is responsible for the correct placement of the Product. The customer must ensure that the installation site meets all relevant requirements and specifications for safe operation and load-bearing capacity. In particular, the customer must ensure that the chosen location can bear the weight of the Product. MuteBox disclaims any responsibility for damages and losses that may arise due to the customer's improper placement of the Product.

11 PRODUCT LIABILITY
11.1 MuteBox is only responsible for product liability to the extent that such liability follows the mandatory provisions in the Product Liability Act.
11.2 MuteBox is also only liable for personal injury if it is proven that such damage was the result of negligence or carelessness on the part of MuteBox, or a third party for whom MuteBox is liable.
11.3 MuteBox is not liable to the customer for indirect losses, including loss of production, loss of profit or other financial loss due to defects in the delivered Products.
11.4 In the event that a claim for product liability is imposed on MuteBox in relation to third parties, the customer is obliged to release and reimburse MuteBox, to the extent that the liability is due to the customer's negligence, action or omission.
11.5 The customer is obliged to accept the same venue and choice of law as MuteBox in the event of legal action regarding product liability.
11.6 In the event that a third party makes a claim for product liability against one of the parties, the party in question shall, without further delay, notify the other party thereof.

12 FORCE MAJEURE
12.1 Notwithstanding the foregoing, MuteBox shall not be liable for delays and non-compliance, in whole or in part, resulting from a force majeure event, including epidemics, war, civil disobedience, strike, lockout, blockade, export ban, confiscation, currency restrictions, scarcity of resources, fire, vandalism, theft, or similar circumstances beyond MuteBox's control.
12.2 MuteBox will inform the customer of such circumstances as soon as possible.
12.3 Either party may, without further liability, terminate the agreement when fulfilment has been impossible for more than 3 months due to force majeure.

13 LIMITATION OF LIABILITY
13.1 Notwithstanding the foregoing, MuteBox's liability to the customer in the event of reimbursement and compensation may not exceed the purchase price for the relevant delivery/defective Products.

14 MARKETING
14.1 Unless the customer explicitly (and in writing) refuses this, MuteBox is entitled to use the customer's name and trademark in its marketing, including on MuteBox's website, social media and in newsletters.

15 CHOICE OF LAW AND JURISDICTION

15.1 Any dispute that may arise between the parties shall be settled by Danish Law. However, the International Sales Law (CISG) shall not apply.

15.2 Any dispute that may arise between the parties shall be finally settled by arbitration at the Arbitration Institute in Copenhagen in accordance with the rules applicable at the time the arbitration proceedings are initiated.