TERMS AND CONDITIONS
The Terms shall apply to any contract between Realfiction and You (Contract). Please note that any sale of our Products through our site is business to business only. If You are a consumer and wish to buy our Products, please contact us or one of our resellers.
Please read these Terms carefully and make sure that You understand them, before ordering any Products from our site. Please note that before placing an order You will be asked to agree to these Terms. If You refuse to accept these Terms, You will not be able to order any Products from our site.
You acknowledge that in entering into this Contract You do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
We amend these Terms from time to time. Every time You wish to order Products, please check these Terms to ensure that You understand the terms which will apply at that time. These terms were most recently updated on 21.09.2016.
2. HOW THE CONTRACT IS FORMED
Our shopping pages will guide You through the steps You need to take to place an order with us. Our order process allows You to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After You place an order, You will receive an e-mail from us acknowledging that We have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in the section just below.
We will confirm our acceptance to You by sending You an e-mail that confirms that the Product(s) have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when We send You the Dispatch Confirmation.
If We are unable to supply You with a Product, for example because that Product is not in stock or no longer available or because We cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 3, We will inform You of this by e-mail and We will not process your order. If You have already paid for the Products, We will refund You the full amount including any delivery costs charged as soon as possible.
The prices of the Products will be as quoted on our site at the time You submit your order. We use our best efforts to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However, please see the last section of this clause 3 for what happens if We discover an error in the price of Product(s) You ordered.
Prices for our Products may change from time to time, but changes will not affect any order You have already placed.
The price of a Product is shown in the chosen currency and excludes any potential customs duty or import fee, that might be added in the country of delivery. It is worth noting that the duty value of Dreamoc displays in most countries is set to 0%, as adviced through the Harmonized System of codes (HS codes).
The price of a Product does not include delivery charges. Our delivery charges are as advised to You during the check-out process, before You confirm your order.
We will not claim your payment before the product/s has been delivered as defined in clause 4.
Our site contains a large number of Products. It is always possible that, despite our best efforts, some of the Products on our site may be incorrectly priced. If We discover an error in the price of the Product You have ordered We will contact You to inform You of this error and We will give You the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until We have your instructions. If We are unable to contact You using the contact details You provided during the order process, We will treat the order as cancelled and notify You in writing.
Delivery of an order shall be completed when We deliver the Products to a carrier or You collect them from us, and the Products will be your responsibility from that time (Ex Works, cf. Incoterms 2010).
Any delivery by carrier will be booked by us on your behalf and will be at your risk and expense. In case of any transport damages and/or shortage of delivery, please see clause 9.
If You order Products from our site for delivery outside of Denmark, your order MAY be subject to import duty or tax which are applied when the delivery reaches that destination. Please note that We have no control over these charges and We cannot predict their amount. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order. You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if You break any such law. It is worth noting that the duty value of Dreamoc displays in most countries is set to 0%, as adviced through the Harmonized System of codes (HS codes).
Ordered Products are not returnable. In special cases - and only if the Products are unopened, unused and in a resalable packaging - Realfiction may agree, at its discretion, that such Products can be returned on payment of a return fee of at least 25% of the sales price. Obsolete or customized Products are in no event returnable.
Cancellation of orders must happen before the order has been dispatched, and in writing to the Realfiction Customer Service at firstname.lastname@example.org.
6. PRODUCT INFORMATION AND PRODUCT CHANGES
We primarily supply the Products through our site to end-users. If You are interested in acting as a reseller of our Products, please contact us for further information.
Realfiction reserves the right without notice to change Products or parts thereof, provided that such change is not a disadvantage for the Customer.
7. MATERIAL PROVIDED BY CUSTOMER
We shall in no event be responsible for the accuracy, correctness or usability of any information or material provided by You (Customer Material), which is intended to be used together with or integrated in the Product.
You warrant that You have all the necessary intellectual property rights to any and all Customer Material, and You agree that You will be liable to us and shall indemnify, defend, protect and hold us harmless from and against any and all third party claims resulting from your infringement or misappropriation of any intellectual property rights in Customer Material.
8. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights to Products and services developed by Realfiction, are owned by Realfiction, and this Contract does not in any way imply a transfer of such intellectual property rights to You.
The Dreamoc displays are invented and patented by Realfiction, so be aware of illegal copies that can either be seized in customs or later seized upon sight. “Dreamoc” and “Realfiction” are trademarks owned by Realfiction.
All image and video materials are copyright protected, and You may use such image and video materials for their intended purposes only and only together with one of our Products. You are not permitted in any way to copy, distribute, assign or transfer to any third party any image and video materials obtained from us. Irrespective of the aforementioned, if You resell one of our Products, in which image and video materials are integrated, You are permitted to transfer the image and video materials together with and as part of the Product.
Any delivery of Products, including image and video materials, is made with respect of the relevant intellectual property rights holders. Realfiction has no liability whatsoever for the Customer’s acts in violation of these intellectual property rights, and You agree that You will be liable to us and shall indemnify, defend, protect and hold us harmless from and against any and all third party claims resulting from your infringement or misappropriation of such intellectual property rights.
9. DEFECTS AND COMPLAINTS
Customer must immediately upon delivery perform a proper examination of the Products in accordance with best business practice.
Customer is obliged to check received Products for any visible transport damage and/or shortage in delivery immediately and before signing off on a delivery. In case such conditions exist, Customer must raise a claim against the carrier, and either (i) accept the delivery with reservations or (ii) refuse delivery. Any such conditions, which are attributable to the carrier, are Customer’s risk, cf. clause 4.
Customer shall immediately notify Realfiction’s Customer Service of any claim raised against the carrier. As We have booked the carrier on Customer’s behalf, Customer shall be entitled to succeed in our rights against the carrier due to transport damage and/or shortage in delivery of Customer’s Products.
If Customer wants to claim that a Product has a defect (which is not attributable to the carrier, cf. above), Customer must provide Realfiction with a precise written description of the nature of the defect, and include copies of delivery receipts/notes and pictures of packaging and damages, within five (5) working days from the date of delivery. If this procedure and deadline are not complied with, Customer will lose its right to claim that the Product has a defect and such defect shall not be covered by Realfiction’s limited warranty set out in clause 10.
Realfiction’s obligations in case of a defect are limited to the repair or, at its discretion, replacement of the Product or the defective part.
If Realfiction so requests, Customer shall, at Customer's risk and expense, return the allegedly defective Products to Realfiction in its original packaging. Realfiction reserves the right at any time to receive only the allegedly defective part of the Product. Realfiction reserves the right to test the Products claimed to be defective, and if Realfiction finds the Product is not defective, Realfiction shall be entitled to invoice Customer for the cost of the test and return the Product to Customer at Customer’s risk and expense.
10. LIMITED WARRANTY
Realfiction warrants that any Product, which Realfiction delivers to You pursuant to these Terms, will perform substantially in accordance with its specifications (as published on the site at the time of purchase) for a period of twelve (12) months from the original date of purchase. This warranty covers defects that are caused by defective materials and poor workmanship only, and Realfiction does not warrant that any Product supplied will be uninterrupted or error-free in operation or that such Product will fit a particular purpose. A Product shall not be considered defective in relation to materials or poor workmanship if it requires adaptation in order to conform to national or local technical or safety standards.
Within the aforementioned warranty period, Realfiction agrees, at its discretion, to replace or repair defective Products supplied pursuant to these Terms, except if such defects are attributable to 1) normal wear and tear; 2) improper use including the failure to use the Product for its normal purpose or incorrect installation; 3) willful damage, abnormal storage or working conditions, accident, negligence by You or by any third party; 4) any alteration or repair by You (except as per agreement with us, cf. below); 5) any specification provided by You, or 6) other circumstances for which Realfiction is not responsible or is not carrying the risk.
In the event that the warranty is required, You shall contact Realfiction directly. After Realfiction has determined the cause of malfunctioning and that the warranty applies, You can choose to have delivered the needed spare part(s) and replacement descriptions (Products sold under these Terms are constructed from few and easily replaced modules with no special tools needed), or forward the defective Product to Realfiction or the nearest official Realfiction reseller, including a detailed account of the defect. Such forwarding shall be at your own risk and expense. Realfiction’s obligations are limited to the repair or, at its discretion, replacement of the Product or the defective part. No re-imbursement will be made for repairs carried out by any third party, who is not an official Realfiction reseller.
11. LIMITATION OF LIABILITY
We shall in no event be responsible for any delays in delivery, regardless of the reason therefore, but We will always endeavor timely delivery.
We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
Our total liability to You in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products sold under the specific Contract.
Except as expressly stated in these Terms, We do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute or otherwise is excluded to the fullest extent permitted by law. In particular, We will not be responsible for ensuring that the Products are suitable for your purposes.
12. PRODUCT LIABILITY
Realfiction excludes its product liability (in Danish: “Produktansvar”) to the maximum extent permitted by law, and We shall thus only be liable for product liability to the extent that such product liability cannot be excluded under applicable law.
13. COMMUNICATIONS BETWEEN US
When We refer, in these Terms, to "in writing", this will include e-mail.
Any notice or other communication given by You to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post (In Danish: “A-post”) or other next working day delivery service or e-mail.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at CET 9.00 am on the second business day after posting or if sent by e-mail, one business day after transmission.
14. OTHER IMPORTANT TERMS
We are entitled to transfer all our rights and obligations under this Contract to any third party. You may only transfer your rights or your obligations under these Terms to a third party if We agree in writing.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If We fail to insist that You perform any of your obligations under these Terms, or if We do not enforce our rights against you, or if We delay in doing so, that will not mean that We have waived our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by you, We will only do so in writing, and that will not mean that We will automatically waive any later default by you.
These Terms and any Contract entered into under them are governed by Danish law, excluding its conflict of laws provisions. We both agree to the exclusive jurisdiction of the courts of Denmark, with the City Court of Copenhagen as the court of first instance.