Terms & Conditions
General Terms & Conditions
1.1 canvashifi.com (the "Website") is owned by CANVAS HiFi (the "Vendor", "we", or "us"). CANVAS HiFi is a company registered in Denmark (VAT ID 43519425).
1.2 These are the Terms and Conditions (the "Terms") that apply to transactions between you as a customer and us.
1.3 By purchasing any product (the "Product(s)") from us, by using the website, or by submitting an order, you acknowledge that you have read an agreed to be bound by and comply with these Terms.
1.4 The "Contract" is the contract between us and you, for the sale by us and purchase by you of the Product(s) in accordance with these Terms.
1.5 Any reference to "writing", "in writing", or "written" includes emails.
2. Purchase of Products
2.1 All information (whether it be text, pictures, drawings, etc.) on the Website, in catalogues, brochures, advertisements, etc., is for the sole purpose of giving an approximate idea of the Product(s) described. It does not form part of the Contract and is not binding.
2.3 If a Product is out of stock or out of production when an order is made, we are under no requirement to fulfill the order.
2.4 A Contract is complete and binding only we have confirmed the purchaser's order, either by order confirmation or invoice.
2.5 All prices are exclusive of customs duty, packaging, and any national tax.
2.6 Prices are subject to change without notice. We are only bound by prices in the Contract, i.e., invoice or order confirmation.
3.1 Payment falls due upon receipt of the invoice by the purchaser, unless otherwise agreed.
3.2 If the purchaser fails to pay in a timely manner, we are entitled to interest from the due date in accordance with the Danish Internest Act (the Danish National Bank's discount rate plus 8%). By February 2024, the interest rate is 11.6% p.a.
3.3 If an order requires partial deliveries, we reserve the right to issue partial invoices as well.
3.4 The purchaser has no right to retain or offset any part of the payment unless agreed to by us in writing.
4. Delivery and Risk
4.1 All deliveries are made DAP (Delivered-At-Place), unless otherwise explicitly agreed in writing.
4.2 As such, the purchaser assumes all risks and responsibilities for the Product(s) upon delivery.
4.3 While CANVAS may cover the import tax, the purchaser is the importer and must pay any bills regarding this. For reimbursement, Please email us at firstname.lastname@example.org with a copy of the import bill. The funds will be transferred to the credit or debit card used for purchase.
5. Delivery Time
5.1 Any dates quoted for delivery are approximate only.
5.2 Delivery time is always subject to prior and correct payment by the purchaser.
5.3 We are not liable for any delay in delivery caused by (a) a force majeure event or (b) the purchaser's failure to provide us with adequate delivery instructions or any other instructions that are relevant to the delivery of the Product(s).
5.4 Risk in the Product(s) passes to you when the Product(s) are signed for at the delivery address stipulated in the order. We accept no liability for any loss of or damage to the Product(s) after the risk passes.
5.5 If delivery is delayed (a) by circumstances which under Clause 10 is considered grounds for relief or (b) by omission on the part of the purchaser, delivery time shall be extended by an appropriate
period with regard to the given circumstances. Delivery time is extended even if the reason for delay occurs after the originally agreed delivery date.
5.6 Should we exceed the delivery time or a delivery time extended according to Clause 5.5 by more than one (1) month, the purchaser may contact us in writing and set a reasonable final deadline for delivery, no less that two weeks (14 days) in the future. If
we fail to deliver the Product(s) within this final deadline, and this is not due to any circumstance for which the purchaser is responsible, the purchaser may cancel the Contract by written notice. Whether or not the purchaser cancels the the order, they are not entitled to any compensation for direct or indirect losses.
6. Right of Return and Cancellation
6.1 Product(s) that have been either ordered or delivered can be returned within 45 days, provided the Product(s) is returned in its original condition and packaging.
6.2 There is a flat return/cancellation fee of €100 (EUR) for purchases within Europe, and €200 (EUR) worldwide.
6.3 To exercise the right to return, the Purchaser must notify us by email within 45 days from delivery. The notification must include the reason for the return.
6.4 The refund will be made once we have confirmed that the Product(s) is in original condition and packaging, cf. Clause 6.1.
6.5 The purchaser is responsible for seeking import cost returns.
7. Inspection and Notice of Defects
7.1 Upon delivery and prior to use, the purchaser must inspect and examine the Product(s) delivered as soon as possible.
7.2 If a defect is discovered, the purchaser must notify us immediately and in writing. The notice shall contain a description of the defect. If the purchaser fails to notify us, they shall forfeit their right to make any claim with regard to the defect.
8.1 The warranty period begins when the Product(s) are delivered.
8.2 The warranty covers manufacturing defects exclusively. It does not cover anything else, including but not limited to: Scratches, wear and tear, misuse, incorrect connections, defects resulting from inadequate maintenance, theft, fire, flood, etc.
8.3 The purchaser must, to our satisfaction, provide proof of a defect covered by the warranty.
8.4 For the warranty to be valid the purchaser must exhibit the warranty certificate issued upon completion of purchase. If the purchaser fails to produce the certificate, we are under no obligation to provide any assistance under the warranty.
8.5 If a defect is covered by the warranty, the purchaser will be entitled to (a) repair, (b) replacement, or (c) refund; the choice is at our sole discretion. If the defect concerns a product no longer in production, we reserve the right to offer the purchaser a new, comparable product.
9. Intellectual Property
9.1 All copyright, trademarks and other intellectual property belong to us, and we reserve all rights to its use.
We reserve all intellectual property rights.
9.2 You are not permitted to use the Website, Product(s), advertisements, or any other material made by us, in a way that infringes the intellectual property.
10. Force Majeure
10.1 We shall not be liable for any delay in delivery or failure of service caused by events beyond our reasonable anticipation or control, if such events make the fulfilment of our obligations impossible or unreasonably difficult.
10.2 Grounds for relief include, but are not limited to:
10.2.1 Fire, explosion, flood, lightning strike, earthquake, extreme weather or other natural disasters.
10.2.2 War, mobilization and preparation for war, armed conflict, terrorist attack, civil war or insurrection, civil unrest or riots.
10.2.3 Government act or requisition, seizure, labour disputes, strikes or lockout.
10.2.4 Epidemic or pandemic.
10.2.5 Failure of a third party, including disruption of information technology, telecommunications services, or utilities (power and water), fuel shortage, general shortage of transportation or materials.
10.3 Should the purchaser be in the process of returning Product(s) to us, they can also claim relief under the conditions outlined in clauses 10.1 and 10.2.
10.4 The party claiming relief under clause 10.1 (us) or 10.3 (the purchaser) shall inform the other party in writing without undue delay, both on the occurrence and on the cessation of the circumstance.
10.5 Should the event prevent the purchaser from fulfilling their obligation, they shall reimburse us for costs incurred in securing and protecting the Product(s).
10.6 If completion of the Contract is delayed by more than six (6) months, each party (both the purchaser and us) is entitled to terminate the contract by written notice to the other party. This includes if the delay is caused by grounds for relief, as described in clauses 10.1 through
11. Exclusions and Limitations of Liability
11.1 In the event of defects, we shall (a) repair, (b) replace, or (c) refund the Product(s) sold, according to our choice. If the Product(s) is out of stock, or production has ceased, we have the right to replace with a similar product instead.
11.2 We are only responsible for defects that are identified and reported within a period of six (6) months following the delivery date. Should the Product(s) be subject to heavier use than was anticipated or agreed upon at the time the contract was established, this timeframe will be appropriately shortened.
11.3 Should we fail to fulfill our obligations under clause 11.1 within a reasonable time frame, the purchaser may issue a written request for us to comply within a specified final deadline, no less than 14 days in the future. If we do not fulfill our obligations before that deadline, the purchaser is entitled to a proportional reduction of the contract price.
11.4 If the defect is substantial, the purchaser can terminate the contract by written notice. In the event of termination, the purchaser is entitled to compensation for their loss. However, any such compensation cannot exceed the original price of the specific product and sale.
11.5 We are not liable for any indirect losses such as loss of profit or loss of production that may result from product defects.
11.6 If defects arise as a result of the purchaser tampering with or modifying the Product(s), we cannot be held liable.
11.7 Any defective parts replaced as per clause 11.1 become our property and must be placed at our disposal.
12. Product Liability
12.1 Our liability is governed by the provisions of the Danish Product Liability Act, to the extent that these laws specify clear legal provisions. We are not subject to liability based on product liability that arises from strict case law.
12.2 We accept responsibility for personal injuries only if the purchaser provides proof that such injuries resulted from error or negligence on our part or that of individuals for whom we are accountable.
12.3 We bear no responsibility for damage to movable or immovable property occurring while the products are in the purchaser's possession.
12.4 Should we be found liable for any injuries caused by the Product(s), our liability will be reduced in proportion to any fault attributed to the purchaser.
12.5 If we are found responsible for product liability towards third parties, the purchaser must compensate us in line with the limitations on our liability outlined in the preceding clauses.
12.6 Should a third party file a compensation claim under clause 12.5 against either party to the contract, the affected party must promptly notify the other.
12.7 We are not liable for any form of indirect losses.
12.8 The maximum limit for any product liability claim is set at DKK 1,000,000 (approx €135,000).
13. General Data Protection Regulation (GDPR)
13.1 In order to accept and process an order, we require the following personal information: Name, address, telephone number and email address. This personal data is necessary for shipping the Product(s) to you, and for communication with you regarding your order and contract.
14. Applicable Law and Legal Venue
14.1 Any legal dispute covered by the Terms, including disputes stemming from or related to a purchase and its existence, validity or termination, shall be resolved by the courts of Denmark.
14.2 Any legal dispute shall be judged in accordance with Danish law.Contact us