Terms & conditions

Last updated: February 04, 2022

1. Definitions

"Egiss" means Egiss A/S, doing business as Egiss ("Egiss," "we," "us," or "our"), in these terms and conditions.
"Market" means the Country wherein the Marketplace is setup.
"Marketplace" means a country-specific Webshop.
"Market Catalogue" means the catalogue of products and services offered by Egiss via the Marketplace in the defined Market.
"Normal Working Hours" means 8.30 to 16.00 on a Working Day.
"Working days" means Monday to Friday, excluding Public holidays.

2. Orders

All contracts of sale in the Marketplace made by Egiss shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom Egiss is dealing. Cancellation of orders is not accepted as many orders are dispatched on the same day the order is placed.
All orders are subject to acceptance and to availability of the goods ordered: Egiss is entitled to refuse any order placed by you.
You undertake that all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct and You, the Customer, accepts that full liability for orders placed using a valid user-id and password lies with You and not Egiss.
Please note, Egiss may record and / or monitor inbound and outbound calls and electronic traffic for training purposes.
Egiss's privacy policy shall apply to orders placed. A copy of the policy can be found at https://marketplace.egiss.net/privacy-policy.
All software is sold subject to the software publisher's end user licence agreement (EULA), the terms of which the Customer agrees to adhere to.

3. Prices

Goods and services are invoiced at the price prevailing at time of acceptance of order. VAT is charged at the rate applicable at the time of invoicing or otherwise in accordance with the law.
We reserve the right to modify the prices from time to time.

4. Delivery, Title and Risk

Egiss shall use reasonable endeavours to dispatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay.
If Egiss is unable to deliver the goods within 30 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order. In order to cancel, the Customer must send written notice of cancellation to Egiss after the above date but before delivery of the goods or notification from Egiss that the goods are ready for delivery.
Egiss does not accept liability for shortages or damage to deliveries unless the Customer notifies Egiss of the shortage or damage in writing within 76 hours of receipt of the delivery.
Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
Title in the goods shall pass to the Customer on delivery.
If the Customer cannot accept delivery, Egiss may at its option:
1. store and insure the goods at the Customer's expense and risk or
2. sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or
3. re-arrange delivery provided that Egiss may charge the Customer for the additional delivery costs incurred.
The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and Egiss shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. Egiss shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.

5. Payment

Payment is due on presentation of invoice unless credit terms have been agreed in writing with Egiss. Egiss shall invoice Customer: on acceptance of the Customer's order in respect of software; on shipment in respect of hardware.
If payment is not made on the due date, Egiss will be entitled to charge interest daily on the outstanding balance at the statutory rate and in any event an administration fee shall be applied to each overdue invoice.

6. Product specifications

Egiss makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.
If Egiss cannot supply the goods ordered by the Customer, Egiss reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Egiss in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
Due to the current manufacturing methods of active matrix display panels, a small percentage of sub-pixel anomalies (i.e. a pixel stuck on or off) are accepted by the industry as unavoidable. Accordingly, because the manufacturing yield of perfect active matrix panels is low, displays may have some sub-pixels that are either always on or off. The cost of accepting only theoretically perfect displays would almost double the price of a portable computer using an LCD screen. Please be aware of this before purchasing a TFT screen. Egiss has to adhere to the manufacturer's guidelines stipulating that a given number of pixel failures are deemed acceptable before the TFT screen is accepted for replacement on grounds of fault.

7. Trade names and Trade Marks

Trade names and marks (other than Egiss's) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
In the case of component purchases, Customers requiring a particular brand of product should, before placing an order, check with Egiss the identity of the manufacturer of component it is proposed to purchase.

8. Warranties and Returns

Egiss is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
Unless otherwise stated in the manufacturer's documentation, all goods delivered to a EU/EEA address carry a 12-month manufacturer's warranty.
Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
In the event that Egiss, at its discretion, agrees to accept the return for credit of unwanted products, the goods must be returned with Egiss's prior written agreement within 14 days of delivery. The goods must be unopened and in perfect re-saleable condition.
Subject to testing to verify any alleged fault, we will accept the return of defective goods for full refund or replacement at our option, if, but only if, the goods are returned within 14 days of delivery.

Egiss's Operations staff, as appropriate, will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorised product returns must be sent to: Egiss A/S, Attention: RMA, Navervej 4, 8382 Hinnerup, Denmark.
Egiss offers a free collection, repair and delivery service for hardware which is shown to be faulty provided that the fault is reported within 14 days of delivery. If we have arranged for a courier collection of your product, we are unable to specify the collection time, and it is your responsibility to ensure that someone will be present at the collection address when the courier arrives.
All returned goods must be accompanied by Egiss's Returns Merchandise Authorisation number ('RMA Number') which can be obtained by contacting Egiss's Operations staff at operations@egiss.net. Returned goods will not be accepted without an RMA Number. Do not write directly on the manufacturer's packaging. Please write the RMA number on the address label provided with the Returns Merchandise Authorisation and attach it to the returned package. Any defacement of the manufacturer's packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at Egiss's sole discretion.
Egiss cannot accept liability for packages damaged during transit. It is the Customer's responsibility to wrap the product adequately to prevent damage.
Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
On receipt of the returned product, we will test it to identify the fault you have notified to us.
If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also.
Customers who wish to make a warranty claim must comply with the manufacturer's instructions and warranty procedure. In order to resolve your problem as quickly as possible, we may refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer. If you are a consumer, this does not affect your statutory rights.
This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer's instructions.
No software on which seals have been broken can be returned for credit. If any software discs are faulty, the manufacturer will replace them. If you are a consumer this does not affect your statutory rights. Please note Software Licences are non returnable unless the software is materially non-compliant with its specification or the physical media on which it is supplied is defective.
Some manufacturers require goods to be returned within 14 days or less in order to secure refund. In such instances the manufacturer's time limit will apply and therefore Egiss will only accept a return within 14 days of purchase or the manufacturer's time limit, if that limit is less than 14 days. This is clearly indicated on the catalogue page for the particular product. We can only accept the return of a defective product that does not meet the description, if they are returned to us within 14 days. Beyond that period you will be deemed to have accepted the goods and you must therefore check the goods promptly on receipt.

9. Liability

In its dealings with Customers, Egiss shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. ("Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Egiss's liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
Nothing in this agreement shall limit Egiss's liability for death or personal injury caused by its negligence.

10. Health and Safety

Egiss confirms that the goods it supplies as a distributor do not present a hazard to health and safety

when properly used for the purpose for which they are designed; and
if the Customer takes reasonable and normal precautions in their use.

11. Force Majeure

Egiss shall not be liable to Customer for any delay or failure by Egiss to fulfill its obligations under any order, contract or otherwise if such delay or failure arises from any cause or causes beyond the reasonable control of Egiss, including, but not limited to labor disputes, strikes or other labor disturbances, acts of nature, medical emergencies including epidemics or pandemics, floods, lightning, shortages of materials, rationing, utility or communication failures, earthquakes, terrorism, casualty war, embargoes, blockages, actions, restrictions, or regulations or orders of any government agency or subdivision thereof.

12. Errors and Omissions

Egiss makes every effort to ensure that all prices and descriptions quoted in its Market Catalogue and on its Marketplace are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, Egiss will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer. Egiss's liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Egiss after the manifest error has been discovered.
A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by Egiss which is more than 10% less than the price that would have been quoted had the mistake not been made.

13. Confidential Information and Data Protection

Each party shall preserve the confidentiality of all confidential information of the other which it receives, keep such information secure and protected against theft, damage, loss or unauthorised access, and not use such information for any purpose except as contemplated by the Contract. Moreover, each party shall ensure that such obligations are observed by its employees, officers, agents and contractors. These obligations shall survive the variation, renewal or termination of the Contract for a period of three years but shall not apply to information which is already in or subsequently comes into the public domain through no fault of the recipient.
Each Party shall process personal data in accordance with the Data Protection Legislation (which includes applicable data protection legislation including the General Data Protection Regulation ((EU) 2016/679) (GDPR), the Data Protection Directive (95/46/EC), and any national implementing laws, regulations and secondary legislation) as amended from time to time. Terms used throughout this clause including "data controller", "data processor", "data subject", "personal data" and "processing" are as defined in the Data Protection Legislation.
Personal data processing will be accomplished through electronic and non-electronic means, for the purpose of these terms and conditions. Customer is responsible for obtaining the consent of all Customer related data subjects whose personal data is provided to or otherwise made available to Egiss pursuant to these terms and conditions or any order. Customer authorises Egiss to engage sub-processors to the extent required for the performance of these terms and conditions and/or any order. Egiss shall in respect of any personal data of the Customer processed under these terms and conditions to maintain such personal data under appropriate, commercially reasonable and sufficient technical and organisational security measures to protect such personal data or information and both Parties warrant to have taken all appropriate registrations under relevant EU Data Protection Legislation. Customer authorises Egiss to transfer and (sub)process any personal data outside of the European Economic Area (EEA) in order to perform these terms and conditions and/or the orders, other legal obligations and/or for Egiss's other legitimate interests, provided that such transfer is made in accordance with Data Protection Legislation. Transfers made within the Egiss group of companies will be made under a legal framework compliant with the Data Protection Legislation such as the Privacy Shield or the European Commission approved Model Contract Clauses. Egiss's privacy policy shall apply to orders placed. A copy of the policy can be found on Egiss's website. Notwithstanding any other provision of these terms and conditions, Customer agrees that Egiss shall not be considered a data processor or data controller or in any other way have any responsibilities or liability (and the Customer holds Egiss harmless) in respect of the processing of personal data pursuant to a Product or Service (including cloud service) provided by a third party supplier of product or services transacted by Egiss and where Egiss is not processing such data. Such processing of personal data shall be subject to the arrangements and contract terms entered in to directly between Customer and the third party provider.

14. General

If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
Any waiver of a breach of this Agreement must be in writing.
Any variation of this Agreement must be in writing and signed by a duly authorised Egiss official.
The headings are for convenience only and shall not affect the interpretation of this Agreement.
Any notices given under this Agreement shall be in writing and sent by e-mail to the last notified e-mail address of the party.
These terms and conditions shall be governed by and construed in accordance with the laws of Denmark and the parties submit to the non-exclusive jurisdiction of the Danish courts.