Vilkår og betingelser
Wolt Danmark ApS
Version 3 (updated on [January 20, 2022])
1.1 The Terms and conditions of Sale (“Terms and Conditions”) apply to the ordering and delivery of Wolt gear and related products ("Goods") via our webshop; www.Woltgear.dk, offered by Wolt Danmark ApS, CVR no./VAT ID DK37540447 , Borgergade 10, 2 sal., 1300 Copenhagen Denmark ("Wolt", "us", "we") to Wolt partners as our customers ("the Customer" or "you").
1.2 The “Goods” offered can also be second-hand Wolt gear and related products, if described as such in the product description.
1.3 Any changes to the Terms and Conditions require the written consent from Wolt, and we do not accept differing or conflicting terms and conditions of the Customer, even if the Customer draws our attention to said differing terms and conditions.
1.4 When purchasing Goods through Wolt's website, the purchase agreement is entered between Wolt and you as either a business-to-business entity, i.e., a legal person, or you as a natural person.
1.5 For the purpose of ordering products, Customers must register with their name or company name, telephone number or email address, as well as a delivery address. Alternatively, the customer can choose to register to Shopify to pay for ordering products. In either way, the Customer is responsible for ensuring that the registered data is correct.
1.6 Customers must make sure to prevent unauthorised access to the device used to place orders and/or the data needed to place orders. Customers will be liable for any and all transactions made using their data, unless caused by a failure on the side of Wolt.
1.7 Customers must not (i) use or attempt to use another person’s data for orders; (ii) place orders using a false identity or the identity of another person; or (iii) access the webshop in any other manner than via the access methods provided by Wolt.
1.8 Customers agree to immediately inform Wolt if they find out or suspect that their data has been subject to unauthorised use.
1.9 Wolt will endeavor to ensure that the webshop is available at all times but assumes no liability for the permanent availability of the webshop and the possibility to use the webshop unrestricted and uninterrupted.
2 Conclusion of contracts
2.1 The webshop displays a selection of Goods offered to the Customer. When the Customer has placed an order with Wolt, the Customer is bound by the order. Upon Wolt’s written confirmation of the order (the order confirmation) a binding purchase agreement has been entered.
2.2 The agreement only covers the Goods listed in the order confirmation.
2.3 The Customer cannot cancel or modify confirmed orders.
2.4 In the event of discontinued or unavailability of Goods for which the Customer has placed a binding order (i.e., those listed in the order confirmation), Wolt will inform the Customer accordingly without undue delay and discuss the possibility of supplying replacement Goods. If this is not possible, or at the Customer's request, Wolt will refund the purchase price already paid for the Goods in question via the same payment method the Customer used to pay for them.
2.5 Goods ordered from Wolt will remain Wolt's property until paid for in full.
2.6 Wolt reserves the right to limit or cancel quantities ordered by the Customer in connection with the order confirmation.
2.7 Purchase agreements will be concluded in English and Wolt will store your purchase agreement electronically in our systems.
3.1 Orders are processed and shipped in accordance with Wolt's Shipping FAQ https://www.Woltgear.dk/pages/shipping-policy.
3.2 The Goods shall be delivered to the delivery address specified by the Customer in the shipping method.
3.3 The Customer can choose between a delivery as “direct delivery” or “to the nearest pickup point”. If the Customer is not available at the agreed time of delivery and the Customer has chosen “direct delivery”, the Goods will be delivered to the nearest pickup point at Customer’s expense and risk, and will be available for pick up for 7 days (set and provided by our shipping partner). If the Customer has chosen delivery “to the nearest pick up point”, the Goods will be delivered to the nearest pickup point and will be available for pickup for 7 days (set and provided by our shipping partner). In either chosen way of delivery, the Goods will be sent back to our Warehouse partner after 7 days. A new time of delivery may be agreed upon Customer’s initiative and at Customer’s expense.
3.4 Unless otherwise expressly agreed in writing, Wolt is not obliged to deliver the Goods on a specific date.
3.5 Wolt does not give any warranties as to the exact time of delivery but will always endeavor to deliver as soon as possible and within any estimated delivery times.
3.6 Partial delivery may take place at Wolt’s discretion.
3.7 In the event of the inability to deliver due to circumstances caused by Customer, including but not limited to circumstances for which Customer is responsible, Customer shall bear the total costs incurred by Wolt for the delivery and handling of the Goods.
3.8 Unless otherwise expressly agreed in writing, Customer shall bear the costs for freight (freight charges).
4.1 The prices of Goods available for purchase are displayed in the webshop.
4.2 Customers will be able to see the total value of the Goods in the basket as well as in the order summary displayed before the order is placed.
4.3 Customers will pay the then-current price for the ordered Goods at the time that the Customer places the order. Consequently, any subsequent price adjustment for the Goods in question will not affect the price payable by the Customer.
4.4 Wolt may adjust its prices at any time at its own discretion.
5 Terms of payment
5.1 All prices are stated and will be invoiced in the currency stated in the order confirmation inclusive of VAT and costs for delivery.
5.2 Customers must pay the purchase price for the ordered Goods and the delivery charge directly as part of placing an order.
5.3 Payment can be made by credit card Mastercard, Visa Card,Google Pay and Apple Pay or comparable.
5.4 Each party is responsible for its own compliance with prevailing applicable law and regulations concerning VAT and other taxes/duties.
6 Customer's rights in the event of defects etc.
6.1 Wolt will be liable in accordance with applicable statutory Danish law for product and legal defects to ordered goods. Consequently, the provisions around remedies for defects under the Danish Sale of Goods Act will apply to your purchase. Any claims Customers may have to damages for defects will be subject to the restrictions set out in section 8 of these Terms and Conditions.
6.2 For second-hand goods, the shortest national warranty regulation will apply.
6.3 For second-hand goods, Wolt will not be liable for product and legal defects to ordered goods that were known to the customer at the time of sale or fall under the normal wear and tear of used goods.
6.4 The Customer must examine the Goods without undue delay from the time of delivery. If the Customer discovers visible damage upon delivery, this must be noted on the consignment note and Wolt must be informed immediately in writing.
6.5 If the agreement has been entered into between Wolt and a business-to-business entity, the claim must be reported to Wolt by the business-to-business entity no later than 30 days from the time of delivery.
6.6 If the agreement has been entered into between Wolt and a business-to-business entity, Wolt's liability for defects shall cease if Wolt does not receive the Customer's written notice thereof without undue delay after the defect was discovered or should have been discovered and, in any case, no later than 10 days from the time of delivery, cf. above.
6.7 Wolt is not liable for claims that have occurred as a result of normal wear and tear, incorrect use of the Goods, incorrect fitting carried out by Customer or Customer’s attempts to change or repair the Goods.
6.8 If you wish to make a claim for product or legal defects, please contact us via the support function which can be found in Wolt’s Courier Partner App. All claims must be specific, documented and contain a precise description of the defect and the content of the claim. To assist us in processing claims, please send a photograph of the defective Good(s) and/or other relevant documentation along with the claim.
6.9 Goods that are claimed to be defective, cannot be returned without prior written consent from Wolt.
6.10 Corrective measures
6.10.1 Defects may at the sole discretion of Wolt be remedied by remediation or replacement.
6.10.2 Remedy includes taking all necessary corrective measures to remedy a defect and ensuring the restoration of the Goods.
6.10.3 If the defect cannot be remedied without undue delay, Wolt will refund to the Customer the purchase price paid for the goods in question via the same payment method the Customer used to pay for them.
7 Right of cancellation
7.1 Purchased goods may be returned and refunded in accordance with Wolt's Return Refund FAQ available https://www.Woltgear.dk/pages/about-gear-shipping.
8 Limitation of liability
8.1 Wolt's liability towards the Customers is excluded to the widest extent possible, subject to any statutory liability obligations, including product liability, under Danish law.
8.2 Subject to the foregoing, Wolt will in no event be liable for any indirect or consequential damages or losses incurred by Customers, including but not limited to Costumer’s lost profits or revenues, anticipated revenues, savings, operating loss, loss of goodwill, business interruption, diminished business value or loss of data.
8.2.1 In no event can Wolt be liable for any delay of any kind in the delivery of Goods to Customer.
8.3 Wolt's liability towards the Customer will in all cases be limited to the total amount of the order out of which the damages or losses have arisen.
9 Use of sub-suppliers or third party-suppliers
9.1 Wolt is free to use sub-suppliers or third party-suppliers in the delivery of the Goods.
9.2 Wolt is directly responsible for the Goods delivered by a sub-supplier as if the Goods were delivered by Wolt itself.
10 Recall of goods
10.1 If, unexpectedly, there should be cases where commercial, safety or regulatory considerations entail that Goods must be recalled from the market, Customer is obliged to assist the Wolt with such a recall.
10.2 Unless the revocation is due to Customer's circumstances, Wolt shall bear reasonable expenses in relation to the revocation.
11 Force Majeure
11.1 Wolt is in no event in breach of any obligation to the extent and for the duration prevented from performing the obligation due to a force majeure event.
11.2 Force majeure events include acts of God, war, mobilization, breakdown of telecommunication/Customer’s infrastructure that are not provided by Wolt, external security events (e.g. hacker attacks, attack by computer viruses or other third-party destructive behaviour) and similar conditions, health and safety restrictions and recommendations issued by public authorities, pandemics, epidemics, natural disaster, strikes, lock-out, fire, damages to production plant, freight restrictions, import and export regulations and other unforeseeable circumstances beyond the control of the Party concerned.
12 Customer’s personal data
13 Intellectual property rights
13.1 All Intellectual Property Rights in or related to Wolt and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Wolt and/or its subcontractors/licensors. “Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.
13.2 These Terms of Service do not grant the Customer any Intellectual Property Rights in Wolt and all rights not expressly granted hereunder are reserved by Wolt and its subcontractors/licensors. However, Customer has the limited right to use the gear for the intended purpose, while it may carry the Wolt brand related solely for the Gear and for the duration of use.
14 Final provisions
14.1 Products may only be purchased by persons of the age of 18 or older.
14.2 If one or more provisions of these Terms and Conditions are deemed invalid or voided, such provisions shall nonetheless be enforceable to the fullest extent permitted by applicable law and shall not affect the validity of the remaining provisions set out herein.
14.3 Wolt may use subcontractors and may at any time transfer its rights and obligations under these Terms and Conditions and any existing contract with the Customer in part or in full without the Customer's consent.
14.4 Wolt is entitled to adjust and amend the Terms and Conditions from time to time without further notice with effect for the future.
14.5 An updated version of the Terms and Conditions is always available on Wolt’s website and otherwise upon request. Customer is obliged to keep itself up to date with the current version.
15 Governing law and disputes
15.1 These Terms and Conditions are governed by and construed in accordance with Danish law, except for (a) any rules leading to the application of other legislation than Danish and (b) the United Nations Convention on Contracts for the International Sale of Goods (CISG).
15.2 Any dispute and claim arising from or in relation to these Terms and Conditions including disputes concerning the existence or validity of the Terms and Conditions, shall, at Wolt’s choice, be settled by either a competent court at Wolt’s venue or by arbitration at the Arbitration Institute in Copenhagen, in accordance with the rules adopted by the commencement of arbitral proceedings. The place of arbitration shall be in Copenhagen, Denmark.