TERMS OF SALE

Valid as from 01-01-2015

Application

These Terms of Sale apply to the purchase by you and the sale by us of goods and services on wilkens.com. We encourage you to read these Terms of Sale carefully and to contact us with any questions you may have before placing an order. By placing an order, you agree to be unconditionally bound by these Terms of Sale in the version valid at the time of ordering.

Language options

All contracts of sale of goods and services are entered into in English. All other communications are also handled in English unless mandatory law requires a different language.

wilkens.com

wilkens.com is operated and owned by Wilkens ApS, a private limited company registered in Denmark with CVR number 35534393 and with a registered address and trading address at Niels Hansens Vej 29, 5700 Svendborg, Denmark. Our telephone number is +45 66101419, and our e-mail address is info@wilkens.com. For more information on us, click here.

Wilkens ApS was established in November 2013. Wilkens ApS is owned by Michael Nørregaard Wilkens, the entrepreneur behind wilkens.com; Borean Innovation A/S, a public limited company registered in Denmark with CVR number 25378180; and Styrelsen for Forskning og Innovation, a Danish agency under the Ministry of Higher Education and Science (“Uddannelses- og Forsk¬nings¬ministeriet”) with CVR number 19918440.

We are a member of e-mærket, the official Danish accreditation scheme for safe online trading. When you shop on wilkens.com, you therefore have access to e-mærket’s toll-free consumer hotline. e-mærket is administered by e-handelsfonden, a non-profit organization founded in 2000 by some of industry’s most influential organizations. For more information on e-mærket or to access e-mærket’s toll-free consumer hotline, click here.

Customers

We sell our goods and services to consumers who have reached the legal age (18 or more) and who are otherwise legally capable of entering into contracts. By placing an order as a consumer, you warrant that you meet these requirements.

We also sell our goods and services to businesses and other legal entities. By placing an order on behalf of a business or other legal entity, you warrant that such entity validly exists and that you are duly authorised to bind such entity.

Patrons’ Payback Program

The first customers to order a specific good (excluding accessories, spare parts and services) are registered as patrons of the good on a first-to-order basis. The maximum number of customers who can be registered as patrons of a specific good, and the number of patrons registered so far, is posted on wilkens.com. You can be registered as a patron of a specific good only once.

As a patron of a specific good you share in the Patrons’ Payback Program and receive an equal share of an annual bonus pool that is calculated as 10 % of our net sales of the good to non-patrons within a calendar year. The Patrons’ Payback Program in respect of a specific good only ends when we discontinue the sale of the good for any reason.

By “net sales” we mean the amounts actually received by us from the sale of the specific good (excluding accessories, spare parts and services) to non-patrons less VAT and any other taxes, any duties, any customs’ fees, any processing fees, costs of delivery, any reimbursements for any reason, etc.

For example, if there are 200 patrons of a specific good and net sales of the good to non-patrons within a calendar year are 600,000 Euros, the annual bonus pool is 60,000 Euros and your share of the annual bonus pool is 300 Euros.

Any bonus for a calendar year will be paid out in Euros by bank transfer to the bank account you have indicated for such purpose in February of the following year. You will not incur any fees as a result of such payment. We are not responsible for any tax or other consequences of receiving the bonus.

Service area

We sell and deliver our goods and services worldwide. We do not deliver our goods and services to PO boxes, hotels or similar addresses as a receipt signature is required on delivery.

Ordering procedure

Our entire range of goods and services is displayed on wilkens.com. You can order goods and services from us on wilkens.com, by e-mail at info@wilkens.com or by telephone at +45 66101419. We are open for e-mails, telephone calls and order processing Monday through Friday, 9 a.m. to 3 p.m. CET (excluding public holidays in Denmark). We will answer e-mails and telephone calls within a maximum of 3 hours on business days. We will process orders within a maximum of 2 business days.

To order goods and services on wilkens.com, click on the “SIGN UP AND BUY” button and complete the ordering procedure in accordance with the instructions given. You can delete or change your order at any time before you click on the “PAY” button. A step-by-step guide to completing the ordering procedure is available here.

On receipt of your order we will send you an e-mail confirming receipt of your order and stating the details of your order. When we have processed your order, we will send you an e-mail accepting or refusing your order. On dispatch of your order we will send you an e-mail confirming dispatch and stating the expected timescales for delivery.

Contract of sale

The information posted on wilkens.com is not an offer to you, but an invitation to you to make an offer to us. Your order is a binding offer to us to purchase the goods or services in your order. A binding contract of sale does not exist, however, until we have accepted your order. We reserve the right to refuse your order without liability for any reason.

If you fail to pay any amount due to us on time, commit any other material breach of your obligations, cease to trade or become subject to insolvency proceedings or similar proceedings, we may terminate the contract of sale or maintain it, in our discretion, in addition to any other rights we may have. This applies whether or not the goods or services have been handed over to you.

We will keep a copy of all orders and order confirmations for a minimum of 5 years after your last dealing with us. It is not possible to access order details on wilkens.com. However, if you need a copy of an order or an order confirmation for any reason, please contact us by e-mail at info@wilkens.com or by telephone at +45 66101419 and we will gladly send it to you.

Changes to orders

You can change certain aspects of the appearance of the goods purchased (excluding accessories, spare parts and services) as long as manufacturing of the goods has not yet begun. We will send you an e-mail informing you of the deadline for changes in due course.

Except as expressly stated herein you cannot change your order after you have placed it, unless otherwise accepted by us in writing. We encourage you to ensure that your order is correct before placing it.

Cancellation of orders and returns

If you order a good (excluding accessories, spare parts and services), and the maximum number of patrons of the specific good has not been reached by the deadline stated on wilkens.com, you have the right to cancel your order and we reserve the right to cancel your order. If you or we cancel your order, we will reimburse the deposit you have paid to us in full by bank transfer to the bank account you have indicated for such purpose. You will not incur any fees as a result of such reimbursement.

Except as expressly stated herein you cannot cancel your order after you have placed it or return delivered goods or services to us, unless otherwise accepted by us in writing. We encourage you to ensure that your order is correct before placing it.

Delivery

If you are a patron, manufacturing of your order for a specific good (excluding accessories, spare parts and services) will begin when the maximum number of patrons has been reached. If you are not a patron, manufacturing of your order for a specific good (excluding accessories, spare parts and services) will begin when we have enough orders to fill a batch.

As manufacturing of a specific good (excluding accessories, spare parts and services) will not begin until the maximum number of patrons has been reached, we are unable to give you a delivery date of your order at the time of ordering. We will, however, keep you informed of the progress of your order and inform you of the expected timescales for delivery on dispatch of your order.

We do our very best to deliver your order as quickly as possible and within the expected timescales for delivery. However, if you do not receive the good or service you have purchased from us within 2 business days after the expected timescales for delivery, please us by e-mail at info@wilkens.com or by telephone at +45 66101419 and we will attend to the issue immediately.

Delivery of goods is handled by FedEx, TNT or YOYO Xpress and will be made to the delivery address indicated by you at the time of ordering within approximately 3-5 business days from dispatch.

Ownership and risk of loss or damage

The goods you purchase from us remain our property until payment is received in full. We bear the risk of loss of or damage to the goods until they have arrived at the delivery address you have indicated. The goods will be at your own risk from this time.

Price

The price of the goods or services you order is the price that is posted on wilkens.com at the time you place your order. All prices are in Euros and are stated both inclusive of Danish VAT (25 %) and exclusive of Danish VAT.

Delivery of the goods or services you order is included in the price of the goods or services you order.

Please observe that depending on the specific circumstances, you may be liable to pay taxes, duties, customs’ fees, processing fees etc. on your order and/or you may be exempt from Danish VAT. If you are a consumer, this may, for example, be the case if you reside in a country outside the European Union, or if we deliver your order to you from a country outside the European Union. We encourage you to contact us with any questions you may have in this regard before placing an order.

Payment

We accept payment by invoice or by MasterCard, VISA, JCB and American Express. You will not incur any fees when paying by payment card on wilkens.com. All payments to us must be made in Euros unless otherwise accepted by us in writing.

When we accept your order to purchase a good (excluding accessories, spare parts and services), a deposit will be payable to us either by invoice or by debit from your payment card. The amount of the deposit is stated on wilkens.com. The balance of the price of the good will be payable to us by invoice or by debit from your payment card on dispatch of your order. The amount debited from your payment card will not be higher than the amount you have authorized.

If you purchase an accessory, a spare part or a service from us, the full amount of your purchase will be payable to us either by invoice or by debit from your payment card on dispatch of your order.

Full payment of the price of the goods purchased is required before dispatch. If you do not pay any part of the price of the goods for any reason not attributable to us, your order will not be dispatched to you and you will forfeit any deposit paid to us.

Right of withdrawal

The right of withdrawal is available to you only if you are a consumer and reside in the European Union.

The right of withdrawal does not apply to goods that are made to your specifications or are clearly personalised. For the time being, this includes the W1 suitcase, the W2 gent’s watch, the W3 lady’s watch, the W4 brief case and the W5 luggage tag.

If the right of withdrawal applies to your contract of sale, the following terms, which we will e-mail to you together with the mentioned Model Withdrawal Form (which you can also find here) when we accept your order, apply:

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

In the case of a contract of sale of goods, the withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. In the case of a contract of sale of services, the withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us - Wilkens ApS, Niels Hansens Vej 29, 5700 Svendborg, Denmark, telephone number: +45 66101419, e-mail address: info@wilkens.com - of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached Model Withdrawal Form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

Cautionary points

You cannot exercise the right of withdrawal by simply refusing to receive the goods purchased, unless you inform us of your decision to withdraw from your contract of sale at the same time.

If you exercise the right of withdrawal and return the goods to us, you are responsible for ensuring that the goods are safely packaged. You bear the risk of loss of or damage to the goods from the time we deliver them to you. Please note that we do not accept goods that are returned to us collect on delivery.

If you use the goods in a more comprehensive way than needed to establish their nature, characteristics and functioning, the goods will be regarded as used. This means that, if you exercise the right of withdrawal and return the goods to us, we will reimburse to you only a part of or no part of the payments received from you, depending on the commercial value of the goods.

To be reimbursed for all the payments we have received from you, you may handle the goods the same way as you would in a physical shop: You may test the goods, but you may not start actually using them. If the goods have suffered a loss of commercial value, for which you are liable, the loss will be offset against the payments we have received from you.

When we have received information of your decision to withdraw from your contract of sale, we will send you an e-mail advising you what the next steps are and where to send back the goods to or hand the goods over to us. When you return the goods, please enclose a copy of the order confirmation.

When we have received back the goods from you, we will send you an e-mail advising you what the next steps are to finalize the processing of your decision to withdraw from your contract of sale.

Guarantee

Our goods (excluding wearing parts, spare parts and accessories) carry a 10-year commercial goods guarantee from the date of delivery to you. We are dedicated to making outstanding goods of the finest quality. However, in the unlikely event that you discover a lack of conformity of the goods we have delivered to you within 10 years after delivery, we will, at our option and expense, repair or replace the goods, reimburse the price of the goods paid by you against receipt of the goods, or offer a proportionate reduction of the price of the goods paid by you, depending on circumstances.

The commercial goods guarantee does not affect your statutory right to the 24-month legal goods guarantee under the Danish Sale of Goods Act (“købeloven”). This means that if you discover a lack of conformity of the goods we have delivered to you within 24 months after delivery, we will, at our expense, repair or replace the goods, reimburse the price of the goods paid by you against receipt of the goods, or offer a proportionate reduction of the price of the goods paid by you, depending on circumstances.

It is a requirement that the claim of non-conformity is justified; that the non-conformity has not arisen as a result of incorrect use or other tortious conduct; and that you notify us of the claim of non-conformity within a reasonable time after you discovered it. If you notify us within 2 months after you discovered the non-conformity, the notice has been timely given.

If the claim of non-conformity is covered by guarantee, we are happy to reimburse you any reasonable freight costs you may incur in returning the goods to us. Please remember to get a receipt for your return costs. Please note that we do not accept goods that are returned to us collect on delivery.

If you wish to notify us of a claim of non-conformity, you must inform us: Wilkens ApS, Niels Hansens Vej 29, 5700 Svendborg, Denmark, telephone number: +45 66101419, e-mail address: info@wilkens.com.

When we have received the claim of non-conformity, we will send you an e-mail advising you what the next steps are and where to send back the goods to or hand the goods over to us. When you return the goods, please ensure that they are safely packaged and enclose a detailed description of the claimed non-conformity. You may use our RMA form, which you can find here, but it is not obligatory. However, the RMA form will help facilitate the processing of your claim and reduce our response time.

When we have received back the goods from you, we will send you an e-mail advising you what the next steps are to finalize the processing of your claim.

You can find the full Terms of Commercial Goods Guarantee here.

Complaints

At Wilkens we aim to delight our customers at all times. However, if you are unhappy about any aspect of wilkens.com or the service you receive from us and would like to make a complaint, please contact us by e-mail at info@wilkens.com or by telephone at +45 66101419 and we will attend to your complaint immediately.

If you feel that we do not handle your complaint to your satisfaction, then you may contact any of the following organizations depending on the type of complaint: the Danish Data Protection Agency (“Datatilsynet”), the Danish Consumer Complaints Board (“Forbrugerklagenævnet”), the European Consumer Centres Network or econsumer.gov.

Privacy

We consider your privacy as very important and we want to be sure you are aware of and agree with the way in which we may use your personal information. You can find our Privacy Policy here. By placing an order on wilkens.com you consent to the collection, use and transfer of your personal data under the terms of our Privacy Policy.

Applicable law

All purchases and sales made on wilkens.com, and all disputes arising out of or in connection with these Terms of Sale or wilkens.com generally, are governed by Danish law to the exclusion of conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods, unless mandatory law requires otherwise.

Amendments

We may change these Terms of Sale from time to time. New versions will be published on wilkens.com stating the date from which they are valid. We recommend you to check for the latest version of these Terms of Sale and to read them whenever you place an order.