Terms and Conditions
§ 1 Scope
1.1 The business relationship between Personalezonen.dk ApS (“Personalezonen”) and the customer (“the Customer”) is governed exclusively by the following general terms and conditions (“Terms”) in the version applicable at the time of the order. Personalezonen does not accept deviating terms and conditions from the Customer without express written consent.
1.2 The Personalezonen Online Shop is only available to consumers as defined in section 4a(1) of the Danish Sale of Goods Act (KBL). Businesses as defined in section 4(1) of the KBL are excluded from ordering via the Personalezonen Online Shop.
§ 2 Conclusion of contract
2.1 When you place an order in the Personalezonen Online Shop, this constitutes an offer to Personalezonen to enter into a purchase agreement. By placing the order, you also accept these general terms and conditions and confirm that you have read the privacy policy. When the Customer places an order in the Personalezonen Online Shop, Personalezonen sends the Customer an informative email confirming that Personalezonen has received the order and containing information about the order (acknowledgement of receipt), which the Customer can print using the “Print” function. This acknowledgement of receipt does not constitute acceptance of the offer, but only serves to inform the Customer that the order has been received by Personalezonen. A purchase agreement is only concluded when Personalezonen confirms acceptance of the order and dispatch to the Customer in a second email (acceptance and shipping confirmation). Even if a single order includes several products, a purchase agreement is only concluded for the products listed in the acceptance and shipping confirmation. Personalezonen stores the contract text and sends the order details and the general terms and conditions to the Customer by email. The terms and conditions can also be viewed and downloaded on this website at any time. The Customer’s previous orders can be viewed at shop.personalezonen.dk. The contracting party is Personalezonen.dk ApS, Roskildevej 328, 2630 Taastrup.
2.2 Personalezonen does not sell products to minors; this also applies to products for children (e.g. children’s cutlery).
2.3 All products are only sold in quantities intended for household use. This applies both to the number of products ordered as part of one order and to multiple orders of the same product, where each order constitutes a household quantity.
2.4 Customer service language: Our customer service is mainly English-speaking because our logistics are operated by an external warehouse. When you call us, you can get help from a Danish-speaking employee, but this may lead to longer waiting times. All written replies are in English. If our external partner cannot help you with your case, you will be referred to our Scandinavian department.
§ 3 Right of withdrawal
As a consumer within the meaning of section 2(1) of the Danish Consumer Contracts Act (see also section 1.2 of these terms and conditions), the Customer has the following statutory right of withdrawal:
3.1 Right of withdrawal
As a Customer, you have the right to cancel your agreement within 30 days without giving any reason. The withdrawal period is 30 days from the day on which you, or a third party designated by you other than the carrier, takes possession of the goods, or – if you have ordered several goods in a single order which are delivered separately – from the day on which you, or a third party designated by you other than the carrier, has received the last goods in the order. To exercise the right of withdrawal, the Customer must inform Personalezonen of the decision to withdraw from the agreement by means of a clear statement (e.g. by email or letter). For this purpose, you may use the standard withdrawal form attached in section 3.3 of these terms, but this is not mandatory.
If you send an email to withdraw from the agreement, it must be sent to:
Email address: support@personalezonen.dk
Notice of withdrawal by letter must be sent to:
Personalezonen.dk ApS.
Roskildevej 328,
2630 Taastrup.
Danmark.
If you send an email to withdraw from the agreement, it must be sent to: Email address: support@personalezonen.dk
To meet the withdrawal deadline, it is sufficient for you to send your notice of withdrawal before the withdrawal period has expired.
3.2 Effects of withdrawal
If the Customer withdraws from the agreement, Personalezonen shall refund all payments received from the Customer, including delivery costs (with the exception of additional costs resulting from the Customer having chosen a type of delivery other than the least expensive standard delivery offered by Personalezonen), without undue delay and no later than 14 days from the day on which Personalezonen received the Customer’s notice of withdrawal. Personalezonen will make this refund using the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise with the Customer; in no event will the Customer be charged any fees for this refund.
Personalezonen may withhold the refund until the goods have been received back, or until the Customer has provided proof of having returned the goods, whichever is earlier.
The Customer must return or hand over the goods to Personalezonen without undue delay and in any event no later than 14 days from the day on which the Customer notifies Personalezonen of the withdrawal. The deadline is met if the Customer sends the goods before the 14-day period has expired, as described above.
Returns must be sent to the following address:
Personalezonen.dk ApS.
Roskildevej 328,
2630 Taastrup.
Danmark.
The following applies to the cost of returning the goods: In principle, the Customer bears the direct costs of returning the goods.
3.3 Standard withdrawal form
Standard withdrawal form (only complete and return this form if you wish to withdraw from the agreement)
– To Personalezonen.dk ApS, Roskildevej 328, 2630 Taastrup, Denmark, or support@personalezonen.dk:
– I/We (*) hereby give notice that I/we (*) wish to withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following services (*)
– Ordered on (*)/received on (*)
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is notified on paper)
– Date
(*) Delete as appropriate
– End of withdrawal instructions –
3.4 When withdrawal is not possible
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and/or that are made to the Customer’s specifications, have been clearly personalised at the Customer’s request, or are clearly tailored to the Customer’s personal needs. Furthermore, the right of withdrawal does not apply to contracts for the supply of sealed goods which are not suitable for return for health protection or hygiene reasons if the seal has been removed after delivery.
§ 4 Voluntary right of return (withdrawal)
4.1 In addition to the Customer’s statutory rights under section 3 of these terms, Personalezonen grants the Customer the following right to return goods:
The Customer may also withdraw from the agreement after the 14-day withdrawal period has expired (see section 3 of these general terms and conditions) by returning the goods within 30 days of receipt (the period begins the day after receipt of the goods) to the following address:
Personalezonen.dk ApS.
Roskildevej 328,
2630 Taastrup.
Danmark.
4.2 Sending the goods before the 30 days have expired is sufficient to meet the deadline. However, it is a condition for exercising the right of withdrawal under section 4 of these general terms and conditions that the Customer returns the goods complete and intact in the original sales packaging; goods that have been used cannot be returned.
4.3 In principle, the Customer bears the direct costs of returning the goods. This does not apply in the case of a lawful withdrawal by the Customer or compensation in lieu of the entire performance due to a defect in the goods. In that case, Personalezonen bears the cost of returning the goods. If the Customer uses a return label provided by Personalezonen, returns from Denmark are free of charge. The link to download the return label is included in the acceptance and shipping confirmation and can also be found on the website in the “Returns & Cancellations” section. If the Customer does not use the return label, the Customer must pay the return costs. The cost of returns from EU countries other than Denmark is always borne by the Customer.
4.4 If the right of withdrawal under section 4 of these terms is exercised, the refund will be made using the same method of payment that the Customer originally used, unless expressly agreed otherwise with the Customer.
4.5 The statutory right of withdrawal (see section 3 of these terms) remains unaffected by the right of withdrawal under section 4 of these terms. When exercising the statutory right of withdrawal, only the statutory requirements set out in section 3 of these terms apply. The statutory right of withdrawal and the buyer’s right to complain under section 7 of these terms are not limited by the provisions on the right of withdrawal under section 4 of these terms.
§ 5 Prices and delivery
5.1 All prices stated in the Personalezonen Online Shop are in DKK and include the applicable statutory VAT. The prices applicable at the time of ordering apply to the order.
5.2 Goods will only be shipped to a delivery address in Denmark. After the shipping confirmation has been sent, the delivery time in Denmark is approx. 3–4 working days (Monday to Friday, excluding public holidays in Germany and Austria, as our warehouse is located there).
5.3 If Personalezonen, through no fault of its own, is unable to fulfil the contract due to force majeure, Personalezonen is not liable for the failure to fulfil the contract. If the force majeure lasts longer than 30 days, Personalezonen is entitled to withdraw from the contract. In this case, the Customer will be informed immediately that the ordered product is not available, the Customer will be released from the obligation to pay, and any payments already made will be refunded immediately.
5.4 The shipping risk is borne by Personalezonen.
§ 6 Payment methods, due date and default of payment
6.1 The following payment methods are offered in the Personalezonen Online Shop: Payment cards (MasterCard, VISA, Amex, JCB, Diners, Dankort), PayPal, Apple Pay, Klarna (Pay later) and MobilePay. Personalezonen reserves the right not to offer individual payment methods or to refer to other payment methods in individual cases. Further information about our payment methods can be found at shop.personalezonen.dk
6.2 The invoice amount is due immediately. For credit card payments, the invoice amount will only be charged to the credit card account when the goods are dispatched, unless the purchased goods are custom-made or made to the Customer’s specific requirements. The Customer will be informed of this before the contract is concluded.
§ 7 Right to complain, liability
7.1 If the purchased item is defective, the statutory rules on defects under the Danish Sale of Goods Act apply. Assignment of these claims by the Customer is excluded to the extent permitted under Danish law.
7.2 Unless otherwise stated below, all further claims by the Customer – regardless of the legal basis – are excluded. In particular, Personalezonen is not liable for loss of profit or other financial losses suffered by the Customer. To the extent that Personalezonen’s contractual liability is excluded or limited, this also applies to the personal liability of employees, representatives and agents.
7.3 If Personalezonen commits a minor breach of a contractual obligation, liability for damages is limited to the foreseeable damage. Personalezonen is not liable for simple negligent breaches of non-essential obligations arising from the contractual obligation.
7.4 The above limitations of liability do not apply to damage caused by an intentional or grossly negligent breach of duty by Personalezonen or by one of Personalezonen’s legal representatives or agents. Furthermore, the above limitations of liability do not apply to damage resulting from injury to life, body or health caused by an intentional or negligent breach of duty by Personalezonen or by one of Personalezonen’s legal representatives or agents. In particular, the above limitations of liability do not apply in cases of product liability under the Danish Product Liability Act or where a guarantee has been given.
7.5 The Customer is obliged to take necessary and reasonable measures to prevent and minimise damage.
7.6 In the event of subsequent performance by replacement delivery, the Customer is obliged to return the originally delivered goods to Personalezonen immediately at Personalezonen’s expense. Defective goods must be returned in accordance with the rules of the Sale of Goods Act. Personalezonen reserves the right to carry out subsequent performance only after receiving the originally delivered goods back.
7.7 Personalezonen is not liable for defects in the delivered goods caused by the Customer handling the goods incorrectly or altering them in a way not approved by Personalezonen. The same applies if the Customer has not followed the instructions for the treatment and care of the goods.
§ 8 Retention of title
The delivered goods remain the property of Personalezonen until the Customer has paid in full.
§ 9 Processing of personal data
Personalezonen processes personal data about visitors to the online shop or the Customer in connection with the operation of the online shop and the processing of orders. Information and further details about the processing of personal data can be found in Personalezonen’s Privacy Policy.
§ 10 Consumer dispute resolution
The European Commission provides a platform for online dispute resolution at the following website: http://ec.europa.eu/consumers/odr/. The Customer may also submit a complaint to the Danish Complaints Resolution Centre (Center for Klageløsning), Nævnenes Hus, Toldboden 2, 8800 Viborg, via the link https://naevneneshus.dk/. Please note in this connection that Personalezonen is neither willing nor obliged to participate in dispute resolution proceedings before the complaints board.
§ 11 Governing law, jurisdiction
The Customer’s orders and agreements concluded with Personalezonen are governed by Danish law, excluding the United Nations Convention on Contracts for the International Sale of Goods. If the Customer is a business, a legal entity or a foundation, Cologne is the place of jurisdiction for all disputes arising in connection with contractual relations between the Customer and Personalezonen.
