1. Basis of the Agreement

These terms and conditions of sale and delivery apply to all orders placed by the customer, and to all deliveries made by Pilgrim, Søtoften 8, DK-8660 Skanderborg (CRN 36063068) based on this.

For all orders and agreements on deliveries, Pilgrim’s order confirmation, these sales and delivery conditions and the Danish Sale of Goods Act, as well as other declaratory legislation apply in this order. Any conditions of the customer do not apply.

2. Order and order confirmation – scope of delivery

Once an order is placed, it is inding to the customer. Upon Pilgrim’s written confirmation of the order, a binding agreement has been entered into for the sale and delivery of the products. If the customer has objections to the order, the customer must complain immediately after receiving the order confirmation.

3. Delivery

Delivery takes place Ex Works to countries within the EU and DDP (Delivered Duty Paid) to Norway and the UK according to the price list unless otherwise agreed and stated in the order confirmation. The delivery address is decisive for the calculation of shipping fees. All deliveries are made in accordance with Incoterms 2020.

Defects and damage to the pallet/package must be reported to Pilgrim within 24 hours of receipt of the shipment.

Complaints about defects and damages submitted after this deadline will not be accepted.

If there is visible damage to the pallets/packages upon delivery, reservations must always be made on the courier’s consignment note. If this does not happen, the right to complain no longer applies.

The customer is responsible for taking out insurance for transport damage.

4. Prices and payment terms

Payment terms are 30 days net from the invoice date unless otherwise agreed with the customer.

The customer cannot make payment for delivered goods by offsetting unless otherwise agreed separately.

All prices are displayed ex. VAT.

In the event of delayed payment by the customer, the first reminder letter is sent free of charge, and a fee is charged for the second reminder letter.

The customer’s payment default is always considered significant non-performance, which entitles Pilgrim to stop further deliveries without incurring liability, as well as to demand immediate payment of all receivables from the customer, whether due or not due. Pilgrim can also exercise its general rights regarding remedy for breach of contract.

5. Ownership

The sold items remain Pilgrim’s property until payment is made in full, including interest and any costs. 

6. Order cancellation

Pilgrim can cancel an order in whole or in part without incurring liability, including in the case of sold-out goods and goods on back order.

7. Liability for defects and limitation

On receipt of the goods at the customer’s address or the customer’s or a third party’s warehouse address (used by the customer as such), the customer must immediately, and no later than twenty-four (24) hours after), carry out such an inspection of the delivered goods as is dictated by proper business practice, and which will reveal immediately visible defects, and submit these to Pilgrim:
return@pilgrim.dk

In any case, return of goods is accepted only after prior written agreement. Goods that are returned without prior agreement are not credited, but are stored at the customer’s expense and risk until redelivery can take place, although not for more than 30 days, after which Pilgrim can cancel the agreement and credit the order. 

Defects

The customer cannot claim damages for claims that have occurred as a result of normal wear and tear, incorrect use of the Goods or the customer’s attempts to alter or repair the Goods.

8. Product liability

Pilgrim assumes product liability in accordance with relevant, applicable legislation, but does not assume liability to a wider extent than what follows from prescriptive legislation. Any non-statutory product liability developed in Danish jurisprudence is thus expressly disclaimed. In the case of product liability, Pilgrim is under no circumstances liable for operating loss, loss of profit or other indirect loss.

9. General limitations of liability (including force majeure)

Pilgrim assumes no liability for any errors in catalogues, brochures and other printed material, as well as material published on Pilgrim's website, including, e.g., errors in stated properties and prices, etc.  Pilgrim is not liable for defects, delays or other damage if this is due to conditions that Pilgrim could not have been expected to anticipate when entering into the agreement, including, among other things, war, terrorism, import and export restrictions, strike, lockout, epidemics, pandemics, lack of labour or lack of goods deliveries, unusual natural events and other conditions that can generally be classified as force majeure under Danish law. 

Pilgrim is under no circumstances, including in the event of delay, defects, product liability or otherwise, liable for operating loss, loss of profit or other indirect loss.

10. Intellectual property rights

All rights to Pilgrim’s trademarks, designs and other intellectual property rights, as well as to other rights that can be enforced by Pilgrim, are the sole property of Pilgrim.

The customer is granted a time limited, non-exclusive, non-transferable right to a non-exclusive, worldwide, royalty-free right to use, in a loyal manner, Pilgim’s trademarks, design rights, copyrights, and image rights on the customer’s website for the marketing and sale of Pilgrim’s Goods.

The right of use is attached to the Agreement and may be revoked by Pilgrim at any time. However, the non-exclusive right of use for Pilgim’s trademarks, design rights, copyrights, and image rights lapses immediately upon termination of the Agreement.

The customer is entitled to use Pilgrim’s trademarks as part of a subfolder URL string, but the customer is not entitled to register and/or maintain domain names containing Pilgrim’s trademarks. When exercising the right of use, the customer may not give the end customer the impression of being Pilgrim’s own web shop.

11. Personal data

In connection with fulfilling the customer’s order, personal data may be processed as part of fulfilling the contract. In some cases, the customer’s personal data will be passed on to other independent data controllers, such as a freight company, so that Pilgrim can fulfil the order. Personal data is processed with adequate security and stored only as long as is necessary. Reference is made to Pilgrim’s Personal Data Policy, which is available on Pilgrim’s website.

12. Applicable law and venue

The agreement must be subject to and interpreted in accordance with Danish law without regard to applicable rules of international private law, to the extent that application of such rules would lead to a different venue than Denmark. The Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

Any dispute that may arise from or in connection with the agreement, including disputes regarding its existence, validity or termination, must be settled by a Danish court in the jurisdiction of Pilgrim’s head office.

In the event that collection is necessary on Pilgrim’s part, Pilgrim may at any time choose to recover the debt at the customer’s jurisdiction, in accordance with the legislation of the country in question.