Terms and Conditions

1. Terms and conditions

These terms and conditions shall exclusively govern the sales transaction between Ortofon A/S and you: Ortofon A/S CVR-nr 17015028 Stavangervej 9 4900 Naksov Denmark e-mail: support@ortofon.dk("Ortofon") and you (the "Customer") collectively referred to as (the "Parties"). The website and the webshop is provided by Ortofon. These Terms and Conditions are subject to change at any time, without prior written notice to the Customer.

2. Order process and cancellation

The placement of an order by a Costumer is considered an offer and does not by itself create a legally binding agreement between the Parties. An order placed on the Ortofon website (www.ortofon-dj.com/shop) is not binding until accepted by Ortofon, by order confirmation sent by e-mail. When the purchase order is completed, a receipt confirming the purchase order will be sent to the e-mail address that the Customer has registered. Once this confirmation receipt is sent by Ortofon, the purchase agreement is entered and binding on the Parties. Ortofon reserves its right to cancel any order and not supply products at its sole discretion. Ortofon shall give notice to the Customer hereof as soon as possible via e-mail and any payment made for the products shall be refunded in full. Customer agrees to provide truthful information including name, e-mail address, mailing address, and billing address when placing an order.

3. Prices and Delivery

All prices stated on the Ortofon website are exclusive of shipping costs. The Customer may select a shipping method of his choice when placing an order. After selection of the shipping method, the shipping costs are shown . The shipping rates are as follows:

• UPS Standard delivery within the EU € 9,95-
• UPS Express Saver outside the EU € 19,95-

All prices shown on the Ortofon website are quoted in EUR (€), inclusive of Danish VAT, and may be subject to change without notification. The delivery time is stated at Ortofon's best estimate and shall not be binding on Ortofon unless a fixed delivery time is expressly agreed. Ortofon shall at its sole discretion be permitted to ship orders for multiple items either one by one or collectively unless agreed otherwise with Customer.

4. Defects

The Customer is obligated to examine the delivered goods immediately upon receipt for any defects and shall notify Ortofon of any visible defects or shortcomings immediately upon receipt, as any claims against Ortofon are otherwise forfeited. Any defect to the delivered goods is regulated by the Danish Sale of Goods Act (In Danish købeloven). The Customer shall give notice of any defect to Ortofon no later than 2 years after the date of delivery. The Customer shall only be entitled to claim remedy of defects in the products supplied and shall not be entitled to make any other claim for compensation, and the Customer shall not be entitled to rescind the purchase or claim a price reduction due to defects. Ortofon’s liability shall not extend to defects occurring in materials supplied by the Customer or in a design required by him, provided that the defect is not ascribable to work performed by Ortofon. In no event shall Ortofon be liable for any, indirect or consequential loss, including without limitation, any loss of profit, wasted expenditure, corruption or destruction of data or any other amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property. Ortofon’s liability shall not include defects arising from faulty maintenance or incorrect mounting carried out by the Customer, alterations or changes made without Ortofon’s consent in writing, repairs carried out improperly by the Customer or ordinary wear and tear or deterioration. Ortofon assumes no responsibility that the goods will be fit for any particular purpose for which the Customer may be buying the goods.

5. Terms of payment

Terms of payment shall be as set out in the order confirmation sent to the Customer by e-mail. If payment is not made on the due date at the latest, Ortofon may charge interest on the amount outstanding at the time in accordance with The Danish Late Payment of Commercial Debts Act (In Danish renteloven). The Customer shall not be entitled to retain any payment or set off any payment against any alleged outstanding claim on Ortofon that has not been approved by Ortofon. Ortofon shall retain title to the goods until full and effective payment has been made. The Customer's card will not be charged until the order is dispatched.

6. Payment methods

Ortofon accepts Visa, MasterCard, Maestro, and JCB for payment. The Customer can shop with confidence from www.ortofon-dj.com/shop, knowing that transactions are protected by the highest level of security via SSL encryption. The credit card will not be charged until the order is shipped. Please note: Ortofon will authorize the credit card used for payment at the time of order. As part of this authorization process, the bank of the credit card will place a hold on the account for the purchase amount of the order. The hold will be removed after a number of days determined by the banking institution - check with the specific bank for details.

7. Force Majeure

In case of a force majeure event – including, but not limited to, war and mobilization, civil commotion, catastrophes of nature, strike, lock-out, shortage of raw materials or water, fire, damage to  productive apparatus, shortage of transport, import and export embargo, or shortage of labor or any other circumstances which hinders or restricts the ordinary production process - the obligations of the Parties under this agreement are suspended for the time being while the event continues. In such event neither party shall be considered in breach of this agreement to the extent that the performance of the Party's obligations is prevented. Should a force majeure event occur and its effect continue for a period of more than 60 days, either Party shall have the right to terminate the agreement 10 days after giving notice hereof to the other Party. Such termination does not incur liability on the terminating Party.

8. Returns

The Customer has the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which the Customer acquire, or a third party (other than the carrier) indicated by the Customer acquires, physical possession of the goods or in the case of purchase of a service 14 days from the conclusion of the contract. To exercise the right of withdrawal, the Customer must inform Ortofon of the decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post, fax, or e-mail). The Customer may use the attached model withdrawal form under item 12, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for the Customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired. Upon withdrawal from this contract, Ortofon shall reimburse to the Customer all payments received, including the costs of delivery (with the exception of the supplementary costs resulting from the Customer's choice of a type of delivery other than the least expensive type of standard delivery offered by us) save for costs as mentioned below not later than 14 days from the day on which Ortofon is informed about the decision to withdraw from this contract and provided the product has been handed over to Ortofon. Ortofon will carry out such reimbursement using the same means of payment as used for the initial transaction, unless the Parties have expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement. The Customer shall send back the goods or hand them over to Ortofon, without undue delay and in any event not later than 14 days from the day on which withdrawal from this contract is communicated to Ortofon. The deadline is met if the Customer send back the goods before the period of 14 days has expired. Ortofon applies traceability on all products to ascertain quality in logistics. Therefore, all products should be returned in original packaging.

Ortofon factory address: Ortofon A/S Stavangervej 9 4900 Nakskov Denmark Ref: Return Order number. The Customer will have to bear the direct cost of returning the goods. The Customer is 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. Ortofon strives to secure the continuation of the excellent quality of our product range and cannot accept any defect or wear of the product upon dispatch to any buyer. As a result, the Customer will in any case be liable for the quality check and re-establishment by an authorised technician upon withdrawal and Ortofon's receipt of the goods. Furthermore, the Customer will be held liable for the reduction in value to which the product can be re-sold.  As a result any withdrawal will be reduced by i) the price of the technician, (at a rate of 100 € pr. hour), and ii) by 40% of the purchase price, (which equals Ortofon's 60% sale price for non-factory fresh products) as well as iii) any expense which might be needed for maintaining secure packaging. Any refund to the Customer will be reduced by these items/amounts. If the Customer requested to begin the performance of services as described under item 11 of this contract during the withdrawal period, the Customer shall pay Ortofon an amount which is in proportion to what has been provided until the Customer has communicated Ortofon withdrawal from this contract, in comparison with the full coverage of the contract.