1 GENERAL INFORMATION
On below you will find our terms and conditions to order or buy goods on the Website.
This website is provided by MESSAGE A/S (hereinafter "MESSAGE"), A.F. Heidemanns vej 19, 9800 Hjørring, CVR-nr.10089859. If you experience problems with your order on the Website or the general use of the Website, please contact our Customer Service firstname.lastname@example.org or +45 96 23 22 96.
If you do not understand parts of the Terms and Conditions, we recommend that you contact Customer Service before you start shopping on the Website.
2 IMPORTANT NOTICE
You are only allowed to purchase products on the Website, if you are a private consumer.
These terms and conditions apply when you order or buy goods on the Website. The Terms and Conditions may be updated from time to time (for example to reflect changes in technology, our business model, our system capacity or in relevant laws and regulations), and we therefore ask you to accept the Terms and Conditions every time you shop with us. Any reference to "you" or "your" means you as a user of the Website, any reference to "we", "us" or "our" means MESSAGE.
If you do not accept these Terms and Conditions, you cannot order or purchase goods on the Website.
You have the right to withdraw from this contract without giving any reason within 30 days after the date on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods. Read more under "Right of withdrawal".
The rules on lack of conformity in the Danish Sale of Goods Act apply to your purchase, which means that you have certain statutory warranties for the goods' conformity with the contract. Read more under "Non-conforming goods and incorrect goods".
We reserve the right to exclude persons from purchasing via mbyM online shop. You must be at least 18 years old to purchase goods on the Website and possess a valid payment card that is accepted by us. If you are under the age of 18, you must have a legal basis for entering into a contract with us. You are solely responsible for submitting the correct information to the webshop.
Among other things, we reserve the right to cancel the contract of purchase in one of the following situations, without being liable for compensation or other costs:
- Your payment details are incorrect or cannot be verified
- Your order is placed with the purpose of committing fraud etc. or placed in connection with a criminal offense or other unlawful activities
- There is an inadvertent error on the Website, such as a payment error or the like
- We have reasons to believe that you are under the age of 18, and don’t have accept from your guardian.
Contracts can only be concluded on the Website. We do not process orders made in emails, letters or faxes.
At what point in the ordering process are you bound by your order?
A final and binding agreement between you and MESSAGE has been concluded when your order has been accepted by MESSAGE. We will send you an order confirmation by email when the order has been accepted and the shipping is underway. The order receipt received immediately after submitting the order does not constitute an order confirmation.
Before submitting the order you have the option of changing the information that you have provided, including delivery and billing information or payment information. Furthermore, you have the option of making changes to your order or to remove goods from your shopping basket.
Please contact our Customer Service if you made a mistake while placing your order - they are ready to help you.
After the conclusion of the contract, the provisions on withdrawal apply, see below.
Access to the Contract
You will receive a confirmation of the content of the contract and a copy of these Terms and Conditions by email. We store concluded contracts, including the order confirmation, for a certain amount of time, and we recommend that you save these documents as well; they may not necessarily be available on the Website subsequently.
Measures against fraud
In order to protect you and our other customers against fraud and maintain a high level of security for online purchases, we may carry out verification checks. The verification check may comprise the data that you send when ordering, including your address and payment information.
3 MEANS OF PAYMENT
We accept the following means of payment:
- Visa / Visa Elektron
Please note that some banks may impose additional fee for transactions on the Website. These fees are charged by the bank and MESSAGE cannot refund it. For more information, please contact your bank.
CVV (Credit Card Verification Number)
If you pay by credit card, you will be asked to enter the card's security code. You will find the three-digit security code on the back of your credit card, usually on the right side of the credit card's back. The security code is necessary for the payment to be processed and for maintaining a high level of security. There may also be other similar safeguards.
Discount vouchers issued by mbyM online shop are given as a % discount or a cash discount. The voucher can only be used in the webshop who issued the voucher. The voucher is personal, and must not be passed on to a third party. Only one voucher can be cashed in per order.
The voucher given to members of our mbyM customer club will be received by email. A voucher is valid for as long as the campaign in question is active, or if expiration is not noted on the voucher, for 60 days.
If you wish to return an item where a voucher has been used, you will only receive the amount actually paid. F.e. If you shop for 50 euro, and you have a voucher for 10 euro, you will only receive 40 euro if the item is returned.
If you have any problems cashing in a voucher, please look in our FAQ, under payment, where a procedure is described - or contact our customer service.
Once your goods leave our warehouse to be delivered, your payment will be debited on the selected payment service.
Transfer to other data controllers
In general, we do not transfer your personal data to a third party without your consent.
Generally your personal information is not passed on to a third party without your consent. However, information that is used for delivery of goods will be transferred to the shipping company used by MESSAGE.
Under specific circumstances and with reference to legislation, it might be necessary to transfer information to suppliers with whom we cooperate to support our business, creditors, public authorities or the police. For example, information may be disclosed to the police in case of suspicion of credit card fraud. In the case of a re-organization, full or partial sale of the company, any disclosure in such connection will be in accordance with current legislation for the processing of personal data.
4 PRICES AND DELIVERY
All prices are stated inclusive of Danish VAT and other Danish charges. The applicable price is the one stated on mbyM online shop in respect of the relevant product on the date of placing the order.
Any customs or import duties are charged once the order reaches its destination country and must be paid by the recipient of the order. We have no control over these charges and cannot predict what they may be. Custom policies vary widely from country to country. You may want to contact your local customs office for further information.
We reserves the right to amend prices, fees and/or other costs stated on mbyM online shop at any time e.g. due to changes in VAT-rates or other public fees and charges, increase in cost level, or as a result of the usual development in retail prices in Denmark. We reserve the right to claim that prices have been misprinted on the mbyM online shop.
All orders are sent from Denmark. When ordering products via mbyM online shop, an amount of maximum 5 euro will be added in payment of shipping costs, depending on the number of purchased goods. However, to some countries we do offer free delivery on orders over 70 €. Please note we do not offer free delivery to Spain.
MESSAGE has no obligation to deliver goods which are out of stock. MESSAGE will usually accept the order and ship the order within 24 hours on working days. The usual time of delivery is 3-5 weekdays calculated as from the time of dispatching the order confirmation. This may vary from country to country.
The website delivers to the following countries Denmark, Germany, Holland, Belgium, Austria, Sweden, Luxembourg, Finland, Italy, Ireland, Poland, United Kingdom, Great Britain and Spain.
Please note that the risk of loss of or damage to the goods passes to you after delivery. If the package appears to be damaged you should refuse to receive the goods. If you wish to complain about any lack of conformity, you are required to give notice to us. Please read more under "Non-conforming goods and incorrect goods".
If your order consists of multiple goods, we reserve the right to make separate deliveries. Separate deliveries may be necessary if certain goods are delayed or out of stock at the time of order. You will be informed if your order is subject to separate deliveries. You will not be charged with additional delivery costs for separate deliveries.
5 RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract. The withdrawal period will expire 30 days after the date on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods.
In case of a contract relating to multiple goods ordered in one order and delivered separately (i.e. separate deliveries), the withdrawal period shall expire 30 days after the date on which you acquire or a third party other than the carrier and indicated by you acquires physical possession of the last good.
You can return in our 26 MESSAGE stores in Denmark or return to MESSAGE at the address below. You can see where our stores are located at MESSAGE.dk under "Shops".
The name and address where to the goods must be returned:
A.F. Heidemanns vej 19
Withdrawal from the contract will be deemed in due time if, before expiry of the period, you have handed over the goods to the postal services or other services having undertaken to be in charge of the dispatch of the goods to mbyM online shop. If you wish to retain proof that you have withdrawn from the contract in due time, you may for example keep the receipt stating that you have handed over the goods to the postal services, etc., for the purpose of dispatch
Unless otherwise agreed, you must pay the costs of the return shipping of the goods (postage/freight). If MESSAGE, according to the contract, has made replacement delivery due to the circumstance that the order could not be delivered in full, the shipping cost will be covered by MESSAGE.
If you exercise your right of withdrawal on your full order (i.e. all good on the total order are returned), we will refund all payments received from you, including delivery costs (excluding extra costs due to your own choice of delivery form other than the cheapest form of standard delivery that we offer). The refund is made using the same payment method you used at the purchase. The delivery costs will only be refunded, if you return the full order.
A general condition is that you can return the goods in essentially the same state and volume they were in, when you received them. If this demand is not met, a significant decrease of value of the good will happen.
Please note that you can loose your buying amount partially or fully. That happens if the value of the purchased item has decreased, because it has been used. Or it has been damaged in your care or it has been mishandled in an unnecessary way. MESSAGE will determine the value of the item. As an example, goods that appear to have been used or clearly damaged will be reduced with 80% of the value as a minimum. If an item is determined unfit to be sold, the reduction will be 100%.
6 NON-CONFORMING GOODS AND INCORRECT GOODS
If your goods are non-conforming or we have delivered the incorrect goods, please contact our Customer Service. If you notice the non-conformity or incorrect goods at the time of delivery, you should refuse to receive the goods.Notification of non-conforming or incorrect goods errors can under no circumstances be made later than two years from the date of purchase.
In case of non-conforming goods or incorrect goods, you can choose between the following options:
- Return the goods and receive a refund of the purchase price and all delivery costs when our Customer Service has processed the returned goods,
- Return the goods and receive similar goods when our Customer Service has processed the returned goods, provided we can supply an equivalent, or
- Keep the goods and request a proportionate reduction of the purchase price
When contacting Customer Service, you will be asked to provide the order number, possibly the goods/item number, and to describe what is wrong with the goods etc.
You are not responsible for costs associated with the return of non-conforming goods or incorrect goods. We will refund the purchase price and of course the delivery costs once we have received the goods, unless you choose to receive new goods to replace the original goods.
7 OTHER MATTERS
Updating the website
We do our best to update the Website and to ensure that prices, offers, descriptions and other information concerning the goods are correct. Typographical errors and errors in prices, offers, descriptions and other information concerning the goods may occur, and sometimes we discover that the prices on goods are incorrect.
We are not responsible for delays or failure to meet our obligations in relation to the Terms, if the delay or the non-compliance is due to events beyond our control. MESSAGE is not liable for delays or for non-performance due to force majeure. For as long as a force majeure situation persists, mbyM is relieved from performance of its obligations.
We are liability for any and all claims, including damages is in any circumstances, except in case of unlawful intent or gross negligence, and in addition to the above, limited to an amount equal to the price of the good purchased by the customer relating to the dispute. The aforesaid monetary limitation applies irrespective of the basis thereof and includes claims based on acts of negligence, strict liability, breach of warranties, penalties, liquidated damages and/or punitive damages. MESSAGE assumes product liability vis-a-vis consumers under applicable law without any limitations.
The completeness of the contract
These Terms and Conditions constitute the complete terms of the contract between us.
If one or more of the provisions in the Terms and Conditions are declared fully or partially invalid, the remaining provisions still apply.
We are entitled to assign our rights and obligations under the contract with you to third parties. The standard of the service you receive will not be impaired by the assignment. We will notify you of such possible assignment. By accepting these conditions you consent to any such future assignment. At the same time, you agree that from the time when we have given you notification of the assignment, your rights may be claimed only against the third party in question.
Right to complain
In case you wish to complain about goods purchased from us, please contact our Customer Service. You can contact our Customer Service by telephone, email or ordinary mail. You can find our contact information under "General information" above.
Choice of law and jurisdiction
Any contracts concluded between us using these Terms and Conditions are governed by Danish law. Any dispute which may arise in connection with our contract, including its existence or validity, must be brought before a competent court in Denmark.