1. Scope

These Terms and Conditions apply to the sale and delivery of goods and services from CMG1 ApS, trading as Copenhagen Merchandise Group (“CMG”), to business customers.

CMG operates exclusively on a B2B basis.

These Terms and Conditions apply unless otherwise expressly agreed in writing between CMG and the customer.

In the event of any conflict between these Terms and Conditions and a specific order confirmation, the order confirmation shall prevail.

2. Quotations and prices

Quotations from CMG are generally valid for 30 days from the date of the quotation, unless otherwise stated.

All prices are quoted excluding VAT, unless expressly stated otherwise.

Prices may depend on, among other things, the product, quantity, material, printing or production method, artwork, customisation and other product specifications.

Any shipping costs, customs duties, taxes or other delivery-related charges will be stated in the relevant quotation or order confirmation.

3. Orders and order confirmation

An order becomes binding when CMG has issued a written order confirmation to the customer.

The customer is responsible for checking that the information in the order confirmation is correct.

Any changes after the order confirmation require CMG’s written approval and may result in changes to the price and delivery time.

4. Mock-ups, artwork and customer approval

Before production begins, the customer will generally receive final artwork, a proof or mock-up for approval.

The customer is responsible for checking all information and details before approval, including, but not limited to:

logos, text, spelling, colours, placement, sizes, quantities and other product specifications.

Once the customer has approved the material, CMG will produce the order based on the approved version.

CMG is not responsible for errors in materials, information or specifications approved by the customer, unless the error is caused by CMG producing the goods contrary to the approved proof.

5. Changes and cancellations

If the customer wishes to change or cancel an order after the order confirmation has been issued, this requires CMG’s written approval.

Once production has started, the order can generally no longer be changed or cancelled.

If the customer requests a cancellation or change after CMG has already incurred costs relating to, for example, design, materials, suppliers or production, the customer may be charged for the documented costs already incurred.

6. Production and tolerances

As CMG supplies customised and made-to-order products, normal production variations may occur.

Tolerances may vary depending on the product, material, production method and supplier.

This may include minor variations in colour, size, placement, material or other product specifications.

Where specific tolerances apply to a particular product, these may be stated in the quotation, order confirmation or relevant product specification.

Normal and product-specific tolerances shall not in themselves be considered defects.

7. Payment

The applicable payment terms will be stated in the quotation, order confirmation or invoice.

CMG normally applies payment terms of 14–30 days, depending on the customer and the specific agreement.

In the event of late payment, CMG may charge interest and any applicable fees in accordance with Danish law.

8. Delivery

Delivery times depend on, among other things, production conditions, suppliers, transport, customs clearance and other circumstances that may affect the specific order.

Stated delivery times are generally estimates, unless a specific delivery date has expressly been confirmed by CMG as binding.

CMG will endeavour to inform the customer as soon as reasonably possible in the event of significant delays.

Delays caused by factories, suppliers, carriers, customs authorities or other external parties will be handled based on the specific circumstances.

The delivery method, delivery location and any applicable delivery costs will be stated in the relevant order or order confirmation.

9. Inspection upon delivery and complaints

The customer must inspect the delivered goods as soon as possible after receipt.

Visible defects, faults or discrepancies must be reported to CMG in writing without undue delay and no later than 10 days after delivery.

Defects or faults that could not reasonably have been identified upon receipt must be reported to CMG without undue delay after the customer becomes aware of them.

A complaint should, where possible, include a description of the issue together with relevant photographic documentation.

In the event of a justified complaint, CMG shall generally have the right first to:

remedy the defect, reproduce the goods or provide replacement goods

before any full or partial refund is considered.

10. Customer materials and intellectual property rights

The customer is responsible for ensuring that it holds the necessary rights and permissions to use any logos, trademarks, designs, images, text or other materials supplied to CMG.

CMG may use such materials to the extent necessary to fulfil the customer’s order.

The customer is responsible for claims from third parties arising because materials supplied by the customer infringe the rights of a third party.

11. Designs created by CMG

Original designs, creative concepts, artwork and other creative work created by CMG remain the intellectual property of CMG unless otherwise expressly agreed in writing.

Any transfer of rights must be agreed separately and in writing.

12. Cases, portfolio and marketing

CMG may use images and materials from completed customer projects in, for example:

its website, portfolio, case studies, presentations and social media.

This applies unless the customer informs CMG in writing, either before or after the project, that the project may not be used for such purposes.

CMG will not publish confidential information in connection with such use.

13. Confidentiality

CMG will treat confidential information received from the customer as confidential.

Information may, however, be shared with relevant suppliers, manufacturers, advisers or business partners to the extent necessary to fulfil the order.

The confidentiality obligation does not apply to information that is already publicly available or that CMG is legally required to disclose.

14. Force majeure

CMG shall not be liable for delays or failure to perform where this is caused by circumstances beyond CMG’s reasonable control.

Such circumstances may include, but are not limited to:

factory closures, strikes, transport disruption, war, civil unrest, government action, customs issues, import or export restrictions, shortages of raw materials, energy supply problems, major supplier disruptions, natural disasters, epidemics or other extraordinary circumstances.

If a force majeure event occurs, CMG will inform the customer as soon as reasonably possible.

15. Liability

CMG shall be liable in accordance with the general rules of Danish law, subject to the limitations set out in these Terms and Conditions.

CMG shall not be liable for indirect losses, including loss of operations, loss of profit, loss of revenue, loss of savings or other consequential losses.

CMG’s total liability in connection with a specific order shall, as a general rule, be limited to the value of the order to which the claim relates.

The limitation of liability shall not apply to the extent that otherwise follows from mandatory law.

16. Governing law and disputes

Any agreement between CMG and the customer shall be governed by Danish law.

Any dispute that cannot be resolved amicably between the parties shall be settled by the Danish courts.

17. Changes to these Terms and Conditions

CMG may update these Terms and Conditions from time to time.

The version applicable to a specific order will generally be the version in force at the time the order confirmation was issued, unless otherwise agreed.

18. Contact details

CMG1 ApS
Copenhagen Merchandise Group
CVR No.: 3772 6660
Spangen 1A
4720 Præstø
Denmark

Email: cmgmerchandise@gmail.com
Phone: +45 3172 1137