Terms & Conditions of Sale

Terms and Conditions of Sale (“TCS”) for purchasing Prints from BORCH Editions ApS (“BORCH Editions”, “we”).

§ 1 Online Purchases

1.1 By purchasing products on our Website, you represent that you are eighteen (18) years of age or older and comply with our TCS.
1.2 We may store your full name, address, email address, telephone number (“Customer Information”) but not your credit card information in order to process your order and any applicable returns. Our use of this Customer Information is subject to our Privacy Policy.
1.3 You acknowledge and agree that you are solely responsible for the accuracy of your Customer Information.

§ 2 Point in Time of the Conclusion of Contract

2.1 The presentation of prints on our Website does not constitute a legally binding offer; it is a non-binding online catalog (so-called “invitatio ad offerendum”).
2.2 By clicking the button to confirm the purchase of a print (“Print”) the customer (“Customer”, “you”) submits a binding offer to purchase the Print(s) included in the shopping cart (“Order”).
2.3 You will receive notification of your order via email (“Order Notification”) directly after placing your order. The Order Notification does not constitute the acceptance of the contract; it informs you that your order has been received.
2.4 If the order is accepted, BORCH Editions accepts your order by sending you an email confirmation (“Order Confirmation”) within five (5) business days (“Conclusion of Contract”).
2.5 BORCH Editions always reserves the right to accept or deny your offer to conclude a purchase contract. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

§ 3 Prices / Shipping Costs

3.1 All prices for Print(s) on our Website are exclusive of VAT. 25% VAT will apply to private EU customers.
3.2 Prices for our Prints are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
3.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
3.4 Shipping of unframed Print(s) is free of charge. Additional costs apply for framed Print(s). Shipping fees for framed Print(s) have to be determined individually.
3.5 If a Print (framed or unframed) is to be shipped outside of the EU, additional import duties and taxes etc. will apply for the Customer. Please note that cross-border deliveries are subject to opening and inspection by customs authorities and that you will be deemed the importer for your orders and must comply with all laws and regulations of the country into which you intend to import the objects.

§ 4 Terms of Payment / Compensation

4.1 The total price is due immediately upon confirmation of your contract. In this context, BORCH Editions issues an invoice.
4.2 You may pay the total purchase amount and any related money transfer fees with the payment options of your choice as indicated on our Website.
4.3 You are not entitled to compensation unless your counterclaims are legally binding or undisputed.
4.4 BORCH Editions retains the title to each delivered work until we have received full payment.

§ 5 Delivery

5.1 The Print(s) will be shipped within 5 – 7 business days following conclusion of the contract.
5.2 Unless otherwise agreed, the delivery is made to the address specified by the Customer upon ordering. If delivery is made through a shipping company, we will contact the Customer to set up a specific delivery date. Accordingly, the Customer must provide the correct telephone number and email address.
5.3 If delivery to the Customer is not possible, either because the work to be delivered will not fit through the Customer’s entrance door, front door or staircase, or because the Customer is not at the delivery address provided, even though the delivery time was announced to the Customer with reasonable notice, the Customer is liable for the costs of the unsuccessful delivery.

§ 6 Right of Withdrawal / Return Policy

6.1 If you are unhappy with any product you purchase on our Website for any reason, you, as a consumer, have the right of withdrawal within fourteen (14) days.
6.2 To initiate a return, please get in touch with us first at info@nielsborchjensen.com to make arrangements.
6.3 After note of withdrawal, the Customer has fourteen (14) days to return the Print(s) securely wrapped in the original condition and original packaging along with the delivery note.
6.4 If the reason for the return is the result of our error, or if the item was damaged before it reached the Customer, we will refund the full amount. If the reason for the return is not the result of our error, we will refund the full amount paid for the Print(s) excluding the delivery costs.
6.5 Shipping costs for return shipments have to be paid by the Customer. We recommend using a delivery service with tracking information for the return shipment. In any case, a full refund (excluding or including delivery costs) will only be provided upon save return of the Print(s) at our facility in Copenhagen.
5.6 Please send the package to the following address: BORCH Editions, Prags Boulevard 49, 2. sal, 2300 Copenhagen S, Denmark. +45 32950936
5.7 If you have any other queries about our Return Policy, please email us at info@nielsborchjensen.com

§ 7 Insurance / Packaging / Condition / Handling

7.1 Any Prints purchased through our website are shipped with transportation insurance and are always properly packed to allow for safe shipping.
7.2 We have made every effort to display the images of the Prints on our Website as accurately as possible in regards to the colors and dimensions. We cannot guarantee that your computer monitor’s display of any color will be accurate. Variation in color and size from the images on our Website are possible and do not constitute defects.
7.3 A general handling instruction is enclosed with each delivery. Please follow the instructions in our handling instruction to avoid any damage to the Print(s).

§ 8 Severability Clause / Modification of the Conditions

8.1 We reserve the right to make changes to our Website, regulations and conditions, including these TCS at any time. The TCS and the General Terms and Conditions (“GTC”) – which can be found here and are incorporated herein by reference as if set forth fully here ¬– that are in effect at the time the order is placed are applicable to your order, unless a modification of these conditions is due to a law or official order (in this case the modifications also apply to the orders that you have made previously).
8.2 If any provision of these TCS or our GTC are wholly or partially invalid or unenforceable, or should these TCS or our GTC include gaps, the validity of the remaining provisions of this TCS and our GTC is unaffected. The invalid or unenforceable term is to be replaced, where possible, by statutory provisions. The same applies in the case of regulatory gaps.
8.3 These TCS and our GTC are not stored by BORCH Editions following the conclusion of the contract. They are available in their current form here.

Date: 30 September 2020