Copenhagen,
Denmark,
February 2020
General Terms
By placing an order, the retailer is deemed to have read and accepted the following terms and conditions, which are always available at www.ironfortress.com.
1. Receipt of Order and Formalization of Agreement
1.1. Order Procedure
Immediately before
final confirmation of the order online, the retailer will see the total amount
of the order on ironfortress.com. Before final confirmation of the order, the
retailer will have the opportunity to correct any errors or mistakes. Shortly
after confirmation of the order, the retailer will receive an e-mail at the
e-mail address stated by the retailer during the ordering process, which serves
as confirmation of the order. The email contains order information confirmed by
the retailer including a temporary order number, name and address, delivery
address, and summary of ordered products.
Iron Fortress
requires payment in full before shipping out orders.
Before the order
is shipped, Iron Fortress ApS (hereinafter "Iron Fortress") will send
an invoice by email. VAT is added to all orders placed by Danish retailers.
Additionally, VAT is added to orders placed by retailers within the EU, which
do not have a
valid VAT number.
The final
agreement between the retailer and Iron Fortress is considered binding when
Iron Fortress has confirmed the order placed by the retailer, by emailing an
invoice. The retailer is
responsible for checking the invoice. If any information, in the retailer’s
opinion, does not correspond with the order placed, the retailer is encouraged
to save and print the order confirmation for later documentation, if needed.
1.2. Retailer information
The retailer is
responsible for and holds all risks associated with the correctness of the
information entered about the retailer. Iron Fortress does not validate nor
check this information before every order. If the retailer's VAT number becomes
inactive and Iron Fortress is not informed accordingly before the relevant
order, then the VAT will be invoiced separately once Iron Fortress is informed
of the inactive VAT number via the Danish tax authorities or otherwise.
1.3. Invoice
In addition to the
emailed invoice, Iron Fortress will include a printed delivery note in the
order package when the order is shipped.
1.4. Changing closed and packed orders
If the retailer
wishes to change a closed or already packed order, Iron Fortress will charge an
extra 35 Euro handling fee.
1.5. Missing or withholding payment of invoice
Resellers
are obliged to pay the order invoice immediately upon receiving the invoice via
email which Iron Fortress considers to be the first reminder. In case of:
a. If the order has not been paid
within a business week, Iron Fortress will send a 2nd reminder by
email.
b. If the order has not been paid for
within two business weeks, the order will be considered cancelled and the
reseller will receive a handling fee of 35 Euro + 10% of the total order value
on separate invoice, which must be paid before another order can be placed with
Iron Fortress.
1.6. Return policy for defective products
Iron Fortress only
accepts returns for defective products. To return defective products, first
contact Iron Fortress via email, phone +45 6591 9702 or Skype. Iron Fortress
will ask for photos to evaluate the alleged defect. If Iron Fortress accepts
the defect, then Iron Fortress may ask the retailer to break the product and
send photos of the broken product before issuing a credit note. Otherwise Iron
Fortress will ask the retailer to ship the product(s) back at own cost. When
items are returned to Iron Fortress for any reason, the following information
must be disclosed, in writing and included in the return package:
a. The name of the Iron Fortress
employee who has approved the return
b.
Reason for the return
c. Invoice number on which the
item was invoiced from Iron Fortress
d. The item product code
number(s)
e. The number of items that are
included in the returned shipment/package.
1.7. Account termination
If the retailer
has not placed an order with Iron Fortress within the last 6 months, the retailer's
account will be put on hold and only reopened with a new opening order. If the
retailer has not placed an order with Iron Fortress within the last 12 months,
the retailer's account will be terminated, and all pictures owned by Iron
Fortress must be removed from the retailer’s website and catalogues.
2. Prices and Payment
2.1. Prices and Currency
The price
applicable is the price stated on the website in connection with the specific
product at the time the order is placed. Orders with a delivery address in
Denmark will be charged in Danish Kroner (DKK), while all other deliveries will
be charged in Euro (EUR).
2.2. Recommended Retail Price.
Iron Fortress has
a recommended retail price (RRP) for every product. The RRP is the price we recommend
as the end/final price for end-users including all national and local duties.
The RRPs for customers in all territories are stated including value added tax
(VAT) of 25%. “Your Price” states the retailer’s purchase price without
VAT. The Iron Fortress website shows the current RRP to help retailers
set the same or a very similar retail price for the products in their
territories.
2.3. Value Added Tax
For delivery
outside the EU, the local customs authorities may collect VAT and duty as well
as other levy dues. Iron Fortress is neither liable nor responsible for whether
or not the local customs authorities collect these taxes, etc. It is the
retailer’s own responsibility to pay these taxes and duties, even though these
are not specified in the order confirmation or the invoice. Outside the EU,
Iron Fortress ships duties unpaid.
2.4. Cost of delivery (shipping cost)
For all orders
placed with Iron Fortress under the “Bank Transfer Terms,” the cost of delivery
is added to the order to cover the shipping fee. The shipping fee will be
calculated after the order has been packed, and only appears on the final
invoice and not in the web shop.
2.5. Payment terms
Iron Fortress
requires payment in full before shipping out orders.
2.6. Payment by bank transfer
Bank Information
Bank …………… : Sydbank, Hovedvejen 87, 2600
Glostrup, Denmark
IBAN Euro.…. : DE33215106001000561710
BIC/SWIFT……….... : SYBKDK22
DK: 79801121306
2.7. Payment via credit card
Iron Fortress does
not accept payment via credit card for business orders.
2.8. Payment via PayPal
Iron Fortress does
not accept payment via PayPal for business orders.
2.9. Property rights
Iron Fortress
reserves the property right and title to products ordered by the retailer until
receiving payment in full.
3. Order and Delivery
3.1. Transport and risk of
loss
The products will be shipped according to the latest
Incoterms 2000, Ex Works, and the risk of loss transfers to the retailer upon delivery
of the products to the carrier.
3.2. Opening order and
reorders
The minimum requirement to
make an initial opening order is 100 Euros. Reorders under 100 Euro will incur
a surcharge of an additional 25 Euro.
3.3. Orders
Iron Fortress reserves the right to treat every order
as an individual order and may choose to send them individually or collect
separate orders, from the same buyer, to send as one, in order to cut down on
shipping expenses. If the retailer wants special attention made
towards their order, in terms of shipping or packing they can add
these requests as a comment when making the order.
3.4. Invoice
After placing an online order, the invoice will be
emailed to the retailer before the order is shipped. It is the retailer’s
responsibility to check the invoice against the order.
3.5. Backorders
Iron Fortress will register
the retailer's orders for sold out items, i.e. backorders. If the sold-out
items are available by the time a new order has been received from the retailer,
these items will added to the next delivery and invoices will be sent at the
same time.
Backorders are binding unless the retailer requests to have their backorder
deleted. To delete a backorder, the retailer must send a mail to orders@ironfortress.com with the subject name “Delete backorder” and request for their
backorder to be deleted in parts or completely.
Backorders should be considered corrected and/or deleted once the retailer
has received a written confirmation via email from Iron Fortress..
3.6. Dispatch
The estimated dispatch time is within 1 business day
after receiving payment confirmation. Iron Fortress cannot state a time of
arrival of the order at the retailer’s address as Iron Fortress cannot vouch
for the local delivery services.
3.7. Delivery and transport
Iron Fortress will use a shipping company assigned by
Iron Fortress, unless the retailer states otherwise. All shipments from Iron
Fortress are handled by internationally recognized freight companies, but the
companies used may change from time to time. Delivery is made to the shipping
address specified by the retailer.
3.8. Insurance
Shipments will not be insured unless the retailer
contacts Iron Fortress specifying and paying for the insurance needed for
shipments to a specific address.
3.9. Drop-ship
Iron Fortress does not offer a drop ship service at
this time.
4. Products from Iron Fortress
4.1 General
Iron Fortress' products are mostly handmade and/or hand-painted
and therefore unique. As a result, the products have natural deviations in
patterns, colors and shapes, which are not considered defects or faults.
4.2 Warning labels
For insurance purposes, the retailer may not at any
time remove Iron Fortress' warning labels from the products. Iron Fortress will
not be responsible for products without hangtags and warning labels.
4.3 Sales Channels for Iron
Fortress products
Iron Fortress reserves the right to be the sole
distributor of Iron Fortress products sold on third-party sites including, but
not limited to E-bay, Amazon, Facebook and Instagram. Unless explicit written
permission is given, Iron Fortress does NOT allow the reselling of Iron
Fortress products on third party sites. If retailers do not have an explicit
written permission provided by Iron Fortress, Iron Fortress reserves the right
to end business relations immediately. If retailers wish to use third-party
resale sites as part of their sales strategy, retailers can contact Iron Fortress
and ask for permission to sell products on the specified third-party site.
5. Intellectual Property
Iron Fortress is the sole owner of the brands “Epic
Armoury,”“Dark Moon,”“Stronghold,”“Epic Effect,”“Zombieløbet,”and the “Ready
for Battle”series, including copyrights and trademarks for the designs and
names of the products and brand logos.
All content on Iron Fortress' and Epic Armoury's
websites, including but not limited to images, artwork, text, audio clips, and
video clips, are unless otherwise stated, owned and controlled by Iron Fortress
and may not in any way be reproduced, copied, republished, uploaded, posted,
transmitted or distributed. Modifications of the content or unauthorized use of
the content for any purpose is a violation of Iron Fortress´legal rights. The
use of any Iron Fortress content on any other website or networked computer
environment is prohibited unless explicitly authorized. Any permission to use
such material must be issued by Iron Fortress in writing to be valid.
These Terms and Conditions authorize retailers that sell Iron Fortress products
on their websites to use pictures and other content owned by Iron Fortress on
the condition that these retailers have the text below written in their website
terms section or on their front page:
All Epic Armoury, Stronghold, Ready For Battle, Epic
Effect, and Dark Moon content on this site is owned by and used with the
permission of Iron Fortress International.
6. Data Registration
After registration in the “Retailer Inquiry form” the retailer
is highly recommended to sign up for the free Epic Armoury retailer newsletter
in order to continuously receive important news and other information from Iron
Fortress. Please use this link to sign up:
The retailer may
at any time unsubscribe to this service at no charge.
7. Reservation, changes and typographical errors, etc.
Iron Fortress
reserves the right to change these Terms and Conditions from time to time as it
sees fit and the retailer's continued use of www.ironfortress.com will signify
its acceptance of any adjustment to these terms. The retailer is therefore
advised to re-read these Terms and Conditions from time to time.
8. Limited Liability
Iron Fortress is
not liable for typographical errors and picture errors, sold-out situations,
changes in value added tax and duty rates, and late or defective delivery due
to force majeure events.
9. Governing Law and Venue
Should any part of
these Terms and Conditions be deemed unlawful and invalid and thus not
enforceable, this will not affect the validity and enforcement of the remainder
of the Terms and Conditions. Any provision of this agreement held invalid or
unenforceable only in part or degree will remain in full force and effect to
the extent not held invalid or unenforceable.
All purchases,
disputes, and complaints made under or related to these Terms and Conditions
are subject to Danish law. Any dispute will be settled at the Danish Maritime
and Commercial Court of Law, the “Sø –og Handelsretten,” in Copenhagen,
Denmark.
10. Contact and Bank Information
CEO - René Vendt:
|
rene[at]ironfortress.com
|
General Questions:
|
info[at]ironfortress.com
|
Warehouse Manager:
|
jais[at]ironfortress.com
|
Office:
|
+45 65 91 97 02
|
Web:
|
www.ironfortress.com
|
VAT:
|
DK 30558758
|
Address
|
Iron Fortress
|
Bank Information
Bank …………… : Sydbank, Hovedvejen 87, 2600
Glostrup, Denmark
IBAN Euro.…. : DE33215106001000561710
BIC/SWIFT……….... : SYBKDK22
DK: 79801121306
These Terms and
Conditions form part of the agreement between the retailer and Iron
Fortress. By placing an order at www.ironfortress.com, the retailer
indicates agreement to and understanding and acceptance of these Terms
and Conditions.
All prices are without vat