Copenhagen, June 4th 2024

Iron Fortress Europe - General Terms

For resellers in Europe, Asia, Australia and Africa

Show me Terms for Iron Fortress America.

 

1. Agreement and Order Processing

1.1 Receipt of Order and Formalization of Agreement
When you place an order with Iron Fortress Europe and accept the general Terms outlined below, you agree to engage in business with Iron Fortress ApS in Denmark, a company governed by Danish law. The reseller is considered to have read and agreed to the terms and conditions provided, which are consistently updated and accessible at www.ironfortress.com.

1.2 Reseller Information
The reseller is responsible for and holds all risks associated with the correctness of the information entered about the reseller. Iron Fortress ApS (hereinafter "Iron Fortress") does not validate nor check this information before every order. For example, suppose the reseller's VAT number becomes inactive, and Iron Fortress is not informed accordingly before the relevant order. In that case, the owed VAT will be invoiced separately once Iron Fortress is notified of the inactive VAT number by the Danish tax authorities or otherwise.

1.3 Order Procedure
Before finalizing the online order at ironfortress.com, the reseller will be presented with the total amount due. There will be an opportunity to correct any errors before confirming the order. Once the order is confirmed, the reseller will receive a confirmation email with a temporary order number, the reseller’s name and address, delivery address, and a summary of the products ordered, excluding shipping costs. It is the reseller's responsibility to contact Iron Fortress if any corrections to the order are needed. Iron Fortress requires full payment before dispatching any orders.

1.4 Invoice and Order Confirmation
Before the order is shipped, Iron Fortress will send an invoice by email, including invoice number, name and address, a summary of ordered products and the cost of shipping. VAT is added to all orders placed by Danish resellers. Additionally, VAT is added to orders placed by resellers within the EU, which do not have a valid VAT number. The agreement between the reseller and Iron Fortress becomes binding once Iron Fortress confirms the order by sending an invoice via email. It is the reseller's responsibility to review the invoice for accuracy.

1.5 Changing Closed and Packed Orders
In case the reseller needs to modify an order that has already been closed or packed, Iron Fortress will apply an additional handling fee of 40 Euro.

1.6 Missing or Withholding Payment of an Invoice
The reseller is required to pay the order invoice immediately upon receipt via email, which Iron Fortress treats as the initial reminder. The following actions will be taken in cases of non-payment:

a. If the invoice remains unpaid for one business week, Iron Fortress will issue a second reminder via email.
b. If the invoice remains unpaid for two business weeks, the order will be considered canceled, and the reseller will be charged a handling fee of 40 Euros plus 10% of the total order value. This fee will be billed on a separate invoice and must be paid before the reseller can place another order with Iron Fortress.
c. In the case of overdue payments, Iron Fortress reserves the right to institute a reminder system to notify customers of outstanding balances. A reminder fee, calculated at an interest rate equal to the sum of the European Central Bank's (ECB) reference rate plus 8 percentage points, will be applied for each month that the payment remains overdue. This fee aims to cover administrative costs associated with managing overdue accounts and serves as an incentive for the prompt settlement of outstanding balances. Customers are responsible for ensuring that payments are made according to the agreed-upon terms to avoid incurring reminder fees. Iron Fortress will make reasonable efforts to communicate reminders and late payment fees to customers in a timely manner. It is the customer's responsibility to keep their contact information updated to receive such notifications. Iron Fortress retains the right to adjust reminder fees and their application at its discretion in accordance with applicable laws and regulations.

1.7 Return Policy
Iron Fortress accepts returns or issues credit notes for defective products up to one year after purchase. If you encounter a defective product, please take the following steps:

1. Download the Iron Fortress Defective Products Registration Sheet.
2. Enter the information in the sheet, save it, and return it to info@ironfortress.com along with pictures of the defective products.
3. Name the "Subject" in the email "Defective Products – Reseller Company Name."

Upon reviewing your claim, Iron Fortress may instruct the reseller to destroy the defective product and provide photographic evidence before issuing a credit note. Alternatively, Iron Fortress may request that the reseller send the product back at their own expense.

When returning items to Iron Fortress, please include the following information in writing with your return package:

1. The name of the Iron Fortress employee who authorized the return.
2. The reason for the return.
3. The invoice number under which the item was sold.
4. The product code number(s) of the item(s).
5. The quantity of items included in the return.
1.8 Account Termination
If a reseller has not placed an order with Iron Fortress within the last 12 months, their account will be suspended, and can only be reactivated with a new order. Additionally, if a reseller has not placed an order within the last 18 months, their account will be terminated. Upon termination, the reseller must remove all images owned by Iron Fortress from their website and catalogs within 36 months of the date of the last order.

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 intended as the final selling price to end-users including value-added tax. “Your Price” states the reseller’s purchase price without VAT after discount has been deducted.

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 reseller’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 Delivery Costs (Shipping Costs)
For every order placed with Iron Fortress, a delivery cost will be added to cover shipping fees. This fee is determined once the order is packed and is reflected only on the final invoice, not on the web shop. Resellers may choose to collect their orders directly from our warehouse or arrange for their own freight service to pick up the order. Please read our shipping instructions for detailed information.

2.5 Payment Terms
Iron Fortress requires payment in full before shipping any orders. Orders will be retained until complete payment is received. Additionally, Iron Fortress retains ownership and title of all products ordered by the reseller until full payment has been made.

2.6. Payment by bank transfer
Bank Details:
Sydbank, Hovedvejen 87, 2600 Glostrup, Denmark
BIC/SWIFT: SYBKDK22
DKK account.... Sort code 7980 account no.: 0001120084
IBAN: DK5979800001120084
EUR account.... Sort Code 7980 account no.: 0009401981
IBAN: DK3079800009401981
GBP account.... Sort Code 7980 account no.: 0009402765
IBAN: DK0879800009402765

2.7 Payment via Credit Card
Currently, Iron Fortress does not accept credit card payments for business orders.

2.8 Payment via PayPal
Currently, Iron Fortress does not accept PayPal payments for business orders.

3. Third-Party Sales and Distribution Policy

3.1 Authorized Sales Channels for Resellers

Resellers are authorized to sell Iron Fortress products through the following channels:
1. Physical Retail Store: Resellers may sell the products in their own physical retail store(s).
2. Online Store: Resellers may sell the products on their own website or other online platforms they own and operate.
3. Traveling Merchant: Resellers are permitted to sell the products as traveling merchants. This includes, but is not limited to, setting up booths or stalls at conventions, fairs, trade shows, markets, and other similar events.
All sales channels must comply with Iron Fortress's branding guidelines, quality standards, and any other applicable policies. Resellers are responsible for adhering to all relevant laws and regulations in the regions where they sell the products.

3.2 Third-Party Platform Distribution Policy

Iron Fortress maintains exclusive rights as the sole distributor of its products on third-party platforms, including but not limited to eBay, Amazon, Facebook, and Instagram. Reselling Iron Fortress products on these or any other third-party sites without explicit written consent from Iron Fortress is prohibited. Failure to comply with this policy will result in the suspension of the reseller's account until compliance is achieved. Repeated violations will result in the immediate termination of business relations. Resellers interested in incorporating third-party resale sites into their sales strategy should contact Iron Fortress to request permission for selling products on specified platforms. Please note that the third-party sites "Temu" and "WISH" are categorically excluded from approval for resale activities.

4. Order and Delivery

4.1 Transport and Risk of Loss
Products will be shipped in accordance with Incoterms 2000, specifically Ex Works unless you require us to send by DAP-Incoterms 2020, in which case will be paid by you.

4.2 Opening Order and Reorders
The minimum requirement to make an initial opening order is 400 Euros. Reorders under 250 Euro will incur a surcharge of an additional 25 Euro.

4.3 Order Processing
Iron Fortress reserves the right to handle each order independently and may ship them separately or consolidate multiple orders from the same buyer into a single shipment. Additionally, if the reseller has specific requirements regarding shipping or packaging, they may include these requests in the "Order Notes" section during the ordering process.

4.4. Invoice
After placing an online order, the invoice will be emailed to the reseller before the order is shipped. It is the reseller’s responsibility to check the invoice against the order.

4.5 Backorders
Iron Fortress will record orders for items that are sold out and place them on backorder. Resellers can access and manage their backorders online and are responsible for keeping their information current. When items on backorder become available, they will automatically be included in the next scheduled order by default.

4.6 Dispatch
The estimated dispatch time for orders is within 1 business day following receipt of payment confirmation. Iron Fortress cannot provide a specific arrival time for orders at the reseller’s location as we do not have control over the performance of local delivery services.

4.7 Delivery and Transport
Iron Fortress will select a shipping company for order dispatch unless the reseller specifies an alternative. All shipments from Iron Fortress are managed by internationally recognized freight companies, although the specific carrier used may vary occasionally. Deliveries will be made to the shipping address provided by the reseller.

4.8 Drop-Ship
Iron Fortress does not offer a drop-ship service.

5. Products from Iron Fortress

5.1 Product Characteristics
Iron Fortress' products are predominantly handmade and/or hand-painted, making each item unique. Consequently, variations in patterns, colors, and shapes are natural characteristics of these products and should not be regarded as defects or faults.

5.2 Warning Labels
For insurance purposes, resellers are prohibited from removing Iron Fortress' brand warning labels from the products at any time. Iron Fortress will not assume responsibility for any products that are missing hangtags and warning labels.

6. Intellectual Property

Iron Fortress exclusively owns the brands “Epic Armoury,” “Yoremade,” “Medieval Marchant,” “Dark Moon,” “Stronghold,” “Epic Effect,” “Light Kit,” and “Ready for Battle,” including all related copyrights and trademarks for product designs, names, and brand logos.

Content on the Iron Fortress, Yoremade, Medieval Marchant and Epic Armoury websites, including but not limited to images, artwork, text, audio clips, and video clips, is owned by Iron Fortress unless stated otherwise and may not be reproduced, copied, republished, uploaded, posted, transmitted, or distributed in any way. Modifying the content or using it without authorization constitutes an infringement of Iron Fortress’ legal rights. Using any Iron Fortress content on another website or networked computer environment is prohibited without explicit written authorization from Iron Fortress.

These Terms and Conditions grant permission to resellers to use images and other materials owned by Iron Fortress on their own websites under the condition that the following text is included in their website terms section or on their front page:
“All content related to Epic Armoury, Yoremade, Stronghold, Ready For Battle, Epic Effect, Light Kit, and Dark Moon on this site is owned by and used with permission from Iron Fortress.”

7. Data Registration and Privacy Policy

Upon completing the "Reseller Inquiry Form," it is highly recommended that resellers subscribe to the free Epic Armoury reseller newsletter. This subscription ensures you receive continuous updates, important news, and other information from Iron Fortress. You can sign up using the following link: Sign up for the Newsletter
Resellers may unsubscribe from this service at any time without any cost. All data received will be handled in accordance with state and federal data storage regulations.

8. Reservations, Changes, and Typographical Errors

Iron Fortress reserves the right to modify these Terms and Conditions at any time. The reseller's continued use of www.ironfortress.com constitutes acceptance of any changes to these terms. Resellers are advised to review these Terms and Conditions periodically to stay informed of any updates.

9. Limited Liability

Iron Fortress is not responsible for typographical or image errors, sold-out products, changes in sales tax, value-added tax, duty rates, or delays and defects in delivery caused by force majeure events.

10. 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.

11. Legal Information

POSTAL ADDRESS
Iron Fortress ApS
Kornmarksvej 12-14
2605 Brøndby
Copenhagen
Denmark
CEO: René Vendt
VAT/EORI NUMBER: DK30558758
GB VAT NUMBER: 372 8445 73

These Terms and Conditions are part of the agreement between the reseller and Iron Fortress. By placing an order on www.ironfortress.com, the reseller acknowledges, understands, and accepts these General Terms.