Terms And Conditions
Terms And Conditions
CUSTOMER RELATIONSHIP
The CUSTOMER understands that the purchase, further distribution and sale of products distributed by EFUMA ApS (hereinafter the “Products”) are subject to this Commercial Policy (hereinafter the “Policy”).
The purchase of the Products will only be permitted for businesses.
EFUMA does not supply the Products to individual consumers.
EFUMA only supplies to business entities legally established, registered and operating within the territory they intend to do business in Purchased Products are intended for further distribution and sale exclusively on the territory stipulated in the Distribution Agreement between EFUMA and the CUSTOMER.
Please pay attention to the fact that we may change our terms and conditions from time to time – This could be the result of change in the conditions from the Vendors we are offering on our site, or simply just market regulations. TPD "Tobacco products directive"
PACKAGING OF THE PRODUCTS
EFUMA supplies the Products in the appropriate packaging according to the existing local legislation.
The CUSTOMER may choose to order the product with different packaging from what EFUMA supplies to the market.
It is possible on the condition that product is meant for trans-shipment and will not be sold in the above-mentioned market. CUSTOMER explicitly indemnifies EFUMA from any negative legal, financial, any other claims in relation to such transaction. CUSTOMER also assume sole responsibility for such transaction.
The CUSTOMER agrees that it will not change or alter the packaging in any way or the content of delivered goods without the prior written agreement of EFUMA.
PRODUCT PRICES & PAYMENT
EFUMA sells goods on prepayment basis.
Any exceptions must be done as part of separate distribution agreement and terms and conditions individually negotiated.
Payment is accepted in the form of bank transfer. Exceptionally, payments can be done via Mastercard, Maestro or VISA.
If the CUSTOMER choses latter, surcharge from payment service will be transferred to CUSTOMER. No cash payment is accepted.
EFUMA selling prices to CUSTOMER are set through the Price List, valid for specific CUSTOMER, which form part of the Distribution Agreement.
Commercial conditions between CUSTOMER and EFUMA are confidential. No part of it can be revealed to third parties without explicit authorization from both CUSTOMER and EFUMA.
The information about Products and price presented by EFUMA is binding, exception for any clear errors. The prices are presented without VAT and are FCA (Free Carrier) central warehouse (DK). EFUMA will ensure transportation for the Products at the cost of the CUSTOMER unless the CUSTOMER decides to resolve the transportation of the Products from the central warehouse in an alternative manner.
The structure and amounts of the prices for the Products are indicated in the Price List.
The CUSTOMER understands that the Price List may be amended at any given point of time at the sole discretion of EFUMA, and the CUSTOMER agrees that any such changes come into effect as of the date of validity of the new Price List.
EFUMA retains the right to change the price of the Products to a reasonable extent, due to changes in exchange rates between USD and the DKK, EUR or GBP
and in the event of an increase in prices from EFUMA suppliers.
Changes to Price List are done by means of price modification in EFUMA B2B portal.
EFUMA undertakes to inform CUSTOMER of major changes to the Price List.
ORDERING PRODUCTS FROM THE CENTRAL WAREHOUSE (DK)
Orders are solely placed via EFUMA B2B portal.
By confirming the order, CUSTOMER agrees to its content, size and value. Any other way of placing the order is not accepted.
EFUMA will confirm the receipt of an order, including its content, within 24 hours on the regular workday, unless agreed otherwise.
Order is confirmed subject to availability of items. Back orders are created based on expected product availability and once confirmed by CUSTOMER they become binding.
Back order can still be modified at any time before invoice is issued.
Order can only be cancelled and amended before the invoice for this order is issued. Please note, EFUMA reserves the right to charge the CUSTOMER 20% of the value of cancelled order.
CURRENCIES, RATES AND PRICES
Following currencies are accepted: DKK, USD, EURO, GBP.
CUSTOMER can choose the currency to have a business with EFUMA, this currency is set as default and applied for transactions between CUSTOMER and EFUMA.
CUSTOMER can request different currency to be used at any given moment.
However, the change cannot happen more often that once a calendar quarter.
Prices are set in US Dollars. Prices in currencies, different than USD are converted using the exchange rate. EFUMA reserve the right to change in the exchange rate according to any change in the global market
B2B PORTAL AND DATA MANAGEMENT
After registering on EFUMA B2B portal, customer receives unique username and password.
Data, entered as a contact details, addresses etc remains property of the customer.
CUSTOMER is responsible to maintain integrity and correctness of the data. No information can be amended without CUSTOMER clear consent and approval.
CUSTOMER is obliged to notify EFUMA of the material changes to the data provided, specifically in relation addresses, contact, business details (including name) and VAT registration.
DELIVERING PRODUCTS FROM THE CENTRAL WAREHOUSE (DK)
An order is dispatched within 2 working days of receipt of payment from the CUSTOMER to EFUMA account, unless agreed otherwise.
Unless expressly agreed otherwise, the costs for transportation to the specified location are paid by the CUSTOMER. The amount of the costs for transportation is notified to the CUSTOMER by EFUMA during the confirmation of an order and is included in the total invoiced amount. CUSTOMERS normally can choose the shipping method, i.e. standard or express.
When the CUSTOMER accepts ordered goods, the proprietary right and the connected risk of loss, damage or destruction of the goods transfers to the customer.
EFUMA will send the documents relating to the Products, meaning the invoice and – for countries with customs obligations, all required information needed will be added to the invoice.
EFUMA is NOT liable for any shipments that are held or seized by any authorities of your country. Several countries do not allow nicotine to be imported. EFUMA will NOT refund any orders due to shipments not arriving as it is your responsibility to understand the law of your own country.
For any shipments outside the EU, EFUMA will provide a commercial invoice including HS codes for each product, please note that the HS code can vary depending on the use of the products purchased. EFUMA is not responsible any dispute between the EFUMA wholesale customer and the local custom authorities regarding the import of the product to the non-EU Country.
For all Aroma products purchased at EFUMA the HS code used is:
3302109000 - Mixtures of odoriferous substances and mixtures (including alcoholic solutions) with a basis of one or more of these substances, of a kind used as raw materials in industry; other preparations based on odoriferous substances, of a kind used for the manufacture of beverages, of a kind used in the food or drink industries, of a kind used in the food industries.
If this should be changed/adjusted on the commercial invoice this information needs to be send by the CUSTOMER to EFUMA in writing to secure the adjustment in the future shipments
RESPONSIBILITY FOR THE PRODUCTS FROM THE CENTRAL WAREHOUSE (DK) AND WARRANTY CLAIMS
The CUSTOMER must check that the consignments it accepts have undamaged packaging. In the event of visible damage to the packaging the CUSTOMER must enter this fact on the POD (proof of delivery). Without this confirmation it is not possible to seek compensation from the forwarding company. Respectively, no claim can be made to EFUMA.
Claims related to short delivery, partial delivery, broken items upon arrival etc must be reported to EFUMA no later than 5 working days after receipt of the shipment (takeover of goods).
After that time, no claim can be accepted.
EFUMA will provide a quality guarantee for delivered Products for the period of time indicated on the packaging of the Product, meaning that for this period of time the Products will be suitable for use for the usual purpose or will retain their usual characteristics.
For products with no “best before” date, warranty is valid for 6 months after purchase date.
For batteries the warranty is limited to 3 months from the date of purchase from EFUMA. There is no warranty for hardware accessories, such as coils, replacement glass etc.
The CUSTOMER must make any eventual warranty claim in relation to the quality of the goods by filling RMA claim form without undue delay.
During this period the CUSTOMER may make a warranty claim which, if recognised as justified by EFUMA, will be resolved in one of the ways indicated below:
- the removal of the defect through the delivery of a new Product without a defect or the delivery of the missing part of the Product;
- the removal of the defect in the Product through its repair without charge;
- a reasonable discount from the purchase price.
- the return of the purchase price on the basis of withdrawal from the contract; or
- the issue of a credit note for a recognised, verified and accepted warranty claim
An essential condition for the evaluation of a warranty claim is that the Products considered by the CUSTOMER as defective, or potentially samples of such Products (if the problem is widespread), are sent to EFUMA, if the issue is a mistake regarding the packaging of a Product, or the issue is a mistake in the content of the Product. If a warranty claim is recognised as justified, the CUSTOMER will pay the costs for the sending of the Product subject to the claim to EFUMA.
If a returned Product has been damaged through breach of obligation of the CUSTOMER, EFUMA is authorised to seek compensation from the CUSTOMER.
In the event of withdrawal from a contract of sale, EFUMA will return the purchase price to the CUSTOMER only after the acceptance of the returned Products or samples of Products, and this after their inspection by EFUMA or an entity authorised by it (e.g., a testing laboratory designated by EFUMA).
MISSING PRODUCTS
If it should happen that ordered products are missing, contact us right away at sales@efuma.com. Please provide us with the full name of the product and which order it is concerning. We will find a solution as soon as possible. This must be done latest 3 days after the order has been received so we can check our documentation and the shipping company’s documentation.
WARRANTY / RETURNS / RMA
Returns must be notified though EFUMA RMA system, latest 7 days after return from end-user. If a product is broken, EFUMA provides a warranty of 6 months from the purchase date. The warranty does not cover errors or damage caused by an improper operation of the products.
EFUMA claims the right at any time without any notice to replace the EFUMA RMA system and request the RMA/Claims to be send to EFUMA for review and control.
SHELF LIFE FOR LIQUIDS / CONCENTRATS / EJUICES
At EFUMA we strive always to have minimum 2.5 months shelf life left on the liquids / concentrates / ejuices we ship out. If you experience you get a product from EFUMA which has a shorter expiry date than 2.5 month from the order date, don’t hesitate to contact EFUMA for returns or replacements. You can read more about shelf life here: https://efuma.com/concentrates-shelf-life
PROTECTION OF PRODUCTS FROM COUNTERFEITING OR UNAUTHORISED PRODUCTS
The CUSTOMER agrees that it will not accept products and distribute them further where there is justified suspicion that they are counterfeits of any Products, CUSTOMER purchases from EFUMA.
The customer agrees within the framework of the successful development of the joint business, that in the event of the appearance of counterfeits or suspicion of the appearance of counterfeits of the Products, it will inform the EFUMA contact person without delay.
EFUMA reserves the right to restrict or suspend cooperation with CUSTOMERS who sell unauthorised products. Unauthorised products are the ones that:
- either bearing the appearance of being a counterfeit or
- not legally cleared for sale on given market
In both instances judgement is made by EFUMA Compliance Department, and decision is made with an aim to protect fair market competition
COMMUNICATION
You agree that EFUMA ApS may send you electronic mail for the purpose of advising you of changes or additions to EFUMA website, as well as changes to this Policy.
WEBSITE
USE RESTRICTIONS
All content on www.efuma.com is owned by Efuma ApS.
Any use of images and texts from the site are prohibited in any way, unless specific written consent is granted by EFUMA.
Should EFUMA revoke this consent at any time, you must remove all taken content wherever it is used. Any permission granted herein terminates automatically and without further notice if CUSTOMER and EFUMA suspend cooperation or if there is a breach of Commercial Policy.
Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications, regulations, and statutes
COLORS AND WRONG INFORMATION
We have made every effort to display, as accurately as possible, the colors of our products that appear in the site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any colors will be accurate. EFUMA ApS does not take responsibility for any misleading information in test on our website. That includes any wrong added information about products content or/and any other wrong information about the products.
From time to time there may be information on efuma.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. EFUMA reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). EFUMA ApS are not responsible for any written information written on external links from efuma.com
INDEMNIFICATION
You agree to defend, indemnify, and hold Efuma ApS harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the website
CONSEQUENCES OF A BREACH OF THE POLICY
The CUSTOMER understands that a breach of the Policy leads to the termination of commercial cooperation with EFUMA.
GOVERNING LAW AND DISPUTE RESOLUTION
The relationship between the CUSTOMER and EFUMA is subject to the body of laws of Denmark.
Contractual relationships not regulated by the Distribution Agreement, or the Policy are subject to generally binding legal regulations of Denmark, in particular the Danish Contract Act.
Any disputes that cannot be resolved through negotiation or out-of-court in any other way will be decided on by general courts with jurisdiction pursuant to the body of laws of Denmark.
During the negotiations regarding the out-of-court settlement of a dispute, the limitation period and the lapse period pursuant to the Danish Contract Act will neither run nor commence, unless one of the parties to the dispute expressly refuses to continue in the negotiations.
PROTECTION OF PERSONAL DATA
The CUSTOMER agrees that provided personal data may be processed and retained by EFUMA pursuant to the GDPR and Danish Act of Proceeding the Personal Data (DAPPD) (25.05.2018) for the purpose of the performance of the subject of the Agreement. The CUSTOMER has the right to be informed about the data that EFUMA retains about it, and is authorised to change this data, or express in writing its disagreement with their processing. Any further regulation of data collection and protection are governed by GDPR and DAPPD.
CHANGES TO THE POLICY
EFUMA retains the right to change the Policy, while it agrees to notify the CUSTOMER about any such changes by visibly and demonstrably placing the updates on EFUMA website.
EFFECT OF THE POLICY
The Policy becomes effective on 1 October 2019. By continuing doing business with EFUMA after said date, CUSTOMER is deemed to have accepted Policy Terms & Conditions.