EFUMA ApS
Corp. Reg. Number 35405437
Kirstinehoej 23A - 2770 Kastrup - Denmark

COMMERCIAL POLICY

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.

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 are accepted in the form of bank transfer. Exceptionally, payments can be done via PayPal, 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, with the exception of 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, in particular due to changes in exchange rates between USD and the DKK, EUR, RMB 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 are 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 which is set once a calendar quarter.

B2B PORTAL AND DATA MANAGEMENT

After registering on EFUMA B2B portal, customer receives unique user name 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 – the EUR 1 or ATR certificate or other legally required document, directly to the CUSTOMER with the Products, unless expressly agreed otherwise.

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:

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).

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 color 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 the Denmark.

Contractual relationships not regulated by the Distribution Agreement or the Policy are subject to generally binding legal regulations of the 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.

Privacy Policy

General

(Efuma ApS) (hereby refered to as “Efuma”, “we” “our”) appreciates your interest in our offers and our company. To enable us to fulfill our obligations towards you and to provide you with relevant information, it will, in some cases, be necessary for us to collect Personal Data. This Privacy policy specifies what kind of data Efuma collects, how we process the data and the rights you may exercise regarding this data. By continuing to use our services and website after the 25th of May 2018, you are accepting this Privacy policy, and that you fully understand the collection, processing, and transfer of such Personal Data based on the content outlined in this Privacy policy.

Please take the time to carefully read through and familiarize yourself with this information.

Personal Data we collect when you visit our website

When you visit our website as a guest to get inspiration for your next order, without registering or logging in, we collect the following Personal Data.

Categories of Personal DataExplanation
Device informationDevice-ID, operating system and corresponding version or other device identifiers.
Connection dataTime, date and duration of website visit, country of origin, corresponding IP-address and other protocol data.

We collect this information to be able to show you the site you are visiting. We limit the processing of data to the absolute necessities to follow the GDPR principle known as data minimization.

Your rights

Below is a summary of the rights you have under European data protection legislation (GDPR). To make of these rights is free of charge and you may make use of the rights by submitting a written request to us via post or email. Please feel free to contact us if you should have any questions regarding your rights (see contact details in the end of this Privacy policy).

Note that Efuma will always assess a request to make use of the right to determine whether the request is valid. All rights listed below are not absolute and exceptions may apply.

In addition to the rights detailed below, you always have the right to file a complaint with a supervisory authority regarding Efuma’s processing of your Personal Data.

Right of access. You are, on request, entitled to receive a copy of your Personal Data that Efuma processes and to obtain additonal information about Efuma’s processing of your Personal Data.

Right to rectification. You have the right to have your Personal Data corrected and/or completed if it is inaccurate and/or incomplete.

Right to deletion. You have the right to request that Efuma erases your Personal Data without unjustifiable delay in the following circumstances:

  • the Personal Data is no longer necessary in relation to the purposes for which they were collected or otherwise processed;
  • you withdraw your consent to a processing activity and there is no other legal basis for the processing;
  • you make a valid objection to the processing of your Personal Data;
  • the Personal Data has been illegally processed; or
  • the Personal Data must be erased for compliance with a legal responsibility.

Right to restrict processing. You have the right to request restriction of the processing of your Personal Data in the following circumstances:

  • the accuracy of the Personal Data is under examination;
  • the processing is unlawful or is no longer needed for the purposes of the processing, but you oppose the deletion of Personal Data and request restriction instead;
  • Efuma no longer needs the Personal Data but you need the Personal Data for the establishment, exercise or defense of legal claims; or
  • you have objected to the processing of your Personal Data and such objection is under verification.

Right to data portability.Under certain circumstances you have the right to receive the Personal Data concerning you which you have provided to Efuma in order to transmit these to another service provider if the processing of the Personal Data is based on your consent or the performance of a contract.

General right to object.You have the general right to, at any time, object to the processing of your Personal Data that is based on Efuma’s legitimate interests. If you object, we have to demonstrate that we have compelling legitimate grounds for such processing or that we need the Personal Data for the establishment, exercise or defense of legal claims.

Right to object to direct marketing.You have a right to, at any time, object to the processing of your Personal Data for direct marketing purposes. If you do this, Efuma may no longer process your Personal Data for such purposes. Should you wish to unsubscribe from our newsletter, this can be done by using the opt-out link found in the footer of each email.

Transfer of Personal DataIf you have placed an order with delivery, we will supply our shipping supplier, Link Logistics, with your Personal Data required for delivery, including (Company)name, address, phone number and email address. This is done to facilitate the delivery of goods to you. If you open a customer service case, Personal Data will be shared with our customer experience partner Zendesk, the Personal data shared will be limited to what is required to properly assist you in your query, this data includes (Company)name and email address. If you subscribe to our newsletter, your Personal Data, including name and email address is shared with our newsletter partner Mailchimp. Apart from this, Efuma will not transfer your Personal Data to third parties.

CategoriesPartnerWhat Personal Data is sharedWhy is Personal Data shared
Shipping of orderLink Logistics(Company)name, address, phone number and email addressThe Personal Data is shared to facilitate the delivery of goods to you
Customer serviceZendesk(Company)name, address, phone number and email addressThe Personal data is shared to provide an improved customer service experience using the Zendesk tools
NewsletterMailchimp(Company)name and email addressThe Personal data is shared to provide an improved newsletter experience using the Mailchimp tools

Retention of your Personal Data

Efuma will store your Personal Data until the data is either manually deleted or automatically deleted due to inactivity for a period of 36 months, unless legal obligations states other.

Upon deletion of Personal Data Efuma may make certain data anonymous and use it for statistical purposes.

Security

While Efuma cannot guarantee that unauthorized access will never occur, rest assured that Efuma takes great care in maintaining the security of your Personal Data and in preventing unauthorized access to it using appropriate technology and internal procedures.

Information about our cookies

Definition of cookies and information about which cookies we use

To improve the experience when you visit our site, and to enable the use of certain features, we use cookies on our various pages. These are small text files stored on your device. Some of the cookies we use are deleted after the end of the browser session, ie. when you close the browser (so-called session cookies). Other cookies remain on your device and allow us to recognize your browser at the next visit (so-called persistent cookies). You can set your browser to let you know about cookies settings and decide if you want to accept cookies or not, for specific cases or in general. Not accepting cookies may limit the functionality of our site.

What are different the types of cookies?

Absolute necessary cookies are required to allow you to browse the site and use its features. Without these cookies, functionality cannot be guaranteed, such as to be able to perform actions during a visit (such as text input) or to navigate between pages on the site.

Functionality cookies allow a website to save information already provided (e.g., username, language selection, or location data) and improve the offering of personal features to the user. These cookies collect anonymous information and can not track your activity on other pages.

Performance Cookies collect information about the use of the site - e.g. which pages the visitor usually visits and if the visitor receives error messages from any page. These cookies do not store information that allows the user to be identified. The information collected is aggregated and anonymous. These cookies are used solely to improve the performance of a website, thus improving the user experience.

Google Analytics

We use Google Analytics. This is a web analysis service provided by Google Inc. (1600 Amphitheater Parkway, Mountain View, CA 94043, USA; "Google"). The information generated by Google Analytics cookies, about your use of our site, is usually transferred to and stored by Google on a server in the U.S.. IP anonymization has been enabled on our site so that IP addresses to Google users in EU Member States or in other EEA states are shortened in advance. Full IP addresses will only be sent to Google's server in the United States in exceptional cases and are then shortened there. On our behalf, Google will use the information to evaluate usage of the site for us and compile reports of activity on the site and provide us with other services related to the use of web pages and internet usage.

The IP address that Google Analytics receives as part of Google Analytics will not be merged with other Google data. You can prevent cookies from being stored by setting the corresponding setting in your browser's software. However, please note that if you do, you will not be able to fully use all features on the site.

You can also prevent Google from collecting and processing information generated by the cookie, about your use of the site (including your IP address) by installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

Contact

Please feel free to contact us at any time, in case of any questions or requests regarding your Personal Data.

This can be done by contacting us via regular post, or email.

Efuma ApS

CVR-nr. 35405437

Kirstinehøj 23 A

2770 Kastrup

Denmark

Email: gdpr@efuma.com


If you wish to file a complaint in regards of our handling of your Personal Data, this can be done by contacting Datatilsynet:

Datatilsynet

Borgergade 28,5

1300 Copenhagen

Phone: 0045 3319 3200

Email: dt@datatilsynet.dk

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