Terms of Trade

Terms and conditions for The First Shape

Company information
The First Shape – A product of OBS Mediehus ApS
Ndr. Country Road 35c
6270 Tonder, Denmark
CVR number: DK-45495167
Email: info@thefirstshape.dk
Phone: +45 50 34 34 50

1. Scope of application

1.1. These terms and conditions (“Terms”) apply to any agreement entered into between The First Shape (“Seller”) and a consumer or business (“Buyer”) regarding the purchase of goods, including but not limited to custom-made posters based on ultrasound images.
1.2. By placing an order on www.thefirstshape.dk The Buyer accepts the Terms and Conditions in their entirety.

2. Nature and adaptation of the products

2.1. The products are essentially custom-made, cf. the Danish Consumer Contracts Act, section 18, subsection 2, no. 3, as they are designed on the basis of an individually supplied scan image and/or text of the Buyer's choice.
2.2. The buyer bears full responsibility for ensuring that the submitted image material is legal, does not infringe third party copyrights or other intellectual property rights, and that the image is suitable for reproduction.
2.3. The Seller reserves the right to reject material that, in the Seller's opinion, is illegal, infringing, offensive or of insufficient technical quality.

3. Price and payment

3.1. All prices are stated in Danish kroner (DKK) including applicable VAT and charges, cf. the Danish VAT Act.
3.2. Payment must be made via the payment methods that appear on the website at any time. The amount is reserved or deducted from the payment method in connection with placing an order, unless otherwise stated.
3.3. In the event of any errors in pricing on the website, the Seller reserves the right to cancel the order.

4. Delivery and transfer of risk

4.1. Delivery takes place via the shipping providers used by the Seller at the time of placing the order.
4.2. Expected production time is 3-7 business days, subject to peak load, force majeure, strikes, supplier failure or other circumstances beyond the Seller's control.
4.3. The risk for the goods passes to the Buyer upon handover to the carrier, cf. Section 17, subsection 2 of the Danish Sales Act.

5. Right of withdrawal and right of return

5.1. According to the Consumer Contracts Act, section 18, subsection 2, no. 3, there is no right of withdrawal for goods that are manufactured to the consumer's specifications or have been given a clearly personal touch.
5.2. All purchases are therefore final, and returns cannot take place unless there is a justified complaint, cf. point 6.

6. Complaints and defects

6.1. The buyer has the right to make a complaint in accordance with the mandatory provisions of the Danish Sales Act. The complaint period is 24 months from delivery.
6.2. Complaints must be made within a reasonable time after the defect is or should have been discovered, but no later than 14 days after receipt if the defect is obvious.
6.3. Defects do not include:

• Color deviations between digital display on screen and the printed product,
• Minor variations in print quality that are not significant to the function or aesthetics of the product,
• Errors due to unsuitable image material submitted by Buyer.
  6.4. In the event of a justified complaint, the Seller may, at its own discretion, offer remediation, replacement, proportional discount or refund, cf. Sections 78-80 of the Danish Sales Act.

7. Limitation of liability

7.1. The Seller is not liable for indirect losses, consequential damages, operating losses or loss of goodwill.
7.2. The seller's liability for damages is in all cases limited to the invoice amount for the specific order.
7.3. Nothing in these terms and conditions limits liability that cannot be legally excluded, including liability for personal injury caused by product defects, cf. the Product Liability Act.

8. Intellectual property rights and data protection

8.1. The buyer warrants that the use of the submitted image does not infringe third party copyrights, trademarks or other intellectual property rights.
8.2. The Buyer grants the Seller a non-exclusive, time-limited license to use the material solely for the purpose of manufacturing and delivering the ordered product.
8.3. Personal data is processed in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act. For further information, please refer to our privacy policy.

9. Disputes and jurisdiction

9.1. Any dispute arising from or related to these Terms and Conditions shall be governed by Danish law, with the exception of conflict of law rules that may lead to the application of a foreign legal system.
9.2. If a dispute cannot be resolved amicably, the consumer may bring the matter before the Danish Consumer Complaints Board, Nævnenes Hus, Toldboden 2, 8800 Viborg, www.naevneneshus.dk.
9.3. Alternatively, the dispute may be brought before the Danish courts, with the Court of Sønderborg as the first instance.

10. Changes

10.1. The Seller reserves the right to change these Terms and Conditions without notice. The version appearing on the website at the time of order placement is applicable to the purchase.