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TERMS AND CONDITIONS - Business Customers (B2B)

The following terms and conditions are only applicable to Business Sales

1. Interpretation


Buyer: the person, company, firm, body, or organization who purchases the Goods from the Seller
Conditions: the terms and conditions set out in this document
Force Majeure: an event or circumstance beyond a party’s reasonable control
Goods: the goods (or any part of them) set out in the Order.
Order: the Buyer’s Order for the Goods, as set out in the Buyer’s purchase Order form
Seller: Wiley X EMEA LLC (WXE)

2. Agreement Basis


2.1. 2.1These Conditions apply to Buyers only (business sales / B2B). The Conditions apply to all sales from WXE, unless anything else has been agreed to with the Buyer, in writing.
These Conditions are owned and managed by:

Wiley X EMEA LLC
Søndergade 8-10
7570 Vemb
Denmark
COMPANY VAT nr./CVR code: DK30248252
COMPANY VAT nr./CVR code (valid for Buyers from Great Britain): GB378747043
NATO CAGE nr.: R5814
European DUNS code: 311242221

2.2. Goods can be ordered through the website www.wileyx.eu, by telephone, by email, or through consultants from WXE. All Orders containing prescription data must be ordered through online ordering directly to WXE’s business partner, the prescription lens manufacturer Shamir. When the Buyer login on the WXE website www.wileyx.eu, the Buyer can find a direct link to ordering prescription lenses from Shamir on the Buyer’s homepage. WXE does not take/receive prescription Orders via telephone.

2.3. When ordering products, the Order is not valid until you have received an order confirmation.

2.4. WXE is not liable for typographical errors, technical problems, delivery failures, and similar situations.

3. Price and Payment


3.1. The price of the Goods follows the present pricelist for the time of which WXE accepts the Buyers Order, unless something else has been agreed to in writing. All prices are excluding VAT.

3.2. WXE is trading in the currencies: GPB, EUR, SEK, NOK, DKK.

3.3. WXE is a customer in Danske Bank APS. See the following information and section 3.5 on payment:

Denmark:
Danske Bank
Østergade 4
7500 Holstebro
Denmark

Sweden:
Danske Bank ICS Sweden
BOX 7523
S-103 92 Stockholm
Sweden

Norway:
Danske Bank ICS Norway
Sondre Gate 15
7466 Trondheim
Norway

United Kingdom:
Danske Bank London Branch
75 King William Street
London EC4N 7DT
United Kingdom

3.4. WXE Bank Information
Currency Reg. / Sort
Code / BLZ
Account NumberIBAN code Swift code
DKK 46654578177124DK3030004578177124DABADKKK
GBP 301281 35007059 GB55DABA30128135007059 DABAGB2L
EURO 4665 4578179615DK9130004578179615DABADKKK
SEK 1220 12200129041 SE4012000000012200129041 DABASESX
NOK 36BB 86012601516NO7486012601516 DABANO22
Please use invoice number/customer number as reference


3.5. The Buyer shall pay the invoice in its full currency and in approved funds prior to delivery unless something else has been agreed to between the Buyer and WXE in writing. Payment shall be made to the account nominated in writing by WXE. The Buyer shall bear all costs and charges relating to currency exchange and bank transfers, however, WXE will cover all fees in WXE’s own bank.

3.6. By late payments, WXE will add a 3% interest rate per month, plus an additional fee of DKK 99,00 – EUR 12,50 – GPB 11.00 – NOK 119,00 – SEK 119,00 per reminder. WXE will send three reminders before the claim is handed over to the debt collection agency.

4. Cancellation


4.1. A Buyer does not have the 14 days right of withdrawal, as consumers have, as defined by the European Consumer Rights Directive article 9. However, at WXE we do offer our Buyers a right to cancellation if it is done within a certain timeframe and through the right channels.

4.2. If the Buyer wants to cancel an already placed Order, it is done by sending an email to cancel.order@wileyx.eu marked “CANCEL ORDER”. In the email the Buyer must state: Order date, Buyer’s name and surname, and the order number.

4.3. Cancellations must take place before 10.00 AM on the day the Order has been placed. If the Order is placed after 2.00 PM, the cancellation must be made before 8.00 AM the following day. All reported times are Central European Time (CET +1)Annulleringer skal foretages inden kl. 10.00 på dagen, hvor Ordren er blevet lagt. Hvis Ordren er lagt efter kl. 14.00, skal annulleringen foretages inden kl. 08.00 den følgende dag. Alle tidsangivelser her følger Central Europæisk Tid (CET +1).

4.1. Prescription Orders cannot be cancelled, as they are considered customized Orders.

5. Delivery


5.1. Delivery time. The Order will usually be shipped the following normal business day after
receiving the Order. Deliveries are shipped with UPS, except in Denmark where GLS handles all shipments. The delivery times described below are declared by the shipping companies. WXE cannot be held responsible for a delayed delivery or service from its freight supplier:

1 to 3 dage for: Denmark, Finland, The Netherlands, Croatia, Luxembourg, Malta, Sweden, Turkey, Germany

3 to 4 dage for: Austria, Belgium, Cyprus, Estonia, France, Great Britain, Iceland, Italy, Poland, Czech Republic, Hunagery, Vatican

4 to 5 dage for: Albania, Bosnia and Herzegovina, Ireland, Kosovo, Latvia, Liechtenstein, Lithuania, Macedonia, Moldova, Montenegro, Nothern Ireland, Norway, Portugal, Romania, Serbia, Slovenia, Spain

5 to 6 dage for: Bulgaria, Greece, Slovakia

7 to 8 dage for: Andorra, San Marion, Greenland, Faroe Islands

If the Buyer’s country is not listed above, the expected delivery time can be given by sending an email to: warehouse@wileyx.eu.

5.2. Track and Trace number. All Orders are sent as package(s) to the Buyer. A Track and Trace number from UPS/GLS will be sent via e-mail to the Buyer once the shipment is collected from the WXE warehouse. Do notice that it may take up to 12 hours before the Track and Trace number gets activated by the shipping company.

5.3. Damaged when delivered. If the Goods have been damaged during shipment, the Buyer must immediately contact the shipping company and report the damage.

5.4. Transport insurance. All shipping fees include transport insurance, in accordance with the shipping company’s insurance rules.

5.5. Delivery costs. Delivery costs are calculated in reference to the number of Goods, their weight and size, and a handling fee.

6. Receiving the Goods


6.1. When receiving the Goods, the Buyer is obligated to examine the Goods for any visible damage. If the packaging is damaged or shows any other visible signs of defect, the Buyer must sign the bill of lading, but with reservations for any damage to the content.

6.2. If the Buyer rejects a product, they must always contact the WXE customer service by phone +45 96930045 and inform of the rejection of a product. If the packaging is intact, but the Buyer find damages or a defect product after unpacking, please notify customer service by phone at +45 96930045. For evidential reasons, the Buyer should contact WXE by phone at +45 96930045 immediately after having received the Goods. Whether it is visible or not visible damage, please contact customer service to solve the problem.

7. Claims


7.1. Claims due to mistakes, defects or issues when ordering or when receiving the Goods. WXE offers an exchange or return, if the Buyer, upon receiving the Goods, becomes aware of any issues or mistakes in relation to the Buyer’s Order. The Buyer must make this claim within ‘reasonable time’ after becoming aware of the issue. If the Buyer makes the claim within 14 days, from having received the Goods, the claim will always have been made in time. The Buyer must immediately after having observed the issue, contact WXE to arrange a refund/exchange. Alle delivery costs in relation to the return to WXE shall be paid by the Buyer.

7.2. Claims due to manufacturing errors. WXE offers a lifetime right of claim on products if the problem with the product is a result of manufacturing defects in materials and/or workmanship. However, some product categories are not included in this lifetime deal. Please see section 8.1-8.4 on WXE product warranties, regarding product malfunctions because of manufacturing defects.

7.3. If the Buyer wish to return a large or fragile product that requires a special transportation, the Buyer must call WXE’s customer service on +45 96930045, for details on how and where to return the product.

7.4. It is not possible to return the product in person, at the WXE address.

7.5. In case of a returned defect or incorrect product to WXE, where the failure of malfunction, specified by the Buyer, cannot be found, WXE will hold back the product and charge the Buyer a handling fee of 15,00€ + shipping costs, before sending it back to the Buyer. WXE will send an invoice on the amount to the Buyer and hold the product at the warehouse until the invoice is registered as paid, at the WXE bank account.

7.6. If WXE recognizes that the returned Goods should be covered by the WXE warranties and an agreement with the Buyer includes a refund of the purchase, it is essential that WXE has the necessary bank information, including bank name, registration number and bank account number. For Buyers outside Denmark, WXE also need the Buyer’s IBAN and Swift number.

8. Product Warranty


8.1. WXE Eyewear Limited Warranty. All non-prescription WXE eyewear is warranted for life against manufacturing defects in materials and workmanship, except Photochromic lenses, which have a tint adjustment life of 18 months, if stored correctly. Proof of purchase is always required in warranty cases. The lifetime warranty does not apply to normal wear, including but not limited to scratched lenses, accidental damage, misuse, and other issues determined by WXE, not to be a manufacturing defect. When WXE receives returned eyewear, which WXE has determined to be defective and thus covered by the warranty, WXE will decide whether to repair or replace. Lenses or frames that are not covered under the terms of the warranty are available to our non-warranty repair service.

8.2. WXE Prescription Lens Warranty. All WXE prescription lenses are warranted for 2 years against manufacturing defects in materials and workmanship. However, the 2-year warranty does not apply to normal wear, negligence, accident, or any other issues determined by WXE not to be manufacturing defects. When WXE receives the returned gloves, which WXE has determined to be defective, WXE will replace it. Proof of purchase is required.

8.3. WXE Gloves Warranty. All WXE gloves are warranted for 2 years against manufacturing defects in materials and workmanship. However, the 2-year warranty does not apply to normal wear, negligence, accident, or any other issues determined by WXE not to be manufacturing defects. When WXE receives the returned gloves, which WXE has determined to be defective, WXE will decide whether to repair or replace. Proof of purchase is required.

8.4. If the Buyer has a product that meets the either of the warranty conditions, the Buyer must fill out a warranty-form and WXE will then contact the Buyer, as soon as possible. The form can be found here.

9. Property


9.1. WXE retains the full ownership of the Goods, until full payment has been received for the ordered Goods, unless a different payment agreement has been made, see section 3.5. In this case, the ownership shifts from WXE to the Buyer, when the Goods have left the WXE warehouse.

9.2. Until ownership has passed to the Buyer, it must be stored and maintained properly.

9.3. Damages applying to normal wear and tear must be replaced by the Buyer. The Buyer has the obligation to keep it fire, theft, and water damage insured for the full value. The Buyer may not dispose of the goods sold, in a way that can impair WXE safety of the product, including but not limited to pledge, rental, or lending of goods, without WXE’s written consent.

10. Responsibility


10.1. WXE assumes no responsibility for delays.

10.2. WXE assumes no responsibility for ensuring that WXE products do not cause indirect damage or consequential loss, loss of earnings, wages, income, and savings; loss the Buyer could have avoided by reasonable measures and damage due to force majeure.

10.3. WXE assumes no responsibility as a result of the Buyer’s legal relationships with third parties.

10.4. WXE prescription eyewear does require manufactured lenses from WXE. Lenses from WXE are engraved with a unique identification sign. Deviations from this requirement means that WXE disclaims any responsibility for the use thereof.

11. Transfer of rights and obligations


11.1. WXE may fully or partially assign and transfer its rights and obligations to third parties, including allowing its rights and obligations to be performed fully or partly by subcontractors. Unless given written approval from WXE, the Buyer may not transfer rights or obligations to third parties.

11.2. WXE makes reservations for typos, price mistakes, VAT and tax changes, sold out / obsolete products, and delivery failures from our suppliers.

12. The processing of personal data


12.1 The first time the Buyer places and Order from WXE, the Buyer will be registered. WXE record the following information:
- Name
- Address
- Phone number
- VAT number
- (Possibly) Fax number
- E-mail

12.2 WXE registers the Buyer’s details with an eye to deliver Goods to the Buyer. WXE also records an alternative delivery address if the Buyer has one. No other information is recorded. The information is not disclosed to third parties. The Buyer has always the right to oppose the registration. The Buyer also has the right to take exception to the processing of personal data. Read more about WXE’s storage of data in WXE’s Privacy Policy  here. If the Buyer has any comments in relation this, please send an email to: info@wileyx.eu.

13. Governing law disputes


13.1. The sale, the Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation, meaning any disagreement between Seller and Buyer shall be governed by and construed in accordance with Danish law.

13.2. Venue of jurisdiction. Both Buyer and Seller irrevocably agree that, in the first instance, the Danish Maritime and Commercial High Court shall have jurisdiction to settle any dispute or claim between the Buyer and Seller. Alternatively, the court in Holstebro will be the place of jurisdiction.

These terms and conditions for business sales were most recently updates 28/10-2022
About Wiley X

In 1987, U.S. army veteran Myles Freeman Sr. founded Wiley X, with a focused determination to create the world’s best protective gear for the armed forces. With time, the company has grown and become one of the leading brands. We recognize that today's lifestyle poses constant threats to our eyes’ health, and that is why we have created some of the most innovative, functional and color enhancing sunglasses in the world. It is safe to say that safety is in our DNA, and we set the standard for what you deserve and can expect of your eyewear.

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WILEY X EUROPE LLC   |   SØNDERGADE 8-10   |   7570 VEMB   |   + 45 96 93 00 45   |   info@wileyx.eu