General Terms and Conditions
Section 1 – First Class Trophy’s General Terms and Conditions
These general terms and conditions apply to all transactions. Any deviation from the following terms and conditions is only valid with First Class Trophy’s written consent.
Section 2 – Entering into a Sales Contract for Taxidermy Services and Products
Contracts for purchasing services and products from First Class Trophy are made in Danish, Swedish, English or German. After ordering a service or product, the customer receives an order confirmation by e-mail. The order confirmation contains the order number, the payer’s name and address, the method of payment and an overview of the ordered services or products. The customer is encouraged to print out the order confirmation received to have a hard copy on paper. The sales agreement is regarded as finally concluded when First Class Trophy either
1. Has received the signed order from the customer, or
2. When the client has confirmed the order by email or phone
The Customer is reminded that the majority of First Class Trophy’s services and products are custom made according to customers’ wants and needs.
Section 3 – Electronic Communication
By purchasing services or products, the customer agrees that ongoing communication and notification may occur electronically sent to the email address provided. The customer agrees that electronic messages have the same legal effect as messages that are not sent by electronic mail.
Section 4 Prices
All prices are in Danish kroner (DKK) or in EURO excluding 25% VAT. Any customs duties, veterinary inspection documents, CITES documents or other charges shall be paid by the buyer.
Section 5 – Payment
Payment for the services/products can be made by bank transfer, PayPal, Dankort, MasterCard and VISA credit cards or cash. The cost to use international credit cards for payments is 6%. Upon placing the order, 50% of the purchase amount incl. VAT shall be paid as a deposit. The deposit shall be paid within 8 days of placing the order. The remainder shall be paid in connection with the delivery of the services/products or prior to the dispatch of the services/products.
Section 6 – The Right of Withdrawal
The buyer has the right to withdraw from the contract within 14 days counted from the order date. If the 14th day falls on a public holiday, Constitution Day, Christmas or New Year’s Eve, the deadline to return the product expires on the following business day.
If the customer exercises his or her right of withdrawal, First Class Trophy shall process the case as soon as possible and within 21 days of receipt of the customer’s notification of withdrawal from the purchase. The money for the service/product shall be repaid to the buyer in connection with exercising the right of withdrawal and paid to the bank account given by the buyer to First Class Trophy. Any bank charges in connection with the repayment shall be paid by the buyer.
Products shall be returned to First Class Trophy’s business address at Randersvej 397, 8380 Trige. The buyer shall state his or her name and address and preferably enclose a copy of the original email receipt/order confirmation.
The buyer shall pay the costs of return shipments from/to First Class Trophy’s business address. Such costs incurred by First Class Trophy will be deducted from the amount to be refunded to the buyer in connection with exercising the right of withdrawal.
Section 7 – Right of Exchange
First Class Trophy points out that most of the services/products are custom-made to customer requirements. With regard to such orders, in principle, the right of exchange cannot be exercised. First Class Trophy will not start the execution of an order before the expiry of the 14-day withdrawal period, unless the customer agrees in connection with the purchase that First Class Trophy should start execution of the order concerned before the end of the cancellation period. The customer’s consent in connection with the purchase means that the right of withdrawal is terminated and thus becomes unenforceable.
When purchasing finished products, such as tanned skin, zoological decoration, trophy mounts, a 14-day right of exchange exists in accordance with the same rules as outlined in Section 6. Products can be exchanged or returned only after prior written agreement with First Class Trophy. In such cases crediting will be made with a simultaneously agreed amount.
Section 8 – Delivery and Transport
Unless otherwise agreed, delivery and transportation occur to First Class Trophy’s local business address in Denmark, Sweden or Germany, respectively always at the customer’s cost and risk. First Class Trophy takes no responsibility for any corruption/damage to the skin/trophy while in transit.
The risk is only transferred to First Class Trophy upon delivery/receipt at our local office or by personal delivery to us at some other address.
SUBMISSION OF ANIMALS/BIRDS/TROPHIES FOR TAXIDERMY
From Denmark (incl. Greenland and the Faroe Islands)
Unless otherwise agreed, all animals/birds for taxidermy shall be submitted to or sent to First Class Trophy’s business address in Denmark (for the local business addresses see Section 17). We accept animals/birds/trophies as fresh, frozen and salted/dried skins, boiled out and disinfected skulls. All permits/certificates/CITES documents shall accompany the shipment.
The costs and risks associated with delivery and transport to First Class Trophy are borne by the customer. In special cases, it can be agreed that First Class Trophy collects the above at the customer’s premises or they are handed over to First Class Trophy at some other place.
From Sweden and Germany
Unless otherwise agreed, all animals/birds for taxidermy work shall be handed over or sent to First Class Trophy’s business address in Sweden and Germany, respectively (for the local business addresses see Section 17). We accept animals/birds/trophies as fresh, frozen and salted/dried skins, boiled out and disinfected skulls. All permits/certificates/CITES documents shall accompany the shipment.
From other countries within the EU
When sending animals/birds/trophies from another EU country, First Class Trophy agrees to take over skins that have been wet-salted for a minimum of 14 days in accordance with applicable regulations of the Danish Veterinary and Food Administration. All permits/certificates/CITES documents must accompany the shipment. Shipments must be sent to First Class Trophy’s business address in Trige, Denmark.
From a country outside the EU
When sending animals/birds/trophies to First Class Trophy from a country outside the EU, we agree to accept only birds/animals/trophies as salted and dried skins and boiled, cleaned and disinfected skulls. All permits/certificates/CITES documents must accompany the shipment. Shipments from a country outside the EU must, unless otherwise agreed, be sent to First Class Trophy’s business address in Trige, Denmark.
Section 9 – Delivery of Trophies
Unless otherwise agreed, the ready taxidermy of the birds/animals/trophies are collected by the customer at First Class Trophy’s business address in Denmark, Sweden or Germany.
Unless otherwise agreed, the customer shall collect his or her products within 21 days of receipt of notification sent by First Class Trophy to inform the customer that the product is ready for collection. If the product is not collected within 21 days, First Class Trophy will be entitled to charge a storage fee of 10% of the purchase price per month or fractions thereof.
If the product is not collected within 2 months following First Class Trophy’s 3 consecutive notifications to the customer (including 2 times by e-mail and 1 time by registered mail) that the product is ready for collection, First Class Trophy will be entitled to sell the product to a third party, the highest bidder at an auction. The recovered amount from the sale will be set off as full or partial payment against the amount that the customer should pay for the product. After offsetting the storage fee, any surplus will be transferred to the customer’s bank account.
It can be separately agreed that First Class Trophy will against payment arrange for delivery of the completed, mounted birds/animals/trophies to the customers or any other agreed address. All shipping and freight costs shall be borne by the buyer. Delivery shall be ex First Class Trophy’s business address in Trige or ex-warehouse which the products are shipped from. Unless otherwise agreed in writing, the buyer assumes the risk of the products upon delivery to the carrier and the freight is carried out at the buyer’s expense and risk. Unless First Class Trophy has received special instructions, it is entitled to choose the means of transport and transport route to the delivery address specified by the customer. As a rule, First Class Trophy is not responsible for damage associated with transport.
Section 10 – Delivery time
The specified delivery time is approximate and is subject to delays. If Class Trophy learns that the communicated delivery time cannot be met, it will inform the customer when the delivery is expected to take place. The buyer cannot cancel the contract due to delay attributable to First Class Trophy, unless such delay exceeds 6 months. The buyer cannot claim compensation from First Class Trophy for a delay.
Section 11 – Retention of Title
First Class Trophy retains title to the goods until full and final payment has been made.
Section 12 – Force Majeure
The following circumstances exempt First Class Trophy from its liability if they impede the performance of the contract or make it unduly burdensome: Any circumstance beyond First Class Trophy’s control, such as labour disputes, illness, strikes, lockouts, war, mobilization, confiscation, currency restrictions, transportation barriers, transportation delays, motive power restrictions, fire, terrorism, failure of or defective delivery by subcontractors, etc.
Section 13 – Confidential Information
First Class Trophy does not disclose information to unauthorized parties. First Class Trophy stores the data of its customers safely, but unencrypted.
Section 14 – Defects: 2-Year Right to Complain
First Class Trophy provides 2 years warranty for deficiencies in line with the provisions of the Purchase Act counted from the date of receipt of the product/service. Improper use, misuse or vandalism, etc. are not covered by the right to complain. Complaints about deficiencies must be communicated to First Class Trophy within a reasonable time but no later than 2 months after the deficiency is identified. In connection with the complaint, the client shall send a description of the deficiency of the product/service concerned to First Class Trophy by e-mail. The order confirmation received from First Class Trophy in connection with the purchase shall also be sent enclosed with the complaint to First Class Trophy. If it turns out that the service/product that the complaint refers to does not suffer from the deficiency claimed by the customer, or if the deficiency was caused by the customer’s behaviour, including misuse or vandalism, First Class Trophy will charge a defect processing fee of EURO per hour, calculated on the basis of the time that elapsed during the error finding. First Class Trophy cannot be held responsible for any loss of hair on the skin. Hair loss or feather loss can only be determined after tanning the skin and is often caused by incorrect initial treatment/salting of the skin. Any bite marks, insect bites, or bullet holes in the skin/leather are a sign of authenticity and should not be considered defects. Minor knots, colour variations, strong and weak year rings in the wood are not regarded as defects. First Class Trophy is not responsible for the quality of “Dip & Pack” work performed by other taxidermists in foreign countries, even if First Class Trophy is responsible for coordination, invoicing and transport of these trophies to the EU like for instance under the “ALL INCLUSIVE” concept from Africa. First Class Trophy is not responsible for defects and deficiencies claimed by the buyer later than 2 years after delivery.
Section 15 – Insurance or Limitation of Liability
First Class Trophy’s liability is generally limited to the total invoice amount for the specific trophy (bird/animal). However, First Class Trophy’s liability may never exceed a total of DKK 10,000 per bird/animal/trophy. First Class Trophy cannot be held responsible for indirect loss, including consequential damage, operating and revenue loss, loss of profits, loss of time, privation, day fines or other indirect losses.
All birds/animals/trophies are automatically insured for up to DKK 10,000 as long as they are in the custody of First Class Trophy. By written agreement and against a fee, the customer may increase the sum insured up to DKK 2,000,000.
For First Class Trophy’s special product “All Inclusive” offered in connection with home transportation and taxidermy work of trophies in Africa, Greenland and Europe, the sum insured is extended to cover the trophy tax, taxidermy work, “Dip & Pack” costs and home transportation costs. This special insurance provides coverage from the moment the trophies are in the custody of First Class Trophy’s freight forwarder until the customer has received the trophies. The insurance does not cover the time when the trophy is kept on the hunting farm and undergoes the “Dip & Pack” process at the local taxidermist in the hunting country. First Class Trophy take no responsibility for the eventual wrong tagging of trophies in the hunting country, i.e. a wrong trophy is dispatched to First Class Trophy or the client and the insurance does not cover the eventual wrong tagging of the trophy in the hunting country, i.e. a wrong trophy is dispatched to First Class Trophy or the client.
Section 16 – Product Liability
First Class Trophy’s product liability follows the Danish law on product liability. Unless otherwise provided by mandatory law, First Class Trophy is not responsible for operating loss, loss of profits or other indirect losses.
Section 17 – Disclaimer
First Class Trophy assumes no responsibility for printing errors, price errors, colour deviations of the pictures etc. on its website. Also, no responsibility is assumed for VAT and tax changes, price changes or sold-out products. Any offer is valid while stocks last/in a given period.
Section 18 First Class Trophy’s Business Address is:
Danmark
First Class Trophy Taxidermy
Langagervej 2
DK-8380 Trige
aarhus@firstclasstrophy.com
CVR no. 32555764
Sydafrika
First Class Trophy Taxidermy South Africa (Pty) Ltd.
4 Waverly Close, Constantia
7806 Cape Town
southafrica@firstclasstrophy.com
Namibia
First Class Trophy Namibia PTY (Ltd)
Okatjetswambo Farm
Okahandja District 137
Otjozondjupa
Tel: +264 814599625
email: stefanus@firstclasstrophy.com
Section 19 – Transfer of Rights and Obligations
First Class Trophy is entitled to transfer all rights and obligations under its agreements to third parties.
Section 20 – Disputes
Danish law shall apply to any disputes between the parties with respect to purchasing and ordering products, etc. from First Class Trophy. Any dispute between the parties concerning a delivery shall be settled by the District Court of Århus as court of first instance unless otherwise provided by mandatory rules applicable to consumers.