Trade and subscription terms for CatchAliveOne device and APP
For webshop: “shop.catchalive.com”
1 GENERAL TERMS
1.1 These terms of sales and delivery apply between CatchAlive ApS (hereinafter referred to as “CatchAlive”) and the customer (hereinafter referred to as “the Customer”) at any sale, unless they have been expressly departed or modified by other written agreement and it can be established with certainty that the intention has been to derogate from these terms.
1.2 CatchAlive may refuse to deliver if the Customer does not accept these terms of sale and delivery.
1.3 CatchAlive employees are not authorized to enter into oral agreements in addition to or in violation of these terms of sale and delivery.
1.4 The customer is advised that CatchAlive may make changes to the terms on an ongoing basis. CatchAlive shall inform the customer when new significant changes are introduced to the terms. The updated terms can be found at any time on the CatchAlive website.
2 GENERAL CONTACT AND BUSINESS INFORMATION
2.1 CatchAlive’s full business name, physical address and other contact information are:
CatchAlive ApS
CVR. 38028677
Møllegærdet 32
DK-6000 Kolding
2.2 The customer can contact CatchAlive telephone support at tel. +45 60603088 in CatchAlive’s opening hours:
Monday – Friday: 9.00 – 14.00
Closed Saturday and Sunday as well as on public holidays
In addition, CatchAlive support can be contacted by email: catchalive@catchalive.com. The e-mail will be answered as soon as possible.
3 TECHNICAL INFORMATION, PRODUCT INFORMATION, DRAWINGS, CATALOGUES, DESCRIPTIONS, ETC.
3.1 The illustrations, indications of measurements, weights or the like stated in CatchAlive’s brochures, sales material or similar are only informative and are only binding to the extent that they are expressly referred to in the offer or order confirmation.
3.2 CatchAlive reserves the right to make changes to the design without prior notice to the Customer. These changes will not incur additional costs for the customer.
3.3 All drawings and technical documents left to the Customer before or after the conclusion of the agreement remain the property of CatchAlive. Drawings and technical documents may only be used in connection with the execution, commissioning, operation and maintenance of the delivery, and may not be copied and / or used to third parties without CatchAlive’s written consent.
4 CONCLUSION OF AGREEMENT – OFFER AND ORDER CONFIRMATION
4.1 Binding agreement is only concluded once the Customer has accepted a written offer in accordance with the content of the offer or when CatchAlive has either commenced delivery or submitted written order confirmation on the offer of the customer.
4.2 The customer can rely solely on the content of individual agreements and order confirmations and the information provided in connection with the order. If there are discrepancies between offers, submitted information, and order confirmation, order confirmation takes precedence.
4.3 All offers submitted are, if nothing else stated, valid for 30 days from the date of the offer.
4.4 The customer is obliged to check submitted order confirmations. Any objections to the content of the order confirmation must be made immediately and in writing.
5 PRICES
5.1 All prices are in Euro including VAT, unless otherwise expressly is stated. Once you have completed the order, the Customer will receive an order confirmation of the purchase per. e-mail. The actual payment is completed when CatchAlive sends the item to you.
All prices are daily prices and CatchAlive can change these on an ongoing basis, but not in the case of goods and/or services already ordered.
5.2 Reservations are made for price changes, proofing errors, incorrect prices, and other factors that may result in incorrect price information. In this case, CatchAlive is entitled to cancel an agreement and is not liable for any loss as a result.
5.3. Costs for installation and commissioning are not covered by the stated prices, unless otherwise agreed in writing.
6 PAYMENT
6.1 Shop.catchalive.com accepts payment with VISA, MasterCard, American Express, Apple Pay, Google Pay, Pay Pal and Maestro.
6.2 Payment must be made in accordance with the order confirmation or invoice sent by CatchAlive. Where nothing else is specified in the order confirmation or invoice, the purchase price is due for payment 14 days after the invoice date. CatchAlive is entitled to issue invoice immediately the order is entered.
6.3 CatchAlive may require that the delivery and/or production of goods may only take place against full or partial prepayment.
6.4 When exceeding the payment deadline, the Customer shall pay interest of 2 % per month of the due balance from the last timely payment date until payment is made. CatchAlive is entitled to charge a reminder fee of EUR 15 for each reminder.
6.5 In the event of the Customer’s default, CatchAlive is entitled to withhold other ongoing but not yet executed deliveries to the Customer. CatchAlive is also entitled to prevent the handover of delivered goods and to cancel previously submitted offers and / or order confirmations until the Customer has paid the purchase price and accrued interest. Regardless of whether other payment terms have previously been agreed with CatchAlive, CatchAlive is in the event of the Customer’s delay in payment of the purchase price entitled to make future deliveries conditional on cash payment, or that the Customer provides the necessary security.
6.6 If delivery is postponed due to the Customer’s circumstances, there will be no change in the time of payment.
6.7 The customer is not entitled to withhold payment of invoice amounts, even in the event of a complaint made prior to the due date of the invoice.
6.8 To shop at shop.catchalive.com, the Customer must be 18 years of age and have a valid payment card, which we accept. If the Customer has not yet reached the age of 18, the Customer may purchase goods if the Customer has obtained the consent of a guardian or otherwise has a legal right to enter into the purchase.
7 SHIPPING
7.1 CatchAlive arranges delivery with GLS or PostNord (unless otherwise stated) to the Customer. Delivery takes place to the delivery address provided by the Customer.
We strive to ship all orders within 2-4 business days, however, longer delivery times may occur during busy periods.
7.2 The delivery date is calculated from the latest of the following dates:
- CatchAlive confirmation of Customer’s order
- Clarification of all technical and commercial matters
7.3 The expected delivery time will be stated in the submitted offer. The delivery time is according to the best estimate stated as accurately as possible.
7.4 Where the offer does not contain delivery date information, delivery will be within a reasonable time, which in all cases may be a minimum of 30 days. Partial deliveries may take place.
7.5 If there are any deviations in relation to the stated approximate delivery date, CatchAlive informs the Customer accordingly.
7.6 INCOTERMS 2010 EXW applies. Delivery is always from the factory, unless otherwise is agreed. If another place of delivery is agreed, the Customer will pay freight costs and bear the risk of shipment of the goods. The risk is passed on to the Customer when the goods are made available to the Customer at CatchAlive address or are handed over to a carrier.
7.7 If, as a result of the Customer’s circumstances, delivery is not carried out, the goods will be held at the Customer’s expense and risk at CatchAlive or third party’s warehouse. CatchAlive is entitled to charge storage rent and recover costs etc.
7.8 If the Customer chooses to terminate the agreement due to CatchAlive’s significant delay, the Customer is only entitled to a refund of any consideration already paid for the delayed service, but not consideration for other services. The customer can not assert other default rights in connection with the delay that has occurred and is thus barred from making claims for compensation of any kind, including compensation for operating losses, consequential damages, or other indirect damage. A significant delay is 3 months.
7.9 If a CatchAlive delay is caused by circumstances for which the Customer is responsible, the CatchAlive delivery deadline is postponed by the number of days that corresponds to the delay that has occurred. If CatchAlive is unable to dispose of the internal resources as provided due to the Customer’s delay, CatchAlive is entitled to demand remuneration for the employees who were disposed of to provide the service or the extraordinary resources that CatchAlive has had to use as a result of the delay.
7.10 CatchAlive makes reservations for sold-out goods, any price errors, unforeseen disruptions and missed or delayed deliveries from subcontractors. The customer will be informed immediately after ordering.
7.11 Shipping and packaging is carried out at the buyer’s expense, unless otherwise instructed in writing on order confirmation or contract.
7.12 Cancellation of orders must be made in writing and will not apply until they have been confirmed by CatchAlive in writing.
7.13 Cancellation of orders with specifically retrieved components ordered by the customer. The Customer is required to purchase these components for whatever reason of cancellation if these are not cancellable. These will be invoiced to the Customer, at the latest to scheduled delivery time, at CatchAlive purchase price, plus repatriation and administrative costs.
7.14 CatchAlive delivers exclusively to addresses in Denmark, Germany and Austria. Customers from other countries can be accepted, but there may be other shipping prices as well as delivery conditions. Please contact us at catchalive@catchalive.com.
8 DELAY
8.1 We strive to ship all orders within 2–4 business days, however, longer delivery times may occur during busy periods.
8.2 As CatchAlive can not guarantee local delivery conditions, therefore CatchAlive can not state with certainty when the order will be delivered to the Customer’s delivery address.
8.3 In cases where the desired item is not in stock at the time of ordering, CatchAlive will contact the Customer with information about expected delivery. CatchAlive will also contact the Customer if an item is sold out, while the Customer places an order for the item in question.
8.4 If delivery is not made within the agreed delivery time, as referred to in point 7, the Customer shall make a request to CatchAlive and set a reasonable time limit for delivery. If delivery is not made within the time limit set, the Customer shall be entitled to terminate the contract by written notification to CatchAlive, unless the delay is due to a force majeure situation, see paragraph 16.
8.5 If the withdrawal delay is only part of the total delivery, the Customer is only entitled to terminate the contract for the delayed part of the delivery.
8.6 CatchAlive’s liability to the customer in the event of delayed delivery cannot exceed the invoice amount of the item sold or the service. CatchAlive shall not be liable for operating losses, loss of profit or other indirect losses arising from delay.
9 COMPLAINT AND DEFICIENCIES
9.1 Private customers who shop at CatchAlive ApS have a 24 month right to make a complaint. The purchase is covered by the Purchase Act, including the defect rules. This means that the Customer can either have the item repaired, exchanged, the money returned or a reduction in the price, depending on the specific situation. It is CatchAlive ApS that assesses what actions should be taken.
9.2 Please inspect the goods upon receipt and contact CatchAlive immediately if the item is defective, damaged or if the received item is incorrect so that CatchAlive can evaluate and correct the problem.
In order for a complaint to be considered justified. The Customer has to fulfill his normal duty of examination of the goods under the general rules of Danish law immediately after delivery. Complaint against CatchAlive for defects that were or should be discovered during this examination must be made within two (2) weeks of receiving the goods and/or service. Otherwise, the complaint will be rejected as too late.
9.3 Complaints concerning quantity deviation must be made within eight (8) days of delivery. Otherwise, the complaint would be rejected as too late.
9.4 The complaint must be justified and the defect not arisen as a result of incorrect use of the product or other harmful behavior.
9.5 The complaint must be in writing. Complaints do not result in the Customer failing to comply with agreed payment terms, see paragraph 7. In the event of complaints and deficiencies, the customer can contact CatchAlive at catchalive@catchalive.com
9.6 In the case of defects which were neither or should have been detected in connection with the fulfilment of the examination obligation for delivery, a complaint must be made immediately and no later than before the expiry of the complaint period.
9.7 Together with the Customer’s complaint, images must be included which can visually demonstrate the deficiencies of the goods and/or services.
9.8 The Customer must submit the complaint within a “reasonable time” after the Customer has discovered the defect in the item. If the Customer sends the complaint within two months after the defect is discovered, the complaint will always be timely.
9.9 On hardware deliveries, CatchAlive undertakes, for a period of 12 consecutive months after the invoice date, without undue delay, to carry out replacement or repair at CatchAlive’s choice when there are defects in the delivery due to defects in construction, material or manufacture.
9.10 On software deliveries, CatchAlive undertakes for a period of six (6) months after billing to perform any deficiency relief.
9.11 For software deliveries delivered by third parties, CatchAlive bears no liability but transfers rights to the Customer.
9.12 CatchAlive liability for defects does not include defects due to any design or execution prescribed by the Customer. CatchAlive liability does not include defects due to modifications, repairs or use not approved in writing by CatchAlive.
9.13 In the event that the product or service supplied is defective, CatchAlive is justified and obliged to remedy the deficiencies. If the Customer has complained of a defect and it subsequently becomes apparent that there is no defect for which CatchAlive is responsible, CatchAlive is entitled reimbursement for the work and costs incurred by the complaint.
9.14 CatchAlive assumes no liability or liability for damage to other equipment or property, operating loss, loss of profit or other derivative damages for any reason.
9.15 The Customer cannot exercise any other remedies against CatchAlive.
9.16 Certain types of goods cannot be returned. Customized and personalized products (such as special orders or personalized items) can not be returned as they are made unique to the Customer unless there is a manufacturing defect. We also do not accept returns of hazardous materials. Please contact if you have questions or concerns about your specific item.
10 RIGHT OF WITHDRAWAL AND RETURNS
10.1 The Customer has a 14-day right of withdrawal, which means that the Customer has 14 days after receipt of the item to request to send the item back.
10.2 To be eligible for return, the item must be in the same condition as the Customer received it. The product must be unused and in its original condition and packaging. Accessories must have all parts in the original unopened packaging and must be unused. The customer must also use the receipt or proof of purchase.
10.3 To start a return, the Customer must contact us at catchalive@catchalive.com. If the Customer’s return is accepted, CatchAlive will send instructions on how and where the Customer should send the package. Items returned to CatchAlive without first requesting a return will not be accepted.
10.4 Return label / shipment is at Customer own cost unless the return is due to a defective item.
10.5 Upon return, the Customer should ensure that the item is securely wrapped. The customer is responsible for the item until CatchAlive receives it. Therefore, save the postal receipt and possibly track and trace number.
10.6 Please note! CatchAlive does not accept packages sent by Cash-on-Delivery, without delivery or the like.
10.7 The customer can always contact CatchAlive for any return question at catchalive@catchalive.com.
11 REFUNDS
11.1 If the Customer regrets the purchase and exercises the right of withdrawal within 14 days, CatchAlive will refund all payments received from the Customer from the purchase in question. Including delivery costs (but not additional costs due to the customer’s choice of a different form of delivery than the cheapest form of standard delivery offered by CatchAlive)
11.2 In the event of impairment of the item for which the Customer is liable, this purchase amount will be deducted.
11.3 CatchAlive notifies the Customer when CatchAlive has received and inspected the Customer’s return and tells the Customer whether the refund was approved or not. If approved, the Customer will automatically receive a refund for his original payment method. Remember, it may take a few days for the bank or credit card company to process and post the refund.
12 TITLE RETENTION CLAUSE
12.1 The item is sold with a title of retention clause. The item is property of CatchAlive until the Customer has paid the entire purchase price plus interest and costs as well as any expenses relating to the sale which may have been incurred by CatchAlive on behalf of the Customer.
13 PRODUCT LIABILITY
13.1 CatchAlive assumes product liability for damage to person or property caused by products or services provided by CatchAlive in accordance with the Rules of the Product Liability Act, provided that the damage is caused by a defect in the product delivered, and provided that the product supplied is used in accordance with its purpose and accompanying instructions.
13.2 CatchAlive product liability does not include damage to the product itself.
13.3 Product liability does not cover property losses associated with new acquisitions, repairs, etc. of the delivered defective product, operating loss, loss of time, loss of profit and similar indirect loss as a result of an otherwise covered person or property damage.
13.4 Product liability does not cover damage to or loss in relation to property that the defective product is made part of, incorporated into or associated with, or loss relating to items for which the delivered defective product is used for the manufacture or processing of.
13.5 Product liability only covers damage caused by a delivered product or service when use has been made in the Nordic region or Europe.
13.6 To the extent that CatchAlive may be imposed product liability to third parties, the Customer is obliged to indemnify CatchAlive to the same extent as CatchAlive’s liability is limited in these terms of sales and delivery. If a third-party claims liability against one of the parties in accordance with this paragraph 11, that party shall immediately inform the other party thereof. CatchAlive and the Customer are mutually obligated to sue in the court or arbitration tribunal dealing with a claim for damages brought against one of them on the basis of damages or losses allegedly caused by the delivery.
13.7 The maximum claim that can be claimed against CatchAlive for a product liability for property damage is DKK 10 million.
14 REGARDING SOFTWARE DELIVERIES
14.1 “Software” includes all delivered application products, including backups, documentation, and application media.
14.2 Software and all related rights, including copyright and industrial rights, etc., will always remain the property of CatchAlive, except in the case of third-party supplies, the conditions of third-party will then apply.
14.3 The end customer is unjustifiable to sell, pawn, entrust, lend, or rent software, whether in whole or in part to others, whether free of charge or for payment.
14.4 However, the Customer may transfer his rights and obligations, provided that the Customer himself ceases to use any software with associated hardware.
14.5 The customer is unauthorized to remove trademarks, trade names or the like.
14.6 Data collected on the server is the property of CatchAlive. It is therefore not permitted, without the prior written consent of CatchAlive, to deduct amounts of data from this
15 LIMITATION OF LIABILITY
15.1 CatchAlive shall not be liable for; a) cancellation of the order, b) violation of the rights of third parties.
15.2 Regardless of the basis on which a claim is made and regardless of the degree of negligence, CatchAlive shall not be liable for indirect or consequential damages such as operating loss, loss of profit, loss of data or costs associated with its restoration, loss of goodwill, distortion of notices, loss of expected savings and the like. CatchAlive liability for any loss or damage is limited in amount to the amount paid by the Customer for the item (or absence thereof) on which the claim is based.
15.3 CatchAlive financial liability, where this is not deducted, is in all cases limited to the price of the defective product.
15.4 To the extent that CatchAlive may be liable to third parties, the Customer is obligated to indemnify CatchAlive to the same extent as CatchAlive’s liability is limited under this paragraph 13.
15.5 In the case of a breakdown for which CatchAlive is responsible, the Customer is entitled to a proportionate reduction in the subscription fee for that period. The proportional refusal shall be deducted in the subsequent subscription collection.
15.6 CatchAlive cannot be held responsible for lack of mobile coverage or continuous change thereof, as well as future change of standards of mobile communications.
16 FORCE MAJEURE
16.1 CatchAlive is not liable to the Customer when, after the conclusion of the agreement, circumstances arise which prevent or postpone CatchAlive’s fulfillment of the agreement. Such circumstances may include war, mobilization, riots, fire, lightning, terrorist attacks, natural disasters (including floods), congestion of the telecommunications network, faults in the operator’s mobile network, strikes, lock-outs or professional actions (including strikes, lock-outs or professional actions at subcontractors or mobile network operators), computer viruses, hacking, injunctions from public authorities and / or rightsholders, or other circumstances over which CatchAlive has no direct control.
17 PERSONAL DATA
17.1 By accepting these terms of sale and delivery, the Customer also gives consent for CatchAlive to process the Customer’s personal data, which the Customer submits to CatchAlive in connection with the order. CatchAlive will not use this information for purposes other than those set forth in these terms of sale and delivery or pass it on to other persons unless Customer has given its consent. CatchAlive may disclose this information if CatchAlive is either required to do so by law or in response to a valid request from a law enforcement or public authority.
18 ACCESS TO JUSTICE
18.1 If the Customer wants to complain about the purchase, the Customer is asked to contact customer service on telephone no. +45 60603088 or via email to catchalive@catchalive.com.
18.2 If we can not find a solution together, the Customer can complain to
Center for Klageløsning
Nævnenes Hus
Toldboden 2
8800 Viborg
The customer can complain to the Center for Klageløsning via Klageportalen for Nævnenes Hus.
18.3 The European Commission’s Online Dispute Resolution (ODR) can also be used to lodge a complaint. It is particularly relevant for consumers residing in another EU country. Complaints can be submitted here:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
19 CHOICE OF LAW AND JURISDICTION
19.1 Any dispute that may arise between CatchAlive and the Customer is subject to Danish law, CISG and law applicable.
19.2 Any dispute that may arise between CatchAlive and the Customer must be settled in the court of justice, with the court in Kolding as a jurisdiction.
20 SUBSCRIPTION TERMS
20.1 CatchAlive delivers the CatchAliveOne box with a data subscription and SIM card. The card may only be used in communication devices provided or sold by CatchAlive. If the card is damaged, stolen or otherwise lost, CatchAlive must be notified immediately. CatchAlive will provide a new SIM card upon request, for a small fee.
20.2 In the case of misuse or suspected misuse of the SIM card or subscription, CatchAlive reserves the right to close the subscription.
20.3 The subscription can be used in the Nordic countries and Europe. If the subscription is to be used abroad, CatchAlive must give written consent to this.
20.4 Subscriptions are binding on both the buyer and CatchAlive for a period of twelve (12) months after the conclusion of the subscription agreement, and can then be terminated by both parties with one (1) months’ notice until the end of a subscription period.
20.5 If no written termination occurs, the subscription is considered continued for a further period of twelve (12) months, and so on.
20.6 CatchAlive does not compensate for terminated subscriptions.
20.7 Subscription cancellation must be made in writing and will not be valid, until they are confirmed by CatchAlive in writing.
20.8 The subscription covers a free * number of notifications about activation of the trap. *) Free number of notifications represent a maximum of 10 status/catch reports daily (on average over 1month).
21 MISCELLANEOUS
21.1 If any part of these terms of sale and delivery is deemed to be unlawful or invalid and thus unenforceable, this shall not affect the validity and enforcement of the remainder of these terms of sale and delivery.
