1. Validity

1.1. These General Terms and Conditions of Sale and Delivery ("T&C") shall apply to any purchase of goods ("GUBI Products") at www.gubi.com (the Website”) owned and administered by GUBI A/S (a Danish public limited company) ("GUBI") offered from time to time to any GUBI customer being a member of GUBI’s trade program (a "Customer").

 

 

2. Registration requirements

2.1. To qualify for GUBI’s trade program, the Customer must (i) be a designer, architect or interior professional, (ii) have a valid VAT number related to that business and (iii) agree to comply with and be bound by the T&C as applicable from time to time, see clause 16.1. Further, the Customer is responsible for submitting valid customer information when placing an order on the Website.

 

 

3. Order acceptance

3.1. When a Customer places an order on the Website, the Customer automatically receives an order confirmation to the email registered in connection with placing the order. Once the Customer has received the order confirmation from GUBI, a binding agreement has been made.

 

 

4. Prices and Trade Discounts

4.1. All prices on the Website are inclusive of VAT, taxes, duties, packaging, transportation costs, and insurance. Prices will be shown in DKK, EUR or GBP and the price applicable for a Customer’s purchase on the Website will be the currency shown on the Website upon receipt of the order confirmation.

4.2. GUBI offers an order-level discount of 20% on any Customer order up to and including DKK 15,000 / EUR 2,000 / GBP 1,700. For orders exceeding this threshold, GUBI offers a 30% discount. These discounts cannot be combined with other discounts, or campaigns and do not apply to spare parts and samples.

4.3. If a Customer’s annual spend (excluding credits and refunds) over a 12-month rolling period exceeds DKK 75,000 / EUR 10,000 / GBP 8,500, GUBI offers the Customer a discount of 35% on any order throughout the period. GUBI monitors the Customer’s annual spend of GUBI Products, and if the threshold is met, the increased discount will be automatically applied to any order.

4.4. GUBI reserves the right to change the prices on the Website with immediate effect.

 

 

5. Payment

5.1. At the Website, GUBI accept the following means of payment: • VISA • American Express • Cartes Bancaires • Google Pay • MasterCard • China UnionPay • Apple Pay • WeChat Pay • Link • BLIK • Bancontact • EPS • Giropay • iDEAL • Przelewy • Sofort • Klarna • SEPA Direct Debit.

5.2. GUBI does not charge any credit card fees. The purchase amount (less any discount) will be reserved in connection with the Customer’s placement of an order. The amount will be withdrawn from the Customer’s account upon GUBI’s dispatch of the GUBI Products. In case of partial delivery, only the amount corresponding to the delivery itself will be withdrawn. The Customer will receive an invoice by email when the order has been shipped.

5.3. In case of orders on made-to-order good, non-stocked good or goods in back order, GUBI withdraws the purchase amount upon the Customer’s placement of the order.

 

 

6. Delivery and Freight costs

6.1. GUBI only offers delivery of goods to the following countries within Europe: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and United Kingdom. Notwithstanding the aforesaid, GUBI does not facilitate any delivery to islands and/or remote areas.

6.2. GUBI Products will be shipped using standard packaging and will be shipped with DSV, GLS or NTG depending on the ordered GUBI Products.

6.3. Freight costs will be applied on all orders and will be clearly stated on the order confirmation and the invoice. Freight costs will be charged by GUBI as follows:
(i) orders on or below DKK 1,000 / EUR 130 / GBP 115: DKK 50.00 / EUR 7.00 / GBP 6.00, and
(ii) orders above DKK 1,000 / EUR 130 / GBP 115: 8% of the purchase price paid by the Customer.

6.4. GUBI Products on stock will be shipped as soon as possible and the estimated shipment date will appear on the order confirmation. Delivery within a requested time is not possible and GUBI cannot be held liable for any loss because of delayed delivery. Orders will be delivered to the curb on the most appropriate location as close to the Customer’s intended destination as possible, however, the Customer will be responsible for carrying the GUBI Products inside.

 

 

7. Warranty

7.1. GUBI warrants that at the time of delivery to the Customer, GUBI Products offered on the Website shall be free from defects in material and workmanship. The warranty shall be valid for 2 years from the date of shipment from GUBI to the Customer.

7.2. In case of claims made within the warranty period, GUBI requires a written and detailed description of the non-conformity from the Customer. The Customer shall also submit pictures of the GUBI Product to support the description before returning the GUBI Product to GUBI for further examination.

 

 

8. Defects and Claims

8.1. The Customer must inspect the GUBI Products immediately upon receipt. GUBI and the freight carrier shall be notified immediately of any claims and/or visible transport damages which shall also be stated on the delivery note/consignment note immediately after receipt of the GUBI Products. Failing this, the Customer is not entitled to rely on such defects against GUBI.

8.2. Claims regarding non-visible transport damages, defects or non-conformities must be made in writing to GUBI no later than 7 days from the Customer’s receipt of the order. Failing this, GUBI will automatically reject the claim. Natural variations in organic materials are not considered as defects.

8.3. If the Customer within the 2 year warranty period set out in clause 7.1 can prove that a GUBI Product purchased is subject to non-conformities or defect, GUBI may, at its sole discretion, (i) remedy the non-conformity or defect at GUBI's expense including as regards freight costs and charges, (ii) refund the price paid by the Customer for said GUBI Product, or (iii) arrange for a replacement delivery. If it is not possible to deliver an identical GUBI Product, GUBI may offer the Customer to replace with a comparable GUBI Product at its own discretion. This clause sets out GUBI's sole responsibility and exclusive remedy under the warranty.

8.4. Except in case the non-conformity or defect on a GUBI Product is caused by gross negligence or wilful misconduct by GUBI, the Customer shall not be entitled to cancel the purchase in full or in part or demand a proportionate reduction in price, other compensation, or repayment.

8.5. Defective GUBI Products to be repaired or replaced shall be readily accessible to GUBI and will be delivered by GUBI as stipulated in the order confirmation related to the defective GUBI Product.

 

 

9. Returns

9.1. Returns are not accepted without GUBI's prior written permission. GUBI Products must be returned in original packaging if possible and otherwise by using a secure and proper packaging standard. The Customer bears the risk of the GUBI Product in case of any returns.

9.2. Unless otherwise agreed in writing, the Customer shall pay the freight costs and charges in connection with any return of GUBI Products to GUBI not caused by a defect.

 

 

10. Changes in design

10.1. Prior to delivery and without prior notice, GUBI reserves the right to make any changes to a GUBI Product’s design, including changes to specifications that it may find necessary or appropriate.

 

 

11. Product Compliance and fire retardancy

11.1. GUBI Products offered on the Website have been manufactured in compliance with applicable EU regulation or UK regulation, as the case may be.

11.2. Upholstered GUBI Products intended for the UK market comply with local regulations and requirements pertaining to fire-retardant materials and fabrics.

 

 

12. GUBI Library and GUBI content

12.1. GUBI offers access to the GUBI Library where Customers can find lifestyle images, product photos, social media content, and designer portraits, etc. The Customer accepts and acknowledges that GUBI Library is the Customer’s only source to GUBI content and that any use of GUBI Library requires compliance with the brand guidelines published at GUBI Library in force from time. All material available at GUBI Library including content on GUBI's own social media platforms are and will remain GUBI's property. GUBI is entitled, at its sole discretion, to request in writing that the Customer immediately ceases any use of GUBI content including on the Customer’s own social media platform(s).

 

 

13. Limitation of liability

13.1. GUBI is not liable for (and thus the warranty set out in clause 7.1 does not extend to) ordinary wear and tear, wear of or damage to upholstery and surfaces (including surface finish), or damage caused by wrongful and/or insufficient maintenance or incorrect or unusual/extreme use or other physical damages caused by for example storage under extreme temperature/climate conditions or use which is not in compliance with GUBI's instructions.

13.2. GUBI is not liable for any damage or loss that the Customer may suffer caused by a defective GUBI Product or other breach of contract unless the loss is due to GUBI's gross negligence or wilful misconduct.

13.3. GUBI is not liable for any damage or loss that the Customer may suffer due to delayed delivery or non-delivery irrespective of such delay or non-delivery is caused by GUBI.

13.4. Under no circumstances (including in respect of product liability) is GUBI liable for any indirect or consequential losses suffered by the Customer caused by defects and non-conformities in GUBI Products such as loss of profits, operating loss, loss of goodwill, or any other financial consequential loss such as legal costs.

 

 

14. Product liability

14.1. Unless otherwise provided by mandatory law, GUBI is not liable for any damage to property, including the GUBI Product itself, personal injury, or death (product liability), unless the Customer can prove that such damage was caused by a defective GUBI Product. Notwithstanding the aforesaid, if non-compliance with GUBI's instructions has caused the defect, GUBI cannot be held liable for the damage.

14.2. GUBI's liability for personal injury caused by a defective GUBI product shall be limited to the greatest possible extent under mandatory laws. However, in no event shall GUBI's liability for any loss suffered by the Customer (acting as middleman) exceed an amount equivalent to DKK 50,000 (or equivalent EUR or GBP amount).

14.3. The Customer must inform GUBI immediately in writing if third-party claims arise due to damage to property, personal injury or death caused by a GUBI product.

 

 

15. Force majeure

15.1. GUBI shall not be liable for any delay or failure in shipment or delivery of GUBI Products due to events beyond the reasonable control of GUBI if such events prevent GUBI from performing its contractual obligations or render such performance unreasonably burdensome, including but not limited to war, terrorism, epidemic, pandemic, breakdown of plant or machinery, blockages resulting in major disruption for the global shipping industry, natural catastrophes, strikes or other labour disturbances, accidents, Acts of God, governmental acts or omissions, changes in laws and regulations, industrial disputes, exchange controls, or general scarcity of raw materials or energy ("Force Majeure"). If GUBI intends to rely on exemption from liability due to a Force Majeure event, GUBI shall notify the Customer thereof in writing within reasonable time.

15.2. If said Force Majeure event continues for a continuous period of more than 90 days, GUBI may terminate the order or any other type of agreement without liability by providing written notice to the Customer.

 

 

16. Changes

16.1. The T&C may be subject to revision and change from time to time at GUBI’s sole discretion. The most recent version of the T&C will always accompany the order confirmation. The Customer is encouraged to review the T&C upon receipt.

 

 

17. Severability

17.1. Should any provision of the T&C be determined to be void, invalid, illegal, or unenforceable in any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby nor should such provision be deemed void, invalid, illegal or unenforceable in any other jurisdiction.

 

 

18. Applicable law and jurisdiction

18.1. Any dispute, controversy or claim arising out of or in connection with the T&C shall at GUBI's sole discretion be settled by the Copenhagen City Court or by the Maritime and Commercial Court in Copenhagen as venue for the first instance. All disputes shall be settled according to Danish law.

18.2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.