Last updated: 17/04/2026
These Terms of Trade (“Terms”) apply to all purchases of physical products and services made via CLIMIFY, including through the webshop, email, or other written communication, by business customers and public institutions.
By placing an order, the Customer accepts these Terms.
“CLIMIFY” means CLIMIFY ApS (CVR: 42021830)and/or CLIMIFY Operations ApS (CVR: 43541706), Diplomvej 381, 2800 Kongens Lyngby, Denmark, as applicable.
The contracting entity shall be the CLIMIFY entity issuing the invoice or order confirmation.
Email: info@climify.com
Website: www.climify.com
These Terms apply in addition to CLIMIFY’s Terms of Service (for SaaS subscriptions) and the Data Processing Agreement where applicable.
These Terms apply to:
These Terms apply only to business customers and public institutions. Danish consumer protection law does not apply.
The Customer acknowledges that CLIMIFY acts as a reseller of products and does not assume product liability beyond what follows from mandatory law.
CLIMIFY reserves the right to reject orders due to pricing errors, discontinued products, credit concerns, or similar reasons.
Any deviating or additional terms proposed by the Customer apply only if expressly accepted in writing by CLIMIFY.
CLIMIFY retains ownership of all delivered physical products until the purchase price has been paid in full.
Until ownership has passed:
Retention of title does not affect the passing of risk, which is governed by Clause 6.
Products are shipped via PostNord.
Unless otherwise agreed, delivery time is normally 2–5 business days from receipt of payment.
Unless otherwise agreed in writing, physical products are sold and delivered Ex Works (EXW) from the manufacturer’s or supplier’s premises, or EXW from CLIMIFY’s premises where applicable, in accordance with Incoterms® 2020.
Risk of loss or damage passes to the Customer when the products are placed at the Customer’s disposal at the relevant EXW delivery point.
If CLIMIFY arranges transport on behalf of the Customer, this is done solely as a service to the Customer and does not affect the transfer of risk.
For the avoidance of doubt, CLIMIFY does not assume responsibility for transport risks. Any damage, loss,or delay occurring during transport is the responsibility of the Customer, even if CLIMIFY arranges shipment on the Customer’s behalf. This allocation of risk reflects CLIMIFY’s role as a reseller and the underlying terms agreed with its suppliers.
6.3 Product Handling and Inspection
CLIMIFY does not open, test, or independently inspect products prior to shipment and relies on the manufacturer’s packaging and quality control.
6.4 Product Responsibility
CLIMIFY acts solely as a reseller of third-party products.
The Customer acknowledges that any guidance provided by CLIMIFY is for general informational purposes only. CLIMIFY does not guarantee the performance, functionality, or suitability of the products for the Customer’s specific use or intended outcome.
All such responsibility rests with the manufacturer and, as between CLIMIFY and the Customer, is borne by the Customer, to the extent permitted by law.
6.5 SaaS Delivery
Digital services (SaaS) are considered delivered when access credentials have been supplied to the Customer.
Customised or made-to-order products cannot be cancelled once production has begun and cannot be returned unless unless otherwise agreed in writing.
Any defects are handled in accordance with Clause 9.
CLIMIFY will clearly indicate which products are custom-made.
The Customer shall inspect products promptly upon delivery.
Any defects or non-conformities must be notified to CLIMIFY without undue delay and no later than 14 days after discovery.
This notification requirement applies to claims handled through CLIMIFY and does not limit any rights the Customer may have directly against the manufacturer under applicable warranty terms.
Notification does not imply acceptance of liability by CLIMIFY.
CLIMIFY may, at its discretion, assist the Customer in addressing claims with the manufacturer but does not assume liability for such defects.
Failure to notify CLIMIFY within the above deadline may result in CLIMIFY declining any assistance. Such notification is for information purposes only and does not constitute a warranty claim process with CLIMIFY.
To the extent permitted by applicable law, the Customer’s remedies are limited to those available against the manufacturer.
To the extent permitted by law, CLIMIFY passes on to the Customer any product warranty or defect rights provided by the relevant manufacturer or supplier, to the extent CLIMIFY is contractually permitted to do so by the relevant manufacturer or supplier.
Except for such pass-through rights, CLIMIFY does not provide any separate or additional product warranty.
The Customer shall address all warranty and defect claims directly with the relevant manufacturer or supplier in accordance with their applicable procedures.
CLIMIFY does not act as an authorised service provider for the manufacturer unless explicitly agreed.
CLIMIFY may, at its discretion, assist the Customer in submitting and handling warranty or defect claims with the manufacturer or supplier, but CLIMIFY does not assume independent warranty liability beyond the rights expressly passed through from the manufacturer or supplier and any liability that cannot be excluded under mandatory law.
The Customer acknowledges that warranty scope, remedies, exclusions, and claim periods may be determined by the relevant manufacturer’s or supplier’s terms.
Where a manufacturer’s or supplier’s warranty applies to a product, such warranty terms shall govern the scope, conditions, and duration of warranty coverage for that product. In the event of inconsistency between such warranty terms and these Terms, the manufacturer’s or supplier’s warranty terms shall prevail with respect to the warranty only.
CLIMIFY does not guarantee the availability or continuity of manufacturer warranty services.
All costs related to the return of products, including products claimed to be defective or delivered in non-working condition (DOA), shall be borne by the Customer. CLIMIFY does not cover any shipping, handling, or logistics costs related to returns, warranty claims, or defect handling. Any reimbursement of such costs shall be subject solely to the policies of the relevant manufacturer or supplier.
As the webshop is B2B-only, no right of withdrawal applies.
Returns may be accepted only if agreed in writing and at the Customer’s cost.
To the extent permitted by law, CLIMIFY is not liable for property damage caused by the products after delivery, including damage to items manufactured by the Customer or incorporated into the Customer’s products.
If CLIMIFY incurs liability toward a third party, in connection with the products, the Customer shall indemnify CLIMIFY to the extent such liability arises from the Customer’s use, integration, or resale of the products.
The above limitations do not apply in cases of CLIMIFY’s intent or gross negligence.
To the extent permitted by applicable law, CLIMIFY does not assume responsibility for product safety, functionality, or performance.
The Customer acquires ownership only of the physical hardware.
CLIMIFY retains all intellectual property rights to its platform, software, firmware, algorithms, designs, documentation, and know-how.
The solution is built on an open architecture that allows interoperability with third-party systems, without transferring ownership of CLIMIFY’s IP or granting access to source code.
The Customer receives a non-exclusive, non-transferable license to use the embedded software solely for operating the hardware and services as intended.
The Customer may not, except where required by mandatory law:
The Customer is responsible for correct installation unless otherwise agreed in writing.
The Customer must ensure that all technical prerequisites are in place, including but not limited to:
CLIMIFY is not liable for failures or defects arising from missing technical prerequisites.
The Customer acknowledges that CLIMIFY does not verify product performance and does not guarantee performance, functionality, or suitability beyond the guidance described in Clause 6.4.
CLIMIFY’s total liability for any claim,including claims related to products, defects, or performance, is limited to the amount paid for the order in question.
This limitation applies regardless of the legal basis of the claim, including contract, tort, or product-related claims.
CLIMIFY is not liable for:
This limitation does not apply to intent or gross negligence.
CLIMIFY is not liable for delays or failure caused by circumstances beyond its reasonable control, including war, strikes, natural disasters, pandemics, or supply disruptions.
During a force majeure event, CLIMIFY’s obligations are suspended for the duration of the event.
Force majeure does not entitle the Customer to terminate the agreement.
These Terms are governed by Danish law.
Disputes shall be settled by the City Court of Copenhagen (Københavns Byret).
CLIMIFY may update these Terms at any time.
Changes apply to orders placed after the updated Terms are published.
Notwithstanding the above, CLIMIFY may offer additional service packages, including services related to hardware handling, logistics, warranty management, and returns.
Where such services are explicitly agreed in writing (e.g. in a Purchase Order), CLIMIFY shall assume responsibility for such services in accordance with the agreed terms. In such cases, the provisions in these Terms relating to hardware handling, warranty, and shipping shall be modified only to the extent explicitly agreed.
END OF TERMS
