Terms & Conditions

TERMS AND CONDITIONS

D Ferments ApS (“DAMO”) 

Company Details:
Legal Name: D Ferments ApS
CVR: 43207504
Address: Ellekær 14, DK 2730 Herlev, Denmark
Phone: +45 71975091
Email: hello@dferments.dk
Webshops: dferments.dk and damocph.com

These Terms and Conditions apply to all purchases, services, and use of the websites dferments.dk and damocph.com, including retail sales, subscriptions, wholesale orders, and event services. By placing an order or using the websites, you accept and agree to be bound by these Terms and Conditions.

 

1. DEFINITIONS

1.1. DAMO: Refers to D Ferments ApS, CVR 43207504.
1.2. Customer: The person or entity purchasing Products or Services from DAMO.
1.3. Perishable Goods: Products sensitive to time and temperature, including kombucha, vegan kimchi, and cocktails/cocktail bases.
1.4. Merchandise: Non-perishable items such as apparel, accessories, or equipment.
1.5. Websites: Refers to both dferments.dk and damocph.com.

 

2. PRODUCTS AND DISCLAIMERS

2.1. Kombucha and Live Products: Kombucha from DAMO is unpasteurized unless otherwise stated. It is a live product that continues to ferment, meaning:

• Pressure may build in sealed containers.

• Carbonation levels may vary between batches.

• Natural sediment, SCOBY remnants, or pellicle formation may occur; this is normal and not a defect.

• Trace alcohol content may slightly increase over time due to natural fermentation.

2.2. Product Storage (Crucial): All Perishable Goods must be kept refrigerated at a maximum of 5°C immediately upon receipt. They must be stored upright, away from direct sunlight or heat, and never frozen or shaken.

2.3. Safe Opening Protocol: Due to potential pressure, containers should be opened slowly, preferably at a 45-degree angle, pointed away from the face, and handled with care to safely release any built-up gas.

2.4. Alcoholic Products (Age Verification): Alcoholic products, including ready-to-drink cocktails and cocktail bases, are sold only to Customers who meet the legal drinking age in Denmark (currently 18 years). The Customer confirms their age during checkout. DAMO reserves the right to request valid photo identification upon delivery and may refuse or cancel an order if age cannot be verified or if the recipient appears intoxicated.

2.5. Allergens and Ingredients: Customers with allergies or intolerances must review the ingredient list on the product page and product label before purchase.
DAMO accepts no liability for allergic reactions to listed ingredients.
Cross-Contamination Disclaimer: While all efforts are made to avoid cross-contamination, DAMO cannot guarantee the complete absence of common allergens (e.g., gluten, nuts, soy) in our production facility or via supplier ingredients, even if not explicitly listed in a specific product.
For any clarification, contact hello@dferments.dk before ordering.

2.6. Vegan Kimchi: Vegan Kimchi is produced using a proprietary living culture initiated in 2016 and is entirely plant-based. Natural evolution of flavor, texture, acidity, or brine release over time is normal and is not considered a defect.

 

3. PURCHASE PROCESS AND PRICING

3.1. Ordering: Orders are placed via the Websites. Only one discount code may be applied per retail order.
3.2. Payment: Accepted methods include MobilePay, Visa, Mastercard, Apple Pay, Google Pay, and PayPal. All payments are processed securely via encrypted third-party payment gateways.
3.3. Order Confirmation: An order confirmation will be sent by email. If not received within 60 minutes, the Customer must contact hello@dferments.dk.
3.4. Pricing: Prices are stated in Danish kroner (DKK) and include VAT unless explicitly stated otherwise (e.g., wholesale prices are listed exclusive of VAT). Shipping costs are calculated and added at checkout.
3.5. Price Errors: DAMO reserves the right to change prices prior to order confirmation. Obvious pricing or input errors may result in order cancellation with a full refund to the Customer.
 

4. DELIVERY, RISK, AND INSPECTION

4.1. Geography: DAMO currently ships within Denmark and delivers locally in Copenhagen and surrounding areas.
4.2. Shipment Schedule: National shipments are sent via GLS on Tuesdays. Local deliveries are typically made by bike courier on Tuesdays and Thursdays.
4.3. Customer Responsibility (Local Delivery): Customers must ensure access and availability during the delivery window. Unattended parcels, especially Perishable Goods, are left at the Customer's own risk regarding temperature/storage.
4.4. Risk Transfer: Risk for loss or damage to the Products transfers to the Customer upon delivery at the address provided. DAMO is not responsible for loss or delay caused by incorrect or incomplete address details. Re-delivery costs due to failed delivery are the Customer’s responsibility.
4.5. Inspection and Damage: If a parcel is visibly damaged, the Customer should refuse it and immediately notify both the carrier and DAMO with photo documentation. If accepted, photos of the damage must be taken and shared with DAMO within 24 hours of delivery.

 

5. RIGHT OF WITHDRAWAL AND RETURNS

5.1. Perishable Goods (No Right of Withdrawal): In accordance with Danish consumer law (Forbrugeraftaleloven), no statutory right of withdrawal applies once perishable products have left DAMO’s control. Returns are therefore not possible for these items.
5.2. Merchandise (14-Day Right of Withdrawal): For Merchandise, Customers have a 14-day statutory right to withdraw from the purchase from the date of receipt. Items must be unused, in original packaging, and in the same condition as received. Customers cover return shipping unless the item is defective or incorrect. Contact hello@dferments.dk for return instructions.
5.3. Services (Events/Catering): Right of withdrawal applies unless the Customer requests service performance to start within the 14-day period with acknowledgment that withdrawal is waived or service is fully performed with prior consent.

 

6. ORDER CHANGES AND CANCELLATIONS

6.1. Customer Cancellation: For Perishable Goods, cancellation is only possible if DAMO has not yet packed or handed goods to the carrier. Contact immediately to attempt cancellation.
6.2. DAMO Cancellation: DAMO may cancel or delay orders due to stock, pricing, age verification, or force majeure, with full refund.

 

7. COMPLAINTS AND REFUNDS

7.1. Notification: Complaints about damaged or defective products must be made within 7 days with photos and description to hello@dferments.dk.
7.2. Remedies: DAMO will refund or replace products if defect or shipping damage is confirmed and goods handled/stored properly.
7.3. Non-defects: Natural characteristics are not defects; claims based on improper storage or handling are invalid.
7.4. Shipping Issues: Contact carrier first for delays/losses then inform DAMO.

 

8. INTELLECTUAL PROPERTY AND WEBSITE USE

8.1. Ownership: Intellectual property including trademarks, logos, content, and proprietary culture belong to DAMO or licensors.
8.2. Permitted Use: Personal use related to purchasing products/services only.
8.3. Prohibited Conduct: No copying, hacking, scraping, malware spreading, or false identities/payment methods. Violations may lead to termination or legal action.

 

9. COMMERCIAL AND WHOLESALE PURCHASES (B2B)

9.1. Binding orders upon written confirmation.
9.2. Delivery is Ex Works unless otherwise agreed.
9.3. Prices exclusive of VAT; payment terms net 8 days; late payment interest 2%/month.
9.4. Buyer inspects goods and reports defects within 7 days.
9.5. Liability limited for indirect/consequential damages.

 

10. EVENTS AND CATERING

10.1. Bookings confirmed on deposit/payment per offer. Deposits may be non-refundable.
10.2. Responsible service; DAMO may refuse intoxicated guests or cease service.
10.3. Clients responsible for permits, access, and utilities.
10.4. Replacement cost charged for lost/damaged equipment.
10.5. Client indemnifies DAMO for guest actions or property damage.

 

11. PRIVACY, GIFT CARDS, AND LOYALTY

11.1. Personal data governed by DAMO Privacy Policy. Payment info processed securely by third parties.
11.2. Gift cards valid 2 years, no cash refund.
11.3. Loyalty programs discretionary and may be revoked for misuse.

 

12. FORCE MAJEURE

DAMO not liable for disruptions beyond reasonable control (strikes, war, public restrictions, weather, illness). Orders delayed or cancelled with refund for undelivered goods.

 

13. LIMITATION OF LIABILITY

Liability limited to purchase price; no liability for indirect/consequential damages per Danish law.

 

14. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION

Terms governed by Danish law; disputes under City Court of Copenhagen jurisdiction. Parties agree to seek amicable resolution or mediation prior to litigation.

 

15. CHANGES TO TERMS AND CONTACT

DAMO may update Terms; applicable version at purchase applies. Contact: hello@dferments.dk or +45 71975091.