Handelsbetingelser

TERMS AND CONDITIONS

1.1 By using the Supplier, you also accept these terms and conditions (hereinafter referred to as the "Terms"). The Terms set out the conditions for the Supplier's sale and delivery of any service/product (hereinafter referred to as the "Service(s)" or "Product(s)") from the Supplier, unless otherwise expressly waived or modified in writing by another written agreement. The Terms apply to the delivery of the Service(s) or Product(s) to private individuals (hereinafter referred to as the "Customer").

1.2 The Terms apply regardless of whether the order is placed via the internet, e-shop, e-mail, telephone, or otherwise.

1.3 If the Customer makes specific requirements for the Service, as stated in the order placement, this is not binding for the Supplier unless the Supplier has declared its agreement with the conditions in writing.

OFFER/CONCLUSION OF AGREEMENT

2.1. The Customer's order placement to the Supplier shall not be considered a binding agreement between the Customer and the Supplier.

2.2. The parties' final agreement (hereinafter referred to as the "Agreement") is considered concluded when the Supplier has provided written acceptance in the form of an order confirmation, which is sent by the Supplier to the Customer.

2.3. By these Terms, the Customer accepts that the design/appearance of the Product may deviate from the visuals appearing on the Supplier's website/sent design/project planning/offer, without this entitling the Customer to assert breach of contract remedies against the Supplier.

2.4. As a Customer, you send information to the Supplier stating which needs you wish to have fulfilled. The Supplier subsequently sends an offer to the Customer, subject to the possibility of procuring the relevant Product. The Supplier is thus entitled to revoke the submitted offer, regardless of whether the offer may have been accepted or not, without the Customer being entitled to raise a claim of any kind against the Supplier, as no Agreement has been concluded between the parties.

2.5. If the Supplier's order confirmation, as sent to the Customer, does not correspond with the Customer's order, the Customer must complain without undue delay and no later than five (5) days after receipt of the order confirmation. The order confirmation is considered received when the Customer has received the order confirmation in their e-mail inbox.

TECHNICAL INFORMATION, GUIDANCE, ASSEMBLY, INSTALLATION, ETC.

3.1. Product information, illustrations, and information about technical data, etc., are for guidance only, as they have not been prepared by the Supplier. The Supplier's information is therefore only binding to the extent that this is expressly and written agreed between the parties.

3.2. The Supplier has no responsibility for whether the Service or Product can function in the Customer's existing and/or intended operating environment, and this responsibility lies solely with the Customer.

3.3. The Supplier encourages the Customer to clarify whether roof construction, roof covering, etc., is suitable for the installation of the ordered Product and/or system, just as it is the Customer's responsibility to clarify whether it conflicts with public or private easements, local plans, building regulations, or similar, for which the Supplier is without any form of liability. The Supplier encourages the Customer to seek building technical or legal advice regarding this before entering into an Agreement with the Supplier.

3.4. It is the Customer's own responsibility to ensure that the Customer has the necessary permits to install, assemble, connect, and use the Products, just as it is the Customer's own responsibility to ensure that the Products can be connected to the grid at the Customer's intended place of use. The Customer is encouraged to contact their grid company prior to ordering Products from the Supplier.

3.5. The Supplier is at no time responsible for the Customer's assembly of the products, nor is the Supplier at any time responsible for whether the Product is suitable for fulfilling the Customer's needs, including but not limited to: energy-related, economic, or otherwise. When the Product is delivered to the Customer's address, the risk is transferred to the Customer.

3.6. The Supplier may refer/recommend an installer to the Customer, if desired by the Customer, for the use of assembly and installation of the Product. However, no responsibility rests with the Supplier in this regard, as it will be an agreement solely between the Customer and the relevant installer, just as the Supplier is not bound by any form of advice or similar.

3.7. It is the Customer's own responsibility to consult with, for example, a consulting engineer, regarding the applicable wind zones, etc., and for the current placement of the system.

DELIVERY AND DELIVERY TIMES

4.1. The Supplier reserves the right to sell out of Products due to backorders with the Supplier or its contract parties, and therefore the Supplier reserves the right to cancel the order without costs to the Supplier. In such cases, the Supplier is in no way, regardless of the degree of negligence, responsible for the Customer's operating loss, time loss, loss of profit, loss of goodwill, indirect loss, or any other form of economic loss.

4.2. Delivery is considered completed when the Product has passed to the Customer or the Customer's representative, unless the Customer enters into an agreement for delivery with a carrier not provided by the Supplier. In that case, delivery will be considered completed when the Product has passed to a carrier chosen by the Customer.

4.3. If no time for delivery has been agreed, the Supplier determines the time of delivery. The Customer is, however, aware that the delivery time stated by the Supplier in the order confirmation is an estimate and not an expression of the precise delivery time, which is why the Customer cannot raise any claim against the Supplier if the delivery time is not met by the Supplier.

4.4. If the Customer has ordered multiple Products from the Supplier, the Supplier may split the order into multiple deliveries, which is why the delivery times may also deviate.

4.5. Costs for delivery of the Product to the Customer are borne by the Customer. The delivery costs will depend on the product type, quantity of Products, delivery address, etc., and the costs will appear in the order confirmation.

4.6. The Supplier reserves the right to interrupt any form of delivery if there is no adult person to receive the Product at the time of delivery, as only an adult person (minimum 18 years old) can sign for the receipt of the Product. In case of unsuccessful delivery, the Supplier reserves the right to charge costs for redelivery.

4.7. If the Customer is prevented from receiving or refuses to receive the agreed Product, delivery is considered completed and the risk is considered transferred to the Customer at the agreed delivery time. All costs associated with this shall be borne by the Customer.

4.8. The Supplier cannot be held liable for delays resulting from redelivery or remediation.

RIGHT OF CANCELLATION AND RETURN

5.1. The Customer has a 14-day right of cancellation for purchases made online. There is no right of cancellation for purchases/orders made in the Supplier's physical stores.

5.2. A Customer who wishes to make use of their right of cancellation is liable for any depreciation of the product's value resulting from handling other than what may have been specified in the accompanying guides.

5.3. Upon return, the Customer bears the costs hereof, and the person concerned bears the risk for the Product from the time of delivery until it is returned to the Supplier's address, regardless of which product is to be returned to the Supplier.

PRICES

6.1. All prices are in Danish kroner and include VAT. All expenses for the Product, including shipping, will appear in the order confirmation.

PAYMENT AND FINANCING

7.1. The purchase price is charged to the Customer when the Product is shipped.

7.2. The Supplier sends an invoice to the Customer when delivery and assembly have been agreed.

7.3. The Customer can never offset the purchase price, just as the Customer can at no time exercise a right of retention or refuse payment due to delay, complaint, or in other respects.

7.4. The Customer has the opportunity to finance the purchase through Resurs Bank, with whom the Supplier has entered into a financing agreement. The Supplier will thus settle the entire amount, including the system and assembly, but disclaims any responsibility in connection with the assembly, as this is performed by a third party. The Customer is therefore aware that the third party who may handle the assembly is stated in the order confirmation, and any complaint is irrelevant to the Supplier.

COMPLAINTS, ERRORS, AND DEFECTS

8.1. The Customer is encouraged to do the following without undue delay: 1) examine whether the delivered product corresponds to the ordered Product as stated in the order confirmation, 2) examine whether the Product has been damaged during transport, and 3) examine whether there are errors/defects in the Product.

8.2. If there is a defect in the Product, the Customer must inform the Supplier as soon as possible and without undue delay. The complaint regarding the defect must be thoroughly described, documented by photos, and the Customer must always send their complaint by written inquiry to the Supplier, via the e-mail indicated by the Supplier at any time, which appears on the Supplier's website.

LIMITATION OF LIABILITY

9.1. The Supplier is not liable, regardless of the basis on which the Customer may raise a claim and regardless of the degree of negligence, including for consequential damages or indirect losses, including but not limited to: operating loss, time loss, loss of profit, loss of goodwill, or any other form of economic loss that the Customer may be incurred.

PRODUCT LIABILITY

10.1 The Supplier is liable according to the Product Liability Act, to the extent that the law mandatorily imposes liability on the Supplier for such damages, and the Supplier's liability for this cannot lawfully be limited.

10.2 The Supplier's liability for product damage is limited to a maximum of DKK 5,000.

10.3 In cases where the Supplier is liable for product damage, but where the damage can also be attributed to errors committed by the Customer, the liability is distributed according to the degree of fault shown. To the extent that the Supplier may be held liable for product damage in relation to a third party, the Customer is obliged to indemnify the Supplier for the liability the Supplier may be imposed.

10.4 The Customer is obliged to allow themselves to be sued/complained against in the same court/arbitration that handles compensation claims against the Supplier from third parties in connection with products delivered by the Supplier via the Customer to third parties.

FORCE MAJEURE

11.1 Neither party is entitled to assert breach of contract remedies in the event of non-fulfillment of an obligation if it is due to force majeure events.

11.2 Force majeure exists if a party is prevented from fulfilling the Agreement as a result of: pandemics, extensive virus, war, civil war, terrorism, fire, interruption of general public transport, rebellion, public restrictions, import or export bans, natural disasters, labor disputes, or similar that could not or should not have been foreseen by the parties before the time of the conclusion of the Agreement. If force majeure lasts for more than 60 days, the Customer and the Supplier are entitled to cancel the Agreement without the parties being entitled to raise any claim of any kind against the other party.

DATA PROCESSING

12.1. Reference is made to the Supplier's personal data policy, which can be read here https://astroenergi.dk/pages/persondatapolitik.