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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 "Service(s)" or "Product(s)") from the Supplier, unless otherwise explicitly agreed upon 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 was 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, these are not binding on the Supplier unless the Supplier has agreed to the terms in writing.
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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 sent by the Supplier to the Customer.
2.3 By these Terms, the Customer accepts that the Product's design may deviate from the visual representation appearing on the Supplier's website/sent design/planning/quotation, 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 specifying the needs you wish to have met. Thereafter, the Supplier sends an offer to the Customer, subject to the possibility of procuring the Product in question. 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 any claim 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 to 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.
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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 explicitly and written agreed upon 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 the responsibility rests solely with the Customer.
3.3 The Supplier encourages the Customer to clarify whether the roof construction, roof covering, etc., is suitable for the installation of the ordered Product and/or system. It is also the Customer's responsibility to clarify whether it conflicts with public or private easements, local plans, building regulations, or similar, for which reason 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, mount, 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, just as the Supplier is at no time responsible for whether the Product is suitable for meeting the Customer's needs, including but not limited to: energy, financial, or other needs. Once the Product is delivered to the Customer's address, the risk has passed to the Customer.
3.6 The Supplier may refer/recommend an installer to the Customer if desired by the Customer for the purpose of assembly and installation of the Product. However, no liability rests with the Supplier in this regard, as it will solely be an agreement between the Customer and the relevant installer, and 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 applicable wind zones, etc., and for the actual placement of the system.
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DELIVERY AND DELIVERY TIMES
4.1 The Supplier reserves the right regarding sold-out Products due to backorders from the Supplier or its contract partners, for which reason the Supplier reserves the right to cancel the order without costs for the Supplier. In such cases, the Supplier is in no way, regardless of the degree of negligence, liable for the Customer's operating loss, loss of time, loss of profit, loss of goodwill, indirect loss, or any other form of financial loss.
4.2 Delivery is considered to have occurred 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 offered by the Supplier. In that case, delivery will be considered to have occurred when the Product has passed to a carrier of the Customer's choice.
4.3 If no time for delivery has been agreed upon, the Supplier determines the delivery time. However, the Customer is 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, for which reason the Customer cannot raise any kind of claim against the Supplier if the delivery time is not met by the Supplier.
4.4 If the Customer has ordered several Products from the Supplier, the Supplier may split the order into several deliveries, which is why delivery times may also vary.
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, the number of Products, the 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 present to receive the Product at the time of delivery, as only an adult person (minimum 18 years) can sign for 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 and risk are considered to have passed to the Customer at the agreed delivery time. All costs associated with this are borne by the Customer.
4.8 The Supplier cannot be held liable for delay resulting from redelivery or remediation.
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RIGHT OF WITHDRAWAL AND RETURNS
5.1 The Customer has a 14-day right of withdrawal for purchases made online. There is no right of withdrawal for purchases/orders made in the Supplier's physical stores.
5.2 The Customer who wishes to exercise their right of withdrawal is liable for the depreciation in the value of the product caused by handling other than what might be specified in the accompanying instructions.
5.3 Upon return, the Customer bears the costs, and the person in question 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 being returned to the Supplier.
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PRICES
6.1 All prices are in Danish kroner and include VAT. All expenses for the Product, including freight, will appear in the order confirmation.
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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 installation have been agreed upon.
7.3 The Customer can never offset the purchase price, just as the Customer cannot at any time exercise a right of retention or refuse payment due to delay, complaints, or in other respects.
7.4 The Customer has the option 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 installation, but disclaims all liability in connection with the installation, as this is carried out by a third party. The Customer therefore agrees that the third party who can handle the installation will be disclosed in the order confirmation and any complaint is irrelevant to the Supplier.
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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 detailed, documented with pictures, and the Customer must always send their complaint by written inquiry to the Supplier at the e-mail address designated by the Supplier at any given time, which appears on the Supplier's website.
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LIMITATION OF LIABILITY
9.1 The Supplier is not liable, regardless of the basis on which the Customer might raise a claim, and this regardless of the degree of negligence, including for consequential damages or indirect losses, including but not limited to: operating loss, loss of time, loss of profit, loss of goodwill, or any other form of financial loss that the Customer may be subject to.
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PRODUCT LIABILITY
10.1 The Supplier is liable under 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 exhibited. To the extent that the Supplier may be held liable for product damage in relation to a third party, the Customer is obliged to hold the Supplier harmless for the liability that the Supplier may be imposed.
10.4 The Customer is obliged to allow themselves to be sued/complained against at the same court/arbitration tribunal that handles claims for damages against the Supplier from third parties on the occasion of products delivered by the Supplier via the Customer to third parties.
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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, widespread virus, war, civil war, terror, 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 at 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.
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DATA PROCESSING
12.1 Reference is made to the Supplier's personal data policy, which can be read here https://astroenergi.dk/pages/persondatapolitik.
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CHOICE OF LAW AND VENUE
13.1 Any issue that may arise between the parties that cannot be resolved amicably and that may stem from this is subject to Danish law and must be brought before the Danish courts, with the Copenhagen City Court as the venue in the first instance.
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CHANGES
14.1 The Supplier reserves the right to make changes to the Terms at any time and without notice. Continued use by the Customer of the Supplier is to be considered an acceptance of the changed Terms.
14.2 The latest update time for the Terms appears on the Supplier's website.
Right of Withdrawal and Cancellation of Order
When shopping on our webshop, you have a 14-day right of withdrawal from the day you receive the item. If you wish to exercise your right of withdrawal, the following conditions apply:
Cancellation before shipment:
If you cancel your order before shipment, we will still invoice for shipping costs, as we have already started processing the order.
Withdrawal after receipt:
If you return the item within 14 days of receipt, we only refund the price of the item. We do not refund the shipping costs from the original shipment.
You must pay for the return of the item yourself.
Refused receipt or uncollected packages:
If you refuse to receive the package or fail to pick it up at the collection point, it is automatically returned to us. In this case, we invoice the shipping costs and only refund the price of the item after deduction of shipping expenses.
Custom-made or sealed items:
