1) Introduction
1.1) www.enastrand.com is owned and operated by ena strand ApS, CVR no. 44065665 (hereinafter “ena strand”).
1.2) These terms and conditions of sale and delivery apply to consumer contracts for the purchase of goods on www.enastrand.com for delivery in Denmark, except in Greenland and the Faroe Islands, unless otherwise expressly stated in the terms and conditions.
1.3) The conditions for the purchase of goods by companies on www.enastrand.com are set out in section 11.
1.4) If one or more provisions of the Terms and Conditions of Sale and Delivery are unenforceable or are deemed to be invalid, the other provisions shall not be affected.
2) Delivery and delivery types
2.1) The following delivery types are available for items purchased on www.enastrand.com:
- Delivery to parcel boxes or post offices
- Delivery to your address: Delivery against a receipt at an address of your choice.
- Delivery to store: Pick-up in ena strand ApS’ store. Note: In order for you to receive your goods, you must present your passport, driver’s license or health card, as well as sign for delivery by signing a delivery form. If you are unable to pick up your goods yourself, you can get someone else to do it for you. This requires that you sign a one-time power of attorney, which must be brought with the person picking up the goods.
2.2) Please note that not all delivery types are available on all items. The possible types of delivery are shown on the individual item.
2.3) ena strand strives to deliver the ordered goods as soon as possible, which is generally within 7 working days unless otherwise stated on the individual item on ena strand’s website.
2.3.1) When delivering to a parcel box or post office, the risk of the product is transferred from ena strand to the buyer when the buyer has picked up the product.
2.3.2) In the case of delivery directly to a delivery address requested by the buyer, the risk of the product is transferred from ena strand to the buyer when the product is unloaded at the delivery location.
2.3.3) The buyer pays shipping costs by agreement and in accordance with the information on the website.
2.3.4) A significant delay may not occur until no earlier than 30 calendar days after the agreement is made, unless another delivery deadline has been agreed.
3) Order confirmation and receipt of order
3.1) ena strand’s advertising of works of art is an invitation to make an offer, cf. § 9 of the Danish Contracts Act, unless otherwise stated when ordering the product. Therefore, a binding purchase agreement has not been entered until ena strand has accepted your order of goods. This only happens when you receive an order confirmation from ena strand.
3.2) If ena strand is able to fulfill your order, you will subsequently receive a binding order confirmation by e-mail when the item is shipped from our warehouse or delivered by our supplier.
4) Payment and security
4.1) All prices to consumers on ena strand’s website include VAT and are in Danish kroner (DKK).
4.2) When shopping at www.enastrand.com, you must use a payment card. To protect your card information, the payment is handled by an approved and certified payment module provider. This ensures that all information is processed encrypted, so that neither www.enastrand.com nor anyone else can access your card information.
4.3) On www.enastrand.com you can use the following payment methods: MobilePay, Dankort, VISA-Dankort, MasterCard, VISA, VISA-Electron or transfer via online banking/payment card. Before you choose a payment card, you will be informed of any card fee for the different card types. When you select a card, the full amount that will be deducted from your account including the card fee will be displayed. The payment will be taken when we have shipped your goods.
5) Right of withdrawal
5.1) When trading on www.enastrand.com you can, with the information in clause. 5.20-5.21 specified exceptions, within a period of 14 calendar days, cancel your purchase. You are not obliged to give reasons for cancelling the purchase.
5.2) The withdrawal period is calculated from the day on which you, or a third party specified by you, but not the carrier, took physical possession of the goods.
5.3) To cancel your purchase, you must notify us of your decision in an unequivocal statement. You can do this, for example, by e-mail to us or by using the standard withdrawal form in Appendix 1 and sending it to us.
5.4) Enquiries regarding the right of withdrawal must be sent to:
ena strand ApS
Østervej 22
9881 Bindslev
Tel.: 28147447 (Monday – Thursday 10:00 – 14:00)
Mail: hello@enastrand.com
5.5) If you choose to write to us by email in connection with cancelling your purchase, we will immediately acknowledge receipt of the notification by email.
5.6) Consequences of Right of Withdrawal
5.7) When exercising the right of withdrawal, your payment will be refunded, however, you are liable for any deterioration in the value of the goods that is due to handling other than what is necessary to establish the nature, characteristics and the way in which it works.
5.7.1) In this connection, we reserve the right, after specific inspection in each case, to reduce the refund or to let the refund lapse altogether.
5.8) Delivery costs will be refunded according to the rate of the cheapest standard delivery offered.
5.9) Refunds will be made using the same means of payment as were used for the original transaction, unless a different form of refund is specifically agreed.
5.10) You will not be charged any payment fee in connection with the refund.
5.11) Refunds will be made without undue delay and in any event no later than 14 calendar days from the date on which we have received notification of your decision to cancel the purchase.
5.12) However, we may withhold the refund until we have received the returned item, or you have provided documentation of having returned the item, whichever is the earliest.
5.13) Return
5.14) When exercising the right of withdrawal, you are responsible for returning the item.
5.15) You must return the item without undue delay and no later than 14 calendar days from the date on which you have informed us of the exercise of the right of withdrawal. The deadline is met if you return the item before the end of the 14 calendar days.
5.16) You must bear the direct costs in connection with the return of the goods. If you want to send an item back, make sure it’s securely wrapped. Please note that return labels may not be attached directly to the item.
5.17) On items with the delivery types ‘Delivery to your address’, ‘Delivery to store’, ‘Delivery to post office’ and ‘Delivery to parcel box’, you can fill out our return form and send the item back to us at the address:
ena strand
Østervej 22
9881 Bindslev
5.18) You can always request a new return label by contacting our customer service by phone 28147447 (Monday – Thursday 10:00 – 14:00). If the package has been delivered with Postnord, you can choose via our return form whether you want to send the package back via a parcel box, have the package picked up at your address, have a return label sent to you or whether you want to print the return label yourself. If you choose to have a return label sent to you or print it yourself, you can hand in the package at any post office or in ena strand’s store.
5.19) Goods exempt from the right of withdrawal
5.20) The right of withdrawal does not apply to the following types of goods:
- Goods that are manufactured according to your specifications, or have been given a clear personal touch, cf. § 18 section 2 part 3 of the Consumer Contracts Act.
6) Complaints
6.1) When you shop at www.enastrand.com, you have a 24-month right of complaint against defects or defects in the product calculated from the time you received the product. You must complain within a reasonable time after you have discovered the error or defect. A timely, justified complaint means that you can either have the item repaired, get a price reduction or get your money back, depending on the specific situation.
6.2) The right of complaint lapses if the defect or defect is caused by the buyer, for example as a result of incorrect use or repair.
6.3) If you wish to complain about items that are ‘Delivered to store’, ‘Delivered to your address’, ‘Delivered to post office’ or ‘Delivered to parcel box’, the following procedure applies: If you believe that there are defects or defects in the item, and you wish to make a complaint, you must fill out our return form. Via our return form, you can choose whether you want to send the package back via a parcel box, have the package picked up at your address, have a return label sent to you or whether you want to print the return label yourself. If you choose to have a return label sent to you or print it yourself, you can hand in the package at any post office or in a beach store. If you do not fill out our return form, we will not cover the shipping costs in connection with the complaint.
6.4) You can read more about the right of complaint on the website of the Danish Competition and Consumer Authority.
6.5) When an item is submitted in connection with a complaint, you must make sure that it is securely packaged so that there is no further damage to the item. We do not have special requirements for the packaging – just that it protects the product during transport.
7) Product Liability
71.) Product liability is subject to the rules in force at any given time in accordance with the Product Liability Act. To the extent that no other provision is made by mandatory law, no further liability may be imposed on Ena Strand.
8) Limitation of liability in case of force majeure
8.1) ena strand is not liable for damages for failure to fulfil its obligations if ena strand can prove that this is due to an obstacle beyond our control, such as critical disease outbreaks (including but not limited to pandemics and epidemics, etc.), strikes, lockouts, export or import bans, embargoes, delayed or inadequate delivery of materials from subcontractors, production stoppages, lack of energy or transport options or force majeure in general. In this case, ena strand is entitled to extend the delivery time accordingly or to terminate the contract. If the agreement is terminated as a result of a force majeure situation as mentioned, this does not entitle the buyer to claim compensation. As soon as the obstacle has been lifted, each of the parties shall be bound by the agreement, unless ena strand has previously terminated the agreement. An impediment of more than 1 month entitles each of the parties to terminate the agreement.
9) Data protection – personal data
9.1) In order to be able to trade on www.enastrand.com you must provide:
- Name Address
- Telephone number
- Email address
- Possibly pick-up shop
9.2) The above data will be stored with information about which goods you have purchased for 5 years from the end of the financial year to which the information relates, cf. § 12 of the Danish Bookkeeping Act.
9.3) Address information is also passed on to the company that is the transporter of the goods. Disclosure of personal data will take place in accordance with the data protection legislation in force at any given time. The name, address, telephone number and, in some cases, the e-mail address you have provided when ordering will appear on the address label that is attached to the item for delivery.
9.4) As a customer, you have the opportunity to gain insight into our registration of data about you, and you can object to a registration in accordance with the rules on this in the Act on the Processing of Personal Data. Read more about this in ena strand’s privacy policy: www.enastrand.com/privacy.
10) Cookies
10.1) When you visit www.enastrand.com, you automatically receive one or more cookies. A cookie is a small text file that is stored in your web browser and is recognized by the website on repeat visits. A cookie is not a program and does not contain viruses. Cookies contain information in the form of text and/or numbers, e.g. about the contents of your shopping cart or a date that may be necessary to complete your purchases on www.enastrand.com. Such cookies usually expire after each session, i.e. when you close your browser (so-called session cookies).
10.2) Other cookies are set with an expiry time and stored on your hard drive for the period in question (so-called persistent cookies).
10.3) ena strand’s cookie policy: www.enastrand.com/privacy.
10.4) Here you can read more about cookies in general.
11) Special conditions for COMPANIES (acting mainly for the purposes of their profession)
11.1) The terms and conditions of sale and delivery for consumers also apply to companies – however, with the following changes (which thus take precedence in commercial matters over the other sections of the terms and conditions of sale and delivery):
11.1.1) There is no right of withdrawal for companies.
11.1.2) Delivery takes place EXW Østervej 22 Tversted, 9881 Bindslev (Incoterms 2020) unless otherwise agreed in writing.
11.1.3) The buyer is only entitled to terminate the agreement if a significant delay of more than 30 calendar days occurs, and if ena strand has received a written demand to this effect from the buyer prior to this.
11.1.4) ena strand cannot incur liability for damages as a result of delay.
11.1.5) There is a 1-year warranty from the original invoice date, unless otherwise agreed in writing. Replacement or repair does not result in a new 1-year warranty period.
11.1.6) ena strand has – regardless of § 49(1) of the Danish Sale of Goods Act – the right to remedy any defect during the complaint period.
11.1.7) ena strand reserves, with those limitations applicable due to legal rights which cannot be deviated, the right of ownership to the delivered goods, until the purchase sum and ,if applicable, costs incurred by ena strand on behalf of the buyer, have been paid to ena strand or the agreed security has been provided, and until this has been done, the buyer is not entitled to pass on the goods to third parties or otherwise dispose of the goods in a manner that is contrary to ena strand’s reservation of ownership.
11.1.7.1) In the case of conversion or processing of the goods supplied, without the goods losing their distinctive character or identity, the reservation of title is maintained so that it covers the transformed or worked object for the value represented by the object of sale without conversion or processing.
11.1.7.2) When the buyer has paid or provided agreed security for all amounts due, and the ownership of the item of sale has been transferred to the buyer, ena strand must confirm this upon demand from the buyer.
11.1.7.3) All costs associated with enforcing the reservation of title are the responsibility of the buyer.
11.1.8) Payment must be made no later than 8 calendar days from the invoice date.
11.1.9) In the event of late payment, default interest of 2.00% is calculated per calendar month from the due date.
11.1.10) Payment by set-off cannot be made if the counterclaim is disputed.
11.1.11) Failure to comply with ena strand’s payment terms is considered a significant breach of contract entitling ena strand to stop further deliveries and to demand immediate payment of any receivables, due or undue.
11.1.12) For each reminder letter sent out, a reminder fee of DKK 100 will be charged. Ena Strand is also entitled to a fixed compensation amount of DKK 310 in the event of late payment.
11.1.13) ena strand cannot be held liable for:
-
- direct or indirect financial loss due to physical damage or loss of person and/or property, including, but not limited to, operating losses, loss of profit, loss of time, interest, fines, contractual penalties, loss of goodwill and the consequential damages arising from the Customer’s inability to use the goods sold, regardless of whether ena strand has been informed of the possibility of such losses arising,
- damage to things that ena strand has received for loan, rent, storage, use, transport or for any other reason has in its possession or has taken possession of,
- damage to things that ena strand has undertaken to prepare, install, repair, assemble or otherwise process or treat.
11.1.14) ena strand’s liability is in all circumstances and in all respects limited to DKK 100,000 in total, unless otherwise stated in these terms and conditions.
11.1.15) As a general rule, disputes are resolved internally quickly and conveniently.
11.1.16) If the parties have not appointed a mediator in advance, this person must be appointed by Danske Mediatoradvokater, Vesterbrogade 32, 1620 Copenhagen V, within 10 working days after it is declared that no solution to the dispute can be found.
11.1.17) The mediator must have held a meeting with the parties as soon as possible and no later than within a further 10 working days.
11.1.18) The cost of mediation is borne by the party(s) who are not successful, and if the result of the mediation is not successful, the costs are to be borne by the parties equally jointly.
11.1.19) If one of the parties wants the dispute resolved by a court, the dispute must be settled by the district court in Hjørring with ordinary right of appeal. The dispute must also be settled by the aforementioned body if the dispute cannot be resolved by mediation.
11.1.20) Any dispute arising out of or relating to this document shall be governed by (and settled in accordance with) Danish law. The International Sales Law (CISG) does not apply.
12) Company information
ena strand ApS
CVR No. 44065665
Østervej 22
9881 Bindslev
13) Choice of law, jurisdiction and right of appeal
13.1) Agreements on the purchase of www.enastrand.com are subject to Danish law. Any dispute is settled by the ordinary Danish courts.
13.2) You can also use the European Commission’s online complaint portal, which will mainly be relevant if you are a consumer residing outside Denmark. You can find the complaint portal here: https://ec.europa.eu/consumers/odr/.
Appendix 1
Standard withdrawal form
(This form will only be completed and returned if the right of withdrawal is exercised)
To ena strand
I hereby inform you that I wish to exercise the right of withdrawal in connection with my purchase of the following item(s):
Ordered on:
Received on:
Order no.:
Name:
Address:
Date:
Signature: ___________________________
