Terms of sale

1. Scope and basis of agreement

These terms apply to every quote, order confirmation, sale and delivery from Kestro. We sell exclusively to businesses, public authorities and other traders. The purchase is therefore a commercial sale, and the Danish Consumer Contracts Act — including its 14-day right of withdrawal — does not apply.

Together with our written quote, these terms constitute the entire basis of the agreement. The buyer's own purchasing terms do not apply, whether or not they appear on the buyer's order or in other correspondence, unless we have accepted them in writing. Departures from these terms bind us only when stated in writing in the quote or order confirmation.

2. Quotes and formation of contract

A quote from Kestro is valid for 14 days from its date unless the quote says otherwise. The agreement is formed when the buyer has accepted the quote in writing and we have confirmed the order.

We hold no stock. Every order is sourced for that order, so a quote is conditional on the equipment still being obtainable in the stated condition and at the stated price. If it is not, we contact the buyer with a revised quote before ordering. The buyer is not bound by the revised quote.

3. Prices

All prices are in Danish kroner and exclude VAT, duties, levies and freight unless the quote expressly states otherwise. The price for a given delivery is the one stated in the quote.

We publish no price list, because the price depends on what the equipment can be sourced for at the time of ordering. Prices in marketing material and on the website are indicative and do not constitute an offer.

4. Payment

Payment terms are 14 days net from the invoice date unless agreed otherwise in writing. On a first order, or for larger deliveries, we may require payment in advance in whole or in part; where we do, the quote says so.

On late payment, default interest accrues from the due date under the Danish Interest Act, and we may charge reminder fees and the statutory compensation amount to the extent that Act permits between businesses. The buyer may not set off claims against the purchase price or withhold payment on account of a complaint we have not accepted in writing.

5. Delivery and passing of risk

The delivery date is agreed for each order and appears in the quote or order confirmation. We state an expected delivery date once we have confirmed what can be sourced. We deliver in Denmark and Norway.

Risk in the equipment passes to the buyer on delivery at the agreed address or — if the buyer collects, or uses its own carrier — when the equipment is handed to the buyer or that carrier. If delivery is delayed by circumstances at the supplier or the carrier, we notify the buyer as soon as possible and state a new expected date.

6. Retention of title

The goods delivered remain Kestro's property until the purchase price has been paid in full, together with any interest and costs. Until payment, the buyer may not sell, pledge or otherwise deal with the equipment in a way that prejudices the retention of title.

7. Condition of the equipment

We sell used and refurbished business equipment. Condition is not uniform, and it is therefore described for each delivery in the quote: cosmetic condition, measured battery capacity as a percentage of new, which parts have been replaced or upgraded, and which operating system is installed. The description in the quote is the agreed condition.

Ordinary marks of use that are described in the quote are not a defect. Unless the quote states otherwise, equipment is supplied without original packaging, without original accessories and without software licences beyond the operating system installed.

Storage media in used equipment are erased before the equipment is set up again, and we state which method was used. The buyer is responsible for securing its own data on equipment the buyer sends to us.

8. Defects and complaints

The buyer must examine the goods immediately on receipt, in accordance with the Danish Sale of Goods Act's rules for commercial sales. Complaints about defects that such an examination would reveal must be made in writing without undue delay and no later than 8 working days after receipt. Complaints about transport damage must be made immediately on receipt and recorded with the carrier.

For defects that appear later, the complaint period stated in the quote for that delivery applies. The period is agreed per order, because it depends on the age and condition of the equipment, and it is always stated in writing before the buyer orders. Where no period is agreed in the quote, the Sale of Goods Act applies.

Where a complaint is justified, we remedy the defect by repair or replacement, or we grant a proportionate reduction. The choice between these is ours. If the defect cannot be remedied within a reasonable time, the buyer may cancel the purchase as regards the defective part of the delivery.

The right to complain does not cover faults caused by ordinary wear, incorrect use, lack of maintenance, work carried out by anyone other than us, accident, liquid damage or changes in the buyer's own IT environment. Wear parts — batteries in particular — are covered only to the extent the quote says so.

9. Limitation of liability

Kestro is not liable for indirect loss, including loss of operation, loss of profit, loss of data, loss of goodwill or third-party claims against the buyer. Our total liability for a delivery cannot exceed the amount the buyer has paid for that delivery.

These limitations do not apply where liability follows from mandatory law, including the Danish Product Liability Act, or where the loss is caused by our gross negligence or wilful misconduct.

10. Force majeure

Neither party is liable for non-performance caused by circumstances beyond its control that it could not reasonably have taken into account when the agreement was made — including war, action by public authorities, import restrictions, strike, fire, serious IT outages and failure by subcontractors for the same reasons. If the circumstance lasts more than 60 days, either party may cancel the agreement for the affected delivery without liability.

11. Returns and cancellation

Because every order is sourced for that order, a confirmed order cannot be cancelled and equipment cannot be returned, unless agreed otherwise in writing or unless there is a justified complaint under clause 8. Where a return is agreed, the equipment must be in the same condition as on delivery.

12. Personal data and confidentiality

We process personal data about the buyer's contacts in order to enter into and perform the agreement. That processing is described in the privacy policy. Each party keeps confidential any non-public information about the other.

13. Governing law and venue

The agreement is governed by Danish law. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply, including to deliveries to Norway. Disputes that cannot be settled amicably are decided by the Danish courts, with Kestro's registered venue as the place of jurisdiction.

14. Changes

We may change these terms. For an agreement already made, the version in force when the quote was issued applies. The date at the foot of this page shows when the current version took effect.

Company details

Name

Kestro

Address

Aarhus

Email

kontakt@kestro.dk