Terms and Conditions
Terms and conditions at ES Maskiner ApS
1. General information
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Company name: ES Maskiner ApS
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CVR no.: 40834702
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Owner: Bjarne H. Jensen
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Address: Erhvervsparken 7, 7800 Skive
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Email: salg@esmaskiner.dk
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Year established: November 2016
2. Ordering and delivery
Most of our products are made to order. The standard delivery time is approx. 60 days from the order date, unless otherwise agreed in writing.
3. Prices and payment
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VAT: All prices are stated excl. VAT.
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Payment terms: When placing the order, a 50% deposit is payable. The remaining 50% is due net 8 days after delivery.
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Payment methods: We accept MobilePay and bank transfer. We also offer advice and brokerage of leasing/financing.
4. Right of withdrawal & returns
As a consumer, you have a 14-day right of withdrawal. The withdrawal period expires 14 days after the day you have received your item (or the last item in physical possession in the case of split deliveries).
How to exercise your right of withdrawal: No later than 14 days after receipt, you must notify us in writing at salg@esmaskiner.dk.
Condition of the item upon return: You are liable for any diminished value of the item resulting from handling other than what is necessary to establish the item’s nature, characteristics and function. You may test the item in the same way as in a physical store, but not put it into actual use. If the item has been tested beyond this, it is considered used, and you will only receive part of the purchase amount back—or none at all.
Refund: If you withdraw from your purchase, we will refund all payments received (incl. standard shipping costs) no later than 14 days from the date we receive your notice. We may withhold the amount until we have received the item back, or you have provided documentation of the return.
Return address: ES Maskiner ApS
Erhvervsparken 7
7800 Skive
5. Right to complain
A 24-month right to complain is provided in accordance with the Danish Sale of Goods Act’s rules on defects. This means that you may have the item repaired, replaced, refunded, or receive a price reduction, depending on the specific situation.
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Requirements: The complaint must be justified, and the defect must not have arisen as a result of incorrect use or damaging behaviour.
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Time limit: You must submit your complaint within a “reasonable time” after you have discovered the defect. If you complain within two months, the complaint will always be considered timely.
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Shipping costs: If the complaint is justified, we will refund your reasonable shipping costs.
For returns or questions regarding complaints, please contact us at salg@esmaskiner.dk with a detailed description of the issue.
Critical Perspective
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B2B vs. B2C Legal Action (Legal Conflict): The enclosed terms and conditions include standard consumer rights (14-day right of withdrawal and 24-month right to complain under the Danish Consumer Sales Act). If you primarily sell B2B (business to business), you are not legally required to provide a 14-day right of withdrawal or a 24-month right to complain on used or custom-made machines.
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Delivery and inventory risk: By granting consumers a 14-day right of withdrawal on custom-made machines imported to order (with a 60-day delivery time), ES Maskiner ApS runs a significant financial risk if a customer withdraws from a unique product after arrival. Consider separating your terms and conditions into B2B terms (no right of withdrawal, limited warranty) and B2C terms.
