Terms and conditions

Index:

Table of Contents:

• Article 1 - Definitions
• Article 2 - Identity of the entrepreneur
• Article 3 - Applicability
• Article 4 - The offer
• Article 5 - The purchase agreement
• Article 6 - Right of withdrawal
• Article 7 - Consumer's duties during the withdrawal period
• Article 8 - Duty to inspect and responsibility for use
• Article 9 - Exercising the right of withdrawal and its costs
• Article 10 - Entrepreneur's duties in case of withdrawal
• Article 11 - Exclusion of the right of withdrawal
• Article 12 - Price
• Article 13 - Conformity and warranty
• Article 14 - Delivery and execution
• Article 15 - Payment
• Article 16 - Complaints
• Article 17 - Disputes
• Article 18 - Exclusion of consumer rights for business customers
• Article 19 - Additional or deviating provisions

Article 1 - Definitions

In these conditions apply:

Cooling-off period: The period in which the consumer can exercise his right of withdrawal;

Consumer: A "consumer" is defined as any natural person who acts for purposes that are outside their trade, business, craft, or profession. For consumers, the provisions specifically stated in these terms and conditions for consumers apply, along with the general provisions unless otherwise specified.

Business customers: A "business customer" is defined as any natural or legal person who acts in the course of their trade, business, craft, or profession. Business customers are subject to different statutory regulations compared to consumers, such as regarding liability, right of withdrawal, and warranties. Where these terms and conditions refer to consumer rights, these rights do not apply to business customers unless explicitly stated otherwise.

Day: calendar day;

Transaction Duration: a distance contract concerning a series of products and / or services, of which the supply and / or purchase commitment is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally directed to him, in a way that enables future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the ability for consumers to cancel the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person that offers products and / or services to consumers;

Distance contract: means an agreement in the context of a distance selling of products and / or services organized by the entrepreneur system, until the conclusion of the agreement with the exclusive use of one or more means of distance communication;

Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same room.

Article 2 - The Entrepreneur's identity

Company Name: Solar Power Supply B.V.
Establishment: Bedrijfsweg 3A N, 1785 AK Den Helder
Phone: +44 (0)20 3695 5900
Commercial Register: 76726029
VAT identification number: NL860779367B01

Article 3 - Applicability

These general conditions apply to every offer of the entrepreneur and any reached agreement at a distance between entrepreneur and consumer.

1. Before concluding a distance contract, the text of these general conditions are made available to the consumer. If this is for any reason not possible, the general conditions are available for inspection at the entrepreneur’s premises and can be sent free of charge as soon as possible at the request of the consumer, before the contract is concluded at a distance.
2. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions will be made available electronically to the consumer in such a way that the consumer can save these in a simple way on a durable medium. If this is not reasonably possible, before the distance contract is closed, it will be indicated where to find the general conditions electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
3. In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms can always rely on the applicable provision most favorable to him.

Article 4 - The offer

1. If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
2. The offer includes a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses these images, they are a true reflection of the products and / or services. Obvious mistakes or errors in the offer are not binding to the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

• the price including taxes;
• any costs of delivery;
• how the agreement will be achieved and what actions they require;
• if it applies whether or not the right of withdrawal;
• the method of payment, delivery or performance of the contract;
• The deadline for accepting the offer, or the deadline for adhering to the price;
• the size of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular fare for the means of communication;
• if the contract is filed after conclusion, and if so, how this can be accessed by the consumer;
• the way that the consumer, before concluding the agreement, can check the information provided by him can check and adjust if necessary;
• in any other languages, a part from Dutch, the contract may be entered;
• The code of conduct to which the entrepreneur is subject and the way the consumer can consult this code of conduct electronically; and the minimum duration of the distance contract in the event of an extended transaction.

Article 5 - The contract

1. The agreement is, subject to the provisions of article 4, concluded at the moment that the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety precautions.
4. The entrepreneur can - within the law - inform himself if the consumer can meet his payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified in order not to enter into the agreement, he is entitled to refuse an order or request or to bind special conditions to its implementation.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored in an accessible manner by the consumer on a durable medium:
   • the address of the establishment of the business where consumers can lodge complaints;
   • the conditions and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   • information about guarantees and after sales service;
   • the data included in article 4 paragraph 3 of these conditions, unless the operator has already provided this information to the consumer before the execution of the agreement;
   • the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

1. The consumer may withdraw from a contract for the purchase of a product within a cooling-off period of at least 30 days without giving any reason. The entrepreneur may ask the consumer for the reason for the withdrawal, but is not obliged to compel the consumer to provide a reason.
2. The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party appointed by them, who is not the carrier, has received the product, or:
   • if the consumer has ordered several products in one order: the day on which the consumer or a third party appointed by them receives the last product. The entrepreneur may refuse an order for multiple products with different delivery times if they have clearly informed the consumer of this before the ordering process.
   • if the delivery of a product consists of multiple shipments or parts: the day on which the consumer or a third party appointed by them receives the last shipment or part;
   • in the case of contracts for the regular delivery of products over a specified period: the day on which the consumer or a third party appointed by them receives the first product.

Article 7 - Consumer's duties during the cooling-off period

1. During the cooling-off period, the consumer must handle the product and the packaging with care. They may only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The general principle is that the consumer may handle and inspect the product only as they would in a physical store.
2. The consumer is only liable for a decrease in the value of the product resulting from handling the product beyond what is necessary to determine its nature, characteristics, and functioning.
3. The consumer is not liable for a decrease in the value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the time of concluding the contract.

Article 8 - Duty to inspect and responsibility for use

1. Responsibility for obtaining information
   The consumer is obliged to carefully read and follow the information, instructions, safety regulations, and warnings provided by the seller before using the product. The consumer must ensure they have sufficient knowledge of the correct use and functioning of the product.
2. Risk in case of improper use
   If the consumer fails to study the provided information or uses the product in a manner inconsistent with the provided instructions, the consequences of such improper use are at the expense and risk of the consumer. This includes, but is not limited to, damage to the product, injuries, or other adverse consequences resulting from improper use.
3. Exceptions
   This provision does not apply if the product is defective due to a flaw that the consumer could not reasonably have discovered or avoided through normal use of the provided information.

Article 9 - Exercising the right of withdrawal and its costs

1. If the consumer exercises their right of withdrawal, they must inform the entrepreneur within the withdrawal period using the standard withdrawal form or another clear method.
2. As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to a representative of the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer has met the return deadline if they return the product before the cooling-off period expires.
3. The consumer must return the product with all delivered accessories, if possible in the original condition and packaging, and according to the reasonable and clear instructions of the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer should bear these costs, or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the return costs.
6. If the consumer exercises their right of withdrawal, all additional agreements are automatically dissolved.

Article 10 - Entrepreneur's duties in case of withdrawal

1. If the entrepreneur allows the consumer to notify their withdrawal electronically, they must immediately send a confirmation of receipt of this notification.
2. If the consumer exercises their right of withdrawal, they are only required to bear the costs of returning the product. If the consumer uses our return label, the return is free of charge for them.
3. For the refund, the entrepreneur will use the same payment method that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

Article 11 - Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer or at least in a timely manner before the contract is concluded:

1. Products or services whose price is subject to fluctuations in the financial market that the entrepreneur cannot influence and which may occur during the withdrawal period.
2. Contracts concluded during a public auction. A public auction is a sales method where products, digital content, and/or services are offered to the consumer, who is present or has the opportunity to be present in person, under the direction of an auctioneer, and where the successful bidder is obliged to take the products, digital content, and/or services.
3. Service contracts after the full performance of the service, but only if:
   • the performance has begun with the consumer's express prior consent;
   • the consumer has stated that they lose their right of withdrawal once the entrepreneur has fully performed the contract.
4. Service contracts for the provision of accommodation if the contract specifies a certain date or period of execution, and if they are not intended for residential purposes, for the transport of goods, for car rental, or for catering.
5. Contracts for leisure activities if the contract specifies a certain date or period for their execution.
6. Products made to the consumer's specifications that are not pre-manufactured and which are made based on an individual choice or decision by the consumer or which are clearly tailored to a specific person.
7. Products that spoil quickly or have a limited shelf life.
8. Sealed products that are not suitable for return for health protection or hygiene reasons and whose seal has been removed after delivery.
9. Products that are, by their nature, inseparably mixed with other products after delivery.
10. Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but which can only be delivered after 30 days and whose actual value depends on market fluctuations that the entrepreneur cannot influence.
11. Sealed audio or video recordings and computer software, the seal of which has been removed after delivery.
12. Newspapers, magazines, or periodicals, except for subscriptions.
13. The delivery of digital content not provided on a tangible medium, but only if:

• the performance has begun with the consumer's express prior consent; and
• the consumer has stated that they lose their right of withdrawal once the entrepreneur has fully performed the contract.

Article 12 - The price

1. During the period mentioned, the prices of the products and / or services have not increased in the offer, except for price changes due to changes in VAT rates.
2. Notwithstanding the preceding paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no control, with variable prices. These fluctuations and the fact that any prices are target prices, are mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has agreed and:
   
   
   • these are the result of legislation or regulations; or
   • the consumer has the right to terminate the agreement as of the date that the increase takes effect.
     
     
5. The prices in the offer of products or services include VAT and import duties.

Article 13 - Compliance and Warranty

1. The entrepreneur guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur based on the contract if the entrepreneur has not fulfilled their part of the contract.
3. Additional warranty means any promise by the entrepreneur, supplier, importer, or manufacturer to the consumer that grants them specific rights or claims beyond those required by law if the entrepreneur has not fulfilled their part of the contract..

Article 14 - Delivery and implementation

1. The trader will take the greatest possible care when receiving and implementing orders of products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer makes known to the company.
3. Subject to what is stated in article 4 of these terms and conditions, the company will execute accepted orders expeditiously within 30 days unless a longer delivery has been agreed. If delivery is delayed or if an order is not or only partially carried out, the consumer will be informed within 30 days after placing the order. The consumer in this case has the right to terminate the contract without charges and is entitled to any compensation.
4. In case of dissolution in accordance with the preceding paragraph, the entrepreneur will refund the amount that consumers paid (without the costs of VAT & duties) as soon as possible but no later than 30 days after termination.
5. If the delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. Ultimately with the delivery it will be reported that a replacement item is delivered in a clear and comprehensible manner. For replacement items the right of withdrawal can not be excluded. The cost of return shipment are borne by the entrepreneur.
6. The risk of damage and / or loss of products rests upon the entrepreneur up to the moment of delivery to the consumer or a pre-designated representative announced to the entrepreneur, unless expressly agreed otherwise.

Article 15 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer are to be paid within 14 days after the start of the cooling off period referred to in Article 6 paragraph 1. In case of an agreement to providing a service, the time limit begins after the consumer has received the confirmation of the agreement.
2. When selling products to consumers, the general conditions may never stipulate an advance payment of more than 50%. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service(s) before the advance payment has been made. Once payment has been made and is received by entrepreneur, the order will be prepared by the entrepreneur.
3. The consumer has the duty to report inaccuracies in supplied or specified data payment, immediately to the entrepreneur.
4. In the event of default by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge reasonable costs in advance made known to the consumer.

Article 16 - Complaints

1. The entrepreneur has a well-publicized complaints procedure and deals with complaints under this procedure.
2. Complaints about the execution of the contract must be promptly, fully and clearly described and submitted to the entrepreneur, after the consumer has discovered the defects.
3. The entrepreneur replies to complaints within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur answers within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must give the entrepreneur 6 weeks to resolve the complaint amicably. After this period, a dispute arises that is subject to dispute resolution.

Article 17 - Disputes

1. On agreements between the entrepreneur and the consumer of these terms refer only to Dutch law.

Article 18 - Exclusion of consumer rights for business customers

1. Right of withdrawal
   The legal right of withdrawal, as applicable to consumers, does not apply to business customers. Business customers cannot dissolve the agreement without giving reasons within a certain cooling-off period, unless explicitly agreed.
2. Liability and guarantees
   For business customers, the statutory 2-year warranty as applicable to consumers does not apply automatically. The warranty for business customers is limited to the warranty specifically agreed in the purchase agreement or provided by the manufacturer.
3. Limitation of liability
   The seller's liability to business customers is limited to direct damages and never more than the amount of the respective order. Liability for indirect damages, such as consequential damages, lost profits, or business interruption, is excluded, unless there is intent or gross negligence.
4. Applicable law and competent court
   For business customers, disputes will be submitted to the competent court in Alkmaar, the Netherlands, unless otherwise agreed.

Article 19 - Additional or different terms

Additional or different provisions of these terms may not be to the detriment of consumers and should be recorded in writing or may be in such a way that the consumer in an accessible manner stored on a durable medium.