Start date: 02/14/2024
Applicable to the following WEBSITE: - Solar Daytopper
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
- Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
- Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the contract, exclusively through one or more means of distance communication;
- Means of distance communication: any means that can be used for concluding a contract without the consumer and entrepreneur being physically present in the same location;
- Reflection period: the period within which the consumer can exercise their right of withdrawal;
- Right of withdrawal: the consumer's option to withdraw from the distance contract within the reflection period;
- Day: calendar day;
- Long-term transaction: a distance contract concerning a series of products and/or services, the delivery and/or performance obligations of which are spread over time;
- Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that facilitates future access and unaltered reproduction of the stored information;
Article 2 - Identity of the entrepreneur
Reinos.nl Internet Media
Spadelaan 64
7331 AL Apeldoorn
Nederland
Email: info@solar-daytopper.com
Internet: www.solar-daytopper.com
KVK nr: 08202965
BTW nr: NL001102271B18
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.
- If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge by electronic means or by other means upon request.
- In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
Article 4 - The offer
- If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the products and/or services offered. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these shall be a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.
- Each offer contains information in such a way that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular:
- the price including taxes;
- any delivery costs;
- the manner in which the contract will be concluded and what actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, or execution of the contract;
- the period for acceptance of the offer, or the period for honoring the price;
- the amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the basic rate;
- if the contract is archived after it is concluded, in what way it can be accessed by the consumer;
- how the consumer can become aware of unwanted actions by him before the contract is concluded, as well as how he can correct them before the contract is concluded;
- the languages in which, in addition to Dutch, the contract can be concluded;
- the codes of conduct to which the entrepreneur has subjected himself and the manner in which the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in case of a contract that aims at continuous or periodic delivery of products or services.
Article 5 - The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
- If the consumer accepts the offer electronically, the entrepreneur immediately confirms the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures for this purpose.
- Within the statutory frameworks, the entrepreneur can ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the contract, he is entitled to refuse or attach special conditions to the execution of an order or request, stating the reasons.
- The entrepreneur shall provide the consumer with the following information regarding the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
- the visiting address of the entrepreneur's establishment where the consumer can address complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about existing after-sales service and guarantees;
- the price including all taxes of the product, service, or digital content; where applicable, the delivery costs; and the method of payment, delivery, or execution of the distance contract;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- if the consumer has a right of withdrawal, the model withdrawal form.
- If the entrepreneur has undertaken to deliver a series of products or services, the provision in the preceding paragraph shall only apply to the first delivery.
Article 6 - Right of withdrawal
For products;
- The consumer may dissolve an agreement concerning the purchase of a product within a reflection period of at least 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not compel him to provide any reasons.
- The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
- if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that he has informed the consumer clearly about this before the ordering process.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
- for agreements for regular delivery of products over a specified period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content not supplied on a tangible medium:
- The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium within at least 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not compel him to provide any reasons.
- The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services, and digital content not supplied on a tangible medium in case of failure to inform about the right of withdrawal:
- If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period shall expire twelve months after the end of the original reflection period determined in accordance with the preceding paragraphs of this article.
- If the entrepreneur has provided the information referred to in the preceding paragraph to the consumer within twelve months from the commencement date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the reflection period
- During the reflection period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
- The consumer shall only be liable for any diminished value of the product resulting from handling the product beyond what is necessary as stated in paragraph 1.
- The consumer shall not be liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and its costs
- If the consumer wishes to exercise his right of withdrawal, he shall notify the entrepreneur of this within the reflection period by means of the model withdrawal form or in any other unambiguous manner.
- The consumer shall return the product as soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, or he shall hand it over to the entrepreneur (or a representative thereof). This is not necessary if the entrepreneur has offered to collect the product himself. The consumer shall have observed the return period in any case if he returns the product before the end of the reflection period.
- The consumer shall return the product with all accessories supplied, if reasonably possible, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
- The consumer shall bear the direct costs of returning the product. If the entrepreneur indicates that he will bear the costs himself, the consumer shall not be responsible for the return costs.
- If the consumer exercises his right of withdrawal after having explicitly requested that the performance of the service or the supply of gas, water, or electricity not made ready for sale in a limited volume or quantity starts during the reflection period, the consumer shall owe the entrepreneur an amount proportional to that part of the commitment that the entrepreneur has fulfilled at the time of withdrawal, compared to the full performance of the commitment.
- The consumer shall not bear the costs for the full or partial supply of digital content not supplied on a tangible medium, if:
- he has not explicitly agreed to the commencement of the performance of the agreement before the end of the reflection period;
- He has not acknowledged losing his right of withdrawal when giving his consent; or
- the entrepreneur has failed to confirm this statement by the consumer.
- If the consumer exercises his right of withdrawal, all additional agreements shall be dissolved by operation of law.
Article 9 - Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur enables the consumer to notify the withdrawal electronically, he shall promptly send a confirmation of receipt after receiving this notification.
- The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, promptly but no later than 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs earlier.
- The entrepreneur shall use the same means of payment for reimbursement as the consumer used, unless the consumer agrees to a different method. The reimbursement shall be free of charge for the consumer.
- If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur shall not be obliged to refund the additional costs for the more expensive method.
- The costs of returning the product shall be borne by the consumer.
Article 10 - 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 indicated this in the offer, at least in a timely manner before the conclusion of the agreement:
- Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no control and which may occur within the withdrawal period;
- Agreements concluded at a public auction. A public auction is understood as a sales method in which products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or who is given the opportunity to be personally present at the auction, conducted by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content, and/or services;
- Service contracts, after full performance of the service, but only if:
- performance has begun with the consumer's prior express consent; and
- the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
- Service contracts for accommodation, if a specific date or period of performance is provided for in the contract and other than for residential purposes, goods transport, car rental services, and catering;
- Agreements relating to leisure activities, if a specific date or period of performance is provided for in the contract;
- Products made to the consumer's specifications, which are not prefabricated and which are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products which are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
- Products which, by their nature, are inseparably mixed with other items after delivery;
- Alcoholic beverages, the price of which has been agreed upon at the time of concluding the contract, but which can only be delivered after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
- Newspapers, periodicals, or magazines, with the exception of subscriptions to them;
- The supply of digital content which is not supplied on a tangible medium, but only if:
- performance has begun with the consumer's prior express consent; and
- the consumer has declared that he loses his right of withdrawal.
Article 11 - The price
- During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
- Notwithstanding the preceding paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any prices mentioned are target prices will be stated with the offer.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement on the date the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
Article 12 - Fulfillment of the agreement and additional warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, meet the reasonable requirements of soundness and/or usability, and comply with the legal provisions and/or government regulations existing on the date the agreement was concluded.
- A warranty offered by the entrepreneur, manufacturer, or importer does not affect the rights and claims the consumer can assert against the entrepreneur for failing to fulfill the obligations arising from the law and/or the distance contract.
- We consider our service to be of utmost importance. If there is an issue with your order that is not due to mishandling, installation, or carelessness, we will do everything to resolve it promptly for you!
Article 13 - Delivery and execution
- The entrepreneur will exercise the utmost care when receiving orders for products and when assessing requests for the provision of services.
- The place of delivery is the address provided by the consumer to the company.
- Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders promptly and no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed or if an order cannot be executed or only partially executed, the consumer will be notified of this no later than one month after placing the order. In such a case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation for damages.
- In the event of dissolution in accordance with the preceding paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 30 days after dissolution.
- If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to provide a replacement item. It will be clearly and comprehensibly communicated upon delivery that a replacement item is being provided. The right of withdrawal cannot be excluded for replacement items. The costs of returning the goods are borne by the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a designated representative, unless expressly agreed otherwise.
Article 14 - Continuous performance contracts: duration, termination, and extension
Termination:
- The consumer may terminate an agreement entered into for an indefinite period and which provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate an agreement entered into for a definite period and which provides for the regular delivery of products (including electricity) or services at any time at the end of the specified term, subject to the agreed termination rules and a notice period of no more than one month.
- The consumer may terminate the agreements mentioned in the preceding paragraphs:
- at any time and not be restricted to termination at a specific time or during a specific period;
- terminate them at least in the same manner as they were entered into by him;
- always terminate with the same notice period as the entrepreneur has stipulated for himself.
Extension:
- An agreement entered into for a definite period and which entails the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specified duration.
- Notwithstanding the preceding paragraph, an agreement entered into for a definite period and which entails the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specified duration of up to three months, if the consumer can terminate this extended agreement at the end of the extension period with a notice period of up to one month.
- An agreement entered into for a definite period and which entails the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer is entitled to terminate it at any time with a notice period of up to one month. The notice period is up to three months if the agreement entails the regular delivery of daily, news, and weekly newspapers and magazines, but less than once a month.
- An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly renewed and will automatically terminate at the end of the trial or introductory period.
Extension:
- If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 15 - Payment
- Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, in the case of a contract for the provision of a service, within 14 days after delivery of the documents relating to this contract.
- In the sale of products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been agreed, the consumer cannot invoke any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
- The consumer has the obligation to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur.
- In case of default by the consumer, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs previously communicated to the consumer.
Article 16 - Complaints Procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
- Customer service is our top priority. If something does go wrong and you have a complaint, please make it known to us by emailing info@solar-daytopper.com.