Terms and conditions

General Terms and Conditions — Multi-Solar.nl

Definitions
Identity of the trader
Applicability
The offer
The agreement
Right of withdrawal
Obligations of the buyer during the cooling-off period
Exercise of the right of withdrawal and its costs
Obligations of the trader in the event of withdrawal
Exclusion of the right of withdrawal
Goods on approval and trial placements
The price
Conformity and warranty
Delivery, shipping costs and performance
Continuing performance contracts: duration, termination and renewal
Payment
Liability
Force majeure
Retention of title
Intellectual property
Personal data
Complaints procedure
Disputes
Additional or deviating provisions

Article 1 — Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the buyer can exercise their right of withdrawal.
Buyer: the consumer (the natural person who is not acting in the exercise of a profession or business) or business customer who enters into a distance contract with the trader.
Day: calendar day.
Continuing performance contract: a distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over time.
Durable data carrier: any means — including email — that enables the buyer or trader to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Digital content: data produced and supplied in digital form.
Right of withdrawal: the option for the buyer to cancel the distance contract within the cooling-off period.
Model withdrawal form: the model withdrawal form that the trader makes available and that a buyer can complete if they wish to exercise their right of withdrawal.
Trader: the natural or legal person who offers products, (access to) digital content and/or services to buyers at a distance.
Distance contract: an agreement in which, within the framework of a system organised by the trader for the distance sale of products, digital content and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement.
Ancillary agreement: an agreement in which the buyer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader.
Technique for distance communication: a means that can be used to conclude an agreement without the buyer and trader having to be in the same room at the same time.
General Terms and Conditions: these General Terms and Conditions of the trader. The trader reserves the right to amend these terms and conditions in the interim.

Article 2 — Identity of the trader

Trade name: Multi-Solar
Address: Osakastraat 17, 3047AK, Rotterdam
Phone number: +31 10 261 33 86
Email address: info@multi-solar.nl
Chamber of Commerce (KvK) number: 86281984

Article 3 — Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the buyer.
The terms and conditions are accessible to everyone and are published on www.multi-solar.nl. We will send a written copy on request. By placing an order, the buyer indicates that they agree to the delivery and payment terms. The trader reserves the right to change its delivery and/or payment terms after the term has expired. Unless otherwise agreed in writing, the trader does not recognise the general or specific terms, conditions or stipulations of third parties.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the buyer. If this is not reasonably possible, it will be indicated before the agreement is concluded that the general terms and conditions can be inspected at the trader's premises and will be sent free of charge as soon as possible at the buyer's request.
If the distance contract is concluded electronically, then — notwithstanding the previous paragraph and before the agreement is concluded — the text of these general terms and conditions may be made available to the buyer electronically in such a way that the buyer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the buyer's request.
If specific product or service conditions also apply in addition to these general terms and conditions, the third and fourth paragraphs apply accordingly, and in the event of conflicting provisions the buyer can always rely on the provision that is most favourable to them.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force. The provision in question will be replaced without delay, by mutual agreement, by a provision that approximates the purpose of the original as closely as possible.
Situations not covered by these general terms and conditions must be assessed in the spirit of these terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions must be interpreted in the spirit of these terms and conditions.

Article 4 — The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The trader is entitled to change and adjust the offer.
Each offer contains such information that it is clear to the buyer what rights and obligations are attached to accepting the offer. The offer contains a complete and accurate description of the products, digital content and/or services offered, in sufficient detail to enable the buyer to make a proper assessment.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Product images are a true representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the actual colours. Obvious mistakes or errors in the offer do not bind the trader.

Article 5 — The agreement

Subject to the provisions of paragraph 6, the agreement is concluded at the moment the buyer accepts the offer and fulfils the conditions set out therein.
With the exception of cash sales and advance payments, agreements are not concluded by a verbal order or by sending an order by fax, letter, email or other medium, but only by an order via the trader's website followed by a digital order confirmation, or by the order being accepted by the trader in another way. Additions, changes and further agreements only apply if they have been confirmed in writing by the trader.
A digital order confirmation or a confirmation of a change is deemed to reflect the agreement correctly and completely, unless the buyer objects without delay.
If the buyer has accepted the offer electronically, the trader will confirm receipt of the acceptance electronically without delay. As long as receipt has not been confirmed, the buyer may dissolve the agreement.
If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment.
If the buyer can pay electronically, the trader will observe appropriate security measures for this purpose.
Within the legal framework, the trader may inform itself whether the buyer can meet their payment obligations, as well as of all facts and factors relevant to entering into the agreement responsibly. If, on this basis, the trader has good grounds not to enter into the agreement, it is entitled to refuse an order or request, stating its reasons, or to attach special conditions to its performance.
The trader will send the following information with the product, digital content or service, in writing or in such a way that the buyer can store it in an accessible manner on a durable data carrier:
- a. the visiting address of the trader's establishment where the buyer can go with complaints;
- b. the conditions under which and the manner in which the buyer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- c. information about warranties and existing after-sales service;
- d. the information included in Article 4(3), unless this has already been provided before the performance of the agreement;
- e. the requirements for termination if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the previous paragraph applies only to the first delivery.
Every agreement is entered into subject to the condition precedent of sufficient availability of the products concerned.

Article 6 — Right of withdrawal

For the delivery of products:

When purchasing products, the buyer has the option of dissolving the agreement without giving reasons for a period of 14 days. The trader may ask the buyer for the reason for withdrawal, but may not oblige them to state their reason(s).
The cooling-off period referred to in paragraph 1 starts on the day after the buyer, or a third party designated in advance by the buyer who is not the carrier, has received the product, or:
- a. if the buyer has ordered several products in the same order: the day on which the buyer or a designated third party received the last product. The trader may, provided it has clearly informed the buyer of this in advance, refuse an order for several products with different delivery times;
- b. if the delivery of a product consists of several shipments or parts: the day on which the buyer or a designated third party received the last shipment or the last part;
- c. for agreements for regular delivery over a certain period: the day on which the buyer or a designated third party received the first product.
If, after the expiry of the periods mentioned, the buyer has not indicated that they wish to exercise their right of withdrawal, or has not returned the product to the trader, the purchase is final.
Lithium batteries that have been connected, installed, charged or put into use cannot be returned for safety and hygiene reasons. From the moment of connection or first use, the right of withdrawal for the product concerned lapses. See also Article 10.

For the supply of services and digital content not supplied on a tangible medium:

For the supply of services and digital content not supplied on a tangible medium, the buyer has the option of dissolving the agreement without giving reasons for at least 14 days. The trader may ask the buyer for the reason for withdrawal, but may not oblige them to state it.
The cooling-off period referred to in paragraph 5 starts on the day the agreement is concluded.

Article 7 — Obligations of the buyer during the cooling-off period

During the cooling-off period, the buyer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to establish its nature, characteristics and functioning. The basic principle is that the buyer may only handle and inspect the product as they would be allowed to do in a shop.
The buyer is liable for any reduction in the value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
For lithium batteries, connecting, installing, charging or putting into use goes beyond the inspection permitted in paragraph 1. The buyer hereby accepts that the product can therefore no longer be sold as new and that returning it is no longer possible for safety reasons.

Article 8 — Exercise of the right of withdrawal and its costs

To exercise their right of withdrawal, the buyer follows the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.
If the buyer wishes to exercise their right of withdrawal, they must notify the trader within 14 days of receiving the product, using the model form or in another unambiguous manner.
After the buyer has indicated that they wish to exercise their right of withdrawal, they will send or hand over the product to (an authorised representative of) the trader within 14 days. This is not necessary if the trader has offered to collect the product itself. In any case, the buyer has observed the return period if they return the product before the cooling-off period has expired.
The buyer returns the product with all accessories supplied and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the buyer.
The buyer bears the direct costs of returning the product. If the trader has not stated that these costs are to be borne by the buyer, or indicates that it will bear the costs itself, the buyer does not have to bear the return costs.
If the buyer withdraws after having expressly requested that the performance of a service begins during the cooling-off period, they owe the trader an amount proportional to the part of the obligation already fulfilled at the time of withdrawal, compared with full performance.
The buyer bears no costs for the performance of services if:
- a. the trader has not provided the buyer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal or the model form; or
- b. the buyer has not expressly requested that the service begin during the cooling-off period.
The buyer bears no costs for the full or partial supply of digital content not supplied on a tangible medium if:
- a. they did not expressly consent in advance to the start of performance before the end of the cooling-off period;
- b. they did not acknowledge losing their right of withdrawal when giving their consent; or
- c. the trader failed to confirm this statement by the buyer.
If the buyer exercises their right of withdrawal, all ancillary agreements are dissolved by operation of law.
The trader reserves the right to refuse returned products or to credit only part of the amount paid if there is a suspicion that the product has already been used or has been damaged through the fault of the buyer (other than that of the trader or the supplier).
If, in the opinion of the trader, a returned product has suffered damage attributable to the buyer or at their risk, the trader will notify the buyer of this in writing (by letter or email). The trader has the right to withhold the reduction in value caused by this damage and to set it off against the amount to be refunded.

Article 9 — Obligations of the trader in the event of withdrawal

If the trader makes it possible to report withdrawal electronically, it will send an acknowledgement of receipt without delay after receiving the notification.
The trader will refund all payments made by the buyer, including any delivery costs charged for the returned product, without delay but within 14 days of the day on which the buyer reports the withdrawal. Unless the trader offers to collect the product itself, it may wait to refund until it has received the product or until the buyer demonstrates that they have returned the product, whichever is earlier.
The trader uses the same payment method that the buyer used for the refund, unless the buyer agrees to a different method. The refund is free of charge for the buyer.
If the buyer has chosen a more expensive delivery method than the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.

Article 10 — Exclusion of the right of withdrawal

The trader may exclude the right of withdrawal for products as described in paragraphs 2 and 3, and for lithium batteries as described in paragraph 4. The exclusion only applies if the trader has clearly stated this in the offer, or at least in good time before the agreement is concluded.
Exclusion of the right of withdrawal is possible for products:
- a. that have been produced by the trader in accordance with the buyer's specifications, that are not prefabricated and are manufactured on the basis of an individual choice or decision of the buyer, or that are clearly intended for a specific person;
- b. that by their nature cannot be returned;
- c. that can spoil or become outdated quickly;
- d. whose price is linked to fluctuations in the financial market over which the trader has no influence;
- e. for individual newspapers and magazines;
- f. for audio and video recordings and computer software whose seal the buyer has broken;
- g. for sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.
Exclusion of the right of withdrawal is possible for services and digital content other than on a tangible medium:
- a. relating to accommodation, transport, catering or leisure activities on a specific date or during a specific period;
- b. whose supply has begun with the buyer's express consent before the end of the cooling-off period;
- c. relating to bets and lotteries.
Lithium batteries. The right of withdrawal is excluded for lithium batteries as soon as they have been connected, installed, charged or put into use. A connected or used lithium battery cannot be taken back for safety and hygiene reasons and can no longer be sold as new. Until the moment of connection or first use, the regular right of withdrawal under Article 6 continues to apply, provided the product is returned unused and in its original, sealed packaging.

Article 11 — Goods on approval and trial placements

Goods delivered by the trader are only regarded as goods on approval for shows, exhibitions or other purposes to be specified by the trader, such as trial placements, if the trader has confirmed this in writing in advance.
All provisions of these general terms and conditions also apply to goods on approval and trial placements, on the understanding that the buyer is deemed to have ordered the delivered goods for themselves and owes the applicable purchase price if the goods are not returned immediately after the expiry of the period stated in the confirmation, at the buyer's expense and risk, to the address specified by the trader, in their original packaging and in the condition in which the trader delivered them.

Article 12 — The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the trader may offer products or services whose prices are linked to fluctuations in the financial market over which the trader has no influence at variable prices. This link and the fact that any prices stated are target prices will be stated with the offer.
Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
- a. they result from statutory regulations or provisions; or
- b. the buyer is entitled to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer include VAT.
All prices are subject to typing errors. No liability is accepted for the consequences of typing errors. In the event of typing errors, the trader is not obliged to supply the product at the incorrect price.

Article 13 — Conformity and warranty

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the buyer can assert against the trader on the basis of the agreement.
Any defects or incorrectly delivered products must be reported to the trader in writing within 2 days of delivery. Products must be returned in their original packaging and in new condition, with a copy of the original invoice enclosed. In the event of an incorrect return, administration and handling costs of €15 may be charged.
The trader's warranty period corresponds to the manufacturer's warranty period. The trader is never responsible for the ultimate suitability of the products for each individual application by the buyer, nor for advice regarding the use or application of the products.
The warranty does not apply if:
- a. the buyer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
- b. the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the trader and/or on the packaging;
- c. the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 14 — Delivery, shipping costs and performance

Delivery takes place while stocks last.
The trader will exercise the greatest possible care when receiving and processing orders and when assessing requests for the provision of services.
The place of delivery is the address that the buyer has made known to the trader.
Shipping costs depend on the product. The applicable shipping costs are shown at checkout before the order is completed, or stated on the product page. By completing the order, the buyer agrees to the shipping costs shown at that time.
Subject to Article 4, the trader will process accepted orders with due speed, but no later than within 30 days, unless the buyer has agreed to a longer delivery period. All delivery times stated are indicative and not strict deadlines from which rights can be derived. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the buyer will be notified of this no later than 30 days after the order was placed. In that case, the buyer has the right to dissolve the agreement free of charge.
In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the buyer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the trader will endeavour to make a replacement item available. At the latest upon delivery, it will be clearly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items; the costs of any return shipment are borne by the trader.
The risk of damage and/or loss rests with the trader until the moment of delivery to the buyer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
If the packaging or contents prove to be damaged on arrival, the buyer must file an official report with the delivery service and submit it to the trader within 2 days of delivery, after which the trader will arrange the settlement of the transport damage. For the first shipment, the buyer is entitled to undamaged arrival; the buyer must then complain immediately upon delivery or refuse to accept the goods.
Exceeding a delivery date never entitles the buyer to any compensation from the trader.

Article 15 — Continuing performance contracts: duration, termination and renewal

Termination

The buyer may terminate an agreement entered into for an indefinite period for the regular delivery of products or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The buyer may terminate an agreement entered into for a fixed period for the regular delivery of products or services at any time with effect from the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
The buyer may terminate the agreements referred to in the previous paragraphs:
- a. at any time and is not limited to termination at a particular time or in a particular period;
- b. at least in the same way as they were entered into;
- c. always with the same notice period as the trader has stipulated for itself.

Renewal

An agreement entered into for a fixed period for the regular delivery of products or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, an agreement entered into for a fixed period for the regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a fixed period of no more than three months, if the buyer can terminate this extended agreement with effect from the end of the extension with a notice period of no more than one month.

Duration

If an agreement has a duration of more than one year, the buyer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 16 — Payment

Unless otherwise provided in the agreement or additional conditions, the buyer pays the amounts due within 14 days of the start of the cooling-off period or, in the absence thereof, within 14 days of the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the buyer has received the confirmation of the agreement.
When products are sold to the buyer, the buyer may never be required to pay more than 50% in advance. If advance payment has been stipulated, the buyer cannot assert any right to the performance of the order or service(s) concerned until the stipulated advance payment has been made.
The buyer must report any inaccuracies in payment details provided or stated to the trader without delay.
If the buyer does not meet their payment obligation(s) on time, then — after the trader has notified them of the late payment and granted a period of 14 days to still pay — they owe statutory interest on the amount due if payment is not made within that period. The trader is then entitled to charge the extrajudicial collection costs incurred. These amount to a maximum of 15% on outstanding amounts up to €2,500; 10% on the following €2,500 and 5% on the next €5,000, with a minimum of €40. The trader may deviate from these amounts and percentages in the buyer's favour.

Article 17 — Liability

The trader is not liable for any direct or indirect damage for which the trader has not expressly accepted liability in these terms and conditions, except for damage caused by intent or gross negligence on the part of the trader. The buyer indemnifies the trader against all third-party claims in this regard.
Without prejudice to the above, the trader is in any case never liable:
- a. for non-delivery or late delivery;
- b. for information in brochures, catalogues, advertising material, quotes and the like;
- c. in the event of non-attributable failures (force majeure);
- d. if the buyer or a third party repairs, alters, uses the delivered goods for purposes other than those for which they are intended, overloads them or otherwise uses them incompetently;
- e. for property of third parties located on the trader's business premises for repair, storage or any other reason;
- f. for business and/or consequential damage, from whatever cause;
- g. for damage caused by intent or gross negligence of auxiliary persons;
- h. for damage caused by supplied software;
- i. for damage resulting from loss of data stored on data carriers;
- j. for damage caused by the use of a modem connected to the telephone network, including loss, theft or incorrect transmission of data, corruption of data or telephone lines remaining open.
If, notwithstanding the above, the trader is liable for any damage, it only accepts liability to the extent that this is covered by its insurance, up to the amount of the payout.
If the insurance does not pay out, the trader is never liable for more than the invoice amount of the agreement concerned.
The limitation of liability in this article applies equally to staff, employees and all other persons engaged by the trader in the performance of the agreement.

Article 18 — Force majeure

The trader is not liable if and to the extent that its obligations cannot be fulfilled as a result of force majeure.
Force majeure means any external cause and any circumstance that cannot reasonably be at the trader's risk. Delays or non-performance by suppliers, disruptions to the internet, electricity or email traffic, disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and/or manufacturers and of auxiliary persons, staff illness and defects in auxiliary or transport equipment expressly count as force majeure.
In the event of force majeure, the trader reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that performance remains possible. In no case is the trader obliged to pay any penalty or compensation.
If, when the force majeure occurs, the trader has already partially fulfilled its obligations, or can only partially fulfil them, it is entitled to invoice the part already delivered or the deliverable part separately, and the buyer is obliged to pay this invoice as if it were a separate contract. This does not apply if the part already delivered or deliverable has no independent value.

Article 19 — Retention of title

Ownership of all goods sold and delivered by the trader remains with the trader as long as the buyer has not paid the trader's claims under the agreement or earlier or later similar agreements, as long as the buyer has not paid for work performed or to be performed under this or similar agreements, and as long as the buyer has not paid claims for failure to perform, including claims for penalties, interest and costs, all as referred to in Article 3:92 of the Dutch Civil Code (BW).
Goods subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
The buyer is not authorised to pledge or otherwise encumber the goods subject to retention of title.
The buyer hereby gives the trader, or a third party to be appointed by the trader, unconditional and irrevocable permission, in all cases in which the trader wishes to exercise its ownership rights, to enter all places where its property is located and to take those goods away.
If third parties seize the goods delivered subject to retention of title, or wish to establish or assert rights over them, the buyer is obliged to inform the trader of this as quickly as can reasonably be expected.
The buyer undertakes to insure and keep insured the goods delivered subject to retention of title against fire, explosion and water damage as well as theft, and to make the policy available to the trader for inspection on first request.

Article 20 — Intellectual property

The buyer expressly acknowledges that all intellectual property rights to displayed information, communications or other expressions relating to the products and/or the website rest with the trader, its suppliers or other rights holders.

Article 21 — Personal data

The trader processes the buyer's data exclusively in accordance with its privacy policy, taking into account the applicable laws and regulations. The privacy policy can be consulted on www.multi-solar.nl.

Article 22 — Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
Complaints about the performance of the agreement must be submitted to the trader, fully and clearly described, within 7 days after the buyer has discovered the defects.
Complaints submitted will be answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with an acknowledgement of receipt and an indication of when the buyer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

Article 23 — Disputes

Agreements between the trader and the buyer to which these general terms and conditions relate are governed exclusively by Dutch law, even if the buyer lives abroad. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.

Article 24 — Additional or deviating provisions

Provisions that are additional to or deviate from these general terms and conditions may not be to the detriment of the buyer and must be recorded in writing, or in such a way that the buyer can store them in an accessible manner on a durable data carrier.

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