Algemene voorwaarden
§ 1. Applicability
These T&Cs apply to all purchase agreements for Plug&play systems and accessories between Svea Solar Belgium BV (hereinafter referred to as the "Provider") and a consumer (hereinafter referred to as the "Customer") that are concluded via the Provider's webshop. The Client is any natural person who acts for purposes that fall outside his trade, business, craft or profession.
§ 2. Conclusion of the contract
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The presentation of the products in the webshop constitutes an invitation to place an order. The contract is concluded when the Customer places the product in the shopping cart, goes through the ordering processand places an order by clicking on the "Buy Now" button, has accepted the terms and conditions and the Provider accepts the order by means of an order confirmation by e-mail.
(2) The agreement is concluded with:
Svea Solar Belgium BV
Registered office: Mastboomstraat 12/2, 2630 Aartselaar
VAT identification number: BE0686897382
Email address: shop@sveasolar.be
Phone: 03/361.99.99 – reachability: 9:30 – 12-00h
(3) The contract is concluded in English.
§ 3 Technical requirements
(1) As a result of concluding the agreement with the Provider, certain technical and local conditions apply to the Customer, such as suitable electrical connections or network compatibility. These requirements and themost important information on use and installation are specified in the respective product description and in a separate information section in the webshop. The Customer is obliged to familiarize himself with therequirements set before the purchase and to ensure that these are met.
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Individual telephone consultation on technical details, product selection, planning or installation problems is not part of the service offer. If you have any questions in this regard, the Provider will contact you in writing(e.g. by e-mail or via a contact form).
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The installation and operation of balcony power plants must be carried out in accordance with the regulations in force. The Customer is responsible for the correct registration, installation and safe operation of thedelivered products.
§ 4. Prices, expiry date and payment terms
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All prices include VAT.
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Payment is due immediately upon placing the order.
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Payment is made at the Customer's discretion by means of prepayment, PayPal or any other payment method offered in the ordering process. The Provider reserves the right to exclude certain payment methods or tooffer additional payment methods.
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If the PayPal payment method is selected, the Provider will charge a transaction fee for exactly the same amount that PayPal charges the Provider. Alternatively, free payment methods are available to the Customer.
(5) Any shipping costs will be shown separately in the ordering process.
§ 5. Delivery, shipping, transfer of risk and cooperation of the Customer
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Delivery will take place at the address provided by the Client, but only within Belgium. HERE SHOULD BE A JUSTIFICATION GIVEN WHY THERE IS ONLY 1 WAY. SIZE AND WEIGHT OF THE PACKAGE DOES NOT SEEM PLAUSIBLE TO US WHY IT COULD NOT BE PICKED UP SOMEWHERE ... .
In the event of several requests, the Customer must contact the Provider in advance via shop@sveasolar.be.
The Customer is obliged to provide the shipping details correctly. The Provider is not liable for damage resulting from incorrect information.
(2) The delivery time is usually 5 - 8 working days after receipt of payment, unless otherwise stated. There is no shipping on weekends and holidays.
(3) If no copies of the product selected by the Customer are available at the time of the Customer's order, the Provider will inform the Customer without delay in the order confirmation.
(4) Delivery takes place in cooperation with the manufacturer and, depending on the size of the shipment, is carried out via freight forwarders or parcel service providers. Deliveries to PO Boxes or APO/FPO/DPO addresses will not be made.
(5) The risk of accidental loss and unintentional deterioration during shipment (transport risk) is borne by the Provider, unless the Customer has selected the freight forwarder or parcel service provider and commissioned them to carry out the delivery.
(6) In the event of damage during transport, all packaging and damaged goods must be kept and - if already visible at the time of receipt - documented on the freight documents. Damage must be documented withphotos and reported to Svea Support within 3 working days of receipt at shop@sveasolar.be.
(7) When the goods are handed over to the Customer or a person authorised by him, the risk passes to the Customer.
(8) The Customer is obliged to take delivery of the goods ordered. If the Client defaults on the acceptance or if the delivery is delayed for other reasons for which the Client is responsible, the risk of accidental loss oraccidental deterioration of the goods passes to the Client upon the occurrence of the non-acceptance. The Provider is entitled to claim compensation for the resulting damage, including additional costs (e.g. storage costs). Other statutory entitlements remain unaffected.
§ 6. Ownership
The delivered goods remain the property of the Provider until full payment has been made.
§ 7 Right of withdrawal
You have the right to opt out of this agreement without giving any reason.
This withdrawal period is fourteen days after the day on which you or a third party designated by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us in the following manner:
Svea Solar Belgie BV,
Mastboomstraat 12/2, 2630 Aartselaar,
You can do this by means of an unambiguous statement (e.g. a letter by post or an e-mail).
You can use the model withdrawal form for this purpose (see: https://economie.fgov.be/sites/default/files/Files/Ventes/Forms/formulier-voor-herroeping.pdf), but this is not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we must send you all payments received from you, including delivery costs (with the exception of the additional costs arising from the fact that you have chosen a method of deliveryother than the low-cost standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notice of your withdrawal from this contract, repay. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged for this refund.
We may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
The Customer must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the withdrawal from this agreement. The deadline will bemet if you ship the goods before the expiry of the fourteen-day period.
The direct costs of returning the goods shall be borne by the Customer.
The Client will only have to pay for any depreciation of the goods if this loss in value is the result of a treatment of them that is not necessary to verify the nature, characteristics and functioning of the goods.
Exclusion from withdrawal
The right of withdrawal does not exist
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in contracts for the supply of goods made according to the specifications of the Customer or clearly tailored to personal needs,
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for the supply of audio or video recordings or software, provided that you have broken the seal on the data carriers supplied, or
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in the case of a contract for the supply of digital content that is not on a tangible medium, if the Provider has commenced the performance of the contract after the Customer has expressly undertaken that the Provider will start the performance of the contract before the expiry of the withdrawal period and has confirmed that it is aware of the loss of the right of withdrawal by its consent at the beginning of the performance of theagreement.
§ 8. Warranty
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The Customer is entitled to the legal warranty. The legal warranty covers any defect or lack of conformity of the products that manifest itself within a period of two years after delivery and was at least found at the time ofdelivery of the product. The Customer must inform the Provider of the defect in accordance with the manner mentioned in the fourth paragraph of this article within two months from the day on which the Customer hasdiscovered the defect. Afterwards, the Customer loses the right to invoke the warranty.
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If a defect occurs within the warranty period mentioned in the first paragraph of this article, the Customer must return the defective product to the Provider in its original packaging, without undue delay, in any case nolater than fourteen days after the notification of the defect has been sent to the Provider. The product must be sent to the Provider in the same manner as the Customer received the product. All costs for returning theproduct incurred by the Customer will be refunded by the Provider within a reasonable period of time after receipt of the product and after the defect has been established, provided that the Customer has used thedesignated standard shipping method to return the product.
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An additional warranty only exists for the goods delivered by the Provider if this is expressly stated in the order confirmation for the products ordered in each case.
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In order to facilitate the processing process in case of defects, the Customer should contact send an email to shop@sveasolar.be with the proof of purchase/order number/shipping confirmation and description of thedefect.
§ 9 Liability
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Claims by the Customer for damages are excluded. This does not apply to claims for damages by the Customer as a result of injury to life, body, health or the breach of essential contractual obligations. Essential contractual obligations are those whose fulfilment is characteristic of the contract and on which the Client can rely. The exclusion of liability also excludes liability for damages based on an intentional or grossly negligentbreach of duty by the Provider, its legal representatives or vicarious agents.
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In the event of any liability, the Provider shall only be liable for the direct (excluding any form of indirect) damage typical of the contract.
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The Customer waives any extra-contractual liability claim towards the Provider as well as towards the auxiliary persons for damages.
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The liability of the Provider is limited to the amounts stated in the insurance policy taken out by it.
§ 10 Digital elements and consumer rights
If the goods purchased by the Customer are products with digital elements (i.e. goods that contain or are connected to digital content or digital services in such a way that they cannot perform their functions withoutsuch digital content or digital services, e.g. app power display, WLAN inverters or cloud-based monitoring systems), the following provisions apply:
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The digital elements are part of the purchased item and are provided by the Provider. Specifically, this includes apps, web-based platforms, or embedded software features.
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The Provider shall make available for a reasonable period of time the functional and security updates necessary for use in accordance with the agreement. This period depends on the type of product and digital content, as well as the typical duration of use.
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Prior to concluding the contract, the Provider shall inform the Customer in the respective product description and in a separate information section in the online shop about the essential technical requirements for theuse of the digital elements, in particular the compatibility with operating systems and the requirements for Internet connections.
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The Client is obliged to enable the use of the digital elements by means of appropriate cooperation (e.g. installation of the necessary software, connection to the Internet, maintenance of access data).
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If digital content is provided via third-party providers (e.g. via app stores or external platforms), the respective terms of use of these providers apply. The Provider accepts no liability for the availability or changes of thesethird-party offers.
§ 11. Privacy
Personal data is processed within the framework of the statutory provisions. Further details can be found in the privacy policy under [XXX].
§ 12. Complaints procedure
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If the Customer has any complaints, he can contact the Provider by e-mail at shop@sveasolar.be.
In addition, the Customer can contact us via the telephone number 03/361.99.99.
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Complaints must be submitted to the Provider in a complete and clearly described manner in the manner set out above, within a reasonable period of time after the Customer has become aware of the defects. Complaints submitted will be answered within a period of [XXX] from the date of receipt, unless the complaint would require a longer processing time due to the size or complexity of the complaint received by theProvider.
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Customer may contact the following entity to settle the dispute out of court:
Consumentenombudsdienst
North Gate II
Koning Albert II-laan 8 box 1
1000 Brussels
contact@consumentenombudsdienst.be
T + 32 2 702 52 00
F + 32 2 808 71 20
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More information on redress for consumers in the EU is available at the following link: https://consumer-redress.ec.europa.eu/index_nl.
§ 13 Force majeure
Force majeure includes, in a non-exhaustive manner, the following situations: fire, flood, strikes, public or labour unrest, war (whether declared or not), terrorism, embargoes, blockades, pandemic, epidemic orgovernment measures, material disruption of the market supply or other essential raw materials (supply chain interruptions), as well as any exceptional event preventing the delivery necessary for the normal production, transport or shipment of the products, as well as similar situations relating to the Provider or the parties it uses.
The Provider cannot be held liable for the non-performance or a delay in the performance of the obligations under the agreement due to Force Majeure. The existence of Force Majeure shall be reported to the Client immediately upon its occurrence. In the event of Force Majeure, the Agreement will be suspended for a period equal to the period in which the Force Majeure situation continues. The Client has the right to terminate thecontract that was affected by a Force Majeure Event. To terminate it, please contact the Provider via shop@sveasolar.be.
§ 14 Final provisions
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Belgian law is applicable to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
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If individual provisions of these T&Cs are invalid, the enforceability of the remaining provisions shall remain unaffected and the invalid provision shall be replaced by a valid provision whose content is as close as possible to the initial provision.
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The Provider may amend these T&Cs at any time. The T&Cs in force at the time of the order will apply to the agreement between the Customer and the Provider.
