TERMS AND CONDITIONS
1. Scope of application
1.1. The following General Terms and Conditions in their version valid at the time of order shall apply exclusively to the business relationship between Voilà Solar B.V. (hereinafter referred to as the "Seller") and the customer (hereinafter referred to as the "Customer").
1.2. A consumer within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.
1.3. Deviating conditions of the customer shall not be recognized unless the seller has expressly agreed to their validity in writing.
2. Offers and service descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Performance descriptions in catalogs as well as on the seller's websites do not constitute a guarantee.
2.2. All offers are subject to change and availability.
3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart.
3.2. Subsequently, the customer can proceed to complete the ordering process within the shopping cart using the button [Checkout].
3.3. By clicking the button [Buy], the customer submits a binding offer to purchase the products contained in the shopping cart. Before submitting the order, the customer can change and review the data at any time.
3.4. The seller then sends the customer a confirmation of receipt via email, listing the customer's order once again, serving as an order confirmation. The confirmation of receipt documents that the customer's order has been received by the seller and constitutes the purchase contract.
3.5. If the seller allows for advance payment, the contract is concluded upon provision of the bank details and payment request. If payment is not received by the seller within 10 calendar days after sending the order confirmation, despite a reminder, the seller reserves the right to withdraw from the contract, resulting in the cancellation of the order without obligation on the part of the seller to deliver.
4. Prices and shipping costs
4.1. All prices stated on the seller's website are inclusive of the respective applicable statutory value-added tax.
4.2. In addition to the prices indicated, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on the page and within the ordering process.
4.3. The prices in the online shop are gross prices, including 20% value-added tax, and are daily prices. The prices in the online shop apply only to online orders. Prices are subject to change.
5. Delivery, product availability
5.1. If no copies of the selected product are available at the time of the customer's order, the seller shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the seller shall refrain from making a declaration of acceptance. In this case, no contract is concluded.
5.2. If the product specified by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller is also entitled to withdraw from the contract. In this case, the seller will immediately refund any payments already made by the customer.
6. Payment terms
6.1. The customer can choose from the available payment methods within the framework and before completion of the ordering process.
6.2. If payment by invoice is possible, payment must be made within [30 days] after receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned with payment processing, e.g., PayPal, their general terms and conditions apply.
6.4. If the payment deadline is determined according to the calendar, the customer is in default upon the expiry of the deadline. In this case, the customer shall pay default interest of 5 percentage points above the base interest rate.
6.5. The customer's obligation to pay default interest does not preclude the seller from claiming further damages for delay.
6.6. The customer is only entitled to set-off if his counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention insofar as his counterclaim arises from the same contractual relationship.
7. Retention of title
Until full payment has been made, the delivered goods remain the property of Voilà Solar B.V..
8. Warranty and guarantee
8.1. The warranty is based on statutory provisions.
8.2. A guarantee exists for goods delivered by the seller only if expressly given.
9. Liability
9.1. Subject to other statutory requirements, the following exclusions and limitations of liability apply to the seller's liability for damages.
9.2. The seller shall be liable without limitation in cases of intent or gross negligence.
9.3. The above limitations of liability shall not apply in the event of injury to life, body, and health, in the event of a defect after assuming a guarantee for the quality of the product, and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.4. Insofar as the liability of the seller is excluded or limited, this shall also apply to the personal liability of employees, representatives, and vicarious agents.
10. Right of Withdrawal
– Commencement of Withdrawal Instruction for Consumers –
You have the right to withdraw from the concluded contract by sending a written declaration of withdrawal within 14 days of receipt of the goods without giving reasons. To exercise your right of withdrawal, please inform us in writing (e.g., by email or post) of your unequivocal intention to withdraw from this contract. You can use the sample withdrawal form for this purpose, but it is not mandatory. Alternatively, there is only an online form to make it easier for us to automate.
In this case, the customer is obliged to return the goods promptly and provide evidence of such return. If the goods have been used and/or damaged, the customer is obliged to pay reasonable compensation for the use, including reasonable compensation for any damage incurred – up to the maximum value of the goods – to the seller. Only in the case of incorrect or defective delivery, the seller bears the return shipping costs. The risk of return and its proof lies with the customer. In the event of withdrawal by the customer, the seller shall promptly refund the purchase price already paid – shipping costs will not be refunded. For orders on an open invoice, a credit will be issued to the customer's account.
– End of Withdrawal Instruction for Consumers –
11. Notes on Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to the delivery of goods that are made according to customer specifications or clearly tailored to personal needs.
12. Returns
12.1. Customers are requested to notify the seller before returning the goods in order to announce the return. In this way, they enable the seller to assign the products as quickly as possible.
12.2. Customers are requested to send the goods back to the seller with postage paid and to keep the shipping receipt.
12.3. Customers are requested to avoid damaging or contaminating the goods. If possible, the goods should be returned to the seller in the original packaging with all accessories. If the original packaging is no longer in the possession of the seller, another suitable packaging should be used to ensure sufficient protection against transport damage and to avoid any claims for damages due to damage caused by inadequate packaging.
13. Storage of the Contract Text
13.1. The seller stores the contract text of the order. The terms and conditions are available online.
13.2. The seller also sends the customer an order confirmation with all order details to the email address provided by the customer.
14. Data Protection
14.1. The seller processes the customer's personal data for specific purposes and in accordance with legal regulations.
14.2. The personal data provided for the purpose of ordering goods (such as name, email address, address, payment data) will be used by the seller for the fulfillment and processing of the contract. This data is treated confidentially and is not passed on to third parties who are not involved in the ordering, delivery, and payment process.
14.3. The customer has the right to obtain free information on request about the personal data stored by the seller about him. In addition, he has the right to correction of incorrect data, blocking, and deletion of his personal data, provided that there is no legal obligation to retain it.
14.4. Further information on the type, scope, location, and purpose of the collection, processing, and use of the necessary personal data by the seller can be found in the privacy policy.
15. Jurisdiction, Applicable Law, Language of Contract
15.1. The place of jurisdiction and place of performance is the registered office of the seller.
15.2. The law of the Netherlands shall apply. This shall not apply if mandatory consumer protection regulations preclude such application.
15.3. The language of the contract is dutch.