General Terms and Conditions

 

1.1. In these general terms and conditions, the following definitions apply:

 

SolarToday: the private limited company SolarToday Franchise B.V., registered with the Chamber of Commerce under number 57507988.

 

Consumer: a natural person who purchases products and/or services from SolarToday for personal use.

 

Non-consumer: a legal or natural person who is not a consumer.

 

Buyer: any natural or legal person who purchases products and/or services from SolarToday.

 

Products: items which the buyer commits to (hire-)purchase from SolarToday, including solar energy generation systems.

 

Services: the service and support activities provided by or on behalf of SolarToday – whether or not in connection with products – including installation and maintenance.

 

Hire-purchase agreement: the agreement between SolarToday and the buyer in which the conditions for the hire-purchase and installation of the product are specified.

 

1.2. If a provision in these general terms and conditions applies exclusively to consumers or exclusively to non-consumers, this will be explicitly stated.

 

1.3. These general terms and conditions apply to and are part of all offers, installation works, and agreements of SolarToday.

 

1.4. The applicability of other general terms and conditions is excluded unless otherwise agreed in writing.

 

1.5. SolarToday reserves the right to change or supplement these general terms and conditions.

 

1.6. Should any provision of these general terms and conditions be declared null or otherwise non-binding by a competent court, the remaining provisions of these conditions shall remain fully in force.

 

 

 

2.1. All offers from SolarToday are non-binding; intermediate sale is reserved.

 

2.2. An offer is valid for two weeks unless another period is stated in the offer.

 

2.3. Any order of products and/or services is considered an offer by the buyer to enter into a purchase agreement under these general terms and conditions. SolarToday accepts the offer under these conditions as soon as the order is confirmed.

 

2.4. Delivery times stated by SolarToday are non-binding. Indicated delivery dates are never considered as binding deadlines. If a change in circumstances – whether foreseeable or not – causes a delay, the delivery date will be adjusted accordingly. This is without prejudice to the following provision on force majeure. In the event of late delivery, SolarToday must be given notice of default, and a reasonable grace period for delivery must be allowed.

 

2.5. For practical reasons, delivery can be made in partial shipments.

 

2.6. Information, images, verbal communications, data, etc., relating to all offers and essential characteristics of the products are provided as accurately as possible. However, SolarToday does not guarantee that all offers and products fully correspond with the given information. Deviations do not, in principle, entitle the buyer to compensation and/or dissolution of the contract.

 

2.7. The risk of loss or damage of the products purchased by the buyer passes to the buyer upon delivery. Delivery takes place in the manner specified in the order confirmation form and at the location indicated there, or according to the location proposed by the buyer and confirmed in writing by SolarToday.

 

 

3.1. The buyer owes the price stated by SolarToday in the order confirmation. Obvious price errors, such as clear inaccuracies, may be corrected by SolarToday even after the agreement has been concluded.

 

3.2. If one or more cost elements increase after the offer date – even in the case of foreseeable circumstances – SolarToday is entitled to adjust the agreed price accordingly. Such a price increase does not entitle the non-consumer to (partial) dissolution of the contract. If a price increase occurs within three months after conclusion of the contract, the consumer may cancel the contract within 10 days – unless the price increase is based on legal regulations or the contract provides for delivery more than three months after purchase.

 

3.3. Unless otherwise agreed, the purchase price is due in euros upon delivery. Payments must be made within 14 days of the invoice date unless a different agreement is made. SolarToday is entitled, at its discretion, to require prepayment of all or part of the purchase price, e.g., full payment at the time of order.

 

3.4. If a consumer fails to fulfill their payment obligation (on time), they are automatically in default without further notice. In this case, SolarToday is entitled, without prejudice to other rights, to charge the statutory default interest on the outstanding amount – from the invoice due date until the day of full payment.

 

3.5. If SolarToday must take collection actions after the invoice due date, the buyer is obliged to pay out-of-court collection costs. These amount to at least 15% of the owed amount, but not less than €150. Delivery of products and/or services may be suspended until full payment.

 

3.6. Non-consumers are not entitled, without SolarToday's written consent, to offset amounts or withhold payments.

 

 

4.1. Ownership of all products delivered by SolarToday to the buyer remains with SolarToday as long as the buyer has not fulfilled all payment obligations – regardless of the legal grounds – towards SolarToday. Ownership transfers only once all obligations have been completely settled.

 

4.2. As long as ownership of the product has not transferred to the buyer, the buyer may not pledge the product or transfer it as security, nor grant third parties any rights to it in any other way.

 

4.3. The buyer undertakes, as long as ownership of the delivered product lies with SolarToday, to inform SolarToday immediately if insolvency proceedings are initiated over the buyer’s assets, a suspension of payment is granted, or consumer insolvency proceedings are initiated, or if a seizure of the buyer’s assets takes place. The buyer is also obligated to inform the insolvency administrator or the enforcement officer that the product is the property of SolarToday.

 

4.4. The buyer further undertakes to inform SolarToday if they intend to sell the movable or immovable item on which the delivered product is installed, as long as ownership still resides with SolarToday. They are also obligated to inform the purchaser that the product is the property of SolarToday.

 

4.5. The buyer is obligated to handle the product with due care and to store it as recognizable property of SolarToday.

 

 

5.1. If the buyer is in default of payment or experiences payment difficulties, SolarToday is entitled, without prior warning and/or notice of default, to reclaim the products and to terminate the contract. The buyer gives SolarToday explicit permission to dismantle and retrieve the products if necessary and undertakes to grant SolarToday every opportunity to do so. This permission also applies in cases where there is a connection with a building or a similar legal situation (e.g., through installation). The costs of dismantling and retrieving the products are borne by the buyer. SolarToday is not obliged, when removing the products, to remove any cables, accessories, etc., or to undo any structural changes.

 

 

6.1. The product will be installed and connected by the buyer themselves, unless it has been agreed that installation will be carried out by SolarToday.

 

6.2. The buyer is responsible towards SolarToday for the proper and timely provision of all facilities, measures, or conditions necessary for setting up and operating the product to be installed.

 

6.3. Without prejudice to the foregoing, if services are to be provided by SolarToday, the buyer shall, at their own cost and risk, ensure that:

 

a) SolarToday's staff or third parties engaged by SolarToday are given access to the site upon arrival and can carry out the work in a timely manner during normal working hours – and if deemed necessary by SolarToday, also outside these hours – provided SolarToday has communicated this in advance;

 

b) the access roads to the installation site are suitable for the required transport;

 

c) the intended installation site is suitable for storage and assembly;

 

d) all necessary safety and precautionary measures are taken and maintained, and all legally required measures in the context of installation are complied with;

 

e) there is no asbestos present at the intended installation site;

 

f) SolarToday is provided in time with all required permits and approvals and with the information necessary for carrying out the services.

 

6.4. The buyer must ensure that any work or deliveries to be carried out by third parties – which are not part of the installation work by SolarToday or its representatives – are completed on time and in such a way that no delay is caused to SolarToday’s work. If a delay is foreseeable, the buyer must inform SolarToday immediately.

 

6.5. Damages and costs resulting from non-fulfillment or untimely fulfillment of the conditions mentioned in this article are the responsibility of the buyer.

 

6.6. The buyer bears the risk of damages caused by: incorrect data and/or instructions; flawed constructions or procedures requested by the buyer; defects in materials or tools provided by the buyer; or defects in the (im)movable object on which work is being performed.

 

6.7. SolarToday endeavors to provide services in a timely manner but assumes no liability for direct or indirect damages resulting from delayed execution.

 

6.8. SolarToday will strive to carry out the services with due care as a proper contractor.

 

6.9. In the case of additional work, SolarToday is entitled to charge the buyer. Additional work will – where possible – be communicated in writing in advance. The buyer is considered to agree to the execution, the resulting costs, and any modified delivery deadline unless they object in writing before execution and within five days after SolarToday’s notice.

 

 

 

7.1. The buyer or a third party acting on their behalf must carefully inspect the products delivered by SolarToday immediately upon receipt.

 

7.2. Any complaints regarding non-conformity or visible deviations from the agreement must be reported in writing by non-consumers to SolarToday within seven days of the delivery date. After this period, the products are deemed to have been accepted.

 

7.3. Consumers must notify SolarToday of any non-conformity or visible deviation from the agreement within a reasonable time after discovery. After that, the products are considered accepted.

 

7.4. If the above conditions have been met and it is proven that the products do not conform to the agreement, SolarToday has the right to either replace the defective products with new ones, professionally repair the affected products, refund the purchase price and/or credit the invoice amount, or grant the buyer a discount in mutual agreement. Fulfillment of one of these options is considered full compliance with SolarToday’s delivery obligations. This provision does not affect statutory consumer rights in the event of product defects.

 

7.5. In the case of a “distance sale” – i.e., a contract with a consumer where SolarToday exclusively used means of distance communication (such as online sales) until the conclusion of the contract – the following applies: consumers may cancel the purchase of products and/or services within 7 working days after receipt without giving any reason. SolarToday may request written confirmation of the withdrawal. Withdrawal is excluded for products made to customer specifications, those that are no longer suitable for resale, or have otherwise been used. The consumer is responsible for and bears the costs of the return shipment. Any payments already made will be refunded within 30 days of withdrawal. Return costs will be deducted from the refund amount.

 

 

 

8.1. If a hire-purchase agreement exists, the provisions of this article apply in addition to the other terms. In case of conflict, the other provisions take precedence.

 

8.2. The purchase price to be paid by the buyer to SolarToday for the product and the repayment schedule are set out in the hire-purchase agreement.

 

8.3. A malfunction of the product does not entitle the buyer to reduce the payments due under the hire-purchase agreement.

 

8.4. The buyer stores the product at their own expense and risk. They undertake to have the product regularly and professionally maintained and to insure it adequately with an insurer of their choice. Upon concluding the insurance policy – or immediately thereafter – the buyer must inform the insurer of SolarToday’s ownership and provide proof of this to SolarToday.

 

8.5. The buyer is obligated to inform SolarToday in writing of any loss or destruction of the product. SolarToday has a lien on the compensation claim that replaces the product. This lien lapses if the buyer provides equivalent security.

 

8.6. The buyer is obligated to allow SolarToday or its appointed third parties to inspect the product.

 

 

 

9.1. SolarToday guarantees that the products and services it supplies are free from defects during the warranty period stated in the offer and/or on the website, and that they comply with the applicable and supplier-defined specifications. Any warranties granted to SolarToday by the supplier are passed on to the buyer. If no warranty period is specified in the offer or on the website, a warranty period of 6 months applies. If a defect occurs within this period, SolarToday or the respective supplier will remedy it free of charge within a reasonable time or – at its discretion – replace the product. Liability is explicitly excluded after the expiry of the warranty period. These warranty terms do not affect the statutory rights of consumers.

 

9.2. This warranty does not apply if the defect is due to an external cause and/or is not attributable to SolarToday, including, for example: accidents, damage, short circuits, misuse, improper application, faulty or neglected maintenance, unauthorized changes or repairs to the product – including those without SolarToday’s consent – and services or modifications by unauthorized service centers.

 

9.3. If costs arise during the investigation of a defect not covered by warranty, they are always borne by the buyer. SolarToday will endeavor to inform the buyer of such costs in advance. The absence of such notice does not release the buyer from the obligation to pay.

 

 

10.1. The buyer expressly acknowledges that all intellectual property rights regarding all delivered products – including designs, manuals, documentation, reports, provided information, communications, or other expressions related to the products – belong to SolarToday, its suppliers, or other rights holders.

 

10.2. The buyer is not permitted to copy, alter, resell, or otherwise distribute these products, unless this is inherent to the nature of the delivered goods or has been explicitly agreed in writing.

 

10.1. De Koper erkent uitdrukkelijk dat alle rechten van intellectuele eigendom op alle geleverde producten - waaronder ook ontwerpen, handleidingen, documentatie, rapporten, weergegeven informatie, mededelingen of andere uitingen met betrekking tot de producten - berusten bij SolarToday, haar toeleveranciers of andere rechthebbenden.

10.2. Het is koper niet toegestaan deze producten te kopiëren, te veranderen, door te verkopen of op andere wijze in het verkeer te brengen, tenzij uit de aard van het geleverde anders volgt of schriftelijk uitdrukkelijk anders is overeengekomen.

 

 

 

11.1. SolarToday is only liable within the scope of this article. Legal, contractual, and tort liability is limited to the amount paid by the buyer to SolarToday for the respective product or service.

 

11.2. SolarToday assumes no liability to the buyer for:

 

Damages due to defects or errors in products and/or services that SolarToday has replaced or repaired within a reasonable time;

 

Indirect or purely financial damage such as lost sales or profit;

 

Damage that could have been avoided by following SolarToday’s advice and instructions;

 

Damage caused by the use of materials provided or specified by the buyer or actions based on the buyer’s instructions.

 

11.3. The buyer indemnifies SolarToday against all third-party claims – including from the property owner – in connection with the installation, function, and presence of the equipment.

12.1. All agreements concluded between the parties and the resulting legal relationships are governed exclusively by Dutch law.

 

12.2. The court in Alkmaar has exclusive jurisdiction over disputes. For disputes between a consumer and SolarToday, the court with jurisdiction under consumer protection law applies.

 

 

13.1. These general terms and conditions are filed with the District Court of Haarlem and also available at www.solarToday.nl.

 

13.2. The contract date determines which version of the general terms and conditions applies.