Terms and conditions of online sale – BELGA SOLAR

ARTICLE 1: Purpose and scope of application

These general terms and conditions of sale (the General Terms and Conditions) govern the contractual relationship between SRL BELGA SOLAR, whose registered office is located at Zone d’Activités Nord, 89, 5377 Somme-Leuze, Belgium, registered with the ECB under number BE 0844.255.138 (BELGA SOLAR) and any person acting as a consumer (the Customer) in connection with the purchase of products (the Products) which can be purchased online at https://belgasolar.com/ or https://www.panneauxplugandplay.be or https://www.plugandplaypanelen.be (the Website) and which do not require the intervention of a technician for their installation. BELGA SOLAR reserves the right to modify these Terms and Conditions at any time. The General Terms and Conditions in force at the time of validation of the order by the Customer are those applicable to the contractual relationship and prevail over any previous version. Unless otherwise agreed in writing by the parties, the present General Terms and Conditions apply without restriction or reservation to all sales of Products which can be made online on the Site and which do not require the intervention of a technician for their installation. The Products offered are exclusively intended for consumers, i.e. natural persons acting for purposes that do not fall within the scope of their commercial, industrial, artisanal or liberal activity. BELGA SOLAR reserves the right to refuse any order that might suggest professional use of the Products.

ARTICLE 2.Description of products and applicable prices

2.1. Product characteristics Before placing an order, the Customer may consult the main characteristics of the Products he/she wishes to purchase on the Site. The choice and purchase of a Product are the sole responsibility of the Customer. It is the Customer’s responsibility to check that the Product corresponds to his/her needs before validating the order, based on his/her personal situation and on the descriptions available on the Site.

2.2. Product availability Products are offered for sale as long as they are visible on the Site and while stocks last. The range of Products may be modified at any time. If a Product becomes unavailable after order confirmation, BELGA SOLAR will inform the Customer as soon as possible by e-mail. Where possible, a similar Product may be offered as a replacement. If the Customer refuses this replacement or if no equivalent Product is available, the order will be cancelled and BELGA SOLAR will refund the corresponding amount, according to the payment method used at the time of purchase.

2.3. Applicable prices Any order placed on the Site implies acceptance of the prices and descriptions of the Products and services offered. Prices are expressed in euros and include VAT and other taxes and contributions (subject to what is stated in article 9). BELGA SOLAR reserves the right to adjust its prices at any time. In the event of changes in taxes or compulsory contributions, these changes may be reflected in the prices displayed. However, BELGA SOLAR undertakes to apply the prices indicated at the time of validation of the Customer’s order.

ARTICLE 3: Ordering

To order a Product, the Customer must choose the Product he/she wishes to purchase, and fill in his/her personal details. The order will be processed as soon as the Customer has paid for the Product ordered. Once the order has been definitively validated and paid for, BELGA SOLAR acknowledges receipt by sending the Customer an order confirmation email summarizing the details of his/her purchases. For any question relating to the tracking of its order, the Customer may contact the customer service of BELGA SOLAR at the following coordinates: by e-mail at welcome@belgasolar.com – by telephone at 086 38 81 38 during opening hours.

ARTICLE 4 Payment

Payment for the order will be made either by bank transfer or via a secure payment module available on the Site.

ARTICLE 5: Delivery and transfer of risk

5.1 Delivery Delivery of the Product ordered will only take place once the order has been paid for in full. Unless expressly indicated otherwise on the Site, Products are delivered within an indicative period of 60 working days from validation and full payment of the order by the Customer if delivery takes place in the European Union. In the event of a delay in delivery attributable to BELGA SOLAR, the Customer may cancel the order after having given BELGA SOLAR written notice to effect delivery within an additional period of time appropriate to the circumstances. In the event of cancellation of the sales contract under these conditions, BELGA SOLAR undertakes to reimburse the Customer for all sums paid without undue delay.

5.2. Delivery costs Delivery costs are included in the price of the Product mentioned on the Site if delivery takes place in Belgium. If delivery is to another country, additional delivery charges may apply. If the customer is not present at the time of delivery, a new delivery will be organized at the customer’s expense.

5.3. Control and transfer of risks As soon as the Customer (or a third party designated by the Customer) takes physical possession of the Products ordered, delivery is deemed to have been made by BELGA SOLAR and the risks of loss or damage to the Products are immediately transferred to the Customer. BELGA SOLAR recommends that the Customer carefully check the condition of the Products upon receipt. If the Customer notices a defect or a non-conformity of a Product (error of Product, defective or damaged Product, incomplete order), it must notify its reserves to BELGA SOLAR by e-mail as soon as possible, and at the latest within two working days following the taking of physical possession of the Products.

ARTICLE 6: Right of withdrawal and return

6.1. The customer has a period of fourteen (14) days from the date of delivery to exercise his right of withdrawal, without giving any reason and at no cost. The withdrawal period expires after a period of 14 days from the day on which the consumer or a third party other than the carrier and designated by the consumer takes physical possession of the first good.

6.2. To exercise his right of withdrawal, the Customer must inform BELGA SOLAR within the aforementioned period of 14 days of his desire to withdraw by sending BELGA SOLAR a withdrawal form, a model of which appears in Appendix 2 to these Terms and Conditions, by email to welcome@belgasolar.com or by post to the registered office of BELGA SOLAR.

6.3. After verifying that the return conditions have been met, the Customer must carefully pack the Products and send them to BELGA SOLAR’s head office, at his/her own expense, in the original packaging, accompanied by all accessories.

6.4 Within 14 days of BELGA SOLAR being informed of the customer’s decision to withdraw, all amounts paid will be reimbursed via the same means of payment used by the customer at the time of purchase (less the above-mentioned transport costs and depreciation, if applicable). However, no cash refunds can be obtained in-store. BELGA SOLAR reserves the right to defer reimbursement until the Product has been recovered, or until the consumer has provided proof of shipment of the Product.

6.4 Within 14 days of BELGA SOLAR being informed of the customer’s decision to withdraw, all amounts paid will be reimbursed via the same means of payment used by the customer at the time of purchase (less the aforementioned transport costs and depreciation, if any). However, no cash refunds can be obtained in-store. BELGA SOLAR reserves the right to defer reimbursement until the Product has been recovered, or until the consumer has provided proof of shipment of the Product.

ARTICLE 7 Warranty

The conditions of service relating to the guarantees are described in Appendix 1.

ARTICLE 8. Liability

1. The Products offered for sale on the Site comply with the laws and regulations in force in Europe on the day the order is placed. Under no circumstances does BELGA SOLAR guarantee that the Products comply with any other local legislation that may be applicable to you when you access the Site from other countries. In Belgium, regulations authorize the connection of BELGA SOLAR products to the electrical network. It is the responsibility of the Customer accessing the Site from another country to check that this is also the case in his/her country.

2. Except in the case of gross negligence or intent on the part of BELGA SOLAR or its employees or agents, BELGA SOLAR is not liable for damages suffered by the Customer or a third party due to the non-functioning or malfunctioning of the Product, as well as for damages resulting from late, incorrect or incomplete delivery or provision of the Product. BELGA SOLAR is also not liable for damages of any kind that may result from misuse of the Products. In this respect, the Customer undertakes to carefully read the instructions for use of the Products. BELGA SOLAR is in no way liable for indirect, consequential, immaterial or commercial damages. In the event of liability for direct damage, compensation may never exceed three times the value of the product purchased. The non-performance or defective performance of a contractual obligation by BELGA SOLAR can only constitute the basis for an action for contractual liability against BELGA SOLAR, within the limits provided by these General Terms and Conditions, but in no case the basis for an action for liability, including extra-contractual liability, against an auxiliary of BELGA SOLAR, such as, but not limited to, an employee, an independent service provider natural person, an independent service provider legal person or a director. However, any limitation of liability shall not apply if the damage results in bodily injury or death.

ARTICLE 9. Customs

If the Customer orders Products for delivery outside the European Union, he/she may be subject to import duties and taxes, which are collected when the Product arrives at its destination. Any additional customs clearance costs will be borne by the Customer; BELGA SOLAR has no control over these costs. Furthermore, please note that when the Customer places an order with BELGA SOLAR, the Customer is considered the importer of record and must comply with all laws and regulations of the country in which the Customer receives the Products.

ARTICLE 10. Intellectual Property

All elements of the Site are and remain the exclusive intellectual property of BELGA SOLAR. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the Site whether software, visual or audio. Any simple link or hypertext link is strictly forbidden without the express written consent of BELGA SOLAR.

ARTICLE 11. Personal data

The processing and protection of personal data is subject to our Privacy and Data Protection Statement (the Statement). This Declaration forms an integral part of these General Terms and Conditions of Sale and can be consulted at www.belgasolar.com .

ARTICLE 12. Complaints – Mediator

In the event of a complaint, the Customer may contact BELGA SOLAR by sending an e-mail via the “Contact” section, by e-mail to welcome@belgasolar.com. Should the Customer fail to obtain a satisfactory response to his/her request, he/she may have recourse to out-of-court dispute settlement. In Belgium, the Customer may contact :

Consumer Mediation Service
North Gate II
Boulevard du Roi Albert II, 8 bte 1
1000 Bruxelles
Telephone: 02 702 52 20
E-mail: contact@mediationconsommateur.be

In the European Union, the Customer may also consult the Online Dispute Resolution platform set up by the European Commission at the following link https://webgate.ec.europa.eu/odr/, which is designed to facilitate the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.

ARTICLE 13. Applicable law and jurisdiction

These General Terms and Conditions are governed by Belgian law. In the event of a dispute concerning the interpretation, execution or validity of these General Terms and Conditions, and in the absence of amicable resolution, the Belgian courts shall have exclusive jurisdiction.

APPENDIX 1 – CONDITIONS OF SERVICE FOR GUARANTEES

By choosing BELGA SOLAR products, the customer opts for products that comply with high quality standards. To guarantee this quality, Belga Solar offers a warranty service for its solar power systems under the following conditions:

1. Services

These terms of service apply to the BELGA SOLAR Plug & Play product range.

a) Micro-inverters: This item is guaranteed for 12 years, from the invoice date, against any manufacturing or material defect. Aesthetic defects or defects in the appearance of inverters and fixings are not covered by the warranty.

b) Photovoltaic panel warranty: The solar panels come with a 25-year warranty. Under standardized measurement conditions, solar panels distributed by Belga Solar have a nominal power that falls within a specified tolerance range for the first 25 years (see product data sheet). Limited panel warranties will be valid provided that the defective panel is in its original condition and has not been damaged by any external phenomenon. The panels to be replaced will be flash and electroluminescence tested beforehand, to be compared with the manufacturing database. These tests, as well as labor costs, are at the seller’s expense during the warranty periods mentioned in the present contract, provided that the condition corresponds to the original condition, failing which the buyer will automatically bear all transport, dismantling and testing costs. All warranties will be lost if the panels have been cleaned, handled or damaged by any cause or person external to Belga Solar. Defects in appearance, color and discoloration are not covered by the warranty. In the case of the supply of new goods and except for hidden defects, any lack of conformity existing at the time of delivery of the goods and occurring within the warranty period of our suppliers of this delivery must, on pain of nullity, be notified to Belga Solar by registered letter at the latest within 8 days from the day on which the customer noticed the defect, or within two months from the day on which he should have known about it. The lack of conformity denounced by the customer within the deadlines and according to the forms specified in the preceding articles will give rise, at BELGA SOLAR’s free choice, to the repair of the defective good or its replacement. If repair or replacement proves impossible or disproportionate, BELGA SOLAR will offer an appropriate price reduction or replacement by a conforming good.

c) Warranty on other products (screws, cables, connectors, fasteners) : All products other than solar panels and microinverters are guaranteed for 2 years from the invoice date against any manufacturing or material defect. The warranty covers the replacement of parts found to be defective after examination by Belga Solar, to the exclusion of labor and travel costs, and any indemnity or warranty extension. Incidents resulting from a lack of power supply, faulty maintenance, incorrect assembly, or installations that do not comply with the standards in force in Belgium, are excluded from the warranty.

2. Claiming rights

To claim a benefit under the warranty, the customer must inform Belga Solar in writing, at the address indicated in Article 12 (welcome@belgasolar.com), and provide the original proof of purchase, proving the acquisition of the products as well as the date of purchase. Complaints must be made within 8 days of detection of the defect. Products may only be returned with the prior written consent of Belga Solar.

3. Conditions of use

Warranty benefits will only be granted if the products are used and handled in accordance with Belga Solar’s instructions. Consequently, no benefits will be provided if a drop in performance or a breakdown is due to incorrect or improper use of the products. This includes in particular:

a) Non-compliance with installation, operating or maintenance instructions by the end user or installer.

b) Repairs, exchanges or modifications carried out by persons not authorized by Belga Solar.

c) Incorrect use of the products, or negligence in installation, maintenance, storage, transport or handling.

d) Buying second-hand products.

e) Vandalism or damage caused by external factors (people, animals, weather, etc.).

f) Force majeure events such as floods, fires, power surges, rock falls, accidental breakage, lightning, hail, cyclones, sandstorms, or other circumstances beyond the control of Belga Solar. Aesthetic or appearance defects are not covered by the warranty. Belga Solar’s warranty is limited to the repair or replacement of products found to be defective, according to Belga Solar’s tests and analyses. The warranty is valid only if the products have been installed in accordance with the assembly and installation instructions, have been stored and used under normal conditions and in accordance with their intended use, and have not been modified in any way. Any defect must be reported in writing within 8 days of its discovery. Belga Solar’s warranty or liability expires at the end of the warranty period specified above, calculated from the physical delivery of the products. The purchaser must provide a detailed description of the defect for any claim. No product returns will be accepted without the prior written consent of Belga Solar.

4. Non-responsibility

The customer acknowledges having been correctly informed of the quality, instructions for use, handling and specific properties of the goods purchased, unless otherwise agreed in writing by both parties. The customer acknowledges having read Belga Solar’s installation instructions. A photovoltaic module is a piece of electrical equipment that presents the intrinsic hazards of any electrical device and can also age as it is placed in outdoor conditions. In order to maintain its performance over time and remain under the manufacturer’s warranty, it must be installed correctly according to certain rules set out in Belga Solar’s installation instructions. Failure to comply with these instructions will invalidate the manufacturer’s warranty for the photovoltaic module, as well as entailing risks for anyone coming into contact with any part of the photovoltaic system. In addition, Belga Solar recommends that its customers comply with European regulations and suggestions regarding limits on the number of Plug & Play systems per household/household (eg 800W currently in Belgium). Customers are advised to contact their distribution network operator to understand the limits of their electrical circuits.

This service certificate in no way guarantees the performance of the products in accordance with their nominal value. It represents a service freely decided by Belga Solar. In the event of performance below the nominal value, Belga Solar will only be obliged to provide the services mentioned in article 1. No additional liability will be incurred, in particular for damages. This exclusion of liability does not apply in the event of personal injury, damage to private property in accordance with the Belgian Product Liability Act, or in the event of intent, gross negligence, breach of warranty, or culpable violation of essential contractual obligations. The present service certificate does not cover the cost of returning products or shipping repaired or replaced products, nor the cost of installing, dismantling or reinstalling products.

APPENDIX 2 – WITHDRAWAL FORM

For the attention of

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I/We (*) hereby notify you (*) of my/our (*) acceptance of the contract for the sale of the following item:

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Command. le (*)/re.u le (*)

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– Name of consumer(s)

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– Address of consumer(s)

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– Date

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– Signature of consumer(s)

(only if you are using this form to submit a paper application)

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