Terms and Conditions.

Marstek-Power.eu is part of Ematic-Zonnepanelen.nl

Table of Contents

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, cancellation, and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can make use of their right of withdrawal; Read all about the cooling-off period
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract regarding a series of products and/or services, whose delivery and/or acceptance obligation is spread over time;
Durable data carrier: any means that allows the consumer or entrepreneur to store information addressed to them in such a way that future consultation and unaltered reproduction of the stored information is possible.
Right of withdrawal: the consumer's ability to cancel the distance contract within the cooling-off period;
Model form: the model form for withdrawal that the entrepreneur makes available for the consumer to fill out when they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person offering products and/or services at a distance to consumers;
Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, the agreement is concluded exclusively by using one or more communication techniques at a distance up to and including the conclusion of the contract;
Communication technique at a distance: a means that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously in the same location.
General Terms and Conditions: these general terms and conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Marstek-Power / Ematic Zonnepanelen
Bieskade 2,
2492 TP 's-Gravenhage
The Netherlands
T +31 (0)85-401-7089
E info@marstek-power.eu / info@ematic-zonnepanelen.nl
Chamber of Commerce (KVK) 81374704
VAT number NL003559327B89

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be stated before the conclusion of the distance contract that the general terms and conditions can be viewed at the entrepreneur and will be sent to the consumer free of charge upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that they can be stored by the consumer on a durable data carrier in an easy manner. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically, and that they will be sent to the consumer free of charge either electronically or otherwise upon request.
If, in addition to these general terms and conditions, specific product or service terms and conditions apply, paragraphs 2 and 3 apply accordingly, and the consumer may rely on the applicable provision that is most favorable to them in case of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or annulled, the agreement and these conditions will remain in force, and the relevant provision will be replaced by a provision that most closely approximates the original intent of the provision in mutual consultation.
Situations not covered by these general terms and conditions must be assessed in the spirit of these general terms and conditions.
Any ambiguities regarding the explanation or content of one or more provisions of these terms must be interpreted in the spirit of these general terms and conditions.

Article 4 - The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly mentioned in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, these will be a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the contract.
Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This includes in particular:
- the price including taxes;
- any shipping costs;
- how the agreement will come into existence and what actions are required for this;
- whether the right of withdrawal applies;
- the method of payment, delivery, and execution of the agreement;
- the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the communication rate for distance communication if the cost of using the technique for distance communication is calculated based on something other than the regular base rate for the used communication method;
- whether the agreement will be archived after its conclusion, and if so, how the consumer can consult it;
- how the consumer can verify and, if necessary, correct the data provided by them in the context of the agreement before concluding the agreement;
- the other languages in which, besides Dutch, the agreement can be concluded;
- the codes of conduct the entrepreneur has adhered to and how the consumer can consult these codes electronically;
- the minimum duration of the distance contract in the case of a long-term transaction.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. Until the entrepreneur has confirmed this acceptance, the consumer can cancel the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can, within legal frameworks, check if the consumer is able to meet their payment obligations, as well as any facts and factors that are relevant to responsibly concluding the agreement at a distance. If the entrepreneur has valid reasons to not conclude the agreement based on this investigation, they are entitled to refuse an order or application, or attach special conditions to the execution.
The entrepreneur will send the following information in writing or in such a way that the consumer can easily store it on a durable data carrier:
- The address of the entrepreneur's establishment where the consumer can submit complaints.
- The conditions under which and the way the consumer can exercise the right of withdrawal, or a clear statement about the exclusion of this right.
- Information about warranties and existing after-sales service.
- The details in Article 4 paragraph 3 of these terms, unless these have already been provided to the consumer before the agreement's execution.
- Requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of Withdrawal
For product deliveries:

Upon purchasing products, the consumer has the option to cancel the agreement without providing a reason within 14 days. This reflection period starts the day after the consumer or a representative designated by them receives the product.
During the reflection period, the consumer will handle the product and its packaging carefully. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in its original state and packaging, according to the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to use their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product, using the model withdrawal form or another communication method, such as email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the goods were returned on time, such as by providing proof of dispatch.
If the consumer does not notify the intention to withdraw or does not return the product within the deadlines mentioned in paragraphs 2 and 3, the purchase is considered final.

For service deliveries:

For services, the consumer has the option to cancel the agreement without providing a reason within at least 14 days, starting on the day the agreement is concluded.
To use the right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer or at the latest during delivery.

Article 7 - Costs in the Event of Withdrawal

If the consumer uses their right of withdrawal, the costs of returning the product will be at most the consumer's responsibility.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided the product has been returned or proof of complete return is provided. Refunds will be made using the same payment method the consumer used unless they give explicit consent for another payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which should have been provided before the conclusion of the purchase agreement.

Article 8 - Exclusion of Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur clearly stated this in the offer, or at least in time before concluding the agreement.
The right of withdrawal can only be excluded for products:
- Made by the entrepreneur according to the consumer's specifications;
- Clearly personal in nature;
- That cannot be returned due to their nature;
- That are subject to rapid deterioration or aging;
- Whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;
- For loose newspapers and magazines;
- For audio and video recordings and computer software that the consumer has broken the seal on;
- For hygiene products that the consumer has broken the seal on.
Exclusion of the right of withdrawal is only possible for services:
- Concerning accommodation, transport, restaurant services, or leisure activities on a specific date or within a specific period;
- For which delivery has explicitly begun with the consumer's consent before the reflection period has expired;
- Concerning betting and lotteries.

Article 9 - Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This dependency on fluctuations and the fact that any listed prices are indicative will be stated in the offer.
Price increases within 3 months after the agreement is concluded are only allowed if they result from legal regulations or provisions.
Price increases after 3 months are only allowed if the entrepreneur has stipulated this and:
- They result from legal regulations or provisions; or
- The consumer has the right to terminate the agreement on the day the price increase takes effect.
The prices mentioned in the offer for products or services include VAT.
All prices are subject to typographical and printing errors. The entrepreneur is not liable for the consequences of such errors. If there are typographical or printing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the applicable legal provisions and/or government regulations at the time the agreement is concluded. If agreed upon, the entrepreneur also ensures the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims the consumer can assert under the agreement.
All products are subject to statutory warranty. The duration of the statutory warranty may vary depending on the nature of the product.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovering the defect.
The warranty does not apply if:
- The consumer has repaired and/or altered the delivered products themselves or by third parties;
- The products have been exposed to abnormal conditions or mishandled, or have been treated contrary to the entrepreneur’s instructions and/or packaging.
- The defect is entirely or partially caused by government regulations regarding the materials used.

Article 11 - Delivery and Execution

The entrepreneur will take the utmost care in receiving and executing orders for products and evaluating requests for services.
The place of delivery is the address provided by the consumer.
Subject to paragraph 4 of this article, the entrepreneur will execute accepted orders promptly, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If there is a delay in delivery or a partial delivery, the consumer will be notified within 30 days after placing the order. In that case, the consumer has the right to cancel the agreement without cost. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive rights from any mentioned delivery times. Exceeding a time frame does not entitle the consumer to compensation.
If the agreement is canceled in accordance with paragraph 3, the entrepreneur will refund the amount the consumer paid as soon as possible, but no later than 14 days after cancellation.
If delivery of an ordered product proves impossible, the entrepreneur will attempt to provide a substitute product. If a substitute item is delivered, the entrepreneur will clearly state this at delivery. For substitute items, the right of withdrawal cannot be excluded. Return costs are at the entrepreneur's expense.
The risk of damage and/or loss of products lies with the entrepreneur until delivery to the consumer or a representative designated by the consumer, unless expressly agreed otherwise.

Article 12 - Long-Term Transactions: Duration, Termination, and Extension
Termination

The consumer may terminate an agreement concluded for an indefinite period and involving the regular delivery of products (including electricity) or services at any time, observing any agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement concluded for a definite period and involving the regular delivery of products (including electricity) or services at any time at the end of the agreed period, observing any agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
- At any time, without being limited to termination at a specific time or during a specific period;
- At least in the same way the agreement was entered into;
- Always with the same notice period the entrepreneur has set for themselves.
  Extension
An agreement concluded for a definite period and involving the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specific duration.
An agreement concluded for a definite period and involving the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a maximum of three months, provided the consumer can cancel the extended agreement at the end of the extension with a notice period of no more than one month.
An agreement concluded for a definite period and involving the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month, and a notice period of no more than three months applies for agreements involving the regular delivery of daily, news, and weekly newspapers and magazines less than once a month.
An agreement with a limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) does not continue tacitly and ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than one month, unless fairness and reasonableness prevent termination before the agreed duration ends.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.
The consumer has the obligation to promptly inform the entrepreneur of any inaccuracies in provided or indicated payment details.
In case of non-payment by the consumer, the entrepreneur, unless legally restricted, has the right to charge reasonable costs that were made known to the consumer in advance.

Article 14 - Complaints Procedure

The entrepreneur has a well-known complaint procedure and will handle complaints according to this procedure.
Complaints regarding the execution of the agreement must be submitted within 2 months in full and clearly to the entrepreneur after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when a more detailed response can be expected.
If the complaint cannot be resolved amicably, a dispute will arise subject to the dispute resolution process.
Consumers should first contact the entrepreneur for complaints. If the web shop is a member of WebwinkelKeur and the complaint cannot be resolved amicably, the consumer can contact WebwinkelKeur (www.webwinkelkeur.nl) for free mediation.
A complaint does not suspend the entrepreneur’s obligations unless explicitly stated otherwise.
If the complaint is upheld by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products at no cost.

Article 15 - Disputes

Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these terms and conditions apply, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions
Additional

or deviating provisions from these terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that they can be stored on a durable data carrier by the consumer.