Article 1. Applicability
1.1 These General Terms and Conditions apply to all offers made by BlauHoff, trading under the trade name "BlauHoff", and to all agreements entered into with BlauHoff. 1.2 The provisions of these General Terms and Conditions may only be deviated from if this has been expressly agreed in writing, in which case the other provisions of these terms and conditions remain in full force. 1.3 If the buyer also refers to its general terms and conditions, those terms and conditions do not apply unless BlauHoff has expressly agreed to them in writing. 1.4 'Buyer' means any visitor to the websites or any natural person or legal entity that has or will have a contractual relationship of any kind with BlauHoff. 1.5 BlauHoff is authorised to engage third parties in the performance of an agreement with the Buyer. 1.6 BlauHoff reserves the right to amend or supplement these terms and conditions from time to time.
Article 2. Offers and conclusion of agreements
2.1 Offers or quotations should be regarded as an invitation to potential buyers to make an offer. BlauHoff is in no way bound by this, unless this has been laid down in writing and unambiguously. Acceptance of the invitation to make an offer by the potential buyer constitutes an offer and only leads to the conclusion of an agreement if the other provisions of this article are met. 2.2 Offers are valid while stocks last. 2.3 A personalised quotation is valid for two (2) weeks, unless a different period is stated in the quotation. 2.4 An offer by the potential Buyer as referred to in Article 2.1 is deemed to have been made in one of the following circumstances: – the potential Buyer has specified exactly which product and/or service he wishes to receive; – a quotation has been signed by the Buyer and received by BlauHoff in the event that BlauHoff has issued a personalised quotation; – the potential Buyer has entered their details on the appropriate form on the website and sent the relevant data ("order form") to BlauHoff electronically, and this data has been received by BlauHoff. 2.5 An agreement is concluded at the moment that an order confirmation is handed over to the Buyer or, in the event that the offer is made via the website, sent by email to the email address provided by the Buyer. This agreement may be revoked by BlauHoff if the Buyer does not meet the conditions or has not met them in the past. In that case, BlauHoff will notify the Buyer within ten (10) days of receiving the order. 2.6 The Buyer and BlauHoff expressly agree that by using electronic forms of communication, a valid agreement is concluded as soon as the conditions in Articles 2.4 and 2.5 are met. In particular, the absence of a normal signature does not detract from the binding force.
of the offer and its acceptance. To the extent permitted by law, BlauHoff's electronic files shall serve as prima facie evidence. 2.7 Information, images, verbal communications, communications by telephone or email, statements, etc. relating to all offers and the most important characteristics of the products shall be provided or made as accurately as possible. However, BlauHoff does not guarantee that all offers and products are fully consistent with the information provided, etc. In principle, deviations cannot give rise to compensation and/or termination.
Article 3. Prices
3.1 Unless otherwise agreed, all prices are expressed in euros, in accordance with the relevant statutory provisions. 3.2 Special offers are only valid while stocks last. 3.3 The Buyer owes the price that BlauHoff has communicated to it in its confirmation in accordance with Article 2.5 of these terms and conditions. Obvious (manipulation) errors in the quotation, such as evident inaccuracies, may be corrected by BlauHoff even after the agreement has been concluded. 3.4 Delivery costs are not included in the price. Special rates apply for delivery outside the Netherlands. Certain payment methods are subject to additional conditions with regard to the delivery method and associated costs. This will be clearly communicated to the buyer. 3.5 If, after the date of the quotation, one or more cost factors increase, even if this is due to foreseeable circumstances, BlauHoff is entitled to increase the agreed price accordingly. If a price increase occurs within three months of the conclusion of the agreement, the consumer may terminate the agreement within 10 days, unless the price increase results from a power or obligation incumbent on the supplier by law or if it has been stipulated that delivery will take place more than three months after the purchase.
Article 4. Payment
4.1 Orders can be paid for in the following ways: - advance payment by giro or bank transfer and iDEAL; the ordered goods will be sent after receipt of payment; - When collecting an order, payment can be made by debit card or cash; - BlauHoff may expand the payment options in the future. Other payment options will be announced on the website. 4.2 If BlauHoff has agreed to a payment term, the buyer will be in default simply by the expiry of this term. Payment terms can only be agreed in writing under conditions to be set and agreed upon at that time. 4.3 In the event of non-payment or late payment by the Buyer, statutory interest will be payable from the date on which payment should have been made until the date of full payment of the outstanding amount, with each month that has commenced being counted as a full month. 4.4 The Buyer shall also be liable for all judicial and extrajudicial collection costs of any nature whatsoever incurred by BlauHoff as a result of the Buyer's failure to fulfil its (payment) obligations. The extrajudicial collection costs owed by the buyer shall amount to at least 15% of the
amount due and never more than the maximum permitted collection costs. Delivery of products and/or services may be suspended until the invoice price has been paid. 4.5 In the event of late payment, BlauHoff is entitled to terminate the agreement with immediate effect or to suspend (further) delivery until the Buyer has fully complied with its payment obligations, including the payment of interest and costs owed. 4.6 If the Buyer fails to fulfil its payment obligations or is experiencing payment difficulties, BlauHoff is entitled, without any prior summons and/or notice of default, to retrieve the products and terminate the agreement. The Buyer grants BlauHoff permission to remove and retrieve the products if necessary, and the Buyer shall provide BlauHoff with every opportunity to do so. This permission also applies to situations in which accession or something similar has taken place. Removal of the products shall be at the Buyer's expense. When removing the products, BlauHoff is not obliged to remove the pipes, fittings, etc. installed for the product and/or to undo the structural provisions made.
Article 5. Delivery and delivery time
5.1 Orders will be delivered as quickly as possible. In principle, BlauHoff aims to dispatch orders within five working days. The maximum delivery period is 60 days after receipt of the order, with the exception of prepayments, for which the maximum delivery period is 40 days after receipt of payment. The delivery time stated is only an indication and is never a strict deadline. However, for some products, in particular solar panel systems, delivery times and market prices vary greatly depending on current global supply and demand. BlauHoff will announce any changes to delivery times as soon as possible. BlauHoff may provide further information about delivery times on its website or in writing by other means. Such information is only indicative. 5.2 If a product that is temporarily out of stock is ordered by the Buyer, it will be indicated when the product will be available again. BlauHoff will endeavour to notify the Buyer of any delays by email or telephone within three working days. 5.3 Deliveries of orders that are sent will be made to the address specified by the Buyer when the agreement was concluded. 5.4 Once the products to be delivered have been delivered to the specified delivery address, the risk relating to these products will transfer to the Buyer. For deliveries collected by the Buyer, the risk relating to these products is transferred to the Buyer at the time of transfer, but in any case before loading. 5.5 Deliveries may be made in instalments for practical reasons. 5.6 Different conditions may apply to deliveries abroad.
Article 6. Exchanges
6.1 The Buyer is obliged to inspect the products carefully immediately upon receipt and to report any defects or damage immediately. Transport damage must also be reported immediately to the relevant carrier. Software or similar products can only be exchanged within 3 days and in the original packaging, the seal of which has not been broken. Exchanges are only possible upon presentation of the original invoice.
Article 7. Satisfaction guarantee and right of withdrawal
7.1 The consumer-Buyer has the right to exercise a right of withdrawal without penalty or giving reasons within 14 working days of receipt. This right of withdrawal does not apply to specially ordered and assembled products (almost always the case with solar panel systems) and software or other products whose seal has been broken. The consumer-Buyer is liable for damage to returned products, even if this damage was caused by transport. 7.2 If the consumer-Buyer has exercised the right of withdrawal as referred to in the previous paragraph, BlauHoff will ensure that the amount paid by the consumer-Buyer to BlauHoff is refunded within 14 days. 7.3 The costs of returning the product are borne by the consumer-Buyer.
Article 8. Retention of title
8.1 Notwithstanding the actual delivery, ownership of the products will only transfer to the Buyer after the Buyer has paid in full all amounts owed by the Buyer in respect of any agreement with BlauHoff, including interest and costs, also for earlier or later deliveries and any work performed or to be performed in respect of the products. 8.2 The Buyer may not encumber, sell, resell, dispose of or otherwise encumber the products before ownership has been transferred.
Article 9. Installation and assembly
9.1 The product shall be installed and connected by the buyer, unless it has been agreed that the installation of the product will be carried out by BlauHoff. 9.2 The buyer is responsible to BlauHoff for the correct and timely implementation of all installations, facilities and/or conditions necessary for the installation of the product to be assembled and/or the correct functioning of the product in its assembled state. Please note! Installation only by a certified installer in accordance with regulations and standards applicable in the country or region. 9.3 Without prejudice to the above, in the event of services being provided by BlauHoff, the buyer shall in any case ensure, at its own expense and risk, that: a) BlauHoff's personnel or the third party engaged by it, as soon as they arrive at the installation site, access and can commence and continue to perform the work during normal working hours and, if BlauHoff deems this necessary, outside normal working hours, provided that it has notified the buyer of this in good time. b) the access roads to the installation site are suitable for the necessary transport. c) the designated installation site is suitable for storage and assembly. d) all necessary safety and precautionary measures have been taken and are being maintained, and that all measures have been taken and are being maintained in order to comply with the applicable government regulations in the context of the assembly/installation. e) there is no asbestos present at the location where the product is to be installed. f) Where applicable, the purchaser shall ensure that BlauHoff has timely access to the approvals and permits required for the services, as well as to the information to be provided by the purchaser in connection with the performance of the services.
9.4 The buyer must ensure that work and/or deliveries to be carried out by others, which do not form part of the assembly/installation work of BlauHoff or the third party engaged by it, are carried out in such a way and in good time that the performance of the work by or on behalf of BlauHoff is not delayed. If, nevertheless, a delay within the meaning of this paragraph occurs, the buyer must notify BlauHoff of this in good time. 9.5 Damage and costs incurred as a result of failure to comply with the conditions set out in this article, or failure to do so in good time, shall be borne by the buyer. 9.6 The buyer bears the risk of damage caused by: inaccuracies in the information provided and/or work assigned; inaccuracies in the constructions and working methods required by the buyer; defects in materials or tools made available by the buyer; defects in the movable or immovable property on which the work is carried out. 9.7 BlauHoff will endeavour to perform services in a timely manner. BlauHoff is not liable for direct and indirect damage if it fails to perform services on time. 9.8 BlauHoff will endeavour to perform the services it is to provide as a good contractor. 9.9 In the event of additional work, BlauHoff is entitled to charge this to the buyer. Where possible, BlauHoff will notify the buyer of any additional work as early as possible. The buyer is deemed to have agreed to the performance of the additional work, the associated costs and the adjusted delivery time, if necessary, unless the buyer objects before the commencement of the additional work and in any case within five days of the aforementioned notification by BlauHoff.
Article 10. Warranty and liability
10.1 Products supplied by BlauHoff are covered by the warranty as determined by the manufacturer of the product in question. If this arrangement is disadvantageous to the consumer-purchaser in comparison with the rights that the consumer-purchaser can assert against BlauHoff on the basis of the law and the distance contract, then at least the rights in accordance with the law and distance contract will apply. In practical terms, this means that in the event of a defect through no fault of their own, the consumer-buyer is entitled to free repair or replacement of the purchase for a period of at least two years. 10.2 BlauHoff is never obliged to pay any compensation to the buyer or others, unless there is intent or gross negligence on the part of BlauHoff. BlauHoff is never liable for consequential or trading loss, indirect damage and loss of profit or turnover. 10.3 BlauHoff's liability for damage will never exceed an amount equal to the invoice value relating to the product or service that caused the damage. 10.4 Without prejudice to the provisions of this article, there can be no guarantee if the wear and tear can be considered normal and in the following cases: -if changes have been made to the product, including repairs that have not been carried out with the consent of BlauHoff or the manufacturer; -if the original invoice cannot be presented, has been altered or made illegible; -if defects are the result of use that does not correspond to the intended purpose or improper use; -if damage has been caused by external causes or influences; -if damage has been caused by intent, gross negligence or negligent maintenance.
10.5 The buyer is obliged to indemnify BlauHoff against any claims that third parties may assert against BlauHoff in connection with the performance of the agreement, insofar as the law does not prohibit the relevant damage and costs from being borne by the buyer. 10.6 BlauHoff may include links on its website to other websites that may be of interest or informative to visitors. Such links are purely informative. BlauHoff is not responsible for the content of the websites referred to or the use that may be made of them.
Article 11. Force majeure
11.1 In the event of force majeure, BlauHoff is not obliged to fulfil its obligations towards the Buyer, or the obligation will be suspended for the duration of the force majeure. 11.2 Force majeure is understood to mean any circumstance beyond its control, as a result of which the fulfilment of its obligations towards the Buyer is wholly or partially prevented. Such circumstances include strikes, fire, business interruptions, power failures, non-delivery or late delivery by suppliers or other third parties engaged by BlauHoff, and the absence of any permit to be obtained from the government. Force majeure also includes disruptions in a (telecommunications) network or connection or communication systems used and/or the unavailability of the website at any time.
Article 12. Intellectual property
12.1 The buyer expressly acknowledges that all intellectual property rights to information, communications or other expressions relating to the products and/or the website are vested in BlauHoff, its suppliers or other entitled parties. 12.2 Intellectual property rights are understood to mean patent, copyright, trademark, design and model rights and/or other (intellectual property) rights, including patentable and non-patentable technical and/or commercial know-how, methods and concepts. 12.3 The buyer is prohibited from using, including making changes to, the intellectual property rights as described in this article, such as reproduction, without the express prior written consent of BlauHoff, its suppliers or other entitled parties, unless it concerns purely private use in relation to the product itself.
Article 13. Personal data
13.1 BlauHoff will only process the buyer's data in accordance with its privacy policy. 13.2 BlauHoff will comply with the applicable privacy rules and legislation.
Article 14. Applicable law and competent court
14.1 All offers and agreements are governed exclusively by Dutch law. 14.2 The applicability of the Vienna Sales Convention is expressly excluded. 14.3 All disputes relating to or arising from offers made by BlauHoff or agreements concluded with BlauHoff will be submitted to the competent court in Zwolle, unless the law expressly designates another court as competent.
Article 15. Miscellaneous
15.1 BlauHoff is located at Mercuriusweg 1A, 4051 CV Ochten, registered with the Chamber of Commerce under number 62024345.
Please send all correspondence regarding an agreement or these terms and conditions to BlauHoff at the above address or to the email address indicated on the website. 15.2 BlauHoff aims to respond to emails it receives within five working days at the latest.
Article 16. VAT-free shopping in the Netherlands and Germany
16.1 In the Netherlands and Germany, certain products are offered at zero rate. This so-called zero rate only applies if the solar panels (inverter and batteries) are installed on (private) homes or outbuildings of a home, such as a shed. BlauHoff General Terms and Conditions 03-01-2023
