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    Article 1.          General
    1.	These terms  and conditions are applicable to every offer, quote, or contract between Supersola B.V.,  henceforth known as “Supersola”, and the “Client”  as far as both parties do not  emphatically deviate from this by letter.
    2.	The applicability of any purchase or other conditions of the Customer is explicitly rejected.
    3.	If one or more provisions in these general terms and conditions at any time are wholly or partially void or destroyed, then the remainder of these general terms and conditions remain fully applicable. Supersola and the Customer will then enter into consultation in order to agree on new provisions to replace the null and void or nullified provisions, whereby as much as possible the purpose and intent of the original provisions will be observed.
    4.	Supersola reserves the right at all times to adjust or supplement these Product Conditions. Any changes do not affect any Agreements already concluded, whereby the products have been or will be delivered.
    5.	Notices by Supersola are considered legally valid happened to the Customer if they have been send to his e-mail address last known to Supersola. This address, given by the customer before or at the conclusion of the agreement, may be used by Supersola for making announcements and / or statements. The Customer is obliged to inform Supersola in writing of email address changes as soon as possible.
    6.	If Supersola does not always strive for strict compliance with this conditions it does not mean that its provisions do not apply, or that Supersola would in any way lose the right to demand strict compliance with the provisions of these conditions in other cases.
    
    Article 2           Qoutes and offers
    1.	All quotations and offers from Supersola are without obligation, even if they contain an acceptance period. A quotation or offer expires if the product to which the quotation or offer relates is no longer available in the meantime.
    2.	Supersola cannot be held to its quotes or offers if the Customer can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or error.
    3.	All images, specifications and data inlcuded in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
    4.	All data, assumptions, estimates, payback times, subsidy amounts and all other factors that may underlie the decision of the Customer to conclude an Agreement, whether or not known to Supersola, are at the risk of the Customer.
    5.	The Agreement is concluded by accepting the Offer by the Customer. Acceptance is possible in two ways: 
    (i)	In Writing: by signing the Quotation; 
    (ii)	Online: by paying the payment or a deposit via the website or email.
    6.	Signing of the Quotation by the Customer also means that the Customer is responsible for: 
    (i)	The construction of their roof / underground so that it can carry a minimum of 55 kg / m2 and the possibility of this roof / this underground to safely wear the Products. 
    (ii)	Guarantees for not exceeding the indicated wind load of the Products, for the first three floors. Per floor 50 cm distance to the roof edge should be maintained (so 100 cm on the second floor etc.), for higher floors contact with Supersola should be included 
    (iii)	Is responsible for having a proper and save electrical connection for the Products.
    7.	Offers or quotations do not automatically apply to future orders.
    
    Article 3           Contract duration; delivery times; execution and changes of agreement; price adjustments.         
    1.	Supersola strives to deliver the Products within 3 weeks after receipt of the Payment, unless otherwise stated in the Agreement. This period and other delivery and installation terms mentioned in the Agreement are indicative and not fatal.
    2.	If a change in the circumstances, irrespective of the foreseeability, causes a delay, the delivery date will be adjusted accordingly.
    3.	Supersola has the right to have certain work executed by third parties.
    4.	Supersola is entitled to execute the agreement in various phases and to invoice the thus executed part separately.
    5.	Supersola strives to deliver and / or install the Products as agreed with the Customer. In view of the technological advancements in the field of the Products, Supersola is entitled at all times to supply and / or install other versions of the Products that are at least technically equivalent at Supersola's judgement. Deviations in the (specifications of) the delivered and / or installed Products in relation to what is included in the Agreement are not grounds for compensation and / or dissolution.
    6.	If the Customer is in default in the proper fulfillment of what he is obliged to Supersola, then the Customer is liable for all damage (including costs) on the side of Supersola that thereby directly or indirectly arise.
    7.	If Supersola at the closing of the Agreement agree on a certain price, Supersola shall nevertheless be entitled to increase the price under the following circumstances, even if the price was not initially stated with reservation.
    (i)	If the price increase is the result of a change of the Agreement;
    (ii)	if the price increase arises from a power attributable to Supersola or an obligation under Supersola pursuant to the law.
    8.	The risk of loss or damage to the Products passes to the Customer at the time of delivery. Delivery takes place in the manner and place as stipulated in the Offer, or in the manner as subsequently agreed between the Customer and Supersola.
    
    Article 4           Suspension, dissolution and early termination of the agreement
    1.	Supersola is authorized when fulfilling the obligations of the agreement to suspend or terminate immediately and with immediate effect if circumstances arise which are of such a nature that fulfillment of the agreement is impossible or unmodified maintenance of the agreement cannot reasonably be demanded from Supersola.
    2.	If after three consecutive emails and / or other written communications from Supersola to the customer that he has to cooperate with the delivery of the product, the customer has failed to pick up or receive the product for a period of one month. Supersola is entitled to sell the product and to recover the amount of proceeds owed to it.
    3.	If a dissolution is attributable to the Customer, Supersola shall be entitled to compensation of the damage, including the costs, thereby arising directly and indirectly.
    4.	If Supersola proceeds to suspension or dissolution, it shall in no way be obliged to compensate damage and costs thereby arising in any way whatsoever or indemnification.
    
    Article 5           Force Majeure 
    1.	Supersola is not obliged to fulfill any obligation towards the Customer if it is prevented from doing so as a result of a circumstance that is not due to guilt, and that is neither under the law, a legal act or generally accepted view for its account.
    2.	As force majeure included in these terms and conditions is to be underdstood, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, on which Supersola can exert no influence, but as a result of which Supersola is unable to meet its obligations. Supersola also has the right to invoke force majeure if the circumstance that prevents (further) performance of the agreement occurs after Supersola should have fulfilled its obligation.
    3.	Supersola can during the period that the force majeure continues, suspend the obligations under the agreement. If this period lasts longer than two months, then each of the parties is entitled to dissolve the agreement, without any obligation to compensate the other party for damage.
    4.	If Supersola at the time of the occurrence of force majeure has partially fulfilled its obligations under the agreement or will be able to comply with it, and if the partially fulfilled or to be fulfilled holds independent value, Supersola shall be entitled to separately invoice the part already fulfilled or to be fulfilled. The Client is obliged to pay this invoice as if it were a separate agreement.
     
    Article 6           Payment and collection costs
    1.	Payment must always be made within 14 days of the invoice date, in a manner to be indicated by Supersola in the currency in which the invoice is made, unless otherwise indicated by Supersola in writing. Supersola is entitled to invoice periodically.
    2.	If the Client defaults in the timely payment of an invoice, the Customer is legally in default. The Customer will then owe an interest. In the case of consumer purchase, the interest rate is equal to the statutory interest. In other cases, the Client owes an interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the due and payable amount will be calculated from the moment the Customer is in default until the moment of payment of the full amount is due.
    3.	Supersola has the right to allow the payments made by the Customer to first of all deduct the costs, then reduce the interest still due and finally reduce the principal sum and the current interest.
    4.	Supersola may, without being in default, refuse an offer of payment if the Customer designates a different order for the allocation of the payment. Supersola can refuse full payment of the principal sum, if the interest and collection costs are not paid.
    5.	Objections against the height of an invoice does not suspend the payment obligation.
    6.	If the Customer is in default or omission in the (timely) fulfillment of his obligations, then all reasonable costs incurred in obtaining payment out of court are at the expense of the Customer. The extrajudicial costs are calculated on the basis of what is currently customary in Dutch debt collection practice, currently the calculation method according to Rapport Voorwerk II. If, however, Supersola has incurred higher costs for collection that were reasonably necessary, the costs actually incurred will be eligible for reimbursement. Any legal and execution costs incurred will also be recovered from the Customer. The Client also owes interest on the collection costs due.
    
    Article 7           Reservation of ownership
    1.	All goods delivered by Supersola in the context of the agreement remain the property of Supersola until the Customer has properly fulfilled all obligations from the agreement (s) concluded with Supersola.
    2.	Goods delivered by Supersola that are subject to the retention of title pursuant to paragraph 1 may not be resold and may never be used as a means of payment. The Customer is not authorized to pledge the items that fall under the retention of title or to encumber them in any other way.
    3.	The Customer must always do everything that can reasonably be expected of him to safeguard the property rights of Supersola.
    4.	If third parties seize the goods delivered under retention of title or rights thereto want to establish or assert, then the Customer is obliged to notify Supersola immediately.
    5.	The Customer is obligated to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available to Supersola on first request. In case of payment of the insurance, Supersola is entitled to these tokens. Insofar as necessary, the Customer is obligated in advance to cooperate towards Supersola with everything that may prove necessary or desirable in that context.
    6.	In case Supersola is to exercise indicated ownership rights in this article, the Customer grants unconditional and non-revocable permission to Supersola and third parties designated by Supersola to enter all those places where the property of Supersola is located and to take back these items.
    
    Article 8      Warranties, research and commercials
    1.	The goods to be delivered by Supersola meet the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended for normal use in the Netherlands. The guarantee mentioned in this article applies to items that are intended for use within the Netherlands. When used outside the Netherlands, the Customer must verify whether the use thereof is suitable for use there and whether they meet the conditions set for it. Supersola can in that case offer other guarantee and other conditions with regard to the goods to be delivered or work to be performed.
    2.	The guarantee referred to in paragraph 1 of this article applies to a period of 2 years after delivery, unless the nature of the delivered results differently or parties have agreed otherwise. If the warranty provided by Supersola concerns a case that was produced by a third party, then the warranty is limited to that provided by the producer of the item, unless otherwise stated. After expiration of the warranty period, all costs for repair or replacement, including administration, shipping and call-out costs, will be charged to the Customer.
    3.	Unless expressly agreed otherwise, the manufacturer’s warranty issued by the Solar panel manufacturer applies - for proper and careful use - without prejudice to Supersola and the Customer, but only insofar as Supersola can appeal to this manufacturer's warranty to the producer of the Solar Panels. This manufacturer's warranty is supplied with the Products.  Defects that are a consequence of weathering and / or normal wear and tear are outside the contractual Guarantee.
    4.	Unless expressly agreed otherwise, the manufacturer's warranty issued by the manufacturer of the Inverters applies - in case of correct and careful use - remains unaffected by Supersola and the Customer, but only insofar as Supersola can appeal to this manufacturer's warranty to the producer of the Inverters. This manufacturer's warranty is supplied with the Products.  Defects that are a consequence of weathering and / or normal wear and tear are not covered by the contractual guarantee.
    5.	Any form of guarantee will lapse if a defect arises as a result of or arising from incompetent or improper use, incorrect storage or maintenance by the Customer and / or by third parties when, without the written permission of Supersola, the Customer or third parties that have made or attempted to make changes, other matters have been attached that need not be attached or if these have been modified or processed in a manner other than the prescribed manner. The Customer is also not entitled to warranty if the defect arises due to or is the result of circumstances where Supersola cannot influence, including but not limited to weather conditions (such as, but not limited to, extreme rainfall, hail or temperatures).
    6.	The Customer is obliged to investigate the delivered goods, immediately at the moment that the items are made available to him or the relevant activities have been carried out. In addition, the Customer must examine whether the quality and / or quantity of the delivered corresponds with what has been agreed and meets the requirements that the parties have agreed on in this respect. Any defects must be reported to Supersola in writing 14 days after discovery. The report must contain as detailed a description as possible of the defect, so that Supersola is able to respond adequately. The Customer must give Supersola the opportunity to investigate a complaint.
    7.	Damage to the Products caused by the Customer, are at the expense of the Customer.
    8.	The Customer indemnifies Supersola against any claims from third parties relating to the installed Products, the operation and the presence of the Products.
    9.	If the Customer complains in time, this does not suspend his payment obligation. In that case, the Customer will also remain obliged to purchase and pay for the otherwise ordered items, unless it does not have an independent value.
    10.	If a defect is reported later then the stated 14 days in paragraph 6, the Customer will no longer be entitled to repair, replacement or compensation, unless a longer period ensues from the nature of the case or the other circumstances of the case.
    11.	If it is certain that a case is defective and in this respect the complaint is filed in time, then Supersola will replace the defective item within a reasonable period after it is returned or, if return is not reasonably possible, written notice regarding the defect by the Customer, at the discretion of Supersola, replace or ensure its repair or replacement or compensate the Customer for this. In case of replacement, the Customer is obliged to return the replaced item to Supersola and to provide the property to Supersola, unless Supersola indicates otherwise.
    12.	If it is established that a complaint is unfounded, then the costs that incurred, including the research costs, on the part of Supersola as a result thereof, are entirely for the account of the Customer.
    
    Article 9  Liability
    1.	If Supersola is liable, then this liability is limited to what is stipulated in this provision.
    2.	Supersola is not liable for damage of any nature whatsoever, caused by the fact that Supersola has assumed incorrect and / or incomplete information provided by or on behalf of the Customer.
    3.	Supersola is only liable for direct damage.
    4.	Direct damage is exclusively understood as:
    (i)	the reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions;
    (ii)	any reasonable costs incurred in order to have the defective performance of Supersola comply with the agreement, as far as these can be attributed to Supersola;
    (iii)	reasonable costs incurred to prevent or limit damage, in so far as the Customer demonstrates that these costs have led to the limitation of direct damage as referred to in these general terms and conditions.
    5.	Supersola is never liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business or other stagnation. In the case of consumer purchase, this restriction does not extend beyond that which is permitted pursuant to Section 7:24 paragraph 2 of the Dutch Civil Code.
    6.	If Supersola is liable for any kind of damage, Supersola's liability is limited to a maximum of three times the invoice value of the order, at least to that part of the order to which the liability relates.
    7.	The liability of Supersola is always in any case limited to the amount of the benefit of his insurer, if applicable.
    8.	The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of Supersola or its managerial subordinates.
    
    Article 10         Limitation period
    1.	Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against Supersola and the third parties involved in the execution of an agreement by Supersola is one year.
    2.	The provisions of paragraph 1 do not apply to legal claims and defenses based on facts that would justify the assertion that the delivered goods would not comply with the agreement. Such claims and defenses shall expire after a period of two years after the Customer has notified Supersola of such non-conformity.
    
    Article 11         Indemnity
    1.	The Customer indemnifies Supersola against any claims by third parties that suffer damage in connection with the execution of the agreement and whose cause is attributable to others than Supersola.
    2.	If Supersola was allowed to become third-party for this reason the Client is obliged to assist Supersola both in and out of court and to immediately do everything that may be expected of him in that case. Should the Customer fail to take adequate measures, then Supersola shall be entitled to do so without notice of default. All costs and damage on the part of Supersola and third parties thereby arise, are fully at the expense and risk of the Customer.
    
    Article 12         Intellectual property
    1.	Supersola reserves the rights and powers that accrue to him under the Copyright Act and other intellectual laws and regulations. Supersola has the right to use the knowledge gained through the execution of an agreement for other purposes, insofar as no strictly confidential information of the Customer is brought to the notice of third parties.
    
    Article 13         Applicable law and disputes
    1.	All legal relationships to which Supersola is a party are exclusively subject to Dutch law, even if an obligation is fully or partially executed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
    2.	The parties will first appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
     
    
    Supersola B.V. Molengraaffsingel 12, Delft, NL  
    info@supersola.nl / www.supersola.com  
    KvK: 68162081 
     
    Also we like to point out to you the existence of the Europese Online Dispute Resolution Platform (ODR): https://webgate.ec.europa.eu/odr/  
    
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    Privacy statement
    Supersola respects the privacy of all users of its site and ensures that the personal information you provide is treated confidentially. Supersola will not sell your personal information to third parties and will only make it available to third parties that are involved in our business operations.
    
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