Download general terms and conditions
In these terms and conditions, the following definitions shall apply:
Cooling-off period: the period during which the consumer may exercise their right of withdrawal.
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
Day: calendar day.
Continuous transaction: a distance contract relating to a series of products and/or services, whereby the delivery and/or purchase obligation is spread over time.
Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a manner that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
Model withdrawal form: the model form for withdrawal made available by the entrepreneur, which a consumer may complete when they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely.
Distance contract: a contract concluded within the framework of an organized system for the remote sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.
Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same physical location.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
BatteryDeals.eu / NRG Distribution B.V.
Westvlietweg 67
2495 AA The Hague
The Netherlands
T +31 (0)85-401-7089
E info@batterydeals.eu
Chamber of Commerce (KVK): 99508060
VAT number: NL869019466B01
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the consumer shall be informed before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, by way of derogation from the previous paragraph and before the distance contract is concluded, be made available electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the consumer shall be informed before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request.
If, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs 2 and 3 shall apply accordingly. In the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force. The relevant provision shall be replaced without delay, in mutual consultation, by a provision that approximates the original provision as closely as possible in terms of substance and purpose.
Situations that are not regulated in these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.
If an offer has a limited period of validity or is subject to conditions, this shall be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to amend and modify the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these shall be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer shall not bind the entrepreneur.
All images, specifications and information contained in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with acceptance of the offer. This concerns in particular:
the price, including taxes;
any shipping costs;
the manner in which the agreement will be concluded and the actions required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer or the period within which the entrepreneur guarantees the stated price;
the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the standard rate for the communication method used;
whether the agreement will be archived after conclusion and, if so, how it can be accessed by the consumer;
the manner in which the consumer can check and, if desired, correct the information they have provided in connection with the agreement before concluding the agreement;
any other languages in which, in addition to Dutch, the agreement may be concluded;
the codes of conduct to which the entrepreneur has committed and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuous transaction.
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance electronically. Until receipt of this acceptance has been confirmed by the entrepreneur, the consumer may terminate the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.
Within the limits of applicable law, the entrepreneur may verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, the entrepreneur is entitled to refuse an order or request with reasons or to attach special conditions to its execution.
The entrepreneur shall provide the consumer, together with the product or service, with the following information in writing or in such a manner that it can be stored by the consumer in an accessible way on a durable medium:
the visiting address of the entrepreneur's establishment where the consumer can submit complaints;
the conditions and manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information regarding guarantees and existing after-sales service;
the information referred to in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to performance of the agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into subject to the suspensive condition of sufficient availability of the products concerned.
When purchasing products, the consumer has the right to terminate the agreement without giving any reason within 14 days. This cooling-off period begins on the day following receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to retain it. If the consumer exercises the right of withdrawal, the product shall be returned to the entrepreneur with all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. The consumer must notify the entrepreneur using the model withdrawal form or another means of communication, such as email. After notifying the entrepreneur of the intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must be able to prove that the goods were returned on time, for example by means of proof of shipment.
If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal within the periods specified in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase shall become final.
When services are provided, the consumer has the right to terminate the agreement without giving any reason for a period of at least 14 days, starting on the day the agreement is concluded.
To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or no later than upon delivery.
If the consumer exercises the right of withdrawal, the consumer shall bear no more than the costs of returning the product.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible and no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the online retailer or that conclusive proof of complete return can be provided. The refund shall be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.
If the product is damaged due to careless handling by the consumer, the consumer shall be liable for any resulting depreciation in value.
The consumer cannot be held liable for depreciation in value if the entrepreneur has not provided all legally required information regarding the right of withdrawal before concluding the purchase agreement.
The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the entrepreneur clearly states this in the offer, or at least in good time before the agreement is concluded.
Exclusion of the right of withdrawal is only possible for products:
manufactured by the entrepreneur according to the consumer's specifications;
that are clearly personal in nature;
that by their nature cannot be returned;
that can deteriorate or age rapidly;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal;
for hygiene products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
where delivery has begun with the consumer's express consent before the cooling-off period has expired;
relating to betting and lotteries.
During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence at variable prices. This link to fluctuations and the fact that any prices stated are indicative prices shall be stated in the offer.
Price increases within 3 months after conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
they result from statutory regulations or provisions; or
the consumer has the right to terminate the agreement from the day on which the price increase takes effect.
The prices stated in the offer for products or services include VAT.
All prices are subject to printing and typographical errors. No liability shall be accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obliged to supply the product at the incorrect price.
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations applicable on the date the agreement was concluded. Where agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
Any warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.
All products are covered by the statutory warranty. The duration of the statutory warranty may vary depending on the nature of the product.
Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after the defect has been discovered.
The warranty does not apply if:
the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or the instructions on the packaging;
the defect is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
The entrepreneur shall exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
The address communicated by the consumer to the company shall be regarded as the place of delivery.
Subject to the provisions of paragraph 4 of this article, the company shall execute accepted orders with due speed and no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
All delivery periods are indicative. No rights can be derived from any stated delivery periods. Exceeding a delivery period does not entitle the consumer to compensation.
In the event of termination in accordance with paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible and no later than 14 days after termination.
If delivery of an ordered product proves impossible, the entrepreneur shall make every effort to provide a replacement item. The consumer shall be informed clearly and understandably no later than upon delivery that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products shall remain with the entrepreneur until the products are delivered to the consumer or a representative previously designated by the consumer and made known to the entrepreneur, unless expressly agreed otherwise.
The consumer may terminate an agreement concluded for an indefinite period and relating to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement concluded for a fixed period and relating to the regular delivery of products (including electricity) or services at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
at any time and may not be restricted to termination at a specific time or during a specific period;
at least in the same manner as the agreement was entered into;
always with the same notice period as the entrepreneur has stipulated for itself.
An agreement concluded for a fixed period and relating to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
By way of derogation from the previous paragraph, an agreement concluded for a fixed period relating to the regular delivery of daily, weekly and other newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided that the consumer may terminate the extended agreement at the end of the extension with a notice period of no more than one month.
An agreement concluded for a fixed period relating to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and, in the case of an agreement relating to the regular but less than monthly delivery of daily, weekly and other newspapers and magazines, with a notice period of no more than three months.
An agreement of limited duration for the regular delivery of daily, weekly and other newspapers and magazines on a trial or introductory basis shall not be tacitly continued and shall automatically end after the trial or introductory period.
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6 paragraph 1 has commenced. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur shall, subject to statutory limitations, have the right to charge reasonable costs that were previously communicated to the consumer.
The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
Complaints regarding the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In the event of complaints, the consumer must first contact the entrepreneur. If the online store is affiliated with WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer may contact WebwinkelKeur, which will mediate free of charge. The consumer can check whether the online store has a current membership through the WebwinkelKeur membership list. If no solution is reached, the consumer may submit the complaint to the independent disputes committee appointed by WebwinkelKeur. Its decision is binding, and both the entrepreneur and consumer agree to this binding decision. Costs are associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. Complaints may also be submitted through the European ODR platform.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur states otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur shall, at its discretion, replace or repair the delivered products free of charge.
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law, even if the consumer resides abroad.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a manner that they can be stored by the consumer in an accessible way on a durable medium.
As of 1 January 2023, a 0% VAT rate applies to solar panels, as well as to all products and services required for the solar panel system. However, certain conditions must be met.
The 0% VAT rate applies not only to the solar panels themselves, but also to all other materials and services related to the solar panel system. The VAT rate for everything relating to batteries or battery storage is 21%, as determined by the Dutch Tax and Customs Administration. These products can only be ordered including VAT.
The 0% VAT rate only applies to a solar panel system installed "on or in the immediate vicinity of a residential property." A shed, garage or garden therefore falls under this scheme, but a camper, boat, holiday home, the roof of a commercial building or a field does not. The address where the materials are used must be registered in the Dutch land registry as having a residential function, which can be checked through the Dutch land registry website.
The Dutch Tax and Customs Administration places responsibility for determining whether goods/services qualify for the 0% VAT rate on the supplier, in this case, us. When supplying a business customer, such as an installer, we are required to apply the 21% VAT rate. The business customer can of course fully reclaim this VAT as input tax in its VAT return and can determine whether the goods/services are subsequently supplied at 0% or 21% VAT, depending on whether the system is installed "on or in the immediate vicinity of a residential property."
A homeowners' association (VvE), foundation or association may also make use of this scheme, but the system must also be installed "on or in the immediate vicinity of a residential property." A homeowners' association installing panels on an apartment building may therefore qualify for the 0% VAT rate. A foundation, company or association installing the system on an office building, commercial premises or sports facility cannot use the 0% scheme, but, if VAT-registered, may fully reclaim the 21% VAT on the purchase as input tax in its VAT return.
The customer is responsible for determining whether they qualify for the 0% VAT rate based on these rules.
When visiting our website, indicate whether you are a private or business customer. Only purchases made by private customers may qualify for the 0% VAT rate.
The system must be installed "on or in the immediate vicinity of a residential property." The address where the materials are used must be registered with the Dutch land registry with the designated use "residential function."
A business customer, association or foundation cannot make use of the 0% VAT scheme and will automatically be charged 21% VAT. This VAT can be fully reclaimed as input tax in the VAT return. A homeowners' association (VvE) may contact us to discuss the available options.
It may be tempting to simply select the private customer website and purchase solar panels at 0% VAT for your camper, boat or holiday home. Please note that if an incorrect declaration is made, all resulting costs will be recovered from the customer. It is a legal obligation to verify, archive and report every order to the Dutch Tax and Customs Administration. The fines imposed by the Dutch Tax and Customs Administration and the resulting legal costs can be substantial. Do not do this; the risks are not worth it.
For batteries installed in Belgium, a mandatory Bebat environmental contribution applies. This contribution is €2.89 per kilogram of battery weight, unless a different statutory rate applies at the time of delivery.
During the ordering process, the customer has the option to pay this Bebat contribution directly through NRG Distribution B.V. If the customer chooses not to pay the Bebat contribution through NRG Distribution B.V., the customer declares that they are fully responsible for registering and paying the applicable Bebat contribution in accordance with Belgian laws and regulations.
By declining to pay the Bebat contribution through NRG Distribution B.V., the customer fully indemnifies NRG Distribution B.V. against all liability, costs, fines, claims and obligations arising from failure to comply with the Bebat requirements, including the costs of collection, processing and recycling of the relevant battery at the end of its service life.
NRG Distribution B.V. shall in no way be held liable for any consequences arising because the customer fails to comply with the statutory Bebat obligations or fails to do so in a timely manner. Full responsibility for this rests with the customer.
