Terms and Conditions

Terms and Conditions Zennergy

Table of contents:

Article 1 - Definitions

Article 2 - Identity of the enterprise

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of revocation

Article 7 - Obligations of the consumer during the reflection period

Article 8 - Exercise of the right of revocation by the consumer and the costs thereof

Article 9 - Obligations of the enterprise in case of revocation

Article 10 - Exclusion of right of revocation

Article 11 - The price

Article 12 - Compliance and additional warranty

Article 13 - Delivery and implementation

Article 14 - Continuing performance transactions: duration, cancellation, and extension

Article 15 - Payment

Article 16 - Complaints mechanism

Article 17 - Disputes

Article 18 - Liability

Article 19 - Additional or deviating provisions

Article 1 - Definitions

In these conditions, the following concepts are defined as:

Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these matters, digital content and/or services are delivered by the enterprise or by a third party on the basis of an arrangement between that third party and the enterprise;
Reflection period: the term within which the consumer can exercise his right of revocation;
Consumer: the natural person not acting for purposes that are related to his trading, business, artisanal, or professional activity;
Day: calendar day;
Digital content: data manufactured and delivered in digital form;
Continuing performance agreement: an agreement that stipulates the regular delivery of matters, services and/or digital content during a certain period;
Durable data carrier: any tools - also including e-mail - that enables the consumer of Zennergy to store information that is directed at him personally in a manner that enables the future consultation or use during a period that is adapted to the purpose that the information is intended for, as well as the unaltered reproduction of the stored information;
Right of revocation: the option of the consumer to withdraw from the distance agreement within the reflection period;
Zennergy: the trade name of VIMCON B.V., which legal entity offers products at a distance to consumers;
Distance agreement: an agreement that is concluded between Zennergy and the consumer in the context of an organised system for sales at a distance of products, digital content and/or services, whereby through conclusion of the agreement exclusive use is made or use is made as well of one or more techniques for communication at a distance;
Model form for revocation: the European model form included in Appendix I of these conditions intended for revocation. Appendix I does not have to be provided if the consumer does not have the right of revocation in the matter of his order;
Technique for communication at a distance: means that can be used for the conclusion of an agreement, without consumer and Zennergy needing to have simultaneously convened in the same space.

Article 2 - Identity of the enterprise

VIMCON B.V., acting under the trade name Zennergy

Wim Duisenbergplantsoen 31, 6221SE Maastricht

E-mail address: info@zennergy.eu

Chamber of Commerce number: 80054919

VAT ID number: NL861541546B01

Article 3 - Applicability

These terms and conditions are applicable to every offer of Zennergy and to any distance agreement concluded between Zennergy and consumer.
Before the distance agreement is concluded, the text of these terms and conditions is provided to the consumer. If this is not reasonably possible, before the distance agreement is concluded, Zennergy will indicate in what manner the terms and conditions can be consulted at Zennergy and that upon request of the consumer will be forwarded as soon as possible free of charge.
If the distance agreement is concluded electronically, in derogation to the previous section and before the distance agreement is concluded, the text of these terms and conditions will be provided to the consumer through electronic channels in such a manner that they can be stored in a simple manner by the consumer on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded it will be indicated where the terms and conditions can be consulted through electronic channels and that upon request of the consumer they can be forwarded through electronic channels or in another manner free of charges.
In the event that besides these terms and conditions, specific product or service conditions are also applicable, the second and third section are correspondingly applicable and in case of contradictory conditions the consumer can always appeal to the applicable provision that is most convenient for him.

Article 4 - The offer

If an offer has a limited term of validity or occurs under conditions, this is expressly stated in the offer.
The offer contains a complete and precise description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the proper assessment of the offer by the consumer. If Zennergy makes use of pictures, these are a faithful representation of the products, services and/or digital content offered. Apparent mistakes or apparent errors in the offer do not bind the enterprise.
Every offer contains such information that it is clear for the consumer that the rights and obligations are that are associated with the acceptance of the offer.

Article 5 - The agreement

The agreement is adopted, subject to what is established in section 4, at the moment of acceptance by the consumer of the offer and of compliance with the conditions thereby established.
If the consumer has accepted the offer through electronic channels, Zennergy forthwith confirms through electronic channels the receipt of the acceptance of the offer. For as long as the receipt of this acceptance has not been confirmed by Zennergy, the consumer can rescind the agreement.
If the agreement is adopted electronically, Zennergy takes appropriate technical and organisational measures to secure the electronic transfer of data and he will procure a safe web environment. If the consumer can pay electronically, Zennergy will thereby observe appropriate safety measures.
The enterprise can within the legal framework inform whether the consumer is able to fulfil his payment obligations, as well as of all such facts and factors that are relevant for the responsible entry into the distance agreement. If Zennergy has legitimate grounds based on this investigation not to enter into the agreement, they have the right to reject an order or application in a motivated fashion, or to subject the implementation to special conditions.
Zennergy will, at the latest upon the delivery of the product, the service or digital content send along the following information, in writing or in such a manner that it can be stored by the consumer in an accessible manner on a durable data carrier:
the visiting address of the branch of Zennergy that the consumer can refer to with complaints;
the conditions on and the manner in which the consumer can exercise the right of revocation, or a clear notification regarding the right of revocation being excluded;
the information about guarantees and service existing after purchase;
the price including all taxes on the product, service or digital content; to the extent applicable the costs of delivery; and the manner of payment, delivery, or implementation of the distance agreement;
the requirements for cancellation of the agreement if the agreement has a duration of more than one year or is for an indefinite time;
if the consumer has the right of revocation, the model form for revocation.
In case of a continuing performance transaction, the provision in the previous section is only applicable to the first delivery.

Article 6 - Right of revocation

For products:

The consumer can rescind an agreement with regard to the purchase of a product during a reflection period of at least 14 days without stating reasons. Zennergy may ask the consumer about the reason for revocation, but may not oblige him to state his reason(s).
The reflection period indicated in section 1 enters into effect on the day after the consumer, or a third party designated beforehand by the consumer that is not the forwarder, has received the product, or:
if the consumer has ordered multiple products on one and the same order: the day on which the consumer, or a third party designated by him, has received the last product. Zennergy may, on condition they have accordingly informed the consumer prior to the order process in a clear manner, reject an order for multiple products with varying delivery times.
if the delivery of a product consists of multiple shipments or components: the day on which the consumer, or a third party designated by him, the last shipment or the last component;
in case of agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

In case of services and digital content that was not delivered on a material carrier:

The consumer can rescind a services agreement and an agreement for the delivery of digital content that was not delivered on a material carrier during a minimum of 14 days without stating reasons. Zennergy may ask the consumer for the reason of revocation, but cannot oblige him to state his reason(s).
The reflection period indicated in section 3 enters into effect on the day following the conclusion of the agreement.

Extended reflection period for products, services, and digital content that were not delivered on a material carrier in case of the non-notification regarding the right of revocation:

If the enterprise has not provided the consumer with the legally obligatory information about the right of revocation or the model form for revocation, the reflection period ends twelve months after the end of the original reflection period that was established in correspondence with the previous sections of this article.
If Zennergy has provided the information intended in the previous section to the consumer within twelve months after the effective date of the original reflection time, the reflection time expires 14 days after the day on which the consumer has received that information.

Article 7 - Obligations of the consumer during the reflection period

During the reflection period, the consumer will handle the product and the packaging with care. He will only unwrap or use the product to the degree required to determine the nature, the characteristics, and the functioning of the product. The principle thereby is that the consumer may only handle and inspect the product in the manner he would be allowed to do at a store.
The consumer is only liable for the reduction of value of the product that is the result of a manner of handling the product that goes beyond what is permitted in section 1.
The consumer is not liable for the reduction of value of the product if Zennergy has not provided him, before or upon conclusion of the agreement, with all legally obligatory information about the right of revocation.

Article 8 - Exercise of the right of revocation by the consumer and the costs thereof

If the consumer exercises his right of revocation, he reports this within the reflection period by way of the model form for revocation or in another unambiguous manner to Zennergy.
As soon as possible, though within 14 days from the day following the notification intended in section 1, the consumer sends back the product, or hands it over to an (authorised representative of) Zennergy. This is not necessary if Zennergy has offered to pick up the product themselves. The consumer has observed the term for returns in any event if he sends back the product before the reflection period has expired.
The consumer send back the product with all enclosed accessories, if reasonably possible in its original state and packaging, and in conformity with the reasonable and clear instructions provided by Zennergy.
The risk and the burden of proof for the correct and timely exercise of the right of revocation lies with the consumer.
The consumer bears the direct costs of sending back the product. If Zennergy has not reported that the consumer must sustain these costs or if Zennergy indicates they will bear the costs themselves, the consumer does not have to bear the costs of the return shipment.
If the consumer revokes after first having expressly requested that the conducting of the service commences during the reflection period, the consumer owes the enterprise an amount that is proportional to that part of the undertaking that was complied with by the enterprise at the time of revocation, as compared to full compliance with the undertaking.
The consumer does not bear any costs for the implementation of services if:
the enterprise has not provided the consumer with the legally obligatory information about the right of revocation, the compensation of costs in case of revocation or the model form for revocation, or;
the consumer has not expressly requested for the start of the implementation of the service during the reflection period.
The consumer does not bear any costs for the full or partial delivery of digital content not delivered on a material carrier, if:
prior to the delivery thereof he has not expressly agreed to the start of compliance with the agreement before the end of the reflection period;
he has not acknowledged to lose his right of revocation upon the granting of his permission; or
Zennergy has failed to confirm this statement of the consumer.
If the consumer exercises his right of revocation, all additional agreements are legally rescinded.

Article 9 - Obligations of the enterprise in case of revocation

If Zennergy enables the notification of revocation by the consumer in an electronic manner, he sends a confirmation of receipt immediately after receipt of this notification.
Zennergy refunds all payments of the consumer, including any possible delivery costs billed by the enterprise for the returned product, without delay though within 14 days following the day on which the consumer reports the revocation to them. Unless Zennergy offers to pick up the product themselves, he may wait with refunding until he has received the product or the consumer demonstrated that he has sent the product back, depending on what occurs earlier.
To make a refund, Zennergy uses the same means of payment that the consumer has used, unless the consumer agrees with a different method. The refund is free of charges for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest, standard one, Zennergy does not have to refund the costs for the more expensive method.

Article 10 - Exclusion of right of revocation

The enterprise can exclude the following products and services from the right of revocation, but only if Zennergy has stated this clearly in the offer, or at least timely before the conclusion of the agreement:

Products or services the price of which is bound by fluctuations in the financial market that Zennergy does not exert any influence on and that may occur within the revocation period;
Service agreements, following full implementation of the service, but only if:
the implementation has started with the express prior consent of the consumer; and
the consumer has stated that he forfeits his right of revocation as soon as Zennergy has fully carried out the agreement;
Products manufactured according to specifications of the consumer that were not prefabricated and that are made based on an individual choice or decision of the consumer, or that are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that for reasons of health protection or hygiene are not suitable to be sent back and the sealing of which was broken after delivery;
Products that due to their nature were irrevocably mixed with other products after delivery;
The delivery of digital content otherwise than on a material carrier, but only if:
the implementation has started with the express prior consent of the consumer; and
the consumer has stated that he thereby forfeits his right of revocation.

Article 11 - The price

During the term of validity indicated in the offer, the prices of the products and/or services offered are not increased, barring price changes as a result of changes to VAT rates.
In derogation to the previous section, Zennergy can offer products or services whose prices are bound by fluctuations on the financial market and that Zennergy does not exert any influence on, at variable prices. The fact of being bound by fluctuations and the fact that such prices as may be listed are target prices is indicated in the offer.
Price increases within 3 months after adoption of the agreement are only permitted if they are the consequence of legal arrangements or provisions.
Price increases as from 3 months after adoption of the agreement are only permitted if Zennergy has stipulated this and:
they are the result of legal arrangements or provisions; or
the consumer has the authority to cancel the agreement with effect as from the day on which the price increase becomes effective.
The prices listed in the offer of products or services are inclusive of VAT.

Article 12 - Compliance agreement and additional warranty

Zennergy guarantees that the products and/or services are compliant with the agreement, the specifications indicated in the offer, with the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of adoption of the agreement. If so established, Zennergy also guarantees that the product is suitable for use that is different than the normal one.
An additional warranty provided by Zennergy, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can bring to bear on grounds of the agreement vis-a-vis Zennergy if the enterprise has fallen short in complying with their part of the agreement.
Additional warranty is defined as any undertaking of Zennergy, their supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in case they have fallen short in complying with their part of the agreement.

Article 13 - Delivery and implementation

Zennergy will observe the greatest possible diligence upon the receipt and upon the implementation of orders of products and when assessing applications for the provision of services.
The place of delivery is defined as the address that the consumer has communicated to Zennergy.
With due observance of what is stated regarding in article 4 of these terms and conditions, Zennergy will carry out accepted orders with due speed, though no later than within 30 days, unless a different delivery term was established. If delivery encounters delays, or if an order cannot or can only partially be carried out, the consumer receives notice thereof no later than 30 days after he has placed the order. The consumer has the right in such case to rescind the agreement without charges and is entitled to a possible compensation of damages.
Following rescission in conformity with the previous section, the enterprise will refund the amount that the consumer has paid without delay.
The risk of the damaging and/or going missing of products lies with Zennergy until the moment of delivery to the consumer or to a representative designated beforehand and announced to Zennergy, unless expressly established otherwise.

Article 14 - Continuing performance transactions: duration, cancellation, and extension

Notice:

The consumer can cancel an agreement that was adopted for an indefinite time and that stipulates the regular delivery of products or services at all times, with due regard for the rules for cancellation established to such effect and for a notice period of a maximum of one month.
The consumer can cancel an agreement that was adopted for a fixed term and that stipulates the regular delivery of products or services at all times against the end of the fixed term with due regard for the rules for cancellation established to such effect and for a notice period of a maximum of one month.
The agreements referred to in the previous sections, the consumer can:

- cancel them at all times and not be restricted to cancel at a certain time or in a certain period;

- cancel at least in the same manner as they were entered into by him;

- always cancel with the same notice period as the enterprise has stipulated for itself.

Extension:

An agreement that was adopted for a fixed term and that stipulates the regular delivery of products or services may not be tacitly extended or renewed by a fixed duration.
An agreement that was adopted for a fixed term and that stipulates the regular delivery of products or services may only be tacitly extended by an indefinite time if the consumer may cancel at all times with a notice period of a maximum of one month.

Duration:

If an agreement has a duration of more than one year, after one year the consumer may cancel the agreement at all times with a notice period of a maximum of one month, unless reason and fairness oppose cancellation before the end of the established duration.

Article 15 - Payment

To the extent not established otherwise in the agreement or additional conditions, the amounts owed by the consumer must be settled within 14 days after entry into effect of the reflection period or, in the absence of a reflection period, within 14 days after conclusion of the agreement. In case of an agreement for the provision of a service, this term commences on the day after the consumer has received the confirmation of the agreement.
Upon the sale of products to consumers, the consumer may never be obliged in terms and conditions to pay in advance an amount exceeding 50%. In case payment in advance has been stipulated, the consumer cannot bring to bear any right regarding the implementation of the relevant order or service(s) before the advance payment stipulated has taken place.
The consumer is under the obligation to forthwith report inaccuracies in payment information provided or stated to Zennergy.
If the consumer does not comply with his payment obligation(s) in a timely manner, he owes, after he has been notified by the enterprise regarding the late payment and Zennergy has granted the consumer a 14-day term to still fulfil his payment obligations, following the failure of payment to occur within this 14-day term, the statutory interest on the amount still owed, and Zennergy has the right to bill the extra-judicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the next € 5,000, with a minimum of € 40. Zennergy can deviate from the amounts and percentages listed to the advantage of the consumer.

Article 16 - Complaints mechanism

Complaints about the implementation of the agreement must be submitted to Zennergy within a reasonable period after the consumer has identified the defects, including a full and clear description.
Complaints submitted to Zennergy are answered within a 14-day term counted from the date of receipt. If a complaint requires a foreseeably longer processing time, within the 14-day term a response is provided by Zennergy indicating a message of receipt and an indication when the consumer can expect a more elaborate answer.
The consumer must in any event grant Zennergy 4 weeks' time to resolve the complaint in mutual consultation. After this term, a dispute arises that is eligible for the disputes mechanism.

Article 17 - Disputes

To agreements between Zennergy and the consumer that these terms and conditions are in regard to, Dutch Law is exclusively applicable.
The applicability of the Vienna Commercial Treaty ‘Convention of the International Sale of Goods 1980’ is expressly excluded.
If and to the extent any part or any provision of these terms and conditions were to turn out to be in conflict with any mandatory provisions of national or international legislation, it will be deemed not established and these terms and conditions will continue otherwise to bind parties.
If a dispute is submitted to a judicial institution, the court of law 'Rechtbank Limburg', Location Maastricht, is exclusively competent to judge on the dispute. Zennergy reserves itself the right in such case as may occur to submit the dispute to the court of law of the place of establishment of the consumer.

Article 18 - Liability

Zennergy is only liable for direct damage that is the result of a shortcoming that can be attributed to them or that falls to their risk and for persons that were appointed by them for the implementation of the activities that were ordered by consumer. Zennergy is not liable for indirect or consequential damage.
With due regard for what is established in this article, Zennergy is liable for damage that has occurred through/upon implementation of the agreement up to a maximum of the amount that is disbursed by the liability insurer of Zennergy in the matter, barring the wilful intent or gross fault of Zennergy.

Article 19 - Additional or deviating provisions

Additional provisions or provisions deviating from these terms and conditions may not be to the disadvantage of the consumer and must be recorded in writing or in such a manner that they can be saved in an accessible manner by the consumer on a durable data carrier.

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