Table of Contents

Table of Contents

1

Identification – purpose – scope

3

Article 1. Identification of the Seller

3

Article 2. Applicable definitions

3

Article 3. Object

4

Article 4. Acceptance of the General Terms and Conditions of Sale

4

Article 5. Modification of the General Terms and Conditions of Sale

5

Article 6. Perfect information clause

5

Online account

5

Article 7. Account Management

5

Article 8. Changes to Features

5

Operational clauses

6

Article 9. Offer of Products offered

6

Article 10. Commands

6

Article 11. Delivery

6

Article 12. Retention of title

7

Article 13. Intellectual property

7

Article 14. Termination and contractual non-performance of the Seller

7

Transactional clauses

7

Article 15. Price

8

Article 16. Payment

8

Article 17. Retraction

9

Guarantees – liability

9

Article 18. Guarantee

9

Article 19. Responsibility

10

Article 20. Force majeure

10

Data

11

Article 21. Processing of personal data

11

Diverse

11

Article 22. General

11

Article 23. Applicable law and jurisdiction

12


Identification – purpose – scope 



• Article 1 - Identification of the Seller


1.1. Trade name: WATTUNEED
1.2. Name or company name: Solar-Tech Engineering
1.3. Registered office: Rue Henripré 12, 4821 Andrimont
1.4. Contact details:
         1.4.1. GSM:
         1.4.2. E-mail:
                    1.4.2.1 Technical assistance: technique@wattuneed.com
                    1.4.2.2 Quotation service: quotation@wattuneed.com
                    1.4.2.3 Shipping Assistance: expedition@wattuneed.com
                    1.4.2.4 Billing service: facturation@wattuneed.com
                    1.4.2.5 After-sales service: sav@wattuneed.com
                    1.4.2.6 Graphic design/web service: graphiste@wattuneed.com
1.5. Company number: n°0898.969.868
1.6. VAT number: BE0898969868



• Article 2 - Applicable definitions

2.1. For the purposes of these General Terms and Conditions of Sale, the following terms shall be understood as follows: 

         2.1.1. "Buyer": The natural or legal person who concludes a sales contract with the Seller relating to one of its Products.  This person can be a Consumer or a Company. 

         2.1.2. "Catalogue": all the Products and Services marketed by the Seller that can be found on the website oldp.wattuneed.com, with detailed descriptions.
         2.1.3. "Account": The personal interface that the Buyer can create and that he can have via the website oldp.wattuneed.com and which allows him, among other things, to access his data, to place orders and to manage his profile and his Account.
         2.1.4. "Agreement": The Agreement concluded between the Seller and the Buyer, including these General Terms and Conditions of Sale. 
         2.1.5. "Consumer": The natural person, who acts for non-professional purposes in accordance with Article I.1, 2 ° of the Code of Economic Law.
         2.1.6. "Indirect Damage": Indirect Damages are the direct consequences of direct damages and include, in particular, without this list being exhaustive, any financial or commercial damage, commercial disturbance of any kind, any increase in costs and other overheads, loss of profit, loss of brand image, any postponement or disruption in the planning of projects or activity, data loss and its consequences, ... 
         2.1.7. "Company": The natural or legal person who pursues, on a lasting basis, an economic goal, in accordance with Article I.8, 39 ° of the Code of Economic Law;
         2.1.8. "Features": the services to which Buyers with an Account have access via the oldp.wattuneed.com website;
         2.1.9. "Force majeure": In addition to the circumstances usually adopted by doctrine and the courts, the following cases are considered in particular as "force majeure": legislative and regulatory changes, fires, storms, floods, total or partial strikes including postal services and means of transport and / or communications, lockdowns, epidemics, natural disasters, terrorist acts, wars, power surges and shocks, electromagnetic shocks, thunderstorms, radiation from solar flares, failures of cooling systems and computer equipment, blockages and slowdowns of electronic communications networks, water, gas or electricity distribution, viruses and computer hacking, and more generally any fact unforeseeable for the Parties.
         2.1.10. "Party": Indifferently, one of the Parties to these General Terms and Conditions of Sale.

         2.1.11. "Products": the Products marketed by the Seller found in the Catalogue, in particular of the type:

                   2.1.11.1. solar panels; 
                   2.1.11.2. solar kits;
                   2.1.11.3. inverters and converters;
                   2.1.11.4. solar batteries; 
                   2.1.11.5. regulators and fasteners.
         2.1.12. "Service": any service (installation, maintenance, support, ...) performed by the Seller; "Seller": SOLAR-TECH ENGENEERING, better identified under Article 1 of these General Terms and Conditions of Sale.
         2.1.13. "Apparent defect": The defect that a normal check on the part of the Buyer should have allowed him to find.

2.2. Unless otherwise specified, plurals include singulars and vice versa.
2.3. Terms that are not defined shall be understood in their common sense.
2.4. Unless otherwise specified, the enumerations contained in these General Terms and Conditions of Sale are never exhaustive.


• Article 3 - Object


3.1. These General Terms and Conditions of Sale, proposed by the Seller, are intended to regulate the sale of Products and Services from the Seller to the Buyer. 


• Article 4 - Acceptance of the General Terms and Conditions of Sale 


4.1. By placing an order for a Product or Service with the Seller, the Buyer unreservedly accepts these General Terms and Conditions, of which he has been able to read beforehand. 
4.2. These General Terms and Conditions of Sale exclude, in the absence of written acceptance by the Seller, all general and/or special conditions of purchase of the Buyer. No derogation from these General Terms and Conditions of Sale will be allowed without written confirmation from the Seller. 
4.3. The placing of an order also implies that the Buyer has been able to read the Data Protection Policy.


• Article 5 - Modification of the General Terms and Conditions of Sale 


5.1. The Seller reserves the right to modify its General Terms and Conditions of Sale at any time without notice. The applicable conditions will be those in force at the time of the Buyer's order.


• Article 6 - Perfect information clause 


6.1. The Buyer acknowledges having received all relevant information concerning the Products sold by the Seller before the conclusion of the Sales Agreement. 


• Article 7 - Online Account Account Management 


7.1. The Buyer has the possibility to create an Account on the website oldp.wattuneed.com in order to view his orders and to be able to benefit from various Features. 
7.2. The Buyer is responsible for the validity and timeliness of the information provided during the creation or management of his Account. 
7.3. The Buyer is responsible for securing and maintaining the confidentiality of its Accounts, terminals, passwords and login. Therefore, the Buyer is liable for any activity carried out initially or through his Account.
7.4. The Buyer does not create more than one Account and undertakes not to create a new one if the first one has been deleted by the Seller, regardless of the reason for this deletion, without having previously asked him for authorization.
7.5. The Seller reserves the right to refuse access to the Account, to close an Account, to remove content if the Buyer holding said Account violates any applicable law or any provision of the General Terms and Conditions, including the failure to pay an invoice on the due date, or the adoption of abnormal behavior that would not adopt an Ordinarily prudent and diligent Buyer in the context of normal use of his Account and the website. If necessary, the refusal of access may relate to a particular IP address or MAC address.


• Article 8 - Changes to Features 


8.1. Given the need to develop the Features to meet the needs of the Buyers' request, the Seller continuously adapts and improves their scope. For this reason, buyer understands and agrees that the Features are subject to change. That is to say, some can be removed, modified or added, without the Buyer being able to assert any right on any of them. 

As far as possible, the Seller will inform the Buyer of the most important changes by email or via a banner displayed on the Buyer's Account.




Operational clauses



• Article 9 - Offer of Products offered


9.1. All Products and Services offered by the Seller, regardless of the medium on which they are included, are described in good faith and as faithfully as possible in the Catalogue.
9.2. Any images presented to illustrate the Products and Services offered by the Seller have no contractual value.
9.3. The Products are offered within the limits of available stocks.
9.4. The Seller may modify its offer of Products and Services at any time.
9.5. The Seller has the right to refuse to sell its Products based on the availability and sufficiency of its stocks or for any other legitimate reason. The Seller will then inform the Buyer by e-mail, the order will be automatically cancelled and no debit will be made.
9.6. Any order will only be accepted by the Seller by written confirmation thereof to the Buyer or by the actual delivery of the Products. 


• Article 10 - Orders


10.1. The Buyer who wishes to purchase a Product or An Online Service via the site must follow the online ordering process which includes an identification phase, a verification and validation phase of the Products and/or Services chosen, a payment phase under the conditions provided and a phase of confirmation of the order and payment. 
10.2. The confirmation of the order entails the acceptance of these General Terms and Conditions of Sale by the Buyer, the acknowledgment of having read them and the renunciation to avail himself of his own conditions of purchase or other conditions. 
10.3. All the data provided as well as the recorded confirmation will be proof of the transaction. The Seller will send by e-mail confirmation of the registered order which will be worth acceptance of the order.


• Article 11 - Delivery


11.1. Delivery times are always given as an indication.
11.2. In the case of items deliverable on different dates given their availability, the delivery time is based on the longest time. 
11.3. The Seller always reserves the right to split deliveries.
11.4. The Products are delivered to the Buyer at the address indicated when ordering. 
11.5. Ownership of the product(s) ordered is transferred to the Buyer upon receipt of full payment by the Seller.
11.6. No delay in delivery may give rise to the termination by the Buyer of the sales contract or the payment of damages by the Seller. This clause does not apply when the Buyer is a Consumer.


• Article 12 - Retention of title 


12.1. The Delivered Products remain the property of the Seller until full payment of the price, including default interest and any compensation. 
12.2. In the absence of payment of the price on the due date, the Seller has the right to take back the Products at the Buyer's expense; until full payment of the price of these Products, the Buyer may neither resell them nor give them as a pledge, without the prior written consent of the Seller. The Buyer undertakes to notify the Seller of any seizure made by a third party on the Products sold whose price is not paid in full. Likewise, the Buyer undertakes to immediately inform the Seller in the event that the Products delivered and unpaid are in places rented by the Buyer.


• Article 13 - Intellectual property


13.1. All elements of this site are and remain the exclusive intellectual property of the Seller. Only use for private use is allowed. Any partial or total reproduction of all or part of the elements appearing on this site is prohibited.




Transactional clauses


• Article 14 - Price


14.1. The prices displayed for the Products and Services offered by the Seller, regardless of the medium, are subject to change without notice by the Seller. 
14.2. The Products are invoiced on the basis of the prices in force at the time of validation of the order. However, the Seller reserves the unilateral right to modify the price of the Product, after placing the order, when a valid reason justifies it, such as an increase in the index or an increase in the price of raw materials. 
14.3. Unless otherwise stated, prices are denominated in euros, without delivery costs and other order processing costs (e.g. specific packaging, etc.).
14.4. Any applicable customs and import fees are always the responsibility of the Buyer. 
14.5. The price displayed for the Product or Service covers only the elements listed in the description of the Product or Service.


• Article 15 - Payment


15.1. Unless otherwise stipulated, all invoices are payable at the Seller's registered office, in cash and without discount.
15.2. Any claim relating to an invoice must be notified to the Seller without delay.
         15.2.1. In the event that the Buyer is a Company, the latter must notify the Seller of the dispute of the invoice within a maximum period of 15 days from its receipt. Otherwise, the invoice is deemed accepted by the Buyer.  

         15.2.2. In the event that the Buyer is a Consumer, the latter must notify the Seller of the dispute of the invoice within a maximum period of 60 days from its receipt. Failure to contest the invoice within the aforementioned 60-day period constitutes detailed silence within the meaning of Article 8.11 of the Civil Code.

15.3. In the event of non-payment of any invoice on the due date, the Buyer will be liable to the Seller, ipso jure and without prior notice:

         15.3.1. interest in an amount equal to the rate mentioned in Article 5 of the Act of 2 August 2002 on the fight against late payment in commercial transactions (unless the Buyer is a Consumer, in which case only the legal interest rate applies) and; 
         15.3.2. a lump sum compensation of a total amount of 15 % of the sum in principal, interest and costs with a minimum amount of EUR 75.
15.4. In the event of judicial recovery of any invoice, the Buyer shall, in addition, be liable for reasonable recovery costs, such as attorneys' fees and internal management costs that would exceed the amount of this lump sum compensation.
15.5. In the event of non-compliance by the Buyer with a single payment deadline, and this, for any reason whatsoever, all subsequent payments will be made upon confirmation of the order. In addition, the Seller reserves, in this case, the right to suspend the execution of other orders in progress until full payment of the amounts due.
15.6. The Buyer explicitly agrees to the use and receipt of electronic invoices, at the Seller's choice.


• Article 16 - Termination and contractual non-performance of the Seller


16.1. In the event of unilateral termination of a sale by the Buyer, the deposit received at the time of the order will not be refunded.
16.2. Except in cases of Force Majeure and without prejudice to Article 14.1, in the event that the Seller remains in default of performing any obligation of the Agreement causing prejudice to a Buyer who can be qualified as a Consumer, the Seller will be, after receipt of a formal notice to which it has not responded for 15 days, liable to the Buyer for compensation equal to 10% of the amount of the value excluding VAT of the sale.


• Article 17 - Retraction 


17.1. Consumer Buyers have a right of withdrawal on their purchases. The withdrawal period is 14 days from the delivery of the order. 
17.2. The returned Products must present their complete original condition (packaging, accessory, instructions ...) allowing their re-marketing in new condition and must be accompanied by a copy of the purchase invoice. Only the manipulations strictly necessary to establish the nature, characteristics and proper functioning of the Products may be carried out. In case of handling of the Products going beyond, the refund may be refused.
17.3. The refund will be made upon recovery of the Product.
17.4. The return costs will be borne by the Consumer Buyer.


Guarantees – liability 

• Article 18 - Guarantee


18.1. In the event of an apparent defect found during delivery, the Buyer is required to comply with the following instructions: 

         18.1.1. Mention on the transport voucher "PACKAGE REFUSED BECAUSE DAMAGED ITEM"
         18.1.2. Do not write "subject to unpacking", this mention has no legal value.
         18.1.3. Confirm the precise reservations relating to the receipt of the package by an e-mail addressed to info@wattuneed.com within a maximum period of 3 days following receipt of the Product.
         18.1.4. Only these 3 conditions can make the Buyer's claim valid. No claim can be taken into account if nothing is stipulated on the transport voucher.
18.2. All Products supplied to Consumer Buyers benefit from the two-year legal warranty provided for in Article 1649quater of the Civil Code.  
18.3. Professional Buyers as well as Consumer Buyers (at the end of the period of the aforementioned 2-year legal warranty), benefit from the guarantee against hidden defects. To benefit from the guarantee of hidden defects, the Buyer must provide proof of the existence of a defect affecting the use of the Product, that this defect is hidden, important and prior to the sale. Any denunciation of a hidden defect of the delivered products must be notified to the Seller within 15 days of the discovery of these defects by the Buyer or from the moment he could reasonably have discovered them. Any legal action relating to hidden defects must be brought within 30 days from the discovery of the defects by the Buyer, or from the moment he could reasonably have discovered them, or from the day of the failure of the talks for an amicable settlement. No Product may be returned to the Seller, except with the prior written consent of the Seller. Any return must be made with all the equipment delivered (cables, manuals, ...) in its original box.
18.4. The Seller's warranty is limited exclusively to either the repair or replacement of the Product affected by a defect, or the return or reduction of the invoiced price, without further compensation. 
18.5. In any case, the Seller's liability is excluded in the event of damage caused jointly by a defect in the Delivered Product and by the fault of the Buyer or a person for whom the Buyer is responsible. 


• Article 19 - Responsibility


19.1. As a rule, all obligations of the Seller are obligations of means.

19.2. The Seller declines all responsibility:

         19.2.1. in the event of Indirect Damage;
         19.2.2. in case of Force Majeure; 
         19.2.3. in the event of his gross negligence or that of one of his employees or servants; 
         19.2.4. in the event of insufficient cooperation by the Buyer in the performance of the Agreement;
         19.2.5. in the event of damage caused, in whole or in part, by the fault of the Buyer or a person for whom the Buyer is responsible;
         19.2.6. in the event of a stock shortage or unavailability of the Product;
         19.2.7. in the event of damage of any kind, bodily or material, resulting from improper use or contrary to the intended purpose of the Product or Service provided by the Seller.
19.3. The Seller declines all responsibility for compliance with the standards applicable to the Product supplied and invites the Buyer to obtain notice from a qualified technician. The special techniques used may require the use of a professional and prior authorization from local authorities.
19.4. The Seller cannot be held responsible in the event of misuse of the Products by or in the event of non-compliance with the standards in force by the Buyer.
19.5. In any event, except for bodily injury or death of the Buyer due to an act or omission of the Seller, the Seller's liability is limited to the amounts paid by the Buyer. 
19.6. In any event, the Seller's liability is limited to the ceiling of its civil liability insurance.


• Article 20 - Force majeure 


20.1. The Party invoking a case of Force Majeure shall notify the other Party as soon as possible of proof of its occurrence. The performance of its obligations will be suspended until the notification of the end of the event, it being understood that no Party may claim any compensation from the other Party.
20.2. The Parties shall make every effort to reduce the difficulties and/or damage caused. If force majeure lasts more than 60 days, the Parties will make every effort to renegotiate the subsequent performance of the sales contract. In the absence of agreement, each Party shall have the right to terminate it by notification addressed to the other Party.




Data



• Article 21 - Processing of personal data 


21.1. The Seller, SOLAR-TECH SPRL [Rue Henripré, 12 – 4821 ANDRIMONT, BCE 0898969868] has received the Buyer's personal data in connection with the offer of Products and Services that it provides to the Buyer. 
21.2. The Buyer's personal data will only be processed to the extent and for the duration necessary to safeguard the Buyer's interests. 
21.3. The Buyer may contact the Seller to exercise the following rights: a request for access to or rectification of your personal data; a request to erase this data; a request to restrict the processing of your data; an objection against the processing of this data; a request to transfer your data.
21.4. The Buyer may exercise these rights or address a complaint to the Seller at the address info@wattuneed.com. The Seller will act 21.5. at the request of the Buyer within the limits of the applicable regulations. 
If the Buyer believes that the Seller is not acting in accordance with the law, he may lodge a complaint with the Belgian Data Protection Authority.
21.6. The full Personal Data Protection Policy can be found at the following address:


Diverse

• Article 22 - General 


22.1. The nullity or inapplicability of one of the clauses of these General Terms and Conditions of Sale shall not affect the validity or enforceability of the other clauses. If necessary, the Parties undertake to replace the null or unenforceable clause with a valid clause that is the closest from an economic point of view to the null or unenforceable clause.
22.2. The fact that the Seller does not avail himself of these General Terms and Conditions of Sale at a given time, cannot be interpreted as a waiver to avail himself of them later.
22.3. Any communication or notification between Parties will be validly made by registered letter, faxed mail, e-mail with acknowledgment of receipt, for the Seller, at its registered office and for the Buyer, at its registered office or domicile.
22.4. Unless otherwise expressly stated in writing, these General Terms and Conditions of Sale are strictly applicable to govern all relations between the Seller and the Buyer.
22.5. Each of the Parties undertakes to execute these General Terms and Conditions of Sale in good faith. 


• Article 22 - Applicable law and jurisdiction 


23.1. The Parties exclude the application of the Vienna Convention on the International Sale of Goods.
23.2. The Parties shall always attempt to resolve each dispute arising from the interpretation or execution of the Convention through negotiation. If necessary, a mediation meeting may be organized at the request of one of the Parties in the presence of an approved commercial mediator chosen by mutual agreement. However, this is not a mandatory prerequisite before any legal proceedings.
23.3. These General Terms and Conditions of Sale are governed by Belgian law, even in the event of a warranty claim.
23.4. Any dispute relating to the formation, execution, interpretation of these general conditions of sale as well as any agreements to which they apply and which cannot be resolved amicably, is subject to the exclusive jurisdiction of the courts of Liège, unless the Buyer is a Consumer, in which case, the dispute is subject, at the choice of the applicant, the jurisdiction of the courts designated by Article 624, 1°, 2° or 4° of the Judicial Code.