General Consumer Terms and Conditions

General Consumer Terms and Conditions of Sunredheaters.eu (part of OutTrade B.V.)

Table of Contents

Article 1 – Definitions
Article 2 – Identity of the Entrepreneur
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Execution
Article 12 – Duration Transactions: Duration, Termination, and Renewal
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

1. Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
2. Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
3. Day: Calendar day.
4. Duration transaction: A distance contract concerning a series of products and/or services, where the delivery and/or purchase obligation is spread over time.
5. Durable data carrier: Any medium that allows the consumer or entrepreneur to store information addressed to them in a way that enables future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period.
7. Model withdrawal form: The model form for withdrawal that the entrepreneur provides, which a consumer can complete when they wish to exercise their right of withdrawal.
8. Entrepreneur: The natural or legal person who offers products and/or services to consumers remotely.
9. Distance contract: A contract concluded within the framework of an organized system for the distance sale of products and/or services by the entrepreneur, whereby only one or more means of remote communication are used up to and including the conclusion of the contract.
10. Means of remote communication: Any means that can be used for the conclusion of a contract without the consumer and the entrepreneur being physically present in the same location simultaneously.
11. General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company name: OutTrade BV
Trading under the names:

• Sunred Heaters
• Sunred
• Sunred Heat Systems

Business Address:
Meeleweg 76
7711EP Nieuwleusen
Netherlands

Phone number: (052) 948-2808
Email address: Lotte@sunred.eu
Chamber of Commerce (KvK) number: 50095455
VAT number: NL822539007B1

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed and that they will be sent to the consumer free of charge upon request.
3. If the distance contract is concluded electronically, the text of these general terms and conditions may be provided electronically in a way that allows the consumer to easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or by other means free of charge upon request.
4. In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly. In case of conflicting terms, the consumer may always invoke the most favorable provision.
5. If any provision in these general terms and conditions is wholly or partially void or annulled at any time, the agreement and these conditions remain in effect for the rest. The relevant provision will be replaced in mutual consultation by a provision that best reflects the intent of the original provision.
6. Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions should be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 – The Offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
3. The offer includes a complete and accurate description of the offered products and/or services. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these will be a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or contract termination.
5. Images accompanying products are a truthful representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
6. Each offer contains such information that it is clear to the consumer what their rights and obligations are when accepting the offer. This particularly concerns:
   • The price, including taxes.
   • Any shipping costs.
   • The method of concluding the contract and the necessary steps.
   • Whether or not the right of withdrawal applies.
   • The method of payment, delivery, and execution of the contract.
   • The acceptance period of the offer, or the period within which the entrepreneur guarantees the price.
   • The cost of remote communication if calculated differently from the standard base rate for the used communication medium.
   • Whether the contract will be archived after its conclusion and, if so, how the consumer can access it.
   • How the consumer can check and correct the provided information before concluding the contract.
   • Any other languages in which the contract can be concluded, in addition to Dutch.
   • The codes of conduct the entrepreneur adheres to and how the consumer can electronically access them.
   • The minimum duration of the distance contract in the case of a duration transaction.

Article 5 – The Agreement

1. The agreement is concluded at the moment the consumer accepts the offer and meets the specified conditions, subject to paragraph 4.
2. If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed the acceptance, the consumer may dissolve the contract.
3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may investigate within legal frameworks whether the consumer can fulfill their payment obligations, as well as all other relevant factors for responsibly entering into the contract. If the entrepreneur has valid reasons not to enter into the contract based on this investigation, they are entitled to refuse an order or attach special conditions to its execution.
5. The entrepreneur will include the following information with the product or service, in writing or in a way that the consumer can store it on a durable data carrier:
   • The business address for complaints.
   • The conditions and method for exercising the right of withdrawal or a clear statement if the right of withdrawal is excluded.
   • Information on warranties and after-sales service.
   • The details mentioned in Article 4(3), unless they were already provided before the contract was concluded.
   • The requirements for terminating the contract if it lasts more than one year or is indefinite.

Article 6 – Right of Withdrawal

For the delivery of products:

1. When purchasing products, the consumer has the right to cancel the agreement without giving any reason within 14 days. This cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer, which has been notified to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If the consumer exercises their right of withdrawal, they must return the product, along with all delivered accessories and, if reasonably possible, in its original condition and packaging, to the entrepreneur in accordance with the clear and reasonable instructions provided by the entrepreneur.
3. If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. The notification must be made via the contact form in the FAQ section or by another communication method such as by phone. Once the consumer has indicated their intention to exercise the right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the product was returned on time, such as a proof of shipment.
4. If the consumer does not inform the entrepreneur within the periods mentioned in paragraphs 2 and 3 or does not return the product, the sale is final.

For the delivery of services:

1. When services are provided, the consumer has the right to cancel the agreement without giving any reason for at least 14 days, starting from the day the agreement is concluded.
2. To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the time of delivery.

Article 7 – Costs in the event of withdrawal

1. If the consumer exercises their right of withdrawal, they will only be responsible for the return shipping costs.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has been returned or evidence of its return has been provided. The refund will be made using the same payment method used by the consumer, unless the consumer explicitly agrees to a different payment method.
3. If the product is damaged due to careless handling by the consumer, the consumer is responsible for any depreciation of the product.
4. The consumer will not be held liable for depreciation of the product if the entrepreneur has failed to provide all legally required information regarding the right of withdrawal before the conclusion of the purchase agreement.

Article 8 – Exclusion of the right of withdrawal

1. The entrepreneur may exclude the consumer’s right of withdrawal for products described in paragraph 2. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the agreement is concluded.
2. The right of withdrawal is excluded for the following products:
   • Made to consumer specifications;
   • Clearly personal items;
   • Items that cannot be returned due to their nature;
   • Items that spoil or age quickly;
   • Products whose price is linked to fluctuations in the financial market which the entrepreneur cannot influence;
   • Newspapers, magazines, or periodicals;
   • Audio and video recordings and computer software where the seal has been broken by the consumer;
   • Hygiene products where the seal has been broken by the consumer.

Article 9 – Price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. However, the entrepreneur may offer products or services that are subject to fluctuations in the financial market, which the entrepreneur cannot influence, at variable prices. This linkage to fluctuations and the fact that the prices mentioned are indicative will be stated in the offer.
3. Price increases within 3 months after the agreement has been concluded are only allowed if they are the result of legal regulations or provisions.
4. Price increases more than 3 months after the agreement has been concluded are only allowed if the entrepreneur has agreed to this, and:
   • They are the result of legal regulations or provisions; or
   • The consumer has the right to cancel the agreement when the price increase takes effect.
5. The prices for products or services mentioned in the offer include VAT.
6. All prices are subject to printing and typographical errors. The entrepreneur is not liable for the consequences of printing and typographical errors. In the case of such errors, the entrepreneur is not required to deliver the product at the incorrect price.

Article 10 – Conformity and warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the applicable laws and regulations at the time the agreement was concluded. If agreed upon, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing or by phone within 2 months after the defect is discovered.
4. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the product’s suitability for any individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The warranty does not apply if:
   • The consumer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by third parties;
   • The delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the entrepreneur’s instructions and/or packaging.

Article 11 – Delivery and execution

1. The entrepreneur will take the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address provided by the consumer to the entrepreneur.
3. Subject to the provisions in paragraph 4 of this article, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless the consumer agrees to a longer delivery period. If delivery is delayed, or if an order cannot be fully or partially executed, the consumer will be notified within 30 days after placing the order. In such cases, the consumer has the right to cancel the agreement without charge. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any indicated delivery times. Exceeding a time limit does not entitle the consumer to compensation.
5. In case of cancellation under paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the cancellation.
6. If the delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be clearly communicated that a replacement item is being provided. For replacement items, the right of withdrawal cannot be excluded. Any return shipping costs will be at the entrepreneur’s expense.
7. The risk of damage and/or loss of products lies with the entrepreneur until delivery to the consumer or a representative designated by the consumer, unless otherwise agreed upon.

Article 12 – Duration of contracts: duration, termination, and renewal

Termination

1. The consumer may terminate an agreement concluded for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed-upon termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement concluded for a definite period, which involves the regular delivery of products (including electricity) or services, at any time before the end of the specified duration, subject to the agreed-upon termination rules and a notice period of no more than one month.
3. The consumer may terminate the agreements mentioned in the previous paragraphs:
   • At any time and is not limited to termination at a specific time or within a specific period;
   • At least in the same manner as they were concluded;
   • Always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal 4. An agreement concluded for a definite period, involving the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specific duration. 5. However, an agreement concluded for a definite period, involving the regular delivery of daily, weekly, or periodical newspapers and magazines, may be tacitly extended for a period of up to three months, provided the consumer can cancel the extended agreement at the end of the extension with a notice period of no more than one month. 6. An agreement concluded for a definite period, involving the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may cancel the agreement at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement involves the regular delivery of daily, weekly, or periodical newspapers and magazines less than once per month. 7. An agreement with a limited duration, providing for the regular delivery of newspapers and magazines as a trial or introductory subscription, will not be tacitly continued and will automatically end after the trial or introductory period.

Duration 8. 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 fairness and reasonableness prevent termination before the agreed duration ends.

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after the cooling-off period as mentioned in Article 6(1). In the case of an agreement for a service, this period starts after the consumer has received the confirmation of the agreement.
2. The consumer is obligated to immediately notify the entrepreneur of any inaccuracies in the provided or stated payment details.
3. In the event of non-payment by the consumer, the entrepreneur has the right to charge reasonable costs as communicated to the consumer, subject to legal limitations.

Article 14 – Complaint procedure

1. The entrepreneur has a sufficiently disclosed complaints procedure and will handle the complaint in accordance with this procedure.
2. Complaints about the execution of the agreement must be fully and clearly submitted to the entrepreneur within 2 months after the consumer has discovered the defect.
3. Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a longer processing time, the entrepreneur will acknowledge receipt within 14 days and inform the consumer when a more detailed response can be expected.
4. If the complaint cannot be resolved by mutual agreement, it will result in a dispute subject to the dispute resolution procedure.
5. In case of complaints, the consumer should first approach the entrepreneur. Complaints can also be submitted via the European ODR platform. The web store is not currently affiliated with a dispute resolution body.
6. A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified, the entrepreneur will either replace or repair the delivered products at no cost, at their discretion.

Article 15 – Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these terms and conditions apply, even if the consumer resides abroad.
2. The UN Convention on Contracts for the International Sale of Goods does not apply.

Article 16 – Additional or deviating provisions

Any 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 way that the consumer can store them on a durable data carrier.