Terms and conditions

Prior declaration regarding the right of withdrawal

To exercise this legal right of withdrawal for consumers, the consumer must inform EARTH BV of their decision using a clear, unambiguous statement. The consumer may use the enclosed model withdrawal form for this purpose. If the customer is a natural person acting for purposes outside their  professional or commercial activities, the customer is a consumer.

Article 1: Scope

1. The present General Terms and Conditions apply, to the exclusion of all others, to the relationship between the customer and EARTH BV (having its registered office at Kortrijksesteenweg 387, 8530 Harelbeke, VAT No. BE0680.547.149, Ghent Register of Legal Entities, Kortrijk Division, email: info@earth.be, tel.: +32 (0)56 98 05 10). These Terms and Conditions form an integral part of any (contracting) agreement (installation of solar panels, charging stations, home storage batteries, etc.) and apply to all quotes, orders and deliveries. By placing an order, the customer declares to have read and understood the content of these Terms and Conditions and accepts them in full.

Article 2: Quotes and orders

2.1 - All offers published by EARTH (on its website, in newsletters, leaflets and other publicity announcements) are for information purposes and at no obligation. EARTH may not be bound to offers that the customer can reasonably assume to contain an obvious mistake or administrative error. Quotes and the prices stated therein are always subject to sufficient stock being available.

2.2 - The quantities of materials required shall be listed in the quote based on an initial (automated) estimate using the parameters set by the customer. If it subsequently transpires that greater or lesser quantities of materials are required, this shall be settled according to actual use. Each quote is subject to a subsequent technical design that can only be drawn up after a technical site inspection by an approved installer. The customer shall make a best effort to cooperate and shall provide faithful insights upon first request. The final dimensions of the solar panel installation may therefore differ from the quote. If, during or after the technical site inspection, EARTH and/or the installer appointed by EARTH come to the conclusion that the system cannot be installed for any technical reason (force majeure), EARTH may terminate the agreement free of charge.

2.3 - Quotes are valid for a period of fifteen (15) calendar days from the date on which the quote is drawn up. Once this period has lapsed, the quote shall need to be confirmed again in order to be valid.

Article 3: Agreement

3.1 - Within the validity period indicated on the quote, the agreement shall take effect on the day on which the agreement is signed by the customer and under the condition precedent of written acceptance by EARTH and of the customer proving sufficiently creditworthy. EARTH may ask the customer to provide additional securities. Pursuant to the Belgian Code of Economic Law, Book 4, Article 47, the consumer has a period of fourteen (14) calendar days to withdraw from the distance agreement, without having to provide a reason. Pursuant to the Belgian Code of Economic Law, Book 4, Article 67, the consumer has a period of fourteen (14) calendar days to withdraw from the off-premises agreement, without having to provide a reason.

3.2 - In the event that the customer cancels the order or in the event of termination due to a serious breach of contract by the customer, the customer shall owe a lump-sum termination fee of 30% of the amount of the order. In the event that EARTH cancels the order, except due to a valid reason (such as the customer proves insufficiently creditworthy, the presence of asbestos, or if the system cannot be installed (to an optimal standard) for any technical reason), EARTH shall owe lump-sum compensation of 30% of the amount of the order. In the event of cancellation due to force majeure, neither the customer nor EARTH shall be liable for any compensation.

3.3 - EARTH may only carry out the technical site inspection once the customer has provided all the documentation required and paid the predetermined advance. Upon non-payment of the advance, EARTH may suspend the installation for an indefinite period, without prejudice to the right to terminate the agreement to the detriment of the customer.

3.4 - EARTH may not be held liable for any orders that involve administrative permits being obtained. Any damage and fines incurred in this regard shall be borne by the customer in full. The customer shall indemnify EARTH in full.

3.5 - Pursuant to the legal provisions regarding the execution of the obligation to accept end-of-life photovoltaic solar panels and batteries, EARTH shall charge an environmental contribution as a separate item on the invoice, as set out by law, on products that fall under the scope of the legislation on the acceptance obligation. The usual discounts, whether or not they are stated in these General Terms and Conditions of Sale, are not applicable to said environmental contributions set out by law.

3.6 - The customer acknowledges that they have been informed that the building must be without power (on a temporary basis) for the electrical connection of the installation. In addition, the customer acknowledges that they have been informed that every photovoltaic installation must be presented for inspection by a recognised inspection body before the solar panels can be connected to the electricity grid and/or turned on. Such an inspection must be carried out pursuant to the Belgian General Regulations for Electrical Installations (AREI). If the customer commissions the photovoltaic installation themselves and/or turns the installation on before it is approved by a recognised inspection body, the customer shall bear the full responsibility and risk. EARTH shall assist the customer at no obligation in registering the photovoltaic installation with the grid operator within forty-five (45) calendar days of the AREI inspection, without assuming final responsibility from the customer. The customer is obliged to notify the insurance company providing their fire insurance policy of the new photovoltaic system. The installation of a photovoltaic system may lead to the insurer amending their risk assessment. As such, the customer must inform the insurance company of the extension to the insured object in writing and in a timely manner.

3.7 - The customer guarantees to EARTH the suitability of its roof structure and supporting structure, as well as the absence of asbestos (if in any doubt, the customer shall have a lab analysis carried out at its expense). The customer also guarantees that its electrical installation fulfils the current legal requirements.   EARTH reserves the right to terminate the agreement free of charge if one or more of the points mentioned above prove to be unsuitable or non-compliant. EARTH shall not be liable for the current general fuse boards, cabling or earthing. If the installation is rejected for this reason, a new inspection shall be at the customer’s expense. The customer acknowledges that they have been informed that modifications to the electrical installation are subject to an inspection by a recognised inspection body. The responsibility for this inspection shall rest with the customer.

Article 4: Delivery and installation

4.1 - Delivery deadlines are purely indicative in nature and are non-binding. Under no circumstances may delays in delivery lead to the customer being conferred any right to claim compensation, nor to a right to terminate the agreement. In any case, delivery deadlines shall be suspended in the case of non-payment, force majeure, bad weather or technical objections around the building from the customer itself (such as the customer carrying out the necessary drilling works within the building to complete the connections between the solar panels, inverter and the electrical installation). In any event, a claim may only be filed by the customer after a written notice of default from EARTH, after which EARTH shall be granted a reasonable deadline to fulfil its commitments.

4.2 - The customer guarantees to EARTH and the contractor appointed by EARTH free, smooth and unencumbered access to the site during normal working hours. It cannot be guaranteed that the installation (AC and DC) shall be completed on one and the same day. Any inconveniences caused to the customer arising from the installation works may not be recovered from EARTH under any circumstances. The customer shall provide sufficient parking spaces and traffic signage if necessary. If no or insufficient access is granted, the costs for unnecessary travel and/or long waiting times shall be charged to the customer. Despite the fact that the installation is installed with due care, it is always possible that one or more roof tiles may break during the work activities. The customer should therefore make sure that sufficient replacement roof tiles are available.

4.3 - The costs of delivery and transport, irrespective of their nature, shall always be at the customer’s expense. Unless otherwise agreed in writing, the risk of the goods shall transfer to the customer upon delivery. The product shall be installed at the rates stated in the quote by a recognised, qualified contractor appointed by EARTH. Any additional works or amendments at a later date carried out by the contractor shall be invoiced to the customer at the applicable rate, plus any transport costs. The use of (Tigo) optimisers is not included in the price, unless expressly specified otherwise. The installation shall take place in the same building as the electrical switchboard. If the installation is to be carried out in another building, this may incur additional costs due to the necessity for additional cabling and/or subcircuits. Any elevated platforms, grid costs, excavation works, foundations/bases or drilling of vaults are not included in the price, unless expressly specified otherwise.

4.4 - The customer is bound to pay the price as soon as installation has taken place as set out in the quote, even if the installation cannot be commissioned immediately due to circumstances not attributable to EARTH. The end of the works corresponds with the installation and connection of the solar panels and inverter rather than after the inspection, unless expressly specified otherwise. The installation is also deemed to be delivered if only minor completion works remain (including connection to the customer’s Wi-Fi network, installing applications and repairing any damage).  Getting the inverter online requires the presence of a sufficiently strong signal and shall be carried out immediately upon the installation and connection of the inverter. Additional interventions (such as, but not limited to, an insufficiently stable network or modifications to the Wi-Fi) shall incur a charge.

4.5 - EARTH reserves the right to supply similar modules if the photovoltaic modules offered are (temporarily) unavailable. The price of the new modules shall be adapted proportionately to the new capacity. EARTH may also supply installation components (inverter, battery, etc.) of a make and/or model different to that specified in the quote, provided that the other make and/or model offers comparable performance and warranties. However, the make and/or model are not an essential or significant element of the agreement.

4.6 - EARTH shall not be responsible for applying for premiums or subsidies of any nature whatsoever. EARTH may not be held liable for any damage or loss of income that the customer may suffer as a result of (i) an amendment of the minimum amount for each green energy certificate; (ii) abolition of the system of green energy certificates, related tax advantages or other favourable tax measures; or (iii) any other government measure. All information and documents EARTH shares with the customer in that regard are for information purposes only and bind EARTH in a general manner. The expected annual return shared with the customer is purely for information purposes and is not binding on EARTH. The customer may not hold EARTH liable for any damage or loss of income as a consequence of deviating results from the expected annual return defined previously.

4.7- Cases of force majeure or change of circumstances (hardship), and more generally, all circumstances that hinder, scale down or delay the execution of the order or installation by EARTH and its appointed contractor, or still cause extreme difficulty in fulfilling the commitments entered into by EARTH, release EARTH from any liability and enable it, as the case may be, either to lower its commitments, terminate the agreement or suspend its execution, without EARTH being obliged to pay any compensation. This procedure deviates from the procedure set out in Article 5.74 of the Belgian Civil Code.

Article 5: Complaints and responsibility

5.1 - The goods delivered should be inspected by the customer upon receipt. Complaints relating to conformity or visible defects in the goods delivered may not be accepted if they do not arrive at EARTH in writing by email or by registered letter within eight (8) calendar days of delivery. Any complaints may not be used as a pretence to suspend or delay the payment of invoices.

5.2Customers who have a complaint about the services provided by EARTH may contact the EARTH Customer Service team (Kortrijksesteenweg 387, 8530 Harelbeke, tel.: +32 (0)56 98 05 10 (available Monday to Friday from 08:00 to 17:00), email: info@earth.be). If the consumer is not satisfied with the solution or response provided by EARTH, they may turn to the Consumer Mediation Service (https://www.consumentenombudsdienst.be, Koning Albert II-laan/Boulevard Roi Albert II 8, Box 1, 1000 Brussels, tel.: +32 (0)2 702 52 00, email: contact@consumentenombudsdienst.be) with a view to settling the dispute out of court.

Article 6: Faults, maintenance and guarantees

6.1 - In the event of questions relating to products or services, the customer may contact the helpdesk (info@earth.be) or call +32 (0)56 98 05 10. The customer may not claim any suspension or annulment of the agreement, a reduction in price, a suspension of payments, or any compensation in case of full or partial loss of enjoyment of the product or a fault in the service, for any reason whatsoever (including the fault of third parties or force majeure). EARTH guarantees that it shall always handle the service with care. Any unavailability of the service shall result in the necessary efforts being made to make the system available again. A guaranteed reaction time for faults is not available. In general, however, EARTH strives to respond within 48 hours. All repairs, including any transport costs and materials, as well as maintenance works shall be at the customer’s expense, except if these fall under the legal warranty of two (2) years from the date of delivery.

6.2 - The customer acknowledges that they have been informed that the product warranty is often dependent on timely registration (online, using the manufacturer’s portal) of the product using the serial number on the device. In any case, any warranty relating to the delivered products shall be limited to the warranty provided by the manufacturer. The manufacturer’s warranty varies according to the make and type of solar panels, inverter and/or battery. This warranty shall be limited to the repair or delivery of a comparable installation, unless otherwise specified in this agreement. The costs for replacing the installation do not fall under the scope of the product warranty. EARTH informs the customer that, depending on the product purchased, specific warranty terms and conditions, installation terms and conditions and product terms and conditions shall apply, each of which shall form an integral part of the agreement. EARTH may not be held liable for minor changes regarding construction, dimensions, colour and design made by the manufacturer, unless it is clear from the agreement that the construction, dimensions, colour or design form a crucial element of the agreement for the customer. Warranties shall not extend to defects caused by external factors, such as but not limited to careless use, fire, short circuit, water damage, faults in the meter cabinet, lightning, vandalism, theft, damage caused by animals and/or people, external weather events, and contact with chemical substances.

6.3 - As a consumer, the customer enjoys the benefit of the legal warranty pursuant to Articles 1649bis et seq. of the (former) Belgian Civil Code. The customer must communicate to EARTH any breach of conformity in relation to the points in the above-mentioned articles within two (2) months of becoming aware of the defect.

Article 7: Liability

7.1 - EARTH’s liability for damage suffered by the customer as a result of a shortcoming attributable to EARTH shall be limited to the replacement of the goods. EARTH’s liability in the event of errors shall in any case be limited to the total amount (excluding VAT) invoiced to the customer or, as the case may be, the amount of the quote (excluding VAT). Any amount payable by EARTH as compensation may never be higher than the amount EARTH may claim from its liability insurance.

7.2 - With the exception of intent or gross negligence on the part of EARTH, its representatives and/or subcontractors, EARTH may not in any case be held liable for (i) indirect or subsequent damage (including, but not limited to, damage to third parties, loss of profits, loss of manufacturing, loss of use, environmental damage, etc.); (ii) defects that are directly or indirectly caused by the actions of the customer or of a third party, irrespective of whether these are caused by an error or an oversight; (iii) damage resulting from incorrect or unsuitable use of the installation, nor for an unintended and/or undesirable interaction as a consequence of simultaneous use of the installation with other goods; (iv) damage resulting from non-compliance by the customer and/or a third party with legal and/or other obligations (such as the user manual, environmental requirements, notification obligation, etc.; and (v) damage resulting from normal wear and tear.

Article 8: Payment

8.1 - Unless the parties have expressly agreed otherwise, the following payment terms and conditions shall apply: a 30% advance upon placement of the order, 65% upon completion of the installation works, and the remaining 5% upon completion of the AREI inspection.

8.2 - Unless otherwise agreed, payment shall be made within eight (8) calendar days of the invoice date to EARTH’s registered office, in euros to the bank account IBAN BE38 0018 2011 5272 (BIC GEBABEBB) and without the right to apply a cash discount. Invoices for each project shall not be split across several parties to the contract. The customer consents and allows EARTH to send invoices in electronic format (Article 53(2) of the Belgian VAT Code).

8.3 - In the event that a payment fails to be made on time by a customer, the invoice amount shall, by operation of law and without prior notice of default, be increased with flat-rate compensation of 10% (with a minimum of €100) and without prejudice to the right to prove further damages or disadvantages. In addition, in the event of late payment, negligence interest shall be charged. Such interest shall correspond to the undue delay interest as set out in the Law of 2 August 2002 relating to combatting late payments in commercial transactions, and shall be charged from the due date of the invoice. 

8.4 - If a customer fails to pay on time, a first payment reminder shall be sent to the customer free of charge, and the consumer shall be granted an additional payment term of fourteen (14) calendar days. If the customer still fails to pay in full during this additional payment term, EARTH shall be able to charge flat-rate compensation of €20 if the balance due is less than or equal to €150, €30 plus 10% of the amount due on the tranche between €150.01 and €500 if the balance due is between €150.01 and €500, and €65 plus 5% of the amount due on the tranche above €500, with a maximum of €2,000 if the balance due is greater than €500. In any case, the customer shall be charged undue delay interest from the day after the additional payment term of fourteen (14) days has lapsed. Undue delay interest shall be charged at the reference interest rate plus eight (8) percentage points as set out in Article 5(2) of the Law of 2 August 2002 relating to combatting late payments in commercial transactions.

8.5 - In such a case, EARTH also reserves the right to suspend further deliveries and services. Should the customer be entitled to payment from EARTH, the same payment terms and conditions and sanctions shall apply in the event of non-payment.

8.6 - In the event of a dispute, invoices must be challenged by registered letter within eight (8) calendar days of receipt.

8.7 - In the event of (partial) non-payment, all valid, outstanding invoices shall become immediately due and payable without any further formalities and without prejudice to the right to claim further compensation. EARTH shall also be entitled, unilaterally and without judicial intervention, to terminate or suspend an agreement (even one that has been partially executed) or require additional guarantees. In the event of bankruptcy, mutual debts shall be compensated so that only the balance is due.

8.8 - All goods shall be delivered subject to transfer of ownership upon payment in full of the price and any associated costs. For their part, the customer undertakes not to transfer the goods to third parties or to encumber them with securities upon payment in full. Notwithstanding the retention of title, all risks shall be transferred to the customer after receipt.

Article 9: Protection of personal data

9.1 - By placing an order, the customer expressly consents to EARTH processing their data for the purpose of executing their order. This includes managing their customer file, running information campaigns, offering and promoting products, and statistics management, communication and marketing relating to services and/or products offered by EARTH as part of the contractual relationship between the customer and EARTH. EARTH may record personal data provided by the customer in an automated data file. EARTH may exchange this data with associated companies. More information is available in the Privacy Policy on the website www.earth.be.  The customer may also be sent a digital or hard copy of the Privacy Policy upon first request.

9.2 - EARTH undertakes to respect privacy during its processing and use of personal data pursuant to the provisions of the General Data Protection Regulation (GDPR).

9.3 - After proving their identity, the customer shall be entitled to ask EARTH, free of charge, which information it holds about the customer in order to correct it if necessary, to request that they no longer receive any commercial information or promotional offers, or to request that they be removed from the data files.

Article 10: Termination and force majeure

10.1 - EARTH reserves the right to terminate the agreement and, by operation of law and without prior notice of default, to consider the agreement to be dissolved, without the customer being able to claim compensation, in the following cases: i) the customer fails to comply with their legal or contractual obligations; ii) cessation of payment, a request to defer payment or for collective debt settlement, (a request for) legal restructuring, bankruptcy, death of the customer, a reduction in guarantees, a protest against the customer, a seizure against the customer, as well as any change in the customer’s legal situation.

10.2 - The customer may not transfer their rights and obligations arising from the agreement, unless with EARTH’s express written consent. EARTH may transfer the contract to a third party, provided it ensures that the customer receives the same service under the same conditions. The customer shall be informed of such a transfer in a timely manner.

Article 11: Intellectual property rights

11.1 - All intellectual property rights relating to products or services as well as designs, programs, documentation and any other materials that are developed and/or used to prepare or execute the agreement, or arise from the agreement, shall remain the exclusive property of EARTH or its business partner. The delivery of products or services does not constitute any transfer of intellectual property rights. The customer only receives a non-exclusive and non-transferable right of use to use the products and results of the services for the agreed purposes. The customer shall not remove or modify markings placed by EARTH or its suppliers relating to copyright, brands, trade names or other intellectual property rights.

Article 12: General provisions

12.1 - Should a clause prove to be void, become void or unenforceable, either in whole or in part, this shall not automatically lead to the entire clause or entire agreement becoming null and void, and shall not represent a reason for termination.  In such a case, the parties shall negotiate in good faith and make every effort to replace the clause in question with a legal or valid clause that is as close as possible to the clause affected.

12.2 - The order form and the present Terms and Conditions represent the full agreement between the parties regarding the subject of the order form processed, and replace and supersede all previous verbal and/or written agreements.

12.3 - The failure to insist on the implementation of any provision or sanction of these Terms and Conditions may not be construed as waiving or a limitation of rights.

12.4 - Unless otherwise agreed, notifications or communications under this agreement shall be sent by email or by registered letter. All notifications shall be legally valid when sent to the address stated on the signed order form. Any change of address must be notified to the other party immediately.

12.5 - Each signature of the order form by a person acting on behalf of a legal entity or a third party commits them, jointly and severally, alongside the legal entity or third party to payment of the principal sum and associated costs.

12.6 - The agreement between EARTH and the customer shall be governed by Belgian law.

12.7 - All disputes between the parties arising from the creation, execution and/or interpretation of the agreement may be presented to the courts as set out in Article 624 of the Belgian Judicial Code. The claimant party may choose to lodge disputes before the court of the defendant’s address, or before the court in the location of the commitment to which the dispute relates. Consumers may also turn to the Online Dispute Resolution (ODR) platform, available at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.

---

Model Withdrawal Form

(Only complete and return this form if you wish to withdraw from the agreement.)

To EARTH BV

Kortrijksesteenweg 387

8530 Harelbeke

Email: info@earth.be

Tel.: +32 (0)56 98 05 10

I/We (*) hereby inform you that I/we (*) wish to withdraw from our agreement relating to the sale of

the following goods (*)/delivery of the following service (*): …………………………………………………………………………………………………………………………………………………………….

— Ordered on (*)/Received on (*):

…………………………………………………………………………………………………………………………………………………………..

— Name(s) of consumer(s):

……………………………………………………………………………………………………………………………………………………………

— Address of consumer(s):

…………………………………………………………………………………………………………………………………………………………….

— Date: …………………………………………………………………………………………………………………………………………….

— Signature of consumer(s)

(Only when this form is submitted on paper)

…………………………………………………………………………………………………………………………………………………………….

 (*) Delete as applicable.

Date: