Enerplaza

Thank you for choosing Enerplaza for a more sustainable lifestyle. As an online shop for new energy products and services, we aim to provide you with the best shopping experience.

These General Terms and Conditions are in addition to Dutch mandatory law protecting the rights of consumers and are not in deviation thereof. In the event of a conflict between any provision of these general terms and conditions and Dutch mandatory law protecting the rights of consumers, the provision which is more favorable to the Consumer will prevail.

Name of Enerplaza: Enerplaza B.V.

Business address: XXXXX, the Netherlands

Telephone number: +31 641091527

Email address: info@enerplaza.nl.

KVK: 89700465

VAT identification number: NL865068380B01

In these general terms and conditions, the following definitions apply:

Enerplaza

the legal entity identified in Article 1 of these General Terms and Conditions and/or any legal entity or business affiliated therewith;

Customer

any person or legal entity that places an order with Enerplaza, with which Enerplaza has concluded a Contract or with which Enerplaza is in the process of discussing or negotiating the possible conclusion of a Contract or to which Enerplaza has made an offer;

Consumer

a natural person who is not acting in the context of practicing a profession or carrying on a business;

Contract

each and every agreement between Enerplaza and the Customer, concerning the delivery of a Product to the Customer, as well as any change therein or amendment thereto, as well as any (legal) acts in preparation or execution of such agreement;

Distance Contract

a contract between Enerplaza and the Consumer whereby, in the context of a system organised by Enerplaza for the distance selling of Products and/or services, only one or more type(s) of distance communication is or are used up to and including the moment of conclusion of the contract;

After Sales Policy

the policy provided in Appendix 1 detailing conditions regarding returns and refunds of paid amounts;

Account

the virtual account provided by Enerplaza to a Customer;

Day

a calendar day;

Products

any products and/or other items delivered or to be delivered by Enerplaza to the Customer;

Website

the website with the address https://www.enerplaza.nl, or any other website of Enerplaza including the online application (App);

Pickup Point

establishment of Ochama’s service provider where Products can be collected;

Right of Withdrawal

the right that the Consumer has within the Withdrawal Period to cancel the Distance Contract;

Standard Withdrawal Form

the European Standard Withdrawal Form included in Appendix II;

Withdrawal Period

the term within which the Consumer may exercise the Right of Withdrawal.

3.1 These General Terms and Conditions apply to and form an integral part of every offer, quotation, proposal, order confirmation of Enerplaza and any Contract between Enerplaza and the Customer, including Distance Contracts, governing the legal relationship concerning the delivery of a Product by Enerplaza to the Customer, unless Enerplaza and the Customer have explicitly agreed in writing otherwise.

3.2 Enerplaza requires that the Customer is registered in Enerplaza by virtue of a valid Customer Agreement. Without a valid Account it will not be possible for the Customer to make use of the Website and/or to conclude a (Distance) Contract with Enerplaza.

3.3 The Customer is advised to read these General Terms and Conditions carefully before entering into a Contract with Enerplaza.

3.4 The Website and these General Terms and Conditions are available in Dutch and English and can be consulted and downloaded on the Website at the following address: www.enerplaza.nl.

3.5 Customer accepts the applicability of the General Terms and Conditions through the sole fact of enquiring and/or ordering from Enerplaza.

3.6 The applicability of purchase conditions or other (general) conditions of the Customer are explicitly excluded and rejected, unless these are accepted in writing by Enerplaza in respect of any specific transaction.

3.7 Enerplaza may subcontract any (part of the) performance under the Contract to a third party. Enerplaza remains responsible to the Customer for the execution of the Contract, including for the performance by third parties in the same way as Enerplaza would be under these General Terms and Conditions and the Contract as if Enerplaza would have performed the Contract itself, unless the Customer has instructed the (use of the) third party.

4.1 All offers or quotations issued or made by Enerplaza are without any obligation for Enerplaza, unless stated otherwise in writing.

4.2 Enerplaza is not bound by any offer or quotation if the Customer can reasonably understand that the offer or quotation, or a part thereof, contains a mistake or a clerical error.

4.3 Any offer or quotation, even if it is irrevocable, may be withdrawn by Enerplaza, if the withdrawal reaches the Customer before or at the same time as the acceptance of the offer.

4.4 A Contract, as well as modifications and additions thereto, is concluded at the moment when accepted or confirmed in writing by Enerplaza or after Enerplaza started to perform the Contract.

4.5 If the reply to an offer by the Customer differs or contains additions, limitations or other modifications from the offer of Enerplaza (whether or not the difference/addition/limitation/modification pertains to points of minor significance), Enerplaza shall not be bound by the difference, additions, limitations or other modifications, unless Enerplaza states explicitly otherwise in writing.

4.6 If Enerplaza provides an offer or quotation consisting of a certain amount or range of Products, the quotation shall only apply if the Customer accepts the offer in full and takes delivery of the full range and number of Products. If the Customer only wants a part and/or not the complete number or range of offered Products, the price per Product shall be higher than a corresponding proportion of the quoted price, unless Enerplaza stated explicitly otherwise in writing in its offer or quotation.

4.7 Documentation materials in or accompanying any offer or, quotation in any form, are, unless stipulated otherwise in writing, for information purposes only and shall not be binding to Enerplaza. Enerplaza will observe the utmost care in providing any statements of prices, numbers, sizes, weight, colours, pictures and/or other (technical) specifications of the Products. Documentation, samples, drawings or models shown or provided are only indications of the Products concerned, and the Customer cannot derive any rights therefrom. Enerplaza does not guarantee the absence of any deviations. Enerplaza makes a reservation with regard to in the branch usual margins.

4.8 Offers and quotations of Enerplaza, and or any agreed deviations or additions thereto, do not automatically apply to future orders. The Customer cannot derive any rights from any offers, quotations and/or any agreed deviations or additions thereto, for other and/or future transactions.

4.9 Within the statutory parameters, Enerplaza may ascertain whether the Customer is capable of meeting his payment obligations and may also apprise itself of all facts and factors that are relevant to entering into a Distance Contract in a responsible manner. If, based on this investigation, Enerplaza has good reasons for not entering into a Distance Contract, it will be entitled to refuse an order or a request, which refusal must be substantiated, or it may apply special conditions to the execution of an order or a request.

4.10 In the event one or more Products are unavailable once the order has been placed, Enerplaza will inform the Customer as soon as possible. The price of the order will be recalculated, and the Customer will debited the new amount, with the price of the unavailable item deducted. In case the Customer already made a payment, Enerplaza will refund the excessive amount without undue delay.

4.11 The Customer is solely responsible for the correct and complete provision of information necessary for Enerplaza to accept and complete the order, including but not limited to information about Customer’s address, payment details and Contract information and the timely supply thereof. Enerplaza cannot accept any liability for any error or inaccuracy in a customer’s order.

5.1 The delivery time commences on the date the Contract is effectuated. If Enerplaza requires data or other information for the execution of the Contract that needs to be provided by Customer, the delivery time shall not commence until the Customer has provided to Enerplaza all required data or information, if this is later than the date of effectuation of the Contract.

5.2 At all times, Enerplaza shall be entitled to deliver the Products in instalments. In the event of a delivery in instalments, Enerplaza shall be entitled to invoice each partial delivery separately.

5.3 The Product can be sent by Enerplaza to the Customer or be picked-up by the Customer at the location agreed when concluding the Contract.

5.4 If the Product is to be delivered by Enerplaza at the address of the Customer, the delivery location is the address that the Customer has made known to Enerplaza. Enerplaza delivers in the Netherlands, Belgium and Germany. Enerplaza reserves the right to suspend or cancel the order if a delivery address has been submitted which is not located in the Netherlands, Belgium and Germany.

5.5 With regard to Customers, not being Consumers, delivery of the Products shall be at Ex Works (EXW) warehouse Enerplaza in the Netherlands, in accordance with the most recent Incoterms of the International Chamber of Commerce in force at the time when the Contract is concluded, unless Enerplaza and Customer agreed otherwise. Delivery shall be deemed to have taken place at the time where the Products are made available to the Customer. Unless parties agreed otherwise in writing, all Products shall be transported for the account and risk of the Customer, even if Enerplaza has arranged the transport and/or where the dispatch is made carriage paid.

5.6 If the Customer, not being a Consumer, fails to collect the Products in full or in time or fails to provide information or instructions necessary for the delivery, (i) the Customer shall be in default without any notice of default being required and (ii) Enerplaza is entitled to store the Products at the expense and risk of the Customer or to sell them to a third party.

5.7 In case it concerns a Distance Contract, the following will apply. Taking into consideration Article 4 of these Conditions, Enerplaza will endeavor to implement accepted orders with efficient expedition, though at the latest within thirty (30) Days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the Consumer will be informed about this. In this case, the Consumer has a right to rescind the Contract free of charge.

5.8 Enerplaza may make a Pickup Point available for the delivery of Products to the Customer. The Customer is entitled to choose Self Pickup if such service is available, which will be shown on the page of ordering process. The following conditions apply to the use of Pickup Points:

To the extent permitted by law, Enerplaza cannot be held liable by the Customer for the Pickup Point not functioning properly (irrespective of the reason thereof i.e., power cut, flood, other internal or external causes) and/or for any possible damages the Customer suffers as a result of the use of the Pickup Point.

6.1 All prices for the Products presented on the Website or otherwise, are in Euros, net cash, without reduction and are inclusive of VAT, unless stated otherwise by Enerplaza in writing. Prices do not include shipping charges, which are invoiced in addition to the prices of the Products.

6.2 Enerplaza is entitled to modify the indicated prices at any time, before the conclusion of the Contract.

6.3 All cost estimates issued by Enerplaza shall be merely indicative, except where specified otherwise in writing by Enerplaza.

6.4 If a Contract is entered into and no definite price has been agreed upon, the Contract will be executed at the prices for the Product which are valid at the time of the conclusion of the Contract.

6.5 Any changes in factors affecting the price for the Products after the conclusion of the Contract will be recharged by Enerplaza to a Consumer, even if parties agreed upon a fixed price, provided that such changes are the result of statutory regulations or stipulations; and the Customer is authorized to terminate the Contract on the day on which the price increase takes effect.

6.6 Any changes in factors affecting the price for the Products or Enerplaza’s additional costs, including, but not limited to purchase prices, exchange rates, import and export duties and other levies due upon import or export, insurance rates, freight rates and other levies or taxes after the conclusion of the Contract will be recharged by Enerplaza to a Customer, not being a Consumer, even if parties agreed upon a fixed price. In case the consequence of this provision causes a price increase of more than 10% within three months after the conclusion of the Contract, the Customer has the right to cancel the relevant parts of the Contract by registered mail within five (5) Days upon notification of the price increase without being entitled to any damage compensation.

6.7 A Customer, not being a Consumer, shall indemnify Enerplaza against all damage, loss and/or cost that may ensue for Enerplaza from the fact that the Customer is not properly registered for VAT or similar tax purposes and/or that the Customer has issued incorrect data or has not on time issued data to Enerplaza.

7.1 Insofar as not otherwise stipulated in the Contract or additional conditions, the amounts owed by the Customer must be paid within fourteen (14) Days following the commencement of the Withdrawal Period or, if no Withdrawal Period does apply, within fourteen (14) Days following the conclusion of the Contract.

7.2 Enerplaza may require an advance payment up to 50% of the price from the Consumer, or 100% from the Customer, not being a Consumer. If an advance payment has been agreed, the Customer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.

7.3 The following payment methods are accepted by Enerplaza: Credit cards, Ideal, PayPal and any other payment method available on the payment page when the Product was ordered.

7.4 All outstanding amounts are immediately due and payable in the event of late payment of an agreed period or if the Customer becomes bankrupt.

7.5 If the Customer fails to fulfil its payment obligations on time, the Customer, after having been informed by Enerplaza of the late payment and after Enerplaza has granted the Customer an additional term of fourteen (14) Days to fulfil its payment obligations and the Customer still fails to fulfil its payment obligations within this additional term of fourteen (14) Days, will owe statutory interest on the amount still owed and Enerplaza will be entitled to charge the extrajudicial collection costs that it incurs. These costs are: 15% regarding an amount up to € 2,500, -; 10% regarding the following € 2,500,- and 5% regarding the following € 5,000,- with a minimum of € 40,-.

7.6 If the Customer fails to meet its payment obligations (in time), Enerplaza may assign the relevant claim to a third-party.

8.1 Notwithstanding the actual delivery, all Products delivered by Enerplaza shall remain the property of Enerplaza until such time, and the title to the Products will pass to Customer only after the Customer has fully paid any amounts in connection with Products delivered or to be delivered due to Enerplaza, including the Contract sum, any surcharges, interest, taxes and expenses that may be due in accordance with the Contract or these Terms and Conditions as well as any activities that may have been performed or are to be performed by virtue of such Contract. The Products delivered subject to retention of title will be for the account and risk of the Customer.

8.2 As long as the title to the Products has not passed to the Customer, the Customer shall not be entitled to lease, rent out or sell and deliver the Products to third parties or have third parties use them, to pledge them or otherwise encumber them in any way or position them out of control.

9.1 Customers may be entitled to a full payment of Customer’s purchase of the Product if Customers request for refund within fourteen (14) Days after receiving the Products.

9.2 Customer may be entitled to only a partial refund of Customer’s purchase, if the Product has not been damaged in full, with sufficient proof of the amount of the damage.

9.3 Under this limited guarantee, Enerplaza warrants that each Product that Customer purchases will be free from workmanship and material defects under normal usage in accordance with Enerplaza published Product materials during the warranty period. Enerplaza’s published Product materials include but are not limited to, the information and description on the commodity details pages, user manuals, guidelines, specifications, in-app and on-website notifications, and service communications. The warranty period for a Product starts on the day the Product is delivered and ends two years after delivery.

9.4 If Customer’s Product does not function as warranted during the warranty period, Customer may obtain after-sales service by reporting the issue to Enerplaza online customer service and we will process trouble shooting and guild Customer the after sales service. Please note that the refund method for the Product will be the same as the method that is used in the ordering process (right of withdrawal). Customer will need to provide the Products, and as far as reasonably possible the original packages, for the warranty service.

9.5 The Customer is required to inspect, or to have inspected, the Products as soon as the Products are placed at the Customer’s disposal. In addition, the Customer must examine whether the quality and/or quantity of the delivered Product(s) matches the Contract and complies with the requirements agreed by parties.

9.6 The Customer must notify Enerplaza immediately in writing or by sending an e-mail to support@enerplaza.com about any complaints concerning the Products. Any notification of a shortcoming/defect/complaint of the Customer should contain a description with the purchase order, the delivery date, a copy of the regarding invoice, the serial number of the Product and the nature of the shortcoming/defect/complaint as detailed as possible so that Enerplaza can respond adequately (‘Notification’).

9.7 Enerplaza will attempt to diagnose and resolve Customer’s problem by telephone and e-mail. If Customer’s problem cannot be resolved over telephone or email, Enerplaza will guide Customer to the after sales procedure and depending on the situation, will start the repair replacement, or refund process.

9.8 In case of visible deficiencies in the Product and/or failing quantities of the Product, the Customer must submit the Notification as mentioned in Article 9.6 of these Terms and Conditions, to Enerplaza in writing as soon as possible. Customers, not being Consumers, should do this within fourteen (14) Days after delivery of the Product and record these deficiencies and/or shortfalls on the relevant transport document. For all other defects or complaints with regard to the Product, the Customer, not being a Consumer, must submit a Notification to Enerplaza in writing immediately, or in any case within the time limit of fourteen (14) Days after the date on which the complaints, shortcomings and/or defects became known or might reasonably have been expected to become known to the Customer.

9.9 If it is established that a complaint cannot be substantiated by the Customer or if the if the complaint falls outside the scope of the warranty, the costs arising from the complaint and related thereto, including the costs for examination on the part of Enerplaza, shall be fully borne by the Customer, not being a Consumer, including administration costs, shipping costs and call-out charges. If it is established that a complaint cannot be substantiated or if the complaint falls outside the scope of the warranty, Enerplaza shall invoice the costs of any Product and the rectification of defects, that fall outside the scope of the warranty in accordance with its standard rates.

9.10 No warranty can be invoked in case of:

External and internal damage caused by non-Product defects. Include but not limited to, operational error;

Damages caused by improper installation, incorrect usage, or operation not in accordance with official manuals and instructions;

Damage caused by the issues of reliability or compatibility when using unauthorized third-party parts;

Damage by non-Enerplaza software programs, whether provided with the Product or installed subsequently;

Damage resulting from non-Enerplaza technical or customer service support, for example, received the assistance with “how-to” questions or inaccurate Product set-up and/or installation;

Products or parts with an identification label that has been removed or altered;

Damage caused by unauthorized modification, disassembly, or cover opening not in accordance with official instructions or manuals;

Damage caused by unauthorized modification of circuits and mismatch or misuse of the battery and charger;

Damage caused by unauthorized service providers.

9.11 In Appendix I, additional information is provided on the after sales process and refunds of paid amounts.

10.1 Enerplaza guarantees that the Products comply with the Contract, the specifications stated in the offer, reasonable requirements regarding reliability and/or usability and the statutory provisions and/or government regulations in force on the date on which the Contract was concluded. If so agreed, Enerplaza also guarantees that the Product is suitable for other than normal use.

10.2 An additional guarantee provided by Enerplaza may never limit the legal rights and claims that the Consumer may enforce against Enerplaza by virtue of the Contract if Enerplaza fails to perform its part of the Contract.

10.3 An additional guarantee means each obligation assumed by Enerplaza under which Enerplaza grants the Customer certain rights or claims that, in terms of scope, exceed those that Enerplaza is required to grant by law if it has failed to perform its part of the Contract.

11.1 The Website and all the elements, brands, drawings, models, photographs, texts, illustrations, logos, icons, graphics, products, associated products, etc. to be found on the Website are the exclusive property of Enerplaza, its affiliated companies, its licensors or its content providers. Enerplaza does not grant any license or any entitlement to Customers or any third parties other than that of consulting the Website. Any use or reproduction, in whole or in part, of these elements is authorized exclusively for information purposes only, for personal and private use, with any reproduction and any use of copies made for other purposes being expressly prohibited.

11.2 Customer undertakes not to infringe or to attack Enerplaza’s (intellectual property) rights in any way, directly or indirectly, by use or otherwise and acknowledges that Enerplaza is the beneficiary with regard to these rights.

11.3 Customer shall ensure that all information received from Enerplaza that is known or should reasonably be known to be of a confidential nature is kept secret and Customer will not disclose any of such information to any third party. The Customer shall only use such confidential information for the purpose for which it has been provided by Enerplaza. Information shall in any event be regarded as confidential if it is designated as such by Enerplaza.

12.1 Without prejudice to any rights Consumers might have, and to any restrictions imposed on the limitations of liability stated below by the laws of Consumer’s country of domicile and thus to the extent permitted by law, the liability of Enerplaza is limited in the following way.

12.2 Enerplaza will not accept liability for:

any interruption to the Website;

any damage or loss resulting from a fraudulent intrusion by a third party, causing any change to the information made available on the Website;

non-fulfilment of orders due to stock shortages;

Products not obtained via the Website;

Products damaged by normal wear and tear; or

Products that have exceeded the reasonable lifespan of the Product.

12.3 Without prejudice to Article 12.1 and Article 12.2 and to the extent permitted by law, any liability on the part of Enerplaza for an attributable failure to comply with any of its obligations under any Contract and/or these Terms and Conditions, explicitly including any failure to comply with a warranty obligation agreed with the Customer, based on a tort, or due to any other reason or on any other ground, shall in all cases be limited to the amount that Enerplaza receives from its insurer under its commercial liability insurance in relation to the damage for which Customer has held Enerplaza liable.

12.4 Without prejudice to Articles 12.1, 12.2 and 12.3 and to the extent permitted by law, if no insurance payments are made in relation to the damage in question, the total liability of Enerplaza shall to the extent permitted by law, in all circumstances be limited to the price of the Product paid by the Customer.

12.5 In no circumstances will Enerplaza be liable to Customer for any special, consequential, indirect, criminal or incidental loss, including but not limited to losses caused by delays, lost profits, lost savings, increased operational costs, damages or loss as a result of claims from Customer’s customers, loss of customers, loss of goodwill, damages or loss in connection with the use of items, materials, services provided by third parties that Enerplaza is instructed to obtain by the Customer and damages and loss in connection with the engagement of third parties by Enerplaza on the Customer’s instruction etc., howsoever caused, regardless of the basis of liability, and regardless of whether it was advised in advance of the possibility of such damages arising in any way from the Contract or otherwise. The liability of Enerplaza due to destruction or loss of data is also excluded.

12.6 The restrictions and exclusions referred to in Article 12.2 up to and including Article 12.5 above shall no longer apply if and in so far as the damage in question is solely caused by an intentional act or gross negligence on the part of the management of Enerplaza.

12.7 Customer’s right to any damage compensation is always conditional to the notification thereof to Enerplaza in writing immediately upon occurrence. Any claim for damages against Enerplaza is extinguished automatically by the mere passage of twelve months after the inception of the claim.

13.1 If force majeure of a temporary or permanent nature prevents the Contract from being (further) implemented, Enerplaza is entitled to dissolve the Contract in whole or in part, without any obligation to pay compensation, or to suspend the (further) execution of the Contract. In the event of suspension, Enerplaza is still entitled to declare the Contract wholly or partially dissolved. If a force majeure situation occurs, Enerplaza immediately informs the Customer thereof and keep it informed of the development of the force majeure situation.

13.2 Force majeure is in any case understood to mean any situation in which Enerplaza cannot exercise any influence and as a result of which it cannot reasonably fulfill its obligations, as well as, if not already included, government measures, quotas, (industrial strike, (civil) war, danger of war, pandemics, epidemics, riot, occupation, illness, molestation, fire, water damage, flood) , company occupation, defective counterry, disruptions in the supply of energy, storage and transport difficulties, suppliers’ default on the goods required for the delivery of Products from Enerplaza and furthermore all circumstances, in which there is no reasonable reason (anymore) Enerplaza can be expected to (further) fulfill its obligations towards the Customer.

14.1 If the Customer fails to fulfil one or more of his obligations under the Contract or for other reasons, as well as when the Customer is declared bankrupt, or when the Customer otherwise loses the free disposal of his assets, Enerplaza is entitled – without prejudice to all other statutory and contractual rights of Enerplaza - to immediately suspend the Contract without notice of default and / or judicial intervention, or to rescind or terminate the Contract. Any and every amount owed by the Customer is immediately due and payable in full. Products that are already supplied by Enerplaza have been delivered but not yet paid for, must then be sent to Enerplaza to collect these Products, and without prejudice to the right of Enerplaza to compensation for damage, costs and interest.

14.2 If Enerplaza rescinds or terminates the Contract for reasons as stated in above Article 14.1, the Customer will have the opportunity to download its user account information within 30 Days after Enerplaza’s notice to you. In any other case, your user account information will be deleted after three years of inactivity. For more information on how your personal data is processed, we refer to our Privacy and Cookie Policy.

15.1 The Customer shall not be entitled to transfer its rights and/or obligations under a Contract to any third party, without Enerplaza’s prior written consent.

15.2 Enerplaza shall be entitled to alter these General Terms and Conditions and the Special Conditions or make any additions thereto unilaterally. Enerplaza shall notify the Customer thereof in writing. Unless: (i) the Customer informs Enerplaza in writing, that it does not accept the changes and/or additions within fourteen (14) Days after the date of the notification of Enerplaza; or (ii) the Customer continues making use of the Website, the Customer shall have accepted such modifications and additions.

15.3 If, at any time, one or more provisions of these General Terms and Conditions are fully or partially void or voidable, the remaining provisions of these General Terms and Conditions will remain in full force and effect. In such an event, Enerplaza and the Customer will consult each other in order to agree on new provisions which are not void and voidable to replace the void or voidable provisions and which new provisions as closely as possible corresponds with the void and voidable provision, whereby the intent and meaning of the original provisions shall be taken into account as far as possible.

15.4 Disputes between Enerplaza and the Customer to which these General Terms and Conditions apply are exclusively governed by Dutch law.

16.1 In case of a Distance Contract in addition to the provision set forth in Article 1 up to and including Article 15 of these General Terms and Conditions the provisions set forth in Article 16 up to and including Article 22 of these General Terms and Conditions are equally applicable. In case of discrepancies between the first mentioned articles and the latter mentioned articles, the provisions laid down in the latter mentioned articles of these General Terms and Conditions shall prevail.

17.1 When Customer purchases a Product at Enerplaza, Customer will have 30 days to decide whether to keep the Product or not after delivery. The Product to which a refund would apply should be taken care of and should be in like-new condition during the cooling-off period (check Point 1 below). If so, the Products can be applied for a return and refund process (check Point 2) with good condition (check Point 3 below).

Below the Right of Withdrawal and its limitations are further specified with regard to different Product categories.

Point 1 Description of taking care of the products

During the Withdrawal Period, please handle the Product, the accessories, the price tag, and the original packaging with care. Unpacking or using the Product for essential inspection purposes is acceptable. This includes checking the Product quality and the appearance. The basic principle is to handle and inspect the Product as if it was being checked in the store. In case of handling the Product beyond the mentioned inspection handling and in case of Product depreciation, the Product will be considered as handled carelessly which may have as a consequence that no refund will be provided.

Customer will only be liable for a decrease in the value of the Product that is the consequence of the Product having been handled in a manner over and above the manner described above. Customer will not be liable for a decrease in the value of the Product if Enerplaza did not provide the Consumer with all of the information required by law regarding the Right of Withdrawal prior to or on the conclusion of the Distance Contract.

Point 2 Return and refund Product categories

Availability

Product categories

Description and examples

Available to apply for return and refund

The Products exclude below descriptions

Unavailable to apply for return and refund

Customized product (if this is not seller’s error or quality problem)

Customized decorations, items, stickers etc.

Digital content or tickets

Music or a video that cannot be withdrawn once it has started downloading or streaming; Train tickets, telephone cards, concert tickets.

Newspaper and magazine with subscriptions

Newspaper, magazine.

Services

Training, design, gift cards that are already provided.

Health protection or hygiene Product after unsealed.The product will get spoiled after unsealed

Shampoo, hand sanitizer, toothpaste, toothbrush, dental floss, deodorant, shaving supplies, baby wipes, facial cleansing cloths, toilet paper, sunblock, food, alcoholic and non-alcoholic beverage, milk powder, underwear, socks, stockings.

After activation or usage will largely cause Product depreciation

Used office supplies, used sandwich plastic bag, used trash bags; Products that are irrevocably mixed with other Products after delivery/unsealed; Electronic Product.

Other Products that are unavailable to return or refund, of which the Customer has been informed via Enerplaza customer support, or the policy, or the commodity details pages

Point 3 Standard of good conditions

General standard of returning Products under good conditions

Product categories

Description and examples

1. Like-new condition:
During the cooling-off period, please handle the Product carefully, for examples keep the accessories, the price tag, the original packaging, the gifts from the order, the user manual, the repair card (if have), the without functional and appearance damage, dent, tear and ware, anti-counterfeiting still remains, entry of foreign bodies (water, oil, sand, etc.)
2. The packaging of the Products:
Some Products may require to keep the original packaging. The Products include but not limited to electronic Products, electrical appliances, lamps, the packages have high value, such as the packaging of the watch, jewellery, computer, and laptop.
3. The seal remains sealed:
Health, hygiene, beauty Products, books, CDs are still sealed

CDs, DVDs, games, and books

The seal remains and has not been unsealed.

18.1 If the Consumer decides to exercise its Right of Withdrawal, the Consumer must, within the Withdrawal Period, use the Standard Withdrawal Form or another equal means of giving notice to Enerplaza that the Consumer is exercising this right.

18.2 The Consumer should return the Product or hand the Product over to Enerplaza or to an authorized representative of Enerplaza as soon as possible and in any case within fourteen (14) Days of the Day following the one on which the notice referred to in Article 18.1 was given. The Consumer does not need to do this if Enerplaza has offered to collect the Product. The Consumer will in any case have complied with the term for returning the Product if the Consumer returns the Product prior to the end of the Withdrawal Period.

18.3 The Consumer must return the Product and all accessories delivered in the original state and packaging if reasonably possible and in accordance with Enerplaza’s reasonable and clear instructions.

18.4 The risk and burden of proof with respect to the proper exercise of the Right of Withdrawal within the applicable period of time lies with the Consumer.

18.5 The Consumer will bear the direct costs of returning the Product. The Consumer will not be required to bear the costs of returning the Product if Enerplaza has not stated that the Consumer must bear these costs or if Enerplaza states that it will bear these costs.

19.1 Enerplaza will send confirmation of receipt of the notice of withdrawal without delay after receiving this notice.

19.2 Enerplaza will reimburse all payments made by the Consumer, including any delivery costs charged by Enerplaza, for the returned Product without delay and in any case within fourteen (14) Days following the Day on which the Consumer gives notice that the Right of Withdrawal is being exercised. Unless Enerplaza offers to collect the Product, it may defer repayment until it has received the Product or until the Consumer has shown that it has sent the Product back, whichever event occurs first. If the Consumer opted for a delivery method that was more expensive than the most inexpensive standard delivery method, Enerplaza will not be required to repay the additional costs of the more expensive method.

19.3 To effect repayment, Enerplaza will use the same method of payment that the Consumer used, unless the Consumer agrees to a different method. The repayment will take place at no cost to the Consumer.

20.1 Enerplaza has excluded the applicability of the Right of Withdrawal for the following Products and services, which means that the Consumer does not have a Right of Withdrawal in respect of the following:

Products or services of which prices are subject to fluctuations on the financial market over which Enerplaza has no influence and which can occur within the Withdrawal Period;

Contracts concluded during a public auction. A public auction is defined as a sales method whereby a trader offers Products, digital content and/or services at an auction, under the directions of an auctioneer, and whereby the successful purchaser is obliged to purchase the Products and/or services;

Service Contracts, after performing the service in full, but only if:

performance commenced with the express prior agreement of the Consumer; and

the Consumer has stated that it will lose the Right of Withdrawal as soon as Enerplaza has performed the Contract in full.

Service Contracts for the provision of accommodation, if a specific date or period of performance is provided for in the Contract and other than for residential purposes, transport of goods, vehicle hire services, and catering.

Contracts in connection with leisure activities, if a specific date or period of performance is provided for in the Contract.

Alcoholic drinks whose price is agreed on entering into the Contract, but whose delivery can only take place after 30 days, and whose actual value is dependent on fluctuations of the market upon which the entrepreneur has no influence.

Products manufactured in accordance with the specifications of the Consumer that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the Consumer, or that are clearly personalized or intended for a specific person;

The Contract for the provision of services in respect of the carriage/transport of Products;

Products subject to rapid decay or with a limited shelf-life;

Sealed Products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;

Products which are, after delivery, according to their nature, inseparably mixed with other items;

Sealed audio/video-recordings and computer apparatus of which the seal was broken after delivery;

After delivery of digital content other than on a material carrier, but only if:

the performance was begun with the express prior consent of the Consumer; and

the Consumer has declared that they lose their Right of Withdrawal once the entrepreneur has fully implemented the Contract;

Newspapers, periodicals or magazines, with the exception of subscriptions to these.

21.1 Additional or deviating provisions of 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 they can be stored in an accessible manner by the Consumer.

Enerplaza guarantees that, subject to the following conditions, the available after sales service solutions, return and refund service, replacement service and repair service, can be requested. Please contact Enerplaza for more details. For refund service, Customer will be required to upload the proof of the issues (if available) in the refund order via Enerplaza system.

Return and Refund Service

√ Within thirty (30) calendar after receiving if the product has no manufacturing defect and is still in new or like-new condition.

TYPES OF RETURN AND REFUND

√ Non-fresh goods, normal Products (non-in-bulk Product) and large size Products (the longest length exceeds 54 centimeters and/or weight exceed 30 kilogram): e.g. furniture, electronic products

Return period: within thirty (30) days after receiving the Product.

Please prepare:

If available: the original packaging, the warranty card, the accessories, the price tag, etc.

The serial number of the Product (if applicable, e.g., phone, television, computer).

Please note: large size Products can only be transferred via home picked-up service.

√ Coupon will be returned to Customer’s account if it is valid on the request of refund day and the order is fully returned;

√ Coupon are split over the paid Products and Coupon will not be partial returned;

Newspapers, periodicals or magazines, with the exception of subscriptions to these.

EXCLUSION OF RETURN AND REFUND

In the following cases a return or refund can be refused:

WARRANTY AND REPAIR

At present, Enerplaza mainly provides return service and for some Products also repair or replacement services. For specific rules, please refer to the commodity details pages or contact customer service.

Essential Information

√ Enerplaza will cover shipping costs for the return, repair or replacement shipment if the Product is defective or has Product issue within warranty.

√ Enerplaza will examine the returned Product(s) to identify the issue. If the issue qualifies for the service under this After-Sales Policy, Enerplaza will bear the cost of refund.

√ If Enerplaza determines that the issue is not covered by this Enerplaza After-Sales Policy, Enerplaza may reject the refund application or process partial refund.

√ Please make sure the Product is returned accordingly. The Customer is accountable for any additional costs (e.g., due to extra shipping costs for additional parts).

√ To guarantee Customer’s legal rights, please check whether Customer’s Product is intact (check whether any damage occurred on Customer’s product during transportation) when signing for it, or check on the Product when Customer picked up at Enerplaza Pick up Shop. If the Product has quality issue or damage, please report it to us within three (3) days of signing for it, or report to the reception desk as fast as Customer can at Enerplaza Pick up Shop. Otherwise, it will be deemed that the Product Customer signed up or picked up is intact and fully functional.

√ Before sending Customer’s Product for repair or return, please remove any customized decorations and items on it (include but not limited to decorative stickers, paintings, thirty decorations, etc.). Enerplaza will not be responsible for the damage or loss that may occur to these customized decorations and items.

√ Enerplaza will return the actual amount that Customer paid in the order if all the Products are returned intact. If only a part of the Products has been returned, Enerplaza may reject the full refund application.

√ Refund will be transferred via the same payment method that was used in the order.

√ Image shown on the commodity page is for illustration purposes only. Due to lighting and display differences, there may be colour differences on the actual Product. Please be aware that this is not a Product defect.

Only complete and return this form if you wish to withdraw from the contract.

To: XXXXXX(address)

I / We* hereby give notice that I / we* withdraw from my / our contract of sale of the following goods / for the provision of the following service *,

Ordered on (*)/received on (*),

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

(*) Delete as appropriate.