Terms

General
1.1 The Thormeister brand is owned by Thormeister, a business registered in The Netherlands.
1.2 Thormeister produces, and/or develops, and/or markets, and/or trades in, solar batteries and related products and services ('Product').
1.3 These Terms apply to all offers, quotations, distributor contracts, sales contracts, consumer sales, and joint ventures of Thormeister to and/or with Buyers ('Buyer') concerning the delivery of Product. These Terms also apply to agreements other than sales contracts, insofar as these agreements are not governed by other special conditions, as well as to all business, customer, and/or trading relationships with consumers, governmental organizations and businesses who ordered Product and/or purchased Product and/or put Product in use.
1.2 All stipulations in these ‘Terms’ apply to the relationship between Thormeister and Buyer, as well as companies or other kinds of organizations that are at Buyer’s arm’s length, and/or have the same directing minds as Buyer.
1.3 References made by Buyer to other Terms shall not result in their applicability. Thormeister expressly declines the applicability of Terms imposed by Buyer. Buyer hereby expressly agrees with this stipulation at the time of ordering any product or service from Thormeister.
1.4 In the event of a continued relationship between Thormeister and Buyer, these Terms need not be declared applicable again.
1.5 Agreements between Thormeister and Buyer shall only be valid if written in the English language.
1.6 Stipulations deviating from these Terms shall only apply if agreed on in writing by a Thormeister board member and Buyer’s representative.

Offers
2.1 All offers made by Thormeister are free of obligation and valid for a period of fourteen (14) days, unless agreed otherwise in writing.
2.2 Agreements between Thormeister and Buyer are effected by means of a written order confirmation by Thormeister, and/or Thormeister announcing execution of activities in writing. Undertakings made by Thormeister representatives are solely binding on the part of Thormeister if confirmed in writing by Thormeister.
2.3 Thormeister is entitled to amend its prices up to the moment of invoicing.

Delivery
3.1 The agreed delivery date is never a firm date, unless expressly agreed otherwise in writing by Thormeister and Buyer. In the event of an overdue delivery, Buyer must issue Thormeister with a written notice of default, observing a reasonable delivery term of at least thirty (30) working days following the notice of default (the delivery period). At no time is Buyer entitled to claim damages in the event of Thormeister exceeding the delivery period.
3.2 Although the technical specifications and all Thormeister communications, including catalogues, brochures, folders, adverts, websites, letters and e-mails have been drawn up by Thormeister to the best of its knowledge and ability, they are nevertheless estimates and approximations of reality. Buyer shall only be entitled to dissolve this agreement in the event of significant deviations affecting the operation of the products in which case neither party is entitled to compensation.
3.3 Thormeister is entitled to refuse to accept orders placed by Buyer or, if already accepted, reject delivery if i) acceptance and/or implementation is in direct conflict with (new) laws and regulations, ii) Buyer has failed to meet his obligations towards Thormeister pursuant to this agreement and/or these Terms, and/or iii) Buyer has acted wrongfully against Thormeister.

Transport
4.1 Unless expressly agreed otherwise in writing, Buyer will bear all transportation costs, for delivery to Buyer and returns to Thormeister.
4.2 All transports of Product from Thormeister to Buyer are insured by Buyer, unless expressly agreed otherwise in writing.
4.3 All risks for loss and damage to Product purchased by Buyer, pass to Buyer at the time of transportation.

Liability
5.1 Subject to the warranty obligations formulated in these Terms, Buyer declares not to hold Thormeister liable for damage incurred by Buyer or third party, caused during the delivery of Product and/or services.
5.2 Buyer declares that Thormeister shall not be liable for any form of ensuing and/or consequential damage.
5.3 Thormeister can only be held liable if a claim is submitted in writing within five (5) working days following the damage and is subject to the other limitations set forth in the Distributor/Dealer Agreement, if a Distributor/Dealer Agreement between Thormeister and Buyer exists.
5.4 If Buyer resells and/or redelivers the products purchased from Thormeister, Buyer is obliged to take out appropriate insurance to cover all risks arising from resale or delivery.
5.5 Buyer expressly agrees that Thormeister is not liable, and that Buyer shall not hold Thormeister liable, for responsible for any personal injury, injury or damage of a third party, directly or indirectly. Neither shall Thormeister be held liable for damage as a result of loss of turnover, loss of data or interference to business operations, or for any other commercial and/or tax loss or any other commercial and/or tax loss as a result of, or related to, the use or inability to put into use of the Product and/or corresponding software, irrespective of cause, and irrespective of the grounds for liability (non-compliance, unlawful act or otherwise), even if Thormeister could have been aware of the likelihood of damage.
5.6 Buyer expressly agrees that Thormeister shall compensate neither Buyer nor any end user for installation and/or de-installation of the Product in any case. Buyer agrees to always test the Product for correct functioning before installing the Product or having it installed by a third party. Buyer agrees to clearly communicate to its resellers that they must always test the Product for correct functioning before installing the Product and Buyer agrees to include a stipulation to that end in the trade terms between Buyer and its resellers.
5.7 Buyer agrees to indemnify and hold Thormeister and its directors, officers, employees, agents and affiliates harmless against any and all losses, costs, claims, suits, obligations, demands, damages, liabilities, expenses and reasonable attorney’s fees on account thereof resulting from, arising out of, or in connection with any acts or omissions of Buyer or any of Buyer’s personnel in connection with their activities under this Agreement. This Section 5.7 shall survive termination, expiration or cancellation of any agreement between Thormeister and Buyer.

Claims
6.1 Buyer must immediately notify Thormeister in writing in the event of shortages. If shortages are not immediately reported, or if Buyer has signed the consignment note, Buyer is no longer entitled to demand delivery and/or claim for damages.
6.2 Thormeister must in any case be given the opportunity to examine complaints as to their correctness and accuracy. Buyer is not entitled on the grounds of complaints pertaining to a certain product or service to postpone or refuse payments of other products or services. At no time can Buyer hold Thormeister liable for loss of profits arising from any claim.

Warranty
7.1 Thormeister provides a warranty of 20 years on Product, if Product was used under normal conditions and treated with reason and care.
7.2 Thormeister does not warrant Buyer or end user against defects in materials or workmanship of the installation of the Product. Thormeister shall compensate neither Buyer nor the end user for installation and/or de-installation of the Product, even if installation and/or de-installation is needed due to defects in materials or workmanship of the Product which are covered under the official warranty of the Product.
7.3 Warranty claims are subject to inspection and approval by Thormeister.
7.4 Thormeister reserves the right to deny warranty claims due to improper installation, misuse, or neglect.
7.5 Normal wear and tear, damage caused by accidents, acts of nature, or unauthorized modifications are not covered under warranty.
7.6 Warranty claims must be submitted within the specified warranty period.
7.7 Thormeister's liability under the warranty is limited to repair, replacement, or refund of the defective product at its discretion.

Payment and security deposit
8.1 Unless expressly agreed otherwise in writing, payment for Product must be made prior to delivery.
8.2 In the event of invoiced payments, Thormeister is entitled at all times to demand that Buyer provides sufficient security, irrespective of whether a payment term has been agreed. Should Buyer fail to provide sufficient security, Thormeister is entitled to suspend deliveries pursuant to any agreement.
8.3 Should Buyer fail to meet in full or in a timely fashion his obligations regarding deliveries under the agreement concluded between Thormeister and Buyer, Thormeister shall be entitled to defer fulfillment of the agreement(s) and/or to dissolve this agreement without giving a notice of default or judicial intervention in full or in part with immediate effect. In this case, Thormeister is not obliged to compensate Buyer, notwithstanding Thormeister's right to damages. In the event of above-mentioned dissolution, the debt(s) owed to Thormeister relating to these deliveries are immediately payable on demand. Thormeister is additionally entitled in such an event to defer deliveries pursuant to other agreements, irrespective of whether Buyer has satisfied his obligations under the relevant agreement.
8.4 Should Buyer fail to meet in full or in a timely fashion his payment obligations, Buyer will be charged interest on the outstanding amounts from the due date equal to the 12 month ‘interbank interest rate’ plus 7 percentage points, on an annual basis. Buyer will furthermore be charged all judicial and extra-judicial costs, including costs incurred by Thormeister for legal assistance and legal advice. Extra-judicial costs amount to 15% of the owed sum without prejudicing Thormeister's right to additional debt collection charges and without prejudicing Thormeister's other claims to reimbursement of costs and damage.

Software property
9.1 All software belonging to (one of the components of) Product remain the property of Thormeister regardless who Buyer purchased Product from. Buyer solely purchases the hardware part of Product, not the software itself.


Retention of title
10.1 Until the full purchase price has been settled, Thormeister has full ownership of all products delivered to Buyer. If Thormeister has carried out paid work on the delivered products on behalf of Buyer, the retention of title shall remain in force until Buyer has also satisfied this claim. The retention of title shall also apply as long as Buyer has not settled his debts arising from a failure to perform his duties, including interest, costs and fines.
10.2 Payments owed by Buyer serve first and foremost to pay overdue interest and costs owed by Buyer, as well as payments which are due and payable and most overdue, irrespective of whether Buyer has specified that the payment relates to a later or other invoice.
10.3 Should Buyer fail to satisfy all the obligations contained in its agreement with Thormeister in a full or timely fashion, Thormeister is entitled to take back the products delivered under retention of title and, if Buyer does not allow access, to gain access to the area(s) in which the products are stored. Where necessary, Thormeister is irrevocably authorized to access these areas, irrespective of location. Buyer will be issued with a credit note for the market value of the relevant products, which shall not exceed the original invoiced purchase price, less costs of redemption.
10.4 With regard to the delivered products that have been passed into the ownership of Buyer following payment and are still in the possession of Buyer, Thormeister reserves a right of pledge. Buyer declares that he is authorized to pledge these products, unless Buyer declares otherwise in a written notification to Thormeister within five (5) working days following the invoice date for the relevant products, in which case Thormeister is entitled to defer all further deliveries to Buyer and/or dissolve the agreements, and take back all products delivered under ownership rights.
10.5 The Buyer is not permitted to pledge the products delivered by Thormeister to a third party or to grant rights to a third party, with the exception of the provisions of 10.6.
10.6 Buyer is entitled to sell and deliver to a third party those products delivered under retention of title as part of his normal business operations.

Labels, specifications, trademarks and product
11.1 Buyer is not entitled to remove, damage and/or alter any labels and type and identification specifications applied to the products.
11.2 Buyer hereby declares to use the 'Thormeister' brand and other trademarks and/or type specifications used by Thormeister solely in connection with products marketed by Thormeister under the Thormeister label, and not to use them in connection with other products or brands. All rights to the trademarks used by Thormeister will remain with Thormeister, thus do not transfer to Buyer in any way.
11.3 Buyer is not entitled to copy, reproduce or modify the Product in any way, or have that done through a third party.

Force majeure
12.1 Thormeister is entitled at all times to defer delivery of products and/or services in the event of force majeure on the part of Thormeister, without being obliged to pay damages.
12.2 Thormeister is entitled to invoke force majeure if Thormeister is hindered in fulfilling its obligations or preparations thereof as a result of circumstances beyond the control of Thormeister. These include extreme weather conditions, fire and storm damage, theft, transport delays, unforeseen circumstances hindering suppliers or other third parties acting on behalf of Thormeister, government measures, and all other circumstances affecting Thormeister's normal business operations.

Kind of businesses served and internet sales
13.1 Buyer expressly agrees not to, directly or indirectly, export the Product.
13.2 In the event that Buyer violates article 13.1, Thormeister may immediately terminate its deliveries to Buyer, upon which Buyer will not have any right to claim damages against Thormeister. Thormeister will have the right to claim damages against Buyer for, including, but not limited to, potential image damages and trading losses.
13.3 Without the written consent of Thormeister, Buyer is not allowed to, directly or indirectly, sell the Product via the internet.

Declaration of nullity
14.1 In the event that any of the stipulations of these Terms are declared null and void, the remaining stipulations will remain unimpaired.
14.2 Any invalid stipulation is regarded as replaced by a valid stipulation which is as close as possible to the economic and commercial meaning and purpose of the replaced stipulation.

Governing Law, Dispute Resolution, Divisibility
15.1 All agreements between Thormeister and Buyer are governed by Dutch and E.U. law.
15.2 Parties agree that, for as much as allowed by judicial law, all court proceedings will be held at the competent court in Amsterdam, The Netherlands, unless, and at Thormeister's sole discretion, otherwise elected by Thormeister. Should any stipulation of this agreement or any part thereof be declared null and void or otherwise non-binding by a competent court, the other stipulations of this agreement shall remain in full force.


For inquiries or further information, please contact Thormeister at [contact information].


V1.0 - February 2024

BY USING THE THORMEISTER WEBSITE, YOU AGREE TO THESE SITE TERMS.

IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE.


Ownership of Site & Agreement to Terms
These Site Terms of Services ('Terms') apply to the Thormeister website to be found at www.thormeister.com and all associated sites referenced in www.thormeister.com by Thormeister, its subsidiaries and affiliates, including Thormeister sites around the world (collectively, 'The Site'). The Site is the property of Thormeister ('Thormeister') and its licensors.

At its sole discretion, Thormeister reserves the right to alter, remove, or add parts of these Terms, at any time. It is your responsibility to check the Terms from time to time for alterations. Your continued use of the Site will mean that also in the future you accept and agree to the alterations, even if and when the Terms have changed. If you comply with the Terms, and only for the duration that you are in full compliance with the Terms, Thormeister grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

FUNCTIONALITIES & LEGALITY
All product functionalities shown and/or mentioned and/or discussed and/or made available on this website ('Functionalities') may be legal in one area, but not in another. Per area (region, country, state, province), we try to make available only those Functionalities that we judge are allowed for use in that specific area. However, we are no legal experts and our judgment should therefore never be construed as a guarantee or assessment by a legal professional. With the use of the Site comes your agreement that when putting to use a Thormeister product our User Agreement applies. This User Agreement specifically states that i) when using a Thormeister product you expressly agree that it is your responsibility at all times to remain informed of all currently applicable laws and regulations, and that it is solely your responsibility and obligation to comply with these laws and regulations, and ii) you expressly agree that you shall not hold Thormeister liable or responsible for the unauthorized, unlawful and/or illegal use of Thormeister Product and corresponding software, nor for any other violation of the currently applicable laws and regulations committed by you.

Content
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Thormeister or its content suppliers and protected by Dutch and international copyright laws and regulations.

Your Use of the Site
You may use this Site and its Content only for lawful purposes. By using the Site you agree not to alter or delete any ownership notices from materials downloaded, printed or otherwise obtained from or via this Site. You agree not to alter, copy, broadcast, display, distribute, translate, perform, frame, reproduce, republish, download, post, transmit, rent out, or sell any content available through the Site.

Furthermore, you agree not to employ any data gathering methodology such as but not limited to data mining, roboting, scraping (including screen-scraping). You agree not to do anything that may compromise the security of the Site, make the Site inaccessible to others or otherwise damage the Site or its Content.
Thormeister reserves the right to bar you from accessing the Site if Thormeister suspects - at its sole discretion - that you have violated these Terms.

References to Other Sites and to the Thormeister Site
This Site may contain links to other independent third-party websites (“Referenced Sites”). These Referenced Sites are provided solely as a service to our visitors. Such Referenced Sites are not under Thormeister’s control, and Thormeister is not responsible for the content of such Referenced Sites, including any information or materials contained on such Referenced Sites. You will need to make your own independent judgment regarding your interaction with these Referenced Sites.

Disclaimers
The Site and all content, materials, products and services available through THE SITE ARE PROVIDED ON AN “AS IS” (INCLUDING ALL MISTAKES AND DEFECTS) AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. Thormeister DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. Thormeister MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT IS FREE FROM MISTAKES, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. Thormeister MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN ALL COUNTRIES, OR EVEN IN ALL AREAS WITHIN COUNTRIES WHERE IT WOULD BE APPLICABLE OR APPROPRIATE. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITES WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK.

LIMITATION OF LIABILITY
Thormeister SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE SITE OR THE CONDUCT OF OTHER SITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A Thormeister EVENT OR ANY USER GENERATED CONTENT, EVEN IF Thormeister HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST Thormeister FOR USE OF THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. REGARDLESS, IF Thormeister IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE OR ANY CONTENT, Thormeister'S LIABILITY SHALL NOT EXCEED EUR100. IF APPLICABLE LAW IN YOUR JURISDICTION DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ALL THE ABOVE LIABILITY TERMS THAT ARE ALLOWED WILL APPLY.

PRODUCT ORDERS
All orders placed through the Site are subject to Thormeister's acceptance. This means that Thormeister may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If you already paid for an order that is later cancelled, Thormeister will issue you a refund.

Indemnity
You agree to indemnify, defend and hold harmless Thormeister and each related party (collectively, the “Indemnified Parties“), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys’ fees and other dispute resolution expenses) (“Claim”) incurred by any Indemnified Party arising out of or relating to your (i) violation or breach of any of the Terms or any policy or guidelines referenced herein, (ii) use or misuse of the Site, (iii) violation of any law, rule, regulation or rights of others in connection with your use of the Site, (iv) use or disclosure of another person’s personal, financial or credit information or (v) infringement, violation or misappropriation of any copyright, trade secret, or any other intellectual property rights or the violation of any property or privacy right arising from any of the Content that you post on the Site, or have taken, or derived, from the Site.

Violation of these Terms
You expressly agree that Thormeister may use and disclose any information we have about you (including your identity) if Thormeister determines that such use and/or disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Thormeister’s rights or property, or the rights or property of visitors to or users of the Site.

Also, you agree that Thormeister has the right to preserve any communication by you with Thormeister through the Site or any service offered on or through the Site, and also to disclose such data if required to do so by law or if Thormeister determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, en (3) protect the rights, property and/or personal safety of Thormeister, its employees, customers, and users of the Site.

You agree that Thormeister may, in its sole discretion and without prior notice, terminate your access to the Site, for cause.

Governing Law, Dispute Resolution, Divisibility
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by Dutch and E.U. law. You agree that, for as much as allowed by judicial law, all court proceedings will be held at the competent court in Amsterdam, The Netherlands, unless, and at Thormeister's sole discretion, otherwise elected by Thormeister. Should any stipulation of this agreement or any part thereof be declared null and void or otherwise non-binding by a competent court, the other stipulations of this agreement shall remain in full force.


V1.0 - February 2024

Your privacy is important to us. Here's how we handle your information...

Information Collection: We collect basic information you provide when you visit our website, such as your name and email address, to improve your experience and communicate with you effectively.

Information Usage: We use your information to personalize your experience, improve our products and services, and communicate with you about updates and promotions. We do not sell your information to third parties.

Data Security: We take reasonable measures to protect your information from unauthorized access, disclosure, alteration, or destruction.

Cookies: We may use cookies to enhance your browsing experience and track usage patterns on our website. You can choose to disable cookies in your browser settings, but this may affect certain functionalities of the website.

Third-Party Links: Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of these websites.

Updates: We may update our privacy statement from time to time. Any changes will be reflected on this page.

By using our website, you consent to the terms of this privacy statement.

If you have any questions or concerns about our privacy practices, please contact us.


V1.0 - February 2024