1. APPLICATION

These general terms and conditions apply to all orders entrusted to us. Together with the order stipulations and any special conditions, they form the sales agreement. By signing the agreement, the order form, or by accepting the order confirmation, our co-contracting party expressly acknowledges having read and accepted these general terms and conditions. These general conditions apply to all contracts concluded, even verbally, in the context of business relations after a first order.

2. DEROGATION

Only derogations agreed upon in writing by us may modify the application of these general terms and conditions of sale.

3. EXCLUSION

Unless expressly agreed in writing by us, the general purchasing or sales conditions appearing on documents issued by our clients shall not be binding on us. The transaction is always deemed to be concluded under our own conditions, and acceptance of an order does not imply our adherence to the purchaser’s conditions. The purchaser therefore expressly and irrevocably waives the benefit of its own terms in the context of relations between the parties, including future relations, unless otherwise expressly agreed in writing.

4. OFFERS

Unless otherwise stipulated in writing by us in our offer, we reserve the right to amend it as long as it has not been accepted in writing by our contracting party, notably in case of an increase in the price of goods during the validity period of the offer. Under no circumstances may we be held responsible for such modifications. Commitments made by our agents or representatives only bind our company after written confirmation by us. Such commitments are therefore systematically, unless otherwise agreed in writing, subject to a suspensive condition.

5. ORDERS

Any specifications submitted by the buyer are used for documentation purposes only and cannot be invoked against us. Any order entrusted to us is binding only after written confirmation on our part. The place of conclusion of the contract shall always be deemed to be the registered office of our company. Modifications made by the client to their order form or to our offer shall only be valid if accepted and confirmed in writing by us. Any claims regarding possible inaccuracies in our order confirmation must, under penalty of foreclosure, be sent to us in writing and by registered mail within 8 days of the confirmation. Cancellation by the client of an order not yet being executed shall automatically entail payment of a lump-sum and irrevocable indemnity equal to 25% of the total price of the order, payable to us, intended to cover administrative expenses incurred for preparing offers, correspondence, stock management, as well as our loss of profit. If the cancellation occurs after we have ordered the goods, we reserve the right either to refuse the cancellation or to claim a lump-sum and irrevocable indemnity equal to 50% of the order amount, intended to cover, in addition to the costs stated above, any penalties towards our suppliers or the forced acquisition of the goods subject to the cancelled agreement.

6. DOWN PAYMENTS

Down payments made are to be deducted from the price of the order and do not constitute earnest money that would entitle the client to withdraw from the contract.

7. DELIVERY OR PERFORMANCE PERIODS

The delivery times indicated in our offers are purely indicative and carry no commitment on our part. If a deadline is essential and conditions an order, it must be clearly specified as such on the order form (explicit mention of the terms “Contractually binding deadline”). Even in this case, the buyer may only claim compensation for delay if such compensation was agreed in writing in advance, the amount of which may never exceed 10% of the total price of the order. In all cases where a mandatory delivery or performance deadline, with penalties, is agreed upon, exceptional circumstances or force majeure (such as war, civil unrest, fire, transport disruptions, strikes, defaults by our subcontractors or suppliers, etc. – this list not being exhaustive) entitle us either to revise our deadlines or to cancel the contract, without the buyer being entitled to any compensation.

8. DELIVERIES – TRANSPORT

Goods subject to a contract must be collected by the buyer at our company’s registered office, within the agreed timeframe. If delivery is contractually our responsibility, this obligation must be explicitly stated in writing on the order form, specifying the place of delivery. Deliveries are carried out by the means of our choice, unless otherwise agreed in writing. In the case of delivery by us, the goods travel at the client’s cost, risk, and peril, unless fraud is attributable to us.

9. RETENTION OF TITLE

The seller retains ownership of the goods sold until full payment of the price and its accessories (possible costs, interest, and penalties). Consequently, the buyer is expressly prohibited from selling, assigning, pledging, or otherwise disposing of the goods subject to the contract before full payment, under penalty of prosecution, notably under Articles 491, 521, 522, and 523 of the Penal Code.

10. PAYMENT

All our prices are exclusive of VAT. Orders are deemed to have been placed at our registered office and invoices are payable there, without discount. Amounts due by our clients are therefore contractually payable at our office and not collectible elsewhere. Accepted or non-accepted drafts or bills of exchange do not constitute novation or derogation from this clause. Payment must be made according to the invoice data, without charges for us, VAT included, and within the stipulated deadline. Unless otherwise indicated, payment must be made in full, without delay. Claims do not suspend the buyer’s payment obligations, and the latter expressly waives the right to invoke the exception of non-performance against us for any reason, even in the case of successive contracts.

In accordance with applicable legal provisions in certain regions, concerning the take-back obligation for used photovoltaic panels, we will charge, as a separate item on the invoice, an environmental contribution related to products falling within the scope of the relevant regulations. Usual discounts, including those mentioned in our general terms of sale, do not apply to these environmental contributions.

11. PROVISION OF GUARANTEE AND SUSPENSION OF DELIVERY

Regardless of the agreed payment terms, the buyer authorizes us to request a bank guarantee or other guarantee before delivery, ensuring performance of its payment obligations. As long as the buyer has not provided such guarantee, we are entitled to suspend any subsequent deliveries. The same applies, in the case of successive contracts, as long as the buyer has not fulfilled its payment obligations regarding previous deliveries. We also reserve the right, in case of non-payment or late payment of an invoice, to cancel pending deliveries or works, without the client being entitled to any compensation. In such case, the client shall remain liable for the indemnities stipulated in Article 5 of these general terms and conditions.

12. ACCELERATION CLAUSE

In the event of non-payment of an invoice on its due date, the seller is entitled to invoke the acceleration of maturity for all other outstanding invoices, which shall become immediately payable, without notice and automatically.

13. DEFAULT OF PAYMENT

Any sum unpaid at its due date shall automatically bear, without prior notice, a conventional default interest equal to the legal rate increased by 5% (example: 7% + 5% = 12%) per year from the invoice due date. Furthermore, any sum unpaid at its due date shall be increased automatically and without prior notice by a lump-sum, irrevocable indemnity equal to 10% of the outstanding balance, with a minimum of €75, without prejudice to any other damages and/or interests. A conventional interest at the above rate shall also apply to this penalty clause, from the invoice due date until full payment. Any partial payment shall be applied first to costs, then to accrued interests, and lastly to principal, in accordance with Article 1254 of the Civil Code, notwithstanding the content of any previous statement or allocation. The above 10% penalty clause may also be invoked by the consumer, as defined by the Law of 14.07.1991, in the event the seller fails to deliver the goods or perform the works under the contract.

14. TERMINATION – CANCELLATION

The above provisions do not prevent us from claiming, at our discretion, in the event of non-payment or non-compliance by our co-contracting party with its contractual obligations, termination or cancellation of the sale with compensation for damages. In such case, the buyer shall remain liable for the indemnities stipulated in Article 5 of these general terms and conditions.

15. ACCEPTANCE – WARRANTY – LIABILITY

Goods shall be deemed accepted by the buyer no later than five calendar days after delivery, unless a precise and detailed claim is notified to us within this period by registered letter. Acceptance covers all apparent defects, i.e., those that the buyer could have detected at the time of delivery or within the following five calendar days through attentive and serious inspection, including those related to the characteristics and functioning of the goods.

As an intermediary, we do not guarantee the goods we sell against hidden defects. The buyer nevertheless benefits from the commercial warranty offered by the manufacturer or importer. When application of this warranty requires our intervention, we reserve the right to invoice the client for handling, shipping, and administrative costs incurred.

From delivery onward, we assume no responsibility other than that provided in Article 15, except in cases of fraud or gross negligence on our part. Consequently, we are not liable for any damages to persons, damage to property other than the goods sold, loss of profit, or any other prejudice resulting directly or indirectly from defects in the goods.

16. ASSIGNMENT

It is expressly agreed that our company may at any time assign to a third party its rights arising from this contract, acceptance of these terms constituting de facto and anticipatory agreement by the client to such assignment or novation. If the client wishes to contest this legal operation, they must notify both assignor and assignee by registered mail or by bailiff within 3 calendar days of becoming aware of the operation. Failing this, their silence shall confirm the prior agreement of principle contained herein.

17. JURISDICTION AND APPLICABLE LAW

Any dispute relating to the interpretation or execution of the contract shall fall under the exclusive jurisdiction of the courts of Verviers. The contract is deemed concluded under Belgian law, which is the sole applicable law governing contractual relations between the parties, notwithstanding any foreign element related to the contract.

Publisher

This website is published by:

• Company name: New Energy Lab

• Legal form: SRL

• Registered office: Rue Johannes Kepler 3/19, 1357 HELECINE

• Company number: 1027.284.537

• VAT number: BE 1027.284.537

• Telephone: +32 (0) 470/501.437

• Email address: info@new-energy-lab.com

Hosting

This website is hosted by:

• Host name: WIX

Terms of Use

The website www.new-energy-lab.com & www.new-energy-lab.be are mainly intended for professional use (B2B). Any personal or non-professional use could be prohibited. New Energy Lab reserves the right to suspend or cancel any order placed on the website by an individual acting as a consumer.

Intellectual Property

All elements of the website (texts, images, logos, graphic charters, videos, etc.) are the exclusive property of New Energy Lab srl or its partners. Any reproduction, distribution, or use without prior written authorization is strictly prohibited.

Personal Data Protection

The personal data collected through the website are processed by New Energy Lab srl for the purpose of order management, customer service, and website operation, in compliance with applicable regulations.

New Energy Lab srl complies with the legislation relating to the protection of personal data, including the General Data Protection Regulation (GDPR).

You have the right to access, rectify, object to, erase, and port your personal data. To exercise these rights, please contact us at the email address provided below.

• Data Controller: New Energy Lab srl

• Contact for exercising your rights: info@new-energy-lab.com

For more information, please consult our Privacy Policy.

Cookies

This website uses cookies to improve user experience and for analytical purposes. You can manage your preferences via our cookie manager.

For more details about each category of cookies we use (strictly necessary, performance, functionality, targeting), please consult our Cookie Policy.

Applicable Law and Jurisdiction

This website is subject to Belgian law. In the event of a dispute, the courts of Verviers shall have exclusive jurisdiction.

New Energy Lab srl operates this shop and website, including all related information, content, features, tools, products, and services, in order to provide you, as a customer, with a personalized shopping experience (hereinafter the “Services”). New Energy Lab is a store powered by WIX, which enables us to provide the Services. This Privacy Policy describes how we collect, use, and disclose your personal information when you access or use the Services, make a purchase or any other transaction, or communicate with us by any other means. In the event of any inconsistency between our Terms of Service and this Privacy Policy, this Privacy Policy shall prevail with respect to the collection, processing, and disclosure of your personal information.

Please read this Privacy Policy carefully. By accessing and using our Services, you acknowledge that you have read this Privacy Policy and understand the terms of collection, use, and disclosure of your information as described herein.

Personal information we collect or process

When we use the term “personal information,” we refer to information that identifies you or can reasonably be linked to you or another person. Personal information does not include information collected anonymously or de-identified such that it no longer identifies you or can reasonably be linked to you. We may collect or process the following categories of personal information, including inferences drawn from such information, depending on how you interact with the Services, your place of residence, and to the extent permitted or required by applicable law:

• Contact details including your name, address, billing address, shipping address, phone number, and email address.

• Financial information including credit card, debit card, and bank account numbers, payment card information, bank account information, transaction details, payment method, payment confirmation, and other payment details.

• Account information including your username, password, security questions, preferences, and settings.

• Transaction information including items you view, place in your cart, add to your wishlist, purchase, return, exchange, or cancel, as well as your past transactions.

• Your communications with us including information you include in communications with us, for example when you submit a customer service inquiry.

• Device information including information about your device, browser or network connection, your IP address, and other unique identifiers.

• Usage information including information about your interaction with the Services, such as how and when you access or interact with the Services.

Sources of personal information

We may collect personal information from the following sources:

• Directly from you, including when you create an account, access or use the Services, communicate with us, or otherwise provide your personal information to us;

• Automatically through the Services, including from your device when you use our products or services or access our websites, and through the use of cookies and similar technologies;

• From our service providers, including when we engage them to implement certain technologies and when they collect or process your personal information on our behalf;

• From our partners or other third parties.

How we use your personal information

Depending on how you interact with us or which Services you use, we may use your personal information for the following purposes:

• Provide, tailor, and improve the Services. We use your personal information to provide the Services to you, including to perform our contract with you, process your payments, fulfill your orders, remember your preferences and items of interest, send you account-related notifications, process purchases, returns, exchanges or other transactions, create, maintain, and otherwise manage your account, arrange shipments, facilitate possible returns and exchanges, enable you to post reviews, and create a personalized shopping experience—for example by recommending products related to your purchases. This may include using your personal information to tailor and improve the Services to be more relevant.

• Marketing and advertising. We use your personal information for marketing and promotional purposes, for example to send you marketing, advertising, and promotional communications by email, SMS, or postal mail, and to show you online advertisements for products or services on the Services or on other websites, including based on items you previously purchased or added to your cart, as well as your other activity on the Services.

• Security and fraud prevention. We use your personal information to authenticate your account, provide a secure payment and shopping experience, detect, investigate, or respond to fraudulent, illegal, dangerous, or malicious activity, protect public safety, and secure our services. If you choose to use the Services and create an account, you are responsible for keeping your account credentials confidential. We strongly recommend that you do not share your username, password, or any other access credentials with anyone.

• Communicate with you. We use your personal information to provide customer service, respond to your requests, deliver effective services, and maintain our business relationship with you.

• Legal reasons. We use your personal information to comply with applicable law or respond to valid legal processes, including requests from law enforcement or government authorities; to investigate or participate in civil discovery, potential or ongoing litigation, or other legal proceedings; and to enforce our terms or policies, or investigate possible violations thereof.

How we disclose personal information

In certain circumstances, we may disclose your personal information to third parties for legitimate reasons, in accordance with this Privacy Policy. These circumstances may include:

• With WIX, service providers, and other third parties that provide services on our behalf (e.g., IT management, payment processing, data analytics, customer service, cloud storage, processing and shipping).

• With business and marketing partners in order to provide you with marketing services and deliver advertisements. For example, we use WIX to enable personalized advertising through third-party services based on your online activity across different merchants and websites. Our business and marketing partners will use your information in accordance with their own privacy notices. Depending on your place of residence, you may have the right to ask us not to share information about you for the purpose of showing you targeted advertisements and marketing content based on your online activity across different merchants and websites.

• When you instruct us, request, or otherwise consent to the disclosure of certain information to third parties, for example to ship products to you or through your use of social media widgets or sign-in integrations.

• With our affiliates or more generally within our group of companies.

• In connection with a business transaction such as a merger or bankruptcy filing; to comply with any applicable legal obligation (including responding to subpoenas, search warrants, or similar requests); to enforce applicable terms of service or policies; and to protect or defend the Services, our rights, and the rights of our users or third parties.

Relationship with  WIX

The Services are hosted by WIX, which collects and processes personal information regarding your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services will be transmitted to and shared with WIX, as well as with third parties that may be located in countries other than the one in which you reside, in order to provide and improve the Services. In addition, to protect, develop, and improve our business, we use certain enhanced WIX features that integrate data and information from your interactions with our Store, with other merchants, and with WIX. To provide these enhanced features, WIX may use personal information collected from your interactions with our store, with other merchants, and with WIX. In these circumstances, WIX is responsible for processing your personal information, including responding to your requests to exercise your rights regarding the use of your personal information for these purposes. To learn more about WIX’s use of your personal information and your rights, you can consult WIX’s Consumer Privacy Policy. Depending on your place of residence, you may exercise certain rights regarding your personal information.

Third-party websites and links

The Services may provide links to websites or other online platforms operated by third parties. If you follow links to sites that are not affiliated with or controlled by us, we recommend that you review their privacy and security policies and other terms of use. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found on those sites. Information you provide in public or semi-public areas—including information you share on third-party social media platforms—may also be visible to other users of the Services and/or users of those third-party platforms without restriction on use by us or third parties. The inclusion of these links does not in itself imply any endorsement of the content of those platforms or of their owners or operators, unless otherwise indicated on the Services.

Children’s data

The Services are not intended for use by children, and we do not knowingly collect any personal information about children who have not reached the age of majority in your jurisdiction. If you are a parent or legal guardian of a child who has provided personal information to us, you may contact us using the details below to request deletion. As of the effective date of this Privacy Policy, we are not aware that we “share” or “sell” (as defined by applicable law) personal information about individuals under the age of 16.

Security and retention of your information

Please note that no security measure is perfect or infallible, and we cannot guarantee “perfect security.” In addition, any information you send to us may not be secure during transmission. We recommend that you do not use unsecured channels to communicate sensitive or confidential information to us.

The retention period for your personal information depends on various factors, such as the need to keep such information to manage your account, provide the Services, comply with our legal obligations, resolve disputes, or enforce any other applicable contract or policy.

Your rights and choices

Depending on your place of residence, you may have some or all of the rights listed below regarding your personal information. However, these rights are not absolute, may apply only in certain circumstances, and in some cases we may deny your request within the limits permitted by law.

• Right of access/right to information. You may have the right to request access to personal information we hold about you.

• Right to erasure. You may have the right to request deletion of personal information we hold about you.

• Right to rectification. You may have the right to request correction of inaccurate personal information we hold about you.

• Right to portability. You may have the right to receive a copy of personal information we hold about you and to request its transfer to a third party, in certain circumstances and with certain exceptions.

• Communication preferences. We may send you promotional emails. You may opt out at any time by using the unsubscribe option included in our emails. If you unsubscribe, we may still send you non-promotional emails, for example regarding your account or orders you have placed.

If you reside in the United Kingdom or the European Economic Area, and subject to exceptions and limitations provided by local law, you may exercise the following rights in addition to those listed above:

• Object to processing and restrict processing. You may have the right to ask us to stop or restrict processing of your personal information for certain purposes.

• Withdraw consent. Where we rely on your consent to process your personal information, you have the right to withdraw that consent. If you withdraw your consent, the lawfulness of processing based on your consent before its withdrawal will not be affected.

You can exercise these rights in the locations provided within the Services or by contacting us. 

We will not penalize you for exercising any of these rights. We may need to verify your identity before we can process your requests, within the limits provided or permitted by applicable law. In accordance with applicable law, you may designate an authorized agent to request to exercise your rights on your behalf. Before accepting such a request from an agent, we will require the agent to provide proof of the authorization you have given them to act on your behalf, and we may ask you to verify your identity directly with us. We will respond to your request within the timeframes required by applicable law.

Complaints

If you wish to lodge a complaint regarding our processing of your personal information, please contact us using the contact details below. Depending on your place of residence, you may have the right to appeal our decision by contacting us at the contact details below, or by filing a complaint with the competent data protection authority in your region. For the EEA, you will find a list of supervisory authorities responsible for data protection there.

International transfers

Please note that we may transfer, store, and process your personal information outside the country in which you reside.

If we transfer your personal information outside the European Economic Area or the United Kingdom, we will rely on recognized transfer mechanisms, such as the European Commission’s Standard Contractual Clauses, or where applicable any equivalent contract issued by the competent UK authority, unless the data transfer is made to a country recognized as providing an adequate level of protection.

Changes to this Privacy Policy

We may update this Privacy Policy at any time, including to reflect changes in our practices or for other operational, legal, or regulatory reasons. We will post the revised Privacy Policy on this website, update the “Last Updated” date, and provide notice in accordance with applicable law.hts, please  email us at zian.cattoul@ecostalgroup.com, or contact us at Rue du Relais 1, Soumagne, 4632, BE. For the purposes of applicable data protection law, we are the controller of your personal information