General Terms and Conditions – Toimix B.V. and Consumers
Adopted 22 February 2025
1. Applicability of General Terms and Conditions
1. These general terms and conditions apply to the following agreements that Toimix B.V. enters into with you as a consumer (or here and further in the document referred as “client”):
• Purchase, installation and maintenance of solar panels;
• Purchase,installation and maintenance of a heatpump and boilers;
• Purchase, installation and maintenance of a home battery;
• Purchase,installation and maintenance of a charging station;
• Purchase, installation and maintenance of a air-cooling home equipment and ventilation;
2. Toimix B.V. reserves the right to amend these general terms and conditions. If any changes are made during the term of the agreement, Toimix B.V. will provide you with the updated terms and conditions. If you do not agree with the changes, you have the right to cancel your agreement with Toimix within two weeks from the date the new terms and conditions are sent to you, by sending notification to the Toimix B.V. email: info@toimix.nl or any other staff emails with extension @toimix.nl.
2. Offer
1. Toimix B.V. is sending an offer to the client digitally. The offer is generally valid for 14 days from the date stated on the document, if no other validity date is stated on the offer. The offer clearly specifies which product you are purchasing, the respective installation or maintenance works performed and the price.
2. These general terms and conditions are an integral part of the offer made by Toimix B.V..
3. The price stated in the offer includes VAT, fees, surcharges, and any other applicable taxes. The offer may include information regarding any subsidy the client could receive following installation. The subsidy amount and any related details (including reference numbers) are provided for informational purposes only. Toimix B.V. assumes no responsibility or liability for the actual receipt, success, or failure of the subsidy.
4. Toimix B.V. provides pricing based on the rates applicable at the time of the offer. If prices increase after the agreement has been concluded—due to factors such as higher material costs, taxes, or other price changes— Toimix B.V. has the right to pass these increases on to you. Toimix will notify you in writing of any price increase as soon as possible. If a price increase occurs within three months of signing the agreement and the delivery is scheduled within that period, you have the right to cancel the agreement. However, if the agreed delivery period exceeds three months, you do not have the right to cancel due to the price increase.
5. If installing the product at your chosen location poses any risks, Toimix B.V. will inform you of these risks in the offer. If you decide to proceed with the installation despite being aware of these risks and sign the offer for approval, you also accept full responsibility for any resulting damage. Toimix B.V. will not be liable for any damages arising from the installation in such cases.
6. Toimix B.V. reserves the right to refuse to enter into a purchase and installation or maintenance agreement without providing a reason and without being liable for any compensation or damages.
7. If you request any modifications to the original offer from Toimix B.V., these changes will only be considered part of the final agreement if Toimix B.V. explicitly confirms acceptance of the modifications in writing.
3. Formation of the Agreement and Right of Withdrawal
1. An agreement between you and Toimix B.V. is established once you digitally sign the offer and these general terms and conditions is deemed to be accepted by you. The agreement includes the purchase of the product, along with any associated materials, and, if applicable, the installation service or maintenance service.
2. Toimix B.V. has the right to fulfill the agreement in separate stages. This will always be done in consultation with you.
3. In case of installation Toimix B,V, orders the equipment specifically for your offer. As long as the product has not been delivered or the equipment for installation has not been ordered by Toimix B,V, from the third parties, you have the right to withdraw from the agreement within 14 days of signing, free of charge and without stating a reason. You must do this by completing the withdrawal form and sending it by post to Toimix B.V..
4. Toimix B.V. will confirm receipt of the withdrawal form within 48 hours of receiving it.
4. Additional Work
If, during the installation of the product or maintenance, unforeseen circumstances arise that Toimix B.V. was not aware of and could not have anticipated, requiring additional work, Toimix B.V. will inform you of the associated costs. The installation work will only proceed once you have provided written confirmation that you agree to the costs of the additional work.
5. Inspection
1. Before making an offer, Toimix B.V. will first assess whether your property is suitable for installing the product by conducting a physical inspection and conduct inquires to a property owner or his/her representative. During the inspection, Toimix B.V. has a right to take photos of your property in order to prepare an installation plan. You remain fully responsible for ensuring that your property is suitable for the installation of the product.
2. The cost of physical inspection is €50 (excluding VAT). If the inspection confirms that your property is suitable and you proceed with an agreement with Toimix B.V., the inspection costs will not be charged to you, unless you exercise your right of withdrawal under Article 3 of these terms. If the inspection determines that your property is not suitable for installation or you decide not to proceed with an agreement, the inspection costs of €50 (excluding VAT) will be charged to you.
3. The inspection is not a structural or technical assessment of your property; it only determines whether and where the product can be installed. No rights can be derived from the inspection. The responsibility and risk for the suitability of your property remain entirely with you. This means that you are responsible for ensuring that your roof is suitable for solar panels or that a home battery, heatpump and boiler, charging station or air-conditioning equipment can be installed in or around your property.
4. All drawings and calculations made by Toimix B.V. remain the property of Toimix B.V. and are not part of the agreement you enter into. You are not permitted to allow third parties to use these drawings or calculations. Toimix B.V. accepts no liability in this regard.
6. Obligations of Toimix B.V.
1. Toimix B.V. will carry out the work properly and in accordance with the terms of the agreement, ensuring compliance with all applicable legal regulations at the time of installation. If, during installation, it becomes apparent that:
A. There are defects in your property that prevent installation, and/or
B. The information provided by you (or on your behalf) is incorrect, making installation impossible,
2. Toimix B.V. has the right to suspend the installation until the necessary conditions are met. Toimix B.V. is also entitled to charge you for any costs or damages resulting from the delay. If Toimix B.V. is unable to resume work within three months, it has the right to terminate the agreement without court intervention.
3. Once Toimix B.V. has completed the installation, it will conduct a final inspection with you. A completion report will be prepared, listing any outstanding issues, deficiencies, or damages (if any). By receiving this report and not responding with any claims within 14 days after receipt, you explicitly confirm your acceptance of the installed products and the manner in which the installation was carried out, except for any issues noted in the report.
7. Your Obligations
1. Upon request, you must provide Toimix B.V. with all written information necessary to assess whether the product can be installed (remote inspection).
2. Toimix B.V. will send you a questions outlining the required information. While this list is carefully prepared, it may not be exhaustive. It is your responsibility to provide all relevant information.
3. If you withhold or provide incorrect/incomplete information, preventing Toimix B.V. from carrying out the installation properly, this will be at your own risk and expense. Toimix B.V. will not be liable for any damages suffered by you or third parties as a result. Any losses incurred by Toimix B.V. due to incorrect or incomplete information will be charged to you.
4. On the day of delivery and installation, you must ensure that everything is ready so Toimix B.V. can begin work immediately. You are responsible for preparing the workspace and fulfilling any prior agreements so that the installation team can work efficiently. The area where work is to be done must be cleared and cleaned beforehand. Any necessary electricity and water must be provided free of charge.
5. Your electrical system must comply with NEN1010 regulations. If it does not meet these standards on the day of installation and Toimix B.V. needs to make adjustments, the costs will be charged to you.
6. If required, you must obtain all necessary permits or approvals for the installation (e.g., permits for monuments, protected cityscapes, scaffolding, or neighbor consent).
7. If Toimix B.V. needs to use ladders, scaffolding, or lifting equipment for installation, you are responsible for ensuring the ground is strong enough to support them. Toimix B.V. is not liable for damage to driveways, gardens, green spaces, or other surfaces unless the damage results from intentional misconduct or gross negligence.
8. Before Toimix B.V. installs solar panels, you must ensure that the roof is free of asbestos.
9. You must check with your network operator whether your main electricity meter can handle the total power output from the solar panels and whether it is compatible with energy feedback to the grid. Toimix B.V. is not responsible if your meter is unsuitable, and any necessary upgrades will be at your expense.
10. If Toimix B.V. is installing solar panels, you must provide at least 15 spare roof tiles and one ridge tile on the day of installation. If more than 15 tiles or one ridge tile break during installation, Toimix B.V. will cover the cost of the additional broken tiles.
11. You must ensure a properly functioning internet connection and sufficient WiFi signal strength.
12. If you do not meet your obligations, Toimix has the right to postpone or cancel the installation on the scheduled day. Any damages or costs incurred by Toimix due to this delay will be charged to you. In this case, you are not entitled to cancel the agreement.
13. You must use the product only for its intended purpose.
14. You are not allowed to modify the product or installation yourself. If you do, both the manufacturer’s warranty and Toimix B.V.’s warranty will become void.
15. If you plan to supply energy back to your energy provider, you must register at www.energieleveren.nl.
16. You must check the product's performance monthly. If you notice a defect, you must report it to Toimix B.V. in writing immediately following the maintenance agreement terms, but no later than two weeks after discovering the issue. Failure to do so will release Toimix B.V. from liability for any damage occurring between the time the defect arose and the time you report it.
17. If a defect occurs, you must allow Toimix B.V. a reasonable time to repair it. Terms and conditions on repair work is handled by the maintenance agreement, which should be signed separately between you and Toimix B.V..
8. Delays in Starting or Continuing Work
1. If you are unable to meet the agreed delivery date, you may reschedule free of charge up to three days before the original delivery date. If you request a date change less than three days before the scheduled delivery, Toimix B.V. may charge you for the costs incurred due to the delay.
2. If Toimix B.V. is unable to meet the agreed delivery or installation date due to its own fault, you have the right to send Toimix B.V. a formal notice of default and demand that the company fulfill its obligations within four weeks. This notice must be sent to Toimix B.V. both by registered mail and regular post.
3. If Toimix B.V. fails to deliver or install the product within the additional four-week period, you have the right to terminate the agreement by sending a registered letter.
• If Toimix B.V. has already delivered the product, you must return it undamaged. Toimix will arrange for the product to be collected.
• If Toimix B.V. has started the installation but has not completed it, you must also return the product, and Toimix will restore any changes made to your property. Any damage caused will be compensated by Toimix B.V..
• Alternatively, you may choose partial termination, meaning you keep the product (and pay for it) but arrange for installation by a third party. If you choose this option, Toimix B.V. is not responsible for any damages caused by improper installation by the third party.
4. If Toimix B.V. is unable to fulfill its obligations due to permanent force majeure (meaning an unavoidable situation beyond Toimix B.V.’s control, such as legal restrictions or unforeseen external factors), you have the right to terminate the agreement.
• If the product has already been delivered, you must return it undamaged, unless you opt for partial termination and choose to keep it.
• Toimix B.V. will collect the product, but no compensation will be owed to you.
5. If Toimix B.V. faces temporary force majeure (a delay due to temporary external circumstances beyond its control), it has the right to extend the delivery/installation period until the situation is resolved.
• If the delay lasts longer than three months, either party may terminate the agreement without compensation.
• If the product has already been delivered, you must return it undamaged, unless you opt for partial termination and choose to keep it.
• Toimix B.V. will collect the product, but no compensation will be provided.
9. Liability
1. If Toimix B.V. or any third parties engaged by Toimix B.V. cause damage to you in the execution of the agreement, Toimix B.V. is liable only up to the amount covered by its insurance. If the insurer does not cover the damage, liability is limited to a maximum of €20,000 per incident, unless the damage cannot be attributed to Toimix B.V. or its subcontractors.
2. Due to the nature of installation work, minor damage to walls, paintwork, or similar surfaces may occur. Toimix B.V. is not liable for such damages.
3. Once the product has been delivered and installed, all risks transfer to you. Toimix B.V. is no longer responsible for any defects that were visible or known at the time of installation.
4. Any estimated energy output of the solar panels, heatpumps or boiler stated in Toimix B.V.’s offer is a projection only. If the expected performance is not met, you cannot claim compensation for underperformance, and Toimix B.V. is not liable for this.
5. Toimix B.V. is not liable for lost electricity production if the cause is not attributable to Toimix B.V..
6. Toimix B.V. is not liable if the solar panels underperform due to shading effects.
7. Toimix B.V. is not responsible for malfunctions in your electrical system or electrical devices after the replacement of a distribution board, unless the issue is directly caused by a defect in the new board or its installation.
8. If Toimix B.V. replaces a distribution board, Toimix B.V. is never liable for any electrical failures—even if they are caused by the new board.
9. Toimix B.V. is not liable for any damage caused by risks that you have explicitly accepted as per Article 2.5.
10. Payment and Retention of Ownership
1. Toimix B.V. will invoice you as follows, if not stated otherwise on an offerta/agreement:
• 50% of the agreed price will be invoiced within 14 days after you have signed the agreement with Toimix B.V..
• 50% of the agreed price will be invoiced after the installation and completion of the product.
2. All invoices must be paid within 8 days from the invoice date.
3. If the first invoice (50% deposit) is not paid on time, Toimix B.V. has the right to postpone the delivery and installation of the product until the invoice is paid.
4. You cannot claim any warranty (see Article 12) until all invoices have been paid in full.
5. If payment is overdue, Toimix B.V. is entitled to charge interest at the statutory rate (Article 6:119 Dutch Civil Code).
6. If Toimix B.V. needs to engage a third party to collect the outstanding payment, all extrajudicial collection costs will be charged to you. These costs will be calculated according to the BIC (Dutch Extrajudicial Collection Fees Scale). If legal proceedings are necessary, all court costs will also be charged to you if the court orders you to pay.
7. The delivered product remains the property of Toimix B.V. until you have paid the invoice in full. Until full payment is made, you are not allowed to sell, transfer, or encumber the product in any way.
8. If you fail to make payment, Toimix B.V. has the right to terminate the agreement, dismantle, and retrieve the product. All costs associated with this process will be charged to you.
11. Your Right to Suspend Payment
If the product or installation does not comply with the terms of your agreement with Toimix B.V., you have the right to temporarily suspend payment. However, the amount you withhold must be reasonable and proportionate to the issue or defect identified.
12. Warranty
1. Toimix B.V. provides a warranty on the product and installation, provided it is used normally and installed correctly. The specific warranty terms are outlined in your agreement with Toimix B.V..
2. The warranty becomes void if you or any third parties (other than those authorized by Toimix B.V.) carry out work or repairs on the product.
3. The warranty also becomes void if the product is damaged due to improper or careless use, or if it is used in a way that contradicts the instructions, guidelines, or advice provided by Toimix B.V..
4. Toimix B.V.does not provide a performance guarantee for energy output. Any projected energy output stated in the agreement is only an estimate, based on the conditions known at the time the forecast was made.
13. Disputes
1. The agreement between you and Toimix B.V. is governed exclusively by Dutch law.
2. Any disputes arising from the agreement may only be submitted to a Dutch court.
14. Changes to the General Terms and Conditions
1. Toimix B.V. reserves the right to modify or update these General Terms and Conditions from time to time in order to reflect changes in our services, business practices, or legal requirements. These updates will be effective immediately upon posting on our website or upon notifying you directly via email or other communication channels.
2. We will make every effort to inform you of any significant changes to these terms. It is important that you review the updated terms regularly to stay informed about any adjustments that may affect your agreement with us.
3. If you do not agree with any changes, you may notify us within 14 days after the notice or update is sent. In such cases, you may choose to terminate the agreement without penalty, provided the termination occurs before the new terms take effect. Otherwise, continued use of our services will be deemed as acceptance of the updated terms.
Adopted 22 February 2025
1. Applicability of General Terms and Conditions
1. These general terms and conditions apply to the following agreements that Toimix B.V. enters into with you as a consumer (or here and further in the document referred as “client”):
• Purchase, installation and maintenance of solar panels;
• Purchase,installation and maintenance of a heatpump and boilers;
• Purchase, installation and maintenance of a home battery;
• Purchase,installation and maintenance of a charging station;
• Purchase, installation and maintenance of a air-cooling home equipment and ventilation;
2. Toimix B.V. reserves the right to amend these general terms and conditions. If any changes are made during the term of the agreement, Toimix B.V. will provide you with the updated terms and conditions. If you do not agree with the changes, you have the right to cancel your agreement with Toimix within two weeks from the date the new terms and conditions are sent to you, by sending notification to the Toimix B.V. email: info@toimix.nl or any other staff emails with extension @toimix.nl.
2. Offer
1. Toimix B.V. is sending an offer to the client digitally. The offer is generally valid for 14 days from the date stated on the document, if no other validity date is stated on the offer. The offer clearly specifies which product you are purchasing, the respective installation or maintenance works performed and the price.
2. These general terms and conditions are an integral part of the offer made by Toimix B.V..
3. The price stated in the offer includes VAT, fees, surcharges, and any other applicable taxes. The offer may include information regarding any subsidy the client could receive following installation. The subsidy amount and any related details (including reference numbers) are provided for informational purposes only. Toimix B.V. assumes no responsibility or liability for the actual receipt, success, or failure of the subsidy.
4. Toimix B.V. provides pricing based on the rates applicable at the time of the offer. If prices increase after the agreement has been concluded—due to factors such as higher material costs, taxes, or other price changes— Toimix B.V. has the right to pass these increases on to you. Toimix will notify you in writing of any price increase as soon as possible. If a price increase occurs within three months of signing the agreement and the delivery is scheduled within that period, you have the right to cancel the agreement. However, if the agreed delivery period exceeds three months, you do not have the right to cancel due to the price increase.
5. If installing the product at your chosen location poses any risks, Toimix B.V. will inform you of these risks in the offer. If you decide to proceed with the installation despite being aware of these risks and sign the offer for approval, you also accept full responsibility for any resulting damage. Toimix B.V. will not be liable for any damages arising from the installation in such cases.
6. Toimix B.V. reserves the right to refuse to enter into a purchase and installation or maintenance agreement without providing a reason and without being liable for any compensation or damages.
7. If you request any modifications to the original offer from Toimix B.V., these changes will only be considered part of the final agreement if Toimix B.V. explicitly confirms acceptance of the modifications in writing.
3. Formation of the Agreement and Right of Withdrawal
1. An agreement between you and Toimix B.V. is established once you digitally sign the offer and these general terms and conditions is deemed to be accepted by you. The agreement includes the purchase of the product, along with any associated materials, and, if applicable, the installation service or maintenance service.
2. Toimix B.V. has the right to fulfill the agreement in separate stages. This will always be done in consultation with you.
3. In case of installation Toimix B,V, orders the equipment specifically for your offer. As long as the product has not been delivered or the equipment for installation has not been ordered by Toimix B,V, from the third parties, you have the right to withdraw from the agreement within 14 days of signing, free of charge and without stating a reason. You must do this by completing the withdrawal form and sending it by post to Toimix B.V..
4. Toimix B.V. will confirm receipt of the withdrawal form within 48 hours of receiving it.
4. Additional Work
If, during the installation of the product or maintenance, unforeseen circumstances arise that Toimix B.V. was not aware of and could not have anticipated, requiring additional work, Toimix B.V. will inform you of the associated costs. The installation work will only proceed once you have provided written confirmation that you agree to the costs of the additional work.
5. Inspection
1. Before making an offer, Toimix B.V. will first assess whether your property is suitable for installing the product by conducting a physical inspection and conduct inquires to a property owner or his/her representative. During the inspection, Toimix B.V. has a right to take photos of your property in order to prepare an installation plan. You remain fully responsible for ensuring that your property is suitable for the installation of the product.
2. The cost of physical inspection is €50 (excluding VAT). If the inspection confirms that your property is suitable and you proceed with an agreement with Toimix B.V., the inspection costs will not be charged to you, unless you exercise your right of withdrawal under Article 3 of these terms. If the inspection determines that your property is not suitable for installation or you decide not to proceed with an agreement, the inspection costs of €50 (excluding VAT) will be charged to you.
3. The inspection is not a structural or technical assessment of your property; it only determines whether and where the product can be installed. No rights can be derived from the inspection. The responsibility and risk for the suitability of your property remain entirely with you. This means that you are responsible for ensuring that your roof is suitable for solar panels or that a home battery, heatpump and boiler, charging station or air-conditioning equipment can be installed in or around your property.
4. All drawings and calculations made by Toimix B.V. remain the property of Toimix B.V. and are not part of the agreement you enter into. You are not permitted to allow third parties to use these drawings or calculations. Toimix B.V. accepts no liability in this regard.
6. Obligations of Toimix B.V.
1. Toimix B.V. will carry out the work properly and in accordance with the terms of the agreement, ensuring compliance with all applicable legal regulations at the time of installation. If, during installation, it becomes apparent that:
A. There are defects in your property that prevent installation, and/or
B. The information provided by you (or on your behalf) is incorrect, making installation impossible,
2. Toimix B.V. has the right to suspend the installation until the necessary conditions are met. Toimix B.V. is also entitled to charge you for any costs or damages resulting from the delay. If Toimix B.V. is unable to resume work within three months, it has the right to terminate the agreement without court intervention.
3. Once Toimix B.V. has completed the installation, it will conduct a final inspection with you. A completion report will be prepared, listing any outstanding issues, deficiencies, or damages (if any). By receiving this report and not responding with any claims within 14 days after receipt, you explicitly confirm your acceptance of the installed products and the manner in which the installation was carried out, except for any issues noted in the report.
7. Your Obligations
1. Upon request, you must provide Toimix B.V. with all written information necessary to assess whether the product can be installed (remote inspection).
2. Toimix B.V. will send you a questions outlining the required information. While this list is carefully prepared, it may not be exhaustive. It is your responsibility to provide all relevant information.
3. If you withhold or provide incorrect/incomplete information, preventing Toimix B.V. from carrying out the installation properly, this will be at your own risk and expense. Toimix B.V. will not be liable for any damages suffered by you or third parties as a result. Any losses incurred by Toimix B.V. due to incorrect or incomplete information will be charged to you.
4. On the day of delivery and installation, you must ensure that everything is ready so Toimix B.V. can begin work immediately. You are responsible for preparing the workspace and fulfilling any prior agreements so that the installation team can work efficiently. The area where work is to be done must be cleared and cleaned beforehand. Any necessary electricity and water must be provided free of charge.
5. Your electrical system must comply with NEN1010 regulations. If it does not meet these standards on the day of installation and Toimix B.V. needs to make adjustments, the costs will be charged to you.
6. If required, you must obtain all necessary permits or approvals for the installation (e.g., permits for monuments, protected cityscapes, scaffolding, or neighbor consent).
7. If Toimix B.V. needs to use ladders, scaffolding, or lifting equipment for installation, you are responsible for ensuring the ground is strong enough to support them. Toimix B.V. is not liable for damage to driveways, gardens, green spaces, or other surfaces unless the damage results from intentional misconduct or gross negligence.
8. Before Toimix B.V. installs solar panels, you must ensure that the roof is free of asbestos.
9. You must check with your network operator whether your main electricity meter can handle the total power output from the solar panels and whether it is compatible with energy feedback to the grid. Toimix B.V. is not responsible if your meter is unsuitable, and any necessary upgrades will be at your expense.
10. If Toimix B.V. is installing solar panels, you must provide at least 15 spare roof tiles and one ridge tile on the day of installation. If more than 15 tiles or one ridge tile break during installation, Toimix B.V. will cover the cost of the additional broken tiles.
11. You must ensure a properly functioning internet connection and sufficient WiFi signal strength.
12. If you do not meet your obligations, Toimix has the right to postpone or cancel the installation on the scheduled day. Any damages or costs incurred by Toimix due to this delay will be charged to you. In this case, you are not entitled to cancel the agreement.
13. You must use the product only for its intended purpose.
14. You are not allowed to modify the product or installation yourself. If you do, both the manufacturer’s warranty and Toimix B.V.’s warranty will become void.
15. If you plan to supply energy back to your energy provider, you must register at www.energieleveren.nl.
16. You must check the product's performance monthly. If you notice a defect, you must report it to Toimix B.V. in writing immediately following the maintenance agreement terms, but no later than two weeks after discovering the issue. Failure to do so will release Toimix B.V. from liability for any damage occurring between the time the defect arose and the time you report it.
17. If a defect occurs, you must allow Toimix B.V. a reasonable time to repair it. Terms and conditions on repair work is handled by the maintenance agreement, which should be signed separately between you and Toimix B.V..
8. Delays in Starting or Continuing Work
1. If you are unable to meet the agreed delivery date, you may reschedule free of charge up to three days before the original delivery date. If you request a date change less than three days before the scheduled delivery, Toimix B.V. may charge you for the costs incurred due to the delay.
2. If Toimix B.V. is unable to meet the agreed delivery or installation date due to its own fault, you have the right to send Toimix B.V. a formal notice of default and demand that the company fulfill its obligations within four weeks. This notice must be sent to Toimix B.V. both by registered mail and regular post.
3. If Toimix B.V. fails to deliver or install the product within the additional four-week period, you have the right to terminate the agreement by sending a registered letter.
• If Toimix B.V. has already delivered the product, you must return it undamaged. Toimix will arrange for the product to be collected.
• If Toimix B.V. has started the installation but has not completed it, you must also return the product, and Toimix will restore any changes made to your property. Any damage caused will be compensated by Toimix B.V..
• Alternatively, you may choose partial termination, meaning you keep the product (and pay for it) but arrange for installation by a third party. If you choose this option, Toimix B.V. is not responsible for any damages caused by improper installation by the third party.
4. If Toimix B.V. is unable to fulfill its obligations due to permanent force majeure (meaning an unavoidable situation beyond Toimix B.V.’s control, such as legal restrictions or unforeseen external factors), you have the right to terminate the agreement.
• If the product has already been delivered, you must return it undamaged, unless you opt for partial termination and choose to keep it.
• Toimix B.V. will collect the product, but no compensation will be owed to you.
5. If Toimix B.V. faces temporary force majeure (a delay due to temporary external circumstances beyond its control), it has the right to extend the delivery/installation period until the situation is resolved.
• If the delay lasts longer than three months, either party may terminate the agreement without compensation.
• If the product has already been delivered, you must return it undamaged, unless you opt for partial termination and choose to keep it.
• Toimix B.V. will collect the product, but no compensation will be provided.
9. Liability
1. If Toimix B.V. or any third parties engaged by Toimix B.V. cause damage to you in the execution of the agreement, Toimix B.V. is liable only up to the amount covered by its insurance. If the insurer does not cover the damage, liability is limited to a maximum of €20,000 per incident, unless the damage cannot be attributed to Toimix B.V. or its subcontractors.
2. Due to the nature of installation work, minor damage to walls, paintwork, or similar surfaces may occur. Toimix B.V. is not liable for such damages.
3. Once the product has been delivered and installed, all risks transfer to you. Toimix B.V. is no longer responsible for any defects that were visible or known at the time of installation.
4. Any estimated energy output of the solar panels, heatpumps or boiler stated in Toimix B.V.’s offer is a projection only. If the expected performance is not met, you cannot claim compensation for underperformance, and Toimix B.V. is not liable for this.
5. Toimix B.V. is not liable for lost electricity production if the cause is not attributable to Toimix B.V..
6. Toimix B.V. is not liable if the solar panels underperform due to shading effects.
7. Toimix B.V. is not responsible for malfunctions in your electrical system or electrical devices after the replacement of a distribution board, unless the issue is directly caused by a defect in the new board or its installation.
8. If Toimix B.V. replaces a distribution board, Toimix B.V. is never liable for any electrical failures—even if they are caused by the new board.
9. Toimix B.V. is not liable for any damage caused by risks that you have explicitly accepted as per Article 2.5.
10. Payment and Retention of Ownership
1. Toimix B.V. will invoice you as follows, if not stated otherwise on an offerta/agreement:
• 50% of the agreed price will be invoiced within 14 days after you have signed the agreement with Toimix B.V..
• 50% of the agreed price will be invoiced after the installation and completion of the product.
2. All invoices must be paid within 8 days from the invoice date.
3. If the first invoice (50% deposit) is not paid on time, Toimix B.V. has the right to postpone the delivery and installation of the product until the invoice is paid.
4. You cannot claim any warranty (see Article 12) until all invoices have been paid in full.
5. If payment is overdue, Toimix B.V. is entitled to charge interest at the statutory rate (Article 6:119 Dutch Civil Code).
6. If Toimix B.V. needs to engage a third party to collect the outstanding payment, all extrajudicial collection costs will be charged to you. These costs will be calculated according to the BIC (Dutch Extrajudicial Collection Fees Scale). If legal proceedings are necessary, all court costs will also be charged to you if the court orders you to pay.
7. The delivered product remains the property of Toimix B.V. until you have paid the invoice in full. Until full payment is made, you are not allowed to sell, transfer, or encumber the product in any way.
8. If you fail to make payment, Toimix B.V. has the right to terminate the agreement, dismantle, and retrieve the product. All costs associated with this process will be charged to you.
11. Your Right to Suspend Payment
If the product or installation does not comply with the terms of your agreement with Toimix B.V., you have the right to temporarily suspend payment. However, the amount you withhold must be reasonable and proportionate to the issue or defect identified.
12. Warranty
1. Toimix B.V. provides a warranty on the product and installation, provided it is used normally and installed correctly. The specific warranty terms are outlined in your agreement with Toimix B.V..
2. The warranty becomes void if you or any third parties (other than those authorized by Toimix B.V.) carry out work or repairs on the product.
3. The warranty also becomes void if the product is damaged due to improper or careless use, or if it is used in a way that contradicts the instructions, guidelines, or advice provided by Toimix B.V..
4. Toimix B.V.does not provide a performance guarantee for energy output. Any projected energy output stated in the agreement is only an estimate, based on the conditions known at the time the forecast was made.
13. Disputes
1. The agreement between you and Toimix B.V. is governed exclusively by Dutch law.
2. Any disputes arising from the agreement may only be submitted to a Dutch court.
14. Changes to the General Terms and Conditions
1. Toimix B.V. reserves the right to modify or update these General Terms and Conditions from time to time in order to reflect changes in our services, business practices, or legal requirements. These updates will be effective immediately upon posting on our website or upon notifying you directly via email or other communication channels.
2. We will make every effort to inform you of any significant changes to these terms. It is important that you review the updated terms regularly to stay informed about any adjustments that may affect your agreement with us.
3. If you do not agree with any changes, you may notify us within 14 days after the notice or update is sent. In such cases, you may choose to terminate the agreement without penalty, provided the termination occurs before the new terms take effect. Otherwise, continued use of our services will be deemed as acceptance of the updated terms.