These terms apply exclusively to agreements where the purchaser acts in the course of a profession, business or commercial activity (B2B).
The statutory right of withdrawal applicable to consumers does not apply to B2B agreements. Accordingly, a business customer does not have a statutory right to cancel an agreement within 14 days of receipt without giving a reason or to return products on the basis of consumer withdrawal rights. The fact that an order has been placed through the webshop does not alter this.
By placing an order, the business customer declares that the purchase is being made for business purposes and not as a consumer.
An order confirmed by NRG Distribution constitutes a binding agreement. Cancellation by the business customer is only possible if NRG Distribution has given its prior written consent.
NRG Distribution is under no obligation to accept a cancellation request. If NRG Distribution agrees to a cancellation, it may impose conditions on such approval, including charging any costs already incurred, specially ordered goods, transport costs, administrative costs and/or a cancellation fee.
If a product has been specially ordered, reserved, manufactured, configured or otherwise cannot readily be resold to third parties, cancellation may be excluded entirely.
The return of delivered products is only permitted after prior written approval from NRG Distribution.
A return request must be submitted by email to info@nrg-distribution.eu and must include at least the order number, the products concerned and the reason for the return.
A return shipment sent without prior written approval will not be considered an accepted return. NRG Distribution reserves the right to refuse such a shipment or to return or store it at the customer's expense and risk.
Approval of a return by NRG Distribution does not automatically entitle the customer to a full credit or refund.
If a return is approved, the products must:
The risk of loss, damage or depreciation remains with the customer from the moment the return shipment is dispatched until the return shipment has actually been received and inspected by NRG Distribution.
Unless NRG Distribution has expressly agreed otherwise in writing in advance, the following products will not be accepted for return:
All costs associated with a return approved by NRG Distribution shall be borne by the business customer, unless otherwise agreed in writing in advance.
These costs include, but are not limited to, transport costs, shipping costs, pallet costs, packaging costs, insurance costs and any costs associated with collecting the goods.
Any costs incurred by NRG Distribution as a result of a return or cancellation may be charged to the business customer.
NRG Distribution reserves the right to deduct an amount for depreciation from any amount to be credited.
Depreciation includes, but is not limited to:
If a product can no longer be sold as new due to its condition upon return, NRG Distribution may charge the customer for the actual depreciation suffered.
Returned products will be inspected upon receipt. Based on the condition, completeness and resaleability of the returned products, NRG Distribution will determine whether and to what extent a credit will be issued.
A return shipment shall not be deemed automatically accepted merely because it has been received by NRG Distribution.
If NRG Distribution has confirmed in writing that a return will be credited, the amount due will be credited after the return shipment has been received in full and inspected.
In the event of depreciation, missing parts, damage or other costs, these amounts will be deducted from the credit.
Any refund will only be made to the extent that an amount is actually owed to the customer. Shipping, return and other costs will not be refunded unless otherwise agreed in writing.
The provisions of this section do not apply to products that were demonstrably defective or faulty upon delivery and for which a warranty claim is submitted.
A defect or fault must be reported to NRG Distribution in writing as soon as reasonably possible after discovery. Upon request, the customer must provide NRG Distribution with sufficient information and documentation to assess the reported defect.
A return in connection with a warranty claim is only permitted after prior instructions or written approval from NRG Distribution.
A warranty claim does not automatically entitle the customer to termination of the agreement, a full refund or reimbursement of any costs incurred.
Any deviation from these terms must be agreed upon in writing and in advance by NRG Distribution. Oral promises or agreements shall only be valid once confirmed in writing by an authorised representative of NRG Distribution.
These terms are without prejudice to the other provisions of the applicable general terms and conditions between the parties and to any mandatory applicable law.
