In these Terms and Conditions, the following terms have the meanings set out below:

1. NKON: NKON B.V., the seller and contracting party.
2. Customer: any natural person or legal entity that receives an offer from NKON or enters into an Agreement with NKON.
3. Consumer: a natural person acting for purposes outside his or her trade, business, craft or profession.
4. Business Customer: any Customer who is not a Consumer, including resellers, installers, organisations and self-employed persons acting in a business capacity.
5. Product: any item offered by NKON, including batteries, cells, battery packs, inverters, energy storage systems, accessories and products with digital elements.
6. Agreement: the sales agreement or other agreement between NKON and the Customer.
7. Website: the website or online environment on which NKON offers Products.

1. These Terms and Conditions apply to every offer, order and Agreement of NKON.
2. Before entering into the Agreement, the Customer is given the opportunity to read, save and print these Terms and Conditions. NKON may also provide the applicable version by email or on another durable medium.
3. Deviations apply only if NKON has confirmed them in writing.
4. In the event of a conflict, the following order of precedence applies: the individual written agreement, the order confirmation, the product page and then these Terms and Conditions. Consumers are always entitled to the interpretation most favourable to them where required by law.
5. Purchasing terms or other conditions of a Business Customer are expressly rejected unless NKON has accepted them in writing.

1. NKON describes the main characteristics, price and availability of a Product as carefully as reasonably possible.
2. Images are intended to provide a clear representation. Minor differences in colour, printing, packaging, product revision or supplied material are possible if they do not materially alter the functionality and agreed characteristics.
3. Technical values may be subject to normal measurement, production and test tolerances. Where relevant, product-specific tolerances and test methods are stated on the product page, datasheet or in the documentation.
4. An obvious mistake, calculation error, typographical error or unrealistic price does not bind NKON if an average Customer should have understood that an error had occurred. In that case, NKON will contact the Customer as soon as possible and refund any amount already received if no corrected Agreement is concluded.
5. An offer remains valid while the stated stock or validity period lasts.

1. The Customer places an order by completing the ordering process and using the button that clearly indicates that the order entails an obligation to pay.
2. An automated email stating only that NKON has received the order is an acknowledgement of receipt. The Agreement is formed when NKON expressly accepts the order, sends a final order confirmation or begins performance.
3. Before acceptance, NKON may refuse an order on reasonable grounds, for example in the event of a stock error, an incorrect price, a failed payment, suspected fraud, export or sanctions restrictions, or an unsafe delivery address for dangerous goods.
4. If NKON does not accept an order that has already been paid, NKON will refund the amount received without undue delay.

1. The product page states whether a Product is new, used, refurbished, recovered from dismantling, B-grade, cosmetically imperfect or otherwise classified.
2. For used, B-grade and second-life products, reasonable expectations are also determined by the description, test method, stated remaining capacity, age, cycle information, external condition and price.
3. Normal signs of use or a deviation expressly disclosed do not constitute a defect. This does not affect the right to receive a Product that conforms to the Agreement.
4. Capacity, internal resistance and other battery values may change due to temperature, storage period, state of charge, measurement method, load and normal ageing. The measurement conditions stated on the product page are decisive.

1. Prices for Consumers include the applicable VAT unless clearly stated otherwise. Business prices may be displayed excluding VAT where this is stated unambiguously.
2. The final price, applicable VAT, shipping costs and any other charges are shown before the order is placed.
3. For cross-border deliveries, the VAT rate may be determined by the country of destination. For deliveries outside the European Union, import duties, local taxes and customs-clearance costs may be payable by the Customer if this is clearly stated before purchase.
4. Available payment methods are shown during checkout. For certain methods, an external payment service provider may carry out checks under its own terms and privacy notice.
5. For advance payment, processing starts after NKON has received the payment. NKON may suspend performance while an amount due remains unpaid.

1. NKON delivers to the address or collection point specified by the Customer. The Customer is responsible for providing correct and complete address and contact details.
2. A stated delivery time is an estimate unless a fixed or essential delivery date has expressly been agreed.
3. Delivery to Consumers takes place within the agreed period. If no period has been agreed, NKON will deliver within 30 days, subject to any legally permitted exception.
4. If delivery is delayed, NKON will inform the Consumer as soon as possible. The Consumer may grant NKON a reasonable additional period for delivery and terminate the Agreement if delivery is not made within that period. No additional period is required if delivery on the agreed date was essential and this was made clear in advance.
5. The risk of loss or damage passes to a Consumer when the Consumer, or a third party designated by the Consumer other than the carrier, has received the Product.
6. NKON may deliver an order in parts where reasonable. A Consumer will not incur additional shipping costs as a result without prior consent.
7. If a shipment is returned because of incorrect details, an unjustified refusal or failure to collect it on time, NKON may charge reasonable actual costs for redelivery or return processing. Statutory withdrawal rights remain unaffected.

1. Inspect a delivery as soon as reasonably possible after receipt for visible damage, missing packages and incorrect Products.
2. In the event of visible transport damage, preferably take photographs of the parcel, label, inner packaging and Product and report the damage to NKON as soon as possible. This helps NKON pursue the carrier.
3. Failure to report damage immediately does not limit a Consumer’s statutory rights if the Consumer can still lawfully demonstrate the defect later.
4. Do not use or charge a damaged, deformed, leaking, swollen, unusually hot or unusually smelling battery or cell. Follow Article 16 and contact NKON immediately.

1. NKON extends the statutory cooling-off period for Consumers: most online sales agreements may be withdrawn from without giving a reason within 30 days.
2. The period begins on the day after receipt of the Product. If several Products from one order are delivered separately, the period begins after receipt of the final Product. If a Product consists of several parts, the period begins after receipt of the final part.
3. The Consumer may withdraw by email to [email protected], by letter, by telephone or by any other unequivocal statement.
4. NKON will confirm receipt of the withdrawal as soon as possible by email or on another durable medium.
5. A reason may be provided voluntarily but is not required.

1. After withdrawal, the Consumer must return the Product no later than 14 days to: NKON B.V., De Huufkes 87, 5674 TL Nuenen, the Netherlands.
2. The direct costs of returning the Product are borne by the Consumer unless NKON has offered to bear them or failed to inform the Consumer correctly of those costs before purchase.
3. For Products that, by their nature, cannot be returned by ordinary parcel post, NKON will provide a reasonable estimate of the direct return costs before purchase or explain how those costs are calculated.
4. Preferably use the original inner and outer packaging. Original packaging is not a condition for withdrawal, but the Consumer must package the Product properly and safely and, where necessary, in accordance with dangerous-goods rules.
5. Protect battery terminals and connectors against short circuit. Never place loose cells together unprotected or with conductive materials.
6. A damaged, defective, recalled, leaking, swollen, overheated or potentially unsafe lithium battery must not be shipped without prior instructions. Contact NKON first. NKON will provide appropriate return or collection instructions.

1. In the event of full withdrawal, NKON will refund all payments received from the Consumer, including the cost of the least expensive standard delivery method.
2. In the event of partial withdrawal, the original delivery costs will not be refunded if those costs would also have been payable without the returned Product.
3. NKON will refund no later than 14 days after receiving the withdrawal statement. NKON may wait until the Product has been received or the Consumer proves that it has been returned, whichever occurs first.
4. The refund will be made using the same payment method unless the Consumer expressly agrees to another method that is free of charge.
5. The Consumer may inspect a Product as could reasonably be done in a shop. NKON may deduct reasonable compensation for a reduction in value caused by further use, installation, programming, cycling, charging, discharging, damage, contamination or careless packaging.
6. Opening packaging or carrying out a limited inspection of a Product does not automatically end the right of withdrawal.

The right of withdrawal does not apply, or may be lost, in the cases defined by law. The following situations are particularly relevant to NKON:

1. Products made to the Consumer’s specifications, not prefabricated and made on the basis of an individual choice or decision, or which are clearly personalised.
2. The previous exception may, for example, include cells with solder tabs or welded connections applied specifically on request, individually assembled battery packs, custom-made cables and specially configured products, insofar as they were genuinely produced individually after the order was placed.
3. Sealed products that are not suitable for return for reasons of health protection or hygiene if the seal has been broken after delivery.
4. Digital content not supplied on a tangible medium, once performance has begun with the Consumer’s express prior consent and the Consumer has acknowledged losing the right of withdrawal.
5. Services fully performed within the cooling-off period where the Consumer expressly agreed in advance to performance and to losing the right of withdrawal.

An exception is applied only if all statutory requirements have been met and the Consumer was correctly informed before purchase.

1. NKON supplies Consumers with a Product that conforms to the Agreement. The Product must have the qualities that the Consumer may reasonably expect on the basis of its description, price, condition, product information and normal service life.
2. The statutory guarantee in the Netherlands has no fixed duration. Reasonable expectations differ per Product and may, for expensive durable products, extend beyond a commercial guarantee period.
3. In the event of a defect, the Consumer is entitled, subject to statutory conditions, to free repair or replacement within a reasonable time and without significant inconvenience. If that is not possible or reasonable, the Consumer may be entitled to a price reduction or termination.
4. A commercial seller’s or manufacturer’s guarantee supplements the statutory guarantee and does not limit statutory rights.
5. For Products with digital elements, NKON or the responsible manufacturer will provide the updates required under the Agreement and applicable law to keep the Product in conformity.
6. Normal wear, normal capacity reduction due to age or cycles, and damage demonstrably caused by improper use are not defects. This applies only insofar as the reported problem was actually caused by that circumstance.

1. Report a possible defect within a reasonable time after discovery to [email protected]. Where possible, include the order number, product type, serial number, a clear description and relevant photographs, videos, log files or measurement data.
2. If there may be a safety defect, stop using, charging and discharging the Product immediately.
3. Do not carry out repairs, firmware changes, disassembly or other intervention before NKON has had an opportunity to assess the issue, unless immediate action is necessary to prevent damage or danger.
4. If the Product is covered by the statutory guarantee, investigation, necessary shipping, repair and replacement are free of charge.
5. If investigation shows that there is no defect for which NKON is responsible, NKON may charge reasonable investigation, transport or repair costs only if the Consumer was clearly informed in advance and agreed to paid work.
6. The Consumer does not need the original packaging for a guarantee claim, but must be able to return the Product safely. NKON will coordinate the method of transport for dangerous or heavy Products.

1. Complaints may be submitted via [email protected], the contact page on the Website or by post to NKON B.V., De Huufkes 87, 5674 TL Nuenen, the Netherlands.
2. NKON will acknowledge receipt and normally respond to a complaint within 14 days. If more time is required, the Customer will receive a message within that period indicating how the complaint will be handled further.
3. Please include the order number and as specific a description as possible. This is not a condition for statutory rights but speeds up handling.
4. For cross-border information and mediation, a Consumer may contact the European Consumer Centre in the country of residence.

1. Before use, read the product page, manual, datasheet, safety information and warnings. Product-specific safety instructions take precedence over general information.
2. Loose lithium-ion and LiFePO4 cells are technical components. Protect the terminals against short circuit and use only suitable holders, connections, charging equipment, protective devices and an appropriate battery management system where technically required.
3. Do not use a Product outside the specified voltage, current, temperature, state of charge, mechanical load, IP rating or other limits.
4. Do not combine cells or modules that are not compatible according to the documentation. Take account of differences in chemistry, type, capacity, internal resistance, age, state of charge and firmware.
5. Grid-connected inverters, fixed energy storage systems and high-power installations must be designed, protected and installed in accordance with the manual, applicable standards, local rules and the requirements of the grid operator. Use a demonstrably competent installer where the nature of the Product or the law requires this.
6. The Customer must not transport or offer a Product for transport in breach of applicable dangerous-goods rules. Stricter requirements apply to damaged or defective lithium batteries.
7. Failure to comply with safety instructions may cause fire, explosion, electric shock, injury or damage. To the extent that damage was demonstrably caused by unsafe or improper use, NKON is not liable for it, except for liability that cannot legally be excluded.

1. A business quotation is valid for the period stated in it. If no period is stated, the quotation expires after 14 days.
2. Price lists, stock statements, sales forecasts and indicative volumes are not binding unless otherwise agreed in writing.
3. An accepted business order may be changed or cancelled only with NKON’s written consent. NKON may charge reasonable demonstrable costs for Products purchased, reserved, produced, configured or already shipped.
4. If there is a difference between a quotation, pro forma invoice and order confirmation, the most recent order confirmation sent by NKON applies unless the Business Customer objects immediately and with reasons.
5. The Business Customer must provide in good time all information required for product selection, configuration, export, transport and delivery.

1. Business prices exclude VAT, import duties, transport, insurance, packaging and other costs unless stated otherwise in writing.
2. Invoices must be paid within 14 days of the invoice date unless another period has been agreed in writing.
3. NKON may at any time require advance payment, security, a credit limit or credit-insurance approval and may suspend performance until the requirement has been met.
4. In the event of late payment, the Business Customer owes statutory commercial interest and reasonable extrajudicial collection costs without further notice of default.
5. Payments are allocated first to costs and interest and then to the oldest outstanding principal amount.
6. The Business Customer may not set off or suspend payment, except insofar as a counterclaim has been finally established or acknowledged in writing by NKON.

1. The agreed Incoterm and its version are stated in the quotation or order confirmation. If no Incoterm has been agreed and NKON arranges transport, risk passes when the goods are handed over to the first carrier.
2. Business delivery times are indicative and not of the essence unless expressly agreed in writing as a final deadline.
3. NKON may make partial deliveries and invoice each partial delivery separately.
4. The Business Customer must provide an accessible, safe and suitable unloading address, sufficient personnel or equipment and all required permits. Waiting time, failed journeys and additional handling may be charged.
5. For collection orders, risk passes when NKON states that the Products are ready. If the Business Customer does not collect in time, NKON may charge reasonable storage and handling costs.

1. The Business Customer must inspect the Products immediately upon receipt. Visible shortages, transport damage or incorrect deliveries must be reported in writing with evidence no later than 5 working days after receipt.
2. A defect that was not immediately visible must be reported in writing within 10 working days after discovery. The Business Customer must then stop using the Product where continued use could affect the cause or extent of the defect.
3. Returns by Business Customers are allowed only after prior return authorisation from NKON and in accordance with the transport and packaging instructions provided.
4. There is no business right of return for correctly delivered Products unless otherwise agreed in writing. For voluntarily accepted returns, NKON may charge reasonable transport, testing, repackaging and restocking costs.
5. The product page, quotation or order confirmation determines any commercial guarantee. For a valid business claim, NKON may choose to repair, replace, redeliver or issue a proportionate credit.
6. A guarantee does not apply insofar as the defect was caused by normal wear or degradation, improper storage, incorrect transport, inadequate protection, faulty installation, incompatible components, overloading, deep discharge, overvoltage, thermal stress, moisture, corrosion, modification or use outside specification.
7. The Business Customer must retain serial numbers, batch information, test results and traceability data reasonably required for a guarantee or safety action.

1. All delivered Products remain the property of NKON until the Business Customer has paid all claims arising from the business relationship, insofar as such extended retention of title is legally valid.
2. The Business Customer must keep Products subject to retention of title identifiable, carefully stored and adequately insured.
3. The Business Customer may resell those Products in the ordinary course of business but may not pledge or otherwise encumber them. In the event of payment difficulties or attachment, the Business Customer must inform NKON immediately.
4. If the Business Customer defaults, NKON may repossess the Products. The Business Customer must provide access for that purpose insofar as legally permitted. Repossession does not affect NKON’s other rights.

1. NKON is liable only for direct loss that is the immediate result of an attributable failure to perform.
2. Total liability per event or series of related events is limited to the net invoice value of the Products to which the liability relates. If insurance provides cover and pays out, liability is limited to the amount paid plus the applicable deductible.
3. NKON is not liable for indirect loss, including consequential loss, loss of profit, missed savings, production downtime, loss of customers, reputational damage, loss of data or loss caused by claims from customers of the Business Customer.
4. The limitations do not apply in the event of intent or deliberate recklessness by NKON’s management, death or personal injury for which NKON is legally liable, or liability that cannot be excluded under mandatory law.
5. The Business Customer indemnifies NKON against third-party claims arising from incorrect installation, integration, further processing, repackaging, labelling, storage, transport, export, marketing or resale by or on behalf of the Business Customer, insofar as the cause is not attributable to NKON.
6. The Business Customer is responsible for checking whether Products are suitable and approved for the intended system, application and country of destination, unless NKON has expressly guaranteed that suitability in writing.

1. NKON is not required to perform an obligation while performance is prevented by a circumstance beyond its reasonable control.
2. Force majeure may include war, terrorism, sanctions, export restrictions, government measures, fire, flooding, epidemic, strike, cyber incident, failure of energy or communications, shortages of raw materials or transport capacity, and serious failure by an essential supplier or carrier.
3. NKON will inform the Customer as soon as possible and limit the consequences where reasonably possible.
4. Obligations are suspended during force majeure. If the situation continues so long that continuation cannot reasonably be required, either party may terminate the unperformed part. Consumers retain all statutory rights in the event of late or failed delivery.

1. NKON processes personal data in accordance with the privacy notice published on the Website.
2. To perform an order, NKON may share necessary data with payment service providers, carriers, suppliers, repair partners and IT service providers, among others.
3. Service messages about an order, safety warnings, recalls and necessary product updates are not marketing messages.
4. Newsletters and other marketing are sent only on a valid legal basis. Every commercial email contains an easy unsubscribe option.

1. Dutch law applies to the Agreement.
2. A Consumer who habitually resides in another EU or EEA Member State retains the protection of the mandatory consumer rules of that country where that protection applies under private international law.
3. Disputes with a Consumer will be submitted to the court having jurisdiction under the law.
4. Disputes with a Business Customer will be submitted exclusively to the competent court of the District Court of East Brabant, ’s-Hertogenbosch location, unless NKON chooses to bring the dispute before another court having jurisdiction by law.
5. The parties will first attempt to resolve a dispute through consultation in good faith.

1. NKON may amend these Terms and Conditions. An order is governed by the version made available when the Agreement was concluded, unless a later change is required by law or expressly agreed.
2. If a provision is invalid or unenforceable, the remaining provisions continue to apply. The invalid provision will be replaced by a valid provision that comes as close as possible to its purpose and effect, without affecting mandatory consumer rights.
3. Translations are prepared with care. For Business Customers, the Dutch text prevails in the event of a discrepancy, insofar as legally permitted. Consumers benefit from statutory rules on clear language and interpretation in their favour.
4. Headings, summaries and visual information are provided for readability. In the event of a discrepancy, the full text of the relevant Article is decisive.