GENERAL TERMS AND CONDITIONS – MYGRID
Article 1 – Definitions
1.1. Seller: MyGrid BV, having its registered office at Reustraat 75, 3290 Diest, Belgium, company number 0789838534, RPR Leuven, www.mygrid.energy, hello@mygrid.energy.
1.2. Buyer: Any natural or legal person who enters into an agreement with the Seller, whether through the webshop, direct sales, or distribution channels.
1.3. Consumer: Any natural person acting for purposes which are outside his trade, business, craft, or profession.
1.4. Professional Customer: Any Buyer who is not a Consumer.
1.5. Product: Plug-and-play home batteries and related products and services offered by the Seller.
1.6. Agreement: The purchase agreement between Seller and Buyer, regardless of the method of sale (B2B, B2C, distribution, or webshop).
1.7. Distance Agreement: Any Agreement concluded between the Seller and a Consumer within the framework of an organized system for distance sales or services without the simultaneous physical presence of the Seller and the Consumer, and where exclusive use is made of one or more means of distance communication up to and including the moment the Agreement is concluded.
Article 2 – Scope of Application
2.1. These general terms and conditions (the “Terms”) apply to all offers, orders, and Agreements, whether concluded through the webshop, direct sales, or distribution channels. Separate terms apply to pre-orders (“Pre-Order Terms”), as included in Annex 1. These Pre-Order Terms take precedence over the present Terms, which remain applicable on a supplementary basis.
2.2. Any deviation from these Terms is valid only if expressly agreed upon in writing.
2.3. By placing an order, the Buyer accepts the applicability of these Terms. The application of any (general) terms and conditions of the Buyer is explicitly excluded.
Article 3 – Offer and Agreement
3.1. If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer. In the absence of such express mention, the offer remains valid for thirty (30) days. All offers are non-binding and subject to availability. Apparent errors or mistakes in the offer do not bind the Seller.
3.2. The Agreement is formed as soon as the Buyer places an order and the Seller confirms said order.
3.3. The Seller reserves the right to refuse orders or impose additional conditions.
Article 4 – Prices and Payment
4.1. All prices are stated in euros and are exclusive of VAT for Professional Customers (B2B) and inclusive of VAT for Consumers (B2C), unless explicitly indicated otherwise.
4.2. Payment must be made using the agreed payment methods and within the specified time frame.
4.3. The Buyer must complete full payment before the order is shipped.
4.4. If the Consumer fails to fulfill their payment obligations on time, the Seller shall issue a free written payment reminder. The Consumer shall then have fourteen (14) days to comply. If payment is still not made, the Seller is entitled to claim:
(a) default interest equal to the reference interest rate increased by eight percentage points (cf. Article 5, second paragraph, of the Act of 2 August 2002 on combating late payment in commercial transactions); and
(b) a fixed compensation amount equal to:
i. €20 if the outstanding balance is less than or equal to €150;
ii. €30 plus 10% of the amount owed on the portion between €150.01 and €500, if the balance is between €150.01 and €500;
iii. €65 plus 5% of the amount owed on the portion above €500, up to a maximum of €2000, if the balance exceeds €500.
Article 5 – Delivery and Transfer of Risk
5.1. Delivery shall take place at the address provided by the Buyer.
5.2. Delivery times are indicative only and shall not be deemed binding deadlines.
5.3. The risk in the Products shall transfer to the Buyer at the time of delivery.
Article 6 – Warranty and Liability
6.1. The Seller warrants that the delivered Products conform to the Agreement and applicable legal requirements.
6.2. The warranty period is ten (10) years from delivery or six thousand (6000) cycles, whichever comes first. For Consumers, this includes the statutory two (2) year warranty.
6.3. The warranty covers the normal functioning of the home battery. Inherent battery degradation is expressly excluded from warranty coverage.
The Seller offers the Buyer the option to exchange the Product (battery unit + base) for a new one during the warranty period, for a fee of X euros (TBD). This provides the Buyer with 100% battery capacity and the latest technological updates. Outside the warranty period, this is possible for a fee of X euros (TBD), provided the returned Product shows only normal signs of use.
6.4. The Buyer must comply with onboarding, storage, and usage instructions, as well as applicable local regulations. Violation may void the warranty.
6.5. The warranty becomes void if the Buyer modifies the Product.
6.6. The Seller is not liable (and the warranty does not apply) for damage resulting from incorrect use, installation, or storage, or from external factors such as impact, drop damage, or moisture.
6.7. The Seller’s obligations are obligations of means. The Seller is only liable for intentional or gross negligence and not for indirect or consequential damages. In any case, liability is limited to a supplementary amount or formula to be completed, such as invoiced sums over a defined period. Subject to legal limits: (i) non-performance by the Seller is governed exclusively by the Agreements and, where applicable, by contract law, excluding extra-contractual liability; and (ii) any extra-contractual liability claims against the Seller's auxiliary persons are excluded, regardless of whether the non-performance constitutes a tort.
Article 7 – Right of Withdrawal and Returns (B2C)
7.1. For Distance Agreements, Consumers have the right to withdraw from the Agreement within fourteen (14) days after receiving the Products (or in the case of services, fourteen (14) days after the Agreement was concluded), without giving any reason, by means of an unambiguous statement to the Seller. Consumers may use the model withdrawal form included in Annex 2.
7.2. During the withdrawal period, the Consumer shall handle the Products and packaging with care. The Product may only be unpacked or used to the extent necessary to determine its nature, characteristics, and functioning. The Consumer is liable for any diminution in value resulting from handling beyond what is necessary.
7.3. Returns by Consumers must be reported in advance. Products must be returned or handed over to the Seller. Direct costs of return are borne by the Buyer, unless agreed otherwise. The Product must be returned as soon as possible, and no later than fourteen (14) days after the notification under paragraph 2. The Seller may offer to collect the Product. The Product should be returned with all accessories, preferably in original condition and packaging, and in accordance with the Seller's reasonable and clear instructions.
7.4. Refunds will be issued only after receipt and inspection of the returned Product. The Seller will refund using the same payment method used by the Consumer, unless the Consumer agrees to a different method. No fees will be charged to the Consumer for the refund. If the Consumer opted for a more expensive delivery method than the standard, the Seller is not obliged to reimburse the extra cost.
7.5. The risk and burden of proof for proper and timely exercise of the right of withdrawal lie with the Consumer.
7.6. If the Consumer exercises the right of withdrawal, any ancillary agreements shall be automatically dissolved.
7.7. If the Agreement does not qualify as a Distance Agreement, Article 8 shall apply instead.
Article 8 – Cancellation and Termination (B2B)
8.1. Professional Customers may not cancel a placed order without the prior written consent of the Seller.
Article 9 – Force Majeure
9.1. The Seller shall not be liable for any delay or failure in performance resulting from force majeure.
9.2. Force majeure shall include any circumstance beyond the Seller’s reasonable control, such as natural disasters, strikes, and transportation disruptions.
Article 10 – Privacy and Data Protection
10.1. The Seller processes personal data in accordance with applicable privacy legislation, including the General Data Protection Regulation (GDPR) and other relevant data protection laws.
10.2. More information about the processing of personal data can be found in the privacy policy available on the Seller’s website.
Article 11 – Applicable Law and Disputes
11.1. These Terms, the Seller’s offers, and all Agreements are governed by Belgian law.
11.2. Any disputes shall be submitted to the competent court of the judicial district of Leuven, unless mandatory legal provisions dictate otherwise.
Article 12 – Amendments
12.1. The Seller reserves the right to amend these Terms at any time.
12.2. Amendments do not apply to Agreements already concluded.
Article 13 – Intellectual Property Rights
13.1. All intellectual property rights related to the Products — including but not limited to software, designs, documentation, trademarks, trade names, and other materials developed, delivered, or made available by the Seller — are held exclusively by the Seller and/or its licensors.
13.2. The Buyer is not permitted, without prior written consent from the Seller, to:
i) Copy, modify, decompile, publish, or otherwise use the Products, software, or designs in a manner that infringes upon the intellectual property rights of the Seller and/or its licensors;
ii) Use the Seller’s trademarks, logos, or other identifying marks without written approval;
iii) Create reproductions or apply reverse engineering to software or any other element protected by the Seller’s intellectual property rights, unless mandatory law permits otherwise.
13.3. The Buyer only obtains a limited, non-exclusive, and non-transferable right to use the software for its intended purpose, in accordance with the Agreement and these Terms.
13.4. In case of infringement of the Seller’s or its licensors' intellectual property rights, the Seller reserves the right to take legal action, claim damages, and/or suspend or terminate further delivery of Products or services.
Annex 1 – Pre-Order Terms
1. Scope
These Pre-Order Terms apply exclusively to pre-orders, in particular for ModuleOne, the plug-and-play home battery system developed by the Seller. By participating in the pre-sale and making a purchase, the Buyer agrees to these Pre-Order Terms. Please read these terms carefully before purchasing. The Seller’s general Terms also apply on a supplementary basis.
2. Pre-Order
This Product is currently in the pre-production phase. By purchasing during the pre-sale period, the Buyer places a pre-order for this Product.
3. Delivery Timeline
The Seller estimates that the Product will be ready for shipping in Q3 2025. However, this is a non-binding estimate. Unforeseen circumstances may cause delays in production and delivery. The Seller shall not be held liable for such delays.
4. Product Development and Testing
MyGrid will use the resources provided by pre-order Buyers to continue developing and testing the Product. The Buyer acknowledges that purchasing a Product still in development carries certain risks.
5. Refunds
5.1. MyGrid offers a full (100%) refund of the pre-sale price to the Buyer.
5.2. If a refund is granted, it may take up to three years or longer before the full amount is repaid. MyGrid will establish a refund schedule for this purpose.
6. Future Updates
The Seller aims to continuously improve its products and services. This means the final Product may differ in appearance and features from what was shown at the time of pre-order. The Buyer acknowledges that updates or changes may be made which were not included in the pre-sale materials.
Annex 2 – Model Withdrawal Form
(To be completed and returned only if the Consumer wishes to withdraw from the Agreement)
To:
MyGrid BV
Reustraat 75
3290 Diest
Belgium
Email: hello@mygrid.energy
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I/We () hereby give notice that I/We () withdraw from my/our () agreement concerning the sale of the following goods/provision of the following service ()
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Ordered on ()/Received on ()
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Name(s) of Consumer(s)
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Address of Consumer(s)
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Signature of Consumer(s) (only if this form is submitted in paper)
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Date
(*) Delete as appropriate