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Terms and conditions

Terms and conditions webshop Ecostoof BV (see bottom of this page)

We can also just sum it up briefly for you:

You may still return the Ecostoof after 4 weeks, undamaged and in its original packaging
You will receive a full refund
And you will get a new one free of charge should there be anything wrong with it.

Terms and conditions webshop Ecostoof BV

 

Table of contents:

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Articele 3 - Applicability

Article 4 - The offer

Articele 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - Exclusion of the right of withdrawal

Article 9 - The price

Article 10 - Compliance and warranty

Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, termination and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or different provisions

 

Article 1 - Definitions

In these terms and conditions, the following definitions shall apply:

 

  1. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  5. Durable data carrier: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that enables future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
  7. Model form: the model form for withdrawal made available by the entrepreneur which a consumer can fill in when he wants to exercise his right of withdrawal.
  8. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
  9. Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
  10. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
  11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur

 

Ecostoof BV

Sarphatistraat 221 e

1018 BX Amsterdam

E-mailadres: [email protected]

Chamber of Commerce: 74113259

 

Article 3 - Applicability

  1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer at his request as soon as possible.
  3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the remote agreement, it shall be indicated where the general terms and conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
  4. If one or more stipulations in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the stipulation in question shall be replaced forthwith in mutual consultation with a stipulation that approaches the purport of the original as much as possible.
  5. Situations not provided for in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
  6. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

 

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the offered products. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  4. All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
  5. Images of products are a true representation of the products on offer. Entrepreneur cannot guarantee that the colours displayed correspond exactly to the real colours of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular

in particular:

- the price including taxes;

- any shipping costs

- the way in which the agreement will be concluded and which actions are necessary for this;

- whether or not the right of withdrawal is applicable;

- the method of payment, delivery and performance of the agreement;

-          

the behavioural codes to which the trader is subject and the way in which the consumer can consult these behavioural codes electronically;

 

 

 

Article 5 - The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
  4. The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while stating reasons.
  5. The entrepreneur will provide the consumer with the following information with the product, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
  6. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
  7. the conditions on which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  8. the information on guarantees and existing after-sales services;
  9. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the implementation of the agreement;

 

  1. In case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
  2. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

 

Article 6 - Right of withdrawal

On delivery of products:

  1. When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of 4 weeks. This reflection period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and communicated to the entrepreneur.
  2. During the reflection period, the consumer will handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the trader within 14 days of receiving the product. The consumer should make this known by e-mail and by using the model form. After the consumer has made known that he wants to use his right of withdrawal, the consumer must return the product within 14 days. The consumer has to prove that the delivered goods have been returned in time, e.g. by means of a proof of shipment.
  4. If the customer has not expressed his intention to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
  5. In order to make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery.

 

 

Article 7 - Costs in case of withdrawal

  1. If the consumer exercises his right of withdrawal, at most the costs of return shipment shall be for his account.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the trader or that conclusive evidence of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly authorises a different payment method.
  3. If the product is damaged due to careless handling by the consumer, the con-sumer is liable for any depreciation in value of the product.
  4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information on the right of withdrawal, this should be done before concluding the purchase agreement.

 

 

Article 8 - Exclusion of right of withdrawal

  1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal is only valid if the trader clearly stated this in the offer, or at least in good time before concluding the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
  3. that have been created by the entrepreneur in accordance with the consu-ment's specifications;
  4. that are clearly personal in nature;
  5. that cannot be returned due to their nature;
  6. that spoil or age quickly;

 

 

Article 9 - The price

  1. During the validity period stated in the offer, the prices of the products and/or services on offer shall not be increased, except for price changes due to changes in VAT rates.
  2. The prices mentioned in the offer of products or services are inclusive of VAT.
  3. All prices are subject to printer's and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

 

Article 10 - Conformity and Warranty

  1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the trader under the contract.
  3. Any defective or wrongly delivered products should be reported to the entrepreneur in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
  4. The guarantee period of the entrepreneur corresponds to the factory guarantee period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The guarantee does not apply if:

 

- The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties;

- The delivered products have been exposed to abnormal conditions or otherwise carelessly treated or treated contrary to the instructions of the contractor and/or on the packaging;

- The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

 

Article 11 - Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. With due observance of the stipulations in paragraph 4 of this article, the company shall execute accepted orders with convenient speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this within 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to damages.
  4. All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a deadline does not entitle the consumer to compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
  6. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement product. Upon delivery at the latest, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

 

Article 12 - Duration transactions: duration, termination and extension

Not applicable

 

Article 13 - Payment

  1. Unless agreed otherwise, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period commences after the consumer has received the confirmation of the agreement.
  2. The consumer has the duty to report inaccuracies in payment details provided or mentioned to the entrepreneur without delay.
  3. In case of default of payment by the consumer, the entrepreneur has the right to charge the reasonable costs, communicated beforehand to the consumer, subject to legal restrictions.

 

Article 14 - Complaints procedure

  1. The entrepreneur shall have a sufficiently publicised complaints procedure and shall handle the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement shall be submitted to the entrepreneur within 7 days fully and clearly described, after the consumer has con-stated the defects.
  3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed reply.
  4. If the complaint cannot be solved in mutual consultation, a dispute arises which is subject to a dispute settlement procedure.

 

Article 15 - Disputes

  1. Contracts between the entrepreneur and the consumer to which these general terms and conditions relate, are exclusively governed by Dutch law. Also if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

 

Article 16 - Additional or different provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.

 

 

 

 

 

 

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