ARTICLE 1. APPLICABILITY
1.1. These general terms and conditions apply to every offer from ECOPHANT and to any distance contract concluded between ECOPHANT and the buyer.
1.2. Before the distance contract is concluded electronically, the text of these general terms and conditions will be made available to the buyer electronically in such a way that it can be easily stored by the buyer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the buyer.
1.3. By placing an order you indicate that you agree with the delivery and payment conditions.
ARTICLE 2. AGREEMENT
2.1. An agreement is concluded if the buyer has accepted the offer electronically and ECOPHANT has immediately confirmed receipt of the acceptance of the offer electronically.
2.2. ECOPHANT takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the buyer can pay electronically, the seller will observe appropriate security measures.
2.3. If a buyer is in default towards the seller in the settlement of any agreement, ECOPHANT is at all times entitled, even after it has implemented an order in whole or in part, before proceeding to delivery, to demand from the buyer that he provides sufficient certainty that he has fulfilled his payment obligations.
2.4. All images, photos and drawings with data regarding weights, dimensions, colors on the website of ECOPHANT are only approximate, are indicative and cannot give rise to compensation or termination of the agreement.
2.5. If you place an order with ECOPHANT, your data will be included in the ECOPHANT customer database. ECOPHANT adheres to the Data Protection Act and will not provide your information to third parties. ECOPHANT respects the privacy of the users of the website and ensures confidentiality of your personal information. In some cases ECOPHANT uses a mailing list. Each mailing contains instructions on how to remove yourself from this list.
ARTICLE 3. PRICES
3.1. The prices of the products offered are not increased, except for price changes due to legal changes.
3.2. Transactions concluded with ECOPHANT are always conducted under the agreed conditions.
3.3. All previous prices will automatically expire at the time of change, no rights can be derived from this.
3.4. All prices on the website are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors.
3.5. All prices on the site are in Euros and include 21% VAT.
3.6. Offers are without obligation, unless stated otherwise in the offer. Upon acceptance of a non-binding offer by the buyer, ECOPHANT reserves the right to revoke or deviate from the offer within 3 working days after receipt of that acceptance.
3.7. Verbal commitments only bind ECOPHANT after they have been explicitly confirmed in writing.
3.8. Offers from ECOPHANT do not automatically apply to repeat orders.
3.9. ECOPHANT cannot be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
ARTICLE 4. RIGHT OF WITHDRAWAL
4.1. If there is a consumer purchase in accordance with Article 7: 5 of the Dutch Civil Code, the consumer has the right to dissolve the agreement without stating reasons during 7 working days. This reflection period starts on the day after receipt of the product by the consumer. If the consumer has not returned the delivered goods to the seller after this period, the purchase is a fact.
4.2. Before proceeding to return the consumer, the consumer is obliged to notify ECOPHANT in writing within 14 working days after delivery. The consumer must prove that the delivered goods have been returned on time.
4.3. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and in its original condition and packaging to ECOPHANT, in accordance with the reasonable and clear instructions provided by ECOPHANT. The return of the delivered goods is entirely at the expense and risk of the consumer.
4.4. The above right of withdrawal does not apply to goods that are manufactured according to the consumer’s specifications, including, for example, customization, or that have a clearly personal character.
ARTICLE 5. COSTS IN THE EVENT OF WITHDRAWAL
5.1. If the consumer makes use of his right of withdrawal, the costs of return will not exceed the costs.
5.2. With due observance of the provisions of article 4, ECOPHANT will ensure that the full purchase amount excluding the calculated shipping costs is refunded to the consumer within 30 days after receipt of the return shipment.
ARTICLE 6. DELIVERY TIMES
6.1. Delivery takes place while stocks last.
6.2. The delivery time is approximate. ECOPHANT undertakes to adhere as much as possible to the specified delivery time, but is not liable for the consequences of exceeding the time, which it could not reasonably have avoided. Such exceeding does not oblige ECOPHANT to any compensation, nor does it give the buyer the right to dissolve the agreement.
6.3. If the probable delivery time referred to in paragraph 1 of this article is exceeded, ECOPHANT will be granted a further term to deliver. This further term is equal to the original probable delivery time with a maximum of one month. If this further term is exceeded, the buyer has the right to dissolve the agreement without reason.
ARTICLE 7. DELIVERY
7.1. The place of delivery is the address that the buyer has clearly communicated to ECOPHANT. If the address is incorrect or incorrect due to the fact that it is incomplete or incorrectly passed on by the buyer, the costs for returning and resending the package are for the account of the buyer.
7.2. All goods are transported at the expense of the buyer, unless the freight costs are included in the price.
7.3. If the goods are shipped by means of ECOPHANT’s means of transport or by forwarding agents acting on its behalf, delivery will be effected by offering the goods on the ground floor to the buyer. In that case, the goods travel at the risk of ECOPHANT until the moment of delivery.
7.4. If a buyer refuses to immediately take receipt of the goods presented to him correctly and undamaged, the resulting freight costs, costs of storage and return shipment, etc., are for his account.
ARTICLE 8. WARRANTY AND COMPLAINTS
8.1. ECOPHANT grants a warranty to the user for the products delivered by it, counting from the day of invoicing to the buyer, insofar as it concerns defects attributable to the seller, which appear during normal use, based on the following: depreciation procedure: – within 1 year after the invoice date: the costs of repair or replacement, including freight within the Netherlands, are fully borne by ECOPHANT.
8.2. The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is incorrect, inadequate or incomplete, then the customer (before proceeding to return it to ECOPHANT) must immediately report these defects to ECOPHANT in writing. Any defects or incorrectly delivered goods must and can be reported to ECOPHANT in writing no later than 2 months after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Taking into use after detection of defect, damage occurring after detection of defect, encumbrance and / or resale after detection of defect, completely voids this right to complain and return.
8.3. If complaints from the customer are found to be justified by ECOPHANT, ECOPHANT will, at its option, either replace the goods delivered free of charge or make a written arrangement with the customer about the compensation, on the understanding that the liability of ECOPHANT and therefore the amount of the compensation is always limited. is up to a maximum of the invoice amount for the relevant goods, or (at ECOPHANT’s option) up to the maximum amount covered by ECOPHANT’s liability insurance in the relevant case. Any liability of ECOPHANT for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to loss of profit.
8.4. ECOPHANT is not liable for damage caused by incorrectly assembling the product by the buyer or by a third party.
8.5. This warranty does not apply if: A) and as long as the buyer is in default against ECOPHANT; B) the customer has repaired and / or processed the delivered goods himself or had it repaired / or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or have been treated contrary to the instructions of ECOPHANT and / or instructions on the packaging; D) the inadequacy is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.
ARTICLE 9. LIMITATION OF LIABILITY
9.1. To the extent permitted by law, ECOPHANT’s liability for damage caused by defects in the delivered goods is limited to the net invoice amount of the delivered goods, unless the consequences of this exemption are demonstrably unreasonably onerous for the buyer.
9.2. The seller is never liable for indirect damage, including damage from third parties.
ARTICLE 10. NON-ATTACHABLE DEFICIENCY
10.1. If ECOPHANT is impeded in the performance of the agreement by mobilization, danger of war, war, strike, lockout or by a non-attributable shortcoming of another nature, it is not bound by any term and is also authorized not to accept the agreement concluded by it in whole or in part. without requiring any legal action at all. ECOPHANT must immediately notify the buyer of the occurrence of the circumstances of the non-attributable shortcoming.
10.2. In all cases of a non-attributable shortcoming, the other party will have the right to terminate the agreement if it cannot reasonably be expected that the agreement is continued.
ARTICLE 11. APPLICABLE LAW AND COMPETENT COURT
11.1. All offers, agreements and the implementation thereof are exclusively governed by Dutch law.
11.2. All disputes, insofar as they exceed the jurisdiction of the subdistrict court, will be settled by the court in the district where ECOPHANT is located.
CONTACT INFORMATION ECOPHANT
ECOPHANT IS POWERED BY DERYAN BV
Marithaime 8, 6662 WD Elst
Email: [email protected]
Chamber of Commerce number 9161085
VAT number NL816948173B01
Telephone number +31 6 51214231