Table of contents:
Article 1 - Definitions
Article 2 - Applicability
Article 3 - Agreements
Article 4 - Prices
Article 5 - Right of withdrawal
Article 6 - Costs in case of withdrawal
Article 7 - Exclusion of the right of withdrawal
Article 8 - Delivery time
Article 9 - Delivery and transfer of risk
Article 10 - Delivery
Article 11 - Guarantees and complaints
Article 12 - Liability
Article 13 - Limitation of liability
Article 14 - Force majeure
Article 15 - Intellectual property
Article 16 - Complaints policy
Article 17 - Payment
Article 1 Definitions
In these Terms and Conditions, the following terms are used in the following meanings, unless expressly stated otherwise:
- Seller: ECOPHANT and its domain and/or trade names used by ECOPHANT te Elst (Chamber of Commerce No. 84535466, at the close of business at (6662 WD) Marithaime 8, to the seller referred to in these General Terms and Conditions.
- Buyer: The other party of the Seller is referred to in these Terms and Conditions as the Buyer (or Consumer, if it is a natural person who is not in the exercise of a profession or business).
- Parties: Parties are seller and buyer together.
- Agreement: The agreement refers to the purchase contract between the parties.
Article 2 Applicability
- These General Terms and Conditions apply to every offer of ECOPHANT for each distance contract concluded between ECOPHANT and the consumer.
- Before concluding the distance contract, the text of these General Terms and Conditions will be made available to the consumer.
- If, contrary to the preceding paragraph and before the distance contract is concluded, the text of these General Terms and Conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium.
- In the event that certain product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply in accordance with the contract and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.
Article 3 Agreement
- Subject to the provisions of paragraph 4, the contract is concluded at the time of acceptance of the offer by the consumer and the fulfillment of the conditions set out therein. Article 6:232 of the Dutch Civil Code states: "A counterparty is also bound by the General Terms and Conditions if, when concluding the contract, the user understood or had to understand that he did not know their content."
- If the consumer has accepted the offer electronically, ECOPHANT will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance is not confirmed by ECOPHANT, the consumer may terminate the contract.
- If the contract is concluded electronically, ECOPHANT will take appropriate technical and organizational measures to secure the electronic transmission of data, ECOPHANT must ensure a secure web environment. If the consumer can pay electronically, ECOPHANT will comply with appropriate security measures.
- ECOPHANT can inform itself within the legal framework whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, ECOPHANT has good reasons not to conclude the contract, it is entitled to refuse a reasoned order or request or to attach special conditions to the execution.
Article 4 Prices
- The prices of the products offered will not be increased, with the exception of price changes due to legal changes. Transactions concluded with ECOPHANT were always carried out on the agreed terms.
- All previous prices expire automatically at the time of change and no rights can be derived from them. Price increases within three months of conclusion of the contract are only permitted if they are based on statutory provisions or provisions.
- All prices on the website are subject to printing and typesetting errors. No liability is assumed for the consequences of printing and typesetting errors. All prices on the website are in Euros and include 21% VAT. Offers are subject to change unless otherwise stated in the offer. If a non-binding offer is accepted by the buyer, ECOPHANT reserves the right to revoke or deviate from the offer within the period of three working days after receipt of this acceptance.
- Verbal commitments shall not bind ECOPHANT until they have been expressly confirmed in writing. Offers from ECOPAHT are not automatically valid for repeat orders. ECOPHANT cannot be bound by its offer if the customer should have understood that the offer or part thereof contained an obvious error or error.
Article 5 Right of withdrawal
- If there is a consumer purchase pursuant to Article 7:5 of the Dutch Civil Code, the consumer has the right to dissolve the contract for 14 working days without giving reasons. This cooling-off period begins the day after receipt of the product from the consumer. If the consumer has not returned the delivered goods to the seller after this period, the purchase is a fact.
- The consumer is obliged to report this in writing to ECOPHANT before returning the goods within the period of 14 working days after delivery, the consumer must prove that the delivered goods have been returned on time.
- During the cooling-off period, the consumer will treat the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he exercises his right of withdrawal, he will return the product to ECOPHANT with all accessories and in its original condition and packaging in accordance with ECOPHANT's reasonable and clear instructions. The return of the delivered goods takes place exclusively at the expense and risk of the consumer.
- The above right of withdrawal does not apply to goods manufactured according to the consumer's specifications, including, for example, individualisation, or which have a clearly personal character.
Article 6 Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, the costs of the return shipment shall be borne at most. If the consumer has paid an amount, ECOPHANT will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 7 Exclusion of the right of withdrawal
- ECOPHANT may exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of revocation only applies if ECOPHANT has clearly stated this in the offer, at least in good time before the conclusion of the contract.
- The exclusion of the right of withdrawal is only possible for products:
a) defined by ECOPHANT in accordance with the consumer's specifications;
b) Which are clearly personal in nature;
c) which, by their very nature, cannot be returned;
d) Which can spoil or age quickly;
e) Whose price is subject to fluctuations in the financial market, over which ECOPHANT has influence;
f) For individual newspapers and magazines; For audio and video recordings and computer software whose seal the consumer has broken.
- The right of withdrawal is only possible for services:
a) in relation to accommodation, transport, restaurant operations or leisure activities to be carried out on a specific date or during a specific period;
b) whose delivery has begun with the express consent of the consumer before the end of the cooling-off period;
c) In terms of betting and lotteries.
Article 8 Delivery time
- Delivery takes place while stocks last.
- The indication of the delivery time is approximate. ECOPHANT undertakes to comply with the stated delivery time as far as possible, but is not liable for the consequences of exceeding it that it could not reasonably have prevented. Such an overrun does not oblige ECOPHANT to pay compensation nor does it entitle the buyer to terminate the contract.
- If the estimated delivery time referred to in paragraph 1 of this Article is exceeded, ECOPHANT shall be granted a further delivery period. This additional period corresponds to the originally expected delivery time with a maximum of one month. If this further period is exceeded, the buyer has the right to dissolve the contract without giving reasons.
Article 9 Delivery and transfer of risk
- Once the purchase purchased by the buyer has been received, the risk passes from seller to buyer.
Article 10 Delivery
- ECOPHANT must take the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.
- The place of delivery is the address provided by the consumer to ECOPHANT.
- In compliance with the provisions of Article 4 of these General Terms and Conditions, ECOPHANT will execute accepted orders promptly, but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will receive a notification of this no later than 30 days after placing the order.
- In this case, the consumer has the right to dissolve the contract at no cost.
Article 11 Guarantees and complaints
- ECOPHANT provides a guarantee for the products delivered by it, calculated from the date of invoicing to the Buyer, in the case of defects attributable to the Seller and occurring under normal use, on the basis of the following depreciation procedure: – within 1 year of the invoice date: the cost of repair or replacement, including freight within the Netherlands, are completely for the account of ECOPHANT.
- The customer is obliged to inspect the delivered goods immediately upon receipt. If it turns out that the delivery item is incorrect, defective or incomplete, the customer (before returning it to ECOPHANT) must immediately notify ECOPHANT in writing of these defects.
- Any defects or incorrectly delivered goods must and can be reported to ECOPHANT in writing up to a maximum of 2 months after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Upon commissioning after discovery of the defect, damage after discovery of the defect, encumbrance and/or resale after discovery of the defect, this right of complaint and return expires completely.
- If complaints by the customer are found by ECOPHANT to be justified, ECOPHANT will, at its own discretion, replace the delivered goods free of charge or conclude a written agreement with the customer on compensation, whereby the liability of ECOPHANT and thus the amount of compensation is always limited to a maximum of the invoice amount of the goods in question, or (at the discretion of ECOPHANT) ) up to the maximum amount covered by ECOPHANT's liability insurance in each case . Any liability of ECOPHANT for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damages or damages due to loss of profit.
- ECOPHANT is not liable for damages caused by the faulty assembly of the product by the buyer or a third party.
- This warranty does not apply if:
a) As long as the buyer is in default with ECOPHANT;
b) The customer has parried and/or processed the delivered goods himself or had them repaired/or processed by third parties;
c) The delivered goods have been exposed to abnormal conditions or will otherwise be treated carelessly or contrary to the instructions of ECOPHANT and/or instructions for use on the packaging;
d) The inadequacy is, in whole or in part, the result of regulations that the government has established or will enact regarding the type or quality of the materials used.
Article 12 Liability
- ECOPHANT is only liable for damages caused by the customer if and to the extent that this damage was caused by intent or intentional recklessness.
- If ECOPHANT is liable for damages, it shall only be liable for direct damages resulting from or in connection with the execution of a contract.
- ECOPHANT is never liable for indirect damages such as consequential damages, lost profit savings or damage to third parties.
- If ECOPHANT is liable, this liability is limited to the amount caused by damage to third parties. The (professional) liability insurance is paid out and in the absence of full payment of the amount of damage by an insurance company, liability is limited to the part of the invoice amount to which the liability relates.
- All images Photos, colors, drawings Descriptions on the website or in a catalog are indicative only and are only approximate and cannot lead to compensation and/or (partial) termination of the contract and/or suspension of any obligation.
Article 13 Limitation of liability
- 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 exconisation are demonstrably unreasonably burdensome for the buyer.
- The seller is never liable for indirect damages, including damages caused by third parties.
Article 14 Force majeure
- If the Seller is unable to fulfil its obligations under the contract due to force majeure, in a timely manner or not properly, it shall not be liable for any damage incurred by the Buyer.
- In any case, force majeure means a circumstance that the Seller could not take into account at the time of conclusion of the contract and on the basis of which the normal execution of the contract cannot reasonably be demanded by the Buyer, such as illness, war or danger of war, civil war and riot, sabotage, terrorism, flood of power failure, earthquakes, fire, business formation, strikes, exclusion of employees, changed state measures, transport difficulties and other malfunctions in the seller's business.
- In addition, the parties understand force majeure to mean the fact that delivery companies on which the Seller is dependent for the execution of the contract do not fulfil the contractual obligations towards the Seller, unless this can be attributed to the Seller.
- If a situation such as the previous one occurs in which it does not comply with its obligations, these obligations will be suspended as long as the seller is unable to meet its obligations. If the situation referred to in the previous sentence lasted 30 calendar days, the parties have the right to dissolve the agreement in whole or in part in writing.
- If the force majeure lasts longer than three months, the buyer has the right to dissolve the contract immediately. Dissolution is only possible by registered mail.
Article 15 Intellectual property
- ECOPHANT reserves intellectual property rights (including copyright, patent, trademark, drawings and design rights) to all products, designs, drawings, fonts, data carriers containing data or other information, offers, images, sketches, models, models, models, models, models, models, models, unless the parties have agreed otherwise in writing.
- The customer may not mention these property rights without the prior written consent of ECOPHANT . To show and/or make available or otherwise use the copying to third parties.
Article 16 Complaints Policy
- The customer must inform ECOPHANT in writing of any notice of default.
- It is the customer's responsibility to ensure that a notice of default reaches ECOPHANT (on time).
Article 17 Payment
- Unless otherwise specified in the contract or in the additional conditions, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period or, in the absence of a cooling-off period, within 14 days of the conclusion of the contract. In the case of a contract for the provision of a service, this period begins on the day after the consumer has received the confirmation of the contract.
- When selling products to consumers, the consumer may never be required to pay more than 50% in advance in the terms and conditions. If an advance payment has been agreed, the consumer cannot assert any right in relation to the execution of the order or service(s) in question before the agreed prepayment has been made.
- The consumer can use the following payment methods at ECOPHANT: Ideal, PayPal, Mastercard VISA, Bancontact Mister Cash, Sofortüberweisung, Maestro, American EXPRES and Klarna.