Terms & Conditions


General terms and conditions Ekopura B.V.

Table of Content:

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of right of withdrawal
Article 9 – The price
Article 10 – Compliance and Warranty
Article 11 – Delivery and implementation
Article 12 – Extended transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints
Article 15 – Applicable law and jurisdiction
Article 16 – Intellectual property
Article 17 – Personal information
Article 18 – Links
Article 19 – Additional or different terms

 

Article 1 – Definitions

In these conditions the following definitions shall apply:

1. Grace period: The period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person not acting from a profession or business and that is entering into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Extended transaction: a distance contract relating to a range of products and / or services, the supply and / or purchase is spread over time;
5. Durable data storage device: any means by which the consumer or business can 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 ability for consumers to withdraw from the extended transaction within the grace period of the contract;
7. Entrepreneur: the natural or legal entity that offers products and / or services to consumers based on extended transactions;
8. Distance contract: an agreement through a system organized by the entrepreneur for distance selling of products and / or services up until the conclusion of the agreement, for which exclusive use of one or more distance communication technologies has been made;
9. Technology for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being in the same room.

 

Article 2 – Identity of the entrepreneur

Ekopura B.V.
PO Box 256
2130 AG Hoofddorp
Phone: 023-5629513
Commercial Register: 60874082
VAT identification number: NL854097971B01

 

Article 3 – Applicability

1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.

2. Before the distance contract is concluded, the text of these general conditions is made available to the consumer. If this is not reasonably possible, it is indicated before the distance contract is concluded, that the general terms and conditions are available for inspection at the entrepreneur’s premises and that they will be sent free of charge as soon as possible at the request of the consumer.

3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple way on a durable data storage device. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where to find the general terms and conditions electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.

4. In the event that besides these general terms and conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer can always, in case of conflicting terms rely on the applicable provision that for him is most favorable.

Article 4 – The offer

1. If an offer has a limited validity or is subject to certain conditions, this will be explicitly stated in the offer.

2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur makes use of images, they are a true reflection of the products and / or services. Obvious mistakes or errors in the offer are not binding to the entrepreneur.

3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are connected to accepting the offer. This concerns in particular:

• the price including taxes;

• any costs of delivery;

• how the agreement will be established and what are the required actions to do so;

• whether the right of withdrawal applies or not;

• the method of payment, delivery and implementation of the contract;

• The deadline for accepting the offer, or the deadline within which the entrepreneur guarantees the price;

• the price rate for distance communication if the cost of using the technique for distance communication are calculated on a basis other than the regular fare for the means of communication;

• whether the contract is filed after conclusion, and if so, how this can be accessed by the consumer;

• the way the consumer can check the data supplied by him under the contract, and correct if necessary, before concluding the agreement;

• any other languages, next to Dutch, in which the contract may be concluded;

• The code of conduct to which the entrepreneur is subject and the way the consumer can consult this code of conduct electronically; and

• the minimum duration of the extended transaction in the event of an extended distance contract.

 

Article 5 – The contract

1. The agreement is subject to the provisions of paragraph 4, and is concluded at the time the consumer accepts the offer and meets the corresponding conditions.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.

3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety precautions.

4. The entrepreneur can – within the law – inform himself of the possibility of the consumer to meet its payment obligations, and of all those facts and factors relevant to a sound conclusion of the distance contract. If the entrepreneur has justified reasons not to conclude the contract based on this investigation, he is entitled to refuse or to attach special conditions to the execution of an order or request.

5. The entrepreneur will deliver together with the product or service to the consumer the following information in writing or in such a way that it can be stored in an accessible manner by the consumer on a durable data storage device:

a. the address of the establishment of the business where consumers can file complaints;
b. the conditions and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about guarantees and after sales service;
d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has provided this information already to the consumer before the execution of the agreement;
e. the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite.

6. In the event of a extended transaction is the provision in the previous paragraph applies only to the first delivery.

 

Article 6 – Right of withdrawal

1. When purchasing products, the consumer can cancel the contract without giving any reason within 14 days. This period commences on the date of receipt of the product by the consumer.

2. During this period the consumer will treat the product and packaging with care. He will only unpack the product only to the extent that is necessary to assess whether he wishes to keep the product or not. The product warranty and the right of withdrawal expire at the time of opening of the product packaging. If the consumer exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, according to the reasonable and clear instructions and conditions provided by the entrepreneur.

Article 7 – Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, at maximum the cost of the return shipment will be for the consumer’s account.

2. If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible but no later than 30 days after the return or cancellation.

Article 8 – Exclusion of right of withdrawal

1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if submitted clearly in the offer, or at least stated in time before the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products:

a. which are established by the entrepreneur to the consumer’s specifications.;
b. that are clearly personal in nature;
c. that can not be returned because of their nature;
d. that spoil or become obsolete;
e. whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;

Article 9 – The price

1. During the period mentioned in the offer the prices of the products and / or services will not be increased, except for price changes due to changes in VAT rates.

2. Notwithstanding the preceding paragraph, the entrepreneur can offer products or services at variable prices if they are subject to fluctuations in the financial market and on which the entrepreneur has no control. These fluctuations and the fact that these prices are target prices will be mentioned clearly in the offer.

3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.

4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has agreed and:

a. they are the result of legislation or regulations; or
b. the consumer has the right to terminate the agreement as of the date the increase takes effect.

5. The prices for supply of products or services mentioned are including VAT.

 

Article 10 – Compliance and Warranty

1. The entrepreneur guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and the existing laws on the date of the conclusion of the agreement provisions and / or government regulations. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.

2. Guarantees provided by the entrepreneur, manufacturer or importer do not affect the legal rights and claims that the consumer may assert under the agreement against the entrepreneur based on the law and / or the distance contract.

Article 11 – Delivery and implementation

1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the delivery of services.

2. The place of delivery is the address that the consumer makes known to the company.

3. Subject to what is stated in Article 4 of these Terms and Conditions, the Company accepted orders expeditiously but at latest within 30 days unless a longer delivery time has been agreed. If the delivery is delayed or if an order is not or only partially carried out, the consumer receives notification within 30 days after placing the order. The consumer in this case has the right to cancel the order without penalty and be entitled to compensation.

4. In case of termination of the agreement in accordance with the preceding paragraph, the entrepreneur pay back the amount that consumers paid as soon as possible but no later than 30 days after the cancellation.

5. If delivery of an ordered product proves impossible, the entrepreneur will endeavour to provide a replacement product. The consumer will be notified at latest at the delivery that a replacement item is delivered in a clear and comprehensible manner. For replacement items right of withdrawal can not be excluded. The cost of the return shipment will be borne by the entrepreneur.

6. The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer, unless otherwise expressly agreed.

 

Article 12 – Extended transactions: duration, termination and renewal

1. The consumer may denounce an indefinite contract at all times provided that the applicable termination rules are applied and under a notice period of maximum one month.

2. A contract for a definite period has a maximum duration of two years. If it is agreed that without any indication from the consumer the distance contract will be extended, it will be extended as a contract of indefinite duration and the applicable notice period for termination for both parties will be at maximum one month.

Article 13 – Payment

1. Unless subsequently agreed the amounts owed by the consumer shall be paid within 14 days after delivery of the goods or in the case of a contract to provide a service, within 14 days after issuance of documents relating to this.

2. When selling products to consumers the general conditions may never stipulate an advance payment of more than 50%. If advance payment is agreed, the consumer may not assert any rights regarding the delivery of the order or service (s) before the advance payment has been made.

3. The consumer has the duty to immediately notify inaccuracies in payment data supplied to the entrepreneur.

4. In case of default by the consumer, the entrepreneur has the right to charge reasonable costs to the consumer that were informed in advance, subject to statutory limitations,

Article 14 – Complaints

1. The entrepreneur has a well-publicized complaints procedure and deals with complaints through this procedure.

2. Complaints about the performance of the contract must be promptly, fully and clearly described and submitted to the entrepreneur, after the consumer has discovered the defects.

3. The complaints received by the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint has a a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

 

Article 15 – Applicable law and jurisdiction.

All offers of the entrepreneur, its agreements and their implementation are exclusively governed by Dutch law. The applicability of the CISG, Vienna convention, is expressly excluded.

Article 16 – Intellectual property

The consumer acknowledges that all intellectual property rights of the shared information, communications or other expressions concerning the products and / or with respect to the internet site belong exclusively to the entrepreneur, its suppliers or other copyright holders.

Article 17 – Personal Information

The entrepreneur will only process the consumer’s data in accordance with its privacy policy. The entrepreneur will respect the applicable privacy laws and regulations.

Article 18 – Links

The site of the entrepreneur may contain advertisements from third parties or links to other sites. On the privacy policies of these third party sites, the entrepreneur has no influence and is therefore not liable.

Article 19 – Additional or different terms

Additional or different provisions from these terms and conditions may not be to the detriment of consumers and should be recorded in writing or may be such that these can be stored on a durable data storage device by the consumer in an accessible manner.