General conditions for Ecodor
1. DEFINITIONS
In these General Conditions the following definitions shall apply:
“ORO b.v.”: the company operating under the trade name “Ecodor”, having its registered office in Vlaardingen, located at Stoomloggerweg 8 in Vlaardingen, registered under number 24352607 with the Rotterdam Chamber of Commerce. Ecodor’s VAT number is NL812513460B01.
“Receipt Confirmation”: the receipt confirmation, as defined in article 3.2 of these Conditions.
“Product”: the product or products which by entering into a contract between Ecodor and you are to be delivered to you by or through Ecodor within an agreed period, for which you are to pay a certain price;
“Conditions”: these general conditions.
2. APPLICABILITY
2.1 These General Conditions shall apply to all our offers, quotations and agreements.
2.2 Insofar as not otherwise agreed in an agreement, these general terms and conditions will apply. The customer’s general terms and conditions are hereby expressly rejected.
2.3 All offers, orders and contracts concluded through Ecodor’s website to which Ecodor is a party are subject to these Conditions, to the exclusion of any other general conditions. By entering into a contract between you and Ecodor through the procedure described in article 3 of these Conditions, you expressly accept these Conditions.
2.4 The provisions of these Conditions may only be deviated from after written approval by Ecodor, in which case the remaining provisions of these Conditions remain in full force.
2.5 All rights and claims, as stipulated in these Conditions and in any further agreements for Ecodor, are also stipulated for the benefit of intermediaries and other third parties engaged by Ecodor.
2.6 Ecodor has the right to change these Conditions and the contents of its website.
3. OFFERS/AGREEMENTS
3.1 All our offers and quotations or other statements, whether written or oral, from our representatives and/or employees are without obligation.
3.2 The user name and password chosen by you when you register are personal. You must treat them confidentially and use them exclusively for your own use.
3.3 An agreement is only concluded after we have confirmed an order in writing.
3.4 No rights can be derived from incorrect prices. All illustrations are for illustrative purposes only. No rights can be derived from these illustrations.
3.5 All offers made on Ecodor’s website are without obligation until you have received the order confirmation. If Ecodor has to increase the purchase price of the product as a result of a legal regulation or a court ruling with force of law, it will inform you immediately in writing (via fax, letter or e-mail). In that case, you have the right to dissolve this contract by notifying Ecodor in writing (via fax, letter or e-mail).
3.6 The contract between Ecodor and you comes into effect at the moment after you:
(a) placed an order on Ecodor’s website by fully and correctly completing the order form on Ecodor’s website in the following way; (b) placed the selected products in the basket, (c) proceeded to checkout, (d) enters the shipping/payment method and accepts the condition, (e) completed the order form fully and correctly, (f) clicks on continue; the order has been placed and you will automatically receive an order confirmation, (g) Ecodor will refuse your order if there are reasons to do so. In this case, the contract will not be fulfilled.
3.7 The order confirmation will in any case contain the following information: (a) a description of the product purchased by you and the number of products purchased by you; (b) the price of the product; (c) your name, home address, address to which the product(s) will be sent, billing address (if different from your home address and/or delivery address), your email address and your telephone number (possibly 06 number); (d) the order number of the agreement; (e) Ecodor’s email address and telephone number, where you can contact us with questions regarding your order.
3.8 The agreement contains all agreements made between you and Ecodor and replaces all previously made agreements, arrangements and/or arrangements between you and Ecodor.
3.9 Any agreements, commitments and/or changes to the agreement made after the order confirmation are only binding if agreed in writing between the parties
3.10 Unless proven otherwise, Ecodor’s administration serves as proof of the orders placed and payments made by you to Ecodor and of deliveries made by Ecodor. Ecodor recognizes that electronic communication can serve as evidence. By accepting the conditions you also acknowledge this.
3.11 Discount vouchers provided by Ecodor are not transferable. One discount voucher can be used per order.
3.12 If an item is unexpectedly out of stock, Ecodor will notify you in writing (via fax, letter or e-mail) or by telephone. Ecodor would like to offer you a more than suitable alternative. However, the customer has the right to terminate the agreement in writing (via fax, letter or e-mail) or part thereof. If you have already paid, the excess amount will be refunded within 14 days.
3.13 All goods delivered to the customer remain the property of Ecodor until all amounts owed by the customer for the goods delivered under the agreement have been paid in full to Ecodor.
3.14 If the customer fails to make payment, the agreement will be considered null and void. The goods delivered to the customer are therefore the property of Ecodor. Returning the goods by the customer to Ecodor is at the expense and risk of the customer, unless otherwise agreed in writing.
3.15 If the customer remains in default, Ecodor reserves the right to charge all collection costs to the customer.
3.16 Ecodor may cancel or terminate the agreement in whole or in part with immediate effect without judicial intervention by means of a written notice, if the customer submits a request for suspension of payment, is declared bankrupt – whether or not at his own request – in the event of termination or liquidation of the customer’s activities. We will never be obliged to pay any compensation due to such a cancellation or termination
4. PRICES AND TRANSPORT AND TRANSPORT COSTS
4.1 All prices for the items offered are in Euros and include sales tax (VAT).
The costs of transport depend on the weight and size of your order.
4.2 The prices stated apply to delivery from Ecodor’s warehouse.
4.3 The prices stated are based on prices, wages and levies applicable at the time of the offer or quotation. Changes in exchange rates, labor wages, cost prices of raw materials, materials, parts, transport, insurance premiums, tax charges, social insurance premiums, import duties and other levies imposed or to be imposed by the government can be passed on up to the time of conclusion of the agreement.
4.4 Costs of additions and/or changes to the agreement desired by the customer after the conclusion of the agreement will be borne by the customer.
4.5 The risk during the transport of the product you ordered is for Ecodor. At the time of delivery of the product, the risk of the product passes to you, except for liabilities that cannot be legally excluded by Ecodor.
5. DELIVERY TIME
5.1 The delivery period of the product is a maximum of 30 working days after receipt of payment, or that shorter than stated in the agreement between you and Ecodor. The delivery times specified by Ecodor cannot be regarded as deadlines, unless expressly agreed otherwise. Delivery times are valid as long as Ecodor stocks last.
5.2 In the event that the indicated delivery date or delivery dates cannot be adhered to by us, we will inform the customer thereof as quickly as possible, stating the expected delivery date or delivery dates, without the customer having any right to claim damages in any way. can derive from any form or can proceed with dissolution or can demand fulfillment of the agreement
5.3 If compliance is not fulfilled for more than one month after the final delivery date specified in the agreement, the customer has the right to cancel the agreement in whole or for the part that has not been fulfilled, provided that the cancellation is made by registered letter and this is notified by us before delivery. of the goods in question is received.
5.4 Ecodor will reimburse you for the payments you have made in the context of the execution of the agreement which you terminate in accordance with Article 5.2 of these Terms and Conditions (excluding the postage costs).
5.5 For the application of these provisions, each partial delivery is considered a separate delivery
5.6 Deliveries only take place within the Netherlands (unless otherwise stated on the Ecodor website).
6. COOLING-DOWN PERIOD
6.1 After you have received the product you ordered, you have the authority to terminate the underlying agreement with Ecodor within 7 working days of receiving this product. You do not have to give a reason for this.
6.2 If you wish to terminate the agreement in accordance with Article 6.1 of these conditions, you must notify Ecodor in writing (via e-mail, letter or fax). You must immediately return the product to Ecodor. You must bear the costs and risk of return shipping yourself.
6.3 Ecodor will reimburse you for the payments you have made at the time you revoke the agreement with Ecodor in accordance with Articles 6.1 and 6.2 of these conditions, within 14 days after Ecodor has received the product you returned.
6.4 Ecodor reserves the right to refuse returned products or to credit only part of the amount already paid if it is suspected that the product has already been opened, used or due to your fault (other than that of Ecodor or the supplier of the product ) is damaged.
6.5 If a product is returned that, in the opinion of Ecodor, has suffered damage that is attributable to an act or omission on your part or is otherwise at your risk, Ecodor will inform you of this in writing (via fax, letter or e-mail). set. Ecodor has the right to deduct the depreciation in value of the product as a result of this damage from the amount to be refunded to you.
7. FORCE MAJEURE
7.1 If the execution of the agreement or assignment is not possible due to a shortcoming not attributable to one of the parties and the resulting delay is expected to last longer than one week, each of the parties may terminate the agreement after mutual consultation without informing the other. owe any compensation. This also includes the unavailability of the ordered goods.
7.2 If a shortcoming not attributable to us as referred to in the first paragraph can be considered: Any event or circumstance – even if it could have been foreseen at the time of concluding the agreement or issuing the assignment and/or order – which makes delivery and/or manufacturing difficult or impossible, or which has such an influence on the production of and/or delivery by us, that compliance by us is made so expensive or economically so onerous that the (further) execution of the agreement or assignment under the same conditions cannot reasonably be expected of us.
8. LIABILITY
8.1 If we attributably fail to comply with the agreement, we are only liable for compensation for damage that is the direct result of the failure to perform. Any other form of compensation, such as consequential damage, indirect damage, damage due to lost profits or damage due to delays, is excluded.
8.2 After any right to compensation has arisen, the Customer is obliged to immediately report the damage to us in writing as soon as reasonably possible.
8.3 Ecodor hereby excludes any liability for any damage whatsoever, direct and/or indirect, in any way caused by and/or arising from the use of the site. More specifically, Ecodor will under no circumstances be liable for any damage whatsoever arising in any way from and/or resulting from: the inability to use the site; the unlawful use of Ecodor’s systems, including the site, by a third party
8.4 The limitations of liability for direct and/or indirect damage included in these conditions do not apply if the damage is due to intent or gross negligence on the part of Ecodor or its subordinates.
8.5 Ecodor excludes any liability with regard to the occurrence of damage, direct and/indirect, resulting from the use of the items as offered by Ecodor.
8.6 Ecodor is never liable for indirect damage, including: consequential damage, lost profits, missed savings, damage due to business stagnation and damage due to loss of data.
9. COMPLAINTS
9.1 All complaints relating to the delivery, quality, condition of the product or any other complaint will be taken seriously by Ecodor.
9.2 You must submit a complaint to Ecodor Customer Service (details are stated in Article 10 of these Terms and Conditions).
9.3 Ecodor will try to resolve the complaint within 10 days. Ecodor will inform you about this in writing (via fax, letter or e-mail).
10. PRIVACY
10.1 Ecodor will process your personal data and include it in one or more files.
10.2 The purpose of processing your personal data is to enable Ecodor to fulfill the agreement it has entered into with you, as well as to be able to make personally targeted offers to you.
10.3 The personal data that is processed is all data that you enter in the order form when you order or have ordered a product.
10.4 By entering into an agreement with Ecodor to which these terms and conditions apply, you grant Ecodor express permission to make offers addressed to you personally.
10.5 If you do not wish to have offers addressed to you personally by or on behalf of Ecodor, you can let Ecodor know in writing (via fax, letter or e-mail). Ecodor will indicate in all its offers addressed to you personally where you can indicate that you no longer wish to receive this. Ecodor will then immediately stop this processing of your personal data and anonymize your personal data included in this file (for use for static research by or on behalf of Ecodor).
10.6 You can view your personal data at any time by submitting a written request (via fax, letter or e-mail) to Ecodor. Ecodor will then provide you with an overview of your personal data held by Ecodor within 4 weeks. If you believe that your personal data should be corrected, supplemented, deleted or protected because it is factually incorrect, is not complete or relevant for the above purpose (see paragraph 10.2) or is processed in violation of a legal requirement, you should do so. to Ecodor in writing (via fax, letter or e-mail), indicating that your personal data needs to be corrected, supplemented, deleted or protected. If you wish that your personal data should be improved and/or supplemented, you must also indicate the improvements/additions to your personal data in your message. Ecodor will in all cases immediately follow your instructions, unless Ecodor is unable to do so. In that case, Ecodor will delete your personal data from its file(s).
10.7 The data will not be provided to third parties and will not be used other than for registration.
11. ECODOR CUSTOMER SERVICE
All correspondence based on these Terms and Conditions should be with:
Ecodor 3e Industriestraat 23G 3133 EJ Vlaardingen Phone: 010-2481122 Fax: 010 – 248 11 20 Email: [email protected]
12. GOVERNING LAW, MEDIATION AND DISPUTES
12.1 Dutch law applies to all agreements concluded with Ecodor.
12.2 If a dispute arises between you and Ecodor as a result of an agreement concluded between you and Ecodor, you can request Ecodor to have the Consumers’ Association mediate in this matter, unless the nature of this dispute does not justify such mediation.
12.3 If a dispute cannot be settled amicably on the basis of the previous article or otherwise, the court in Rotterdam has jurisdiction to hear this dispute, unless you notify us in writing within 4 weeks after the dispute arose ( via fax, letter or e-mail) to Ecodor that he or she objects to this. In that case, the rules of the Code of Civil Procedure apply.