Index:

Article 1 - DEFINITIONS
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - the offer
Article 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 - Conformity and warranty
Article 11 - Delivery and implementation
Article 12 - Duration transactions: duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Applicable law and competent court
Article 16 - Intellectual Property
Article 17 - Personal data
Article 18 - Left
Article 19 - Additional or deviating provisions

Article 1 - Definitions

These terms and conditions means:

1. Consideration: the period within which the consumer can use his right of withdrawal;
2. Consumer: The natural person who does not act in the exercise of profession or business and an agreement concluded by the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
5. Sustainable data carrier: Each means that enables the consumer or entrepreneur to store information that is personal to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to refrain within the reflection time of the remote agreement;
7. Entrepreneur: the natural or legal person who offers products and / or remote services to consumers;
8. Remote agreement: an agreement whereby in the context of a remote sale of products and / or services organized by the entrepreneur, to the conclusion of the agreement, is made exclusively of one or more remote communication techniques;
9. Technology for remote communication: Purpose that can be used to conclude an agreement, without consumer and entrepreneur have arrived simultaneously in the same room.

Article 2 - Identity of the entrepreneur

Ekopura B.V.

Joos Banckersweg 17H

1056EP Amsterdam

Netherlands

Telephone number: +31 (0)20 711 7973
KVK number: 60874082
VAT identification number: nl854097971B01

 

Article 3 - Applicability

1. These general terms and conditions apply to any offer of the entrepreneur and at a distance agreement between entrepreneur and consumer.

2. Before the remote agreement is concluded, the text of these general terms and conditions will be made available to consumers. If this is reasonably not possible, before the remote agreement is concluded, it will be stated that the general terms and conditions can be viewed in the entrepreneur and they will be sent free of charge at the request of the consumer.

3. If the remote agreement is closed electronically, controlled from the previous paragraph and before the remote agreement is concluded, the text of these General Terms and Conditions by electronic means to the consumer are made in such a way that this by the Consumers in a simple way can be stored on a sustainable data carrier. If this is reasonably possible, before the remote agreement is concluded, it will be specified where the general terms and conditions can be taken by electronic means and that they will be sent electronically or in other ways at the request of the consumer.

4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraph of corresponding application is and the consumer can always rely on the applicable provision in the event of conflicting general terms and conditions that most favorable.

Article 4 - The offer

1. If an offer has a limited validity period or under conditions, this is emphatically stated in the supply.

2. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to make a good assessment of the offer by consumers possible. If the entrepreneur uses images, these are a truthful representation of the products and / or services offered. Apparent errors or apparent errors in the range do not bind the entrepreneur.

3. Each offer contains such information that is clear to the consumer what the rights and obligations are attached to the acceptance of the offer. This in particular concerns:

The price including taxes;

• the possible cost of delivery;
• The way in which the agreement will be established and what acts are necessary for this;
• whether or not to apply the right of withdrawal;
• the method of payment, delivery and implementation of the agreement;
• The deadline for acceptance of the supply, or the period within which the entrepreneur guarantees the prize;
• the level of the remote communication rate if the costs of using the technique for remote communication are calculated on a basis other than the regular basic rate for the means of communication;
• whether the agreement is archived after the creation, and if so how to consult it for consumers;
• the way in which the consumer, for the conclusion of the agreement, can check the data provided by it under the Agreement and, if desired;
• any other languages ​​in which, in addition to Dutch, the agreement can be concluded;
• the codes of conduct that the entrepreneur has been subjected and the way in which the consumer can consult these codes of conduct by electronic means; and
• The minimum duration of the remote agreement in the event of a duration transaction.

Article 5 - The agreement

1. The Agreement shall, subject to the provisions of paragraph 4, established at the time of acceptance by the consumer of the supply and complying with the conditions laid down.

2. If the consumer has accepted the offer electronically, the entrepreneur will immediately provide the receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.

3. If the agreement is established electronically, the entrepreneur finds appropriate technical and organizational measures to protect the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will respect appropriate safety measures to this.

4. The entrepreneur may notify - within legal frameworks - whether the consumer can comply with his payment obligations, as well as all those facts and factors that are important for a successful entering into the remote agreement. On the basis of this study, if the entrepreneur has good grounds to not enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to implementation.

5. With the product or service to consumers, the entrepreneur will send the following information, in writing or in such a way that it can be stored in a sustainable data carrier by the consumer in an accessible manner:

a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal or a clear report on being excluded from the right of withdrawal;
c. the information about guarantees and existing service after purchase;
d. The data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the implementation of the agreement;
e. The requirements for cancellation of the agreement if the agreement has a duration of more than one year or is of an indefinite period.

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

Article 6 - Right of withdrawal

1. When purchasing products, the consumer has the option of decomposing the agreement without stating reasons for 30 days. This reflection period goes through the consumer in the day after receiving the product.

2. During the reflection time, consumers will handle the product and packaging carefully. He will unpack the product only to the extent that it is necessary to be able to assess whether he wishes to preserve the product. At the time of opening the first user guarantee of the product, the right of withdrawal. If he uses his right of withdrawal, he will return the product with all supplied 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.

Article 7 - Costs in the event of a revocation

1. If the consumer uses his right of withdrawal, the costs of return will be charged at most.

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

Article 8 - Exclusion of the right of withdrawal

1. If the consumer does not have a right of withdrawal, this may only be excluded by the entrepreneur, the entrepreneur has clearly stated this in the supply, at least timely to the conclusion of the agreement.

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

a. established by the entrepreneur in accordance with consumer specifications;
b. which are clearly personal in nature;
c. which cannot be returned by their nature;
d. that can spoil or aging quickly;
e. whose price is bound by fluctuations on the financial market to which the entrepreneur has no influence;

Article 9 - The price

1. During the validity period specified in the offer, the prices of the products and / or services offered are not increased, except for price changes due to changes in VAT rates.

2. By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are bound to fluctuations on the financial market and where the entrepreneur does not affect variable prices. This bondage to fluctuations and the fact that any prices stated are target prices are stated in the supply.

3. Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has this stipulated and:

a. these are the result of legal regulations or provisions; or
b. The consumer the authority has to cancel the agreement with effect from the day on which the price increase starts.

5. The prices mentioned in the range of products or services include VAT.

Article 10 - Conformity and warranty

1. The entrepreneur states that the products and / or services meet the agreement, the specifications mentioned in the offer, to the reasonable requirements of reliability and / or usability and the legal requirements on the date of the conclusion of the agreement provisions and / or public regulations. If agreed, the entrepreneur is also in that the product is suitable for other than normal use.

2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can apply to the entrepreneur under the Agreement on the basis of the Law and / or the Remote Convention.

Article 11 - Delivery and implementation

1. The entrepreneur will comply with the greatest possible care when receiving and in the execution of products orders and in the assessment of applications for the provision of services.

2. If the place of delivery, the address applies that the consumer has made known to the company.

3. With due observance of what is specified in Article 4 of these General Terms and Conditions, the company will perform accepted orders with a competent emergency but no later than 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed only or only partially, the consumer will receive this no later than 30 days after he has placed the order message. In that case, consumers have the right to terminate the agreement without costs and to any compensation.

4. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than within 30 days after decomposition.

5. If delivery of an ordered product appears to be impossible, the entrepreneur will make efforts to make a replacement item available. At the latest when delivery will be reported to a clear and comprehensible manner that a replacement item is supplied. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are borne by the entrepreneur.

6. The risk of damaging and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer unless explicitly agreed otherwise.

Article 12 - Duration transactions: Duration, cancellation and extension

1. Consumers cancel an agreement that has been entered into at all times at any time with due observance of agreed cancellation rules and a notice period of no more than one month.

2. An agreement that has been entered into for a limited time has a maximum period of two years. If it has been agreed that the remote agreement will be extended in silence of the consumer, the agreement will continue as an agreement for an indefinite period and the cancellation period for both parties will amount to a maximum of one month after continuing the agreement.

Article 13 - Payment

1. To the extent that it has not been agreed later, the amounts owed by the consumer must be met within 14 days of delivery of the good or in the event of an agreement to provide a service, within 14 days of issue of the documents concerned .

2. When selling products to consumers, a prepayment of more than 50% may never be stipulated in general terms and conditions. When prepayment has been stipulated, the consumer cannot afford any right regarding the implementation of the relevant order or service (s) before the stipulated prepayment has taken place.

3. The consumer has the duty to report inaccuracies to the entrepreneur without delay in preliminary or stated payment details.

4. In the event of a consumer default, the entrepreneur shall, subject to legal restrictions, the right to charge the reasonable costs known to the consumer in advance.

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently announced complaints procedure and deals with the complaint in accordance with this complaints procedure.

2. Complaints about the implementation of the Agreement must be submitted within a skilled time, fully and clearly defined by the entrepreneur after the consumer has found the defects.

3. Complaints submitted to the entrepreneur are recognized within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur responds within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

Article 15 - Applicable law and competent court

Only Dutch law applies to all offers from the entrepreneur, its agreements and its implementation. Applicability of the Vienna Sales Convention is expressly excluded.

Article 16 - Intellectual property

The consumer explicitly acknowledges that all intellectual property rights of information, notices or other expressions with regard to the products and / or with regard to the internet site are based on the entrepreneur, its suppliers or other rightholders.

Article 17 - Personal data

The entrepreneur will only process consumer data in accordance with its privacy policy. The entrepreneur observes the applicable privacy law and regulations.

Article 18 - Links

The site of the entrepreneur can contain advertisements from third parties or links to other sites. The entrepreneur has no influence on the privacy policy of these third parties or their sites and is not responsible for this.

Article 19 - Additional or deviating provisions

In addition to these General Terms and Conditions, the provisions of these General Terms and Conditions may not be in writing to be laid down in writing or in such a way that it can be stored by the consumer in an accessible manner on a sustainable data carrier.