1.1 In these General Terms and Conditions the following terms shall be capitalized. These terms shall mean:
‘Reflection period’: the period within which the Customer may use its right of withdrawal.
1.2 ‘Right of withdrawal’: the option of the Customer to withdraw from the distance agreement within the reflection period.
1.3 ‘Agreement’: any agreement concluded between Ecoform Europe and the Customer in the context of an organized distance sales or service system without the simultaneous physical presence of Ecoform Europe and Customer and which, up to and including the moment at which the agreement is concluded, makes exclusive use of one or more means of distance communication.
1.4 ‘Acknowledgement of receipt’: the acknowledgment of receipt, as defined in Article 3.2 of these Terms and Conditions.
1.5 ‘Product(s)’: the Product or Products that at the conclusion of an Agreement between Ecoform Europe and the Customer by or through the Ecoform Europe Webshop shall or should be delivered to the Customer within an agreed period, for which Customer shall pay a certain price;
1.6 ‘Terms and Conditions’: these general terms and conditions of webshop.
1.7 ‘Website’: www.ecoformeurope.co.uk, where Ecoform Europe sells products to both national and international customers.
2.1 These Terms and Conditions apply to all distance offers, orders and Agreements concluded with the Customer through the Website of Ecoform Europe and where Ecoform Europe is the supplier. The Customer expressly accepts these Terms and Conditions when concluding an Agreement between the Customer and Ecoform Europe, through the procedure as described in Article 3 of these Terms and Conditions.
2.2 Before the distance Agreement is concluded, the text of these Terms and Conditions shall be made available to the Client in such a way that it can be easily stored on a durable data carrier by the Customer.
2.3 Deviations from the provisions of these Terms and Conditions may only take place with the written approval of Ecoform Europe, in which case the other provisions of these Terms and Conditions shall remain in full force.
2.4 All rights and claims, as stipulated in these Terms and Conditions and in any further Agreements on behalf of Ecoform Europe, are also stipulated on behalf of intermediaries and other third parties engaged by Ecoform Europe.
2.5 Ecoform Europe has the right to change these Terms and Conditions and the content of its Website.
3.1 If Ecoform Europe should increase the purchase price of the product pursuant to a statutory regulation or a final and non-appealable court ruling, it will notify the Customer of this immediately in writing (by letter or e-mail). The Customer shall, in such case, be entitled to terminate this Agreement by giving written notice to Ecoform Europe (by letter or e-mail). Ecoform Europe is not bound by its offer in the event of printing, typographical or programming errors in its catalogs, mailings or on the Website. Ecoform Europe is not liable for the consequences of inaccurate or incomplete information in its catalogs, mailings or on the Website.
3.2 The Agreement is concluded at the time of acceptance by the Customer of the offer and the fulfillment of the corresponding conditions. If the Customer has accepted the offer electronically, Ecoform Europe shall immediately confirm receipt of the acceptance of the offer electronically. Until the receipt of this acceptance has been confirmed, the Customer may terminate the Agreement.
3.3 Ecoform Europe may investigate, within the statutory parameters, whether the Customer can meet its payment obligations and investigate all those facts and factors that are important for the responsible conclusion of a distance Agreement. If Ecoform Europe on the basis of this investigation has sound reasons for not entering into the Agreement, it is entitled to refuse an order or request giving reasons or to attach special conditions to the performance of the Agreement.
3.4 The Acknowledgement of receipt shall in each case contain the following information:
(a) a description of the Product that is purchased by the Customer and the number of Products purchased by the Customer;
(b) the price of the Product(s), including taxes;
(c) the name, residential address, delivery address of the Customer(s) where the Product(s) should be sent, billing address (if different from the residential address and/or delivery address), e-mail address and telephone number of the Customer;
(d) any costs of delivery;
(e) the order number of the Agreement.
3.5 The Agreement contains all arrangements made between the Customer and Ecoform Europe and replaces all previous Agreements, schemes and/or arrangements between the Customer and Ecoform Europe.
3.6 The administration of Ecoform Europe applies as evidence, subject to evidence to the contrary, of the Orders placed by the Customer to Ecoform Europe, of payments made and of deliveries carried out by Ecoform Europe. Ecoform Europe recognizes that electronic communication can serve as evidence. By accepting these Terms and Conditions, this is also recognized by the Customer.
4. TRANSPORT AND DISPATCH COSTS
4.1 All prices for the Products are in GBP and include turnover tax (VAT) and other levies imposed by the government. Transport costs are calculated separately, depending on the destination and the total amount of the order and are provided to the Customer before the Customer concludes the Agreement:
www.ecoformeurope.co.uk/customer-service (shipping costs).
4.2 Ecoform Europe determines the mode of delivery and is entitled to deliver orders in parts.
4.3 The risk during the transport of the Product ordered by the Customer is for Ecoform Europe. At the time physical possession of the Product is taken, the risk of the Product passes to the Customer, subject to legal obligations that cannot be excluded by Ecoform Europe.
4.4 For orders from abroad, any applicable bank charges, turnover tax and import duties are for the account of the Customer. A Customer from abroad may not pay by direct debit authorization.
5. DELIVERY TIME
5.1 If Ecoform Europe and the Customer have not agreed on a specific delivery date in the Agreement, the delivery of the Product within the European Union (including the United Kingdom) shall take place as soon as possible and in any event not later than thirty calendar days after the conclusion of the Agreement. Delivery outside the European Union shall take place within a reasonable period of time.
5.2 If the agreed delivery period, for any reason whatsoever, is exceeded by Ecoform Europe, Ecoform Europe shall immediately notify the Customer of this in writing (by letter or e-mail). In such case, the Customer may request Ecoform Europe to make the delivery within an additional period which is appropriate in the circumstances. If Ecoform Europe does not make the delivery within the additional period, the Customer is entitled to terminate the Agreement.
5.3 The payments made by the Customer in the context of the performance of the Agreement which is cancelled by Customer, pursuant to Article 5.2 of these Terms and Conditions, shall be repaid to the Customer by Ecoform Europe within 14 calendar days after Ecoform Europe has received the request referred to in Article 5.2.
5.4 If the Customer has sustained demonstrable damage as a result of Ecoform Europe exceeding the delivery period, Ecoform Europe shall reimburse the Customer for this damage to a maximum amount of the invoice amount, irrespective of whether the Customer has terminated the Agreement with Ecoform Europe.
6. RIGHT OF WITHDRAWAL
6.1 After the Customer has received the Products ordered by it, the Customer is entitled to terminate the underlying Agreement with Ecoform Europe within 14 calendar days after receipt of this Product and unopened. The Customer is not required to give a reason for this. This provision does not apply to Products:
a. that are altered by Ecoform Europe in accordance with the Customer’s specifications;
b. that by their nature cannot be returned;
c. that quickly become obsolete or spoil;
d. for which the price depends on fluctuations in the financial market, over which Ecoform Europe has no influence;
6.2 If the Customer wishes to terminate the Agreement pursuant to Article 6.1 of these Terms and Conditions, the Customer should inform Ecoform Europe of this in writing (by e-mail or letter). The Customer is required to return the Product to Ecoform Europe as soon as possible or within 14 calendar days unopened or used. The Customer must bear the cost and risk of returning the Product.
6.3 The payments made by the Customer at the time that the Customer cancels the Agreement with Ecoform Europe, pursuant to Articles 6.1 and 6.2 of these Terms and Conditions, shall be repaid by Ecoform Europe to the Customer within 14 calendar days after Ecoform Europe has been informed of the decision by the Customer to cancel the Agreement, including delivery charges (but excluding any additional costs resulting from the choice of the Customer for a different delivery than the cheapest standard delivery provided by Ecoform Europe). Repayment shall be made by the same method of payment used by the Customer in the original transaction, unless the Customer has explicitly agreed otherwise; in both cases no fee will be charged to the Customer for such repayment.
6.4 If a Product is returned that, in the opinion of Ecoform Europe, has suffered damage or has been reduced in value as a result of the treatment of the Product(s) which exceeded that which was necessary to determine the nature, characteristics and functioning of the Product(s), then Ecoform Europe shall notify the Customer of this in writing (by letter or e-mail). Ecoform Europe is entitled to deduct the reduction in value of the Product as a result of this damage from the amount payable to the Customer.
7. NO GOOD MONEY BACK
7.1 If, within 30 calendar days after the Customer has received the Product, the Product is found to have a defect or the Customer is of the opinion that the Product does not reasonably meet its requirements, the Customer has two options:
(a) the Customer may request Ecoform Europe in writing (by letter or e-mail) for replacement or the delivery of the missing or defective part of the Product; or
(b) the Customer may terminate the Agreement with Ecoform Europe, by informing Ecoform Europe of this in writing (by letter or e-mail).
7.2 If the Customer asks Ecoform Europe to replace or deliver the missing or defective part of the Product, the Customer must return the Product to Ecoform Europe unopened or used. Ecoform Europe shall then replace the Product within a reasonable time after it has received the Product from the Customer and send it back to the Customer. The cost of the return shipment by the Customer, the replacement of the Product, and the return of the Product to the Customer shall be for the account of Ecoform Europe, unless it is plausible that the missing (part of the) Product or the defect to the Product is attributable to the Customer or is otherwise for the account and risk of the Customer. In such case, Ecoform Europe is not required to repair the defect to the Product or add the missing part to the Product. In such case, Ecoform Europe shall return the Product to the Customer in the same condition as that in which it received the Product from the Customer.
7.3 If the Customer terminates the Agreement on the basis of Article 7.1 (b) of these Terms and Conditions, the Customer must immediately return the Product unopened or used to Ecoform Europe. The costs of the return dispatch are for the account of Ecoform Europe. The purchase price of the Product shall be refunded within 14 calendar days to the bank account of the Customer. Article 6.4 of these Terms and Conditions applies to this paragraph.
8.1 The Customer must respect all intellectual property rights of the Product delivered by Ecoform Europe.
9.1 The Products supplied by Ecoform Europe have a guarantee. This is a guarantee as is provided by the manufacturer for its Products. This guarantee does not affect the rights of the Customer arising from the law, these Terms and Conditions or the Agreement.
10.1 All complaints related to the delivery, quality and condition of the Product or any other complaint shall be dealt with by Ecoform Europe.
10.2 The Customer must make a complaint known to the Customer Service of Ecoform Europe (details are listed in Article 12 of these Terms and Conditions).
10.3 Ecoform Europe shall attempt to resolve the complaint within 14 calendar days. If a complaint requires a foreseeable longer time for processing, Ecoform Europe shall inform the Customer of this within the period of 14 calendar days after receipt of the complaint and indicate when the Customer can expect to receive a more detailed response. Ecoform Europe shall inform the Customer of this in writing (by letter or e-mail).
11.1 Ecoform Europe respects the privacy of the Customers of its site and ensures that the personal data provided to Ecoform Europe is kept confidential. Ecoform Europe acts hereby in accordance with the relevant provisions of the Data Protection Act (in Dutch: Wet Bescherming Persoonsgegevens). Ecoform Europe uses the personal data to process orders as quickly and easily as possible and provide Customers with the most complete service possible through the Customer Service department. Furthermore, Ecoform Europe shall not sell or trade any data provided to it to third parties. The data of the Customer shall only be made available to third parties that are directly involved in carrying out the order.
11.2 The Customer may inspect his or her personal data at any time by submitting a written request (by letter or e-mail) to this effect to Ecoform Europe, webshop department. In such case, Ecoform Europe shall provide the Customer with an overview of his/her personal data held by the Ecoform Europe webshop within 4 weeks. If the Customer believes that his or her personal data should be corrected, supplemented, deleted or protected because it is factually incorrect, is irrelevant or is processed in violation of a statutory regulation, the Customer should notify Ecoform Europe of this in writing (by letter or e-mail), in which the Customer indicates that his or her personal data should be corrected, supplemented, deleted or protected. If the Customer wishes his or her personal data to be improved and/or supplemented, the Customer shall include these improvements/additions to his or her personal data in its notification. In all cases, Ecoform Europe shall immediately comply with the instructions of the Customer, unless Ecoform Europe is unable to do so. In such case, Ecoform Europe shall remove the personal data of the Customer from its file(s). Ecoform Europe shall instruct any third parties, to whom the personal data of the Customer has been provided, to process any changes, protection or deletion of the personal data of the Customer
12. ECOFORM EUROPE CUSTOMER SERVICE
12.1 All Agreements concluded with Ecoform Europe are governed by Dutch law.
12.2 In principle, the courts have jurisdiction to hear disputes between the parties unless the parties agree otherwise.