General Terms and Conditions Ecozz, established in Deventer.
Version valid from January 2016
1.1 These general terms and conditions apply to all Ecozz offers. The conditions are accessible to everyone and included on the internet site of Ecozz.
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. Ecozz reserves the right to change its delivery and / or payment conditions after expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Ecozz.
1.4 Ecozz guarantees that the delivered product meets the agreement and meets the specifications stated in the offer.
2.1 Delivery takes place while stocks last.
2.2 Within the framework of the rules of distance selling Ecozz will carry out orders at least within 30 days. If this is not possible (due to the fact that the order is not in stock or no longer available), or there is a delay for other reasons, or an order can not or only partially be executed, then the customer will receive within 1 month after the installation of the order and in that case he has the right to cancel the order without costs and notice of default.
2.3 The delivery obligation of Ecozz will, subject to proof to the contrary, be met as soon as the goods delivered by Ecozz have been presented to the customer once. In the case of home delivery, the report of the carrier, which implies the refusal of acceptance, serves as full proof of the delivery offer.
2.4 All terms mentioned on the internet site are indicative. No rights can therefore be derived from the terms mentioned.
3.1 Prices will not be increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer makes interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.
3.3 All prices on the site are in EURO and excluding 21% VAT.
4. Visibility period / right of withdrawal
4.1 If there is a consumer purchase in accordance with the Distance Selling Act (Section 7: 5 Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 14 working days without giving any reason. This period starts at the moment the ordered items are delivered. If the customer has not returned the delivered goods to Ecozz after this period, the purchase is a fact. The customer is obliged, before proceeding to return, within the period of 14 working days after delivery in writing to Ecozz. The customer must prove that the delivered goods have been returned on time, for example by means of proof of mail delivery. Return of the goods must take place in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used by the customer, encumbered or damaged in any way, the right to dissolution within the meaning of this paragraph will lapse. With due observance of what has been stipulated in the previous sentence, Ecozz will ensure that within 30 days after proper receipt of the return shipment, the full purchase price including the calculated shipping costs will be refunded to the customer. The return of the delivered goods is entirely at the expense and risk of the buyer.
4.2 The right of withdrawal does not apply to:
services whose performance, with the consent of the consumer, has begun for the period of fourteen working days for goods or services which by their nature can not be returned, for example due to hygiene or which can quickly spoil or become obsolete.
5. Data management
5.2 Ecozz respects the privacy of the users of the internet site and ensures confidentiality of your personal information.
5.3 Ecozz uses a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.
6.1 Ecozz guarantees that the products delivered by it meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and is therefore responsible for the factory guarantee of the product delivered to you.
6.2 The warranty period of Ecozz corresponds with the manufacturer's warranty period. However, Ecozz is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
6.3 The customer is obliged to check the delivered goods immediately upon receipt. If it turns out that the delivered item is wrong, inadequate or incomplete, then the customer must immediately notify Ecozz of these defects in writing before returning to Ecozz. Any defects or incorrectly delivered goods must and can be reported to Ecozz in writing no later than 2 months after delivery. Return of the goods must take place in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after detection of failure, damage arising after detection of failure, encumbrance and / or resale after detection of defect, does this right to complain and return completely invalid.
6.4 If complaints from the customer are found to be well-founded by Ecozz, Ecozz will, at its discretion or replace the delivered goods free of charge or take a written arrangement with the customer about the compensation, on the understanding that the liability of Ecozz and therefore the amount of compensation is limited to a maximum of the invoice amount of the goods in question, or at Ecozz's option to the maximum amount covered by Ecozz's liability insurance in the relevant case. Any liability of Ecozz for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential loss or damage due to lost profits.
6.5 Ecozz is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial staff.
6.6 This guarantee does not apply if: A) and as long as the customer is in default towards Ecozz; B) the customer has repaired the delivered goods himself and / or processed or has third parties repaired and / or edited. C) the delivered goods are exposed to abnormal circumstances or otherwise careless handling or contrary to the instructions of Ecozz and / or instructions on the package are treated; D) the defect is wholly or partially the result of regulations that the government has made or will make regarding the nature or the quality of the materials used;
7.1 Offers are without obligation, unless otherwise stated in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, Ecozz reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.
7.3 Verbal promises are only binding on Ecozz after they have been explicitly confirmed in writing.
7.4 Ecozz offers do not automatically apply to repeat orders.
7.5 Ecozz can not be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
7.6 Additions, changes and / or further agreements are only valid if agreed in writing.
8.1 An agreement between Ecozz and a customer comes about after an order has been assessed by Ecozz on feasibility.
8.2 Ecozz reserves the right not to accept orders or orders without giving any reason or to accept them exclusively on condition that the shipment is made cash on delivery or after payment in advance.
9. Images and specifications
9.1 All images; photographs, drawings etc .; eg data concerning weights, dimensions, colors, images of labels, etc. on the internet site of Ecozz are only approximate, are indicative and can not lead to compensation or dissolution of the agreement.
10. Force majeure
10.1 Ecozz is not liable, if and to the extent that its obligations can not be fulfilled due to force majeure.
10.2 Force majeure means any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delay or default by our suppliers, disruptions in the Internet, faults in the electricity, malfunctions in e-mail traffic and malfunctions or changes in technology provided by third parties, transport problems, strikes, government measures, delays in the supply, negligence of suppliers and / or manufacturers of Ecozz as well as auxiliary persons, sickness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.
10.3 In the event of force majeure, Ecozz reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the contents of the agreement be amended in such a way that execution remains possible. Under no circumstances is Ecozz liable to pay any penalty or compensation.
10.4 If Ecozz already partially fulfills its obligations on the occurrence of the force majeure, or only partially fulfills its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11.1 Ecozz is not liable for damage to vehicles or other objects caused by improper use of the products. Before use, read the instructions on the packaging and / or consult our website.
12. Reservation of ownership
12.1 Ownership of all goods sold and delivered by Ecozz to the buyer remains with Ecozz as long as the customer has not fulfilled Ecozz's claims under the agreement or earlier or later similar agreements, as long as the customer performs the work performed or to be performed or similar agreements have not yet been fulfilled and as long as the customer has not yet paid the claims of Ecozz due to shortcomings in the fulfillment of such commitments, including claims in respect of fines, interest and costs, as referred to in Article 3: 92 BW.
12.2 The goods delivered by Ecozz which fall under the retention of title may only be resold within the framework of normal business operations and may never be used as a means of payment.
12.3 The customer is not entitled to pledge the goods falling under the retention of title or encumber them in any other way.
12.4 The customer now gives unconditional and irrevocable consent to Ecozz or a third party to be appointed by Ecozz, in all cases in which Ecozz intends to exercise its property rights, to enter all those places where its properties will be located and to take those items there. take.
12.5 If third parties seize the goods delivered under retention of title or want to establish or assert rights thereon, the customer is obliged to notify Ecozz as soon as reasonably may be expected.
12.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available to Ecozz on first request.
13. Applicable law / competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes arising from an agreement between Ecozz and buyer, which can not be resolved by mutual agreement, shall be notified to the competent court within the district of Almelo, unless Ecozz prefers the difference to the competent court of the place of residence of the to subject the buyer, and with the exception of those disputes that are part of the competence of the subdistrict court.