Terms and Conditions

 

Table of Contents:

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 - Continuing performance agreements: duration, termination and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or deviating provisions

 

Article 1 - Definitions

For the purposes of these terms and conditions, the following definitions apply:

 

1. Reflection period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of their profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Continuing performance agreement: a distance contract regarding a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable medium: any instrument that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the option for the consumer to waive the distance contract within the reflection period;
7. Model form: the model withdrawal form that the entrepreneur makes available and that a consumer can fill in when they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, one or more techniques for distance communication are used exclusively;
10. Technique for distance communication: a means that can be used for concluding an agreement, without the consumer and entrepreneur having met in the same room simultaneously.
11. General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur

Ecowatts – Bert Geukens
Trade name: Ecowatts
Responsible person: Bert Geukens

Registered office: Meierij 13, 2260 Westerlo
E-mail: info@ecowatts.be
Company number: 0805484436
VAT number: BE0805484436

 

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and will be sent free of charge as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall be replaced by mutual agreement without delay by a provision that approximates the scope of the original as closely as possible.
6. Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

 

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the actual colors of the products.
6. Each offer contains information such that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This concerns in particular:
   
   • the price including taxes;
   • any shipping costs;
   • the manner in which the agreement will be concluded and what actions are required for this;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery and implementation of the agreement;
   • the term for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
   • the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
   • whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
   • the way in which the consumer can check the data provided by them in the context of the agreement before concluding the agreement and, if desired, correct it;
   • any other languages in which, in addition to Dutch, the agreement can be concluded;
   • the codes of conduct to which the entrepreneur has subscribed and the way in which the consumer can consult these codes of conduct electronically; and
   • the minimum duration of the distance contract in the event of a continuing performance agreement.

 

Article 5 - The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions attached thereto.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may—within legal frameworks—inform themselves whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or application or to attach special conditions to the execution, providing reasons.
5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
6. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
7. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
8. the information on guarantees and existing post-purchase service;
9. the data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
11. In the case of a continuing performance agreement, the provision in the previous paragraph only applies to the first delivery.
12. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

 

Article 6 - Right of withdrawal

For the delivery of products:

1. Upon the purchase of products, the consumer has the possibility to dissolve the agreement without giving reasons for 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and the packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they 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.
3. When the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days of receipt of the product. The consumer must make this known using the model form. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
4. If, after the expiry of the periods mentioned in paragraphs 2 and 3, the customer has not made it known that they wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
5. The right of withdrawal does not apply to custom-made products such as cabling sold by the meter.

For the delivery of services:

5. For the delivery of services, the consumer has the possibility to dissolve the agreement without giving reasons for at least 14 days, starting on the day of entering into the agreement.
6. To make use of their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

 

Article 7 - Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, at most the costs of return shipment will be for their account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. A condition for this is that the product has already been received back by the web retailer or conclusive proof of complete return shipment can be submitted. Reimbursement will take place via the same payment method used by the consumer, unless the consumer explicitly gives permission for another payment method.
3. In the event of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any depreciation of the product.
4. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the conclusion of the purchase agreement.

 

Article 8 - Exclusion of the right of withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
3. that have been created by the entrepreneur in accordance with the consumer's specifications;
4. that are clearly personal in nature or made to measure;
5. that by their nature cannot be returned;
6. that can spoil or age rapidly;
7. whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
8. for loose newspapers and magazines;
9. for audio and video recordings and computer software of which the consumer has broken the seal.
10. for hygienic products of which the consumer has broken the seal.
11. Exclusion of the right of withdrawal is only possible for services:
12. concerning accommodation, transport, restaurant services or leisure activities to be performed on a certain date or during a certain period;
13. the delivery of which has begun with the explicit consent of the consumer before the reflection period has expired;
14. concerning bets and lotteries.

 

Article 9 - The price

1. During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices stated are target prices will be stated in the offer.
3. Price increases within 3 months after 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 stipulated this and:
5. they are the result of statutory regulations or provisions; or
6. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
7. The prices mentioned in the offer of products or services include VAT.
8. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

 

Article 10 - Conformity and Warranty

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Products must be returned in their original packaging and in new condition.
4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The guarantee does not apply if:

• The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
• The defect is wholly or partially the result of regulations that the government has established or will establish with regard to the nature or quality of the materials used.

Article 11 - Delivery and execution

1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
4. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a deadline does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement item available. At the latest upon delivery, it will be reported in a clear and understandable manner that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless otherwise explicitly agreed.

Article 12 - Duration transactions: duration, cancellation and extension

Cancellation

1. The consumer may at any time cancel an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed cancellation rules and a notice period of no more than one month.
2. The consumer may at any time cancel an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at the end of the definite period, taking into account the agreed cancellation rules and a notice period of no more than one month.
3. The consumer can cancel the agreements mentioned in the previous paragraphs:

• at any time and not be limited to cancellation at a specific time or in a specific period;
• at least cancel in the same way as they were entered into by him;
• always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension

4. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
5. By way of derogation from the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of up to three months, if the consumer can cancel this extended agreement at the end of the extension with a notice period of no more than one month.
6. An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in the event the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
7. An agreement with a limited duration for the regular introduction of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

• If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness resist cancellation before the end of the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
5. In the event of complaints, a consumer must first turn to the entrepreneur. There are costs associated with submitting a dispute to this disputes committee which must be paid by the consumer to the committee in question. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will at its discretion either replace or repair the delivered products free of charge.

Article 15 - Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. Also if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.