Terms and Conditions of Delivery

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Distance contract: a contract 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 contract, exclusive use is made of one or more means of distance communication;
Remote communication technology: a means that can be used to conclude an agreement without the consumer and entrepreneur being physically present in the same space at the same time.
Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 – Identity of the entrepreneur

e-4motion B.V.
Omloop 36, 2771 NL, Boskoop

Phone number: 0172-740 797
Email address: info@e-4motion.com

Chamber of Commerce number: 58842888
VAT identification number: NL 8532.04.457.B01

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur (hereinafter referred to as "E-4motion B.V.") and to every distance contract concluded between "E-4motion B.V." and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be 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 viewed at "E-4motion B.V." and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, contrary to 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 data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge by electronic means or otherwise at the consumer's request.
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 mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If "E-4motion B.V." uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on "E-4motion B.V.".
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
· the price including taxes;
· any delivery 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, or performance of the agreement;
· the period for accepting the offer or the period for honoring the price;
· if the agreement is archived after it has been concluded, how it can be consulted by the consumer;
· the codes of conduct to which "E-4motion B.V." is subject and the manner in which the consumer can consult these codes of conduct electronically; and
· the minimum duration of the distance agreement in the case of an agreement that extends to continuous or periodic delivery of products or services.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, "E-4motion B.V." will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer can terminate the agreement.
If the agreement is concluded electronically, "E-4motion B.V." will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, "E-4motion B.V." will take appropriate security measures to this end.
E-4motion B.V. may, within legal frameworks, ascertain whether the consumer is able to meet their payment obligations, as well as all facts and factors that are important for the responsible conclusion of the distance contract. If, on the basis of this investigation, E-4motion B.V. has good grounds for not entering into the agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution thereof.
E-4motion B.V. will provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, together with the product or service:
a. the visiting address of the E-4motion B.V. branch where the consumer can submit complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information about existing after-sales service and guarantees;
d. the information included in Article 4, paragraph 3 of these terms and conditions, unless "E-4motion B.V." has already provided this information to the consumer prior to the execution of the agreement;
If "E-4motion B.V." has committed to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal upon delivery of products

When purchasing products, the consumer has the option to terminate the agreement without giving reasons within seven working days. This period commences on the day after the product is received by or on behalf of the consumer.
During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If they exercise their right of withdrawal, they will return the product with all accessories supplied and, if reasonably possible, in its original condition and packaging to "E-4motion B.V.", in accordance with the reasonable and clear instructions provided by "E-4motion B.V.".

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, he will only be liable for the costs of returning the goods.
If the consumer has paid an amount, "E-4motion B.V." will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.

Article 8 – Exclusion of right of withdrawal

If the consumer does not have a right of withdrawal, this can only be excluded by "E-4motion B.V." if "E-4motion B.V." has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
a) that have been created by "E-4motion B.V." in accordance with the consumer's specifications;
b) that are clearly personal in nature;
c) that cannot be returned due to their nature;

Article 9 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
The prices stated in the range of products or services include VAT.
We reserve the right to change prices and texts. Therefore, our offers and texts are non-binding.

Article 10 – Conformity and Warranty

E-4motion B.V. guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
Any arrangement offered by "E-4motion B.V." as a guarantee does not affect the rights and claims that the consumer can assert against "E-4motion B.V." on the basis of the law and/or the distance contract in the event of a failure to fulfill the obligations of "E-4motion B.V." towards "E-4motion B.V.".
E-4motion B.V. provides a 24-month warranty on manufacturing and construction defects, as well as a 12-month warranty on moving parts and batteries. Any attempt to disassemble these parts will immediately void the warranty. Warranty claims will be assessed based on photographs.
All parts subject to wear and tear (e.g., tires, brakes, etc.) are excluded from the warranty. The warranty also expires if the damage is caused by misuse or accidents.

Article 11 – Delivery and performance

E-4motion B.V. will exercise the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
The place of delivery is the address that the consumer has provided to the company.
With due observance of the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than one month after placing the order. In that case, the consumer has the right to terminate the agreement without incurring any costs.
In the event of termination in accordance with the previous paragraph, E-4motion B.V. will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination.
If delivery of an ordered product proves impossible, E-4motion B.V. will endeavor to make a replacement item available. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items.
The risk of damage and/or loss of products rests with "E-4motion B.V." until the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 12 – Payment

Unless otherwise agreed, the amounts owed by the consumer for shipping the goods must be paid. In the case of an agreement to provide a service, the amount owed must be paid in advance after the documents relating to this agreement have been issued.
The consumer is obligated to immediately report any inaccuracies in the payment details provided or stated to "E-4motion B.V.".
In the event of non-payment by the consumer, E-4motion B.V. has the right, subject to legal restrictions, to charge the consumer reasonable costs that have been communicated to the consumer in advance.

Article 13 – Complaints procedure

E-4motion B.V. has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to "E-4motion B.V." within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to E-4motion B.V. will be answered within 14 days of receipt. If a complaint requires a foreseeable longer processing time, E-4motion B.V. will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.

Article 14 – Applicable law and competent court

All rights, obligations, offers, orders, and agreements to which these General Terms and Conditions apply, as well as these General Terms and Conditions themselves, are governed exclusively by Dutch law.
All disputes between the parties shall be submitted exclusively to the competent court in the Netherlands.

Article 15 – Copyright

All images or parts of images available on www.e-4motion.com may not be reproduced by means of printing or complete text passages without the express permission of the management of e-4motion, in accordance with copyright law.