Delivery

Article 1 – Definitions

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

  1. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
  2. 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;
  3. Distance contract: an agreement in which, in the context of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
  4. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having come together in the same room at the same time;
  5. Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
  6. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Day: calendar day;
  8. Duration 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;
  9. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 – Identity of the economic operator

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

Telephone 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

  1. 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 agreement concluded between “E-4motion B.V.” and the consumer.
  2. 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 agreement 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 at the request of the consumer as soon as possible.
  3. If the distance contract is concluded electronically, in derogation from 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, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent by electronic means or otherwise free of charge at the request of the consumer.
  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 apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.

Article 4 – The offer

  1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. 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.”
  3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
    · the price including taxes;
    · any costs of delivery;
    · the way 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 acceptance of the offer, or the period for maintaining 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.” has submitted and the way in which the consumer can consult these codes of conduct electronically; and
    · the minimum duration of the distance contract in the case of an agreement that aims at continuous or periodic delivery of products or services.

Article 5 – The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and the fulfilment of the conditions set therein.
  2. If the consumer has accepted the offer electronically, “E-4motion B.V.” will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, “E-4motion B.V.” will take appropriate technical and organisational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, “E-4motion B.V.” will observe appropriate security measures.
  4. “E-4motion B.V.” can – within legal frameworks – inform itself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, “E-4motion B.V.” has good grounds not to enter into the agreement, it is entitled to refuse an order or request or to attach special conditions to the execution, stating reasons.
  5. “E-4motion B.V.” will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
    a. the visiting address of the branch of “E-4motion B.V.” 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 statement regarding the exclusion of the right of withdrawal;
    c. the information about existing post-purchase service and warranties;
    d. the data included in Article 4 paragraph 3 of these terms and conditions, unless “E-4motion B.V.” has already provided this data to the consumer before the execution of the agreement;
  6. If “E-4motion B.V.” has committed itself to the delivery of 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

  1. When purchasing products, the consumer has the option of dissolving the agreement without giving reasons during seven working days. This period starts on the day after receipt of the product by or on behalf of the consumer.
  2. During this period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to be able to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the 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

  1. If the consumer makes use of his right of withdrawal, the maximum costs of return will be borne by him.
  2. 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 withdrawal.

Article 8 – Exclusion of the right of withdrawal

  1. 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.
  2. Exclusion of the right of withdrawal is only possible for products:
    a) which have been established by “E-4motion B.V.” in accordance with the specifications of the consumer;
    (b) which are clearly personal in nature;
    (c) which by their nature cannot be returned;

Article 9 – The price

  1. 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 due to changes in VAT rates.
  2. The prices mentioned in the range of products or services include VAT.
  3. We reserve the right to change prices and texts. Therefore, our offers and texts are non-binding.

Article 10 – Conformity and Warranty

  1. “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 soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
  2. An arrangement offered by “E-4motion B.V.” as a guarantee does not affect the rights and claims that the consumer can assert in the event of a shortcoming in the fulfilment of the obligations of “E-4motion B.V.” towards “E-4motion B.V.” on the basis of the law and/or the distance agreement.
  3. E-4motion B.V. provides a 24-month warranty on manufacturing and construction defects as well as 12 months on rotating parts and batteries. Any attempt to disassemble these parts will immediately void the warranty. Warranty cases are examined on the basis of photos.
  4. All parts subject to wear (e.g. tyres, brakes, etc.) are excluded from the warranty. Warranty is also void if the damage is caused by abuse or accidents.

Article 11 – Delivery and execution

  1. “E-4motion B.V.” will exercise the greatest possible care in receiving and executing orders for products and in the assessment of requests 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 article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially executed, the consumer will be notified of this no later than one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs.
  4. In the event of dissolution 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 dissolution.
  5. If delivery of an ordered product proves impossible, “E-4motion B.V.” will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. In the case of replacement items, the right of withdrawal cannot be excluded.
  6. 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

  1. Unless agreed later, the amounts payable by the consumer for shipment of the goods must be paid. In the case of a contract for the provision of a service, the amount due shall be paid in advance after the documents relating to that contract have been issued.
  2. The consumer has the obligation to report inaccuracies in the payment details provided or stated to “E-4motion B.V.” without delay.
  3. In the event of non-payment by the consumer, “E-4motion B.V.” has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 13 – Complaints procedure

  1. “E-4motion B.V.” has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted to “E-4motion B.V.” within a reasonable time, complete and clearly described, after the consumer has discovered the defects.
  3. Complaints submitted to “E-4motion B.V.” will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, “E-4motion B.V.” will respond within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

Article 14 – Applicable law and competent court

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

Article 15 – Copyright

  1. On all images or parts of images available on www.e-4motion.com, reproduction by means of prints or complete text parts on the basis of copyright is strictly prohibited without the express permission of the management of e-4motion.