Terms and Conditions
Article 1 – Definitions
In these conditions shall apply:
- Entrepreneur: the natural or legal products and / or remote services to the consumer;
- Consumer means a natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
- Distance contract means an agreement in the context of a system organized by the entrepreneur for distance selling of products and / or services until the conclusion of the agreement exclusive use of one or more means of distance communication;
- Technology for distance communication: means that can be used to conclude an agreement, without the consumer and business simultaneously in the same area have come together;
- Grace period: The period within which the consumer can exercise his right of withdrawal;
- Right of withdrawal: the ability for consumers within the waiting period to see the distance contract;
- Day calendar;
- Length Transaction: a distance contract relating to a range of products and / or services, the supply and / or purchase is spread over time;
- Durable medium: any means that the consumer or business that enables information to him personally is directed to store in a way that future consultation and unaltered reproduction of the stored information.
Article 2 – Identity of the operator
e-4motion B.V.
Omloop 36, 2771 NL, Boskoop, The Netherlands
Telephone: +31(0)172-740 797
E-mail: info@e-4motion.com
Chamber of Commerce number: 58842888
VAT identification number: NL 8532.04.457.B01
Article 3 – Applicability
- These general conditions apply to each offer from the entrepreneur (hereinafter “E-4motion B.V.”) and any agreement reached at a distance between “e-4motion B.V.” and consumers.
- Before the distance contract is concluded, the text of these terms and conditions will be made available. If this is not reasonably possible, before the distance contract is closed, indicating that the general conditions at “e-4motion B.V.” are to see and at the request of the consumer as quickly as possible, be transmitted without charge.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions electronically to the consumer be made available in such a way that the consumer a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is closed, indicating where the general conditions in electronic form can be taken and that at the request of the consumer electronically or otherwise without charge will be sent.
- In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in the event of conflicting terms always rely on the applicable provision for the most favorable is.
Article 4 – The offer
- If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer as possible. If “e-4motion B.V.” uses of these images are a true reflection of the products and / or services. Obvious mistakes or errors in the offer do not bind “E-4motion B.V.” to that specific offer.
- Each offer contains such information that the consumer is clear what the rights and obligations to the acceptance of the offer are. This concerns in particular:
· The price including taxes;
· Any costs of delivery;
· How the agreement will be achieved and what actions they require;
· Whether to apply the right of withdrawal;
· The method of payment, delivery or performance of the contract;
· The deadline for accepting the offer, or the deadline for adhering to the price;
· If the agreement after the adoption is filed, how these consumers to consult;
· The conduct to which “E-4motion B.V.” is subject and the manner in which the consumer can conduct electronic consult and·
. The minimum duration of the distance contract in the event of a contract, including continuous or periodic delivery of products or services.
Article 5 – The agreement
- The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
- If the consumer has accepted the offer electronically, “E-4motion B.V.’ will inform electronically of the receipt of the acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may rescind the contract.
- If the agreement is created electronically, “E-4motion B.V.’ will secure appropriate technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, “E-4motion B.V.” will take appropriate safety precautions.
- “E-4motion B.V.” can investigate consumers situation – within the law – to check the consumers capability to fulfill its payment obligations, and check on all those facts and factors that are important for a proper distance contract. If “E-4motion B.V.” can justify to reject the agreement on the basis of this study, he is entitled to do so. “E-4motion B.V.” is also justified to implement special conditions on the basis of this study.
- “E-4motion B.V.” will provide the consumer the following information in writing or in such a way that it can be stored in an accessible manner on a durable medium:
a. visit address of the establishment of “E-4motion B.V.” where consumers can lodge complaints;
b. the conditions and how the consumers can exercise withdrawal rights, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on existing after sales service and warranties;
d. in Article 4 paragraph 3 of these terms and conditions named information, unless “E-4motion B.V.” already provided this information to the consumer before the execution of the contract; - If “E-4motion B.V.” is committed to delivering a range of products or services, the provision in the preceding paragraph shall apply only to the first delivery.
Article 6 – Right of withdrawal upon delivery of products
- When purchasing products, the consumer can terminate the contract without giving any reason to cancel within seven working days. This period starts the day after receipt of the product by or on behalf of consumers.
- During this period the consumer will carefully handle the product and packaging. He will unpack the product as needed to access the product whether he can decide to keep the product or not. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in its original condition and packaging to “E-4motion B.V.’, in accordance with the” E-4motion B.V. “provided reasonable and clear instructions.
Article 7 – Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, the cost for the consumer will not exceed the cost of return shipping cost.
- If the consumer has paid a price, “E-4motion B.V.” will refund this amount as soon as possible but not 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, he can only be excluded if “E-4motion B.V.” stated this clearly and in time before the agreement.
- Exclusion of the right of withdrawal is only possible for products:
a) that has been made to the consumer’s specifications by “E-4motion B.V.”;
b) that are clearly personal in nature;
c) by their nature cannot be returned;
Article 9 – The price
- During the period mentioned in the offer prices of the products and / or services will not be increased, except for price changes due to changes in tax rates.
- The supply of products or services mentioned prices include VAT.
- ”E-4motion B.V.” reserves its right to change prices and texts. Therefore, the promotions and texts are non-committal.
Article 10 – Compliance and Warranty
- “E-4motion B.V.” guarantees that the products and / or services meets the contract, the specifications listed in the offer, the reasonable requirements of reliability and / or utility and the at the date of the conclusion of the agreement existing statutory provisions and / or government regulations.
- An arrangement offered by “E-4motion BV” as warranty does not affect the rights and claims for the consumer in respect of a failure to fulfill the obligations from “E-4motion BV” towards “E-4motion BV” on the basis of the law and / or distance contract.
- E-4motion B.V. provides 24 months warranty against manufacturing and workmanship as much as 12 months on moving parts and batteries. Except for parts subject to normal wear. In any attempt to disassemble these parts will void the warranty. Guarantee claims are viewed according pictures.
- All wearing parts (eg tires, brakes, rotating parts) are excluded. Guarantee shall also lapse if the damage was caused by abuse or accident.
Article 11 – Delivery and implementation
- “E-4motion B.V.” will be the utmost diligence in the receipt and execution of orders and products when assessing applications for the provision of services.
- The place of delivery is the address that the consumer made known to the company.
- Subject to what is stated in Article 4 of these General Conditions, the Company accepted orders expeditiously within 30 days unless a longer delivery period is agreed. If delivery is delayed, or if an order is not or only partially carried out, the consumer receives a notice at the latest one month after the order was placed. In this case, the consumer has the right to terminate the agreement without cost.
- In case of dissolution in accordance with the preceding paragraph, “E-4motion B.V.” will refund the amount that consumers paid as soon as possible but no later than 30 days after termination.
- If delivery of an ordered product proves to be impossible, “E-4motion B.V.’ endeavor to provide a replacement item available. Appearance during the delivery it will be clear and comprehensible manner stated that a replacement item is delivered. For replacement items right of withdrawal cannot be excluded.
- The risk of damage and / or loss of products until the time of delivery to the consumer is for “E-4motion B.V.” unless otherwise expressly agreed.
Article 12 – Payment
- Unless subsequently agreed, the goods need to be paid by the consumer before delivery of the goods or in case of a contract to provide a service, before issuance of the relating to this agreement.
- The consumer has the duty to report inaccuracies in the supplied or specified payment information to “E-4motion B.V.” immediately.
- In case of default by the consumer, “E-4motion B.V.” has the right to charge, subject to statutory limitations, the consumer for a reasonable costs.
Article 13 – Complaints
- “E-4motion BV” has a well-publicized complaint procedure and deals with complaints under this procedure.
- Complaints about the performance of the contract must promptly, fully and clearly defined be submitted to “E-4motion BV”, after the consumer has discovered the defects.
- Complaints submitted to “E-4motion BV” will be answered within 14 days after receipt counted from the date of receipt. If a complaint has a foreseeable longer processing time, “E-4motion BV” will respond within the period of 14 days with a message confirming receipt and indicating 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 Conditions apply, including these terms and conditions is exclusively governed by Dutch law.
- All disputes between parties will be submitted to the competent court in the Netherlands.
Article 15 – Copyright & Copyright
- All images or parts of images that are available at www.e-4motion.com, without the express permission of the management of e-4motion multiplication through print or entire text blocks is based on copyright strictly prohibited.