Eccotemp Systems Europe, B.V. Herengracht 282, Paleis op de dam 1425, 1016 BX Amsterdam, Niederlande is the controller of your personal data according to the EU General Data Protection Regulation (“GDPR) and other applicable data protection laws.
CATEGORIES OF PERSONAL DATA
We process the following categories of personal data:
- Master data such as first name, surname, mailing address, , date and place of birth or customer number;
- Payment data such as credit card number or bank account information;
- Communication data such as e-mail address, telephone number or communication content (e.g., e-mails);
- Service- and contract data such as information concerning the goods and/or services you purchase from us;
- Device and usage data such as your IP address.
PURPOSE OF PROCESSING, LEGAL BASIS AND ORIGIN
We use the personal data you provide to us for the specific purposes for which you provide the information, as stated at the time of collection, and as otherwise permitted by law. The information we collect from you may in particular be used in the following ways:
- To enter into contracts and process transactions including executing your payments and delivering the purchased products or services requested. The legal basis for the processing is Article 6 para. 1 sentence 1 lit. b) GDPR, which permits data processing that is necessary for the performance of a contract with the affected individual or in order to take steps at the request of the individual prior to entering into a contract.
- To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs). In this case, we process your data on basis of our legitimate interest to answer to the needs of our customers pursuant to Article 6 para. 1 sentence 1 lit. f) GDPR).
- With your consent, to send you important information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
When you access our Website, the Website may automatically collect, process and store certain personal data in a pseudonymized form. Such device and usage information may include (i) specific information about the device used to access the Website (including model, operating system, IP address, language and similar information) and (ii) information about the use of features, functions or notifications on the device to recognize you and to analyze trends. The legal basis for this is our legitimate interest (Art. 6 para. 1 lit. f) GDPR) to monitor and maintain the performance of the Website and to analyze uses, activities and trends in connection with our Website.
We will share your data (whether or not anonymized) with:
- Google Analytics: anonymized data is shared for the purpose of compiling statistics on the use of our website.
- JustUno: displays popups and logs ip addresses that have been shown popups to mitigate redundancy.
- BigCommerce: our website and store is hosted through Big Commerce who records various data from tracking of orders to site visit statistics.
- UPS and DHL: your address and contact details will be shared for the purpose of delivering your order.
Our website uses the following cookies:
- Various cookies from external suppliers: Google Analytics. Data collected through these cookies does not contain any personal data.
- Various functional cookies. E.g., to remember the active language or currency of the website or your authorization token when you are logged in. These cookies expire automatically at the end of your session.
RECIPIENT OF DATA
We may hire third parties to provide certain services to us as a processor whereby the third party may gain access to your personal data. In particular, this includes IT-, e-mail- and marketing-services. The service providers used are contractually obliged to us to take appropriate technical and organizational security measures to protect your personal data and to process these only in accordance with our instructions.
We may disclose your personal data to payment services providers, legal, tax and other advisors as well as enforcement and government agencies in accordance with applicable data protection laws. Such processing is legally based on the necessity of the processing for the performance of the individual purchase agreement (Article 6 para. 1 sentence 1 lit. b GDPR), the compliance with legal obligations (Article 6 para. 1 sentence 1 lit. c) GDPR) which we are subject to or our legitimate interests (Article 6 para. 1 sentence 1 lit. f) GDPR), such as exercising or defending legal claims.
TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES
Your personal data may be transferred to and processed by recipients in third countries outside the European Economic Area (EEA) that, from the perspective of the European Union, do not provide an adequate level of data protection. Where such a transfer is made, it will be based on appropriate safeguards, such as the standard contractual clauses adopted by the European Commission. You may request a copy of the appropriate safeguards by contacting us at the contact details provided in section 7. Access is limited to recipients who need the respective data to perform their tasks.
STORAGE PERIOD OF YOUR PERSONAL DATA, CRITERIA FOR STORAGE PERIOD
We store your personal data for as long as this is necessary for the purposes of the data processing described in section 2 above. If we no longer require your personal data for the described purposes, we will erase the data from our systems and records or make the data completely anonymous so that you can no longer be identified from it. Your data will not be erased or completely made anonymous if and as long as we need to store the data in order to fulfil legal or regulatory obligations or if we need the data to preserve evidence within the statutory limitation period.
YOUR RIGHTS AS A DATA SUBJECT AND HOW TO ASSERT THEM
If you have declared your consent to the processing of your personal data, you can withdraw this consent at any time with future effect. Such withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal. If you lodge an objection, we will no longer process your personal data unless any other (legal) basis permits this. However, if the consent is withdrawn and no other legal basis exists, we must delete the personal data immediately.
According to applicable data protection laws, as a data subject you may have the right of access (Article 15 GDPR), the right to rectification (Article 16 GDPR), the right to erasure (Article 17 GDPR), the right to restriction of processing (Article 18 GDPR) and the right to data portability (Article 20 GDPR). The right to access and the right to erasure may be restricted under certain circumstances in accordance with applicable local data protection laws. In addition, you are entitled to lodge a complaint with a data protection supervisory authority (Article 77 GDPR).
Under certain circumstances, on grounds relating to your particular situation, you have the right to object at any time to the processing of your personal data that are processed on the basis of our legitimate interests (Article 21 para. 1 GDPR). Furthermore, if your personal data is processed for the purpose of direct marketing, you have the right to object at any time to the processing of your personal data for these purposes, to the extent that it is related to such direct marketing (Article 21 para. 2 GDPR). In this case, we will no longer process your personal data for these purposes.
In order to exercise your rights, please contact us under the contact details provided in section 7
No part of this website or any of its contents may be reproduced and/or made public by printing, photocopying, faxing, retyping, storage in an automated system without the written approval of Eccotemp Systems Europe B.V. or otherwise as is applicable to all or part of the operation. Requests for approval or further information should be addressed to firstname.lastname@example.org.
Data Protection Authority
You always have the right to complain to the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) or another competent data protection authority. Of course, we would appreciate it when you first contact us so that we can solve the problem for you.
Terms and Conditions of Use and Sale
Last Updated April 10, 2020
The following terms govern your use the website eu.Eccotemp.com (being the "Site").
All Site design, text, graphics, and the selection and arrangement thereof are the property of ECCOTEMP SYSTEMS EUROPE B.V., all rights reserved, or in the case of product material, all text and graphics are copyright protected by the original owner, all rights reserved. Permission is granted to you to copy electronically and to print in hard copy portions of this Site for the sole purpose of using this Site as an information resource (or of ordering goods or services and using this Site as a shopping resource). Any other use of materials on this Site-including reproduction for purposes other than noted above, modification, distribution, or reproduction-without the prior written permission of ECCOTEMP SYSTEMS EUROPE B.V. is strictly prohibited.
The EU.Eccotemp.com Site and Eccotemp Systems Europe B.V. mark and logo are service marks of ECCOTEMP SYSTEMS EUROPE B.V. All other trademarks, product names and company names or logos cited herein or on the Site are the property of their respective owners.
Links to Other Web Sites
We make no claim or representation, and accept no responsibility, regarding the quality, nature, or reliability of any external or third party sites accessible by hyperlinks from this Site, or any external or third party sites linking to this Site.
Warranties and Disclaimers: Use of this Site
We intend for the information and data contained in the Site or provided via other channels, including but not limited to phone and email, to be accurate and reliable, however, since the information and data have been compiled from a variety of sources, it is provided "AS IS" and "AS AVAILABLE". You expressly agree that your use of this Site is at your sole risk. WE, SOLELY TO THE EXTENT THAT ANY SUCH WARRANTIES CAN BE EXCLUDED IN ACCORDANCE WITH APPLICABLE LAW, EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, RELATING TO AVAILABILITY OF THE SITE OR TO INFORMATION AND DATA CONTAINED IN OR REFERENCED BY THIS SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITIONS OF COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
Limitation of Liability: Use of this Site
IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE OR VIA OTHER CHANNELS, INCLUDING BUT NOT LIMITED TO PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, EXCEPT WHERE LIABILITY CANNOT BE EXCLUDED IN ACCORDANCE WITH APPLICABLE LAW.
You hereby acknowledge that the preceding paragraph shall apply to all information or data available from us through the Site or other channels.
We make no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
2. Terms of Sale
The following sets out the terms and conditions upon which we supply products to you. Where you are buying products as a consumer, nothing in these terms and conditions affects your legal rights, and we have a legal duty to supply products that conform to the contract between us.
If we accept your order, we will send you a confirmation of this by email. The receipt of an email order confirmation by you constitutes our acceptance of an order and the conclusion of a contract between us to sell the goods you have ordered, subject to these terms (the "Contract"). You should retain that email for your records. Whereas, following such acceptance, we will always seek to meet the requirements of your order, there may be circumstances following confirmation where we are unable to ship products due to unavailability. If that is the case, we will notify you as soon as possible and will refund the money for the unavailable products back onto your card or into your account. If the payment process has not begun at that time, the money for such products will not be taken out of your account or from your card. Our acceptance does not therefore guarantee the transaction and is subject to the availability of products following the receipt of the confirmation email by you.
Prices and availability of products on the Site are subject to change without notice. While we endeavor not to make any errors on the Site and to ensure that the descriptions, details and dimensions of our products, our prices and other information about us or our products, are accurate and up to date, errors can occur. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order has been submitted). If we identify an error that materially impacts your confirmed order, we will notify you as soon as possible and will provide you with the option of cancelling your order in full or the part(s) of your order affected by the misinformation. If you make such a cancellation, the money for the cancelled part of your order will be refunded to your account or onto your card (or will not be taken at all if the payment process has not begun at that time). This in no way restricts or limits your ability to return the goods in line with our returns policy.
Prices and Payment
The price of the product will be as shown on the order pages when you place your order. Payment for the product is required on dispatch. Where payment has not been received, we are under no obligation to deliver the product to you. Our invoice(s) for the price of the products you purchase are set out in the email order confirmation we send to you. You can also review and print these invoices at any time by logging in to "My Account" section of the Site. You should retain copies of the invoices for your records.
We offer multiple shipment methods and carriers with available options presented and confirmed at checkout. Please note that some products require a signature as proof of delivery.
Delivery may be delayed due to circumstances outside of our control. If this occurs, we will notify you as soon as possible and take steps to minimize the effect of the delay. We shall have no liability for delays.
In the event of a failed delivery to you, our courier may re-attempt delivery, leave your delivery with a neighbor or in a safe place outside of your home or leave you a card or contact you to re-arrange delivery. In such event, we may charge you for storage costs and further delivery costs. If we are unable to contact you to re-arrange delivery, we may end the Contract.
Risk and Ownership
You will be responsible for the products from the time we deliver the products to you at the stipulated delivery address. You will own a product once we have received payment in full for that product.
Right to Cancel
In addition to your statutory Right of Withdrawal you have certain additional rights to cancel your Contract as set out in our Returns Policy . Your rights depend upon what you have bought, the reason for your return and when you decide to end the Contract. If you have taken advantage of any manufacturer’s warranty applicable to the product you have bought you may have rights under that warranty which you should direct to the manufacturer.
Warranties and Disclaimers: Sale of Goods
We are under a legal duty to supply products that are in conformity with the Contract and, where you buy as a consumer, you have certain rights, including legal rights relating to faulty or misdescribed goods which apply in addition to our Returns Policy.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your legal rights where you buy as a consumer, nor does it affect your rights to withdraw from any Contract under applicable consumer law.
Limitation of Liability: Sale of Goods
- WHERE YOU ARE A BUSINESS, TO ANY BUSINESS FOR ANY LOSS OF REVENUE, PROFITS, ANTICIPATED SAVINGS, GOODWILL OR BUSINESS OPPORTUNITY, OR ANY INJURY TO BUSINESS REPUTATION; OR
- ANY LOSSES THAT ARE NOT REASONABLY FORESEEABLE BY BOTH OF US AT THE TIME OF THE CONTRACT.
NOTHING IN THESE TERMS OF SALE SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR BREACH OF YOUR LEGAL RIGHTS IN RELATION TO THE PRODUCTS.
You hereby acknowledge that the preceding paragraph shall apply to all products or services you buy from us through the Site or other channels.
Alternative Dispute Resolution
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure.
Registered Name: Eccotemp Systems Europe B.V.
Registered at: Herengracht 282, Paleis op de dam 1425, 1016BX Amsterdam, Netherlands
Commercial register number: Netherlands Chamber of Commerce (Kamer van Koophandel) KvK 69170673
VAT-identification no.: NL857765176B01
These Terms of Sale and any contractual or non-contractual obligations arising from them or in relation to them shall be governed and construed in accordance with the laws of the Netherlands and you can bring legal proceedings in respect of any claim arising out of or in connection with these terms (including non-contractual disputes) in the Dutch courts.
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period will expire after fourteen days from the day on which you or a third party named by you, who is not the carrier, acquires physical possession of the goods.
In order to exercise the right of withdrawal, you must inform us (Eccotemp Systems Europe, B.V., +1-866-356-1992, email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdrawal from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) without undue delay and at the latest within fourteen days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We can withhold the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to the company commissioned by us Freightways, Nijverheidstraat 2, 2222 AX Katwijk Z-H Netherlands, without undue delay and at the latest within 14 days from the day on which you inform us of the withdrawal of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary for checking the nature, characteristics and functionality of the goods.
Model Withdrawal Form
(If you want to withdraw from this contract, please fill out this form and send it back.)
- To: Eccotemp Systems Europe B.V., Freightways, Nijverheidstraat 2, 2222 AX Katwijk Z-H Netherlands, firstname.lastname@example.org
- I / we (*) hereby give notice that I/we (*) withdraw from my / our (*) contract of sale of the following goods (*) / for the provision of the following service (*)
- Ordered on (*) / received on (*),
- Name of the consumer (s) ::
- Address of the consumer (s) ::
- Signature of the consumer (s) (only for notification on paper):
(*) Delete where inapplicable
Shipping & Returns
The information in this section applies in addition to and does not limit the consumer’s statutory right to withdraw.
Eccotemp Return Policy – Effective July 1, 2017
For purchases made on eu.ccotemp.com and all retail marketplaces
45 day satisfaction guaranteed returns!
For any reason you may return new, unopened items for a full refund of the original purchase price within 45 days from the purchase date. If opened, items must be in their original packaging with all original included accessories. Used items may be returned but will be subject to a 15% restocking fee if the item cannot be sold as new. Customer is responsible for all shipping related costs of the returned item(s). Partial returns for BOGO (Buy One Get One) sales are prohibited. All items must be returned to be considered for refund. To complete return please contact customer service at 1-866-356-1992.
For any non-functioning or damaged items due to shipping, please call 1-866-356-1992 immediately and speak with a customer service representative. Customer service will determine if an RGA (Return Goods Authorization) is necessary and give you further instructions. Furthermore, customer service will then replace your non-functioning or damaged items immediately.
For any defective items within 45 days of purchase please contact tech support immediately at 1-866-356-1992 or visit support.eccotemp.com. to schedule an appointment call to troubleshoot your issues. If your product is deemed defective and the issue cannot be resolved through troubleshooting, Eccotemp will issue an RGA for the defective product to be returned and a replacement or refund will be issued upon product return.
RSL labels are only provided to the United States, excluding Hawaii and Alaska.
Please allow up to 3 weeks for a refund. For any damaged/defective products outside of the 45 day return window please refer to the warranty policy located in the product manual. You may download copies of product manuals by visiting support.eccotemp.com.
Eccotemp reserves the right to not refund shipping costs on returns that are not warranty related return.
Authorized Retailer Return Policy
30 day satisfaction guaranteed returns!
For any reason you may return new, unopened items for a full refund of the original purchase price 30 days from the consumer purchase date. If opened, items must be in their original packaging with all original included accessories. Used items may be returned but will be subject to a 15% restocking fee if the item cannot be sold as new. Customer is responsible for all shipping related costs of the returned item. Please contact customer service at 1-866-356-1992 to request an RGA.
For any non-functioning or damaged items due to shipping, please note damage with carrier at the time of delivery and then call 1-866-356-1992 immediately and speak with a customer service representative. Customer service will determine if an RGA (Return Goods Authorization) is necessary and give you further instructions. Furthermore, customer service will then replace your non-functioning or damaged items immediately
For any defective items within 30 days of the consumer purchase date please contact tech support immediately at 1-866-356-1992 or visit support.eccotemp.com. to schedule an appointment call to troubleshoot your issues. If your product is deemed defective and the issue cannot be resolved through troubleshooting, Eccotemp will issue an RGA for the defective product to be returned and a replacement or refund will be issued immediately.