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").
PLEASE READ THE FOLLOWING TERMS OF USE AND SALE INCLUDING THE WARRANTIES AND DISCLAIMER SECTIONS CAREFULLY BEFORE USING THIS SITE AND/OR SUBMITTING AN ORDER. By using this Site and submitting an order, you agree to the following terms of use and sale (the "Terms of Use and Sale"). If you do not agree to these terms, you may not use this Site or submit an order. ECCOTEMP SYSTEMS EUROPE B.V. ("Eccotemp Systems Europe B.V.", "we" or "us") reserves the right to modify, alter, or update these Terms of Use and Sale from time to time. By accepting these Terms of Use and Sale, you agree to be bound by such modifications, alterations, or updates.
1. Terms of Use
General
The information contained in this Site, including but not limited to the rules that govern the use of the Site, may be subject to change. The date of the latest change(s) to these Terms of Use and Sale is set out above at "Last Updated". Your use of the Site following any such change constitutes your agreement to follow and be bound by the rules, as changed. Any such change(s) will not affect the terms of sale applicable to orders accepted by us prior to the date of such change(s).
Copyright
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.
Trademarks
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.
NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
You hereby acknowledge that the preceding paragraph shall apply to all information or data available from us through the Site or other channels.
Governing Law
The Site is operated by us from our offices in Amsterdam, the Netherlands. These terms of use and any 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.
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.
Use of this Site constitutes acceptance of our Terms of Use.
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.
Unique Identification Number for WEEE (France): FR027836_05GTTK
Unique Identification Number for Packaging (France): FR208445_01KONZ
Order Acceptance
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.
Our products
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. VAT number required for business/wholesale customers to make purchases.
Delivery
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.
Certain orders may constitute improper use of our Site. We reserve the right, at our sole discretion, to refuse or cancel any Contract for any reason. Payment will not be taken, or will be refunded, for any refused orders. Your account may also be restricted or terminated for any reason, at our sole discretion, if you have breached these Terms of Use and Sale or any other policy or terms of use relating to the Site or if you have otherwise misused the Site. Verification of certain information may be required prior to the acceptance of any order. An order may not be accepted if such information is not forthcoming from you following such a request.
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
We are only responsible for losses that are a natural, foreseeable consequence of our breach of these Terms of Sale. IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR SUBSIDIARIES BE LIABLE TO YOU UNDER ANY CONTRACT FORMED UNDER THESE TERMS OF USE AND SALE:
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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
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ANY LOSSES THAT ARE NOT REASONABLY FORESEEABLE BY BOTH OF US AT THE TIME OF THE CONTRACT.
WHERE YOU BUY AS A CONSUMER, THESE TERMS OF USE AND SALE AND OUR RETURNS POLICY WILL NOT AFFECT YOUR RIGHTS UNDER LAW WHICH CANNOT BE OTHERWISE EXCLUDED.
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.
Our Details
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
Governing Law
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.