EGG General Terms and conditions for online purchasing on www.egghelmets.com
|Company Name:||EGG BV|
|Registered Address:||Pilotenstraat 1, 1059 CH Amsterdam|
|Telephone number:||+31 888 399 399
Available on Business Days from 10:00 AM to 6:00 PM Central European Time (CET).
|Registration number CoC:||58210504|
|VAT identification number:||NL852925098B01|
1.1 These general terms and conditions apply to all offers, orders, quotations, sales and deliveries of products to customers by EGG B.V. (“EGG”):
1.2 If the Agreement is concluded electronically and at a distance, the text of these general terms and conditions may be provided to the customer electronically in such way that these can simply be stored on a durable data carrier by the customer. If this is reasonably impossible, it will be indicated prior to the conclusion of the Agreement where the general terms and conditions can be taken note of electronically and that they will be sent electronically or in any other form for free at the customer’s request.
1.3 EGG reserves the right to modify these general terms and conditions at any desired moment and without any prior notification. However, such change does not apply to orders placed before the revised terms and conditions have been published on EGG’s website.
2.1 Customer: the person who orders products and/or services from EGG.
2.2 Consumer: the customer who is a natural person, not acting in the exercise of his profession or company.
2.2 Agreement: the whole of arrangements between EGG and the customer to which these general terms of delivery apply.
2.3 Specifications: the specifications as agreed for the products mentioned in the Agreement with the customer.
3.1 Orders may exclusively be placed by persons aged 18 years or over.
3.2 The Agreement between EGG and the customer is in any case only concluded (i) at the moment of the written confirmation (including electronic confirmation) of the contents of the Agreement by EGG, or (ii) on the day that EGG will start to fulfil the Agreement, or (iii) at a time further agreed upon, depending on which of the above mentioned situations under (i), (ii) and (iii) occurs first.
3.3 Any quotation made by EGG in whatever form is without obligations and only forms an invitation for the customer to place an order. EGG has the right to refuse orders. Orders placed by the customer are binding and cannot be annulled by the customer after the placement of the order.
4 Right of withdrawal for Consumers
4.1 If the customer is a Consumer, he may withdraw from the Agreement within 14 days by a notification intended thereto to EGG unless the provision of Article 4.5 applies. This term starts on the day after the receipt of the product by or on behalf of the customer.
4.2 To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the model withdrawal form included in the delivery, which is also available on our website, but it is not obligatory.
4.3 During this term, the customer will deal with the product and the packaging carefully. He will only unpack or use the product to the extent necessary for judging whether he wishes to keep the product. If the customer exercises his revocation right, he will return the product with all its delivered accessories and in its original state and – if reasonably possible – in its original packaging to EGG, in conformity with the reasonable and clear instructions provided by EGG.
4.4 The costs for the return shipment will be borne by the customer.
4.5 If the customer has paid the purchase price, EGG will refund this amount ultimately 14 days after the receipt of the revocation by the customer. The provisions in this clause 4 do not affect your other statutory rights as a Consumer.
4.6 The right of withdrawal mentioned in the provisions above does not apply for products that are made to the consumer’s specifications or that are personalised. This exception is based on Article 16, section c, of the European Directive on consumer rights (Directive 2011/83/EU).
5.1 All prices quoted on the EGG website are in euros. Prices are the prices as published on the website of EGG at the moment at which the customer places the order, except in the case of errors. The prices published on the website include VAT (BTW), but exclude shipment costs, which can be charged to the customer depending on order value and country of delivery. These costs will, if applicable, be charged separately and specified and added up with the total amount of the order.
The customer is responsible for any taxes, import duties and other fees that may be payable upon import or delivery in the foreign country.
6.1 Payment takes place by the payment methods that will be represented on EGG’s website or will be agreed on separately. In the case of payment by invoice, the customer will have to pay within 14 days after the receipt of the invoice, which will either be sent electronically or sent with the product, unless EGG indicates any other term.
6.2 EGG does not accept any other method of payment than the payment methods indicated on the EGG website. EGG may change these payment methods at any time. All actual costs of payment will be passed on to the Customer.
6.3 The Customer has the duty to inform EGG of any inaccuracies in payment data provided or stated
6.4 In the case of overdue payment, EGG will have the right: 1) to charge the statutory interest over the full amount due from the date on which payment should have taken place up to the date on which the amount due has been received by EGG, without a notice of default or communication being required for this; and 2) to assign the debt to a third party for collection after a notice of default thereto. The customer will compensate all the costs that EGG and this third party must incur to collect the amount due, including inter alia costs of legal assistance, costs of proceedings and extrajudicial costs, these last costs with a minimum of 15 percent of the outstanding sum. A notice of default in this respect may be sent electronically if the customer opted for electronic payment.
7.1 Orders through the website can be delivered in the EU, Switzerland and the UK. For non EU customers, please check if we deliver in your country.
7.2 The delivery and shipment data provided by EGG are only estimates and EGG will not be liable for any possible loss, damage or costs if the delivery does not take place in accordance with the indicated delivery and shipment data. If one or more products ordered are not in stock, this may result in the whole order being delayed. If this is the case, the customer will receive a message about this by EGG, with an estimate of the expected delivery time. EGG will in any case deliver the products within 14 days after placing and confirmation of the order, unless a longer delivery time has been agreed on. The shipping and delivery terms are indicative and not guaranteed. If EGG is unable to meet the (estimated) shipping date, EGG will notify the Customer accordingly. EGG is not liable for any damages and costs arising out or in connection with delayed delivery.
7.3 The ownership, risk and loss of the products will be transferred to the customer upon shipment of the product by EGG, unless it has been agreed on otherwise.
7.4 EGG is entitled, before it starts to fulfil the Agreement, to claim sufficient security from the customer in its opinion, for example by requiring prepayment.
7.5 EGG ships to shipping addresses in the countries indicated on the EGG website at the shipping address specified on the order of the Customer. Regarding outside European Union shipping, the Customer is responsible to assure that the ordered products can be legally and lawfully imported.
7.6 EGG retains the full and unconditional ownership of the ordered products until the due payments are paid in full.
8 Warranty and Liability
8.1 EGG warrants that the articles comply with the Agreement, the Specifications and the reasonable requirements of good quality and/or usefulness of the product. If applicable, general warranty terms will apply to the products delivered by EGG. This is the warranty as determined by the manufacturer or importer of the products.
EGG will not be liable for any loss or damages that may arise if it is not allowed to use the product due to local regulations in the country where the customer resides or any other country.
8.3 The screen representation of the colours, designs and products may deviate from the actual appearance or size of the products offered on the website.
8.4 All relevant claims under general warranty terms for products will have to be filed in accordance with those terms. For the customer, not being a Consumer, it will apply that warranty claims will first have to be filed directly with the manufacturer.
8.5 Any defects will have to be notified by the customer to EGG within a reasonable term, and for the customer not being a Consumer within a period of 30 days after the receipt of the products. If the defects are timely mentioned, EGG will repair or replace the defects at its own option for free, unless the arising of these defects can be attributed to the customer, or the Agreement already includes a settlement for this. In the event of replacement of a product, the return shipment costs will be borne by the customer. This does not apply if EGG provides products to a Consumer.
8.6 Without prejudice to the provisions in this clause, there cannot be any warranty obligations by EGG: (i) in the case of normal wear and tear of the product; (ii) if changes were made in or to the product, as a result of which the product does no longer comply with the Specifications; (iii) if defects to the product are the result of any use that does not correspond with the destination or that is improper; (iv) if damage to the product has arisen by gross negligence, intention or careless maintenance on the customer’s side.
8.7 EGG will not be liable for any loss or damages resulting from the use of the product as well as any other loss or damages that may arise from whatever reason including, loss of income, profit, agreements, data or for consequential loss or indirect or other loss, regardless of where this arises from and regardless of whether this has been caused by unlawful act or non-performance or otherwise. EGG’s maximum total liability pursuant to the Agreement regardless of whether this has been caused by unlawful act or non-performance or otherwise, will never exceed the amount to be paid by the customer to EGG with respect to the products in question.
9.1 If the customer has queries or complaints further to an order or delivery of products, he can contact EGG:
By telephone: +31 888 399 399 between 10 – 16 hours CET (Central European Time)
By e-mail: firstname.lastname@example.org
10 Data Protection
11.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) will be governed by Dutch law applies to relationships between EGG and the customer. Any dispute between EGG and the customer pursuant to the Agreement or general terms and conditions, or relating thereto, will be brought before the competent court in Amsterdam or the competent court of the residence of the customer being a Consumer. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded herein.
12 Third party rights
12.1 No one other than a party to this Agreement shall have any right to enforce any of its terms.