Language
  • box Order directly from the manufacturer
  • recycle Durable and high quality
  • star Unique products
  • delivery-truck Ordered before 8 p.m., shipped tomorrow

Terms and Conditions Evolar

General Terms and Conditions of Distance Selling Jagba B.V. h.o.d.n. Evolar.

Article 1 – Definitions

In these terms and conditions:

  • Reflection period: the period within which the Consumer can make use of his Right of Withdrawal;
  • Consumer: the natural person who does not act in the exercise of a profession or business and who enters into an Agreement with Evolar;
  • Day: calendar day;
  • Right of withdrawal: the option for the Consumer to cancel the Agreement within the Cooling-off Period;
  • Evolar: the legal person Jagba B.V. that offers products and/or services to Consumers at a distance;
  • Agreement: a distance agreement.
  • Distance Agreement: an agreement whereby, within the framework of a system organized by Evolar for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
  • General Terms and Conditions: the present General Terms and Conditions of Evolar.

Article 2 – Applicability

The present General Terms and Conditions apply to every offer from Evolar and to every Agreement and/or orders concluded between Evolar and the Consumer.

If one or more provisions in these General Terms and Conditions are at any time wholly or partially null and void or are annulled, the Agreement and these terms and conditions will otherwise remain in effect and the relevant provision will be replaced immediately by mutual agreement by a provision that has the purport of of the original as closely as possible.

Article 3 – The offer

Evolar's offer is without obligation. Evolar is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Consumer. If Evolar uses images, these are a true representation of the products and/or services offered. Obvious mistakes, obvious inaccuracies or obvious errors in the offer do not bind Evolar.

Images in the offer are indications and cannot give rise to dissolution of the Agreement and/or compensation.

Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- any shipping costs;
- the method of payment, delivery and performance of the Agreement;

Article 4 – The Agreement

The Agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the Consumer of the offer and compliance with the corresponding conditions.

If the Consumer has accepted the offer electronically, Evolar will immediately confirm receipt of the acceptance of the offer electronically.

If the Agreement is concluded electronically, Evolar will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe digital environment. If the Consumer pays electronically, Evolar will observe appropriate security measures.

Evolar 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 Agreement. If, on the basis of this investigation, Evolar has good reasons not to enter into the Agreement, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
Each Agreement is entered into under the conditions precedent of sufficient availability of the relevant products.

Article 5 – Right of withdrawal

When purchasing products, the Consumer has the legal option to dissolve the Agreement, without giving reasons, during 14 Days. This cooling-off period starts on the Day after delivery to the address of the Consumer of the product or a (postal) address designated in advance by the Consumer and made known to Evolar.

During the Cooling-off Period, the Consumer will treat the product and the packaging with due care and due diligence. He will only unpack the product to the extent necessary to assess whether he wishes to keep the product.

During the Reflection Period, the Consumer is never entitled to use Evolar's products. In this article, use means the most comprehensive meaning, but in any case one refers to: connecting, assembling, disassembling, switching on, using for cooling and using for heating.

If the Consumer makes use of his Right of Withdrawal, he will return the product with all accessories supplied, in the original condition and packaging to Evolar, in accordance with the instructions provided by Evolar on the website.

If the Consumer wishes to make use of his Right of Withdrawal, he is obliged to make this known to Evolar within 14 Days after receipt of the product. The Consumer must make this known by means of the model form which can be found on the Evolar website. After the Consumer has indicated that he wishes to make use of his Right of Withdrawal, the Consumer must return the product within 14 Days. The Consumer must prove that the delivered goods have been returned within the legal term.

If the Consumer has not made it known after the end of the period of 14 Days referred to in this article that he wishes to make use of his Right of Withdrawal, the Agreement is final.

Article 6 – Costs in case of withdrawal

If the Consumer makes use of his Right of Withdrawal, the costs of returning will be borne by the Consumer.

If and insofar as the Consumer has paid an amount to Evolar for the implementation of the Agreement, Evolar will refund this amount as soon as possible, but no later than 14 Days after receiving the return of the product.

Article 7 – The price

The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. The Consumer cannot claim damages and/or costs from Evolar for the consequences of printing and typographical errors. In the event of printing and typesetting errors, the Evolar is not obliged to deliver the product according to the incorrect price.

Article 8 – Conformity and Warranty

Evolar guarantees and 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 existing on the date of the conclusion of the Agreement. and/or government regulations.

Evolar is never responsible for the ultimate suitability of the products for each individual application by the Consumer, nor for any advice regarding the use or application of the products.

Any defects or incorrectly delivered products must be reported to Evolar in writing within 4 weeks after delivery to the address of the Consumer or a (postal) address designated in advance by the Consumer and made known to Evolar. The products must be returned in their original packaging and in new condition, within 14 days after the defect has been reported. After receipt of the aforementioned defective product, Evolar will replace this product free of charge with an equal and sound product.

The warranty period of Evolar corresponds to the manufacturer's warranty period.

The warranty is not transferable.

The warranty on Evolar products lapses if:

The Consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by third parties, except for necessary interventions for commissioning;

The delivered products have been exposed to abnormal circumstances or are otherwise carelessly treated with due care or have been used contrary to the instructions of Evolar and/or on the packaging of the product;

Article 9 – Delivery and execution

Evolar will take the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the Consumer has made known to the Company.

With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but no later than within 7 days, unless the consumer has agreed to a longer delivery period.

If the delivery of products is delayed, or if an order cannot or only partially be executed, the Consumer will be notified of this no later than 7 Days after the Agreement has been concluded.

All delivery times are indicative. The Consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the Consumer to dissolve the Agreement (subject to the Right of Withdrawal) or to compensation.

The risk of damage and/or loss of products rests with Evolar until the moment of delivery to the address of the Consumer or a (postal) address designated in advance by the Consumer and made known to Evolar.

Article 10 – Payment

Unless otherwise agreed, the amounts owed by the Consumer must be paid immediately upon entering into the Agreement.

The Consumer is obliged to immediately report any inaccuracies in payment details provided or stated to Evolar.

In the event of non-payment by the Consumer, Evolar has the option immediately and without delay to offer the claim for collection and to claim the reasonable costs for this in accordance with the Collection Costs Act. Furthermore, Evolar is entitled to claim statutory interest in accordance with Article 6:119 of the Dutch Civil Code.

Article 11 – Complaints procedure

Evolar has a sufficiently publicized customer service for any complaints from the Consumer
Complaints about the performance of the Agreement must be submitted fully and clearly described in writing to Evolar within 7 Days, after the Consumer has discovered the defect in progress.

Complaints submitted to Evolar will be answered within a period of 14 Days from the date of receipt. If a complaint requires a foreseeable longer processing time, Evolar will respond within the period of 14 Days with a notice of receipt and an indication when the Consumer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.

In the event of complaints, a Consumer must first of all turn to the Evolar. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend Evolar's obligations, unless Evolar indicates otherwise in writing.

Article 12 – Disputes

Only Dutch law applies to the Agreement between Evolar and the Consumer to which these General Terms and Conditions apply and will be settled by the competent Dutch court within the district of Evolar. The above also applies if the Consumer lives abroad.

The Vienna Sales Convention does not apply.

trengo