General terms & conditions

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Article 1 – Definitions

In these General Terms and Conditions:

1. Econergic means the webshop of IMPACT nv that offers products and/or services to consumers through distance selling;
2. Consumer means the natural person who does not act within the framework of his/her  profession or on behalf of a company,
    and enters into a distance contract with the webshop Econergic;
3. Distance contract means a contract whereby, within the framework of a system for the distance selling of products and/or services,
    organized by the webshop Econergic, use is made exclusively of one or several means of distance
    communication up to and including the moment on which the contract is entered into;
4. Means of distance communication means  a means that can be used for concluding a contract, without the consumer
    and Econergic being in the same place at the same time;
5. Withdrawal period means the period in which the consumer can exercise his/her right of withdrawal;
6. Right of withdrawal means the possibility for the consume to waive the distance contract within the withdrawal period;
7. Day means a calendar day;
8. Durable data carrier means any means enabling the consumer or Econergic to store information addressed to him/her
    in person in a way that facilitates future consultation and unaltered reproduction of the store information. 


Article 2 – Identity of the webshop Econergic
  

ECONERGIC is an online shop of IMPACT nv

Company address :
Industriepark 18 – zone B
2220 HEIST-OP-DEN-BERG (BELGIUM)
Email : customerservice@econergic.eu
Telephone number : +32(0)15 76 87 88
Availability : Monday through Friday from 8.30 am to 5:00 pm
VAT number : BE 0458.052.707 
RPR Mechelen 


Article 3 – Scope
  

1. These General Terms & Conditions apply to any offer of the webshop Econergic and any distance contract concluded
     between Econergic and the consumer.
2. These General Terms & Conditions will prevail on all other terms and clauses mentioned in  documents or texts of Econergic.
    In the case of conflicts in translation with any other language, the Dutch (NL) version of the General Terms & Conditions will prevail.
3. The text of these General Terms & Conditions will be made available to the consumer prior to the conclusion of a distance contract.
     If this is not reasonably possible, Econergic will indicate, before the distance contract is concluded,
     that the General Terms & Conditions are available for inspection at the Econergic webshop and that they will be sent free of charge
    to the  consumer, as soon as possible, at the consumer’s request.
4. If the distance contract is concluded electronically, then, notwithstanding the provisions of the previous paragraph,
    and before the distance contract is concluded, the consumer can be provided  with the text of these General Terms & Conditions electronically,
    in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding
    the distance contract, Econergic will indicate where the General Terms & Conditions can be inspected electronically and
    that at the consumer’s request they will be sent to him/her free of charge, ether electronically or in some other way.
5. In case one of the clauses of the General Terms & Conditions has been withdrawn, the other conditions will stay valid.
    Any other agreement with a consumer will only be enforceable after a clear acceptance of the agreement by Econergic.
6. Econergic reserves the right to change or update these General Terms & Conditions at any time without notice.


Article 4 – The offer

1. If an offer is subject to a limited period of validity or is made subject to certain conditions, this will be explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the products and/or services being offered.
     The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer.
     If Econergic makes use of illustrations, these will be a true representation of the products and/or services being offered.
     Econergic is not bound by apparent errors or mistakes in the offer.
3. Every offer will contain such information that makes the rights and obligations resulting from the acceptance of the offer clear to the consumer.
    This includes in particular :
    . the price, inclusive of taxes;
    . the costs of delivery, if any;
    . the way in which the contract shall be concluded and which actions will be required in this respect;
    . whether or not the right of withdrawal applies;
    . the method of payment, delivery or performance of the contract;
    . the period during which the offer must be accepted, or the period during which the price will be maintained;
    . the way in which the consumer can obtain information about actions he does not wish to undertake before
      concluding a contract, as well as the way he can rectify them before the contract is concluded.


Article 5 – The contrac
t

1. The contract will be concluded, subject to the provisions of paragraph 4, at the moment on which the consumer accepts the offer
    and the conditions thereby stipulated have been met.
2. The consumer should be 18 years or older to conclude the contract.
3. If the consumer has accepted the offer electronically, Econergic will immediately confirm receipt of acceptance of the offer electronically.
    The consumer can dissolve the contract as long as this acceptance has not been confirmed.
4. If the contract is concluded electronically, Econergic will take suitable technical and organizational measures to secure
    the electronic transfer of data and will ensure a safe web environment. If the consumer is able to pay electronically,
    Econergic will take suitable security measures.
5. Econergic may obtain information, within the limits of the law, about the consumer’s ability to fulfill his payment obligations,
    as well as about facts and factors that are important for the justifiable conclusion of the distance contract. If that
    research gives Econergic proper cause for declining to conclude the contract, Econergic is entitled to reject an order or application
    or to attach specific conditions to its performance, with indication of the reasons therefore.
6. Together with the product or service, Econergic will provide the consumer with the following information, in writing or
    in such a way that the consumer can store it on an accessible durable data carrier :
    a. the company address, the email address and telephone number of the Econergic webshop where the consumer can lodge complaints;
    b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal,
        or a clear statement relating to the exclusion of the right of withdrawal;
    c. information on the existing after-sales and guarantees;
    d. the data referred to in article 4 par. 3 of these General Terms & Conditions unless Econergic has already provided the consumer
        with these data before the performance of the agreement;
    e. the requirements for terminating the contract, if the duration of the contract exceeds one year or is indefinite.
7. If Econergic has undertaken to supply a series of products or services, the provisions of the previous paragraph only apply to the first delivery.


Article 6 – Right of withdrawal upon delivery of products

The consumer is entitled to notify Econergic that he/she wishes to cancel the sale, without penalty and without reason,
within 14 calendar days following the day of delivery of the product.
1. When purchasing products the consumer has the possibility to dissolve the contract, without indication of reasons, during a period of 14 days.
    This period commences on the day after the product was received by or on behalf of the
    consumer.
2. If the consumer wishes to exercise his right of withdrawal, he is obliged to inform Econergic in writing of his intention, before returning the product.
3. During this period the consumer will handle the product and its packaging with care. Econergic will only accept products returned
    in the original packaging, inclusive of all original accessories, manuals and documentation, in accordance with the reasonable
    and clear instructions provided by Econergic.
4. In case the product has been damaged in one way or another, the right of withdrawal will be declined.
5. The product should be returned to Econergic within 14 days following the day of delivery of the product.
    The consumer will have to supply the proof  that the product has been returned within this period.
6. If a consumer exercises his right of withdrawal, he shall be responsible for the costs and the risk of returning the goods.
7. Econergic will refund the purchase price of returned goods (excl. freight charges) within 14 days after reception of the goods,
    if all conditions under Article 6 have been met.


Article 7 – Exclusion of right of withdrawal

Articles supplied by Econergic to which the right of withdrawal does not apply for hygienic reasons :
. tights, panty hoses, leggings, socks, foot protectors
. underwear.


Article 8 – The price

1. The prices of the products and/or services displayed on the Econergic website are in EURO, inclusive of all taxes and surcharges
    due in Belgium (VAT 21%, Recupel, Auvibel, Bebat, …) and exclusive of shipping cost. Possible shipping cost will be calculated
    at the end of the order process and according to the country of shipment, as an additional charge on the purchase amount of the goods selected.
2. The prices of the products and/or services are inclusive of all taxes and surcharges imposed in Belgium
    (such as recycling taxes on goods and packaging, levies on blank media products such as CD/DVD). Consumers with a shipping
    address outside Belgium will be charged a VAT of 21 %. However, they are exempt from paying the other taxes and levies (like recycling taxes, ..)
    when placing an order.
3. Econergic is not responsible for any price difference between the total estimated amount of the order and the final invoice amount.
4. Prices are subject to changes at any time. The invoice price is the price displayed when the order is placed by the consumer.
5. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased,
    with the exception of price changes resulting from legal tax increases.
6. All prices and promotions are subject to typographical or printing errors.  In no event will Econergic accept any responsibility
    or liability for any consequences of mistakes or incorrectness due to technical problems, human error, or other
    reasons as to prices and offers with respect to the use and/or validity.
    In this case, Econergic reserves the right to cancel any order even if the order has been confirmed in an earlier stage.


Article 9 – Conformity and guarantee

1. Econergic guarantees that the products and/or services meet the provisions of the contract, the specifications stated in the offer,
    the reasonable requirements as to reliability and/or serviceability and the statutory stipulations and/or
    government regulations that existed on the date on which the contract was concluded.
2. A guarantee arrangement offered by Econergic, a manufacturer or an importer does not affect the rights which the consumer can assert
    and the claims which he/she may file against Econergic by virtue of the law and/or the distance contract, in relation to a failure on the part of
    Econergic to meet its obligation vis-à-vis the consumer.
3. Every item is covered by a Legal warranty. Warranty date starts on the date of purchase by (or delivery date to)  the first owner.
4.Warranty service is only valid with a proof of purchase supplied by the consumer. Warranty claims for articles purchased at Econergic
    and delivered straight to the consumer, should be directed to Econergic before the article is returned to
    Econergic, all freight charges paid by the consumer. Econergic will supply the instructions for the return of the article.
5. Any damage or defect, except damage during transport of the order,  should be notified within 1 month from the day the damage
    or defect has been detected. No replacement or repair will be granted after this period.
6. No (commercial and/or legal) warranty rights are granted : for damages due to improper use, use for purposes other than those
    for which is was designed, improper use or not according to the instructions in the user manual,
    modifications or additions to the product,  careless use or negligence, damages caused by external influences
    (accident, schock or impact, lightning, power peak,), rough manipulations, faulty repairs, use with improper accessories and
    parts (power transformers, cables, …).
    No warranty applies to items with a limited life expectancy  (such as throw away batteries, incandescent or halogen lamps,
    fuses, print or laser heads, …).
7. Warranty is not transferable.


Article 10 – Delivery and execution
 

1. Econergic will observe the utmost care when receiving and executing orders for products and when assessing applications
    for the provision of service.
2. The place of delivery is deemed to be the address that the consumer has communicated to Econergic.
3. Taking into consideration the provisions of article 4 of these General Terms & Conditions, Econergic will execute accepted orders
    with due speed, though at the latest within 30 days, unless a longer period has been agreed. If delivery suffers a delay,
    or if the delivery cannot be executed or can only be partially executed, the consumer will be informed at the latest one month
    after the order was placed. In this case, the consumer has the right to dissolve the contract, free  of charge.
    The consumer is not entitled to any compensation.
4. In case of dissolution in accordance with the previous paragraph, Econergic will refund the sum paid by the consumer as soon as possible,
    though at the latest within 30 days after dissolution.
5. Should delivery of a product that has been ordered prove impossible, Econergic will attempt to provide a substitute.
    The fact a substitute is being supplied will be stated clearly and intelligibly, at the latest upon delivery. The right of
    withdrawal cannot be excluded in case of substitutes being delivered. The costs of return shipments will be paid by Econergic.
6. The risk of damage and/or loss of products lies with Econergic until the moment of delivery to the consumer, unless explicitly otherwise agreed.


Article 11 – Secure payments

1. All purchases will be paid electronically after confirmation of the order by the consumer. Payment transactions are rendered secure
    by one of the European market leaders in secure payment systems, OGONE .
2. Following payment facilities are offered to the consumer : MAESTRO debit card, VISA and MASTERCARD credit cards, Econergic
    Gift Cheques, Belgian Ecocheques (EcoPass en TicketEcocheque), bank draft (only in combination with payment with Belgian Ecocheques).
3. The consumer has the obligation to immediately report to Econergic any inaccuracies in payment data provided or stated.
4. In the event of suspected fraud, Econergic has the right to cancel the order and payment for safety reasons.
    The consumer will follow all (credit card) safety instructions and will not make unauthorized use of credit cards or any other
    modes of payment accepted by Econergic such as Ecocheques.


Article 12 – Complaints procedure

1. Complaints relating to the performance of the contract such as all visible defects, freight defects, quality claims should be notified without delay,
    in sufficient detail and clearly defined, after the consumer has established the defects. If these conditions are not fulfilled,
    the claim may not be accepted..
2. A reply to complaints submitted to Econergic will be provided within a period of 14 days as from the date of receipt.
    If it is anticipated that a complaint will require a longer processing time, Econergic will reply within 14 days,
    confirming receipt and indicating when the consumer can expect a more elaborate reply.


Article 13 – Privacy policy

1. Econergic recognizes and respects the privacy of all users of its website and is committed to ensuring that
    the personal information provided by the consumer is protected.
2. The information provided by the consumer is required for processing and completing orders and making accounts.
    If these data are missing the order is cancelled.
3. The consumer commits himself to providing correct information to the webshop Econergic.
    Providing false personal data is considered a breach of the current General Conditions.
4. The personal information provided by the consumer shall only be used for order processing, customer management and
    direct marketing (communication such as newsletters, special offers, exclusive promotions, bargains,…).
5. Impact nv, Industriepark 18-zone B 2220 Heist op den Berg has exclusive access to the personal information of the consumer.
    Only Impact nv has the right to send information to the consumer.
6. The consumer can choose, at any time, to no longer receive emails such as newsletters, offers, etc. by contacting Impact nv,
     Industriepark 18-zone B 2220 Heist op den Berg, email: customerservice@econergic.eu or by clicking the provided link.
7. The consumer has the legal right to review and, if necessary, correct his personal data according to Belgian law on the protection of privacy
     in relation to the processing of personal data.
     More information available in the Public Register (Commission for the protection of privacy).
     Provided proof of identity (copy recto/verso of identity card) the consumer can receive a written notice of his personal data,
     free of charge, through a written, dated and signed request to Impact nv, Industriepark 18-zone B 2220 Heist op den Berg,
     email: customerservice@econergic.eu
     The consumer can have his personal data corrected in case it should be incorrect, incomplete or irrelevant.

 
Artikel 14 – Disclaimer

1. Impact nv has put the greatest possible care in maintaining this webshop. Nevertheless, no rights can be derived from the content
    of this webshop and Impact NV does not accept liability, as far as legally possible, for possible incompleteness or inaccuracies
    in the information or for damage or other consequences resulting from or associated with the use or the unavailability
    of information on this webshop.
2. Impact nv does everything in its power to check the products delivered by its suppliers and offered through its website.
    If, despite these checks, a non-authorized product is offered through the webshop, Impact nv rules out every liability,
    as far as legally possible, for damage suffered by these non-authorized products.
3. The copyright and all other rights, including the intellectual property rights, with regard to this webshop and its content,
    among which is comprised the software, audio, video, texts, manuals, pictures, belong to Impact nv or its license issuer.

 
Artikel 15 – Disputes

The agreements between the webshop Econergic and the consumer, to which these Terms and Conditions apply,
are governed exclusively by Belgian law, to the exclusion of the provisions of international privacy law on applicable law and the Rome I Convention
on contracts for the international sale of goods. In case of disputes, only the courts of Mechelen are competent.