These general terms and conditions take effect on November 10, 2020

Table of Contents

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the reflection period
Article 8 – Exercise of the right of withdrawal by the consumer and its costs
Article 9 – Obligations of the entrepreneur upon withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and extra warranty
Article 13 – Delivery and execution
Article 14 – Duration transactions
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Appendix I: Model form for withdrawal

Article 1 – Definitions

Cooling-off period: the period within which the consumer can exercise their right of withdrawal.

Consumer: the natural person who does not act within the framework of a professional activity.

Day: calendar day.

Additional agreement: An agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and goods, digital content and/or services are delivered by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur.

Duration transaction: a distance agreement relating to a series of products and/or services, the delivery and/or acceptance obligation of which is spread over time.

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that enables future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the cooling-off period.

Entrepreneur: the natural or legal person who is a member of Ecovery.be and offers products and/or services and/or digital content to consumers at a distance.

Distance agreement: an agreement in which only one or more remote communication techniques are used.

Digital content: data produced and delivered in digital form.

Remote communication technique: a means that can be used to conclude an agreement without the consumer and entrepreneur being in the same room at the same time

Artikel 2 – Identiteit van de ondernemer

Statutory name: Motion Planet BV
Trade name: Ecovery
Address: Industriestraat 5, 8755 Ruiselede
Tel: 0032 476 49 09 04 (between 8:30 and 17:00 on weekdays)
E-mail: info@ecovery.be
Chamber of Commerce number: 0684514845
VAT identification number: BE0684514845

Article 3 – Applicability

1. These general terms and conditions apply to any offer made by the entrepreneur and to any distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer as soon as possible free of charge upon request.
3. If the distance agreement is concluded electronically, in deviation from the previous member and before the distance agreement is concluded, the text of these general terms and conditions may be transferred to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be read electronically and that they will be sent free of charge to the consumer electronically or in another way at their request.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

Article 4 - The offer

1. If an offer has a limited period of validity or is made under conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the products and/or services offered.
3. Obvious errors or mistakes in the offer do not bind the entrepreneur.
4. Each offer contains such information that the consumer can clearly see what rights and obligations are attached to the acceptance of the offer. This particularly concerns:
   – the price inclusive of taxes;
   – any delivery costs;
   – the manner in which the contract will be concluded and which actions are required for that;
   – whether the right of withdrawal applies or not;
   – the method of payment, delivery or execution of the contract;
   – the deadline for acceptance of the offer, or the deadline for confirming the price;
   – the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the basic rate;
   – if the contract is archived after formation, how the consumer can consult it;
   – how the consumer can become aware of actions he did not intend before concluding the contract, as well as how he can rectify them before the contract is concluded;
   – the possible languages, besides Dutch, in which the contract can be concluded; the codes of conduct to which the entrepreneur has subscribed and how the consumer can consult these codes electronically; and
   – the minimum duration of the distance contract in case of an agreement that involves continuous or periodic delivery of products or services.
5. The offer consists of ecological constructions, nature conservation products, garden animal feeders and fieldwork materials.

Article 5 – Agreement

1. The agreement is entered into, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the conditions set thereto.
2. If the consumer has accepted the offer electronically, the entrepreneur confirms the receipt of the acceptance of the offer without delay electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can, within legal frameworks, inform himself 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 distance agreement. If the entrepreneur has good grounds not to enter into the agreement on the basis of this investigation, he is entitled to motivatedly refuse an order or application or to attach special conditions to the execution.
5. The entrepreneur shall, at the latest upon delivery of the product, service or digital content to the consumer, include the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
   – the business address of the entrepreneur's establishment where the consumer can address complaints;
   – the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;
   – information about warranties and existing after‑sale service;
   – the price including all taxes of the product, service or digital content; where applicable the delivery costs; and the method of payment, delivery or performance of the distance contract;
   – the requirements for termination of the contract if the contract has a duration of more than één year or is of indefinite duration;
   – if the consumer has a right of withdrawal, the model withdrawal form.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of Withdrawal

1. Upon delivery of products:

1. The consumer can cancel an agreement regarding the purchase of a product within a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not compel them to state their reason(s).
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or; a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that he has clearly informed the consumer of this prior to the ordering process. b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part; c. in the case of agreements for the regular delivery of products over a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

 

2. For services and digital content that is not delivered on a physical medium:
3. The consumer can cancel a service agreement and an agreement for the supply of digital content that is not delivered on a physical medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for cancellation, but not obligate them to state their reason(s).
4. The cooling-off period mentioned in paragraph 3 starts on the day after the conclusion of the agreement.

 

3. Extended cooling-off period for products, services and digital content that is not delivered on a physical medium if not informed about the right of withdrawal:
4. Indien de ondernemer de consument de wettelijk verplichte informatie over het herroepingsrecht of het modelformulier voor herroeping niet heeft verstrekt, loopt de bedenktijd af twaalf maanden na het einde van de oorspronkelijke, overeenkomstig de vorige leden van dit artikel vastgestelde bedenktijd.
5. If the entrepreneur has provided the consumer with the information referred to in the previous section within twelve months after the commencement date of the original consideration period, the consideration period expires 14 days after the day on which the consumer received that information.

 

Article 7 – Obligations of the consumer during the consideration period

 

1. During the consideration period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is solely liable for any depreciation of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any depreciation of the product if the entrepreneur has not provided him with all legally required information on the right of withdrawal before or when concluding the agreement.

 

Article 8 - Exercise of the right of withdrawal by the consumer and associated costs

 

1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the withdrawal period by means of the model withdrawal form or in any other unequivocal manner. The model form is included as an annex to the General Terms and Conditions.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer sends the product back, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product themselves. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
3. The consumer returns the product with all supplied accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product. If the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs of return shipping.

 

Article 9 – Obligations of the entrepreneur upon cancellation

1. Als de ondernemer de melding van herroeping door de consument op elektronische wijze mogelijk maakt, stuurt hij na ontvangst van deze melding onverwijld een ontvangstbevestiging.
2. The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the cancellation. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever occurs first.
3. The entrepreneur uses the same payment method for repayment that the consumer used, unless the consumer agrees to another method. The repayment is free of charge for the consumer.
4. If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs for the more expensive method.

 

Article 10 - Exclusion of right of withdrawal

 

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least before the conclusion of the agreement:

1. Service agreements, after full execution of the service, but only if:
2. the execution has started with the express prior consent of the consumer; and
3. the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
4. Products manufactured according to the consumer's specifications, which are not pre-manufactured and are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
5. Products that perish quickly or have a limited shelf life;
6. Products that are irreversibly mixed with other products by their nature after delivery;
7. Sealed audio and video recordings and computer software, the seal of which has been broken after delivery;
8. The supply of digital content other than on a tangible medium, but only if:
9. the execution has started with the express prior consent of the consumer; and
10. The consumer has declared that he thereby loses his right of withdrawal.
    6. Products whose price is tied to fluctuations on the financiële market over which the entrepreneur has no influence;
    7. For audio and video recordings whose seal the consumer has broken;

Article 11 - The price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes as a result of changes in VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This tie to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
5. these are the result of statutory regulations or provisions; or
6. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
7. The prices mentioned in the offer of products or services are inclusive of VAT.
8. In the event of a technical error regarding the display of the price, the entrepreneur will only be bound if the displayed price could reasonably be expected for the product or service.

 

Article 12 – Compliance with the agreement and additional guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of quality and/or usability and the statutory regulations and/or government regulations in force at the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur if the entrepreneur has failed to fulfill his part of the agreement.
3. Under additional warranty is understood any commitment of the entrepreneur, its supplier, importer or manufacturer in which they grant the consumer certain rights or claims that go beyond what they are legally required to do in case they have failed to comply with their part of the agreement.

 

Article 13 - Delivery and execution

1. The entrepreneur will exercise the greatest possible care in receiving and executing orders for products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Taking into account what is stated about this in article 4 of these general terms and conditions, the company will execute accepted orders with due haste, but at the latest within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be notified at the latest one month after placing the order. In that case, the consumer has the right to cancel the agreement without costs, request a comparable replacement product, or claim compensation.
4. In case of cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after cancellation.
5. If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipping are in this case for the account of the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

 

Article 14 - Continuing transactions

1. The consumer can terminate an agreement that has been entered into for an indefinite period at any time, with due observance of the agreed termination rules and a notice period of no more than one month.
2. An agreement entered into for a fixed period has a maximum term of two years. If it is agreed that the distance agreement will be extended in the event of the consumer's silence, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.

 

Article 15 – Payment

1. Unless otherwise specified in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
2. In the sale of products to consumers, a partial or full prepayment may be stipulated in general terms (during the cancellation period). When prepayment is stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) until the agreed prepayment has been made.
3. The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in the payment information provided or stated.
4. If the consumer does not comply with his payment obligation(s) in a timely manner, after having been notified by the entrepreneur of the late payment and the entrepreneur having granted the consumer a period of 14 days to still comply with his payment obligations, after the non-payment within this 14-day period, the consumer is liable for the statutory interest on the still outstanding amount and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the next € 5,000, with a minimum of € 40. The entrepreneur may deviate from the aforementioned amounts and percentages in favor of the consumer.

Article 16 – Complaint Handling

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur in full and clear detail within a reasonable time after the consumer has identified the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
4. A complaint about a product, service or the service of the entrepreneur can also be submitted via an email to the address info@ecovery.be
5. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is eligible for dispute resolution.

Article 17 - Disputes

1. These terms and conditions are exclusively governed by Belgian law, insofar as Dutch private international law allows this.
2. Further information on disputes can be consulted on the ODR platform of the European Commission http://ec.europa.eu/odr/

Article 18 – Privacy Statement

1. What data do we collect?

Through our website, we collect the following personal data when you fill out our contact form:

• First and last name
• Company name (optional)
• Street name and number
• Postal code and municipality
• E-mail address
• Any additional comments

Technical data such as IP address and browser information can also be automatically registered (via server logs or security plugins).

2. Why do we collect this data?

We process your data to:

• Respond to your message or request
• Contact you correctly or provide you with quotes
• Improve our services
• Comply with legal obligations

We process your data solely on the basis of your consent (when submitting the form) or a legitimate interest (communication within the framework of an existing relationship).

3. Are your data shared?

Your data is only shared with:

• Our hosting provider (for secure storage)
• Any service providers with whom we have a processing agreement (e.g. website administrator)

We never sell or rent your data to third parties.

4. How long do we retain your data?

We do not retain your data for longer than necessary:

• Form data: max. 1 year after last contact (unless you become a customer)
• Technical log data: maximum 30 days, unless necessary for security investigation

5. Your rights

You have the right to:

• View, correct or have your data deleted
• Withdraw your consent
• Object to processing
• File a complaint with the Data Protection Authority (www.gegevensbeschermingsautoriteit.be)

Submit a request? Email us at info@ecovery.be.

6. How do we protect your data?

We take appropriate technical and organizational measures:

• Secure SSL connection on the website
• Secure access to our mail and server
• Processing agreements with our partners

7. Cookies

Our website uses only functional cookies and analytical cookies without personal identification. See our cookie policy for more info.

8. Changes

We reserve the right to modify this statement. The latest version is always available on this page.

 

Appendix I: Model withdrawal form

Model withdrawal form

(only fill in and return this form if you wish to withdraw from the agreement)

– Aan: [ naam ondernemer]
[ geografisch adres ondernemer]
[ faxnummer ondernemer, indien beschikbaar]
[ e-mailadres of elektronisch adres van ondernemer]

 

– I/We* hereby notify you that I/We* cancel our contract regarding

the sale of the following goods: [description of goods]*

the supply of the following digital content: [description of digital content]*

the performance of the following service: [description of service]*,

cancel/cancels*

 

– Ordered on*/received on* [date of order or receipt]

– [Name of consumer(s)]

– [Address of consumer(s)]

– [Signature of consumer(s)] (only if this form is submitted on paper)

* Cross out what does not apply or fill in what does apply