Terms and conditions of placement
BUSINESS BUILDING
The offer of movable goods on the website is not sold by the website operator, but by the seller. Therefore, the purchase of movable goods constitutes a contract between the buyer and the seller. The website operator itself is therefore not a party to this purchase contract. The general terms and conditions applicable between the seller and the buyer are included in this document for convenience. Note: These terms and conditions apply between the buyer and the seller and are therefore not enforceable against the website owner.
If the seller is based in a country of the European Union (EU), Norway, Liechtenstein, or Iceland, the European Distance Selling Directive applies. This directive includes the following rights and guarantees:
- The seller must provide the buyer with information regarding taxes, payment, delivery and performance of the contract clearly and in writing.
- The buyer must receive the order within 30 days, unless a different deadline has been agreed with the seller. If the movable item in question is not or no longer available, the seller will inform the buyer. Any payments made will be refunded within 30 days, unless the seller delivers a similar item.
- The buyer has a right of withdrawal, which means that the buyer can cancel the purchase within at least fourteen days without giving any reason. Any shipping costs incurred are borne by the buyer. Any payments made will be refunded within thirty days.
ARTICLE 1 - DEFINITIONS
The following terms are used in these brokerage conditions:
Website: available platform accessible via [website], including all associated subdomains.
Owner of the website: the company [company name], located at [street] in [city] and registered with the Chamber of Commerce under number [business number].
Buyer: the person making a purchase on the above-mentioned website.
Seller: Company that sells movable goods to the buyer, either as a producer or as a trader.
ARTICLE 2 - BUYER'S RIGHTS
If the seller is based in a country of the European Union (EU), Norway, Liechtenstein, or Iceland, the European Distance Selling Directive applies. This directive includes the following rights and guarantees:
The seller must provide the buyer with information regarding taxes, payment, delivery and performance of the contract clearly and in writing.
The buyer must receive the order within 30 days, unless a different deadline has been agreed with the seller. If the movable item in question is not or no longer available, the seller will inform the buyer. Any payments made will be refunded within 30 days, unless the seller delivers a similar item.
The buyer has a right of withdrawal, which means they can cancel the purchase within fourteen days without giving any reason. Any shipping costs incurred are borne by the buyer. Any payments made must be refunded within thirty days.
ARTICLE 3 - NATURE OF MEDIATION SERVICE
The offer of movable goods on the website is not sold by the website operator, but by the seller. The purchase of movable goods is therefore subject to a contract between the buyer and the seller. The website operator itself is not a party to this purchase contract.
Certain movable property is purchased through the Website from third parties, whether or not they are located in the European Union.
The website operator's service is an intermediary service provided to a third party. When ordering goods through the website, the website operator is authorized to act as an intermediary on behalf of and for the account of the buyer and to order the goods from the actual seller of the goods in question.
If the actual seller is located outside the Netherlands and the movable property in question must therefore be imported, this will be done on behalf of the buyer. Additional costs, such as import VAT and (customs) clearance fees, are borne by the buyer.
ARTICLE 4 - PAYMENT The website operator handles payment for the purchased product. The website operator also handles the payment (or refund) to the actual seller.
It is possible that the prices listed on the website may differ from the amounts paid by the website operator to the actual seller. It is possible that the seller may be given the opportunity to purchase the product for a lower price after it has been purchased by the buyer. The difference between the amount paid by the buyer and the amount paid to the seller is considered compensation for the intermediary service provided by the website operator to the third party.
ARTICLE 5 - COMPLAINTS PROCEDURE
If the Buyer is dissatisfied with the manner in which the (brokerage) agreement was carried out, they can notify the Website Operator via the contact details provided on the Website. Website Operator will handle any report from the Buyer with the utmost care and as quickly as possible. The Website Operator will provide the Buyer with a substantive response no later than fourteen days after receiving the report.
In case of dissatisfaction with the procedure referred to in paragraph 1 of this article, the Buyer may contact the Dispute Commission of the European ODR platform (https://ec.europa.eu/consumers/odr/).
General terms and conditions of business
TABLE OF CONTENTS:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The Treaty
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The Price
Article 10 - Compliance and Guarantee
Article 11 - Delivery and execution
Article 12 - Term transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints
Article 15 - Disputes
Article 16 - Additional or different provisions
ARTICLE 1 - DEFINITIONS
In these Terms and Conditions the following terms are defined:
Additional contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these products, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession, trade or craft and who concludes a contract with the entrepreneur;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Term Contract: An agreement relating to a series of products and/or services whose delivery and/or purchase obligation is spread over time;
Durable medium: any means (or instrument) that enables the consumer or trader to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information, including email.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period; Model form: the withdrawal form made available to the consumer by the trader, which the consumer may complete if they wish to exercise their right of withdrawal;
Entrepreneur: the natural or legal person who offers products and/or (access to) digital content and/or services at a distance to consumers;
Distance contract: an agreement in which, within the framework of a system for distance selling of products and/or services organised by the trader, one or more techniques for distance communication with the consumer are used exclusively until the conclusion of the agreement
Distance communication technology: means that can be used to conclude a distance contract without the consumer and the trader being in the same room at the same time
General Terms and Conditions: these General Terms and Conditions of the Entrepreneur.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Ecomvest LLC
Address: 30 N Gould St, STE R, Sheridan, WY 82801, USA
Email: info@luxfi.de
Telephone number: +1740 272-5703
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and every order concluded between the entrepreneur and the consumer. 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, the entrepreneur will indicate before the distance contract is concluded that the general terms and conditions are available for inspection, how they can be inspected and that these general terms and conditions will be sent to the consumer free of charge as soon as possible at the consumer's request. If the distance contract is concluded electronically, by way of derogation from the previous paragraph, the text of these general terms and conditions will be made available to the consumer in electronic form in such a way that the consumer can easily store them on a durable medium. If this is not possible, it will be stated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent to the consumer free of charge, either electronically or by another means, at the consumer's request. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer shall always invoke the applicable provision that is most favorable to them. In the event that one or more provisions of these general terms and conditions are declared null and void or voidable in whole or in part at any time, these general terms and conditions shall otherwise remain in force and the null and void provision in question shall be immediately replaced by mutual agreement with a provision that comes as close as possible to the meaning of the original. Situations not covered by these general terms and conditions must be assessed on the basis of these general terms and conditions. Any ambiguities regarding the interpretation or content of one or more provisions of our general terms and conditions should be interpreted in accordance with these general terms and conditions.
ARTICLE 4 - THE OFFER
If an offer has a limited period of validity or is made subject to conditions with suspensive or resolutive effect or any other condition, this will be explicitly stated in the offer. The entrepreneur's offer is non-binding. The entrepreneur has the right to change and adapt the offer. The entrepreneur's offer contains a description of the products and/or services offered that is at all times complete and correct. The offer contains a sufficiently detailed description to allow the consumer to adequately evaluate the offer. If the entrepreneur uses any images that imply that these images show the offered product, then these are a true reflection of the offered products and/or services. Obvious errors or obvious mistakes in the offer cannot bind the entrepreneur. The images of the products are a true representation of the offered products. However, the entrepreneur cannot guarantee that the colors shown exactly match the actual colors of the products. Each offer contains such information that it is clear to the consumer which rights and obligations are associated with accepting the offer. This applies in particular to: the price including taxes; the possible costs of delivery; the manner in which the agreement is concluded and the actions required for that; whether or not the tariff for distance communication is calculated on a basis other than the regular basic tariff for the means of communication used; whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer; the minimum duration of the distance contract in the case of an extended transaction; the application of the right of withdrawal; the method of payment, delivery and performance of the contract;
ARTICLE 5 - THE CONTRACT
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and the conditions for doing so are met. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the electronic acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the contract. If the contract is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and will ensure a secure web environment. If the consumer has the option of paying electronically, the trader will take appropriate security measures. The trader may, within the legal limits, obtain information about the consumer's ability to meet his payment obligations, as well as about all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this examination, the trader has good reason not to enter into the contract, he is entitled to refuse an order or request, stating his reasons, or to attach special conditions to the execution. The trader will provide the consumer with the following information, in writing or in such a way that the consumer can store it on a durable medium at the latest upon delivery of the product, service or digital content: the address of the trader's establishment where the consumer can submit complaints; the conditions and manner in which the consumer can exercise his or her right of withdrawal, or a clear statement about the exclusion of the right of withdrawal; information on guarantees and existing after-sales service; the price, including taxes, for the product, service or digital content; the costs of delivery, if applicable; the method of payment, delivery or performance of the distance contract; the conditions for terminating the contract if the contract has a duration of more than one year or is indefinite; if the consumer has a right of withdrawal, the model form for withdrawal. 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
Upon delivery of products: When purchasing products, the consumer has the option to terminate the contract within 14 days without giving any reason. This withdrawal period begins on the day following receipt of the product by the consumer or a representative previously designated by the consumer and the trader. If: the consumer has ordered several products in the same order, the withdrawal period begins on the day on which the consumer or a third party designated by the consumer receives the last product. The trader may, provided that the consumer has clearly informed the consumer before the order process, refuse an order for multiple products with a different delivery time. If the delivery of a product consists of several shipments or parts, the withdrawal period begins on the day on which the consumer or a third party designated by the consumer receives the last shipment or part; if the agreement extends to the regular delivery of products over a certain period, the withdrawal period begins on the day on which the consumer or a third party designated by the consumer receives the first product. In the case of services and digital content not supplied on a tangible medium: In the case of a service contract or a contract for the supply of digital content not supplied on a tangible medium, the consumer may withdraw from the contract within fourteen days without giving any reason. These fourteen days start on the day following the conclusion of the contract. Extended withdrawal period for products, services and digital content not supplied on a tangible medium if no information on the right of withdrawal is provided: If the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months of the start of the original reflection period, the reflection period will expire fourteen days after the day on which the consumer received this information. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product to the entrepreneur with all supplied accessories and - if reasonably possible - in the original condition and packaging, in accordance with the entrepreneur's reasonable and clear instructions. If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur of this within 14 days of receiving the product. The consumer must do so using the model form. After the consumer has made their decision to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must provide evidence of the timely return of the delivered goods, for example by providing proof of dispatch.
ARTICLE 7 - COSTS OF EXERCISING THE RIGHT OF WITHDRAWAL
When exercising the right of withdrawal, the consumer only has to bear the costs of returning the goods. The trader will refund the purchase price as soon as possible, but no later than 14 days after the withdrawal, using the same method used by the consumer. This requires the trader to return the goods or provide conclusive proof of full return. Any depreciation of the product's value caused by careless handling will be charged to the consumer. This cannot be claimed if the trader has not provided all legally required information regarding the right of withdrawal. This should be done before the purchase contract is concluded.
ARTICLE 8 - EXCLUSION OF THE RIGHT OF WITHDRAWAL
An exclusion of the right of withdrawal is only possible if the trader has made this clear when making the offer or at least in good time before the conclusion of the contract and if the product is one of the products listed in paragraphs 2 and 3. An exclusion is only possible for the following products: those created by the trader according to the consumer's specifications; those of a clearly personal nature; those that spoil or age quickly; those whose price depends on fluctuations in the financial market over which the trader has no influence; for individual newspapers and magazines; for audio and video recordings and computer software whose seal has been broken by the consumer; for hygiene products where the seal has been broken by the consumer. An exclusion is only possible for the following services: relating to accommodation, transport, restaurant operations or leisure activities to be carried out on a specific date or during a specific period; of which the delivery has begun with the consumer's explicit consent before the end of the cooling-off period; on bets and lotteries
ARTICLE 9 - PRICE
During the period of validity specified in the offer, the prices of the products and/or services offered will not be increased, except in the case of price changes due to changes in VAT rates.
By way of derogation from the previous paragraph, the trader may offer products or services at variable prices, the prices of which are subject to fluctuations in the financial market over which the trader has no control. This connection with fluctuations and the fact that the prices mentioned are indicative prices will be mentioned in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from legal regulations or provisions.
Price increases from 3 months after conclusion of the contract are only permissible if the entrepreneur has prescribed them and:
1. they are based on statutory provisions or regulations; or
2. the consumer has the right to terminate the contract on the day on which the
Price increase takes effect.
Delivery takes place in the country where the transport begins. In this case, this delivery takes place outside the EU. The postal or courier service will then collect the import VAT or handling fees from the customer. Consequently, the trader will not charge any VAT.
All prices are subject to printing errors. No liability is assumed for the consequences of printing or typesetting errors. In the event of printing errors, the company is not obligated to supply the product at the incorrect price.
ARTICLE 10 - WARRANTY AND CONFORMITY
The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations at the time the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal. A guarantee provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the agreement. This includes any promise made by the entrepreneur, its supplier, importer, or producer, granting the consumer certain rights or claims that go beyond what they are legally obliged to if they have failed to fulfill their part of the agreement. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. The products must be returned in their original packaging and in new condition. The guarantee does not apply if: the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties; The delivered products have been subjected to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging; the defectiveness is wholly or partly the result of government regulations that have been or will be imposed on the nature or quality of the materials used.
ARTICLE 11 - DELIVERY AND PERFORMANCE
The entrepreneur will exercise the greatest possible care when accepting and executing orders for products and when assessing requests for the provision of services. The place of delivery is the address provided to the company by the consumer. Subject to paragraph 4 of this article, the company will accept orders promptly, but no later than 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed, or an order is not or only partially executed, the consumer will receive it no later than 30 days after the order was placed. In that case, the consumer has the right to terminate the contract without penalty. The consumer is not entitled to compensation. All delivery times are indicative. The consumer cannot derive any rights from any stated delivery dates. Exceeding a deadline does not entitle the consumer to compensation. In the event of dissolution in accordance with paragraph 3 of this article, the operator will refund the amount paid by the consumer as soon as possible, but at least within 14 days of dissolution. Should delivery of an ordered product prove impossible, the entrepreneur will endeavor to provide a replacement item. At the latest upon delivery, the delivery of a replacement item will be clearly and comprehensibly communicated. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are borne by the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative notified to the entrepreneur's representative, unless expressly agreed otherwise.
ARTICLE 12 - TERM TRANSACTIONS: TERM, TERMINATION AND RENEWAL
Termination The consumer has the right to terminate a contract concluded for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a maximum notice period of one month. The consumer has the right to terminate a contract concluded for a fixed term, which has been concluded for the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period not exceeding one month, to the end of the fixed term. The consumer can terminate the agreements referred to in the previous paragraphs: at any time and not be limited to termination at a specific time or during a specific period; terminate them at least in the same way as they were concluded by him; always terminate with the same notice period that the entrepreneur has set for himself. Extension A contract concluded for a fixed term, which has been concluded for the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a specific period. Notwithstanding the previous paragraph, a fixed-term contract concluded for the regular delivery of daily or weekly newspapers or magazines may be tacitly renewed for a maximum period of three months if the consumer has the right to terminate the renewed contract before the end of the renewal period, subject to a notice period of no more than one month. A fixed-term contract concluded for the regular delivery of products or services may only be automatically renewed for an indefinite period if the consumer has the right to terminate at any time, subject to a notice period of no more than one month, and a notice period of no more than three months if the contract concerns the regular delivery of daily or weekly newspapers or magazines, but less than once a month. A fixed-term contract for the regular delivery of trial days, news and weeklies and magazines (trial or introductory subscription) shall not be tacitly renewed and shall automatically terminate upon expiry of the trial or introductory period. Duration If a contract lasts longer than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless reasonableness and fairness preclude termination before the end of the agreed term.
ARTICLE 13 - PAYMENT
Unless otherwise agreed, the amounts to be paid by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement. The consumer is obliged to immediately report any inaccuracies in the data provided or the stated payment to the trader. In the event of non-payment by the consumer, and subject to legal restrictions, the trader is entitled to charge the consumer all previously determined reasonable costs.
ARTICLE 14 - APPEALS PROCEDURE
The trader must have a sufficiently publicized complaints procedure and handle complaints in accordance with this procedure. Complaints about the performance of the contract must be submitted to the trader within a reasonable period of time after the consumer has discovered the defects, and must be fully and clearly described. Complaints submitted to the trader will be answered within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the trader 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. If the complaint cannot be resolved amicably, it becomes a dispute subject to the dispute resolution procedure.
ARTICLE 15 - DISPUTES
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law.
ARTICLE 16 - ADDITIONAL OR DIFFERENT PROVISIONS Any additional provisions or provisions that deviate from these General Terms and Conditions may not be to the detriment of the consumer and should be set out in writing or recorded in such a way that the consumer can keep them accessible on a durable medium.
ARTICLE 17 - CLOTHING AND FOOTWEAR
Unfortunately, we do not take returns of clothing and shoes due to the devastating impact this has on our environment. In case your garment doesn't fit, we will give you a 50% discount coupon so you can order a better size. We recommend gifting the original garment to a friend to avoid waste. Here are some facts why we made this decision: - In 2018, according to the Environmental Protection Agency, 17 million tons of textile waste ended up in landfills, accounting for 5.8 percent of all trash generated that year. - According to the World Resources Institute, it takes 2,700 liters of water to produce one cotton shirt. - Textiles can take up to 200+ years to decompose in landfills. Because our products are shipped directly from the manufacturer, we are already making a big contribution to protecting the environment. Accepting returns and the associated wasted clothing and additional emissions due to logistics would not align with our mission: a better world.