Terms and Conditions –ERM = CC Holding BV Easyrotimaker.com
Terms and Conditions
2016
1.0
1.1 These terms and conditions apply to all offers of ERM CC Int.Investments The conditions are accessible to everyone and included on the website of ERM ( Easy-rotimaker.com)
1.2 By placing an order you acknowledge that you agree to these terms and conditions. ERM CC Int.Investments reserves the right to change its terms and / or conditions after the expiry of the term.
1.3 Unless otherwise agreed, the general or specific terms or conditions of third parties are not recognized by ERM CC Int.Investments
ERM CC Int.Investments:
1.4 guarantees that the delivered product meets the contract and meets the specifications listed in the offer.
2.0 Delivery
2.1 Delivery takes place while supplies last.*
2.2 Under the rules of distance selling ERM CC Int.Investments will deliver orders within 30-45 days. If this is not possible (because the ordered is out of stock or no longer available in Asia ), or there is another reason for delay (transport/shipping) or an order can not or only partially be delivered, then within one month after placing and paying for the actual order, the consumer receives a notification of delay message and in that case he/she is entitled to cancel the order without penalty.*
2.3 The supply-delivery obligations of ERM CC Int.Investments , subject to proof, are satisfied once the delivered goods are offered/delivered to the customer by ERM CC Int.Investments . For home delivery extends the report of the carrier, alleging refusal of acceptance, full proof of the offer to deliver is available.
2.4 All data formentioned on this website is indicative.* The time limits may therefore not be legally binding.\
3.0 PRICE
3.1 Prices will not be increased within the duration of the offer, unless any legal action is necessary or f.e. if the manufacturer’s interim price increases*.
3.2 All prices on the site are subject to misprints. For the consequences of misprints no liability is accepted by ERM CC Int.Investments .
3.3 All prices on the site are in Euro’s and/or may reflect USD $ rates and include 21% VAT.
4.0 Viewing period / right of withdrawal
Viewing period / right of withdrawal
4.1 If there is a consumer purchase, under the Act on Distance (Dutch Civil Code 7: 5 BW**), the buyer has the right to return (part of) the goods within a period of 7 days without giving a reason. This period begins when the ordered goods are delivered. If the customer after this period has not returned the delivered product to ERM CC Int.Investments than the purchase is a fact. The customer is obliged, before proceeding to return accordingly within the period of 7 days after delivery tos end a written registered* only notice to ERM CC Int.Investments. The customer must prove that the goods are returned on time, for example through a proof of mail delivery. Return of Goods must be in original packaging (including accessories and documentation) and in mint * unused condition. If the goods are used in, encumbered or damaged in any way, the right to terminate under this paragraph is a fact.
With regard to what is stipulated in the preceding sentence, ERM CC Int.Investments will ensure that within 30 -45 days after reception of the return of the product, the full purchase price excluding shipping costs will be refunded to the customer. The return of the goods delivered is the sole responsibility and risk of the buyer.*
4.2 The right of Rescission (the unwinding of a transaction), as described in the preceding paragraph, covers only the goods and will relate to services in any way.
4.3 The right of withdrawal does not apply to:
services where performance, with the consent of the consumer, has begun for the period of 14 days, goods or services price are dependent on fluctuations in the financial market, which the supplier has no influence on or goods made to the consumer’s specifications, such as custom, or have a clearly * exclusive personal character.
5.0 Data management
5.1 If you place an order with ERM CC Int.Investments your data will be included in the customer base of ERM CC Int.Investments and we adhere to the Data Protection Act and will not provide your information to third parties. See our Privacy Policy as well please.*
5.2 ERM CC Int.Investments respects the privacy of the users of the website and ensures confidentiality of your personal information.
5.3 ERM CC Int.Investments sometimes makes use of a mailing list. Each mailing includes clear instructions to remove yourself from this list.
6.0 warranty
6.1 ERM CC Int.Investments guarantees that the delivered product meets the requirements of usability, reliability and durability as intended by the parties to the contract and Dutch ACM authorities and are in line with EU guidelines .
6.2 The warranty ERM CC Int.Investments gets from the manufacturer’s standard warranty period is one year (12 months), next tot that (conforming a.o. and adhering to Dutch ACM rules < www.acm.nl> )a guarantee period of another year shall be guaranteed* even after this period ERM CC Int.Investments shall be handling possible returns* guaranteeing pro consumer rights.
However, ERM CC Int.Investments is never responsible* in any form for the ultimate fitness/condition of the product for each individual application by the customer, nor for any advice concerning the mis-use or wrong application of the actual good.*
6.3 The customer is obliged to check the delivered goods immediately upon receipt. Should the goods have been delivered wrong, damaged, inadequate or incomplete, the customer (before proceeding to return to ERM CC Int.Investments has to immediately report these defects in* registered writing only to ERM CC Int.Investments. Any submitted defects or faulty goods and appearance is to be reported within 14 days of delivering in registered writing*only to ERM CC Int.Investments. Return of the goods must only be in an undamaged original ERM packaging (including all accessories and documentation) and the actual ERmaker must be unused and in a good condition.* Initial operation after detection of failure, damage occurring after detection of failure, encumbrance and / or resale after detection of failure, makes the right to claim and return 100% void.* Any misuse shall be litigated against by ERM CC Int.Investments.*
6.4 If the customer complaints are found justified by ERM CC Int.Investments, ERM CC Int.Investments will at it’s option either deliver a free replacement or shall propose to the client a written scheme for product -compensation, provided that the liability of ERM CC Int.Investments and therefore the amount of compensation shall be limited* to a maximum of the invoice amount of the relevant good, (by discretion of ERM CC Int.Investments and limited by the maximum amount covered by the liability insurance of ERM CC Int.Investments. Any liability of ERM CC Int.Investments , for any other form of damage, including additional compensation in any form whatsoever, compensation for indirect or consequential damages or damages for lost profits , is restricted by the liability insurance of ERM CC Int.Investments
6.5 ERM CC Int.Investments is not *liable for damages caused intentionally or equivalent deliberate recklessness by the user in using the product , Manual conditions are always to be read before us of the ERmaker.*
6.6 This warranty does not apply if: A) and as long as the purchaser against ERM CC Int.Investments is in default; B) the customer has repaired the delivered goods themselves and / or processed or is repaired by a third party that has repaired/molested/opened/forced.* C) the delivered goods have been exposed to abnormal conditions or otherwise reckless (intentional) careless handling or contrary to the instructions of ERM CC Int.Investments and / or instructions on the Factory packaging; D) were defective in whole or in part the result of regulations that the Dutch Government has made or will make regarding the nature or quality of the materials used/ ERMaker;
7.0 Deals
7.1 Offers are not binding unless otherwise stated in the offer.
7.2 Upon acceptance of an offer by the buyer ERM CC Int.Investments retains to revoke or deviate from the rights to the/any offer(s) within 3 working days after receipt of such acceptance.*
7.3 Verbal agreements by ERM CC Int.Investments are valid only after an explicit and written acknowledgment by the Management , signed and in writing ( never per e-mail/facebook or sms/w-app).
7.4 Offers of ERM CC Int.Investments do not/never automatically apply to repeat orders.
7.5 ERM CC Int.Investments can not be held to its offer if the customer should have understood that the offer – or contain any part thereof- is an obvious mistake or error.*
7.6 Additions, modifications and / or further agreements are effective only if agreed in writing.
8.0 Agreement
8.1 An agreement between ERM CC Int.Investments and a customer can only exist after an online order is assessed and approved by ERM CC Int.Investments.
8.2 ERM CC Int.Investments reserves the right not to accept (without giving reasons) any orders or contracts or only to accept the condition that the / a cash on delivery or prepayment is required.
9.0 Images and specifications
9.1 All images; photographs, drawings, etc .; inter alia, information on weights, dimensions, colors, graphics, labels, etc. on the website of ERM CC Int.Investments are only approximate, are indicative and may not lead to damages or rescission of the contract.
10.0 Odds
10.1 I ERM CC Int.Investments is not liable * if and when she can not be fulfilled due to force majeure.
10.2 Force majeure means any strange reason, and any circumstance, which ought not to come for ERM CC Int.Investments / on her expenses in all fairness. Delay or failure by our suppliers abroad and in Holland , disruptions in the Internet, disruptions in the electricity failures in e-mail traffic and disturbances or changes in any third party technology, By Air and/or by Sea transport problems, strikes, government measures, supply delay, negligence by suppliers and / Asian/worldwide manufacturers as well as from individuals, disease, defects in appliance or shipment tools count explicitly as force majeure.
10.3 ERM CC Int.Investments reserves the right to suspend the right to its obligations in the event of force majeure and is also entitled to terminate the contract in whole or in part, or to claim that the content of the agreement is amended so as execution remains possible. In no event shall ERM CC Int.Investments be obliged to pay any penalty or damages.*
10.4 If ERM CC Int.Investments has – to the force majeure- already partially fulfilled its obligations, or can only partially fulfill its obligations, ERM CC Int.Investments is entitled to invoice the deliverable part separately( already delivered f.e. ) and the customer is obliged to pay this invoice as if it were a separate contract. This does not apply if the already delivered c.q. deliverables/product has no independent value.
11.0 Liability
11.1 ERM CC Int.Investments is not liable for damage to vehicles/kitchens/persons/ etc. or other property caused by improper use of the products. Before use, read the manual instructions on the packaging and / or consult our website beforehand. By paying and receiving the product, buyer acknowledges and accepts these terms and conditions.
12.0 Retention
12.1 Ownership of all ERM CC Int.Investments products remains on the customer sold and delivered list as long as the customer has not paid the claims of ERM CC Int.Investments under the agreement or prior or subsequent similar agreements as long as the buyer has to carry out the work or still performed under these or similar agreements have not been met and as long as the buyer has not been paid in full. The ERM CC Int.Investments claims have not yet met in the fulfillment of such obligations, including claims relating to penalties, interest and costs, all as provided in Article 3:92 BW Dutch Civil Code.
12.2 The goods delivered by ERM CC Int.Investments falling under the retention of title may only be part of normal business activities and must never be used as payment.
12.3 The customer is not entitled to pledge under the reservation of ownership or otherwise encumber.
12.4 The customer gives unconditional and irrevocable permission to ERM CC Int.Investments to appoint third parties, in all cases to reclaim property to exercise claims to retrieve , all those sites and locations where its property is then located .
12.5 If third parties seize the wish to establish or assert goods delivered under retention of title or rights, the customer is obliged to inform ERM CC Int.Investments as soon as reasonably may be.*
12.6 The customer is obliged to insure the goods delivered under retention of title and keep them insured against fire, explosion and water damage and theft and the policy of this insurance on first request to ERM CC Int.Investments
13.0 Returns
13.1 Upon the return of the product ordered, a maximum delay period of 10 days is allowed.
13.2 The customer must return the product ordered online within an initial period of 14 days. After this period no claim is valid to be made concerning a possible refund of the amount paid. Returning the product is not possible after this period.*
14.0 Applicable law / jurisdiction
14.1 All agreements are subject to Dutch Law , only.
14.2 Disputes arising from an agreement between ERM CC Int.Investments and consumer, that can not be solved by mutual agreement or mediation by ERM CC Int.Investments, the competent court within the district of The Hague is appointed, unless ERM CC Int.Investments prefers to submit the dispute to the competent court of the domicile of the buyer in the Netherlands. International disputes are subject to Dutch law as well.
*reserved under all rights and claims by/of ERM CC Int.Investments.
Definitions additional:
In these conditions apply:*
Supplementary Agreement means an agreement whereby the consumer ERM (Easy Roti Maker) products, digital content and / or services acquired in connection with a distance contract and these goods, digital content and / or services are provided by the trader or by a third party on the basis of an arrangement between that third party and the trader;
Grace period: The period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is acting for purposes relating to his trade, business, craft or profession;
Day: calendar day;
Digital content means data which are produced and supplied in digital form;
Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content for a certain period;
Durable medium: any device – including also e-mail – that the consumer or business that enables information to him personally, store in a way that future consultation or use for a period appropriate to the purpose for which it was intended, and which allows the unchanged reproduction of the information stored;
Right of withdrawal: the ability of the consumer to see within the waiting period of the contract;
Entrepreneur: the natural or legal products (in this case sec ERM), (access) digital content and / or remote services to the consumer offering;
Distance contract: an agreement to be concluded within the framework of an organized system for distance selling of goods, digital content and / or services, up to and including the conclusion of the contract made solely or partly use between the trader and the consumer is one or more means of distance communication;
Model withdrawal form: the European model withdrawal form set out in Appendix I of these conditions. Annex I need not be made available to the consumers in respect of the order has no right of withdrawal; in this case on ERM
Technology for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur have to be together in the same room.
Identity of the entrepreneur:
CC HOLDING BV INTERNATIONAL INVESTMENTS
World Trade Centre Amsterdam
H-Tower
Zuidplein 36
1077 XV
Amsterdam / Netherlands
Email: info@easy-rotimaker.com
Chamber of Commerce 60374810
VAT NL853882137B01
RSIN / Fi-No. 853882137
ING GB19 INGB 000 3.73961 million
Applicability:
These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.
Before the contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, the trader will before the contract is concluded, indicate how to see the general conditions for the entrepreneur and that they be sent free of charge as soon as possible, at the request of the consumer.
If the contract is concluded electronically away, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made electronically available to the consumer in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the contract is concluded, indicated where the general conditions can be viewed electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise or before settlement of transactions still occur read and approved will be consumers, or at its discretion or are waive the transaction (s).
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him is.
The offer:
If an offer has a limited duration or subject (special) conditions, this will be explicitly stated in the offer. The offer contains a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses these images are a truthful representation of the products, services and / or digital content, in this case there’s just one specific product concerns also deliver the product. Obvious mistakes or obvious errors * in the offer bind the entrepreneur not, ERM model may vary depending on supplies from various vendors from Abroad cause so.
Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer.
The contract:
The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions. The entrepreneur can within the law – inform the consumer’s ability to meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation, has sound reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special execution (price) and terms of delivery. The entrepreneur will look upon delivery of the product, service or digital content to the consumer the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, send:
it (visit) in this case corr.adres concerning the establishment of the business where the consumer can lodge complaints; the conditions under which and the manner in which the right of withdrawal consumer can be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
information on guarantees and after sales 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 contract;
- all rights reserved 2016