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General Terms and Conditions of Ettys Store, located in Westerlee (GN).
1. General
1.1 These general terms and conditions apply to all offers from Ettys Store. The terms and conditions are accessible to everyone and are included on the Ettys Store website. We will send you a written copy upon request.
1.2 By placing an order, you agree to the delivery and payment terms. Ettys Store reserves the right to change its delivery and/or payment terms after the expiry of the term.
1.3 Unless otherwise agreed in writing, Ettys Store does not recognize the general or specific terms or conditions of third parties.
1.4 Ettys Store guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2. Delivery
2.1 Delivery will take place while supplies last.
2.2 In accordance with the rules of distance selling, Ettys Store will fulfill orders within at least 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be fulfilled or can only be partially fulfilled, the consumer will receive notification within one month of placing the order and will then have the right to cancel the order without charge and without notice of default.
2.3 Ettys Store's delivery obligation will be fulfilled, subject to proof to the contrary, once the goods delivered by Ettys Store have been offered to the customer once. In the case of home delivery, the carrier's report, including the refusal of acceptance, serves as full proof of the offer to deliver.
2.4 All delivery times stated on the website are indicative. Therefore, no rights can be derived from the stated terms.
3. Prices
3.1 Prices will not be increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors.
3.3 All prices on the site are in euros and include 21% VAT.
4. Inspection Period / Right of Withdrawal
4.1 In the case of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the buyer has the right to return (part of) the delivered goods within a period of 14 days without giving a reason. This period begins when the ordered goods are delivered. If the buyer has not returned the delivered items to Ettys Store after this period, the purchase is finalized. Before returning the items, the buyer is obligated to notify Ettys Store in writing within 14 days of delivery. The buyer must prove that the delivered items were returned on time, for example, by providing proof of postal delivery. Items must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. If the items have been used, encumbered, or damaged in any way by the buyer, the right of withdrawal as defined in this clause shall lapse. Subject to the provisions of the previous sentence, Ettys Store will ensure that the full purchase price, including the calculated shipping costs, is refunded to the buyer within 30 days of receipt of the returned item. The return of delivered goods is entirely at the expense and risk of the consumer.
4.2 The right of withdrawal, as described in the previous paragraph, only applies to delivered goods and will in no case apply to services.
4.3 The right of withdrawal does not apply to:
- services whose performance, with the consumer's consent, has begun before the term of seven working days
- goods or services whose price is subject to fluctuations in the financial market over which the supplier has no influence
- goods that have been manufactured according to the consumer's specifications, for example custom-made goods, or that have a clearly personal character
- for goods or services that cannot be returned by their nature, for example due to Hygiene or that can quickly spoil or age.
- Audio and video recordings and computer software of which the consumer has broken the seal.
5. Data Management
5.1 If you place an order with Ettys Store, your data will be included in the Ettys customer database. Store. Ettys Store complies with the Personal Data Protection Act and will not provide your information to third parties. See our Privacy Policy.
5.2 Ettys Store respects the privacy of its website users and ensures that your personal information is treated confidentially.
5.3 In some cases, Ettys Store uses a mailing list. Each mailing contains instructions for removing yourself from this list.
6. Warranty
6.1 Ettys Store guarantees that the products it supplies meet the requirements of usability, reliability, and lifespan as reasonably intended by the parties to the purchase agreement, and therefore guarantees the manufacturer's warranty for the product supplied to you.
6.2 The Ettys Store warranty period corresponds to the manufacturer's warranty period. However, Ettys Store is never responsible for the ultimate suitability of the goods for each individual application by the buyer, nor for any advice regarding the use or application of the goods. 6.3 The buyer is obligated to immediately inspect the delivered goods upon receipt. If the delivered goods appear to be incorrect, defective, or incomplete, the buyer must immediately report these defects to Ettys Store in writing (before returning them to Ettys Store). Any defects or incorrectly delivered goods must and can be reported to Ettys Store in writing no later than two months after delivery. Returned goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. Use after discovery of a defect, damage occurring after discovery of a defect, encumberment and/or resale after discovery of a defect, completely forfeits the right to complain and return.
6.4 If Ettys Store finds the customer's complaints to be justified, Ettys Store will, at its discretion, either replace the delivered goods free of charge or make a written arrangement with the customer regarding compensation, with the understanding that Ettys Store's liability and therefore the amount of compensation is always limited to a maximum of the invoice amount of the goods in question, or (at Ettys Store's discretion) to the maximum amount covered by Ettys Store's liability insurance in the relevant case. Ettys Store excludes all liability for any other form of damage, including additional compensation in any form whatsoever, compensation for indirect or consequential damage, or damage due to lost profits.
6.5 Ettys Store is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial staff.
6.6 This warranty does not apply if: A) and as long as the customer is in default towards Ettys Store; B) the customer has repaired and/or modified the delivered goods themselves or has had them repaired and/or modified by third parties; C) the delivered goods have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of Ettys Store and/or the instructions for use on the packaging; D) the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used;
7. Offers
7.1 Offers are non-binding, unless otherwise stated in the offer.
7.2 If the buyer accepts a non-binding offer, Ettys Store reserves the right to revoke or deviate from the offer within 3 business days of receipt of such acceptance.
7.3 Verbal commitments are only binding on Ettys Store after they have been expressly confirmed in writing.
7.4 Offers from Ettys Store do not automatically apply to repeat orders.
7.5 Ettys Store cannot be held to its offer if the buyer should have understood that the offer, or a part thereof, contained an obvious error or typographical error.
7.6 Additions, changes, and/or further agreements are only valid if agreed upon in writing.
8. Agreement
8.1 An agreement between Ettys Store and a customer is concluded after Ettys Store has assessed the feasibility of an order.
8.2 Ettys Store reserves the right to refuse orders or assignments without giving reasons, or to accept them only on the condition that shipment is made cash on delivery or after advance payment.
9. Images and Specifications
9.1 All images; photos, drawings All information on the Ettys Store website, including weights, dimensions, colours, images of labels, etc., is approximate and cannot give rise to compensation or termination of the agreement.
10. Force Majeure
10.1 Ettys Store shall not be liable if and to the extent that its obligations cannot be fulfilled due to force majeure.
10.2 Force majeure shall be understood to mean any external cause, as well as any circumstance which in all reasonableness should not be at its risk. Delays or non-performance by our suppliers, internet disruptions, power outages, email disruptions, and disruptions or changes to technology supplied by third parties, transportation difficulties, strikes, government measures, supply delays, negligence by suppliers and/or manufacturers of Ettys Store or their assistants, employee illness, and defects in auxiliary equipment or means of transport are expressly considered force majeure.
10.3 In the event of force majeure, Ettys Store reserves the right to suspend its obligations and is also entitled to terminate the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that performance remains possible. Under no circumstances is Ettys Store obligated to pay any fine or compensation.
10.4 If, upon the commencement of the force majeure, Ettys Store has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice separately for the part already delivered or the part that can be delivered, and the customer is obligated to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or the part that can be delivered has no independent value.
11. Liability
11.1 Ettys Store is not liable for damage to vehicles or other objects caused by incorrect use of the products. Before use, read the instructions on the packaging and/or consult our website.
12. Retention of Title
12.1 Ownership of all items sold and delivered by Ettys Store to the buyer remains with Ettys Store as long as the buyer has not paid Ettys Store's claims under the agreement or previous or subsequent similar agreements, as long as the buyer has not paid for the work performed or yet to be performed under this or similar agreements, and as long as the buyer has not paid Ettys Store's claims for failure to fulfill such obligations, including claims for fines, interest, and costs, all as referred to in Article 3:92 of the Dutch Civil Code.
12.2 The items delivered by Ettys Store that are subject to the retention of title may only be resold in the course of normal business operations and may never be used as a means of payment.
12.3 The buyer is not authorized to pledge the items subject to the retention of title or to use them in any other way. manner.
12.4 The buyer hereby grants unconditional and irrevocable permission to Ettys Store or a third party to be appointed by Ettys Store to enter all places where its property will be located and to remove those items in all cases in which Ettys Store wishes to exercise its ownership rights.
12.5 If third parties seize the items delivered under retention of title or wish to establish or assert rights thereto, the buyer is obliged to inform Ettys Store thereof as soon as may reasonably be expected.
12.6 The buyer undertakes to insure the items delivered under retention of title and to keep them insured against fire, explosion and water damage, as well as against theft, and to make the policy of this insurance available for inspection to Ettys Store upon first request.
13. Applicable law/competent court
13.1 All agreements are governed by Dutch law.
13.2 Disputes arising from an agreement between Ettys Store and the buyer that cannot be resolved by mutual agreement will be submitted to the competent court within the district of GRONINGEN, unless Ettys Store prefers to submit the dispute to the competent court of the buyer's place of residence, and with the exception of those disputes that fall within the jurisdiction of the subdistrict court.
Ettys Store
www.ettys.com
Chamber of Commerce (KvK): 02092025 / VAT: NL001440458B98
Bikkershorn 13
9678RH – Westerlee (GN)
The Netherlands