Terms and conditions
GENERAL TERMS AND CONDITIONS
SALE OF PRODUCTS
Article 1 - General
1.1. By placing an order on the website www.ecobirdy.com (same to www.ecobirdy.eu) or through e-mail, you (you or the Buyer), enter into an agreement with us for the purchase of products (the Products) to which these general terms and conditions (GTC) apply.
1.2. The company behind ecoBirdy (the registered trade mark) and the website www.ecobirdy.com is VANBRIEL YUAN BVBA, a limited liability company organized and existing under the laws of Belgium, with registered office at Riemstraat 10, 2000 Antwerp, Belgium and with company number BE0806.697.134. For ease of reference, we will refer to ourselves as us, we, ecoBirdy or the Seller throughout these GTC. If you want to reach us in connection with your order, you can write to us at our address in Antwerp or contact us through e-mail info@ecoBirdy.com. You can also call us at the number indicated on our website.
1.3. These GTC apply to both professional buyers and consumers. For the purpose of these GTC, a consumer is defined as any individual acting for purposes falling outside the scope of his/her professional activities. If the Buyer is a professional buyer, the Buyer’s general terms and conditions are expressly excluded, even if they are sent at a later date.
Article 2 –Price, Invoice and Payment
2.1. Regardless of any prices or promotions you may have seen on the ecoBirdy website or in our catalogues at any given time, the prices are those (i) as advertised on the website at the time of placing your order, or those (ii) as agreed between you and us via e-mail.
2.2. Unless explicitly indicated otherwise, all prices are in EUR and inclusive of Belgian VAT and recupel tax. Prices are not inclusive of delivery costs. The delivery costs are indicated separately while going through the order process, and vary depending on the country to which the Products have to be shipped and on the shipping method you choose.
2.3. When ordering Products for delivery outside of Belgium, you may be subject to import duties and taxes, which are levied once the Products reach the destination specified by you and which cannot be predicted by us. Any charges for customs clearance must be borne by you. We are not responsible for delays in the delivery or for extra storage costs which are caused by a failure to pay the import duties and taxes which are due by you or by a failure to perform any of the other applicable customs clearance requirements. If the Products are returned to us because of your failure to comply with customs clearance requirements, you will be charged with the costs for such return and you will also have to bear the costs of a new delivery.
2.4. In case of an order through our website, payment for the Products must be made be made online by credit or debit card, through any payment platform made available on our website. Payments are immediately due and payable upon placing the order and no shipment will be made without prior payment of the Products. In case of an order agreed by e-mail, payment for the Products may be made by wire transfer on the account number indicated by us. If we haven’t received your payment within 14 days after we have agreed to your order, we will consider the order cancelled. In any case, we will not ship the Products to you without prior payment. If a payment which you authorized when placing the order is cancelled subsequently, all costs and expenses we incur in collecting overdue payments (including, without limitation, reasonable attorney’s fees, court costs and other expenses of litigation) are for your account. The delivered Products entirely and exclusively remain our property until complete payment of the Products (in principal sum, costs and interests).
2.5. You may request a sales invoice, which will be delivered to you in electronic form.
Article 3 – Personal data provided by you when placing an order or otherwise
3.1. Upon placing your order, you will be asked to provide us with personal data such as your name, address, e-mail address, telephone number and other personal data which we need to execute our agreement with you. The basis for the processing of this information will be the contract you enter into with us when placing your order. We will keep this information for a maximum period of 10 years, unless if you ask us to delete such information earlier (see Clause 3.4). However, we will in any case have to keep such information for as long as we need it to be able to execute our contract with you, or for as long as legally required (for example: we legally need to keep invoice information for a period of 7 years).
3.2. We may also use the personal data you provide us with for promotional or marketing purposes. For example, to inform you about a new product we have developed and that may be of interest to you. If you do not wish to be contacted for commercial purposes, please notify us on the following address: email@example.com.
3.3. If you have subscribed to our electronic newsletter, you can always indicate you want to stop receiving newsletters by following the unsubscribe instruction which you can find at the bottom of each newsletter.
3.4. You may request us to send you a summary of the personal data processed about you. If you feel that your personal data have been processed incorrectly or incompletely, or if you feel that such processing was unnecessary, then you also can ask us to edit, supplement or erase your personal data from our databases. Under the applicable privacy legislation you also have the right to restrict processing, the right to data portability and the right to object to processing. If you want to exercise your privacy rights, you can contact us by e-mail on firstname.lastname@example.org. To ensure we can verify you are who you say we are, we may ask you to send us a copy of your identity card. We will do our best to answer all your privacy queries as soon as possible and we will in any case get back to you within 30 days. We hope that won’t be the case, but if you do feel unhappy about how we handle your privacy requests, you may of course always contact the Belgian data protection authorities.
Article 4 - Cancellation by consumers
4.1. If you are a consumer, you have a statutory cancellation right. You are allowed to cancel your order without giving any reason within 14 days from the day of delivery of the Products. You must inform us of your decision to cancel the order and may do so using the cancellation form provided at the end of these GTC.
4.2. In case of cancellation under this Clause, we will reimburse you for all payments we have received from you. However, if you chose a different means of delivery than the cheapest means of delivery offered by us, we will not reimburse you for the additional costs incurred as a result thereof.
4.3. In case of cancellation under this Clause after the Products have already been shipped to you, you must return the Products to us without delay and no later than 14 days from the date on which you notified us of cancelling your order. This deadline is deemed to be met if you send the Products following our return instructions before the expiry of the 14-day deadline (we may provide you with a shipping label which you have to apply to the return package, and with a pick-up time or similar instructions). We will wait to reimburse until (i) after having received back the Products, or until (ii) after having received proof that you sent back the Products in accordance with our return instructions, whichever event occurs first. The cost of returning the Products to us are for your own account and will not be paid by us. The estimated cost of return depends on a number of factors and cannot be precisely predicted but us, but a realistic estimate is: (i) within Europe: 50 EUR if the box size is below a total length of 200cm, and 100 EUR if the box size is above a total length of 200 cm, (ii) outside of Europe: (i) 200 EUR if the box size is below a total length of 200cm, and 300 EUR if the box size is above a total length of 200 cm. We may make a deduction from the reimbursement for (i) loss in value of the Products, if the loss is the result of unnecessary handling by you, or (ii) any additional costs incurred as a result of you not respecting our return shipping instructions.
4.4. In principle, we will use the same means of payment which you used to pay us for the initial transaction to reimburse you under this Clause, unless if you agree otherwise. In any event, you will not incur any fees as a result of any reimbursement under this Clause.
Article 5 - Liability
6.1. To the extent permitted by law, our liability for any and all claims for damages arising out of or in connection with the Products or their use, shall be limited to the sum of your payment for the Products that are the subject of the claim.
6.2. In addition, to the extent permitted by law, we shall only be liable for our willful misconduct and gross negligence, and only for those damages which are a direct and immediate result of the execution of our agreement. In no event shall we be liable for any indirect damages (including but not limited to lost revenue, lost profits or other consequential or incidental damages).
Article 7 - Delivery of the Products, risk and ownership
7.1. The risk passes to you (i) when you or a third party which you named takes delivery of the Products at the location indicated by us during the order process, or (ii) if we are responsible for shipping the Products to you, the risk in the Products remains with us until the Products have been delivered to you, unless if you name a third party or shipper who picks up the Products on your behalf, in which case the risk in the Products passes to you upon delivery of the Products to such a third party or shipper.
7.2. We will notify you of the delivery date and time of the Products as soon as reasonably practicable. If you or a third party named by you are responsible for picking up the Products, you must ensure that the Products are picked up at the agreed date and time. Any delay in picking up the Products may lead to warehouse costs being charged through to you. In any case, you must perform all necessary actions to ensure delivery can take place on the delivery date and time indicated by us, and are responsible for any costs incurred by us resulting from a failure to cooperate with the delivery. If you are absent when the Products are delivered to you, the parcel containing the Products might be relocated to a nearby service point of any third party carrier that we work with and you will have to pick up the parcel as indicated by the carrier (usually within 5 working days). If a parcel is returned to us because it has not been picked up by you, we will charge you with the extra costs for a new delivery. .
Article 8 – Inspection of the Products and warranty
8.1. The quality of our Products is checked carefully and manually before we deliver any Products to you. However, due to the unique production process of the Products with recycled plastic, small holes or imperfections can sometimes arise in the surface of the Products. Holes with a diameter of less than 5 mm shall at no time and in no event constitute a defect and the affected Products shall not be considered defective. Due to the use of recycled materials color differences may also occur and it is possible that the Products don’t look exactly the same as on any pictures of the Products on our website or elsewhere. This shall also not be considered a defect in the Products. Parts of the Products that are subject to wear and tear due to usage, batteries when provided, and wiring and electrical parts that do not have manufacturing faults can also not be considered defective.
8.2. Evidently, you must use the Products as any normal and diligent person would. Furniture that is described as a seat, table or lamp, must not be used for biting, licking, scratching, jumping on or off, “horseback” riding, or any other use that one would not normally make of the Product. Any defects caused by inappropriate use of the Products, will be your own responsibility and are not covered by any warranty.
8.2. You must inspect the Products upon delivery and must notify us of alleged defects in the Products in accordance with this clause:
- If you are a professional, you must notify any alleged defect to us by registered letter sent within five (5) business days after delivery of the Products for visible defects, or sent within five (5) business days after the date on which you have discovered or should reasonably have discovered the defect of the Products for invisible defects. We can only be held responsible for defective Products for a period of as of the delivery of the Products.
- If you are a consumer, you must notify any alleged defect to us by registered letter sent within two (2) months after delivery of the Products for visible defects, or sent within two (2) months after the date on which you have discovered or should reasonably have discovered the defect of the Products for invisible defects. We can only be held responsible for defective Products for a period of two years as of the delivery of the Products.
Any notification sent to us of an alleged defect must include photos and a clear description of the alleged defect, allowing us to verify your claims. We may also ask you to send back the Products which are allegedly defective so we can inspect them.
8.3. If you have notified us in accordance with these GTC of an alleged defect in the Products and provided that it is established that the Products are defective, we may choose to either repair or replace the Products or repay you the price paid for the Products. In addition, the following applies:
- If you are a professional Buyer, the repair or replacement of the Products or the repayment of the price shall be your sole remedy for defective Products. You are not entitled to claim any additional (in)direct damages.
- If you are a consumer, we shall always endeavor to repair or replace the Product to the extent that is reasonably possible and this clause shall be without prejudice to the consumer’s right to claim damages in accordance with the applicable law.
8.4. If you purchased any of our Products from a third party and are for whatever reason not happy with the Product, you should make a claim to that third party and not to us.
Article 9 – Various
9.1. You must keep in confidence any and all commercial, technical, business information and know-how which you acquire from us or through your use of the Products, and may not copy or reverse engineer the Products or their production process.
9.2. We do not in any way convey any license on or under any intellectual property right relating to the Products, their compositions and/or applications, the Seller’s logos, the mark ecoBirdy, marketing materials, website content, or any other information or documentation made available to you by us.
9.3. You may not pose as our agent or distributor without our consent. If you resell any of the Products purchased by you, you must in any case mention to the buyer that the Products are ecoBirdy Products and pass all information (such as user manuals and safety instructions) that we gave you when delivering the Product to the buyer.
9.4. If any provision of these GTC is held to be illegal, void, invalid or unenforceable under the laws of any jurisdiction, then the provision will be ineffective only to the extent of such unenforceability or invalidity, and this will not affect the legality, validity and enforceability of the remainder of the GTC in that jurisdiction. Furthermore, the legality, validity and enforceability of the whole of these GTC will not be affected in any other jurisdiction.
9.5. We generally will be glad if you post or print pictures of our Products on social or other media, but if do you mention our brand name together with such posts or pictures you have to ensure our brand name ecoBirdy is mentioned correctly. We reserve the right to ask you to remove any (social) media posts which we consider damaging to our brand or business, and we may claim damages if you damage our brand(s) or business.
Article 10 – Dispute resolution, applicable law and competent court
10.1. By means of this clause, we wish to explicitly inform consumers about the existence of the European online dispute resolution (ODR) platform. The ODR platform may in certain instances be used for the resolution of disputes outside of court, provided that the we either (i) are legally bound to submit disputes with consumers to an alternative dispute resolution entity (ADR entity) or (ii) we agree on a competent ADR entity. The ODR platform is available on the following link, where more information in relation to ODR and ADR can also be accessed: https://webgate.ec.europa.eu/odr/
10.2. All disputes in relation to your order and the Products shall be submitted to the exclusive jurisdiction of the competent courts of Antwerp, Belgium. However, if you are a consumer, you may in accordance with (European) consumer regulations also have the right to bring action before the courts of your residence.
MODEL FORM FOR CANCELLATION (only for consumers – not for professionals)
(Only fill out and return this form if you wish to cancel your order for the purchase of Products)
VANBRIEL YUAN BVBA
— I/We(*) inform you through this form that I/we (*) cancel our order/agreement for the purchase of the following Product(s):
— Ordered on (*)/Received on(*)Date……………………………………………………
— Reason of cancellation (if you want to tell)……………………………………………………………………………………………………………
— Name/ Last name of consumer(s)……………………………………………………………………………………………………………
— Address consumer(s)……………………………………………………………………………………………………………
— Telephone/Mobile number consumer(s)……………………………………………………………………………………………………………
— Date ……………………………………
— Consumer(s) signature(s)
(only required when this form is submitted in hardcopy)