Terms and conditions

Terms and conditions of the e-Domotica shop
1. General

1.1 These general conditions apply to all offers by e-Domotica.com. e-Domotica is part of Cross Hardware BV, Industrieweg 18-14, 3846 BD Harderwijk, The Netherlands. The conditions are available to everyone and included on the website of e-Domotica.com. We will send you a written copy on request.

1.2 By placing an order you indicate that you agree to the delivery and payment terms and conditions. e-Domotica.com reserves the right to change these conditions before her delivery and / or conditions after the expiry of the term

1.3 Unless otherwise agreed, the general or specific terms or conditions of third parties will not be accepted by e-Domotica.com.

1.4 e-Domotica.com guarantees that the product meets the contract and meets the specifications listed in the offer.

2. Delivery

2.1 Delivery takes place while stocks last.

2.2 In the context of the rules of online shopping, e-Domotica.com perform orders within 30 days. If this is not possible (because the product is out of stock or no longer available), or there is another reasons for delay, or an order can not or is only partially carried out, consumers will receive within one month after placement of the order a message and he/she has the right to cancel the order, without costs and without notice.

2.3 The duty to deliver of e-Domotica.com will be presumed, are satisfied once the goods delivered by e-Domotica.com are offered to the customer. For home delivery extends the report of the carrier, alleging refusal of acceptance, the full proof of the offer to deliver.

2.4 All terms mentioned on the website are indicative. At the time limits are therefore not legally binding.

3. Prices

3.1 Prices are not raised within the duration of the offer, unless legal action is necessary or if the manufacturer changes price policies.

3.2 All prices on the site are subject to misprints. For the consequences of misprints no liability is accepted.

3.3 All prices on the site are in EURO and include 21% VAT.

4. Trial period / withdrawal

4.1 If it concerns a consumer purchase, under the Dutch Law for online shopping (Article 7:5 BW), the buyer has the right to return (part of) the goods within a period of 14 days without giving any reason. This period begins when the ordered goods are delivered. If the customer after this period has not returned the goods delivered to e-Domotica.com the purchase is a fact. The customer is obliged, before proceeding to return, to make e-Domotica.com within the period of 14 days after delivery of written notice. The customer must prove that the goods have been returned within those 14 days, for example by means of a proof of postal delivery. Return of goods must be in original packaging (including accessories and documentation) and in new condition. If the items are used, encumbered or damaged in any way be affected, the buyer loses the right to terminate the purchase under this paragraph. With regard to what is stipulated in the preceding sentence, e-Domotica.com ensures that after reception of the return, the full purchase price including shipping costs charged to the customer will be refunded within 30 days. The return of the delivered goods is entirely at the expense and risk of the buyer.

4.2 The right of rescission, as described in the preceding paragraph shall apply only to the goods and shall in no way relate to services, such as (phone) subscriptions offered by e-Domotica.com.

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 fourteen working days
• goods or services whose price depends on fluctuations in the financial market, which the supplier has no influence
• goods made to the consumer's specifications are made, including customized or clearly personalized character
• 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 e-Domotica.com, your data will be stored in the customer base of e-Domotica.com. e-Domotica.com adheres to the Data Protection Act and will not provide your information to third parties. See our Privacy Policy.

5.2 e-Domotica.com respects the privacy of the users of the website and ensures confidentiality of your personal information.

5.3 e-Domotica.com sometimes makes use of a mailing list. Each mailing includes instructions to remove your emailaddress from this list.

6. Warranty

6.1 e-Domotica.com guarantees that the delivered products meet the requirements of usability, reliability and durability as reasonably intended by the parties to the contract and therefore is responsible for the manufacturer of the product delivered to you.

6.2 The warranty e-Domotica.com corresponds to the factory warranty. However, e-Domotica.com is never responsible for the final suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.

6.3 The customer is obliged to check upon receipt the delivered goods immediately. If it appears that the delivered is wrong, inadequate or incomplete, then the customer (before proceeding to return to e-Domotica.com) immediately contacts in writing to e-Domotica.com these deficiencies. Any defects or faulty goods should and can be up to 2 weeks after delivery to e-Domotica.com be reported in writing. Return of goods must be in original packaging (including accessories and documentation) and in new condition. Operation after detection of failure, damage occurring after detection of failure, encumbrance and / or sale after detection of failure, ends the right to claim and return entirely.

6.4 If complaints of the customer are found valid, e-Domotica.com will at its option replace the goods free of charge or arrange with the client a written scheme of compensation, provided that the liability of e-Domotica.com and therefore the amount of damages is limited to a maximum of the invoice amount of the goods concerned, or (at the option of e-Domotica.com) to the maximum amount covered by the insurance of e-Domotica.com. Any liability of e-Domotica.com for any other form of damage is excluded, including additional compensation in any form whatsoever, indirect or consequential damages or damages for lost profits.

6.5 e-Domotica.com is not liable for damage caused intentionally or equivalent recklessness of non-managerial staff.

6.6 This warranty does not apply if: A) and as long as the purchaser against e-Domotica.com is in default B) the customer the delivered goods themselves has repaired and / or modified or repaired by any third party. C) the goods supplied are exposed to abnormal conditions or otherwise careless handling or contrary to the packaging treated with the directions of e-Domotica.com and / or instructions, D) were defective in whole or in part the result of regulations the government has made or will make regarding the nature or quality of the materials used;

7. Offers

7.1 Offers are not binding, unless otherwise stated in the offer.

7.2 Upon acceptance of an offer by the buyer, e-Domotica.com reserves the right to accept the offer within 3 workdays or deviate of the offer.

7.3 Verbal agreements are bindiing only after an explicit and written acknowledgment by e-Domotica.com.

7.4 Offers of e-Domotica.com do not apply automatically to backorders.

7.5 e-Domotica.com can not be held responsible to the offer if the customer should understand that the offer or any part was an obvious mistake or writing error.

7.6 Offers are alwyas valid as long as stocks last.

7.7 Additions, modifications and / or further agreements are only valid if agreed in writing.

8. Agreement

8.1 An agreement between e-Domotica.com and a customer is established after an order by e-Domotica.com feasibility is assessed.

8.2 e-Domotica.com reserves the right, without giving any reason not to accept orders or contracts, or to accept the condition that the shipment takes delivery or prepayment only.

9. Images and specifications

9.1 All illustrations, photographs, drawings, etc., eg data concerning weight, dimensions, colors, graphics, labels, etc. on the website of e-Domotica.com are only approximate, are indicative and may not lead to damages or dissolution of the agreement.

10. Odds

10.1 e-Domotica.com 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 at her ristk. Delay or failure by our suppliers, disruptions in the Internet, disruptions in the electricity failures in e-mail traffic and disturbances or changes in third party technology, transport difficulties, strikes, government measures, delays in supply, omissions of suppliers and / or manufacturers of e-Domotica.com as well as from individuals, disease, defects in or shipment tools count explicitly as force majeure.

10.3 e-Domotica.com reserves in case of force majeure the right to suspend its obligations and is entitled to dissolve or to demand that the content of the agreement is amended so that execution can continue the contract in whole or in part . In no event shall e-Domotica.com obliged to pay any penalty or damage costs.

10.4 If e-Domotica.com has partially done its obligations or partially can do its obligation on the occation of force majeure, she is entitled to invoice the already delivered part or only the part able to be delivered if it were a seperate contract. This does not apply if the delivered part has no independent value.

11. Liability

11.1 e-Domotica.com is not liable for damage to occur to vehicles or other property caused by improper use of the products. Read the instructions on the packaging and / or consult our website.

11.2 e-Domotica.com is not liable for consequential damages arising from a defective product. Our liability shall never exceed the purchase amount.

11.3 e-Domotica.com disclaims all liability when a product is modified or adapted by the end user. If in doubt, we ask you to contact e-Domotica.com by phone, letter or e-mail.

12. Retention

12.1 Ownership of all products sold by e-Domotica.com to the customer and delivered by e-Domotica.com stays at e-Domotica.com if the customer has not paid the claims of e-Domotica.com under the agreement or prior or subsequent similar agreements as long as the customer has not fulfilled the work performed or to be performed under these or similar agreements as long as the buyer's claims e-Domotica.com for failure to fulfill such commitments have not been met, including claims in respect of penalties, interest and costs, all as provided for in Article 3:92 BW.

12.2 The goods delivered by e-Domotica.com falling under the retention of title may only be in the context of normal business activities and must never be used as payment.

12.3 The customer is not entitled to pledge or otherwise encumber. The goods falling under the retention of title

12.4 The customer gives unconditional and irrevocable permission to e-Domotica.com, or to appoint a third party by e-Domotica.com, in all cases where e-Domotica.com wants to exercise her ownership, to enter those places where all her property is then located and take it away.

12.5 If third parties seize goods delivered subject to retention of title or rights to establish or exercise, the customer is obliged to inform e-Domotica.com as soon as possible.

12.6 The customer is obliged to insure the goods delivered subject to retention to keep them insured against fire, explosion, water damage and also theft and to give upon request the insurance policy to e-Domotica.com for inspection.

13. Applicable law / jurisdiction

13.1 All agreements are subject to Dutch law.

13.2 Disputes arising from any agreement between e-Domotica.com and the customer, which cannot be resolved by mutual agreement, will be taken over by the competent court withint the district Zutphen, unless e-Domotica.com prefers to hand over the dispute to the competent court of the domicile of the buywer, and with exception of those disputes that fall under the jurisdiction of a magistrate.

Last update: May 23rd, 2017

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