Terms and conditions

Introduction

Below are our Terms and Conditions. These are always applicable if you use or place an order through our Website. The Terms and Conditions contains important information for you as a buyer. Read it carefully. We also recommend that you save or print these terms so that you can read them again at a later date.

Article 1. Definitions

1.1. Umutima BV: located in Nijbroek and registered with the Chamber of Commerce under registration number 78310385 trading under the name EVcreate.

1.2. Website: the website of Umutima / EVcreate, to be consulted via https://www.evcreate.nl and all associated subdomains.

1.3. Customer: the customer who, acting or not acting in pursuit of profession or business, enters into an Agreement with Umutima / EVcreate and/or has registered on the Website.

1.4. Agreement: any agreement or agreement between Umutima / EVcreate and Customer, of which the Terms and Conditions are an integral part.

1.5. General Terms and Conditions: these Terms and Conditions.

Article 2. Applicability Terms and Conditions

2.1. All offers, agreements and deliveries of Umutima / EVcreate are the Terms and Conditions, unless expressly agreed otherwise in writing.
2.2. If, in his order, confirmation or communication, the Customer adds terms or conditions that differ from, or do not appear in, the Terms and Conditions, they are binding on Umutima / EVcreate only if and to the extent that they have been expressly accepted in writing by Umutima / EVcreate.
2.3. In the event that specific product or service conditions apply in addition to these Terms and Conditions, those conditions also apply, but in the event of conflicting conditions, Customer may always rely on the applicable provision that is most favourable to him.

Article 3. Pricing and information

3.1. All prices listed on the Umutima/EVcreate website and in other materials listed on the Umutima /EVcreate are excluding VAT and, unless otherwise stated on the Website, other levies imposed by the government.
3.2. If shipping costs are charged, this will be clearly stated in time for the conclusion of the Agreement. In addition, these costs will be displayed separately in the ordering process.
3.3. The content of the Website has been compiled with the utmost care. However, Umutima / EVcreate cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials derived from Umutima / EVcreate are therefore subject to apparent programming and typing errors.
3.4. Umutima / EVcreate cannot be held responsible for (colour) deviations due to screen quality.

Article 4. Conclusion of Agreement

4.1. The Agreement is concluded at the time of the Customer’s acceptance of Umutima/EVcreate’s offer and compliance with the conditions set by Umutima / EVcreate.

4.2. If Customer has accepted the offer by electronic means, Umutima / EVcreate will immediately confirm the receipt of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to terminate the Agreement.

4.3. If it is found that incorrect information has been provided by Customer when accepting or otherwise entering into the Agreement, Umutima / EVcreate has the right to comply with its obligation only after the correct information has been received.

4.4. Umutima / EVcreate may inform itself within legal frameworks whether Customer can meet its payment obligations, but also of all the facts and factors that are important for a responsible entry into the Agreement. If, on the basis of this investigation, Umutima/ EVcreate has good grounds not to enter into the Agreement, he is entitled to refuse an order or application motivated or to attach special conditions, such as prepayment, to the execution.

Article 5. Registration

5.1. In order to make the most of the Website, Customer can register via the registration form/the account login option on the Website.

5.2. During the registration process, Customer chooses a username and password that allows him to log in to the Website after registration. Customer is responsible for choosing a sufficiently reliable password.

5.3. Customer must keep his login details, username and password strictly secret. Umutima/ EVcreate is not liable for misuse of the login details and may always assume that a Customer who signs up on the Website is actually that Customer. Everything that happens through customer’s account is the responsibility and risk of Customer.

5.4. If The Customer knows or suspects that his login details have come into the hands of unauthorized persons, he must change his password as soon as possible and/or inform Umutima/EVcreate so that Umutima/EVcreate can take appropriate action.

Article 6. Implementation Agreement

6.1. As soon as the order has been received by Umutima/ EVcreate, Umutima/ EVcreate shall forward the products as soon as possible, in accordance with the provisions of paragraph 3 of this Article.

6.2. Umutima/ EVcreate is entitled to engage third parties in the performance of the obligations arising from the Agreement.

6.3. On the Website it is clearly stated, in time for the conclusion of the Agreement, how delivery will take place and within what time frame the products will be delivered. If no delivery period has been agreed or stated, products will be delivered within 30 days.

6.4. If Umutima / EVcreate cannot deliver the products within the agreed time limit, it will inform The Customer thereof. In that case, the customer can agree to a new delivery date or he will have the option to terminate the Agreement free of charge.

6.5. Umutima/ EVcreate advises Customer to inspect the delivered products and report the defects that have been identified within a competent time, preferably in writing. See the Article on warranty and conformity.

6.6. Once the products to be delivered to the specified delivery address have been delivered, the risk, in the case of these products, is transferred to Customer. If explicitly otherwise agreed, the risk will be transferred to Customer before. If Customer decides to collect the products, the risk passes when the products are transferred.

6.7. Umutima / EVcreate is entitled to supply a similar product of similar quality as the ordered product, if the order is no longer available. The customer is then entitled to terminate the Agreement free of charge.

Article 7. Right of withdrawal

7.1. This article applies only to the Customer being a natural person who does not act in the pursuit of his profession or business.

7.2. Customer has the right to terminate the distance agreement with Umutima / EVcreate free of charge within 14 days of receipt of the product, without giving reasons.

7.3. The period shall start on the day after the Customer, or a third party designated in advance, who is not the carrier, has received the product, or:

  • if Customer has ordered several products in the same order: the day on which Customer, or a third party designated by him, received the last product;
  • if the delivery of a product consists of several consignments or parts: the day on which The Customer, or a third party designated by him, received the last consignment or the last part;
  • in the case of regular supply agreements for a specified period of time: the day on which The Customer, or a third party designated by him, received the first product.

7.4. Customer must bear the return costs themselves, if these costs are higher than the regular postal rate, Umutima / EVcreate will give an estimate of these costs. The shipping costs incurred by Customer when purchasing the product are not included in the cost of returns and will remain at customer’s own expense.

7.5. Within the withdrawal period referred to in paragraph 1, Customer will handle the product and packaging carefully. Customer will only open the packaging and use the product only to the extent necessary to verify the nature, characteristics and operation of products. The starting point here is that this inspection should not go beyond that Customer could in a physical store.

7.6. Customer is only liable for product impairment that results from a way of dealing with the product that goes beyond the previous paragraph.

7.7. The customer may terminate the Agreement in accordance with the time limit laid down in paragraph 1 of this Article by sending the model form for withdrawal (digitally) to Umutima / EVcreate, or otherwise unequivocally to Umutima / EVcreate to announce that he is renating the purchase. Umutima / EVcreate confirms receipt of that notification in the event of a digital notification. After dissolution, Customer has 14 days to return the product. It is also possible to return the product immediately within the time frame laid down in paragraph 1 of this Article, provided that the model form for withdrawal or other unambiguous declaration of withdrawal is included.

Products can be returned to:

EVcreate
Zeedijk 33
7397 NS, Nijbroek, The Netherlands

7.8. Amounts already paid by Customer (in advance) will be refunded to Customer as soon as possible, but no later than 14 days after the termination of the Agreement, in the same way that Customer paid the order. If Customer has chosen a more expensive method of delivery than the cheapest standard delivery, Umutima / EVcreate does not have to pay back the additional costs for the more expensive method. Unless Umutima / EVcreate offers to pick up the product itself, Umutima / EVcreate may wait until Umutima / EVcreate has received the product or until Customer proves that it has returned the product, as at what time it is earlier.

7.9. The Website clearly indicates information on whether or not the right of withdrawal should apply and any desired procedure in time for the conclusion of the Agreement.

7.10. The right of withdrawal shall not apply to:

  • Products created by the entrepreneur in accordance with the customer’s specifications;
  • Electronic components and components that cannot be checked for defects on the basis of a visual inspection.

Article 8. Payment

8.1. Customer must pay to Umutima / EVcreate according to the payment methods indicated in the ordering procedure and possibly on the Website. Umutima / EVcreate is free in the choice of offering payment methods and these may also change from time to time. In the case of payment after delivery, Customer has a payment period of 14 days starting the day after delivery.

8.2. If the Customer does not meet his payment obligation(s) in time, he is, after he has been informed by the Umutima / EVcreate of the late payment and Umutima / EVcreate has granted the Customer a period of 14 days to meet his payment obligations, after the failure to pay within this 14-day period, on the amount still due, the statutory interest due and Umutima / EVcreate is entitled to charge the extrajudicial collection costs incurred by him. These collection costs are up to: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500,- and 5% over the next € 5,000,- with a minimum of € 40,-. Umutima / EVcreate may differ from these amounts and percentages for the benefit of Customer.

Article 9. Guarantee and conformity

9.1. This Article shall apply only if there is a Customer who does not act in pursuit of his profession or business. If a separate warranty is given on the products by Umutima / EVcreate, without prejudice to the above mentioned, this applies to all types of Customers.

9.2. Umutima / EVcreate shall ensure that the products comply with the Agreement, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, Umutima / EVcreate also ensures that the product is suitable for other than normal use.

9.3. If the delivered product does not comply with the Agreement, customer must inform Umutima / EVcreate within a reasonable period of time after discovering the defect.

9.4. If Umutima / EVcreate considers the complaint to be justified, the relevant products will be repaired, replaced or reimbursed after consultation with Customer. The maximum compensation, taking into account the Article on liability, is equal to the price paid by Customer on the product.

Article 10. Warranty for business purchases

10.1. Umutima / EVcreate shall ensure that the products comply with the Agreement, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, Umutima / EVcreate also ensures that the product is suitable for other than normal use. Otherwise, the product is suitable for normal use.

10.2. If the delivered product does not comply with the Agreement upon delivery, customer must notify Umutima / EVcreate within 7 days of delivery. If Customer doe not do this, the Customer can no longer claim repair, replacement etc. if the product is defective.

10.3. If Umutima/ EVcreate considers the complaint to be justified, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with Customer.

Article 11. Complaints procedure

11.1. If Customer has a complaint about a product (in accordance with Article regarding warranty and conformity) and/or about other aspects of the service of Umutima / EVcreate, he can file a complaint with Umutima / EVcreate by telephone, e-mail or post. See the contact information at the bottom of the Terms and Conditions.

11.2. Umutima / EVcreate gives Customer a response to his complaint as soon as possible, but at least within 14 days of receiving the complaint. If it is not yet possible to give a substantive or definitive response, Umutima / EVcreate will confirm the complaint within 14 days of receipt of the complaint and give an indication of the time frame within which it expects to give a substantive or definitive response to customer’s complaint.

11.3. Customer who does not act in the exercise of his profession or business can also file a complaint through the European Dispute Resolution Platform, accessible through http://ec.europa.eu/odr/.

Article 12. Liability

12.1. This Article shall apply only if The Customer is a natural or legal person who acts in the pursuit of his profession or business.

12.2. The total liability of Umutima / EVcreate to Customer for due to attributable failure to comply with the Agreement is limited to compensation of up to the amount of the price negotiated for that Agreement (including VAT).

12.3. Umutima /EVcreate’s liability to Customer for indirect damages, including consequential damages, lost profits, lost savings, loss of data and damage caused by company stagnation, is excluded.

12.4. Apart from the cases referred to in the previous two paragraphs of this Article, Umutima / EVcreate v. Customer does not have any liability for damages, regardless of the basis on which an action for damages would be based. However, the restrictions referred to in this Article shall be waived if and to the extent that damage is the result of intentional or gross negligence on the part of Umutima / EVcreate.

12.5. The liability of Umutima / EVcreate to Customer for attributable failure in the fulfilment of an Agreement arises only if Customer Umutima / EVcreate defaults without delay and properly, thereby providing a reasonable time limit for the treatment of the deficiency, and Umutima / EVcreate continues to fall short after that period in the fulfilment of its obligations. The notice of default should include the most detailed description of the deficiency, so that Umutima / EVcreate is able to respond appropriately.

12.6. The condition for the creation of any right to compensation is always that the Customer reports the damage in writing to Umutima / EVcreate as soon as possible, but not later than 30 days, after its occurrence.

12.7. In case of force majeure, Umutima / EVcreate is not required to compensate for any damage caused by customer.

Article 13. Business Purchases Of Ownership

13.1. All goods delivered remain the property of Umutima / EVcreate until all claims that Umutima / EVcreate has on Business Customer (including any related (collection) fees and interest) are paid in full.

13.2. Prior to that transfer of ownership, Business Customer is not authorized to sell, deliver or otherwise dispose of these matters, other than in accordance with his normal business and the normal purpose of the business. In addition, the Business Customer is not permitted to pledge these items or grant third parties any other right to do so until the ownership of these matters has been transferred to Business Customer.

13.3. Business Customer is required to carefully and asserably preserve the items delivered under the reservation of ownership of Umutima / EVcreate.

13.4. Umutima / EVcreate is entitled to take back the items that have been delivered under the reservation of ownership and are still present with the buyer, if Business Customer does not ensure timely payment of the invoices or is in or at risk of having payment difficulties.

13.5. Corporate Customer will at all times grant Umutima / EVcreate free access to its business for inspection and/or in exercise of the rights of Umutima / EVcreate.

Article 14. Personal data

14.1. Umutima / EVcreate processes customer’s personal data in accordance with privacy statement. This one can be found here: https://www.evcreate.nl/privacy-policy/

Article 15. Final provisions

15.1. Dutch law applies to the Agreement.

15.2. To the extent that rules of mandatory law do not otherwise stipulate, all disputes that may arise as a result of the Agreement will be referred to the competent Dutch court in the district where Umutima / EVcreate is located.

15.3. If a provision in these Terms and Conditions proves to be null and’t, it does not affect the validity of the entire Terms and Conditions. In that case, the parties will adopt (a) new provision(s) to replace it, thereby giving as much of the legal form as possible to the purpose of the original provision.

15.4. In these Terms and Conditions, “written” also means communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.

Contact information

If you have any questions, complaints or comments after reading these Terms and Conditions, please contact us in writing or by e-mail.

Umutima / EVcreate
Zeedijk 33
7397 NS, Nijbroek, The Netherlands

Phone: +31-85 -06 08 838
Email:

Chambers of Commerce: 78310385
VAT ID: NL861341259B01

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