General Terms


General Terms and Conditions



Article  1 - Definitions
Article  2 - The Entrepreneur's Identity
Article  3 - Applicability
Article  4 - The offer
Article  5 - The agreement
Article  6 - Right of withdrawal
Article  7 - Consumer's obligations during the reflection period
Article  8 - Exercising the Consumer's right of withdrawal and the costs
Article  9 - Entrepreneur's obligation in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and extra guarantee
Article 13 - Delivery and execution
Article 14 - Payment
Article 15 - Complaints procedure
Article 16 - Disputes
Article 17 - Amendment to the General Terms and Conditions


Article 1 - Definitions

In these Terms and Conditions, the following terms will have the following meanings:

1.      Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur;

2.      Reflection Period: the period during which the Consumer may use his right of withdrawal;|

3.      Consumer: the natural person who does not act for purposes related to his commercial, trade, craft or professional activities;

4.      Day: calendar day, excluding Sundays and holidays;

5.      Digital Content: data produced and delivered in digital form;

6.      Long-term data carrier: any means, including e-mail, that allow the Consumer or the Entrepreneur to store information directed to him personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible;

7.      Right of withdrawal: the Consumer's option not to proceed with the distance agreement within the cooling-off period;

8.      Entrepreneur: the natural or legal person who provides products, (access to) digital content and/or services to Consumers at a distance;

9.      Distance contract: a contract concluded between the Entrepreneur and the Consumer within the scope of an organized system for sale of products, digital content and/or services at a distance, whereby exclusive or additional use is made of one or more technologies of distance communication up to and including the conclusion of the contract;

10.   Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.


Article 2 - The Entrepreneur's Identity

Trade name:

Name of Entrepreneur: Eurovacuum B.V.

Business address: Oostpolderweg 7, 2841DA Moordrecht, The Netherlands
Phone number: +31 85 4890993 - Available between 09.00 p.m. and 17.00 p.m. CET
Chamber of Commerce number: 24406009
VAT identification number: NL817385423B01


Article 3 - Applicability


1.      The General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract by the Entrepreneur and the Consumer.

2.      Before concluding a distance contract, the Entrepreneur will make the text of these General Terms and Conditions available to the Consumer. If this is reasonably impossible, the Entrepreneur will indicate in what way the General Terms and Conditions can be inspected at the Entrepreneur's and that they will be sent free of charge if so requested, as soon as possible.

3.      If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to the Consumer at the Consumer's request free of charge, either via electronic means or otherwise, before concluding the distance contract.

4.      In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs will apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him.


Article 4 - The offer

1.      If an offer is of limited duration or if certain conditions apply, it will be explicitly stated in the offer.

2.      The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, services and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products, services and/or digital content provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.

3.      All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.


Article 5 - The agreement

1.      Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.

2.      If the Consumer accepted the offer via electronic means, the Entrepreneur will promptly confirm receipt of acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.

3.      If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organizational measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur will observe appropriate security measures.

4.      The Entrepreneur may, within the limits of the law, gather information about the Consumer's ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request, or to attach special terms to the implementation.

5.      Upon delivery of the product, service or digital content at the latest, the Entrepreneur will send the following information along in writing or in such a manner that the Consumer can store it on a long-term data carrier:
a.  the visiting address of the Entrepreneur's business establishment where the Consumer may get into contact with any complaints;
b.  the conditions on which and the matter in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
c.  the information corresponding to existing after-sales services and guarantees;
d.  the price including all taxes of the product, service or digital content; where applicable the delivery costs and payment method, delivery or implementation of the distance contract;
e.  the requirements for cancelling the contract if the contract has a duration of more than one year or an indefinite period of time.


Article 6 - Right of withdrawal

In case of products:

1.      The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal, but cannot force him to state his reason(s).

2.      The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or a third party appointed by him in advance, and who is not the carrier, or:
a.  if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the last product. The Entrepreneur may refuse an order of several products with different delivery dates, provided that he clearly informs the Consumer prior to the ordering process.
b.  in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part.
c.  in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed by him received the first product.


Article 7 - Consumer's obligations during the reflection period

1.      During the reflection period, the Consumer will handle the product and packaging with care. The Consumer will only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a store.

2.      The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in subsection 1.

3.      The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the Agreement.


Article 8 - Exercising the Consumer's right of withdrawal and the costs

1.      If the Consumer exercises his right of withdrawal he shall notify the Entrepreneur with the standard form for withdrawal or in another unambiguous manner within the period of reflection.

2.      The Consumer shall return the product or deliver it to (the authorized representative of) the Entrepreneur as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1. This need not be done if the Entrepreneur offered to collect the product himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.

3.      The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.

4.      The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.

5.      The Consumer shall bear the direct costs of returning the product. If the Entrepreneur has not reported that the Consumer has to bear these costs or if the Entrepreneur pointed out that he will bear the costs himself, the Consumer need not pay the cost of returning the product.

6.      If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.


Article 9 - Entrepreneur's obligation in case of withdrawal

1.      If the Entrepreneur makes the Consumer's notification of withdrawal by electronic means possible, he will promptly send a confirmation of receipt.

2.      The Entrepreneur will reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he can delay reimbursement until having received the product or until the Consumer has proven that he returned the product, whichever occurs first.

3.      For the reimbursement, the Entrepreneur shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.

4.      If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Entrepreneur need not reimburse the additional costs for the more expensive method.


Article 10 - Exclusion of the right of withdrawal


1.      The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur stated this clearly when making the offer or at any rate in good time before concluding the agreement:

2.      Products or services with a price that is subject to fluctuations in the financial market on which the Entrepreneur has no influence and which may occur within the period of withdrawal.

3.      Service agreements, after full performance of the service, but only if:
a.  the performance started with the Consumer's explicit prior consent; and
b.  the Consumer stated that he will lose his right of withdrawal as soon as the Entrepreneur has fully performed the agreement.

4.      Perishable products or products with a limited durability;

5.      Sealed products which are, for health or hygiene reasons, not suitable for being returned and of which the seal was broken after delivery;

6.      Products which are, because of their nature, irreversibly mixed with other products after delivery;

7.      Sealed audio and video recordings and computer programs of which the seals were broken after delivery;

Article 11 - The price

1.      The prices of the products and/or services provided shall not be raised during the validity period given in the offer, except for changes in price due to changes in VAT rates.

2.      Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.

3.      Price increases within 3 months after concluding the contract are permitted only if they are the result of legal regulations or stipulations.

4.      Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and:
a.  they are the result of legal regulations or stipulations; or
b.  the Consumer has the authority to cancel the contract before the day on which the price increase takes effect.

5.      All price offered and/or mentioned by the Entrepreneur are excluding VAT.

Article 12 - Compliance and extra guarantee

1.      The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.

2.      An extra guarantee offered by the Entrepreneur or his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur's obligations if the Entrepreneur has failed in his fulfilment of his part of the agreement.

3.      'Extra guarantee' is taken to mean each obligation by the Entrepreneur, his Supplier, Importer or Manufacturer in which he assigns certain rights or claims to the Consumer that go beyond his legal obligation in case he fails to perform his contractual obligations.


Article 13 - Delivery and execution

1.      The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.

2.      The place of delivery is the address given by the Consumer to the Entrepreneur.

3.      With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with due speed but within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer will be informed about this within 30 days after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge.

4.      After repudiation in conformity with the preceding paragraph, the Entrepreneur will return the payment made by the Consumer promptly.

5.      The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.


Article 14 - Payment

1.      Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled at the moment of order at the webshop or after agreement with the Entrepreneur by bank transfer, the order will only be taken into process after receiving of the complete payment.

2.      The Consumer has the obligation to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.

Article 15 - Complaints procedure

1.      The Entrepreneur will have a adequately disclosed complaints procedure in place and will handle the complaint in accordance with this complaints procedure.

2.      Complaints about the performance of the contract shall be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Consumer discovered the defects.

3.      The complaints submitted to the Entrepreneur shall be replied to within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication of when the Consumer can expect a more detailed reply.

4.      If the complaint cannot be solved in joint consultation within a reasonable time or within 4 weeks after submitting the complaint, there will be a dispute that is open to dispute settlement rules.


Article 16 - Disputes

1.      Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.

Article 17 - Amendment to the General Terms and Conditions

1.      Amendments to these Terms and Conditions are valid only after being published in the appropriate way, provided that in case of appropriate amendments, the provision that is most favourable for the Consumer shall prevail during the validity of an offer.