General Terms and Conditions

The use of this website indicates that you accept these terms and conditions, regardless of whether or not you choose to register with us or order from us.
Each order placed by you will constitute a contract between you and Etan Trampolines B.V in accordance with these terms and conditions to the exclusion of all other terms and conditions.

We reserve the right to change our Terms and Conditions at any time and any changes will take effect when the website is updated.

Index:

Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Delivery area
Article 7 – Right of withdrawal
Article 8 – Customers’ obligations in case of withdrawal
Article 9 – Customers who exercise their right of withdrawal and the costs involved
Article 10 – Traders’ obligations in case of withdrawal
Article 11 – Returns following an error due to the Trader
Article 12 – Precluding the right of withdrawal
Article 13 – The price
Article 14 – Contract fulfilment and extra guarantee
Article 15 – Delivery and implementation
Article 16 – Payment
Article 17 – Complaints procedure
Article 18 – Online Dispute Resolution
Article 19 – Disputes
Article 20 – Additional or different stipulations

Article 1 – Definitions

The following definitions apply in these terms and conditions:
1. Supplementary agreement: an agreement in which a consumer obtains products, digital content and/or services via a distance contract, and a trader or a third party delivers these products, digital content and/or services in accordance with an agreement between that third party and the trader;
2. Withdrawal period: the period within which a consumer can make use of his right of withdrawal;
3. Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
4. Day: calendar day;
5. Digital content: data that are produced and supplied in digital form;
6. Extended duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
7. Durable medium: every means – including emails – that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in  keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;
9. Trader: a natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
10. Distance contract: a contract concluded between a trader and a consumer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
11. Model form for right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these terms and conditions. The trader is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his order;
12. Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.

Article 2 – Identity of the trader

Name : Etan Trampolines B.V.
Registered address : Ladonkseweg 8a – 5281 RE  Boxtel  – Netherland
Telephone number : +31 411 678 412
Office hours : 09:00 to 17H00 Monday to Friday
Email : info@trampolineparts.eu / see also contact page for each language.
Chamber of Commerce registration number  : 17114969 – ‘s-Hertogenbosch – The Netherlands
European VAT registration number : NL 8079.86.811.B01
Bank number : NL97 RABO 0192 3809 31

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the Trader within the website www.trampolineparts.eu and to every distance contract concerning trampolineparts.eu that has been realized between the Trader and the consumer .
2. Before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions  electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected  electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
3. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second paragraph apply by analogy and the consumer can always invoke the applicable condition that is most favourable to him in the event of incompatible general terms and conditions.

Article 4 – The offer

1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. If the illustration is not totally accurate (difference in colour, shape or other characteristics), the differences will be stipulated in the description of the product. The trader is not bound by obvious errors or mistakes in the offer.
3. Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.

Article 5 – The contract

1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer  electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
3. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
4. The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfil his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or  application or to bind its implementation to special conditions.
5. The trader will send to the Consumer, at the latest when delivering a product, service or digital content, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:

  1.  The office address of the trader’s business location where the consumer can lodge complaints;
  2.  The conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;
  3.  Information on guarantees and existing after-sales service;
  4.  The price, including all taxes on the product, service or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance contract;
  5.  The requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite;
  6.  If the consumer has a right of withdrawal, the model form for right of withdrawal.

6. In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.
7.The Trader reserves the right to cancel or suspend the contract if:

  1.  The Trader have insufficient stock to deliver the goods ordered;
  2.  The payment is not completed;
  3.  There has been an obvious pricing or product description error;
  4.  The delivery address supplied by the Consumer is unknown or incomplete;
  5.  The delivery address is in an area outside of our delivery area (see article 6)
  6.  The email address provided by the Consumer is incorrect
  7.  The telephone number provided by the Consumer is incorrect or unreachable
  8.  The Consumer do not meet any eligibility criteria included in these terms and conditions.

8. In case of the Trader cancelling or suspending the contract, he will notify the Consumer by e-mail or any other means available within 2 working days. The notification will include the justification for the suspension or cancellation along with a proposal of an alternative solution. If no alternative solution is agreed by the Consumer and the Trader, then the Trader will reimbursed any sum received as soon as possible but in any event within 30 days.

Article 6 – Delivery area

Delivery area supplied by the Trader includes only the mainland of the following countries, with the exclusion of remote area or islands of theses countries.
1. The list of countries is :
Austria – Belgium – Czech Republic – Denmark – Estonia – Finland – France – Germany – Hungary – Italy – Lithuania – Luxembourg – Netherlands – Poland – Portugal – Republic of Ireland – Spain – Sweden – Switzerland – United Kingdom

2. The excluded area are all areas where the real cost of delivery is at least twice as high as the real cost of delivery to the mainland.
Examples of excluded areas are, (list incomplete and subject to change) :
Azores and Madeira, Canary Islands, French Guiana, Guadeloupe, Martinique, Mayotte, Réunion Island, Mayotte, Corsica, Saint Martin, Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands Cayman Islands, Falkland Islands, Montserrat, Aruba, Curaçao, Sint Maarten, Greenland, Isle of Man, Channel Isles, Scottish Highlands, Scottish Isles, Hebrides, …
3. If an order is placed through the website and the delivery address is not within the main delivery area supplied by the Trader, the Trader may need to contact the Consumer to take additional delivery charges. If no agreement is reached, then the order is cancelled and the Trader will reimbursed any sum received as soon as possible but in any event within 30 days.

Article 7 – Right of withdrawal

Upon delivery of products
1. When purchasing products, a consumer has the right to dissolve a contract, without giving reasons, during a period of at least 14 days. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
2. The period stipulated in para. 1 commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:

  1.  If the consumer has ordered several products: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may refuse a single order for several products with different delivery dates, provided he clearly informed the consumer of this prior to the ordering process.
  2.  If the delivery of a product involves different deliveries or parts: the day on which the consumer, or a third party designated by the consumer, received the last delivery or the last part;
  3.  With contracts for the regular delivery of products during a given period: the day on which the consumer, or a third party designated by the consumer, received the last product.

Upon delivery of services and digital content that is not supplied on a material medium:
3. A consumer has the right to dissolve a contract, without giving reasons, for the supply of digital content that is not supplied on a material medium during a period of at least fourteen days. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
4. The period stipulated in para. 3 commences on the day after the contract was concluded.

Extended withdrawal period for products, services and digital content that is not supplied on a material medium in the event a consumer was not informed about the right of withdrawal:
5. If the trader did not provide the consumer with the statutorily obligatory information about the right of withdrawal or if the model form was not provided, the withdrawal period ends twelve months after the end of the originally stipulated withdrawal period based on the previous paragraphs of this article.
6. If the trader provided the consumer with the information referred to in the previous paragraph within twelve months of the commencing date of the original withdrawal period, the withdrawal period shall end 14 days after the day on which the consumer received the information.

Article 8 – Consumers’ obligations during the withdrawal period

1. During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
2. The consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in para. 1.
3. The consumer is not liable for the product’s devaluation if the trader did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.

Article 9 – Consumers who exercise their right of withdrawal and the costs involved

1. A consumer who wants to exercise his right of withdrawal shall report this to the Trader, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way.
2. As quickly as possible, but no later than 14 days after the day of reporting as referred to in para. 1, the consumer shall return the product, or hand it over to (a representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.
3. The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer.
5. The consumer bears the direct costs of returning the product. If the trader has not declared that the consumer shall bear these costs or if the trader indicates a willingness to bear these costs himself, then the consumer shall not be liable to bear the costs of returning goods.
6. The consumer shall bear no costs for the entire or partial supply of digital content that is not supplied on a material medium, if:

  1.  Prior to delivery, he did not explicitly agree to commencing fulfilment of the contract before the end of the period of withdrawal;
  2.  He did not acknowledge having lost his right of withdrawal upon granting his permission; or
  3.  The trader neglected to confirm this statement made by the consumer.

7. If a consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.

Article 10 – Traders’ obligations in a case of withdrawal

1. If the trader makes it possible for a consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt.
2. The trader reimburses the consumer immediately with all payments, including any delivery costs the trader charged for the returned product, though at the latest within 14 days after the day on which the consumer reported the withdrawal. Except in cases in which the trader has offered to retrieve the product himself, he can postpone refunding until he has received the product or until the consumer proves he has returned the product, depending on which occurs earlier.
3. For any reimbursement, the trader will use the same payment method that was initially used by  the consumer, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.
4. If the consumer chose an expensive method of delivery in preference to the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.

Article 11 – Precluding the right of withdrawal

The trader can preclude the right of withdrawal for the following products and services, but only if the trader stated this clearly when making the offer, or at least in good time prior to conclusion of the contract:

1. Products or services whose prices are subject to fluctuations on the financial market over which the trader has no influence and which can occur within the period of withdrawal;
2. Contracts concluded during a public auction. A public auction is defined as a sales method whereby a trader offers products, digital content and/or services at an auction, under the directions of an auctioneer, and whereby the successful purchaser is obliged to  purchase the products, digital content and/or services;
3. Service contracts, after full completion of the service, but only if:

  1.  Implementation started with the explicit prior agreement of the consumer; and
  2.  The consumer declared having lost his right or withdrawal as soon as the trader had completed the contract in full;

4. Contracts relating to leisure activities, if the contract already stipulates a certain date or period of implementation;
5. Products manufactured according to the consumer’s specifications, which were not prefabricated and were made based on a consumer’s specific choice or decision, or which are clearly intended for a specific person;
6. Products subject to rapid decay or with a limited shelf-life;
7. Sealed audio/video-recordings and computer apparatus whose seal was broken after delivery;
8. The delivery of digital content other than on a material medium, but only if:

  1.  The delivery commenced with the consumer’s explicit prior agreement, and
  2.  The consumer declared that this implied his having lost his right of withdrawal.

Article 12 – Returns following an error due to the Trader mistake.

Despite all the efforts implemented, the Trader can make mistakes and send the wrong product to the Consumer. Mistakes are for example sending a wrong size, wrong colour, wrong brand…
Such mistakes do not fall under the Right of withdrawal of article 7 since the return of the product must be reimbursed by the Trader.
1. A consumer who notices a mistake after delivery shall report this to the Trader by email or  in some other unequivocal way as quickly as possible, but no later than 16 days after the day of delivery.
2. The Trader makes contact with the Consumer as quickly as possible, but no later than 3 days after the day of reporting.
3. The Trader and the Consumer exchange information by Durable medium in order to check the validity of the error. Subject such as mistakes in installing the product or error in ordering the right product or other similar errors due to the Consumer do not fall under article 12.
4. A validated error due to the Trader mistake will be solved by the following procedure :

  1.  The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the trader. The Consumer shall return the product as quickly as possible, but no later than 10 days after the day the error have been validated.
  2. The risk and the burden of proof for exercising the procedure correctly and in time rest upon the consumer.
  3. The consumer pays the direct costs of returning the product in accordance with the reasonable and clear instructions provided by the trader. For example, the Consumer use the courier advised by the Trader and limit the cost of returning the product to the limit advised by the Trader.
  4. The Consumer communicate to the Trader and by Durable medium a copy of proof of payments of the return delivery and his bank account number.
  5. Upon receiving the return product, the trader reimburses the consumer immediately with all payments, including the direct costs of returning the product the Consumer paid for the returned product, but no later than 30 days.
  6. For the reimbursement, the trader will use two payments methods. The Trader reimburses the amount of the order by the same payment method that was initially used by  the consumer. The Trader reimburses the direct costs of returning the product by bank transfer. Reimbursement is free of charge for the consumer.
  7. The trader does not have to refund the direct costs of returning the product if the Consumer do not provide a valid bank account number.
  8. If the consumer chose an expensive method of delivery in preference to the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.

Article 13 – The price

1. The prices stated in offers of products or services are as set out in our website. They may change and the applicable price is that shown on the day which your order is placed.
2. Prices stated in offers of products or services include VAT.
3. Prices shown in other currencies than Euro change daily, as they are subject to financial exchange rate.

Article 14 – Contract fulfilment and extra guarantee

1. The trader guarantees that the products and/or services fulfil the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed the trader also guarantees that the product is suited for other than normal designation.
2. An extra guarantee arrangement offered by the trader, manufacturer or importer can never affect the statutory rights and claims that a consumer can enforce against the trader on the grounds of the contract if the trader failed to fulfil his part in the contract.
3. An extra guarantee is defined as every commitment of a trader, his supplier, importer or manufacturer that grants a consumer rights or claims, in excess of those provided by law, for the event that he fails to fulfil his part in the contract.

Article 15 – Supply and implementation

1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is deemed to be the address that the consumer makes known to the company.
3. Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the
latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.
4. Following dissolution in accordance with the previous paragraph, the trader refunds the consumer immediately the sum he had paid.
5. The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to the trader, unless this has explicitly been agreed otherwise.

Article 16 – Payment

1. For Dutch Consumer

  1. As far as no other date is stipulated in the contract or supplementary conditions, sums payable by the consumer should be  paid within 14 days after commencement of the withdrawal period, or in the absence of a withdrawal period within 14 days after the conclusion of the contract. In the case of a contract to provide a service, this 14-day period starts on the day after the  consumer received confirmation of the contract.
  2. When selling products to consumers, the general terms and conditions may never stipulate an advance payment in excess of 50%. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
  3. The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.
  4. If a consumer fails to fulfil his payment obligation(s) in good time, after the trader has informed the consumer about the late payment, the consumer is allowed 14 days in which to fulfil the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed and the trader has the right to charge reasonable extra-judicial costs of collection he has incurred. These costs of collection amount to, at the most: 15% of unpaid sums up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40. The trader can make departures from these sums and percentages that are favourable to the consumer.

2. For other Consumer
The Trader must receive payment from the Consumer before the order can be accepted.

Article 17 – Complaints procedure

1. The trader provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
2. A consumer who has discovered shortcomings in the implementation of a contract must submit any complaints to the trader without delay, in full and with clear descriptions.
3. A reply to complaints submitted to the trader will be provided within a period of 7 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 7 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
4. The consumer should give the trader a time period of at least 4 weeks to solve the complaint in joint consultation. After this period of time, the complaint becomes a dispute that is subject to the disputes settlement scheme.

Article 18 –  Online Dispute Resolution

The Consumer can choose to use the Online Dispute Resolution website which is an official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out-of-court.
http://ec.europa.eu/consumers/odr

Article 19 – Disputes

1. Contracts entered into between a trader and a consumer and which are subject to these general terms and conditions are subject only to Dutch law.

Article 20 – Additional or different stipulations

Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.