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General terms and conditions

Article 1 - Definitions
In these terms and conditions, the following definitions apply:

Supplementary contract: a contract under which the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader;
Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: a natural person who is not acting for purposes relating to their trade, business, craft or profession;
Day: a calendar day;
Digital content: data produced and supplied in digital form;
Continuing contract: a contract for the regular supply of goods, services and/or digital content over a specified period;
Durable medium: any medium – including email – which enables the consumer or trader to store information addressed personally to them in a way that allows for future reference or use for a period appropriate to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period;
Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby, up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication;
Model withdrawal form: the European model withdrawal form set out in Annex I to these terms and conditions. Annex I need not be made available if the consumer has no right of withdrawal in respect of their order;
Means of distance communication: a means that can be used to conclude a contract without the consumer and the trader having to be physically present in the same place at the same time.

 

Article 2 - Entrepreneur's identity
Evimo B.V.

Woenselse Markt 11
5612 CP Eindhoven

Email address: info@evimo.nl

Chamber of Commerce number: 98834126
VAT number: NL868663086B01

If the trader's activity is subject to a relevant licensing regime: details of the supervisory authority.

If the entrepreneur is a regulated profession:

  • The professional association or organisation to which it belongs;
  • the professional title, the place in the EU or the European Economic Area where it was granted;
  • A reference to the professional rules applicable in the Netherlands and instructions on where and how to access these professional rules.

 

Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and consumers.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the remote agreement is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favourable to him.

 

Article 4 - The offer
If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

 

Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out in it.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating reasons.
The entrepreneur will, at the latest when delivering the product, service or digital content to the consumer, send the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:

  • The visiting address of the trader's branch where consumers can address complaints;
  • the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
  • information on warranties and existing after-sales service;
  • the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
  • The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
  • If the consumer has a right of withdrawal, the model withdrawal form. In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

 

Article 6 - Right of withdrawal

  1. When purchasing products, consumers have the option of dissolving the agreement without giving reasons for 14 days. This cooling-off period starts the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
  2. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If consumers wish to exercise their right of withdrawal, they are obliged to notify the trader within 14 days of receiving the product. The consumer must make this known using the model form or by another means of communication such as e-mail. After the consumer has made it known that he wants to use his right of withdrawal, the consumer should return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of dispatch.
  4. If the customer has not expressed his wish to exercise his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the sale is a fact.

Costs in case of withdrawal 

  1. The consumer bears the direct cost of returning the product.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after revocation. This is subject to the condition that the product has already been received back by the trader or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly authorises a different payment method.
  3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any depreciation in value of the product.
  4. The consumer cannot be held liable for depreciation of the product if not all legally required information on the right of withdrawal has been provided by the entrepreneur, this should be done before the conclusion of the purchase agreement.

Exclusion of right of withdrawal 

The trader may exclude the consumer's right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader clearly stated this in the offer, at least in good time before concluding the contract.

Exclusion of the right of withdrawal is only possible for products:

  • Created by the entrepreneur in accordance with consumer specifications;
  • Which are clearly personal in nature;
  • Which cannot be returned due to their nature;
  • Which can spoil or age quickly;
  • The price of which is subject to fluctuations in the financial market over which the entrepreneur has no control;
  • For single newspapers and magazines;
  • For audio and video recordings and computer software whose seals have been broken by consumers;
  • For hygienic products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

  • Concerning accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
  • Where delivery has started with the express consent of the consumer before the cooling-off period has expired;
  • Concerning betting and lotteries.

 

Article 7 - The price
During the validity period mentioned in the offer, the prices of the products and/or services on offer will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and:
they are the result of legal regulations or stipulations; or
the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.

Discounts and discount codes:

  • General
    Discounts and promotional offers provided by the supplier are valid for a limited time, unless expressly stated otherwise. Discounts apply exclusively during the specified promotional period and whilst stocks last.
  • Applicability and Combination
    Discounts and discount codes are not exchangeable for cash and cannot be combined with other offers, promotions or discount codes, unless expressly stated otherwise. A maximum of one discount code may be used per order.
  • Use of discount codes
    Discount codes may be valid for a single use or multiple uses, depending on the terms of the promotion. Discount codes are personal and non-transferable, unless otherwise stated. The provider reserves the right to refuse or invalidate discount codes in the event of misuse.
  • Changes and errors
    The supplier reserves the right to amend, suspend or terminate promotional offers and discount codes at any time. Obvious (price) errors, printing or typesetting errors are not binding on the supplier.
  • Returns on discounted items
    If an order is returned in full or in part, the amount actually paid by the customer for the returned product will be refunded. If, as a result of a (partial) return, the conditions of a discount promotion are no longer met, the discount granted may be cancelled in full or in part.

 

Article 8 - Compliance with the agreement and additional guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
An extra guarantee provided by the trader, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the trader on the basis of the contract if the trader has failed to fulfil his part of the contract.
Extra warranty means any commitment by the entrepreneur, his supplier, importer or manufacturer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfil his part of the agreement.

 

Article 9 - Delivery and execution
The entrepreneur will take the greatest possible care when receiving and executing orders of products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with convenient speed but at the latest within 60 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 50 days after the order was placed. In that case, the consumer has the right to dissolve the agreement free of charge.
After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
You should take delivery of your order in person for signature verification. If you notice any damage on the packaging you received, open the packaging and check the product before signing. In case of damage to your product, you should report it to the delivery driver. The delivery driver should wait until you have checked the product. After signing the delivery document and receiving your package, in case of damage, the transport company and / gulcanhome.eu is not liable.

Ordered products are thoroughly checked for damage and defects before dispatch.
We will compensate you in various ways for any products damaged during dispatch.
You must report any damage or defects within 48 hours of receipt via WhatsApp on +31615675990 or by email to support@evimo.nl
Reports submitted after 48 hours will not be processed!

 

Article 10 - Duration transactions: duration, termination and renewal
Termination:
The consumer may terminate an agreement entered into for an indefinite period of time that extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period not exceeding one month.
The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.
The consumer may terminate the agreements referred to in the previous paragraphs:

  • cancel at any time and are not limited to cancelling at a specific time or period;
  • at least cancel in the same manner as they were entered into by him;
  • You may always cancel your contract subject to the same notice period as that stipulated by the trader for itself.
    Renewal:

A contract entered into for a fixed term and covering the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the previous paragraph, a fixed-term contract for the regular supply of dailydaily newspapers, weekly newspapers and periodicals may be tacitly extended for a fixed term of no more than three months, provided that the consumer may terminate this extended contract towards the end of the extension period with a notice period of no more than one month.
A contract entered into for a fixed term and relating to the regular supply of goods or services may only be tacitly renewed for an indefinite period if the consumer is entitled to terminate it at any time with a notice period of no more than one month. The notice period shall not exceed three months where the contract provides for the regular, but less than once-a-month, delivery of daily newspapers, news papers, weekly newspapers and magazines.
A fixed-term contract for the regular delivery of daily newspapers, news papers, weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and ends automatically upon expiry of the trial or introductory period.
Duration:

If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

 

Article 11 - Payment
Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days of the conclusion of the agreement. In the case of an agreement to provide a service, this period starts the day after the consumer receives the confirmation of the agreement.
When selling products to consumers, general terms and conditions may never oblige the consumer to pay more than 50% in advance. Where advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
If the consumer does not timely meet his payment obligation(s), he is, after he has been notified by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the non-payment within this 14-day period, the consumer owes the statutory interest on the amount due and the entrepreneur has the right to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000, with a minimum of € 40. The proprietor can deviate from these amounts and percentages for the benefit of the consumer.

 

Article 12 - Complaints procedure
The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute settlement procedure.
In case of complaints, a consumer should first turn to the entrepreneur. For complaints that cannot be solved in mutual consultation, the consumer should turn to WebwinkelKeur(www.webwinkelkeur.nl), which will mediate free of charge. If there is still no solution, the consumer has the possibility to have his complaint handled by the independent dispute committee appointed by WebwinkelKeur, the decision is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that have to be paid by the consumer to the committee concerned.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found valid by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge

 

Article 13 - Disputes
Agreements between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.

 

Article 14 - Additional or deviating provisions
Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored in an accessible manner by the consumer on a durable data carrier.

 

Article 15 - Copyright
All rights are reserved. No part of the data published on this website may be reproduced, stored in a computerised database and/or published in any form or by any means, whether electronic, mechanical, by photocopying, recording or any other means, without the express prior written permission of Evimo. The use of Evimo brand and product names in texts aimed at search engines is also not permitted.

Evimo has an active and strict policy in controlling unsolicited reproduction or misuse of materials and texts from its website and will always take legal action in case of violation.

Annex I: Model withdrawal form

Model withdrawal form

(Only complete and return this form if you wish to revoke the agreement)

  • To: [business owner’s name]
    [business address]

[ fax number entrepreneur, if available]

[email address or electronic address of entrepreneur]

  • I/We* hereby notify you that I/we* are cancelling our contract regarding
    the sale of the following products: [product description]*

delivery of the following digital content: [digital content designation]*

the provision of the following service: [service designation]*,

RETURNS/RECALLATIONS*

  • Ordered on/received on[date of order for services or receipt for products].
  • [Consumers' name(s)]
  • [Consumer address(es)]
  • [Signature of consumer(s)] (only if this form is submitted on paper)
  • Cross out what does not apply or fill in what is applicable.

 

Article 16 - Webwinkelkeur
We find it important that reviews give the best possible picture of our products and services. Our reviews are therefore managed impartially by WebwinkelKeur. WebwinkelKeur has taken measures to guarantee the authenticity of reviews. You can read about these measures here.
Our customers are not rewarded for writing reviews. No discounts or other gifts are given.

We collect reviews through WebwinkelKeur's platform. If you leave a review via WebwinkelKeur, you must provide a name and e-mail address. WebwinkelKeur shares this information with us so we can link the review to your order. WebwinkelKeur also publishes your name on its own website. In some cases, WebwinkelKeur may contact you to comment on your review. If we invite you to leave a review, we share your name, email address and product information with WebwinkelKeur. They only use this information to invite you to leave a review. WebwinkelKeur has taken appropriate technical and organisational measures to protect your personal data. WebwinkelKeur reserves the right to use third parties to provide the service. All above guarantees regarding the protection of your personal data also apply to those parts of the service for which WebwinkelKeur engages third parties.