General Terms & Conditions

Article 1. Field of application

1.1 The present general terms and conditions of sale (hereinafter: "General Terms and Conditions"), together with the references they contain, are fully applicable to any agreement that you (hereinafter: the "Consumer") conclude with the BV The Toadi Order, with registered office in 8790 Waregem, Eugène Bekaertlaan 61, registered in the Crossroads Bank for Enterprises under the number: 0674.791.485, VAT number: BE0674791485, e-mail: support@eeve.com and bank account number BE44 7360 3709 0945 (hereinafter: "eeve").

1.2 The General Terms and Conditions are applicable to all purchases made by the Consumer from Toadi.

The General Terms and Conditions together with the Privacy Policy, Cookie Policy and End User License Agreement form the agreement between Toadi and the Consumer. The agreement can be further completed with specific agreements between the parties. The Privacy Policy can be found here https://www.eeve.com/privacy-policy, the Cookie Policy here https://www.eeve.com/cookie-policy and the End User License Agreement here https://www.eeve.com/eeve-eula.

1.3Toadi reserves the right to change the Terms and Conditions. If necessary, Toadi will publish this change on its website. The General Terms and Conditions applicable at the time a purchase is confirmed, remain applicable to that purchase.

 

Artikel 2. Acceptance

When making a reservation, the Consumer confirms that he has taken notice of the General Terms and Conditions. When the Consumer proceeds to purchase, he confirms to accept the General Conditions in their entirety and without reservation.

 

Artikel 3. Products

3.1 Toadi develops, manufactures and sells Work Robots with camera, whose functions include grass cutting and garden security (hereinafter: "Product" or "Products"). Toadi has developed a software application that is required to use and control the Product remotely (hereinafter: "App").

3.2If Toadi, for example due to insufficient availability of the Products or due to force majeure, is not able to fulfill the reservation or order, Toadi will contact the Consumer as soon as possible and the Consumer has the possibility to change or cancel the order free of charge.

 

Artikel 4. Reservations and Orders

4.1 In order to reserve and order a Product through the web store (www.toadi.com), the Consumer must provide Toadi with the personal data required for this purpose. The Consumer's personal data shall be protected in accordance with Article 15 (Privacy Policy).

4.2 At the moment the Consumer clicks on "pay now" in the web store, the Consumer will make the advance payment and the reservation will be confirmed (hereinafter: "Reservation"). The Reservation is registered and the sale is definitively concluded, unless the Products are unavailable according to article 3.2, refusal by Toadi according to article 4.3 or in case the use of a mere Reservation-modality with a deposit (which doesn’t constitute a purchase) is explicitly indicated on the website for a specific product. After the Reservation is processed internally, Toadi sends a balance statement to the Consumer together with an order confirmation (hereinafter: "Order" or "Orders").

Further specific reservations-orders-and delivery conditions are indicated on the website for each Product and provide an extension to the General Terms and Conditions.

Any errors made by the Consumer when passing on or entering the desired product specifications when making the Reservation, cannot be corrected.

The purchase order is registered in Toadi's computer files, which are kept on a secure and durable data carrier.

 

 

4.3 Toadi reserves the right to refuse Reservations, within a period of 30 days from receipt of the Reservation. A Reservation can be refused, amongst others, in case of a manifestly incorrect price indication.

4.4 From the moment the sale is definitively concluded in accordance with article 4.2, a confirmation of the Reservation (hereinafter: "Confirmation") will be sent by e-mail by Toadi to the e-mail address provided by the Consumer at the time of the Reservation. The Confirmation is sent including an electronic copy of the invoice and the General Terms and Conditions.

 

Artikel 5. Price and payment

5.1 The price of the Products is indicated including VAT in the web store (www.eeve.com). Only the prices mentioned on the website www.eeve.com at the time of the registration of the Reservation will be applied, except in case of a manifest typing error or adjustment error. Where appropriate, Toadi will inform the consumer within 30 days after the Reservation. The Consumer then has the possibility to accept the new price or to cancel the Reservation.

5.2 The prices do not mention shipping costs. No shipping costs are charged within Belgium, the Netherlands, Germany and France.

5.3 For a purchase outside of Belgium, the Netherlands, Germany and France, the shipping is arranged and paid-for by the Consumer and any local taxes (including customs duties, taxes) are also at the expense of the Consumer.

5.4. The Consumer is responsible for providing a valid VAT number.

If no valid VAT number is provided then Toadi will invoice with the VAT depending on the place of delivery specified during the Reservation.

If the Consumer purchases the Product from outside of Belgium and does not provide a VAT number during the Reservation, the Consumer declares that he has no obligations regarding VAT in his country and, consequently, the rules of distance contracts are to be applied.

5.4 The Consumer pays the advance payment upon Reservation. The balance is to be paid at the time of the Order.

 

Artikel 6. Delivery

6.1Toadi will deliver the Product, in accordance with the placed Reservation, to the address provided in the Reservation.

6.2 Every effort will be made to deliver the Reservation within the time frame that is foreseen when the Consumer places the Reservation. However, this delivery period is purely indicative.

6.3 If more than one Product is reserved, efforts will be made to deliver all Products in one package. In case this is not possible, Toadi will inform the Consumer by e-mail.

6.4 If the shipping packaging or the Product is noticeably damaged upon delivery, the Consumer must immediately, and at the latest within 48 hours, report this in writing by e-mail to support@eeve.com.

6.5 For purchases outside of Belgium, delivery shall take place ex-works, which means that Toadi shall make the Product available at the address of its registered office. The Consumer is liable for all the risks from the moment of pickup at Toadi.

 

Artikel 7. Retention of Title

7.1 Ownership of the Products shall only be transferred to the Consumer after full payment by the Consumer of all that is owed to Toadi in return for the delivery of the Reservation, including payment of the agreed price, costs, interest and any damages.

Notwithstanding the retention of title set forth above, the risk is transferred in full to the Consumer as of the placement of the Reservation.  From then on, the Consumer shall bear the risk of, amongst other things, loss, theft and partial or total destruction of the goods, including in the event of force majeure. 

7.2 Up until the delivery and final acceptance of the Product by the Consumer, the Consumer is expressly prohibited from using the Products as a means of payment, to pawn them or to encumber them with any other security right.

 

Artikel 8. Distance contracts

8.1If the purchase of the Products by the Consumer takes place remotely, i.e. via the web store, the Consumer has a right of withdrawal of 14 (fourteen) days. This period shall start on the day of delivery.

8.2 The right of withdrawal can be exercised by a written communication to Toadi by means of the standard withdrawal form (https://economie.fgov.be/sites/default/files/Files/Forms/Formulier-herroeping.pdf). The Consumer can return or exchange the purchased Products without providing a reason under the condition that the Products are in their original state and undamaged, that no labels have been removed and upon presentation of a valid proof of purchase by the Consumer.

8.3 If the Consumer wishes to invoke the right of withdrawal, the Products must be returned by the Consumer within a period of 14 (fourteen) days after notification in accordance with article 8.2, in the original packaging and in accordance with the conditions stipulated in article 9. Toadi shall reimburse the Consumer within 14 days following the day of confirmation of the return, minus an administrative cost of 10% of the price of the Product

 

Artikel 9. Return shipments

9.1 The risks associated with a return shipment are entirely for the Consumer. Any return must be packaged in accordance with Toadi's shipping guidelines, in particular that the package is traceable and adequately protected, whereby the Product(s) are not able to move freely.

9.2All costs related to a return shipment are at the expense of the Consumer, with the exception of a return if damage to the Product was detected at the time of delivery or if an incorrect Product was delivered. The return costs will then be reimbursed by Toadi and the replacement Product will be shipped as soon as possible and free of charge.

9.3Except for legal obligations, Toadi will not take back Products whose nature, characteristics and / or operation were changed by the Consumer.

 

Artikel 10. Warranty

10.1Any complaint regarding a lack of conformity of the Product upon its delivery with the Reservation, which manifests within a period of 2 (two) years from delivery, must be reported in writing to Toadi within the period of 2 (two) months from the detection of the defect. In the absence of this, the Consumer loses his right to make a claim for non-conformity against Toadi.

10.2Any written notification to Toadi as described above shall include a detailed statement of the non-conformity.

10.3 The Consumer may choose between free repair or replacement of the Product. If neither repair nor replacement appear to be possible, the Consumer may claim a price reduction or the dissolution of the contract.

10.4The Products must be returned in accordance with article 9.

 

Artikel 11. Liability

11.1Toadi's liability to the Consumer is limited to the fulfillment of its legal and contractual obligations.

11.2If and to the extent that Toadi nevertheless has any further liability towards the Consumer, for whatever reason, this liability is in any case limited to the amount of the Reservation.

 

Artikel 12. User Guide

The Consumer agrees to comply with the instructions provided in the User Guide in order to make optimal and safe use of the Products.

 

Artikel 13. Intellectual property rights

All intellectual property rights (such as for example: copyrights, logos, word marks, patents) on the Products, texts, images and all other creations of Toadi, remain the exclusive property of Toadi. Any reproduction, in whole or in part, of the catalog, the website or any other publication on- or offline of Toadi is strictly prohibited, except with prior written consent.

 

Artikel 14. Productinformation

14.1Toadi describes its Products in detail, including all their essential characteristics, so that the Consumer can make his reservation in an informed manner.

14.2The information, texts, photos and illustrations with which the Products are presented are purely informative and in no case constitute binding documents. Toadi cannot be held responsible if the information, texts, photos or illustrations provided contain errors or omissions. Toadi warns the Consumer that, depending on the tool used to view the photos or illustrations, color, size, texture or material of the Products on the website may differ from reality and that Toadi shall not be held liable in any way in this regard.

 

Artikel 15. Privacy policy

15.1Toadi treats the Consumer's data strictly confidential, in accordance with European Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 EC (General Data Protection Regulation). Among other things, the Consumer has the right to access and correct his data. For further information, the Consumer may contact the Data Protection Authority (Rue de la Presse 35, 1000 Brussels, Tel +32 (0)2 274 48 00, Fax +32 (0)2 274 48 35, e-mail: contact@apd-gba.be). For more information, please see our Privacy Policy (see www.eeve.com/privacy-policy).

15.2Like many other websites, our websites use cookies (hereinafter "Cookies"). Cookies are mini-files of information sent to your computer by an organization and stored on your hard drive so that the website recognizes you when you visit. For more information, please see our Cookie Policy (see www.eeve.com/cookie-policy).

15.3 Consumers can visit Toadi's website without having to provide personal data. Personal data is provided by the Consumer voluntarily, for example when a Reservation is placed, when signing up for a newsletter or when using similar functions.

 

Artikel 16. Governing law and forum

16.1All agreements between Toadi and the Consumer are exclusively gouverned by Belgian law.

16.2 All disputes between the are to be submitted to the exclusive jurisdiction of the competent courts with jurisdiction over the place where Toadi's registered office is located.

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