General Terms & Conditions
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 EEVE, with registered office in 8790 Waregem, Eugène Bekaertlaan 61, Belgium, 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 EEVE.
The General Terms and Conditions together with the Privacy Policy, Cookie Policy and End User License Agreement form the agreement between EEVE and the Consumer. The agreement can be further completed with specific agreements between the parties. The Privacy Policy can be found here, the Cookie Policy here and the End User License Agreement here - 1.3 EEVE reserves the right to change the Terms and Conditions. If necessary, EEVE 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.
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.
3. Products
- 3.1 EEVE develops, manufactures and sells Personal Robots with camera, whose functions include grass cutting and garden security (hereinafter: "Product" or "Products"). EEVE has developed a software application that is required to use and control the Product remotely (hereinafter: "App").
- 3.2 If EEVE, for example due to insufficient availability of the Products or due to force majeure, is not able to fulfill the reservation or order, EEVE will contact the Consumer as soon as possible and the Consumer has the possibility to change or cancel the order free of charge.
4. Reservations and Orders
- 4.1 In order to reserve and order a Product through the web store (www.eeve.com), the Consumer must provide EEVE 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 EEVE 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, EEVE 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 EEVE's computer files, which are kept on a secure and durable data carrier. - 4.3 EEVE 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 EEVE 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.
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, EEVE 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 EEVE 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. - 5.5The Consumer pays the advance payment upon Reservation. The balance is to be paid at the time of the Order.
6. Delivery
- 6.1 EEVE 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, EEVE 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 EEVE 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 EEVE.
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 EEVE 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.
8. Distance contracts
- 8.1 If 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 EEVE by means of the standard withdrawal form Economie. 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. EEVE shall reimburse the Consumer within 14 days following the day of confirmation of the return.
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 EEVE's shipping guidelines, in particular that the package is traceable and adequately protected, whereby the Product(s) are not able to move freely.
- 9.2 All 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 EEVE and the replacement Product will be shipped as soon as possible and free of charge.
- 9.3 Except for legal obligations, EEVE will not take back Products whose nature, characteristics and / or operation were changed by the Consumer.
10. Warranty
- 10.1 Any 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 EEVE 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 EEVE.
- 10.2 Any written notification to EEVE 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.
- 10.4 The Products must be returned in accordance with article 9.
11. Liability
- 11.1 EEVE's liability to the Consumer is limited to the fulfillment of its legal and contractual obligations.
- 11.2 If and to the extent that EEVE nevertheless has any further liability towards the Consumer, for whatever reason, this liability is in any case limited to the amount of the Reservation.
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.
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 EEVE, remain the exclusive property of EEVE. Any reproduction, in whole or in part, of the catalog, the website or any other publication on- or offline of EEVE is strictly prohibited, except with prior written consent.
14. Product Information
- 14.1 EEVE describes its Products in detail, including all their essential characteristics, so that the Consumer can make his reservation in an informed manner.
- 14.2 The information, texts, photos and illustrations with which the Products are presented are purely informative and in no case constitute binding documents. EEVE cannot be held responsible if the information, texts, photos or illustrations provided contain errors or omissions. EEVE 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 EEVE shall not be held liable in any way in this regard.
15. Privacy policy
- 15.1 EEVE 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.
- 15.2 Like 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.
- 15.3 Consumers can visit EEVE'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.
16. Governing law and forum
- 16.1 All agreements between EEVE 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 EEVE's registered office is located.