General conditions
These General Terms and Conditions are used by:
Dryluxe - Emtra
Beechavenue 54-80
1119 PW SCHIPHOL-RIJK
The Netherlands
Registered in the trade register at the Amsterdam Chamber of Commerce under number 63430487, VAT number of NL 855233138B01.
Emtra can be reached by phone at +31 (0) 20 6586150 and further to be reached by email by sending an email to [email protected].
Article 1 Definitions
Words used in these Terms and Conditions, in singular or plural, beginning with a capital letter, shall have the meaning of the words in italics as defined below in this Article.
1.1 General Terms and Conditions: these general terms and conditions.
1.2 Order Procedure: the procedure, which Customer goes through interactively on the Website, to order Goods.
1.3 Client: the counterparty of Emtra with whom Emtra enters into an Agreement.
1.4 Agreement: agreement, of which the General Conditions form an integral part, concerning the purchase and delivery of Goods.
1.5 Parties: Emtra and Customer jointly.
1.6 Emtra: the party serving General Conditions, also the other party of Client.
1.7 Website: de website van Emtra, te vinden onder de URL <http://www.emtra.eu>.
1.8 Goods: goods which Emtra offers on its Website, which goods Customer can order.
Article 2 Applicability
2.1 The General Terms and Conditions apply to all Agreements, any (email) newsletters, the Website, the Order Procedure as well as contacts and/or (legal) acts between the Parties.
2.2 Applicability of general delivery or payment terms and/or other general or special terms of Customer is expressly excluded.
Article 3 Formation of Agreement
3.1 The Goods offered on the Website with corresponding prices are considered a non-binding offer, which can be accepted by Customer by going through and completing the entire Order procedure.
3.2 Emtra does not guarantee that the offer as referred to above is without errors and/or omissions. Printing and typesetting errors are therefore expressly reserved and can be a reason not to uphold the Agreement. If Emtra decides to do so, it will let Client know immediately.
3.3 If for any reason whatsoever, including the situation as intended in the last sentence of the preceding paragraph, the Agreement is not concluded, or is dissolved, Emtra will take care that -if an advance payment has been made by the Client- the paid amounts, including the initial shipping costs, will be refunded to the Client as soon as possible. This refund will in any case be within 30 (thirty) days.
Article 4 Prices and payment
4.1 Prices as listed on the Website are exclusive of VAT, and inclusive of other government imposed taxes. Prices do not include shipping costs. These will be charged to Customer during the Order process.
4.2 Emtra is entitled to adjust prices at any time. The latter does not affect ongoing Agreements which will be executed at the agreed prices in case of price increases.
4.3 Amounts due may be paid by Customer in three different ways:
a. by electronic prepayment (during Order Procedure);
b. by prepayment by bank transfer (through the Bank);
c. or by payment to the mail carrier if and to the extent "cash on delivery" is selected by Customer during the Order process.
Article 5 Delivery period
5.1 The delivery times as stated on the Website and as well as in confirmation emails are indicative.
Article 6 Right of withdrawal
6.1 The Client has the right to return the delivered Goods to Emtra within 30 days of receipt, without giving reasons:
a. Items are in the original and unopened packaging and have not been used;.
b. the Goods are returned at Customer's expense, packages not sufficiently stamped will not be accepted by Emtra;
c. Client is solely responsible for the method of shipment and for the risk of the package -and this responsibility and risk are hereby accepted by Client- until Emtra has received it.
6.2 Revocation shall be considered as a resolutive condition whereby the Customer is entitled to a refund of what has already been paid. Article 3.3 shall apply mutatis mutandis in the event of revocation.
Article 7 Claims
7.1 If and as far as in Client's opinion the properties of the Goods do not comply with the Agreement, Client shall consult with Emtra after which Client is entitled to return the Goods to Emtra provided:
a. Client has immediately inspected the delivered goods upon receipt and has indicated any defects to Emtra in writing within a reasonable time;
b. the contact page is completed and sent https://dryluxe.eu/pages/contact-dryluxe
c. the Goods are returned at Customer's expense, packages not sufficiently stamped will not be accepted by Emtra;
d. Client is solely responsible for the method of shipment and for the risk of the package -and this responsibility and risk are hereby accepted by Client- until Emtra has received it.
7.2 If after Emtra's investigation it appears that the properties of the Goods do meet the Agreement, Emtra will consult with Client.
7.3 If, after investigation by Emtra, it indeed appears that the conformity (meaning that the delivered Good must possess the characteristics that the Customer may expect on the basis of the Agreement under normal use) does not comply with the Agreement, the Customer is entitled to a replacement Good, if still deliverable, and restitution of the shipping costs as meant under b of article 7.1. Should the replacement Good not be available, the Customer is entitled to:
a. the selection of a replacement Good to the value of the Good which did not meet the requirements, if the selected Good is more expensive than the Good which did not meet the requirements, the Client shall pay the difference in price, if the selected Good is cheaper than the Good which did not meet the requirements, the Client shall be refunded the difference in price, whereby the last sentence of article 3.3 shall apply accordingly;
b. restitution of value of the Good which counts as (partial) dissolution of the Agreement whereby the last sentence of Article 3.3 applies accordingly.
7.4 Where in the preceding paragraph reference is made to the value of the Good, the price agreed in the Agreement is meant.
7.5 During the period referred to in Article 6.1, the Customer may also exercise the right granted in that Article. However, with a completed complaint form, the procedure as in this article is assumed.
Article 8 Processing of personal data
8.1 If and to the extent personal data of Customer is processed, such processing applies only to:
a. perform and enforce the Agreement;
b. subject to the limitation of the following paragraph, to inform the Customer about (new) products and services of Emtra.
8.2 For sending commercial expressions via electronic means to Clients (such as for example, but not exclusively e-mail newsletters and SMS messages) as referred to in the preceding paragraph under b, the Client's express permission is requested during the Order procedure, and only if this permission is granted by the Client will Emtra send these expressions.
8.3 The Client is at all times entitled to have access to its personal data free of charge and to have these data adjusted by Emtra in case of inaccuracies if so desired.
Article 9 Applicable law, complaints and disputes
9.1 The Agreement and further, resulting agreements are governed by Dutch law.
9.2 If and insofar as there is a complaint, Client shall contact Emtra, which contact can be by telephone, in writing or electronically. The contact data which can be used for this are mentioned at the top of these General Conditions. Emtra will respond to a complaint as referred to above within 30 (thirty) working days at the latest.
9.3 This Agreement shall be governed by Dutch law and submitted to a competent court in Amsterdam, unless under mandatory law another Dutch court applies
Article 10 Other provisions
10.1 Emtra is authorized at all times to modify these General Conditions. Current Agreements will be fulfilled under the old agreed conditions after modification of the General Conditions.
10.2 If and insofar as log-in data have been provided by Emtra for the Order procedure, Client takes care of these data himself. These data are strictly personal and may under no circumstances be transferred. Client is himself responsible for the consequences of careless handling of these data.