GENERAL TERMS AND CONDITIONS OF WWW.EFFICANO.COM
The owner of the Store [hereinafter the Seller] is:
SMEXI established in (6431HJ) Hoensbroek at Kouvenderstraat 200, Chamber of
Commerce (KVK): 82311668
Email: contact@efficano.com
VAT identification number: NL003670787B26.
The online store [hereinafter the Store] sells via the Internet on the basis of these General Terms
and Conditions [hereinafter Regulations].
The client [hereinafter the Client] may be:
- An adult natural person with full legal capacity, residing in the Netherlands or in the European Union,
- An adult natural person running a business based in the Netherlands or in the European Union,
- A legal person or an organizational unit without legal personality, to which the law grants
legal capacity, based in the Netherlands or in the European Union, which is authorized to make
decisions and incur liabilities on behalf of the entity,
- A minor acting with the consent of a parent or legal guardian.
The consumer [hereinafter the Consumer] is a natural person who performs a legal transaction
with the Store not directly related to its business or professional activity.
An entrepreneur [hereinafter Entrepreneur] is a natural person conducting business activity
subject to an entry in the Central Register and Information on Economic Activity (CEiDG)
performing a legal transaction (concluding a purchase / sale contract) directly related to its
business or professional activity, when the content of the concluded contract it follows that it does
not have a professional character for the Entrepreneur. The professional nature results from the
subject of the business activity, in particular from the PKD numbers.
The Goods [hereinafter Goods] are a movable item available in the Store which is the subject of
the purchase and sale agreement between the Store and the Customer.
The General Terms and Conditions are an integral part of the sales contract concluded with the
Customer.
The prices given in the Store are final prices (they include all taxes).
The goods available in the Store are new and free from physical and legal defects. The exception
are goods with clearly marked defects and traces of use.
All rights to the Store, including proprietary copyrights, intellectual property rights to its name, its
Internet domain, the Store's Website, as well as to patterns, forms, logos posted on the Store's
Website (except for logos and photos presented on the Website) Store for the purpose of
presenting goods, the copyrights of which belong to third parties) belong to the Seller, and their
use may only take place in the manner specified and in accordance with the General Terms and
Conditions and with the consent of the Seller expressed in writing.
The Store, to the fullest extent permitted by law, shall not be liable for damages resulting from
disruptions, including interruptions in the functioning of the Online Store, for reasons beyond its
control, in particular force majeure, unlawful actions of third parties or incompatibility of the
Online Store with the end device and system. Customer's IT department.
ORDERS
1. Orders can be placed via interactive forms available on the Store's website (customer's basket).
2. The condition for the order to be fulfilled is to provide data allowing for the verification of the
customer and the recipient of the goods. The store confirms the acceptance of the order by
sending a message describing the subject of the order to the e-mail address provided when
placing the order. If the Customer provides incomplete, incorrect, contradictory information
when placing the order, the Store will contact the Customer to remove the errors. By placing an
order, the Customer submits an offer to conclude a sales contract for the ordered goods.
3. The parties are bound by the information visible on the Store's website next to the purchased
goods at the time of placing the order.
4. After placing the order, it is verified. Then, the Store sends to the e-mail address provided by
the Customer information about the acceptance of the order for execution and its subsequent
stages. Information about the acceptance of the order for execution is the Seller's declaration
of acceptance of the offer referred to in §3 para. 2 and upon its receipt by the Customer, a
Sales Agreement is concluded. After concluding the Sales Agreement, the Store confirms its
terms to the Customer by sending them to the e-mail address.
PAYMENTS
1. Shipment prices are specified in the order summary.
2. The condition for the release of the goods is payment for the goods and shipment.
3. The customer is obliged to settle the amounts due under the concluded contract, regardless of
the chosen method of payment and delivery.
4. In the event of failure by the Customer to pay for the goods within 7 days from the date of
conclusion of the contract, the Store will call the Customer to collect and pay for the goods,
setting a deadline for the fulfillment of the obligation. In the event of failure to settle the
amount due under the contract within the prescribed period, the Store may withdraw from the
sales contract.
5. The order completion date is counted from the moment when the funds for the order are
credited to the Store's bank account or from the moment of positive payment authorization.
DELIVERY
1. The ordered goods are sent by the Store via courier companies.
2. In the case of sending the goods to the place of destination via a carrier, the Customer is
obliged to inspect the shipment in time and in the manner accepted for such shipments; if he
has found that there has been a loss or damage to the Goods during transport, he is obliged to
perform all actions necessary to determine the liability of the carrier.
THE RIGHT TO WITHDRAW FROM THE CONTRACT
1. The Consumer / Entrepreneur has the right to withdraw from the contract without giving any
reason.
2. Withdrawal from the contract is effective if the Consumer / Entrepreneur submits a declaration
of withdrawal from the contract within 14 days from the date of delivery of the goods. To meet
the deadline, it is enough to submit a statement before its expiry. The form of submitting the
declaration can be any, e.g.
The statement may be submitted on the form, the specimen of which is attached as Annex
1 to the General Terms and Conditions,
By e-mail to the address provided in paragraph 1 of these General Terms and Conditions,
By letter to the address provided in paragraph 1 of these General Terms and Conditions.
3. The Consumer / Entrepreneur returns the goods to the Store within 14 days of submitting the
declaration of withdrawal from the contract at his own expense.
4. The store returns the funds within 14 days from the date of receipt of the statement. The Store
may withhold the reimbursement until the Goods are received back or the Consumer /
Entrepreneur provides proof of its return, depending on which event occurs first.
5. The store returns the funds using the same method of payment as used by the Consumer /
Entrepreneur. In the case of payment by a payment card, the refund is made to the card
account.
6. If the Consumer / Entrepreneur chose a method of delivery of the item other than the cheapest
offered by the Store, the Store will not reimburse the Consumer / Entrepreneur for the
additional costs incurred by him. The store will only refund the cost of the cheapest delivery of
the item to the Consumer / Entrepreneur.
7. The Consumer / Entrepreneur covers all direct costs of returning the Goods (eg packaging,
security, shipping costs).
8. The right of withdrawal is not entitled to the Consumer / Entrepreneur in the case of contracts:
For the provision of accommodation services, other than for residential purposes,
transport of goods, car rental, catering, services related to leisure, entertainment, sports
or cultural events, if the contract specifies the day or period of service provision (e.g.
concert tickets, events, events);
On the provision of services, if the Store has fully performed the service with the express
consent of the Consumer / Entrepreneur, who was informed before the service begins that
after the performance of the service by the Store, he will lose the right to withdraw from
the contract;
In which the subject of the service is the Goods delivered in a sealed package, which
cannot be returned after opening the package due to health protection or hygiene
reasons, if the packaging has been opened after delivery;
In which the subject of the service is non-prefabricated Goods, manufactured according to
the specifications of the Consumer / Entrepreneur or serving to satisfy his individual
needs;
Delivery of digital content that is not recorded on a tangible medium, if the performance
began with the express consent of the Consumer / Entrepreneur before the deadline to
withdraw from the contract and after informing him by the Store about the loss of the
right to withdraw from the contract;
In which the subject of the service are Goods that after delivery, due to their nature, are
inseparably connected with other Goods.
9. In the event of withdrawal from a distance contract or a contract concluded outside the
business premises, the contract is considered not concluded.
10. The Consumer / Entrepreneur is responsible for the decrease in the value of the Product as a
result of using it in a way that goes beyond what is necessary to establish the nature,
characteristics and functioning.
SERVICES PROVIDED ELECTRONICALLY
1. The Store provides the following Electronic Services via the Online Store:
Customer Account, under which information about Customer's Orders is collected;
an interactive form that allows the Customer to place an Order;
enabling Customers to view and read the Content provided by the Service Provider free of
charge via the Online Store;
Newsletter.
2. The Store undertakes to provide Electronic Services referred to in paragraph 1 above, to the
extent and under the conditions set out in these General Terms and Conditions.
3. The provision of Electronic Services by the Store is free of charge.
4. The Store reserves the right to choose and change the type, form, time and method of granting
access to selected services mentioned, about which he will inform the Customers in a manner
appropriate to the amendment of the General Terms and Conditions.
5. The Customer who has registered may submit a request to the Store to delete the Customer
Account, but in the event of a request to delete the Customer Account by the Store, it may be
deleted up to 14 days from the request.
6. The Store is entitled to block access to the Customer Account and free services, in the event of
the Customer acting to the detriment of the Store or other Customers, breach by the Customer
of the law or the provisions of the General Terms and Conditions, and also when blocking
access to the Customer Account and free services is justified for security reasons - in particular:
breaking the security of the Store Website by the Customer or other hacking activities. Blocking
access to the Customer Account and free services for the above-mentioned reasons lasts for
the period necessary to resolve the issue constituting the basis for blocking access to the
Customer Account and free services. The Store shall notify the Customer about blocking access
to the Customer Account and free services by electronic means to the address provided by the
Customer in the registration form.
COMPLAINTS
1. In the event of non-compliance of the goods with the contract, the Consumer should report the
defect together with a description of the non-compliance to the address provided in first
paragraph
2. The Store will respond to the Consumer's complaint within 14 days of receiving the complaint.
3. The Store will respond to the Consumer's requests within 14 days of receiving the request.
4. The shop may refuse requests to replace or repair the goods, provided that the replacement or
repair of the goods is impossible or would require excessive costs compared to the second
possible request. In such a case, the store will propose an alternative solution.
