Terms and Conditions

These terms and conditions shall enter into force on November 10, 2020

Table of Contents

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and associated costs
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Compliance and extra warranty
Article 13 – Delivery and execution
Article 14 – Continuing performance contracts
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Annex I: Model withdrawal form

Article 1 – Definitions

Cooling-off period: the period within which the consumer may exercise their right of withdrawal.

Consumer: the natural person who is not acting in the context of a professional activity.

Day: calendar day.

Supplementary agreement: An agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are provided by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur.

Continuing performance contract: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time.

Durable medium: any instrument which enables the consumer or entrepreneur to store information addressed personally to them in a way accessible for future reference and unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period.

Entrepreneur: the natural or legal person who is a member of Ecovery.be and offers products and/or services and/or digital content to consumers at a distance.

Distance contract: an agreement whereby exclusive use is made of one or more techniques for distance communication.

Digital content: data produced and supplied in digital form.

Technique for distance communication: means that can be used for concluding an agreement without the consumer and entrepreneur having to meet simultaneously in the same room

Article 2 – Identity of the entrepreneur

Statutory name: Motion Planet bv
Address: Industriestraat 5, 8755 Ruiselede
Tel: 0032 476 49 09 04 (between 8:30 AM and 5:00 PM on business days)
Email: info@motionplanet.be
KBO number: 0684514845
VAT identification number: BE0684514845

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that 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, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge at the consumer’s request, either electronically or by other means.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this shall be expressly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered.
Obvious mistakes or 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 the acceptance of the offer. This concerns in particular:
– the price including taxes;
– any costs of delivery;
– the manner in which the agreement will be concluded and what actions are required for this;
– whether or not the right of withdrawal applies;
– the method of payment, delivery, or execution of the agreement;
– the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
– the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate;
– whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
– the way in which the consumer, before concluding the agreement, can check the data they have provided and, if desired, correct them;
– any languages in which, besides Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
– the minimum duration of the distance contract in the case of a contract for the continuous or periodic delivery of products or services.
The offer consists of ecological structures, nature conservation products, garden animal feed, and fieldwork equipment.

Article 5 – Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures for this purpose.
The entrepreneur may—within statutory frameworks—ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has sound reasons not to enter into the agreement, they are entitled to refuse an order or application, stating reasons, or to attach special conditions to the execution.
The entrepreneur shall send the following information to the consumer at the latest upon delivery of the product, service, or digital content, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
– the visiting address of the entrepreneur’s place of business where the consumer can lodge complaints;
– the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
– information about warranties and existing after-sales service;
– the price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract;
– the requirements for terminating the agreement if the agreement 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 continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

1. Upon delivery of products:

The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige them to state their reason(s).
The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance who is not the carrier, has received the product, or: a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. Provided that they have clearly informed the consumer about this prior to the ordering process, the entrepreneur may refuse an order for multiple products with different delivery times. b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or part; c. in the case of agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

For services and digital content not supplied on a tangible medium:
The consumer can dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige them to state their reason(s).
The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services, and digital content not supplied on a tangible medium in case of failure to inform about the right of withdrawal:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period shall expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer shall handle the product and the packaging with care. They shall only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
The consumer is only liable for any diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.
The consumer is not liable for any diminished value of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and associated costs

If the consumer exercises their right of withdrawal, they shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner. The model form is attached as an annex to the General Terms and Conditions.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has in any case observed the return period if they return the product before the cooling-off period has expired.
The consumer shall return the product with all delivered accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer shall bear the direct costs of returning the product. If the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the return costs.

Article 9 – Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes it possible for the consumer to notify the withdrawal electronically, they shall send an acknowledgment of receipt immediately after receiving this notification.
The entrepreneur shall reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait with the reimbursement until they have received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.
The entrepreneur shall use the same means of payment that the consumer used for the reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the agreement:

Service agreements, after full performance of the service, but only if:
the performance has begun with the consumer’s express prior consent; and
the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
Products manufactured according to the consumer’s specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Products which, after delivery, are by their nature inseparably mixed with other products;
Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
The supply of digital content other than on a tangible medium, but only if:
the performance has begun with the consumer’s express prior consent; and
the consumer has declared that they thereby lose their right of withdrawal.
6. Products whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
7. For audio and video recordings of which the consumer has broken the seal;

Article 11 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. This link to fluctuations and the fact that any prices mentioned are target prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
these are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
In the event of a technical error regarding the display of the price, the entrepreneur shall only be bound if the displayed price could reasonably be expected for the product or service.

Article 12 – Compliance with the agreement and extra warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An extra warranty provided by the entrepreneur, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
Extra warranty means any commitment by the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in case they have failed to fulfill their part of the agreement.

Article 13 – Delivery and execution

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in Article 4 of these general terms and conditions, the company shall execute accepted orders with convenient speed but at the latest within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be notified of this at the latest one month after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge, to request an equivalent replacement product, or to obtain any compensation for damages.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur shall make every effort to provide a replacement item. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of return shipment are in this case borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 14 – Continuing performance contracts

The consumer may terminate an agreement entered into for an indefinite period at any time, subject to the agreed termination rules and a notice period of no more than one month.
An agreement entered into for a definite period has a maximum term of two years. If it has been agreed that the distance contract will be extended in the event of silence by the consumer, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.

Article 15 – Payment

Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, a partial or full advance payment may be stipulated in the general terms and conditions (during the withdrawal period). When advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has taken place.
The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
If the consumer does not fulfill their payment obligation(s) on time, they are, after being pointed out by the entrepreneur of the late payment and after the entrepreneur has granted the consumer a period of 14 days to still fulfill their payment obligations, after the failure to pay within this 14-day period, liable for the statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the subsequent €2,500 and 5% on the next €5,000 with a minimum of €40. The entrepreneur may deviate from the stated amounts and percentages in favor of the consumer.

Article 16 – Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
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 an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
A complaint about a product, service, or the entrepreneur’s service can also be submitted via an email to the address info@motionplanet.be.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 17 – Disputes

Agreements between the entrepreneur and the consumer are exclusively governed by Belgian law, to the extent that international private law permits this.
Further information regarding disputes can be consulted on the European Commission’s ODR platform http://ec.europa.eu/odr/

Article 18 – Privacy Statement

What data do we collect?

Through our website, we collect the following personal data when you fill out our contact form:

First name and last name
Company name (optional)
Street name and number
Postal code and municipality
Email address
Any additional comments

Technical data such as IP address and browser information may also be automatically recorded (via server logs or security plugins).

Why do we collect this data?

We process your data to:

Respond to your message or request
Be able to contact you correctly or provide quotes
Improve our services
Comply with legal obligations

We only process your data based on your consent (when sending the form) or a legitimate interest (communication in the context of an existing relationship).

Is your data shared?

Your data is only shared with:

Our hosting provider (for secure storage)
Any service providers with whom we have a processing agreement (e.g., website administrator)

We never sell or rent your data to third parties.

How long do we keep your data?

We do not keep your data longer than necessary:

Form data: max. 1 year after last contact (unless you become a customer)
Technical log data: maximum 30 days, unless needed for security investigation

Your rights

You have the right to:

Access, correct, or have your data deleted
Withdraw your consent
Object to processing
File a complaint with the Data Protection Authority (www.dataprotectionauthority.be)

Submit a request? Email us at info@ecovery.be.

How do we protect your data?

We take appropriate technical and organizational measures:

Secure SSL connection on the website
Secure access to our email and server
Processing agreements with our partners

Our website only uses functional cookies and analytical cookies without personal identification. Consult our cookie policy for more info.

Changes

We reserve the right to adjust this statement. The latest version is always available on this page.

Annex I: Model withdrawal form

Model withdrawal form

(only fill in and return this form if you wish to withdraw from the agreement)

– To: [name of entrepreneur] [geographical address of entrepreneur] [fax number of entrepreneur, if available] [email address or electronic address of entrepreneur]

– I/We* hereby notify you that I/we* withdraw from our agreement regarding

the sale of the following products: [aanduiding product]*

the delivery of the following digital content: [aanduiding digitale inhoud]*

the performance of the following service: [aanduiding dienst]*,

withdraw/withdraw*

– Ordered on*/received on* [datum bestelling bij diensten of ontvangst bij producten]

– [Name of consumer(s)]

– [Address of consumer(s)]

– [Signature of consumer(s)] (only if this form is submitted on paper)

* Delete as appropriate or fill in as appropriate

Terms and Conditions

Legal