Eastbound Terms and Conditions of Sale;

Contents:
Article 1 – Definitions
Article 2 – Identity of Company
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of cancellation
Article 7 – Obligations of the Consumer during the cooling down period
Article 8 – Exercise of the right of cancellation by the Consumer and the costs thereof
Article 9 – Obligations of the Company upon cancellation
Article 10 – Exclusion of right of cancellation
Article 11 – The price
Article 12 – Compliance of agreement, warranty and additional warranty
Article 13 – Delivery and execution
Article 14 – Duration agreements: duration, termination and extension
Article 15 – Payment Methods
Article 16 – Complaints
Article 17 – Disputes & Claims

Article 18 – Additional or derogatory provisions

Article 1 – Definitions


These terms and conditions include:

  1. Agreement: The Remote Agreement.
  2. Additional Agreement: An agreement whereby the Consumer acquires products, digital content and / or services in connection with a Remote Agreement and these business, digital content and / or services are provided by the Company or by a third party based on an Agreement between the third party and the Company;
  3. Cooling Down period: The period in which Consumers can exercise their right to cancel the order;
  4. Company: Eastbount, the manufacturer and seller of the MotoWinch.
  5. Consumer: The natural person who does not trade for purposes related to his commercial, business, craft or professional activity;
  6. Day: calendar day;
  7. Digital Content: data produced and delivered in digital form;
  8. Duration Agreement: an agreement that provides for the regular supply of goods, services and / or digital content for a certain period of time;
  9. Product: The MotoWinch
  10. Sustainable Data Carrier: any tool – including e-mail – that allows the Consumer or Company to store information directed to him personally in a manner that allows future consultation or use over a period of time tailored to the purpose for which the information is intended and allows for unmodified reproduction of the stored information;
  11. Right of Cancellation: The possibility for the Consumer to cancel the Remote Agreement within the Cooling Down period;
  12. Company: The natural or legal person who offers products, (access to) digital content and / or remote services to Consumers;
  13. Remote Agreement: An agreement concluded between the Company and the Consumer within the framework of an organized remote marketing system, digital content and / or services, which, until the conclusion of the agreement, is exclusively or jointly established though one or more remote communication techniques;
  14. Sample Return Form: the Sample Return Form as attached to these Terms or available through the website.
  15. Remote communication technology: means that can be used to conclude an agreement without the need for Consumers and Company to be in the same space simultaneously.

Article 2 – Identity of Company

Eastbound is 100% owned and operated by E.E. (Noel) Di Pietro
Address: Gerard Doustraat 126, 6717 MN Ede, Netherlands.

Chamber of Commerce number: 69505500
VAT number: “on request”

Eastbound is available by telephone on working days between 09:00h – 17:00h on Saturdays from 09:00h till 13:00h on  +316 36551551 (Noel Di Pietro)

Eastbound can be reached via email at [email protected]

Article 3 – Applicability

  1. These terms and conditions apply to any offer of the Company and to any agreement reached between the Company and the Consumer.
  2. Before the Remote Agreement is concluded, the text of these terms and conditions will be made available to the Consumer. If this is not reasonably possible, the Company will, prior to the conclusion of the agreement, indicate the manner in which the terms and conditions of the Company will be met and that they will be sent free of charge at the request of the Consumer as soon as possible.
  3. If the Remote Agreement is concluded electronically, by way of deviation from the preceding paragraph and before the Remote Agreement is concluded, the text of these terms and conditions may be made available electronically to the Consumer in such a way that it can easily be stored by Consumer on a durable data carrier. If this is not reasonably possible, before the Remote Agreement is concluded, the terms of the general terms and conditions will be notified electronically and if requested that they will be sent free of charge electronically or otherwise to the Consumer.
  4. In the event that  specific product or service terms apply, in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of contradictory terms, the Consumer may always rely on the applicable provision which is the most appropriate for him.

Article 4 – The offer

  1. If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and / or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the Consumer. If the Company uses images, they are a true faithful representation of the offered products, services and / or digital content. Apparent mistakes or manifest errors in the offer do not bind the Company.
  3. Each offer contains such information that it is clear to the Consumer what the rights and obligations are attached to the acceptance of the offer.

Article 5 – The agreement

  1. Subject to the provisions of paragraph 4, the agreement shall be concluded at the time of acceptance by the Consumer of the offer and compliance with the conditions attached thereto.
  2. If the Consumer has accepted the offer by electronic means, the Company immediately confirms receipt of acceptance of the offer by electronic means. As long as receipt of this acceptance has not been confirmed by the Company, the Consumer can cancel the agreement.
  3. If the agreement is established electronically, the Company finds appropriate technical and organizational measures to ensure the electronic transmission of data and ensures a secure web environment. If the Consumer can pay electronically, the Company will take appropriate safety measures.
  4. The Company may, within legal frameworks, inform whether the Consumer is able to meet his payment obligations, as well as all the facts and factors that are relevant for the accountability of the remote agreement. If, on the basis of this investigation, the Company has good grounds for not entering into the agreement, he is entitled to refuse an order or application or to impose special conditions on the execution.
  5. The Company shall forward the following information, in writing or in such a way as to be accessible by the Consumer in an accessible manner to a sustainable data carrier, at the latest upon delivery of the product, service or digital content to the Consumer;
    1. The visiting address of the business owner’s location where the Consumer is entitled to complaints;
    2. The conditions under which and the manner in which the Consumer may use the right of cancellation or a clear notification of the exclusion of the right of cancellation;
    3. The information about guarantees and existing post-purchase service;
    4. The price including applicable taxes on the product, service or digital content; Where applicable the cost of delivery; And the manner of payment, delivery or performance of the remote agreement;
    5. The terms of cancellation of the agreement if the agreement has a duration of more than one year or indefinite duration;
    6. If the Consumer has a right of cancellation, the Sample Return Form
  6. In  the event of a long term agreement, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Cancellation


For products:

  1. The Consumer may cancel an order relating to the purchase of a product within a period of maximum 14 days without giving reasons. The Company may ask the Consumer for the reason for withdrawal, but will not oblige them to state their reasons.
  2. The cooling down period referred to in paragraph 1 shall commence on the day that Consumer, or a third party designated by the Consumer, who is not the carrier, received the product, or:
    1. If the Consumer has ordered multiple products in the same order: the date on which the Consumer, or a third party designated by him, received the last product. The Company may, if he has informed the Consumer clearly in advance of the ordering process, refuse an order of multiple products with a different delivery time.
    2. If the delivery of a product consists of different consignments or parts: the date on which the Consumer, or a third party designated by him, received the last consignment or the last item;
    3. For regular delivery of products for a certain period of time: the date on which the Consumer, or a third party designated by him, received the first product.

For services and digital content not provided on a material carrier:

  1. The Consumer may cancel a service agreement and a non-material delivery agreement within a maximum of 14 days without giving reasons. The Company may ask the Consumer for the reason for cancellation, but will not oblige them to state their reasons.
  2. The period referred to in paragraph 3 shall commence on the day of the conclusion of the agreement.

Extended cooling down of time for products, services and digital content not provided on a material basis in case of non-disclosure of cancellation rights:

  1. If the Company has not provided the Consumer with statutory information on the right of cancellation or the Sample Return Form, the cooling down period shall expire twelve months after the end of the original period of cooling down,determined in accordance with the previous paragraphs of this article.
    6. If the Company has provided the Consumer with the information referred to in the preceding paragraph within twelve months after the date of commencement of the original cooling down  period, the period of notice shall expire 14 days after the date on which the Consumer has received that information.

Article 7 – Obligations of the Consumer during the cooling down period

  1. During the cooling down period, the Consumer will carefully handle the product and the packaging. He will only extract or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The principle here is that the Consumer shall only handle and inspect the product as he should do in a store.
  2. The Consumer is solely responsible for impairment of the product resulting from a way of dealing with the product beyond that permitted in paragraph 1.
  3. The Consumer is not liable for impairment of the product if the Company has not provided him with all legally required information on the right of cancellation before or upon the conclusion of the agreement.

 Article 8 – Exercise of the right of cancellation by the Consumer and the costs thereof

  1. If the Consumer makes use of his right of cancellation, he will report this to the Company within the cooling down period by means of the Sample Return Form or in any other unambiguous way.
  2. As soon as possible, but within 7 days of 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 Company. This is not required if the Company has offered to collect the product himself. In any case, the Consumer has complied with the return period when he returns the product before the time has expired.
  3. The Consumer will ship the product back with all delivered accessories, in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Company.
  4. The risk and burden of proof for the right and timely exercise of the right of cancellation lies with the Consumer.
  5. The Consumer shall bear the direct cost of returning the product. If the Company has not reported that the Consumer has to bear these costs or if the Company decides to bear the costs himself, the Consumer does not have to bear the cost of returning.
  6. The Consumer shall not bear any costs for the full or partial delivery of non-material digital content provided that:
    1. He has not expressly consented to their delivery at the beginning of the fulfillment of the agreement before the end of the cooling down period;
    2. He has not recognized his loss of right of cancellation in granting his consent; or
    3. The Company has failed to confirm this Consumer statement.
  7. If the Consumer makes use of his right of cancellation, all additional agreements are terminated by law.

Article 9 – Obligations of the Company upon cancellation

  1. If the Company supports electronic notification of cancellation by Consumer, he will send a confirmation of receipt immediately upon receipt of this notification.
  2. The Company shall reimburse the Consumer all payments, excluding any delivery costs charged by the Company for the product, within 14 days following the day that the Company has received the product or Consumer demonstrates to the Company  that he has returned the product, whichever is earlier.
  3. The Company uses the same means of payment used by the Consumer for repayment unless the Consumer agrees with another method. The refund is free for the Consumer.
  4. If the Consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the Company does not have to pay back the additional cost for the more expensive method.
  5. Risk of damage and / or loss of products during return shipments are for Consumer. Repair and or replacement cost of the product will be deducted from return payment to Consumer. Documented proof of such cost will be provided to Consumer.

 Article 10 – Exclusion of right of cancellation.


The Company may exclude the following products and services from the right of cancellation, but only if the Company clearly stated this in the offer, at least in time and before the conclusion of the agreement:

  1. Products or services whose price is subject to fluctuations in the financial market on which the Company has no influence and which may occur within the period of cancellation;
  2. Agreements that are closed during a public auction. Public auction means a sales method whereby products, digital content and / or services are offered by the Company to the Consumer who is personally present or able to be personally present at the auction under the guidance of an auctioneer and in which the Successful bidder is obliged to assume ownership of the products, digital content and / or services;
  3. Services, after full execution of the service, but only if:
    1. The implementation has begun with explicit prior consent of the Consumer; and
    2. The Consumer has declared that he loses his right of cancellation once the Company has completed the agreement;
  4. Products manufactured according to Consumer 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 particular person;
  5. The delivery of digital content other than a material carrier, but only if:
    1. The implementation has begun with explicit prior consent of the Consumer; and
    2. The Consumer has declared that he is losing his right of withdrawal.

Article 11 – The price

  1. During the period of validity of the offer, the prices of the products and / or services offered will not be increased, with the exception of price changes due to changes in VAT rates.
  2. By way of deviation from the previous paragraph, the Company may offer products or services whose prices are subject to fluctuations in the financial market and where the Company is not affected by variable prices. This range of fluctuations and the fact that any prices quoted are target prices are stated in the offer.
  3. Price increases from 3 months after the conclusion of the agreement are only allowed if the Company has stated this and:
    1. These are due to statutory regulations or provisions; or
    2. The Consumer has the option to cancel the agreement as of the date of the price increase.
  4. Mentioned web shop prices of products or services are excluding VAT. Applicable VAT percentages are stated in final account before conclusion of the agreement.

Article 12 – Compliance of agreement, warranty and additional warranty

  1. The Company ensures that the products and / or services comply with the agreement, the specifications specified, the reasonable requirements of validity and / or usability and provisions and / or government regulations on the statutory date of the agreement .
  2. The warranty on the Product is one (1) year from date of shipment. Normal wear and tear of the individual parts is not covered by warranty.  Normal wear and tear includes but is not limited to; scratching of metalic surfaces, fraying of the strap, drying out of O-rings.
  3. A supplementary warranty provided by the Company, its supplier, manufacturer or importer never limits the legal rights and claims that the Consumer can make against the Company under the agreement if the Company fails to comply with his part of the agreement.
  4. Additional Warranty is understood to mean any commitment of the Company, its supplier, importer or producer in which it grants to the Consumer certain rights or claims that go beyond what is legally required for him in the event of failure to comply with his part of the agreement.

Article 13 – Delivery and execution

  1. The Company shall take the utmost care with regard to the receipt and execution of orders for products and in assessing applications for the provision of services.
  2. The place of delivery is the address which the Consumer has notified to the Company.
  3. Subject to what is stated in article 4 of these terms and conditions, the vendor will carry out accepted orders at an expedited rate, but no later than 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only partially, the Consumer will receive a notice of this within 30 days after placing the order. In that case, the Consumer has the right to cancel the agreement at no cost.
  4. After cancellation in accordance with the previous paragraph, the Company will repay the amount paid by the Consumer without delay.
  5. The risk of damage and / or loss of products rests with the Company until the time of delivery to the Consumer or a pre-designated representative, announced to the Company, unless explicitly agreed otherwise.
  6. Where goods are delivered with visible transport damage, please notify the carrier immediately and contact us as soon as possible. Failing to notify a claim or getting in contact with us will not carry any repercussions regarding your statutory warranty rights. By doing so, you will, however, help us to assert our own claims against the carrier or the transport insurer.
  7. Companies Products are in any case delivered to all EU countries. For a complete list of countries to which Company delivers, refer to; “Delivery and Payment Conditions”.

Article 14 – Duration Agreements: termination,  extension and duration

Termination:

  1. The Consumer may terminate an agreement for an indefinite period which includes the provision of scheduled products or services at any time, in accordance with agreed notice of termination and a notice period of no more than one month.
  2. Consumers may terminate a fixed-term agreement which aims at the scheduled delivery of products or services, at any time by the end of the specified period, in accordance with agreed notice of cancellation and a notice period of no more than one month.
  3. The Consumer has the right with respect the agreements mentioned in the previous paragraphs:
    1. to terminate at all times and not be restricted to termination at a particular time or in a specified period;
    2. to at least terminate in the same manner as they have been entered into by Consumer;
    3. to always terminate with the same notice period as the Company has negotiated for himself.

Extension:

  1. A fixed-term contract, which involves the regular delivery of products or services, may not be silently renewed or renewed for a certain period of time.
    5. An agreement entered into for a limited period of time, which provides for the regular delivery of products or services may only be extended for an indefinite period if the Consumer can terminate at any time with a notice period of no more than one month.

Duration:

  1. If an agreement has a duration of more than one year, after one year, the Consumer may terminate the agreement at any time with a notice period of no more than one month unless such termination is beyond reasonableness and fairness due to third party commitments made by Company related to agreement with the Consumer. In such cases, Company and Consumer shall mutually agree a termination period.

Article 15 – Payment methods

In accordance with section Payment & Delivery Information, we deliver to Austria, Australia, Belgium,Brazil, Canada, Chile, Germany, Denmark, European Countries outside the EU, Spain, France, United Kingdom, Indonesia, Italy, Japan, Luxembourg, Malaysia, Netherlands, New Zealand, Sweden, Singapore,Thailand, United States, South Africa. Subject to payment metods availble in Consumers resident country several prepayment arrangements are available. Any applicable bank charges are borne by Consumer. The following payment methods are offered;

  1. PayPal

If you have a PayPal account, you can pay easily, safely and with a few clicks by PayPal in our online shop. PayPal transfers the amount immediately after you approve the payment with PayPal.

  1. Credit card

Please state the full credit card number and the expiry date. As long as the card is valid, we will debit future invoice amounts from your credit card account. The invoice amount is charged to your credit account when the ordered goods are dispatched. In the event of an account block or of a cheque being dishonoured, we will deliver your order after payment in advance.

  1. IDeal, SOFORT Banking, Bancontact/Mister Cash.

For payments via iDEAL, SOFORT Banking, Bancontact/Mister Cash no extra costs, apart from shipping cost, will be charged.

Article 16 – Complaints

  1. The Company has a published complaints procedure and deals with the complaint in accordance with this complaint procedure.
  2. Complaints about the performance of the agreement must be submitted fully and clearly to the Company within a reasonable time after the Consumer has identified the defects.
  3. Complaints submitted to the Company shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Company will reply within 14 days with a notice of receipt and an indication when the Consumer can expect a more comprehensive response.
  4. The Consumer must give the Company at least 4 weeks to resolve the complaint by mutual agreement. After this period a dispute arises that is susceptible to the dispute settlement.

Article 17 – Disputes and Claims.

Indemnification and Hold Harmless.

The Consumer shall indemnify and hold Company harmless from and against all liability, claims, cost or damage, direct or consequential, arising out of this Agreement and use of the Product, including without limitation whether relating to the quality of construction of the Product or otherwise and the correctness of the user manual and instruction provided by Company. This indemnification does not limit the warranty on the product as stated in Article 12.

Applicable Law.

On agreements between the Company and the Consumer to which these terms and conditions relate, only Dutch law applies. Any disputed brought to Court will have to be filed at the Court of Arnhem in The Netherlands.

Article 18 – Additional or derogatory provisions

Additional or different provisions from these terms and conditions may not be to the detriment of the Consumer and must be in writing or in such a way that they can be stored by the Consumer in an accessible manner on a sustainable data carrier.