Terms and Conditions

FrankEnergie Shop – operated by EcomHero B.V.

Consumer terms and conditions of the private limited company EcomHero B.V. (hereinafter: “EcomHero”), applicable to purchases made through FrankEnergie Shop, available at shop.frankenergie.nl.

The private limited company EcomHero B.V.

• Visiting address: Bredaseweg 185, 4872 LA Etten-Leur
• Postal address: P.O. Box 150, 4870 AD Etten-Leur
• E-mail: frankenergie@ecomhero.nl
• Website: shop.frankenergie.nl
• Chamber of Commerce (KvK) number: 97253227
• VAT identification number: NL867971332B01

The online store is offered under the name FrankEnergie Shop and is available at shop.frankenergie.nl. The online store has been developed and set up in collaboration with Frank Energie B.V., but the purchase agreement is concluded exclusively between the Consumer and EcomHero B.V.

EcomHero is the selling party and is responsible for operating the online store, including offers, orders, payments, delivery, customer service, returns, the right of withdrawal, warranty and other consumer rights. Frank Energie B.V. acts solely as a collaboration partner and is not a party to the purchase agreement between the Consumer and EcomHero.

2.1 Terms written with a capital letter have the following meaning in these Terms and Conditions:

• Terms and Conditions: these consumer terms of EcomHero B.V. applicable to purchases through FrankEnergie Shop.
• Article: an article within the meaning of these Terms and Conditions.
• Consumer: any natural person acting for purposes outside their trade, business, craft or profession.
• EcomHero: EcomHero B.V., the selling party and operator of FrankEnergie Shop.
• FrankEnergie Shop: the online store at shop.frankenergie.nl, offered in collaboration with Frank Energie B.V. and operated by EcomHero.
• Frank Energie: Frank Energie B.V., collaboration partner of EcomHero, which is neither the seller nor a contracting party to the purchase agreement.
• Agreement: the purchase agreement between EcomHero and the Consumer concluded through FrankEnergie Shop.
• In writing: by letter, e-mail or any other customary means of communication that can be received electronically or on paper, provided the identity of the sender can be established with sufficient certainty.

3.1 These Terms and Conditions apply to all offers, orders, agreements and other legal relationships between EcomHero and the Consumer established through FrankEnergie Shop.

3.2 Deviations from these Terms and Conditions are only valid if agreed in writing and apply solely to the agreement for which they were made.

3.3 If additional product information, service conditions or promotional conditions are stated in the online store, these apply in addition to these Terms and Conditions. In the event of a conflict, the provisions most favourable to the Consumer prevail, unless mandatory law provides otherwise.

4.1 All offers made by EcomHero through FrankEnergie Shop contain a clear and complete description of the products offered. The description is sufficiently detailed to allow the Consumer to properly assess the offer.

4.2 Images, specifications and data in the online store are reproduced as accurately as possible. Obvious mistakes, typing errors or programming errors do not bind EcomHero.

4.3 If, as a result of an obvious mistake, technical failure, programming error, system error or other unforeseen circumstance, an incorrect price, incorrect discount percentage or other incorrect product information is displayed in the online store, EcomHero is not obliged to supply the product at that incorrect price or under those incorrect conditions.

4.4 In such a case, EcomHero is entitled to cancel or correct an order before it is shipped. If the order has already been paid, the amount paid will be refunded in full as soon as possible using the same payment method.

4.5 An offer is valid for as long as it is displayed in the online store and while stocks last, unless a different period or condition is stated in the offer.

4.6 The Agreement is concluded at the moment the Consumer has accepted the offer electronically and has met the conditions set, including payment where advance payment is required.

5.1 All prices shown in the FrankEnergie Shop are in euros and include VAT, unless expressly stated otherwise.

5.2 Any shipping costs are shown separately during the order process and are made known to the Consumer before the order is completed.

5.3 The shipping costs shown in the checkout at the time of ordering are decisive. EcomHero may change shipping rates for future orders.

5.4 Within 3 months of concluding an Agreement, EcomHero may not increase the price of products already ordered, unless a statutory price-determining factor requires this.

5.5 Discounts, bundle offers and promotions apply exclusively under the conditions stated with them and for as long as the promotion runs or stocks last.

6.1 Payment must be made in full using one of the payment methods offered by EcomHero in FrankEnergie Shop, at the latest before delivery of the products, unless otherwise agreed in writing.

6.2 In the case of payment, the day of receipt or successful authorisation is considered the day of payment.

6.3 If the Consumer fails to pay on time and EcomHero has notified the Consumer and granted a period of 14 calendar days to make the payment, the Consumer owes statutory interest on the outstanding amount. EcomHero may then also claim extrajudicial collection costs in accordance with the law.

6.4 In the event of late payment, EcomHero may suspend performance of the Agreement or terminate the Agreement, to the extent permitted by law.

6.5 Payments made by the Consumer are first applied to settle interest and costs due, and then to settle the oldest outstanding amounts, unless mandatory law provides otherwise.

7.1 Delivery takes place at the delivery address provided by the Consumer during the ordering process, unless otherwise agreed in writing.

7.2 EcomHero will take the greatest possible care in receiving and executing orders and in selecting carriers.

7.3 Delivery times are stated to the best of EcomHero's knowledge. Stated delivery times are indicative, unless a strict deadline has been expressly agreed.

7.4 The risk of damage to or loss of the products passes to the Consumer as soon as the products are placed in the Consumer's actual possession or are delivered to a third party designated by the Consumer other than the carrier.

7.5 The Consumer must check at the time of delivery or immediately afterwards whether the products delivered conform to the Agreement and report any visible defects to EcomHero as soon as possible via frankenergie@ecomhero.nl.

8.1 The Consumer has the right to withdraw from the Agreement for the purchase of a product within 30 calendar days of receipt, without giving reasons. This period is longer than the statutory cooling-off period of 14 days.

8.2 The return period starts on the day after the Consumer, or a third party designated by the Consumer other than the carrier, has received the product.

8.3 If the Consumer has ordered several products in one order that are delivered separately, the period starts on the day after the Consumer has received the last product.

8.4 During the cooling-off period, the Consumer shall handle the product and its packaging with care. The Consumer may only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The guiding principle is that the Consumer may only handle and inspect the product as they would be allowed to do in a physical store.

8.5 The Consumer is liable for any diminished value of the product resulting from handling the product beyond what is permitted under paragraph 4.

9.1 The Consumer exercises the right of withdrawal by registering the return within the return period through EcomHero's official returns portal for FrankEnergie Shop.

9.2 The returns portal is available at: the returns portal.

9.3 After registration, the Consumer receives the return instructions. The Consumer must pack the product adequately and return it, insofar as reasonably possible, complete, clean and in its original condition and packaging, including any supplied accessories, manuals and labels.

9.4 Returns registered and processed through the official returns portal are free of charge for the Consumer. In that case, the Consumer does not pay any return shipping costs.

9.5 If the Consumer chooses to return a product outside the official returns portal or in another way, any related costs and risks are borne by the Consumer, unless EcomHero has confirmed otherwise in writing in advance.

9.6 The Consumer shall keep the proof of shipment with the track-and-trace code until the return has been fully processed.

10.1 EcomHero will refund all payments made by the Consumer for the returned product, including any standard delivery costs charged by EcomHero for the original delivery, without delay and at the latest within 14 calendar days of EcomHero receiving the withdrawal.

10.2 EcomHero may withhold the refund until it has received the product or until the Consumer has demonstrated that the product has been returned, whichever occurs first.

10.3 EcomHero will use the same payment method used by the Consumer for the refund, unless the Consumer agrees to another method. The refund is free of charge for the Consumer.

10.4 If the Consumer has chosen a delivery method more expensive than the cheapest standard delivery, EcomHero is not obliged to refund the additional costs of the more expensive method.

10.5 If only part of the order is returned, the original shipping costs will only be refunded to the extent required by law or to the extent that the entire order is withdrawn.

11.1 The right of withdrawal may be excluded for products for which this is permitted by law, provided this is clearly stated in the offer.

11.2 The exclusion may apply, among other things, to products made according to the Consumer's specifications, which are clearly personal in nature, or to sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.

11.3 If a product cannot be returned, this is clearly indicated before purchase on the product page or during the ordering process.

12.1 EcomHero guarantees that the products conform to the Agreement, the specifications stated in the offer, reasonable requirements of soundness and usability, and the statutory provisions in force on the date the Agreement was concluded.

12.2 The statutory warranty applies without restriction. This means that a product must do what the Consumer can reasonably expect of it.

12.3 Any manufacturer's warranty, commercial warranty or additional service does not affect the Consumer's statutory rights.

12.4 Complaints about defects or non-conformity can be reported via frankenergie@ecomhero.nl, stating the order number and a clear description of the problem.

13.1 Complaints about the performance of the Agreement must be submitted to EcomHero fully and clearly described, within a reasonable time after the Consumer has discovered the defects, via frankenergie@ecomhero.nl.

13.2 EcomHero will respond as soon as possible and at the latest within 14 calendar days of receiving the complaint. If a complaint is expected to require a longer processing time, the Consumer will receive within 14 calendar days an acknowledgement of receipt and an indication of when a substantive response can be expected.

13.3 The Consumer may also submit a dispute via the European ODR (online dispute resolution) platform, insofar as that platform is available.

14.1 Except in cases of intent, deliberate recklessness or insofar as a limitation is not permitted by law, EcomHero's liability is limited to no more than the amount the Consumer paid for the order in question or the amount paid out in the specific case by the liability insurance, plus the excess.

14.2 EcomHero is not liable for indirect damage, consequential damage, loss of profit, loss of turnover or damage resulting from improper use of the products, unless mandatory law provides otherwise.

14.3 Nothing in these Terms and Conditions limits the Consumer's statutory rights in consumer sales, including rights in the event of non-conformity.

15.1 EcomHero is not obliged to fulfil any obligation if it is prevented from doing so by force majeure.

15.2 Force majeure also includes any circumstance beyond EcomHero's control that temporarily or permanently prevents performance, including failures at suppliers, carriers, payment providers and hosting providers, government measures, strikes, fires, pandemics, import or export restrictions and other circumstances outside EcomHero's sphere of influence.

15.3 If the period of force majeure lasts longer than one month, both EcomHero and the Consumer are entitled to terminate the Agreement with respect to the part not yet performed, without any obligation to pay compensation.

16.1 Ownership of the delivered products does not pass to the Consumer until all amounts owed by the Consumer under the Agreement have been paid in full.

16.2 As long as ownership has not passed, the Consumer may not pledge the products or encumber them in any other way.

16.3 The Consumer must do everything that may reasonably be expected of them to safeguard EcomHero's ownership rights.

17.1 Dutch law applies to the legal relationship between EcomHero and the Consumer.

17.2 Disputes shall be submitted to the competent court in accordance with the statutory rules applicable to consumer contracts. A choice-of-forum clause cannot deprive the Consumer of the right to bring the matter before the court that is competent by law.

17.3 These Terms and Conditions are available through FrankEnergie Shop. Upon request, they will be sent free of charge by e-mail.

17.4 The version in force at the time the Agreement is concluded always applies.