Terms of service
GENERAL TERMS AND CONDITIONS
- Easewall.com: Easewall B.V., established in Eersel, Chamber of Commerce no. 83409602.
- Customer: the person with whom Easewall.com has entered into an agreement.
- Parties: Easewall.com and customer together.
- Consumer: a customer who is an individual acting for private purposes.
- These terms and conditions will apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Easewall.com.
- Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
- The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
- All prices used by Easewall.com are in euros, are inclusive of VAT, and exclusive of any other costs such as administration costs, levies, and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
- Easewall.com is entitled to adjust all prices for its products or services, shown in its shop, on its website, or otherwise, at any time.
- Increases in the cost prices of products or parts thereof, which Easewall.com could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
- The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3 unless the increase is the result of statutory regulation.
Samples / models
If the customer has received a sample or model of a product, he can not derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.
Payments and payment term
- Easewall.com may, at the conclusion of the agreement, requires payment of the full amount before shipping unless specified otherwise.
- Payment terms are considered fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Easewall.com having to send the customer a reminder or to put him in default.
- Easewall.com reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Consequences of late payment
- If the customer does not pay within the agreed term, Easewall.com is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.
- When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Easewall.com.
- The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
- f the customer does not pay on time, Easewall.com may suspend its obligations until the customer has met his payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Easewall.com on the customer are immediately due and payable.
- If the customer refuses to cooperate with the performance of the agreement by Easewall.com, he is still obliged to pay the agreed price to Easewall.com.
Right of recovery of goods
- As soon as the customer is in default, Easewall.com is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
- Easewall.com invokes the right of recovery by means of a written or electronic announcement.
- As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Easewall.com, unless the parties agree to make other arrangements about this.
- The costs for the collection or return of the products are at the expense of the customer.
Right of retention
- Easewall.com can appeal to his right of retention of title and in that case retain the products sold by Easewall.com to the customer until the customer has paid all outstanding invoices with regard to Easewall.com, unless the customer has provided sufficient security for these payments.
- The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Easewall.com.
- Easewall.com is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
The customer waives his right to settle any debt to Easewall.com with any claim on Easewall.com.
Retention of title
- Easewall.com remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Easewall.com under whatever agreement with Easewall.com including of claims regarding the shortcomings in the performance.
- Until then, Easewall.com can invoke its retention of title and take back the goods.
- Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If Easewall.com invokes its retention of title, the agreement will be dissolved and Easewall.com has the right to claim compensation, lost profits, and interest.
- The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect can not clearly be established.
- The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
- Exchange is only possible if the following conditions are met: exchange takes place within 10 days after purchase upon presentation of the original invoice: the product is returned in the original packaging or with the original (price) tags still attached to it: the product has not been used
- Discounted items, non-shelf articles such as food, custom-made items, or specially adapted articles for the customer cannot be exchanged.
The customer indemnifies Easewall.com against all third-party claims that are related to the products and/or services supplied by Easewall.com.
- The customer must examine a product or service provided by Easewall.com as soon as possible for possible shortcomings.
- If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Easewall.com of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
- Consumers must inform Easewall.com of this within two months after detection of the shortcomings.
- The customer gives a detailed description as possible of the shortcomings so that Easewall.com is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead to Easewall.com being forced to perform other work than has been agreed.
- The customer must provide any notice of default to Easewall.com in writing.
- It is the responsibility of the customer that a notice of default actually reaches Easewall.com (in time).
Joint and several Client liabilities
If Easewall.com enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Easewall.com under that agreement.
Liability of Easewall.com
- Easewall.com is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
- If Easewall.com is liable for any damage, it is only liable for direct damages that result from or are related to the execution of an agreement.
- Easewall.com is never liable for indirect damages, such as consequential loss, lost profit, lost savings, or damage to third parties.
- If Easewall.com is liable, its liability is limited to the amount paid by a closed (professional) liability insurance, and in the absence of (full) payment by an insurance company of the damages, the amount of the liability is limited to the (part of the) invoice to which the liability relates.
- All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate, and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Every right of the customer to compensation from Easewall.com shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.
- The customer has the right to dissolve the agreement if Easewall.com imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
- If the fulfillment of the obligations by Easewall.com is not permanent or temporarily impossible, dissolution can only take place after Easewall.com is in default.
- Easewall.com has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Easewall.com good grounds to fear that the customer will not be able to fulfill his obligations properly.
- In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Easewall.com in the fulfillment of any obligation to the customer cannot be attributed to Easewall.com in any situation independent of the will of Easewall.com, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Easewall.com .
- The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a situation of force majeure arises as a result of which Easewall.com cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Easewall.com can comply with it.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- Easewall.com does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
- Easewall.com is entitled to amend or supplement these general terms and conditions
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
- The customer can not transfer its rights deferring from an agreement with Easewall.com to third parties without the prior written consent of Easewall.com.
- This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or nonavailability
- If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
- A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Easewall.com had in mind when drafting the conditions on that issue.
Applicable law and competent court
- Dutch law is exclusively applicable to all agreements between the parties.
- The Dutch court in the district where Easewall.com is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Drawn up on 01 September 2020.