Terms and conditions
Definitions
In these general terms and conditions, the following words have the meaning mentioned behind them, unless the context indicates otherwise:
General terms and conditions means these general terms and conditions.
Day means calendar day.
Eurosan means the company Eurosan BV, established at Mosterdmolenweg 1, in Montfoort and registered in the Commercial Register of the Chamber of Commerce under number 69164118.
Customer means any legal or natural person, acting in the exercise of his profession or business, who enters into or wants to enter into an agreement with Eurosan.
Website means the website of Eurosan, being www.eurosan.nl.
Applicability
These general terms and conditions apply to all offers made by Eurosan, quotations, agreements and all resulting commitments with the customer. Insofar as the customer (also) orders other products or services to which special general conditions apply, these are also declared applicable to the agreement between the customer and Eurosan.
If the customer declares that the customer's own general terms and conditions apply to an agreement with Eurosan or refers to them, those general terms and conditions will not be accepted by Eurosan and the general terms and conditions of Eurosan shall prevail, unless expressly agreed otherwise at an earlier stage.
The general terms and conditions have been communicated to the customer in advance and can always be consulted via the website and can also be downloaded there as a PDF file. The general terms and conditions will be sent free of charge upon request.
Everything stipulated in these general terms and conditions and in any further agreements for the benefit of Eurosan is also stipulated for the benefit of third parties engaged by Eurosan.
These general terms and conditions do not apply to offers to and agreements with natural persons who do not act in the exercise of a profession or business.
Offers/offers
All offers/quotes from Eurosan are without obligation and can always be revoked by it, even if they contain a deadline for acceptance. Offers/quotes can also be revoked by Eurosan in writing within seven days of receipt of acceptance, in which case no agreement has been concluded between the parties.
Offers/quotes can only be accepted in writing (including acceptance by fax or by electronic means). Eurosan is nevertheless entitled to accept an oral acceptance as if it had been made in writing. If the customer places an order on the Eurosan website, this order is final when the customer presses the order button or receives an order confirmation by email. The moment the customer receives a confirmation from Eurosan by email, a binding agreement is concluded between the parties.
Data included in advertising material in the broadest sense of the word, such as catalogs, price lists, leaflets, third-party websites, etc., is never binding for Eurosan.
Unless otherwise expressly and in writing, statements of measurements, weights and other data are estimates as reliable as possible.
Price
All prices used by Eurosan are based on the price-determining factors known at the time of the release of the offer/quote.
Unless expressly agreed otherwise in writing, the prices indicated by Eurosan are always exclusive of VAT and exclusive of shipping costs.
Eurosan is entitled to adjust the prices or parts thereof for goods or services not yet delivered and/or unpaid to any changes in price-determining factors, such as raw material prices, wages, taxes, production costs, currency exchange rates and the like.
Eurosan is always entitled to adjust the prices without delay if a legal price-defining factor gives rise to it.
Payment
Eurosan is at all times entitled to demand security from the customer for the correct and timely fulfillment of its payment obligations.
If delivery is made in parts, each part may be invoiced separately by Eurosan, unless otherwise agreed in writing with the customer.
Payment must be made within 14 days of invoice date.
In the event of default of payment, Eurosan is entitled to suspend or dissolve the performance of the agreement and all related agreements.
All payments must be made to a bank account number in the Netherlands to be designated by Eurosan.
Payments made by the customer always extend to the settlement of all interest and costs due and then payable invoices that have been outstanding for the longest time, even if the customer states that the payment relates to a later invoice.
The customer waives any right to offset amounts due. Settlement by the customer is not allowed.
Making payments from the customer to Eurosan electronically, including via the internet and by credit cards, is at the customer's risk. Eurosan is not liable for damage to the customer related to or resulting from payments electronically, via the internet or by credit cards. The provision of credit card details by the customer to Eurosan via the internet or otherwise is at the customer's own risk.
Eurosan reserves the right to use a deposit of 50 to 100% for newly registered companies.
Accounts and registration
The consumer can create an account or otherwise register on the website. Eurosan reserves the right to refuse an application for such a registration or to cancel the registration, for example after detection of irregularities.
The login details are strictly personal and may not be made available to third parties. The consumer is responsible for the use of his login details, even if this happens without his knowledge.
The consumer will immediately notify Eurosan if he suspects that his login details are known to a third party or otherwise irregularities occur.
The consumer is not allowed to apply for or manage more than one account. Furthermore, the consumer is not allowed to (re) apply for or manage an account after Eurosan has refused the consumer's request for an account or has closed an account of the consumer after registration.
Delivery
The place of delivery applies in all cases - unless otherwise agreed in writing - the actual or the place of business of business specified by the customer at the time of order or his establishment with which the contract was made.
The indication of delivery deadlines in offers/quotes, confirmations and/or contracts are made to the best of our knowledge and these will be observed as much as possible, but they are never to be considered a fatal deadline.
The customer undertakes to enable Eurosan to perform the delivery.
The customer guarantees at his own expense and risk that:
Eurosan is provided with the necessary cooperation for the performance of the service;
The ordered goods or services are purchased; and
Delivery can take place under normal working conditions, during normal working hours from 08.00-18.00.
If the ordered goods or services have been offered to the customer for delivery, but delivery has not proved possible on the basis of the fact that the customer has not complied with one of the obligations referred to in paragraphs 3 and 4 above, acceptance is deemed to have been refused. From this moment on, the customer is in default by operation of law without further notice of default by Eurosan being required. The day on which refusal of acceptance takes place is considered to be the delivery date of the ordered goods or services. The items are also at the customer's risk from this time on, in accordance with the article 'Risk transition' in these general terms and conditions.
Without prejudice to the obligation to pay, in the case referred to in paragraph 5, the customer is obliged to compensate for damage suffered by Eurosan as a result of the refusal, including the incurring of costs for storage and transport, the latter of which are related to the rates customary locally.
Return
The customer can terminate an agreement relating to the purchase of an item during a cooling-off period of 14 days without giving reasons. The period begins on the day after the customer, or a third party designated in advance by the customer, who is not the carrier, has received the item, or:
If the customer has ordered several items in the same order: the day on which the customer, or a third party designated by him, received the last product. Eurosan may, provided that he has clearly informed the customer of this prior to the ordering process, refuse an order of several items with a different delivery time; or
If the delivery of a item consists of several shipments or parts: the day on which the customer, or a third party designated by him, received the last shipment or the last part.
During the cooling-off period, the customer will handle the case and the packaging carefully. He will only unpack or use the matter to the extent necessary to establish the nature, characteristics and functioning of the matter. The starting point here is that the customer may only handle and inspect the business as he would be allowed to do in a store.
The customer is liable for depreciation of the item that is the result of a way of handling the case that goes beyond what is permitted in paragraph 2.
If the customer wishes to return a case, he will report this to Eurosan in an unambiguous manner within the cooling-off period.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 4,…