Introduction

Below you will find our General Terms and Conditions. These always apply if you use or place an order via our Website. The General Terms and Conditions contain important information for you as a buyer. Therefore, read it carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.

Definitions

• Easy Marking BV: established in Oosterblokker (NL) and registered with the Chamber of Commerce under registration number 57583358 trading under the name Easy Marking BV.
• Website: the website of Easy Marking BV, which can be consulted via Easy-Marking.com and all associated subdomains.
• Customer: the customer who, whether or not acting in the exercise of a profession or business, enters into an Agreement with Easy Marking BV and /or has registered on the Website.
• Agreement: any agreement or agreement between Easy Marking BV and the Customer, of which agreement the General Terms and Conditions form an integral part.
• General Terms and Conditions: these General Terms and Conditions.

Applicability of the General Terms and Conditions

• The General Terms and Conditions apply to all offers, Agreements and deliveries of Easy Marking BV, unless expressly agreed otherwise in writing.
• If the Customer includes in his assignment, confirmation or notification containing acceptance provisions or conditions that deviate from, or do not appear in, the General Terms and Conditions, these are only binding for Easy Marking BV if and insofar as they have been expressly accepted in writing by Easy Marking BV.
• In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those conditions also apply, but in the event of conflicting conditions, the Customer can always invoke the applicable provision that is most favorable to him.

Prices and information

• All prices stated on the Website and in other materials originating from Easy Marking BV include VAT and, unless otherwise stated on the Website, other levies imposed by the government.
• If shipping costs are charged, this will be stated clearly in time for the conclusion of the Agreement. In addition, these costs will be displayed separately in the ordering process.
• The content of the Website has been compiled with the greatest care. However, Easy Marking BV cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from Easy Marking BV are therefore subject to obvious programming and typing errors.
• Easy Marking BV cannot be held responsible for (color) deviations as a result of screen quality.

Conclusion of the Agreement

• The Agreement is concluded at the moment of acceptance by the Customer of the offer of Easy Marking BV and the fulfilment of the conditions set by Easy Marking BV.
• If the Customer has accepted the offer electronically, Easy Marking BV will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.
• If it appears that incorrect information has been provided by the Customer when accepting or otherwise entering into the Agreement, Easy Marking BV has the right to only comply with its obligation after the correct information has been received.
• Easy Marking BV can inform itself within legal frameworks whether the Customer can meet his payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If Easy Marking BV has good grounds not to enter into the Agreement on the basis of this investigation, it is entitled to refuse an order or request motivated or to attach special conditions, such as advance payment, to the execution.

Registration

• In order to make optimal use of the Website, the Customer can register via the registration form / account registration option on the Website.
• During the registration procedure, the Customer chooses a username and password with which he can log in to the Website after registration. The customer is responsible for choosing a sufficiently reliable password.
• The Customer must keep his login details, his username and password strictly secret. Easy Marking BV is not liable for misuse of the login details and may always assume that a Customer who registers on the Website is actually that Customer. Everything that happens via the Customer’s account is the responsibility and risk of the Customer.
• If the Customer knows or suspects that his login details have come into the hands of unauthorized persons, he must change his password as soon as possible and / or inform Easy Marking BV thereof, so that Easy Marking BV can take appropriate measures.

Execution of the Agreement

• As soon as the order has been received by Easy Marking BV, Easy Marking BV will send the products as soon as possible with due observance of the provisions of paragraph 3 of this Article.
• Easy Marking BV is entitled to engage third parties in the performance of the obligations arising from the Agreement.
• On the Website it is clearly described, in time before the conclusion of the Agreement, how delivery will take place and within what period the products will be delivered. If no delivery period has been agreed or stated, products will in any case be delivered within 30 days.
• If Easy Marking BV cannot deliver the products within the agreed period, it will inform the Customer thereof. In that case, the Customer can agree to a new delivery date or he will be given the opportunity to dissolve the Agreement free of charge.
• Easy Marking BV advises the Customer to inspect the delivered products and to report the defects within a reasonable time, preferably in writing. See in more detail the Article on warranty and conformity.
• As soon as the products to be delivered have been delivered to the specified delivery address, the risk, as far as these products are concerned, passes to the Customer. If expressly agreed otherwise, the risk will be transferred to the Customer earlier. If the Customer decides to collect the products, the risk passes upon transfer of the products.
• Easy Marking BV is entitled to deliver a similar product of similar quality as the ordered product, if the ordered product is no longer available. The Customer is then entitled to dissolve the Agreement free of charge and to return the product free of charge.

Right of withdrawal

• This article only applies to the Customer being a natural person who is not acting in the exercise of his profession or business.
• The customer has the right to dissolve the distance agreement with Easy Marking BV free of charge within 30 days after receipt of the product, without giving reasons.
• The period starts on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product, or:
• If the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, has received the last product;
• If the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or the last part;
• In the case of Agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product.
  • The customer must bear the return costs himself, if these costs are higher than the regular postal rate, Easy Marking BV will give an estimate of these costs. The shipping costs incurred by the Customer when purchasing the product are not included in the costs for returning and remain at the Customer’s own expense.
  • Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and the packaging with care. The Customer will only open the packaging and use the product to the extent necessary to verify the nature, characteristics and operation of products. The starting point here is that this inspection may not go beyond what the Customer could do in a physical store.
  • Customer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in the previous paragraph.
  • The Customer can dissolve the Agreement in accordance with the period set out in paragraph 1 of this Article by sending the model form for withdrawal (digitally) to Easy Marking BV, or by making it known to Easy Marking BV in another unambiguous manner that he renounces the purchase. Easy Marking BV confirms receipt of that notification in the event of a digital report. After dissolution, the Customer has 14 days to return the product. It is also possible to return the product immediately within the cooling-off period set out in paragraph 1 of this Article, provided that the model form for withdrawal or other unambiguous statement for withdrawal is enclosed.

• Products can be returned to
  Easy Marking BV
  Gildenweg 2c
  1695 GD Blokker, The Netherlands

• Amounts already paid by the Customer (in advance) will be refunded to the Customer as soon as possible, but no later than 14 days after termination of the Agreement, in the same way as the Customer has paid for the order. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, Easy Marking BV does not have to refund the additional costs for the more expensive method. Unless Easy Marking BV offers to collect the product itself, Easy Marking BV may wait to refund until Easy Marking BV has received the product or until the Customer proves that he has returned the product, whichever is earlier.
• On the Website, information about whether or not the right of withdrawal applies and any desired procedure will be clearly stated on the Website in good time before the conclusion of the Agreement.

Business right of return

• The previous article on the right of withdrawal applies mutatis mutandis to business orders, except that:
• Business Customer must dissolve the Agreement with Easy Marking BV within 7 days after receipt of the product.
• Business Customer after receipt of the return by Easy Marking BV only receives the purchase price back. The customer is responsible for the return and for the costs of returning.
• Business Customer must return an unused product in an undamaged packaging to Easy Marking BV. If business customer does not comply with this, Easy Marking BV is entitled to refuse a return or to charge repair costs or damage for this.
• Amounts already paid by the Business Customer (in advance) as soon as possible, but no later than 30 days after dissolution of the Agreement and receipt of the returns by Easy Marking BV will be refunded.

Payment

• The customer must make payments to Easy Marking BV according to the payment methods indicated in the ordering procedure and possibly on the Website. Easy Marking BV is free to choose to offer payment methods and these may also change from time to time. In case of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.
• If the Customer does not meet his payment obligation(s) on time, after he has been informed by Easy Marking BV of the late payment and Easy Marking BV has granted the Customer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, he will owe the statutory interest on the amount still due and Easy Marking BV is entitled to the extrajudicial made by him. collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2.500,- and 5% on the next € 5.000,- with a minimum of € 40,-. Easy Marking BV may deviate from the aforementioned amounts and percentages for the benefit of the Customer.

Warranty and conformity

• This article only applies if there is a Customer who is not acting in the exercise of his profession or business. If a separate guarantee is given by Easy Marking BV on the products, this applies, without prejudice to the provisions just stated, this applies to all types of Customers.
• Easy Marking BV guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, Easy Marking BV also guarantees that the product is suitable for other than normal use.
• If the delivered product does not comply with the Agreement, the Customer must inform Easy Marking BV within a reasonable period of time after he has discovered the defect.
• If Easy Marking BV deems the complaint to be well-founded, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum compensation is, with due observance of the Article regarding liability, equal to the price paid by the Customer for the product.

Warranty for business purchases

• Easy Marking BV guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, Easy Marking BV also guarantees that the product is suitable for other than normal use. Otherwise, the product is suitable for normal use.
• If the delivered product does not comply with the Agreement upon delivery, the Customer must inform Easy Marking BV of this within no later than 14 days after delivery. If the Customer does not do this, he can no longer claim repair, replacement, etc., if the product has been delivered defective.
• If Easy Marking BV deems the complaint to be well-founded, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the Customer.

Complaints procedure

• If the Customer has a complaint about a product (in accordance with the Article regarding warranty and conformity) and/or about other aspects of the services of Easy Marking BV, he can submit a complaint to Easy Marking BV by telephone, e-mail or post. See the contact details at the bottom of the General Terms and Conditions.
• Easy Marking BV will give the Customer a response to his complaint as soon as possible, but in any case within 5 days after receipt of the complaint. If it is not yet possible to give a substantive or final response, Easy Marking BV will confirm the complaint within 5 days of receipt of the complaint and give an indication of the period within which it expects to give a substantive or final response to the Customer’s complaint.
• Customer who is not acting in the exercise of his profession or business can also submit a complaint via the European dispute resolution platform, which can be reached via http://ec.europa.eu/odr/.

Liability

• This Article only applies if the Customer is a natural or legal person acting in the exercise of his profession or business.
• The total liability of Easy Marking BV towards the Customer due to attributable shortcoming in the performance of the Agreement is limited to compensation of a maximum of the amount of the price stipulated for that Agreement (including VAT).
• Liability of Easy Marking BV towards the Customer for indirect damage, including in any case – but explicitly not exclusively – consequential damage, loss of profit, missed savings, loss of data and damage due to business stagnation, is excluded.
• Apart from the cases mentioned in the previous two paragraphs of this Article, Easy Marking BV does not have any liability towards the Customer for damages, regardless of the ground on which an action for compensation would be based. However, the limitations mentioned in this Article will lapse if and insofar as damage is the result of intent or gross negligence on the part of Easy Marking BV.
• The liability of Easy Marking BV towards the Customer due to attributable shortcoming in the performance of an Agreement only arises if the Customer immediately and properly gives Easy Marking BV notice of default in writing, stating a reasonable period to remedy the shortcoming, and Easy Marking BV continues to fail to comply with its obligations even after that period. The notice of default must contain as detailed a description as possible of the shortcoming, so that Easy Marking BV is able to respond adequately.
• A condition for the creation of any right to compensation is always that the Customer reports the damage to Easy Marking BV in writing as soon as possible, but no later than 30 days after the occurrence thereof.
• In the event of force majeure, Easy Marking BV is not obliged to pay compensation for any damage caused to the Customer as a result.

Retention of title Business Purchases

• All delivered goods remain the property of Easy Marking BV until all claims that Easy Marking BV has against the Business Customer (including any related (collection) costs and interest) have been paid in full.
• Business Customer is not authorized to sell, deliver or otherwise dispose of these goods, other than in accordance with his normal business and the normal destination of the goods. In addition, the Business Customer is not permitted to pledge these goods or to grant any other right to third parties as long as the ownership of these goods has not been transferred to the Business Customer.
• Business Customer is obliged to store the goods delivered under retention of title carefully and as recognizable property of Easy Marking BV.
• Easy Marking BV is entitled to take back the goods that have been delivered under retention of title and are still present at the buyer if the Business Customer does not ensure timely payment of the invoices or is in payment difficulties or threatens to be in payment difficulties.
• Business Customer will at all times grant Easy Marking BV free access to his goods for inspection and/or for the exercise of the rights of Easy Marking BV.

Personal data

• Easy Marking BV processes the customer’s personal data in accordance with the privacy statement published on the Website.

Final provisions

• The Agreement is governed by Dutch law.
• Insofar as rules of mandatory law do not prescribe otherwise, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Easy Marking BV is located.
• If a provision in these General Terms and Conditions proves to be null and void, this does not affect the validity of the entire General Terms and Conditions. In that case, the parties will adopt (a) new provision(s) as a replacement, with which the intention of the original provision will be given shape as much as legally possible.
• In these General Terms and Conditions, “in writing” also means communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.

Contact Details

If you have any questions, complaints or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by e-mail.

Easy Marking |
Gildenweg 2c
1695 GD Blokker, The Netherlands
+31 (0) 229 – 764 004

info@easymarking.nl
Chamber of Commerce 57583358