General terms & conditions
Below you will find our General Terms and Conditions. These always apply when you use or place an order via our Website and contains important information for you as a buyer. Please read the General Terms and Conditions carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.
Article 1 Definitions
1.1 EuroStocks B.V.: established in Amsterdam and registered with the Chamber of Commerce under registration number 34326885 trading under the name EuroStocks B.V..
1.2 Website: the website of EuroStocks B.V., which can be consulted via www.eurostocks.com and all associated subdomains.
1.3 Customer: the natural person or legal person, whether or not acting in the exercise of his profession or business, who enters into an Agreement with EuroStocks B.V. and / or has registered on the Website.
1.4 Agreement: any agreement or agreement between EuroStocks B.V. and the Client, of which agreement the General Terms and Conditions form an integral part.
1.5 General Conditions: the present General Conditions.
Article 2 Applicability of General Terms and Conditions
2.1 The General Terms and Conditions apply to all offers, agreements and deliveries of EuroStocks B.V., unless expressly agreed otherwise in writing.
2.2 If the Client includes stipulations or conditions that deviate from or do not appear in the General Terms and Conditions in its order, confirmation or notification, which include acceptance or not, which are binding on EuroStocks B.V., if and insofar as these have been expressly accepted in writing by EuroStocks B.V. .
2.3 In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those conditions also apply, but the Customer can always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.
Article 3 Prices and information
3.1 All prices stated on the Website and in other materials originating from EuroStocks B.V. include VAT and, unless stated otherwise on the Website, other levies imposed by the government.
3.2 If shipping costs are charged, this will be clearly stated in time for the conclusion of the Agreement. In addition, these costs will be shown separately in the ordering process.
3.3 The content of the Website has been compiled with the greatest care. However, EuroStocks B.V. 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 EuroStocks B.V. are therefore subject to manifest programming and typing errors.
3.4 EuroStocks B.V. cannot be held responsible for (color) deviations due to screen quality.
Article 4 Conclusion of the Agreement
4.1 The Agreement is concluded at the moment of acceptance by the Customer of the offer of EuroStocks B.V. and compliance with the conditions set by EuroStocks B.V..
4.2 If the Client has accepted the offer electronically, EuroStocks B.V. will immediately electronically confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to terminate the Agreement.
4.3 If it appears that the Client has provided incorrect information when accepting or otherwise entering into the Agreement, EuroStocks B.V. has the right to only fulfill its obligation after the correct information has been received.
4.4 EuroStocks B.V. 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 EuroStocks B.V. has good grounds on the basis of this investigation to not enter into the Agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions, such as advance payment, to the execution.
Article 5 Registration
5.1 In order to make optimal use of the Website, the Customer can register via the registration form / account registration option on the Website.
5.2 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.
5.3 The customer must keep his login details, username and password strictly confidential. EuroStocks B.V. 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 through the Client's account is the responsibility and risk of the Client.
5.4 If the Client knows or suspects that his login details have become unauthorized, he must change his password as soon as possible and / or inform EuroStocks B.V. so that EuroStocks B.V. can take appropriate measures.
Article 6 Performance of the Agreement
6.1 As soon as the order has been received by EuroStocks B.V., EuroStocks B.V. will send the products as soon as possible, with due observance of the provisions of paragraph 3 of this article.
6.2 EuroStocks B.V. is entitled to engage third parties to perform the obligations arising from the Agreement.
6.3 The Website clearly describes, in time for 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.
6.4 If EuroStocks B.V. cannot deliver the products within the agreed term, it will notify the Client thereof. In that case, the Customer can agree to a new delivery date or he will be given the opportunity to terminate the Agreement free of charge.
6.5 EuroStocks B.V. advises the Client to inspect the delivered products and to report the defects found within a reasonable time, preferably in writing or by e-mail. See the article about warranty and conformity. Specifically for Customers acting in the exercise of their profession or business, they must report any defects to EuroStocks B.V. within 7 days of receipt, after which all rights to repair, replacement, compensation, etc. will lapse.
6.6 As soon as the products to be delivered have been delivered to the specified delivery address, the risk, with regard to these products, is transferred to the Customer. If expressly agreed otherwise, the risk will already pass to the Customer earlier. If the Customer decides to collect the products, the risk passes when the products are transferred.
6.7 EuroStocks B.V. is entitled to deliver a similar product of similar quality as the ordered product, if the ordered is no longer available. The customer is then entitled to terminate the Agreement free of charge and to return the product free of charge.
Article 7 Right of withdrawal / return
7.1 This article only applies if the Customer is a natural person who does not act in the exercise of his profession or business. Business Customers therefore have no right of withdrawal. The customer has the right to dissolve the remotely concluded Agreement with EuroStocks B.V. within 14 calendar days after receipt of the product, without giving any reason, free of charge. The period commences 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 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.
7.2 Only the direct costs for the return shipment will be borne by the Customer. The customer must therefore bear the return costs himself. If these costs are higher than the regular postal rate, EuroStocks B.V. gives an estimate of these costs.
Any costs paid by the Customer for shipping and payment of the product to the Customer will be refunded to the Customer when the entire order is returned.
7.3 Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and packaging with care. The customer will only open the packaging and use the product only to the extent necessary to ascertain the nature, characteristics and functioning of products. The basic principle here is that this inspection may not go further than that the Customer could in a physical store.
7.4 Customer is only liable for depreciation of the product that is the result of a way of handling the product that goes further than allowed in the previous paragraph.
7.5 The Customer can terminate the Agreement in accordance with paragraph 1 of the period set in this article by sending the model withdrawal form (digitally) to EuroStocks B.V., or in another unambiguous manner to inform EuroStocks B.V. that he waives the purchase. . EuroStocks B.V. 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 within the cooling-off period set in paragraph 1 of this article, provided that the model withdrawal form or other unambiguous statement of withdrawal is included.
Products can be returned to the relevant company where the order was placed. Relevant company details can be found in the order email.
7.6 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 that the Customer has paid the order. If Customer has opted for a more expensive method of delivery than the cheapest standard delivery, EuroStocks B.V. does not have to refund the additional costs for the more expensive method. Unless EuroStocks B.V. offers to collect the product itself, EuroStocks B.V. may wait to refund until EuroStocks B.V. has received the product or until Customer demonstrates that he has returned the product, whichever is earlier.
7.7 The Website clearly states, in good time before the conclusion of the Agreement, whether or not the right of withdrawal applies and any desired procedure.
7.8 The right of withdrawal does not apply to:
Products that have been created by the entrepreneur in accordance with the consumer's specifications;
Products that can spoil or age quickly;
Separate newspapers and magazines;
Audio and video recordings and computer software of which the Customer has broken the seal;
Products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
The delivery of digital content other than on a tangible medium if the execution has begun with the express prior consent of the Customer and he has declared that he will lose his right of withdrawal.
Article 8 Payment
8.1 The Customer must make payments to EuroStocks B.V. in accordance with the payment methods indicated in the ordering procedure and possibly on the Website. EuroStocks B.V. is free to choose payment methods and 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.
8.2 If the Customer does not meet his payment obligation (s) in time, after being informed of the late payment by the EuroStocks B.V. and EuroStocks B.V. he has granted the Customer a period of 14 days to meet his payment obligations. after payment has not been made within this 14-day period, the statutory interest is due on the amount still owed and EuroStocks B.V. is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. EuroStocks B.V. may deviate from the aforementioned amounts and percentages for the benefit of the Customer.
Article 9 Warranty and conformity
9.1 This article only applies if there is a Customer who does not act in the exercise of his profession or business. If EuroStocks B.V. gives a separate warranty on the products, this applies to all types of Customers, without prejudice to what has just been stated.
9.2 EuroStocks B.V. guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the Agreement and / or government regulations. If specifically agreed, EuroStocks B.V. also guarantees that the product is suitable for other than normal use.
9.3 A guarantee provided by EuroStocks B.V., manufacturer or importer does not affect the legal rights and claims that the Customer already has and can invoke under the Agreement.
9.4 If the delivered product does not comply with the Agreement, the Customer must notify EuroStocks B.V. thereof within a reasonable period after he has discovered the defect.
9.5 If EuroStocks B.V. considers the complaint to be justified, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum compensation is, with due observance of the article on liability, equal to the price paid by the Customer for the product.
Article 10 Complaints procedure
10.1 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 provided by EuroStocks B.V., he can complain to EuroStocks B.V. by telephone, e-mail or post. Submit. See the contact details at the bottom of the Terms and Conditions.
10.2 EuroStocks B.V. will give Customer a response to that complaint as soon as possible, but in any case within 7 days after receipt of the complaint. If it is not yet possible to give a substantive or definitive response, then within 7 days after receipt of the complaint, EuroStocks B.V. will confirm the complaint and provide an indication of the period within which it expects to give a substantive or definitive response to Customer's complaint.
10.3 If (Company name) is affiliated with an organization for alternative dispute resolution, this will be clearly stated on the Website, including reference to the body. Customers who do not act in the exercise of their profession or business may also contact https://ec.europa.eu/consumers/odr/.
Article 11 Liability
11.1 This article only applies if the Client is a natural or legal person who acts in the exercise of his profession or business.
11.2 The total liability of EuroStocks B.V. towards the Client due to an attributable shortcoming in the fulfillment of the Agreement is limited to compensation of a maximum of the amount of the price stipulated for that Agreement (including VAT).
11.3 Liability of EuroStocks B.V. to the Customer for indirect damage, including in any case - but expressly not exclusively - including consequential damage, loss of profit, missed savings, loss of data and damage due to business interruption.
11.4 Apart from the cases referred to in the previous two paragraphs of this article, EuroStocks B.V. is not liable to the Customer for any compensation whatsoever, irrespective 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 deliberate recklessness on the part of EuroStocks B.V..
11.5 The liability of EuroStocks B.V. towards the Client due to an attributable shortcoming in the fulfillment of an Agreement only arises if the Client immediately and properly sets EuroStocks B.V. in default in writing, thereby setting a reasonable period for remedying the shortcoming, and EuroStocks B.V. also after that continues to fall short in the fulfillment of its obligations. The notice of default must contain as detailed a description of the shortcoming as possible, so that EuroStocks B.V. is able to respond adequately.
11.6 A condition for any right to compensation to arise is always that the Customer reports the damage to EuroStocks B.V. in writing as soon as possible, but no later than 30 days after it arises.
11.7 In case of force majeure, EuroStocks B.V. is not obliged to compensate for any damage caused to the Client.
Article 12 Retention of title
12.1 As long as the Customer has not made full payment for the entire agreed amount, all delivered goods remain the property of EuroStocks B.V..
Article 13 Personal data
13.1 EuroStocks B.V. processes the Client's personal data in accordance with the privacy statement published on the Website.
Article 14 Final provisions
14.1 Dutch law applies to the Agreement.
14.2 Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where EuroStocks B.V. is located.
14.3 If a provision in these General Terms and Conditions proves to be invalid, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will determine (a) new provision (s) as replacement, which will give shape as much as possible to the intention of the original provision.
14.4 In these General Terms and Conditions “in writing” also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
If you have any questions, complaints or comments after reading these General Terms and Conditions, please do not hesitate to contact us in writing or by e-mail.
Jacob van Lennepkade 255 hs
Chamber of Commerce: 34326885