Terms and Conditions
GENERAL TERMS AND CONDITIONS TUEX CV, ACTING UNDER THE NAME EANNUMMER.EU/NL/COM
ARTICLE 1. | DEFINITIONS
In these general terms and conditions, the following terms, always indicated with a capital letter, are used in the following meaning.
1. TUEX CV / EANnummer.eu: the user of these general terms and conditions, operator of the websites www.EANnummer.eu, www.EANnummer.nl and www.EANnummer.com, located at Geerkade 15a in Etten-Leur, the Netherlands, registered in the Trade Register under Chamber of Commerce number NL-243.08.200.
2. Counterparty: any natural or legal person with whom TUEX CV / EANnummer.eu has concluded or intends to conclude an Agreement.
3. Consumer: a Counterparty, being a natural person, not acting in the exercise of a profession or business.
4. Parties: TUEX CV / EANnummer.eu and the Other Party jointly.
5. Agreement: any agreement between the Parties in the context of which TUEX CV / EANnummer.eu has committed itself towards the Other Party to the delivery of Products.
6. Remote Agreement: an Agreement concluded between TUEX CV / EANnummer.eu and the Other Party in the context of a remote contract conclusion system organized by TUEX CV / EANnummer.eu without the simultaneous personal presence of TUEX CV / EANnummer.eu and the Other Party and whereby, up to and including the moment of concluding the Agreement, only one or more means of distance communication is used, such as an Agreement with the Other Party that is concluded directly through the Webshop. An Agreement is therefore not a Remote Agreement if no organized remote communication system is used by TUEX CV / EANnummer.eu, for example in the event that the Agreement is concluded by means of a simple e-mail message or in the event that the Other Party has the contact details of TUEX CV / EANnummer.eu on the internet or in a telephone book and concludes an Agreement by telephone.
7. Products: the goods to be delivered by TUEX CV / EANnummer.eu to the Other Party in the context of the Agreement, which may also include digital content within the meaning of these general terms and conditions. Products may include, for example, EAN codes to be delivered electronically, possibly including bar / bar codes, E-books, as well as EAN stickers to be delivered by post.
8. Web shop: depending on the website visited by the Other Party, www.EANnummer.eu, www.EANnummer.nl or www.EANnummer.com.
9. Written: communication in writing, communication by e-mail or any other means of communication that can be equated with this in view of the state of the art and the views prevailing in society.
ARTICLE 2. | GENERAL PROVISIONS
1. These general terms and conditions apply to every offer from TUEX CV / EANnummer.eu and every Agreement concluded.
2. The applicability of any general terms and conditions of the Other Party, under whatever name, is explicitly rejected.
3. The provisions of these general terms and conditions can only be deviated from explicitly and In Writing. If and insofar as the provisions of these general terms and conditions deviate from what the Parties have agreed explicitly and In Writing, that which Parties have explicitly agreed in Writing will prevail.
4. The nullification or invalidity of one or more of the provisions of these general terms and conditions or the Agreement as such, does not affect the validity of the other provisions. In such a case, the Parties are obliged to enter into mutual consultation in order to make an alternative arrangement with regard to the affected clause. The purpose and purport of the original provision will be taken into account as much as possible.
ARTICLE 3. | OFFER AND FORMATION OF AGREEMENTS
1. Every offer from TUEX CV / EANnummer.eu (including its offer in the Webshop and its quotations) is without obligation, even if a term of acceptance is stated therein. TUEX CV / EANnummer.eu can revoke its offer without delay, or at least as soon as possible after acceptance thereof by the Other Party. In the event that payment has already been made by the Other Party in such a case, for example in the case of an order in the Webshop, TUEX CV / EANnummer.eu will arrange a refund immediately, or at least as soon as possible.
2. The Other Party cannot derive any rights from an offer from TUEX CV / EANnummer.eu that contains an obvious error or mistake.
3. Without prejudice to the provisions of paragraph 1, each Agreement is concluded at the moment that the Other Party has accepted the offer from TUEX CV / EANnummer.eu in any manner designated by TUEX CV / EANnummer.eu for this purpose. If the acceptance of the Other Party deviates from the offer of TUEX CV / EANnummer.eu, the Agreement will not be concluded in accordance with this deviating acceptance, unless TUEX CV / EANnummer.eu indicates otherwise.
4. If the Other Party concludes the Agreement (also) in the name of another natural or legal person, it declares that it is authorized to do so by entering into the Agreement. In addition to this (legal) person, the Other Party is jointly and severally liable for the fulfillment of all obligations arising from that Agreement.
ARTICLE 4. | NO RIGHT OF CANCELLATION OR RETURNS
1. Since the Products to be physically delivered from TUEX CV / EANnummer.eu are also specially generated for the Other Party and are therefore custom-made, the legal right of dissolution (right of withdrawal) for the Other Party does not apply to this Distance Agreement.
2. With regard to the delivery of digital content that is not supplied by TUEX CV / EANnummer.eu on a tangible medium, the right of dissolution does not apply either.
3. If delivery is not made with explicit prior written statement to the contrary from TUEX CV / EANnummer.eu to the Other Party, the Other Party has declared by means of his or her order that it waives his or her unconditional right of dissolution and return. .
4. In such a case, TUEX CV / EANnummer.eu will confirm to the Other Party by e-mail within a reasonable term after the conclusion of the Distance Agreement that the Other Party has given the said consent and statement.
5. After completing the order, registration and payment, TUEX CV / EANnummer.eu will send the Other Party, via WeTransfer.com, a valid download link for 7 calendar days.
6. The Counterparty can use this to download the following files: A list of the EAN codes purchased by the Counterparty (in .TXT format), the BARcodes thereof in .JPG and .EPS format (i.e. the barcode images), the VAT invoice and the personal Certificate of Ownership of the Other Party, both in PDF format.
7. After opening the above download link, cancellation or return is no longer possible. After all, this concerns a product that is uniquely composed for the Other Party and that legally falls under services, so that after opening the download link, the same product can no longer be sold to others.
8. If the Counterparty wishes to cancel the order, this is only possible if the Counterparty has not opened the download link sent and notifies us by email within 7 days of receipt of the download link.
9. After checking and approval, we will refund the amount paid by the Other Party within 14 days to the payment account used by the Other Party. To check, the Other Party must provide us with the payment account number and the name of that account, together with the cancellation order.
10. We will confirm receipt of the cancellation by e-mail to the Other Party.
11. No costs are charged by TUEX CV / EANnummer.eu to the Other Party for an approved cancellation, the return and the refund of the purchase price.
ARTICLE 5. | TERMS
1. All delivery terms to which TUEX CV / EANnummer.eu has committed to the Other Party are indicative, non-fatal terms. For the fulfillment of these terms, TUEX CV / EANnummer.eu may be partly dependent on the Other Party or third parties. If the late fulfillment is the result of a circumstance not attributable to TUEX CV / EANnummer.eu, i.e. force majeure within the meaning of Article 9, the obligations of TUEX CV / EANnummer.eu will be suspended for the duration of the force majeure situation, without that the Counterparty is claiming compensation or any other compensation. The provisions of the remainder of article 9 shall apply mutatis mutandis in such a case.
2. If the late fulfillment is the result of a circumstance that can be attributed to TUEX CV / EANnummer.eu, the default of TUEX CV / EANnummer.eu will not commence until the Other Party defaults TUEX CV / EANnummer.eu in writing. has stated in which notice of default a reasonable term for compliance is stated, and TUEX CV / EANnummer.eu is still in default with the fulfillment after the expiry of the latter term.
3. If TUEX CV / EANnummer.eu for the delivery depends on information to be provided by the Other Party, such as an agreement on a proof, and this information is not delivered on time, TUEX CV / EANnummer.eu is entitled to suspend delivery. for the duration of the delay.
4. Default of TUEX CV / EANnummer.eu as a result of a circumstance attributable to TUEX CV / EANnummer.eu, as referred to in paragraph 2, offers the Other Party the right to dissolve that part of the Agreement to which the default relates. , but never entitled to additional compensation.
ARTICLE 6. | DELIVERY OF PRODUCTS
1. The delivery of digital content takes place by e-mail in the specified file formats. The delivery of physical Products takes place by sending them to the delivery address specified by the Other Party. If no delivery address is stated by the Other Party, the invoice address will be considered the delivery address.
2. TUEX CV / EANnummer.eu is entitled to deliver orders in parts.
3. The risk of loss and damage to the Products transfers to the Other Party at the moment that the Products are received or delivered by or on behalf of the Other Party.
4. If the agreed delivery term is exceeded, the Other Party is never entitled, without prejudice to the provisions regarding default of TUEX CV / EANnummer.eu in Article 5, to refuse to receive or to accept or to accept the Products and / or to pay the amount owed by it to TUEX CV / EANnummer.eu.
5. If, in the case of physical Products, the Products could not be delivered as a result of a circumstance attributable to the Other Party, TUEX CV / EANnummer.eu is entitled to keep the Products at the expense and risk of the Other Party, without prejudice to the obligation of the Other Party to pay the amount owed by it to TUEX CV / EANnummer.eu under the Agreement. The additional costs to be incurred in connection with the non-acceptance by the Other Party as referred to here, such as extra delivery costs, will therefore be borne by the Other Party. The provisions of the foregoing in this paragraph do not affect the fact that the risk of loss and damage to the Products will not pass to the Other Party until the Products have been received by or on behalf of the Other Party.
ARTICLE 7. | INVESTIGATION AND COMPLAINTS
1. At the time of delivery of the Products, the Other Party must immediately investigate whether the nature and quantity thereof comply with the Agreement. If, in the opinion of the Counterparty, the nature and / or quantity of the Products do not comply (s) with the Agreement, the Counterparty must immediately notify TUEX CV / EANnummer.eu thereof In Writing.
2. The provisions of paragraph 1 are without prejudice to the mandatory statutory complaint period of two months for Consumers, as provided for in Article 7:23 of the Dutch Civil Code.
3. If the Other Party does not submit a timely complaint, no obligation whatsoever ensues for TUEX CV / EANnummer.eu from such a complaint of the Other Party.
4. Even if the Other Party makes a timely complaint, the Other Party's obligation to pay on time will continue to exist, without prejudice to the mandatory legal rights of Consumers in this respect.
5. Physical Products can never be returned without prior Written permission from TUEX CV / EANnummer.eu.
6. If a complaint from a Consumer in connection with a Distance Agreement cannot be resolved by mutual agreement, the Consumer can submit the dispute to the disputes committee via the ODR platform (ec.europa.eu/consumers/odr/ ).
ARTICLE 8. | SUSPENSION AND DISSOLUTION
1. TUEX CV / EANnummer.eu is, if the circumstances of the case reasonably justify it, authorized to suspend the performance of the Agreement or to dissolve the Agreement in whole or in part with immediate effect, if and insofar as the Other Party discharges its obligations. does not comply with the Agreement, or does not fulfill it in time or in full, or circumstances that have become known to TUEX CV / EANnummer.eu after the conclusion of the Agreement give good reason to fear that the Other Party will not fulfill its obligations. If the fulfillment of the obligations of the Other Party with regard to which it fails or threatens to fail is not permanently impossible, the authority to dissolve will only arise after the Other Party has been declared in default in Writing by TUEX CV / EANnummer.eu, in which notice of default, a reasonable period is stated within which the Other Party can (still) fulfill its obligations and after the expiry of the latter period, the performance has still not been fulfilled.
2. If the Other Party is in a state of bankruptcy, has applied for (provisional) suspension of payments, any attachment has been made on its goods or in cases where the Other Party cannot otherwise freely dispose of its assets, TUEX CV / EANnummer.eu is entitled to dissolve the Agreement with immediate effect, unless the Other Party has already provided sufficient security for the fulfillment of its payment obligations.
3. The Other Party will never claim any form of compensation in connection with the right of suspension or dissolution exercised by TUEX CV / EANnummer.eu.
4. The Other Party is obliged to compensate the damage that TUEX CV / EANnummer.eu suffers as a result of the suspension or dissolution of the Agreement.
5. If TUEX CV / EANnummer.eu dissolves the Agreement, all claims against the Other Party are immediately due and payable.
ARTICLE 9. | FORCE OF THE MAJORITY
1. TUEX CV / EANnummer.eu is not obliged to fulfill any obligation under the Agreement if and for as long as it is prevented from doing so by a circumstance that cannot be relieved of it by law, a legal act or generally accepted views. imputed.
2. Insofar as the force majeure situation makes fulfillment of the Agreement permanently impossible, the Parties are entitled to dissolve the Agreement with immediate effect.
3. If TUEX CV / EANnummer.eu has already partially fulfilled its delivery obligations upon the occurrence of the force majeure situation, or can only partially fulfill its delivery obligations, it is entitled to separately invoice the already executed part or executable part of the Agreement as if it were an independent Agreement.
4. Damage as a result of force majeure is never eligible for compensation, without prejudice to the application of the previous paragraph.
ARTICLE 10. | PRICES AND PAYMENTS
1. Unless expressly agreed otherwise in Writing, any delivery costs in connection with the delivery of physical Products will be borne by the Other Party, on the understanding that before an Agreement is concluded with the Other Party, the total price is stated, including any delivery costs. .
2. Unless explicitly stated otherwise, all amounts stated by TUEX CV / EANnummer.eu and owed by the Other Party are exclusive of VAT, on the understanding that an offer addressed to Consumers mentions amounts (also) including VAT. Counterparties located in a country other than the Netherlands, can state their VAT identification number when ordering to transfer the VAT. Where appropriate, the Other Party guarantees the correctness of the VAT number, failing which the consequences thereof will be for the account and risk of the Other Party.
3. In case of prepayment, TUEX CV / EANnummer.eu is not obliged to execute the Agreement until the prepayment has been received in full by TUEX CV / EANnummer.eu.
4. Payments must be made in (one of) the manner (s) indicated by TUEX CV / EANnummer.eu and within the term announced or stated by TUEX CV / EANnummer.eu. In case of bank transfer, TUEX CV / EANnummer.eu uses a payment term of 14 days after the invoice date.
5. TUEX CV / EANnummer.eu is entitled to make the invoices due to the Other Party available to it exclusively by e-mail.
6. The Other Party is always obliged to pay without invoking suspension or set-off, except insofar as the law prevents this for the benefit of the Other Party.
7. If timely payment is not made, the default of the Other Party will take effect by operation of law. From the day that this default occurs, the Other Party owes interest of 2% per month on the outstanding amount, whereby part of a month is considered a full month. Contrary to the previous sentence, instead of the contractual interest referred to there, the statutory interest applies if the Other Party acts in the capacity of Consumer.
8. All reasonable costs, including judicial, extrajudicial and execution costs, incurred in order to obtain amounts owed by the Other Party, will be borne by the Other Party.
ARTICLE 11. | LIABILITY AND INDEMNITY
1. Because TUEX CV / EANnummer.eu supplies codes that are an alternative to codes registered by (company) name, the Products may pose restrictions for offering articles by brand name. For the same reason, the Products may restrict the listing of items in some categories. For this, the Other Party must consult the conditions of the platform on which it wishes to sell the articles. EAN-Barcode does not accept any liability with regard to the consequences of any restrictions that occur as referred to above.
2. TUEX CV / EANnummer.eu cannot guarantee that the delivered codes will be accepted forever by platforms or other organizations. This risk is for the account of the Other Party. TUEX CV / EANnummer.eu does not accept any liability in this respect.
3. The Other Party is at all times responsible for the use of the Products. TUEX CV / EANnummer.eu therefore accepts no liability in this regard.
4. If several providers sell exactly the same article, these providers may use each other's code, regardless of which of them has bought the code. The Other Party accepts this circumstance and this cannot be regarded as a shortcoming of TUEX CV / EANnummer.eu.
5. TUEX CV / EANnummer.eu is, except in the case of intent and deliberate recklessness on its part, never liable for indirect damage, including loss suffered, lost profit and damage as a result of business interruption. TUEX CV / EANnummer.eu is, without prejudice to the other provisions of these general terms and conditions and in particular the provisions of paragraph 7, to be held liable to the Other Party only for direct damage suffered by the Other Party as a result of an attributable shortcoming by TUEX CV. /EANnummer.eu in the fulfillment of its obligations under the Agreement. An attributable shortcoming must be understood to mean a shortcoming that a good and careful colleague can and should avoid, all this with due observance of normal vigilance and the professional knowledge and resources required for the implementation of the Agreement. Direct damage is exclusively understood to mean:
- the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage that is eligible for compensation within the meaning of these general terms and conditions;
- any reasonable costs incurred to have the defective performance of TUEX CV / EANnummer.eu conform to the Agreement, insofar as these can be attributed to TUEX CV / EANnummer.eu;
- reasonable costs incurred to prevent or limit damage, insofar as the Other Party demonstrates that these costs have led to limitation of direct damage within the meaning of these general terms and conditions.
6. Should TUEX CV / EANnummer.eu be liable for any damage, then TUEX CV / EANnummer.eu has the right to repair this damage at all times. The Other Party must give TUEX CV / EANnummer.eu the opportunity to do so, failing which any liability of TUEX CV / EANnummer.eu in this respect will lapse.
7. The liability of TUEX CV / EANnummer.eu is limited to no more than the invoice value of the Agreement, at least to that part of the Agreement to which the liability of TUEX CV / EANnummer.eu relates.
8. Contrary to the statutory limitation period, the limitation period of all claims and defenses against TUEX CV / EANnummer.eu is one year. Contrary to the previous sentence, claims and defenses accruing to Consumers that are based on facts that would justify the assertion that the delivery does not comply with the Agreement will lapse after two years.
9. The Other Party indemnifies TUEX CV / EANnummer.eu against any claims and claims of third parties for damage the cause of which is attributable to others than TUEX CV / EANnummer.eu. If TUEX CV / EANnummer.eu should be addressed by third parties on that basis, the Other Party is obliged to assist EAN-Baracode.nl both in and out of court and to immediately do everything that can reasonably be expected of it in that case. . Should the Other Party fail to take adequate measures, TUEX CV / EANnummer.eu is entitled to do so itself, without notice of default. All costs and damage on the part of TUEX CV / EANnummer.eu and / or third parties that arise as a result, are fully for the account and risk of the Other Party.
10. With regard to the delivery to Consumers, the restrictions in this article do not extend beyond what is permitted under article 7:24 paragraph 2 of the Dutch Civil Code.
ARTICLE 12. | FINAL PROVISIONS
1. Dutch law is exclusively applicable to every Agreement and all legal relationships arising therefrom between the Parties.
2. Before any appeal to the Court, the Parties are obliged to make every effort to settle the dispute in mutual consultation.
3. Except insofar as the law makes it mandatory under the given circumstances of the case, only the competent Court within the district of the place of business of TUEX CV / EANnummer.eu is appointed to take cognizance of any legal disputes between the Parties.
4. These General Terms and Conditions are written in Dutch and only this Dutch text is leading in discussions and disputes.