General
Article 1. Applicability
1.1 These General Terms and Conditions apply to all offers and agreements, execution of assignments and deliveries of Euro access BV, hereinafter referred to as Euro access. Deviations can only be agreed in writing with Euro access.
1.2 In these terms and conditions, “customer” means the buyer or client, or anyone who enters into or wants to enter into an agreement with Euro access, or for whom Euro access makes an offer or performs a delivery or performance. In the event that there are several customers who together give an order or place an order, they are jointly and severally liable to Euro access for payment of the (counter) performance, regardless of the name of the invoice.
1.3 If Euro access does not always require strict compliance with these terms and conditions, this does not mean that these terms and conditions would not apply or that Euro access would lose the right to demand strict compliance with these terms and conditions in future cases, whether similar or not.
1.4 If any provision of these Terms and Conditions is not valid or applicable for any reason, these terms and conditions shall otherwise remain in force.
1.5 The applicability of deviating clauses and any general terms and conditions of the customer is expressly rejected by Euro access. Such clauses only bind Euro access insofar as they have been expressly accepted in writing by Euro access.
Article 2. Offer
2.1 All offers, quotations and quotations made by Euro access, in whatever form, are without obligation and based on the data, designs, drawings, and data derived from them provided by the customer.
2.2 An offer is only binding if this has been made in writing by Euro access stating a period during which the offer is open for acceptance.
2.3 Price lists, brochures, printed matter, etc. provided by Euro access are subject to change and do not count as quotations.
2.4 Euro access reserves the right to refuse orders without giving reasons, to deliver them only cash on delivery, or to demand payment in advance.
Article 3. Agreement
3.1 An agreement is concluded after Euro access has confirmed an order or assignment in writing or after Euro access has started the execution of the order or assignment. The order or order confirmation is deemed to accurately and completely reflect the agreement, unless the customer objects to this in writing within five working days.
3.2 For deliveries for which no order confirmation is sent due to the nature and/or size, the invoice also counts as an order confirmation. This is deemed to represent the agreement correctly and completely, unless the customer protests in writing within five working days of the invoice date.
3.3 Additions and changes to an agreement only bind Euro access insofar as they have been confirmed in writing by Euro access.
3.4 Euro access is authorized, if it deems this necessary or desirable, to engage third parties for the correct execution of the order or assignment given to it. The costs of this will be passed on to the customer in accordance with the quotations provided.
3.5 Euro access uses a minimum order value of € 50 per order, below this amount we pass on € 3.99 order costs to you. Orders that are picked up in our warehouse are recalculated at the counter so that there are no order costs.
Article 4. Prices
4.1 Unless otherwise agreed in writing, all prices and rates are in euros, excluding VAT and administration costs.
4.2 The prices are based on the prices, rates, wages, taxes, duties, charges, etc. existing during the offer. In the event of an increase in one or more of the cost price factors, Euro access is entitled to increase the price accordingly. Such a price increase does not give the customer the right to dissolve the agreement.
4.3 The prices are always exclusive of levies that may or may not be levied by the government in connection with the sale or use of goods to be supplied by Euro access, including environmental taxes, disposal fees and packaging schemes; Euro access is entitled to pass on the relevant levies and costs to the customer.
4.4 In the event of an agreement in which there are periodically due amounts, Euro access is entitled to adjust the prices and rates by means of a written notification and with due observance of a period of three (3) months. If the customer does not agree with the changed prices and/or rates, he is entitled to terminate the agreement in writing within seven (7) days of receipt of the said notification by the date stated in the notification on which the price or tariff change would take effect. Termination does not affect the customer’s obligations to pay the consideration for the period up to the aforementioned planned effective date.
Article 5. Complaints procedure
5.1 The customer, or a third party acting on his behalf, must immediately (after receipt) accurately check the goods delivered by Euro access.
5.2 Complaints about defects with regard to the goods delivered in whole or in parts must be notified in writing to Euro access within five (5) working days after delivery, stating the delivery or invoice number of the shipment in question, failing which any right of the customer in this regard has lapsed. Delivered goods that have been ordered incorrectly or too much by the customer are at the risk of the customer and will not be taken back by Euro access.
5.3 The customer shall provide all cooperation necessary for the investigation of the complaint, including by giving Euro access the opportunity to investigate all relevant circumstances associated with the complaint. If the customer does not cooperate or otherwise investigation is not (or no longer) possible, the complaint will not be processed and the customer has no claims in this regard.
5.4 The customer cannot derive any rights from handling a complaint. Complaining does not release the customer from his payment obligations towards Euro access.
5.5 The customer is obliged to immediately cease the use, processing, processing and/or installation of the goods in question and furthermore to do everything reasonably possible to prevent (further) damage.
5.6 Provided that a complaint has been made in a timely, correct manner and in accordance with this article and that the customer has sufficiently demonstrated that the goods do not comply with what has been agreed in this respect, Euro access has the choice either to replace the goods that have proven to be unsatisfactory by returning them with new items, or to repair the goods in question properly, or to refund the purchase price thereof or to credit the invoiced amount, or to grant the customer a discount on the price to be determined by mutual agreement. If this is not reasonably possible for Euro access, the customer has the right to dissolve the agreement, unless the shortcoming does not
justify dissolution. By fulfilling one of the aforementioned services, Euro access has fully fulfilled its obligations. The customer is not free to return the goods before Euro access has agreed to this in accordance with the provisions of the applicable RMA Terms and Conditions.
Article 6. Payment
6.1 Unless otherwise agreed in writing, payment must be made by deposit or transfer to a bank account designated by Euro access within fourteen (14) days of the invoice date. The currency day indicated on Euro access’ bank statements is considered the day of payment.
6.2 Payment will be made without set-off or suspension for any reason whatsoever.
6.3 Payment must be made at once, unless payment in installments has been agreed, whereby each due term is deemed to constitute a separate payment.
6.4 If the customer does not pay the amounts due within the agreed period, the customer will be in default by operation of law and Euro access is entitled, without prejudice to its other rights, to charge the customer the statutory interest, plus a surcharge of 3%, on the entire amount due, from the due date of the invoice in question until the day of full payment. In addition, all extrajudicial and judicial collection costs to be incurred are borne by the customer. The amount of the extrajudicial collection costs owed to Euro access is calculated in accordance with the collection rate of the Dutch Bar Association. The amounts entered in Euro access’ books for the aforementioned costs will provide full proof of their course.
6.5 If Euro access sees reason to do so, Euro access may request further security, failing which it may suspend the execution of the agreement.
6.6 Unless otherwise agreed in writing in advance, orders will only be delivered after prepayment in the case of new relations.
6.7 In the event that the customer fails to fulfil any obligation arising from the agreement or does not fulfil it on time, enters into a debt settlement with its creditors, applies for suspension of payments, becomes bankrupt, closes or transfers his business, if attachment is made against him or in the event that performance by the customer can no longer be expected on reasonable grounds, any claim by Euro access against the customer is immediately and payable in its entirety. Euro access also has the right to dissolve the agreement insofar as it has not yet been (fully) executed without further
notice of default or judicial intervention and to take back the goods that have not yet been delivered, all this without prejudice to Euro access’ right to payment or compensation, and its right to suspend the execution of the agreement.
Article 7. Retention
of title 7.1 All goods delivered to the customer remain the property of Euro access until the moment of full payment of all amounts, including any interest and costs, that the customer owes for the goods delivered or to be delivered under any agreement or services performed or to be provided, and / or failure to comply with such an agreement.
7.2 The customer is obliged to ensure careful handling of the goods and to insure them against the usual risks and lacks the right to encumber, rent, use and/or (silently) establish a lien on the delivered goods other than after written permission from Euro access, as long as the customer has not fully fulfilled his obligations towards Euro access.
7.3 If and as long as Euro access is the owner of the goods, the customer will immediately inform Euro access when the goods are seized or otherwise claimed for (any part of) the goods. In addition, the customer will inform Euro access (in that case) where the goods, of which Euro access is the owner, are located. In the event of attachment or (provisional) suspension of payment, the customer shall immediately inform the seizing bailiff or the administrator of the (property) rights of Euro access. The customer guarantees that an attachment of the goods will be lifted immediately.
7.4 If the same type of goods have been delivered on one or more unpaid invoices, the goods present at the customer are deemed to have been delivered on the unpaid invoices.
Article 8. Delivery time
8.1 All (delivery) terms mentioned by Euro access are approximate and have been determined on the basis of the data and circumstances that were known to Euro access when entering into the agreement. Specified delivery times can never be regarded as a deadline. If a change in the data and/or circumstances, regardless of their foreseeability, results in a delay, the delivery date will be abandoned accordingly, without prejudice to the provisions below regarding force majeure. In the event of late delivery, Euro access must be given written notice of default, whereby it must still be offered a reasonable period of time for delivery.
8.2 Exceeding the delivery times specified by Euro access, for whatever reason, never entitles the customer to compensation or non-compliance with any obligation incumbent on him under the relevant agreement or a related agreement.
Article 9. Delivery and risk
9.1 Unless otherwise agreed in writing, delivery takes place ex warehouse Euro access. From the moment of delivery, the risk (of loss, decay, damage, etc.), regardless of the cause, passes to the customer.
9.2 If it has been agreed that the delivery will take place in phases, Euro access may postpone the deliveries of the following phases until the customer has approved the delivered in writing in the previous phase and has fulfilled all his (financial) obligations regarding the partial delivery. In the case of partial deliveries, Euro access is entitled to invoice them separately.
9.3 If delivered goods are available to the customer after the expiry of the delivery time but are not purchased by him, these will be stored at his disposal at his expense and risk.
9.4 It is possible that in the event of unforeseen circumstances, we may not be able to deliver an order in full. You will not see the undelivered items with the associated costs on your invoice. The part that you have paid too much will be automatically refunded by our payment provider within a few days, based on Pay.nl. If the missing item is available within a few days, we will offer you a backorder.
9.5 If there is a defect on delivery (DOA) or a MANCO delivery, this must be made known to us within 48 hours. This must be done in writing (info@euroaccess.com) so that we can solve and administer this as well as possible.
Article 10. Transport
Euro access determines the method of transport, shipping and packaging. Shipment and transport of goods is always at the expense and risk of the customer. Euro access is only obliged to take out (transport) insurance if and insofar as Euro access has undertaken to do so in writing.
Article 11. Force
majeure 11.1 If Euro access is prevented (further) from executing the agreement due to force majeure
of a permanent or temporary nature, Euro access is entitled to dissolve the agreement in whole or in part by means of a written notification to that effect without judicial intervention, without prejudice to Euro access’ right to payment by the customer for services already performed by Euro access, before the force majeure situation occurred, or to suspend the (further) execution of the agreement. In the event of suspension, Euro access will still be entitled to dissolve the agreement in whole or in part.
11.2 Force majeure includes all circumstances as a result of which Euro access is temporarily or permanently unable to meet its obligations, such as strike, transport difficulties, fire, government measures, including in any case import and export bans or restrictions, business disruptions at its or at its suppliers, as well as shortcomings by its suppliers, as a result of which Euro access is not reasonably able to fulfil its obligations towards the customer (more) can fulfill.
Article 12. Warranty
12.1 Unless otherwise stipulated in the RMA Terms and Conditions Euro access if agreed, Euro access guarantees to the customer that the delivered goods meet the applicable specifications issued by the supplier for three (3) months after delivery. If the product specifications are neither known nor known to the customer, Euro access guarantees to the customer that the delivered goods do not show any material or construction defects during the same period. The warranty mentioned in the previous sentences only applies if the goods are used normally and carefully and all instructions and other warranty regulations given for use included in the agreement, the RMA Terms and Conditions Euro access and in the warranty certificate, are and are punctually and completely fulfilled. The guarantee only means that Euro access will correct these errors to the best of its ability, or replace the goods, at the discretion and discretion of Euro access. Consumables such as batteries, cables and memory carriers are excluded from this warranty. Products or parts thereof, which are replaced pursuant to this warranty, become the property of Euro access. Defects must be reported in writing to Euro access in order to be processed. Euro access is never liable for the recovery of data lost for any reason.
12.2 The warranty does not apply if the errors are wholly or partly the result of incorrect, careless or incompetent use, use for other than normal (business) purposes, external causes, such as fire or water damage, or if the goods have been changed by others than Euro access or have not been professionally and regularly maintained. Nor can the warranty be invoked if replacement has taken place of any (sub)part with less compatible and / or qualitatively not at least with the original parts equivalent items.
12.3 By fulfilling one of the services mentioned in Art. 12.1, Euro access has fully fulfilled its obligations in this regard. The customer is not entitled to claim compensation, nor is the customer entitled to dissolve the agreement in whole or in part.
12.4 If Euro access involves goods from a subcontractor, the warranty is limited to the applicable warranty conditions of the supplier. Euro access will inform the customer at his request about the applicable provisions. In particular, the warranty on Samsung Service Pack LCD is via Samsung and the lead time is at least 10 working days. ATTENTION! Important, the Service Pack LCD must be offered complete in the original box for warranty. If the warranty is granted by Samsung, the purchase price will be reimbursed.
Article 13. Liability and indemnification
13.1 Euro access is not liable for damage to the delivered goods other than with due observance of the provisions of this article 13. In any case, the contractual and legal liability of Euro access is at all times limited to the amount of the purchase price of the item in respect of which such liability arose.
13.2 Euro access is not liable, either on the basis of the law or from the agreement, for so-called consequential damage that the customer or a third party may suffer with regard to (the use of) the delivered goods, including business loss, environmental damage and immaterial damage.
13.3 The provisions of the preceding paragraphs do not affect the liability of Euro access under Title 3, Section 3, Book 6 of the Dutch Civil Code (Product Liability).
13.4 Unless the damage is caused by gross negligence or intent on the part of Euro access, the customer shall indemnify Euro access against all claims from third parties, directly or indirectly related to (the use of) the delivered goods and shall compensate Euro access for all damage suffered by Euro access as a result of such claims.
Article 14. Confidentiality
14.1 The parties are mutually obliged to maintain complete confidentiality towards third parties of confidential (business) information provided back and forth. The customer is obliged to take measures to ensure that this confidentiality is observed by his employees.
14.2 The customer is not permitted to copy, reproduce or modify documentation of which the copyrights belong to Euro access, both during the term and after the termination of the agreement, without the prior express written permission of Euro access. Nor is he permitted to give third parties permission to do so.
14.3 In the absence of compliance with the provisions of this article, the customer forfeits an immediately due and payable fine to Euro access of € 5,000 per violation or per day, that such a violation continues, whereby any publication or communication to third parties or infringement of copyrighted material or reproduction or modification without written permission from Euro access is considered as one violation.
Article 15. The
shall fully comply with national and other (including American) export restrictions with regard to goods obtained pursuant to an agreement with Euro access and shall also impose this obligation on these third parties in the event of resale or any form of making available to third
parties. The Customer indemnifies Euro access against any disadvantage that it will suffer if the Customer is not allowed to fulfil these obligations.
Article 16. Disputes
16.1 All agreements concluded between the parties and resulting legal relationships are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is excluded.
16.2 All disputes arising from or in connection with the agreement to which these terms and conditions apply or the relevant terms and conditions themselves and its interpretation or execution, will be settled by the competent court in Rotterdam or the competent court in the place of residence of the customer, at the choice of Euro access, unless otherwise agreed. If Euro access provides services on behalf of the customer, the following conditions also apply in addition to the above conditions. In the event of any conflict between them, the provisions of Articles 1 to 16 shall prevail.
Article 17. Realization of assignment
17.1 Euro access tries to give the best possible picture of the work to be carried out in its offers.
17.2 Euro access has the right to refuse an assignment without giving reasons and is not liable for the damage that arises or will arise directly or indirectly from this refusal.
17.3 Euro access is only legally represented with regard to contracts for the supply of services by those who are entitled to do so according to registration in the trade register at the Chamber of Commerce.
17.4 As long as an offer by Euro access has not led to an order, Euro access reserves the right to use its capacity elsewhere.
17.5 If, in the opinion of Euro access or in the opinion of the customer, third parties must be involved in the assignment, the customer is obliged to cooperate in all reasonableness.
17.6 All contacts with engaged third parties run via Euro access. The customer can only involve third parties in the execution of the assignment after consultation with Euro access and cannot independently make agreements with these third parties about work.
Article 18. Premature termination of the assignment If Euro access or the customer is of the opinion that the work by Euro access cannot or cannot be carried out in accordance with the quotation, the order confirmation or any further specifications, the
parties will enter into consultation. If the parties do not reach an agreement, each of the parties has the right to terminate the agreement prematurely with a notice period of one month, except for assignments with a term of less than two months. In the event of premature termination in accordance with the previous sentence, the customer shall owe Euro access the agreed fee for services rendered up to the date on which the agreement ends. If the agreement is terminated by the customer, the customer will also reimburse Euro access for the costs related to reserved capacity and deployment of personnel for three months after the date on which the agreement ends.
These RMA Terms and Conditions apply to offers, negotiations and agreements between Euro access as seller and its customer as buyer (the “customer”) with regard to hardware products to be delivered by Euro access. The general terms and conditions of sale and delivery of Euro access also apply. In the event of any conflict between any provision of these RMA Terms and Conditions and the General Terms and Conditions, the latter shall prevail. Such a contradiction shall not affect the validity of the other provisions in these RMA Terms and Conditions. These RMA Terms include an RMA procedure arrangement for: defective products (1) and incorrect delivery (2).
1. Returns and RMA arrangement defective products
General
1.1. A distinction is made between handling DOA, warranty handling and out-of-warranty handling. Always report a defect no later than 5 days after receipt with possibly. photos/videos via info@euroaccess.com
1.2. For products from a number of manufacturers, the customer or end user can contact the manufacturer directly for the DOA and/or warranty handling of a defective product. This is often the easiest and fastest way to repair.
1.3. If the customer wishes to use the RMA service of Euro access for the repair of defective products from manufacturers mentioned under 1.2, standard administration costs will be charged in addition to repair and other costs.
1.4. Any manufacturer’s warranty only applies to hardware defects. Software is never under warranty. Euro access is not responsible or liable for virus detection, virus prevention or any malfunction or loss of data due to viruses, incompatibility, configuration problems, etc.
DOA (Dead On Arrival)
1.5. DOA handling only applies to products from manufacturers that have a DOA scheme. This period is usually 5 days, unless otherwise regulated by the manufacturer. In the event of an accepted DOA, the customer is never entitled to more than an exchange of the defective product for a new product. Products for which there is no DOA regulation or which fall outside the DOA period will be repaired if covered by the manufacturer’s warranty conditions. For all DOA schemes, DOAs will only be accepted if the products are complete, including all accessories, and returned in their original packaging.
Warranty
1.6. A manufacturer’s warranty period starts at the time of delivery (invoice date, delivery note or end user invoice). With regard to defective products, most manufacturer’s warranties assume repair within the warranty period; However, certain products are only exchanged for a new product or an equivalent replacement, depending on the manufacturer’s warranty conditions. If a check shows that the product is not a DOA or does not show a defect, research costs will be charged to the customer. Defects caused by software or configuration problems are never covered by any warranty.
Warranty terms:
Xssive products: 1 year
- Service Pack: warranty expires after complete pasting/assembly
- Apple Compatible: 1 month (excludes: physical damage, such as scratches/cracks)
- Apple Incell & Refurbished: 6 months (excludes: physical damage, such as scratches/cracks)
- Other brands: 6 months (except: physical damage, such as scratches/cracks)
- Out-of-warranty handling
1.7. If products fall outside the warranty period or show defects as a result of improper or improper use (e.g. fall, moisture damage or damage caused when the defective product is shipped to Euro access), the customer will receive a written quotation for approval before repairing is carried out. If the customer does not agree to the quotation, the aforementioned research costs will be charged. The warranty of Service Pack LCD expires after it has been assembled. Test these before assembly.
Procedure
1.8. Register an RMA at any time via info@euroaccess.com
1.9. In the case of an RMA request, at least the following information must be stated:
– article number and product description, type of warranty handling (DOA, warranty or out of warranty).
– invoice number/delivery note (for DOA/warranty provision); -serial number; – clear description of the complaint;
– If repair of the article has been agreed in advance with Euro access, the customer must state the agreed amount of repair.
1.10. Incomplete or unclear forms will not be processed. A proof of warranty must always be attached to the product. Defective products sent without warranty will be treated as falling outside warranty. Important: LCD screens are only handled with box. The warranty of Service Pack LCD screens expires after pasting/mounting. Always test it first before mounting. Failure to include a warranty certificate may cause delays in handling and/or repair. No rights can be derived from the warranty processing stated on the RMA form; the existence and extent of the possible applicable warranty will be determined as soon as possible after receipt by Euro access of the defective product. Products can only be returned at the risk of the customer and must always be properly packaged for transport. If Euro access receives products that are improperly packaged, the packaging costs for the return transport will be charged. In order to prevent damage, delay in repair and other problems, the customer must take at least the following measures prior to returning defective products:
– the customer must make a backup of the data (Euro access is never responsible for possible loss of data);
– the customer must ensure proper transport packaging;
1.11. Defective products must be sent to Euro access within 7 days stating RMA after registration.
1.12. The costs for shipping to Euro access are at the expense of the customer. Unstamped shipments will not be accepted. The customer is responsible and liable for damage and/or loss during transport to Euro access. The shipping costs of exchange or return to the customer of the repaired product are for the account of Euro access.
1.13 Exceptions:
Private label products including Tempered Glass Screen Protector, cables.
Articles of branded products without packaging.
Items that can no longer be returned for hygienic reasons, such as earplugs, unless the packaging is still sealed.
2. RMA regulation wrong delivery by Euro access
2.1. Return of products incorrectly delivered by Euro access to the customer only takes place with due observance of the following conditions.
2.2. An RMA request must be submitted in writing within five (5) working days of deliveryto be sent by e-mail. The products to be returned must be current and saleable as new, in undamaged packaging, unopened and without broken seals. Products ordered, combined or adapted at the request of the customer can never be returned.
2.3. The RMA form shall be clearly visible on the outside of the transport packaging.
2.4. Products that are returned to Euro access without an RMA number will be refused, as well as unstamped shipments. After receipt and inspection of the products in the warehouse, the administrative handling and a possibly. Credit note. The amount of the credit depends on the condition of the products, at the sole discretion of Euro access.
3. Returning incorrectly ordered (as of January 1, 2022)
3.1 Incorrectly ordered products may be returned in original condition within 2 weeks of purchase date (invoice date). The costs for a return shipment to Euro access are at the expense of the customer. We also apply an administration fee of 10% of the purchase amount with a minimum of 10 euros.