Leveringsvoorwaarden

General Terms and Conditions EUport BV

Established in Groningen.
Version valid from August 28, 2025

Article 1. General

1.1 In these general terms and conditions of sale, 'EUport' refers to: EUport, trade name of Euport BV.

1.2 These terms and conditions form part of all offers from and agreements with EUport, insofar as no explicit written deviation has been made.

1.3 Subject to the provisions of Article 6.4, these terms and conditions also apply if EUport is required to engage third parties for the execution of all agreements.

1.4 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by EUport.

1.5 In the event that the Terms and Conditions and an Agreement contain mutually contradictory clauses, the Agreement shall prevail.

1.6 If any part of the Terms and Conditions is void or annulled, the remaining provisions of the Terms and Conditions shall remain in full force and effect, and the parties shall be bound to endeavor, in good faith, to establish a replacement clause that is valid and approximates the original intentions of the parties as closely as possible.

Article 2. Offers and conclusion of agreements

2.1 All offers are without obligation, unless expressly stated otherwise by EUport.

2.2 Agreements for the delivery of goods and/or services only bind EUport after written confirmation. Actual performance by EUport or an invoice sent by EUport is equivalent to a written confirmation of the offer.

2.3 If the accuracy of the content of this written confirmation is not disputed in writing within 8 days, EUport and the customer are bound by it.

2.4 Offers from EUport do not automatically apply to subsequent orders.

2.5 EUport cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious error or clerical mistake.

2.6 Additions, modifications, and/or further agreements are only valid if agreed upon in writing.

Article 3. Prices/Price Increase

3.1 Unless otherwise stated, all prices are expressed in Euros, excluding value added tax (VAT). It will be clearly indicated in the confirmation whether VAT applies.

3.2 EUport.nl guarantees that price increases will not occur after the conclusion of the agreement, unless the price increase is the result of statutory regulations and/or provisions.

3.3 If the price increase is not the result of statutory regulations and/or provisions, the consumer has the right to terminate the distance contract effective on the day the price increase takes effect.

Article 4. Delivery

4.1 If items are available from stock, they will be shipped immediately after ordering. EUport may charge shipping costs for the shipment of ordered items. Delivery of ordered items takes place at the postal address known to EUport, which is not of a temporary nature, and is handed over to the natural person present at the delivery address.

4.2 The customer must sign for receipt of the products. This is only different if the customer has grounds for refusal based on the law.

4.3 If the customer refuses acceptance or is negligent in providing information or instructions necessary for delivery, the items will be stored at the customer's expense and risk.

4.4 EUport's obligation to deliver will, unless proven otherwise, be deemed fulfilled as soon as the items delivered by EUport have been offered to the customer once. In the case of home delivery, the carrier's report, stating the refusal of acceptance, constitutes full proof of the offer of delivery, unless proven otherwise.

4.5 In the event of refusal of the goods offered, return freight and storage costs, as well as the risk of damage to or loss of the refused goods, shall be entirely at the expense of the purchaser, unless the purchaser invokes the right to dissolve the purchase or replace the goods on valid grounds.

4.6 In the case of dropshipments, the purchaser is responsible for the shipment, even if the actual shipment is carried out by Euport. Responsibility passes from Euport to the purchaser as soon as the package has been delivered to the carrier.

Article 5. Delivery Time

5.1 A delivery time specified by EUport shall never be regarded as a firm deadline. The delivery time commences only after all necessary data is in the possession of EUport, after which EUport will endeavor to effect delivery within 30 days.

5.2 In accordance with the rules of distance selling, EUport (contractor) shall execute orders with due speed, but at least within 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot be executed or can only be partially executed, the consumer (client) will receive notification within 1 month after placing the order and, in that case, has the right to cancel the order without costs or notice of default.

Article 6. Dissolution

6.1 Without prejudice to EUport's rights under the law, EUport is entitled, by means of a written declaration to that effect to the Customer, to suspend or dissolve the agreement in whole or in part, with the right to compensation from the Customer, if, after the conclusion of the agreement, circumstances come to EUport's attention which give EUport good grounds to fear that the Customer will not fulfill its obligations, or if EUport requested security for performance upon the conclusion of the agreement and this security is not provided or is insufficient (despite a formal demand), as well as in the event of the Customer's bankruptcy, a voluntary application for bankruptcy by the Customer, suspension of payments, liquidation or a decision to that effect, complete or partial transfer of the Customer's business, or seizure of any part of its assets.

6.2 If circumstances arise regarding persons and/or materials that EUport employs or customarily employs in the performance of the agreement, which are of such a nature that the performance of the agreement becomes impossible or so burdensome and/or disproportionately expensive that compliance therewith can no longer reasonably be demanded, EUport is entitled to dissolve the agreement.

6.3 In the case of goods delivered based on an order placed with EUport, if it concerns a consumer purchase, the customer has the right, in accordance with Article 7:5 of the Dutch Civil Code, to dissolve the agreement within a period of 7 working days without giving reasons, unless expressly agreed otherwise. This period commences at the moment the ordered goods have been delivered. If the customer has not returned the delivered goods to EUport after the expiry of this period, the purchase is final. Before proceeding with the return, the customer is obliged to notify EUport thereof within the period of 7 working days after delivery. The purchaser must prove that the delivered goods were returned in a timely manner (no later than 10 working days after delivery), for example by means of proof of postal delivery. The return of the delivered goods is entirely at the expense and risk of the purchaser. The goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered, or damaged in any way by the purchaser, the right to dissolution within the meaning of this paragraph shall lapse. Subject to the provisions of the previous sentence, EUport shall confirm the dissolution of the purchase immediately after receipt and inspection of the returned goods and shall ensure that the full purchase amount is refunded to the purchaser free of charge within 30 days after proper receipt of the complete return shipment. Acceptance is only possible if the product is returned unused and in unopened packaging..

6.4 The right of dissolution, as described in the previous paragraph, applies only to the delivered goods and shall in no case apply to services, such as telephone subscriptions from the (mobile) network operators offered by EUport. With regard to the latter services, for which EUport acts merely as an intermediary or agent, the general terms and conditions of said network operators shall apply.

Article 7. Force Majeure

7.1 Force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all circumstances over which EUport has no influence and which hinder or make the delivery of goods impossible, including but not limited to strikes at EUport and/or suppliers, disruptions in the Internet or WAP, power outages, disruptions in email traffic, and disruptions or changes in technology supplied by third parties.

7.2 A claim of force majeure may also be made if the circumstance preventing (further) performance occurs after EUport should have fulfilled the obligation.

7.3 If the period during which performance of the obligation by EUport is impossible due to force majeure lasts longer than 2 weeks, both parties are entitled to dissolve the agreement, without any obligation to pay compensation in that case.

7.4 If, upon the occurrence of force majeure, EUport has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or the deliverable part separately, and the customer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or the deliverable part has no independent value.

Article 8. Warranty

8.1 EUport.nl offers no more extensive warranty on delivered goods than the warranty (conditions) of the manufacturer of these goods, without prejudice to the rights of the customer arising from mandatory statutory provisions.

8.2 However, EUport.nl is never responsible for the ultimate suitability of the goods for any individual application by the customer, nor for any advice regarding the use or application of the goods.

8.3 The customer is obliged to inspect the delivered goods immediately upon receipt. If it appears that the delivered item is incorrect, defective, or incomplete, the customer must report these defects immediately in writing to EUport (before proceeding to return it to EUport). Any defects or incorrectly delivered goods must and can be reported in writing to EUport no later than 2 months after delivery. The goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. Putting into use after discovery of defects, damage occurring after discovery of defects, encumbrance and/or resale after discovery of defects, renders this right to claim and return entirely void.

8.4 If the customer's complaints are deemed justified by EUport, EUport will, at its discretion, either replace the delivered goods free of charge or enter into a written agreement with the customer regarding compensation, provided that EUport's liability and consequently the amount of compensation is always limited to a maximum of the invoice amount of the goods in question, or (at EUport's option) to the maximum amount covered in the relevant case by EUport's liability insurance. Any liability of EUport for any other form of damage is excluded, including supplementary compensation in any form whatsoever, compensation for indirect damage or consequential damage, or damage due to lost profits.

8.5 EUport.nl is not liable for damage caused by intent or equivalent conscious recklessness on the part of non-managerial personnel.

8.6 This warranty does not apply if: A) and for as long as the customer is in default towards EUport; B) the customer has repaired and/or modified the delivered goods themselves or has had them repaired and/or modified by third parties; C) the delivered goods have been exposed to abnormal conditions or are otherwise treated carelessly or treated contrary to the instructions of EUport and/or the instructions for use on the packaging; D) the defectiveness is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 9. Payment

9.1 Unless otherwise agreed, payment must be made by means of a PIN transaction at the place of delivery of the products. Payment in installments is not possible.

9.2 After the expiration of 10 days following the invoice date, the customer is automatically in default and, from that moment on, owes interest of 1% per month on the outstanding amount, unless the statutory interest rate is higher, in which case the statutory interest rate applies, whereby a part of a month is counted as a full month.

9.3 In the event of bankruptcy or suspension of payments by the customer, or an application therefor, the claims of EUport and the obligations of the customer towards fosca.nl become immediately due and payable.

9.4 If EUport has to hand over its claim for collection, the customer owes a fixed amount of 15% of the amount due in extrajudicial collection costs, with a minimum amount of 250 euros.

9.5 If EUport can demonstrate that it has incurred higher costs which were reasonably necessary, these also qualify for reimbursement.

Article 10. Retention of Title

10.1 The title of all goods sold and delivered by EUport to the Customer shall remain with EUport as long as the Customer has not satisfied EUport's claims arising from the agreement or earlier or later similar agreements, as long as the Customer has not yet paid for the work performed or yet to be performed under this or similar agreements, and as long as the Customer has not yet satisfied EUport's claims due to failure to perform such obligations, including claims for fines, interest, and costs, all as referred to in Article 3:92 of the Dutch Civil Code.

10.2 The goods delivered by EUport subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.

10.3 The Customer is not authorized to pledge the goods subject to retention of title nor to encumber them in any other way.

10.4 The Purchaser hereby grants unconditional and irrevocable permission to EUport or a third party to be appointed by EUport to enter all places where its property will then be located and to take such items away, in all cases where EUport wishes to exercise its ownership rights.

10.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the Purchaser is obliged to notify EUport thereof as soon as may reasonably be expected.

10.6 The Purchaser undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage, as well as against theft, and to provide the policy of this insurance for inspection to EUport upon first request.

Article 11. Privacy

11.1 EUport.nl respects the privacy of online visitors to its website and is the sole owner of the information obtained via this website, unless otherwise indicated. This information is not sold, shared, or rented by EUport to third parties in any manner other than as stated in this privacy statement.

11.2 Information from which the identity of an online visitor to the EUport website can be derived is voluntarily provided by the visitor. This information may be used within EUport (and all its subsidiaries and brands) with the aim of making visits to our websites as simple and enjoyable as possible. In addition, this information may be used for analysis and to provide information about EUport's product portfolio. The customer expressly consents to this. EUport is entitled to disclose information about a visitor in special cases, when there is reason to believe that disclosing that information is necessary to identify, contact, or initiate legal proceedings against someone who, whether intentionally or unintentionally, infringes upon or damages the rights or property of EUport, other users of its website, or others who may suffer harm as a result. EUport is entitled to release user information when we believe in good faith that the law requires it.

11.3 EUport.nl collects non-personal information about our online visitors in order to determine the total number of visitors to the website, as well as the type of Internet browser and operating system used. Personal data may be deleted at the request of the online visitor, provided that this does not entail disproportionate effort or costs for EUport.

Article 12. Intellectual Property Rights

12.1 Unless expressly agreed otherwise in writing, the full copyrights and all other intellectual and industrial property rights relating to the goods or services supplied by EUport, such as trademark rights, design rights, patent rights, sui generis database rights, etc., shall vest exclusively in EUport and/or its suppliers.

12.2 The parties undertake to take sufficient measures to ensure confidentiality regarding each other's data of a confidential nature of which they become aware during the execution of the agreement.

Article 13. Applicable Law

Dutch law applies exclusively to all offers and agreements of EUport. The applicability of the Vienna Sales Convention is expressly excluded.

Article 14. Disputes

14.1 The customer may email EUport's Customer Care helpdesk at service@EUport for questions and/or complaints. Complaints are generally handled within 7 working days. If this is not possible for any reason, the customer will be informed of the delay.

14.2 The customer has the opportunity to submit the dispute to an independent dispute resolution committee. This may be the Thuiswinkel Dispute Resolution Committee or another equivalent dispute resolution committee.