Article 1. Definitions
Easybricks.nl is a Lego rental with the purpose of rental. In these General Terms and Conditions 'Customer' shall mean: the natural or legal person, whether or not acting in execution of his profession or business, who makes use of the Services of Easybricks.nl. In these General Terms and Conditions 'Agreement' shall mean: the legal relationship between Easybricks.nl and Customer, in the broadest sense of the word. In these General Terms and Conditions 'Services' shall mean: all products and services delivered to Customer by Easybricks.nl and/or third parties engaged by Easybricks.nl, as well as all other work carried out by Easybricks.nl for the benefit of Customer, of whatever nature, carried out within the framework of an order, including work that is not carried out at the express request of Customer. In these General Terms and Conditions “Website” shall mean: the Website easybricks.nl..
Article 2. Applicability of the General Terms and Conditions
The General Terms and Conditions shall apply to all Agreements entered into between Customer and Easybricks.nl whereby Easybricks.nl offers Services or supplies products. Deviations from the General Terms and Conditions shall only be valid if expressly agreed in writing with Easybricks.nl. Applicability of purchase or other conditions of the Customer are expressly rejected, unless expressly agreed otherwise in writing. The General Terms and Conditions shall also apply to additional or changed orders from Customer.
Article 3. The Agreement
Customer can also place orders on the Website. The Agreement is then concluded by placing an order. If Easybricks.nl sends a confirmation to Customer, this will be decisive for the contents and interpretation of the Agreement, subject to obvious clerical errors. Easybricks.nl cannot be held to its offer if Customer can reasonably understand that the offer, or any part thereof, contains an obvious mistake or slip of the pen. If Customer makes notes or comments on Easybricks.nl's offer, they do not form part of the Agreement, unless Easybricks.nl confirms them in writing. An order by Customer that has not been preceded by a written offer requires written acceptance by Easybricks.nl.
Article 4. Execution of the Agreement
Easybricks.nl shall make every effort to perform the Services to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship, and as much as possible in accordance with the agreements laid down in writing. Easybricks.nl shall be entitled to have certain work performed by third parties. Easybricks.nl shall exercise due care when engaging third parties and shall consult with Customer in the selection of these third parties, as much as is reasonably possible and customary in the relation to Customer. The costs of engaging these third parties shall be for the account of Customer, and shall be charged by Easybricks.nl to Customer. Customer shall ensure that all data, which Easybricks.nl indicates to be necessary or which Customer should reasonably understand to be necessary for the execution of the Agreement, shall be provided to Easybricks.nl in due time. In case the data necessary for the execution of the Agreement have not been provided in due time to Easybricks.nl, Easybricks.nl shall be entitled to suspend the execution of the Agreement and/or to charge the Customer for the additional costs resulting from the delay according to the then usual rates. Customer shall ensure that Easybricks.nl can perform its Services in a timely and proper manner. Should Customer fail to comply with its agreements in this respect, Customer shall be obliged to compensate for the resulting damage. In case a term has been agreed or given for the execution of Services, this shall never be a deadline. If a term is exceeded, Customer must give Easybricks.nl notice of default in writing. Easybricks.nl must be offered a reasonable term to still fulfil the Agreement.
Article 5. Modification of the Agreement
If during the execution of the Agreement it appears that for a proper execution thereof it is necessary to amend or supplement the Agreement, Easybricks.nl and Customer shall amend the Agreement in due time and in mutual consultation. If the Agreement is amended, including a supplement, it shall be considered an additional order. This additional assignment shall be subject to a separate fee agreement in advance. Without an additional offer, the original conditions will apply, with the additional Services being paid for at the usual rate. Failure to execute or not immediately execute the amended Agreement shall not constitute default on the part of Easybricks.nl and shall not be a ground for the Customer to cancel or dissolve the Agreement. Changes to the originally concluded Agreement between Easybricks.nl and Customer shall only be valid from the moment these changes have been accepted by both parties through an additional or amended Agreement. This amendment shall be in writing.
Article 6. Suspension, dissolution and premature termination of the Agreement.
Easybricks.nl shall be authorised to suspend the fulfilment of its obligations or to terminate the Agreement in case Customer does not fulfil its obligations resulting from the Agreement, does not fulfil these obligations in full or in time, or in case Easybricks.nl has good reason to fear that Customer will fulfil these obligations, provided Easybricks.nl has given Customer notice of default by means of a written demand for payment, whereby Customer is set a reasonable term for fulfilment of the obligations, and fulfilment has not been fulfilled within this term. Furthermore, Easybricks.nl shall be entitled to rescind the Agreement, under the same conditions as referred to in paragraph 1 of this Article, if circumstances arise of such a nature that fulfilment of the Agreement is impossible or unaltered maintenance of the Agreement cannot reasonably be required. In case Customer does not fulfil his obligations resulting from the Agreement, and this non-fulfilment justifies dissolution and Customer is in default, Easybricks.nl shall be entitled to dissolve the Agreement immediately and with immediate effect by means of a written statement to Customer, whereby Customer, on account of non-fulfilment, shall be obliged to pay damages or compensation.
Article 7. Right of withdrawal and returning Products
Customer has the right to cancel a remotely concluded Agreement within 14 (in words: fourteen) days without giving any reason (Right of Withdrawal). For the Agreement relating to the provision of Services, the period of the Right of Withdrawal begins on the day the Agreement is concluded. For Customer, the Agreement can no longer be cancelled in case Easybricks.nl delivers the Services in full within the 14 (in words: fourteen) days reflection period. Upon entering into the Agreement, Customer grants Easybricks.nl permission to do so and declares to waive the Right of Withdrawal. Furthermore, Customer retains the Right of Withdrawal in case the delivery of the Services, at the request of Customer, takes place partially within the 14 (in words: fourteen) days reflection period. However, Customer is obliged to pay for the Services already delivered. In the case of an Agreement concerning the delivery of Products, the period of the Right of Withdrawal commences for the Customer, or a third party designated by the Customer who is not the carrier, on the day on which he: received the Product; received the last Product if the Customer has ordered several Products to be delivered separately in the same order; received the last shipment or part if the delivery of the Product consists of several shipments or parts; or received the first Product in the case of Agreements for regular delivery of Products during a certain period. In case Customer exercises the Right of Withdrawal within the withdrawal period as referred to in paragraph 1 of this Article, Easybricks.nl shall refund in full the amount paid by Customer including shipping costs within 14 (in words: fourteen) days after receipt of the Product. After the withdrawal period, free return is only possible if Customer can prove that upon arrival of the order, damage has occurred to the Product that was not caused by Customer. Customer is subject to a legal presumption of proof in this respect, according to which if the Product deviates from the Agreement within 6 (in words: six) months of receipt, it is presumed that the Product did not comply with the Agreement upon delivery. Customer is during the withdrawal period referred to in paragraph 1 of this Article obliged to handle the received Product and its packaging with care. Customer shall only use the Product and open the packaging to the extent necessary to inspect the Product. The basic principle here is that Customer may not inspect the Product any further than would be done in a physical store. If Customer decides to return the Product, and it is not necessary to remove the packaging, Easybricks.nl requests to refrain from doing so. Customer shall only be liable for diminished value of the Product if this is the result of inspection actions that go beyond those mentioned in paragraph 8 of this Article. Easybricks.nl shall be obliged to provide Customer with a return form in case of a remotely concluded Agreement or to offer this via the Website. If Customer wishes to return the order, Customer can complete the return form. Customer is also free to inform Easybricks.nl in another unambiguous way to dissolve the Remote Agreement. In case Customer fills out the return form electronically or makes Easybricks.nl aware in any other electronic way to dissolve the Distance Agreement, Easybricks.nl shall confirm receipt thereof on a durable data carrier without delay.
Article 8. Cancellation
Cancellation can no longer take place if an e-mail has been sent, stating that the Product has been sent, whereby the time of receipt of this message by Customer is leading.
Article 9. Costs, fees and payment
All amounts mentioned in the offer or on the website are in Euros and include VAT, unless stated otherwise. Easybricks.nl has the right to correct obvious mistakes in the quotation. Payment takes place via . For orders within the Netherlands and Belgium Easybricks.nl charges € 12,50 shipping costs. All invoices must be paid within 14 days, unless another term has been agreed. The Customer is obliged to inform Easybricks.nl immediately of any inaccuracies in the payment details stated or provided. Should the Customer fail to pay an invoice on time, the Customer shall be in default by operation of law, without further notice of default being required. The Customer shall then owe the statutory interest. The interest on the amount due and payable shall be calculated from the moment Customer is in default until the moment of payment of the amount due in full. In case Easybricks.nl decides to collect a claim due to non-payment of one or more unpaid invoices through judicial channels, Customer shall, in addition to the principal sum due and the interest mentioned in paragraph 7 of this article, also be obliged to pay all judicial and extrajudicial costs reasonably incurred. The compensation of judicial and extrajudicial costs incurred shall be determined in accordance with the regulations in force at the time concerning compensation for extrajudicial collection costs.
Article 10. Shipment and delivery
As soon as the order has been received by Easybricks.nl, Easybricks.nl shall send the Products to the address notified by Customer to Easybricks.nl as soon as possible, taking into account the delivery period. The delivery period of Easybricks.nl is in principle . If Easybricks.nl cannot deliver the Products within the agreed delivery period, it shall notify Customer of this as soon as possible. Easybricks.nl shall be entitled to agree a new delivery date in mutual consultation with Customer, provided Customer agrees. The Products are at Customer's risk from the moment the Products have been delivered to Customer by Easybricks.nl or a carrier appointed by Customer at the delivery address stated. Unless agreed otherwise in writing, shipping takes place from Wintelre. Easybricks.nl determines the way of transport and packaging. Easybricks.nl can choose to have the Products delivered via PostNL or another postal delivery company, but can also choose to deliver the Products personally. If the Products are available to Customer after the expiry of the delivery time but are not taken by Customer, the Products shall be stored at Customer's disposal at Customer's risk and expense, regardless of the reason for non-acceptance. If the delivered Product does not substantially comply with the Agreement or in case a Product is lost or received damaged, a suitable solution will be sought in mutual consultation. Customer shall in such a case be entitled towards Easybricks.nl to: Demand delivery of the missing part or Product; Demand repair of the delivered Product, provided that Easybricks. nl can reasonably comply with this; Require replacement of the Product, unless the deviation from the Agreement is too minor to justify this, or the Product has been destroyed or deteriorated after the time Customer should reasonably take into account the dissolution of the Agreement, due to Customer's failure to take care of the Product as a prudent debtor; Terminate the Agreement, unless the deviation from the Agreement does not justify dissolution in view of its minor significance; or Reduce the price in proportion to the degree of deviation from the Agreement. The rights from paragraph 7 under iv and v of this Article shall only arise if repair and replacement of the delivered Products is impossible or cannot be required from Easybricks.nl, or if Easybricks.nl has failed to fulfil its obligations to repair or replace the delivered Products within a reasonable period of time. In case Customer demands replacement of the Product, as referred to in paragraph 7 under iii of this Article, and the ordered Product is no longer available, Easybricks.nl shall be entitled to deliver to Customer a similar Product of the same or similar quality.
Article 11. Force Majeure
Force majeure includes all external causes, beyond the will or control of Easybricks.nl, through which timely, complete or correct fulfilment of the Agreement is no longer possible. Force majeure as referred to in the previous paragraph shall include, but shall not be limited to: non-performance by a third party, illness of Easybricks.nl personnel or a third party, abnormal weather conditions, failures in water and energy supplies, strikes, serious failures in the systems of Easybricks.nl, fire, floods, natural disasters, riots, war or other domestic unrest. In case of force majeure, fulfillment of the Agreement shall be suspended as long as the force majeure lasts. If the force majeure lasts longer than one month, both parties shall be entitled to terminate the Agreement without court intervention. In such case Easybricks.nl shall repay any amounts paid, with a deduction of all costs made by Easybricks.nl with respect to the Agreement.
Article 12. Warranty
Article 13. Complaints
Customer is obliged to inspect or have inspected the delivered Product at the moment of delivery, at least within the shortest possible period of time. In doing so, Customer shall examine whether the quality and quantity of the Product delivered corresponds to that stipulated in the Agreement. Errors or inaccuracies that can be observed during an initial inspection, taking into account the requirements of reasonableness and fairness, must be reported to Easybricks.nl in writing within fourteen (14) working days after receipt of the Products, accompanied by proof of purchase, unless this is impossible or unreasonably onerous. Other complaints, including complaints that could not be detected during an initial inspection, must be reported in writing to Easybricks.nl within one (1) month at the latest, in accordance with the provisions of paragraph 2 of this article.
Article 14. Confidentiality of information.
Each Party warrants that all information received from the other Party that is known or should be known to be of a confidential nature shall remain secret. The Party receiving confidential information shall use it only for the purpose for which it was provided. Data shall in any case be considered confidential if it has been designated as such by either party. Easybricks.nl cannot be held to this if the provision of data to a third party is necessary pursuant to a court order, a statutory regulation or for correct execution of the Agreement. Easybricks.nl shall ensure that all processing of personal data of Customer is in accordance with the General Data Protection Regulation. This means, among other things, that Easybricks.nl only collects personal data on the basis of one of the permitted legal grounds and that Customer can request Easybricks.nl to remove his personal data at any time.
Article 15. Intellectual Property
Easybricks.nl reserves the rights and powers to which it is entitled under the Copyright Act. Easybricks.nl of data. Customer shall indemnify Easybricks.nl against any action based on the allegation that such provision, use, adaptation, installation or incorporation infringes any right of third parties.
Article 16. Complaints procedure
If Client has a complaint, Client should send this in writing to . The complaint shall, if reasonably possible, be dealt with 5 (in words: five) working days after receipt of the complaint by Easybricks.nl, after which Customer shall receive a substantive response as soon as possible. Customer also has the possibility to submit a complaint to the Dispute Commission via the European ODR Platform, which can be found on the website https://emea01.safelinks.protection.outlook.com/?url=http%3A%2F%2Fec.europa.eu%2Fconsumers%2Fodr%2F&data=05%7C01%7C%7C361dbcc5d32b453e94fc08db13f24b48%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C638125703584694196%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=4QSQvvAHG7JXOi5aUsgF7lsf1Mg7iSxQ6JGPPkRBZ0k%3D&reserved=0.
Article 17. Identity of Easybricks.nl
Easybricks.nl is registered at the Chamber of Commerce under number and carries VAT identification number . Easybricks.nl is located at koemeersdijk 11 (5513pa) in Wintelre. Easybricks.nl can be contacted by e-mail at info@easybricks.nl or through the Website easybricks.nl.
