Article 1: Definition of terms
In these General Terms and Conditions the following terms have the following meanings:
Easy Nuts BV: the website Easynuts.nl, other websites that link to Easynuts.nl and the support services provided by Easy Nuts BV;
Contracting Party: a person who wants to conclude a contract with or pass on a relocation message to one of the participating power suppliers, water suppliers, internet providers, telecom providers or insurers via Easynuts.nl;
Supplier: a power supplier, water supplier, internet provider, telecom provider or insurer with whom the Contracting Party has entered into an Agreement after the intermediation of Easy Nuts BV, to which the general conditions of such power supplier, water supplier, internet provider, telecom provider or insurer apply.
Agreement: the Agreements recorded on a form, in a document or in any other way, on the basis of which one or more Services are provided by Easy Nuts BV;
Services: the Services provided by Easy Nuts BV, such as the provision of information, automatic postal code check, intermediation between the Contracting Party and Suppliers, the sale of energy, water, internet, insurance, mobile telephone and other broadband services and the sale of hardware and other products.
Transaction: the intermediation by Easy Nuts BV between the Contracting Party who has concluded an Agreement with one of the Suppliers and this Supplier.
Article 2: Subject matter
Easy Nuts BV performs one or more of the Services as described in the Agreement. Changes in the scope and/or content of a Service must be agreed in writing and will then form part of the Agreement.
Article 3: Provisions
- By using the Services of Easy Nuts BV, you declare that you have read and understood the complete General Terms and Conditions of Easy Nuts BV and that you agree with the entire content of these General Terms and Conditions. Easy Nuts BV cannot be held responsible for the articles, paragraphs and sub-paragraphs referred to in the general conditions of the Suppliers.
- The Services provided by Easy Nuts BV to the Contracting Party will cease once the Contracting Party has registered with one of the participating Suppliers or has been informed that he/she cannot make use of the services of the Supplier due to, but not limited to, technical or administrative restrictions. After the registration or rejection of the requested supply contract with the Supplier via Easy Nuts BV, there is no longer any Agreement in whatever form between Easy Nuts BV and the Contracting Party and, at the discretion of Easy Nuts BV, the Contracting Party is subsequently no longer entitled to the Services provided by Easy Nuts BV.
Article 4: Cooperation by the Contracting Party
- The Contracting Party will, as far as reasonably necessary, provide his/her cooperation in the implementation of the Agreement. He/she will provide the necessary data to Easy Nuts BV, to employees of Easy Nuts BV or to third parties engaged by Easy Nuts BV, and will take measures to ensure that Easy Nuts BV is able to provide its Services properly.
- The employees of Easy Nuts BV or third parties engaged by Easy Nuts BV will comply with the entry regulations and/or security measures of the Contracting Party, as indicated in the Agreement.
Article 5: Confidentiality
Each party is obliged to maintain confidentiality towards third parties with respect to all data of a confidential nature, in whatever form, that has been obtained from the other party. Login details and passwords are only for personal use by the Contracting Party and may never be disclosed in any way whatsoever.
Article 6: Ownership and intellectual property rights
- The Agreement does not include the transfer of the ownership of property and software, and/or the intellectual property rights to the property and software that Easy Nuts BV uses in the performance of the Services.
- The intellectual property rights to the data produced by Easy Nuts BV for the implementation of the Agreement, such as reports, advice and documentation, belong to Easy Nuts BV. The Contracting Party obtains a non-exclusive right to use the data, which is limited to the purpose for which the data was provided.
- If third parties wish to exercise rights with respect to the property, the software or the data referred to in the second paragraph or to take measures such as seizure, the Contracting Party must inform them of the rights of Easy Nuts BV. The Contracting Party must also immediately inform Easy Nuts BV.
Article 7: Rates
All rates specified on Easynuts.nl are derived from the Suppliers and are subject to change. All prices are specified in Euros and, if this is not mentioned specifically, include 21% VAT. Rates such as supply contract charges, network costs, taxes, connection costs, modem costs and insurance tax and other related costs are subject to interim changes. The Contracting Parties that have been accepted and connected by the Supplier will no longer have any relationship with Easy Nuts BV from the moment of connection. The Contracting Parties will be kept informed by the relevant internet service provider of any interim changes in the rates. Easy Nuts BV will not be able to exercise any further influence on this and can never be held liable or responsible for this.
Article 8: Availability of power, water, internet, insurance and mobile telephony
All search results on Easy Nuts BV are subject to change and depend on a large number of external factors such as, but not limited to: delay by third parties, technical feasibility with regard to existing telephone lines, incorrect information in the database and/or website of the Suppliers and the distance between the connection point of the Contracting Party and the associated local exchange. Easy Nuts BV can never be held liable for inaccurate information regarding the correct or incorrect description of availability with respect to the postcode of the Contracting Party. The Contracting Party can therefore never submit a claim to Easy Nuts BV as Easy Nuts BV is not responsible for incorrect information. The Contracting Party automatically consents to this when making use of the Services of Easy Nuts BV, as stated in the General Terms and Conditions.
Article 9: Payment
- The Supplier will charge the amounts owed by the Contracting Party by means of an invoice. The payment must be made into the bank or giro account indicated by the Supplier, in the manner and within the period as stated on the invoice. If no period is stated on the invoice, a payment term of 30 days will apply. Payments will be processed by the Supplier without the intervention of Easy Nuts BV, unless otherwise indicated. Easy Nuts BV can therefore not be held responsible for problems between the Contracting Party and the Supplier and cannot be held liable for any damage resulting from this.
- If the Contracting Party does not pay on time, the Supplier will inform him/her of this in writing and will set a further term of payment. If payment has not been made within this further term, then the Contracting Party is in default without further notice of default.
Article 10: The Agreement
- The Agreement between the Contracting Party and Easy Nuts BV is entered into for an indefinite period. The Agreement between the Contracting Party and Easy Nuts BV will be automatically cancelled after the processing of or the request for the supply contract and/or the change of address of the Contracting Party with the relevant Supplier.
- The Agreement between the Contracting Party and the Supplier is entered into for a specified period. The Agreement between the Contracting Party and the Supplier will be tacitly extended after the expiry of the agreed period by a standard contract for an indefinite period at a variable rate.
- The Suppliers and the Contracting Party can only cancel the Agreement, with due observance of the general conditions of the Supplier provided by Easy Nuts BV, on and after the expiry of the agreed (extension) period unless:
- other arrangements have been made with the Contracting Party;
- the Contracting Party chooses to pay the contractually agreed penalty in the event of the interim cancellation of the Agreement;
- a situation arises as referred to in Article 6, third paragraph or Article 13, third paragraph, under b.
- The cancellation must be made directly to the Supplier with due observance of the period stated in the general conditions of the Supplier, as provided by Easy Nuts BV, unless otherwise agreed.
Article 11: Dissolution
Each of the parties mentioned in Article 1 is entitled, in addition to the grounds for dissolution prescribed by law, to dissolve the Agreement without judicial intervention and without notice of default, wholly or partially, with immediate effect, if the other party:
- has applied for or been granted a suspension of payment;
- has been declared bankrupt or a bankruptcy petition has been filed.
Article 12: Liability
- Easy Nuts BV is not liable for damage suffered by the Contracting Party due to shortcomings of Easy Nuts BV in the execution of an Agreement for an indefinite period.
- A Contracting Party that is acting in the exercise of a profession or business will indemnify Easy Nuts BV against claims of third parties for compensation of damage.
Article 13: Statistical information
The Easynuts.nl website uses Google Analytics, a web analysis service offered by Google Inc. (“Google”). Google Analytics uses “cookies” (text files placed on a user’s computer) to help the website analyse how users use the website. The information generated by the cookie about the use of the Easynuts.nl website(s) (including users IP address), will be transferred to Google and stored by it on servers in the United States. Google uses this information to keep track of how users use the Easynuts.nl website(s), to compile reports on website activity for website operators and to offer other services relating to website activity and internet usage. Google may pass on this information to third parties if Google is legally obliged to do so or if these third parties process the information on behalf of Google. Google will not combine users IP addresses with other data held by Google. Users can refuse to accept the placing of cookies by choosing the appropriate settings in their web browser. Please note, however, that this may mean that users may not be able to make use of all the options on the Easy Nuts BV website(s). By using the Easy Nuts BV website(s), you consent to the processing of the information by Google in the manner and for the purposes described above.
Article 15: Final provision
- Easy Nuts BV has the right to amend these General Terms and Conditions and to stipulate that these amended General Terms and Conditions are applicable to existing Agreements.
- If Easy Nuts BV declares the amended General Terms and Conditions applicable to existing Agreements, Easy Nuts BV will make these amendments known in good time via the various information channels that it has available for this purpose. These amendments will then take effect 30 days after this announcement or at such later date as mentioned in the announcement.
- With regard to general conditions of suppliers:
- a Supplier can change its general conditions without the intervention of Easy Nuts BV and will make this known to the Contracting Party. Easy Nuts BV has no influence on the decisions of the Supplier and cannot be held liable or held responsible for this;
- if the Contracting Party does not wish to accept a change in the general conditions of the Supplier, he/she can cancel the Agreement with the Supplier as of the date on which the amended general conditions take effect, if this is included in the general conditions of the Supplier with which the Contracting Party enter into an Agreement;
- cancellation must take place to the Supplier under the conditions stated in the general conditions of the Supplier. The cancellation of an Agreement with the Supplier does not need to be submitted to Easy Nuts BV.
- The Agreement is governed by Dutch law.
- All disputes that may arise from the Agreement will be settled by the court that has jurisdiction according to the law.