Terms of service

GENERAL TERMS AND CONDITIONS FOR EASYFLUX LEASE AGREEMENT

 

1. Applicability

1.1 These General Terms and Conditions apply to all lease agreements relating to easyflux products entered into between 4U Solutions B.V. and its customers, including both business customers (B2B) and consumers (B2C).

1.2 In the case of a business agreement, the customer declares that it acts in the course of its profession or business activities.

1.3 Consumers retain all additional statutory rights applicable to them. In the event of any conflict between these terms and mandatory consumer protection laws, the mandatory consumer protection provisions shall prevail.

2. Definitions

For the purposes of these General Terms and Conditions, the following definitions shall apply:

• Product: the easyflux device, including the associated software and components.
• Delivery: the moment at which the product is physically transferred to the customer.
• Normal wear and tear: signs of use resulting from normal and proper use of the product.

3. Agreement and Formation

3.1 The agreement is concluded upon signature or digital acceptance.

3.2 By entering into the agreement, the customer agrees to these General Terms and Conditions.

3.3 Any deviations from these terms shall only be valid if confirmed in writing by 4U Solutions B.V.

3.4 Consumers shall receive clear information regarding the product and the agreement prior to entering into the contract.

4. Delivery, Inspection and Risk

4.1 Delivery shall take place at the agreed address.

4.2 The customer must inspect the product within five (5) working days after delivery.

4.3 If no defects are reported in writing within the applicable period, the product shall be deemed accepted. This provision does not apply to hidden defects in relation to consumers.

4.4 The risk of loss, theft or damage shall transfer to the customer upon delivery.

5. Ownership and Right of Use

5.1 The product shall remain the sole and exclusive property of 4U Solutions B.V. at all times.

5.2 The customer shall only obtain a temporary, non-transferable right of use during the lease period.

5.3 The above provisions shall apply unless expressly agreed otherwise in writing.

6. Use and Duty of Care

6.1 The customer shall use the product carefully and in accordance with the applicable instructions and specifications.

6.2 The customer is responsible for the proper use of the software.

6.3 Without the prior written consent of 4U Solutions B.V., the customer is prohibited from:

• modifying the product;
• dismantling the product;
• selling the product;
• renting out the product;
• transferring the product to third parties.

6.4 The customer shall be liable for damage resulting from:

• improper use;
• negligence;
• use outside the specified requirements or instructions.

7. Payment

7.1 Payment shall be made monthly in advance, unless otherwise agreed in writing.

7.2 The payment term shall be fourteen (14) days from the invoice date.

8. Default of Payment, Interest and Collection Costs

8.1 For business customers:

In the event of late payment:

• statutory commercial interest shall apply, plus an additional contractual interest rate of 1.5% per month;
• the customer shall automatically be in default without any further notice of default being required;
• collection costs shall be charged in accordance with the Dutch Collection Costs Act (Wet Incassokosten – WIK).

8.2 For consumers:

In the event of late payment:

• the consumer shall first receive a free payment reminder;
• statutory interest shall apply after the consumer has been formally declared in default;
• collection costs shall be charged in accordance with the Dutch Collection Costs Act (Wet Incassokosten – WIK).

8.3 In the event of repeated payment defaults, 4U Solutions B.V. shall be entitled to suspend performance of the agreement or terminate the agreement.

9. Maintenance, Service and Repairs

9.1 Normal preventive maintenance and repairs resulting from proper use shall be borne by 4U Solutions B.V., unless otherwise agreed in writing.

9.2 Repairs shall be carried out within a reasonable period of time (indicative timeframe: 10–15 working days).

9.3 If repair is not possible, 4U Solutions B.V. may provide a replacement product.

9.4 Free repair shall not apply in the event of damage caused by:

• improper or negligent use;
• external causes (including, but not limited to, damage caused by dropping, water damage or electrical damage);
• unauthorised modifications.

9.5 The customer’s payment obligations shall remain in force during repair periods or in the event of a malfunction.

10. Insurance

10.1 The customer shall be solely responsible for insuring the product against damage, loss and/or theft.

11. Right of Withdrawal

11.1 For distance agreements, consumers have the statutory right to withdraw from the agreement within fourteen (14) days after receipt of the product, without giving any reason.

After exercising this right of withdrawal, the consumer has an additional fourteen (14) days to return the product.

4U Solutions B.V. shall refund any payments already received within fourteen (14) days after receiving the withdrawal notification. However, 4U Solutions B.V. may postpone the refund until the product has been received or until the consumer has demonstrated that the product has been returned, whichever occurs first.

11.2 Statutory exclusions to the right of withdrawal shall apply, including, for example, fully performed services where the consumer has given prior express consent.

11.3 Business customers do not have a right of withdrawal unless expressly agreed otherwise in writing.

The customer is required to inspect the product immediately after delivery and in any event no later than five (5) working days after delivery for visible defects and damage.

Any complaints must be submitted in writing and with sufficient detail within this period.

If no such notification is received, the product shall be deemed irrevocably accepted by the customer as being in good condition, complete and in accordance with the agreement.

12. Liability of 4U Solutions B.V.

12.1 4U Solutions B.V. shall not be liable for indirect damages, including consequential damages, loss of profits, business interruption or commercial losses arising from the use of the product.

12.2 For business customers, the liability of 4U Solutions B.V. shall in all cases be limited to a maximum amount equal to the lease fees paid by the customer during the three (3) months preceding the event causing the damage.

12.3 For consumers, 4U Solutions B.V. shall not limit its liability beyond what is permitted under applicable law.

In all cases, no limitation of liability shall apply where the damage results from intent, gross negligence, or obligations arising from mandatory consumer protection laws.

12.4 The limitations of liability set out in this article shall not apply in cases of intent or gross negligence on the part of 4U Solutions B.V.

13. Force Majeure

13.1 4U Solutions B.V. shall not be obliged to fulfil its obligations under the agreement in the event of force majeure, including but not limited to:

• technical failures;
• transport problems;
• pandemics;
• physical, cyber or economic warfare;
• power outages;
• supply or delivery problems.

14. Termination

14.1 4U Solutions B.V. shall be entitled to terminate the agreement, in whole or in part, in the following circumstances:

• in the event of payment arrears or default by the customer;
• in the event of demonstrably improper or unauthorised use of the product (misuse*);
• in the event of bankruptcy, suspension of payments or any other form of insolvency of the customer.

14.2 For consumers, termination shall only take place after the customer has been formally notified in writing of the breach and has been granted a reasonable period to remedy the breach, unless immediate termination is legally permitted.

14.3 Upon termination of the agreement, 4U Solutions B.V. shall be entitled to take back or reclaim the product.

* Misuse shall mean: use of the product outside the specifications or instructions provided by 4U Solutions B.V.

15. Early Termination

15.1 4U Solutions B.V. enters into lease agreements based on cooperation for the agreed contractual term. If the agreement is nevertheless terminated before the agreed end date, this shall be possible subject to the following conditions:

• For consumers, an early termination fee shall apply amounting to 70% of all remaining lease instalments.
• For business customers, an early termination fee shall apply amounting to 100% of all remaining lease instalments.

This fee serves as compensation for the costs and investments associated with the agreement.

15.2 In the event of early termination, the complete product, including hardware and software, must be returned to 4U Solutions B.V. in good condition, after which an inspection will take place.

If this inspection shows that damage or improper use has occurred as referred to in Article 9.4, 4U Solutions B.V. reserves the right to charge the customer the full new replacement value of the product.

15.3 4U Solutions B.V. offers the possibility of transferring the lease agreement to another user (consumer or business customer), provided that:

• the new user is approved in advance by 4U Solutions B.V.; and
• the new user can demonstrably meet the financial obligations arising from the agreement.

If a contract transfer is approved, 4U Solutions B.V. may, at its sole discretion, decide to reduce or fully waive the early termination fee.

16. Buyout of the Agreement

16.1 Buyout of the lease agreement is possible subject to prior written approval by 4U Solutions B.V.

4U Solutions B.V. shall assess a buyout request reasonably, taking into account, among other things:

• the remaining contract term;
• the condition of the product;
• the possibility of re-use or redeployment.

If approval is granted, the buyout amount shall be determined in accordance with the calculation method set out in this agreement.

16.2 The buyout amount shall consist of the sum of the remaining lease instalments. 4U Solutions B.V. reserves the right to apply or not apply a reasonable discount, taking into account factors including:

• the remaining contract term;
• the condition of the product;
• the possibility of re-use or redeployment.
• For consumers, the buyout amount shall be approximately 70% of the remaining lease instalments, with a minimum amount equal to the new replacement value of the product, unless otherwise agreed in writing.
• For business customers, the buyout amount shall be 100% of the remaining lease instalments, unless otherwise agreed in writing.

16.3 Upon full payment of the buyout amount:

• the agreement shall terminate immediately; and
• ownership of the product shall transfer to the customer, unless otherwise agreed in writing.

16.4 If the customer does not wish to acquire ownership of the product, the product must be returned in good condition as described in Article 15.2.

In that case, 4U Solutions B.V. may adjust the buyout amount based on the condition and residual value of the product.

16.5 At the customer’s request, 4U Solutions B.V. shall provide a transparent buyout statement showing the calculation and composition of the buyout amount.

17. Return and Inspection

17.1 Upon termination or expiry of the agreement, the product must be returned in good condition.

17.2 Inspection shall take place within 10–15 working days after receipt of the returned product.

17.3 Any damage shall be assessed based on the applicable repair costs or replacement costs.

17.4 If the product is not returned, the full new replacement value of the product shall be charged to the customer.

18. Transfer

18.1 4U Solutions B.V. shall be entitled to transfer its rights and obligations under the agreement to third parties or affiliated companies.

19. Applicable Law and Disputes

19.1 All agreements shall be governed exclusively by Dutch law.

19.2 Any disputes arising from or relating to the agreement shall be submitted to the competent court in the Netherlands.

19.3 Consumers may also make use of a recognised alternative dispute resolution body, where applicable.