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General Terms and Conditions Table of Contents:
  • Article 1 - Definitions
  • Article 2 - Identity of the entrepreneur
  • Article 3 - Applicability
  • Article 4 - The offer
  • Article 5 - The agreement
  • Article 6 - Right of withdrawal
  • Article 7 - The price
  • Article 8 - Conformity and warranty
  • Article 9 - Delivery and execution
  • Article 10 - Duration transactions: duration, termination and extension
  • Article 11 - Payment
  • Article 12 - Liability and indemnity
  • Article 13 - Complaints procedure
  • Article 14 - Final provision
Article 1 - Definitions In these terms and conditions the following terms shall have the following meanings:
  1. Reflection period: the period within which the other party can make use of his right of withdrawal;
  2. Counterparty: any natural or legal person with whom Eancodes VOF has entered into or intends to enter into an agreement;
  3. Day: calendar day;
  4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  5. Durable medium: any instrument that enables the counterparty or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the other party to cancel the distance contract within the cooling-off period;
  7. Model form: the model withdrawal form that the entrepreneur makes available that a counterparty can fill in when he wants to make use of his right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services remotely to other parties;
  9. Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
  10. Distance communication technology: means that can be used to conclude an agreement without the other party and the entrepreneur being in the same room at the same time.
  11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur Company name: Eancodes VOF operator of the websites eancodeshop.nl and eancodes.eu Email: See webshop contact form (not visible here due to spam bots) Chamber of Commerce number: 73198153 VAT identification number: NL859395893B01 Address: Zuidoever 7 , 2371JD Roelofarendsveen, Netherlands Phone: 085-3011289 If the entrepreneur's activity is subject to a relevant licensing system: the data on the supervisory authority: If the entrepreneur exercises a regulated profession:
  • the professional association or organization to which he is affiliated;
  • the professional title, the place in the EU or the European Economic Area where it was awarded;
  • a reference to the professional rules that apply in the Netherlands and instructions on where and how these professional rules can be accessed.
Article 3 - Applicability
  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the other party.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the other party. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge to the other party as soon as possible at the request of the other party.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the other party electronically in such a way that the other party can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the other party electronically or otherwise at the request of the other party.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the other party may, in the event of conflicting general terms and conditions, always invoke the applicable provision that is most favourable to him.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible.
  6. Situations that are not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
  7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.
Article 4 - The offer
  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the other party to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
  5. Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
  6. Each offer contains such information that it is clear to the other party what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the manner in which the agreement will be concluded and what actions are required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and execution of the agreement;
    • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
    • the level of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used;
    • whether the agreement is archived after it has been concluded, and if so, how it can be consulted by the other party;
    • the manner in which the other party, before concluding the agreement, can check the data provided by him in the context of the agreement and, if necessary, correct it;
    • any other languages ​​in which, in addition to Dutch, the agreement may be concluded;
    • the codes of conduct to which the entrepreneur has submitted and the manner in which the other party can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the event of a long-term transaction.
Optional: available sizes, colours, type of materials. Article 5 - The Agreement
  1. The agreement is concluded, subject to the provisions of paragraph 4, at the time the other party accepts the offer and meets the conditions set therein.
  2. If the other party has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the other party can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the other party can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can - within legal frameworks - inform himself whether the other party can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
  5. The entrepreneur will send the following information to the other party with the product or service, in writing or in such a way that it can be stored by the other party in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the other party can submit complaints; b. the conditions under which and the manner in which the other party can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. the information about guarantees and existing after-sales service; d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the other party prior to the execution of the agreement; e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  1. In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.
  2. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal Upon delivery of products:
  1. When purchasing products, the counterparty (if this is a consumer and not acting in the name of a company) has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the counterparty or consumer.
  2. If the other party wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The other party must make this known via the contact form.
  3. Due to the nature of Eancodes, which are digital goods, we do not give refunds if the Eancodes have already been downloaded from Eancodes.eu, if the Eancodes have not yet been downloaded you have 14 days to cancel the order and get a full refund. In the event that your Eancodes do not work on the platform we ask for screenshots from the official support department stating that the Eancodes are not valid. If the screenshots are approved we will send you new Eancodes to try, in the event that these do not work either (screenshots needed again) we will issue a full refund. If you wish to cancel the protection service you can do so at any time, the protection service will be cancelled within 48 hours of your request. Once we have processed your request you will no longer have protection on your Eancodes and we will not issue a refund for the remaining time of your protection service. If you wish to cancel we recommend that you do so towards the end of your billing date.
  4. If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods mentioned in paragraph 4 or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - The price
  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of statutory regulations or provisions; or b. the other party has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
  1. The prices stated in the offer of products or services include VAT.
  2. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 8 - Conformity and Warranty
  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the other party can assert against the entrepreneur under the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be done in the original packaging and in new condition.
  4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the other party, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
    • The other party has repaired and/or processed the delivered products itself and/or has had them repaired and/or processed by third parties;
    • The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of the entrepreneur and/or have been treated on the packaging;
    • The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
Article 9 - Delivery and execution
  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the other party has made known to the company.
  3. Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the other party has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the other party will receive notification of this at the latest 30 days after placing the order. In that case, the other party has the right to terminate the agreement without costs. The other party is not entitled to compensation.
  4. All delivery times are indicative. The other party cannot derive any rights from any stated terms. Exceeding a term does not entitle the other party to compensation.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the other party as soon as possible, but no later than 14 days after dissolution.
  6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the other party or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 10 - Duration transactions: duration, termination and extension Opzegging
  1. The other party may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.
  2. The other party may terminate an agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.
  3. The counterparty may terminate the agreements referred to in the previous paragraphs:
    • cancel at any time and not be limited to termination at a specific time or during a specific period;
    • at least cancel them in the same manner as they were entered into by him;
    • always cancel with the same notice period as the entrepreneur has stipulated for himself.
Exploration
  1. A contract entered into for a fixed period and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
  2. Notwithstanding the previous paragraph, an agreement entered into for a fixed period and aimed at the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the other party can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
  3. An agreement entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the other party may terminate at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement provides for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. A limited-term agreement for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duur
  1. If an agreement has a duration of more than one year, the other party may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 11 - Payment
  1. Unless otherwise agreed, the amounts owed by the other party must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the other party has received confirmation of the agreement.
  2. The counterparty has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
  3. In the event of non-payment by the other party, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the other party in advance.
Article 12 - Liability and indemnity
  1. Because Eancodes VOF provides codes that are an alternative to codes registered by (company) name, the Products may impose restrictions on the offering of articles by brand name. For the same reason, the Products may impose restrictions on the offering of articles of certain categories. For this, the Counterparty must consult the conditions of the platform on which it wishes to sell the articles. Eancodes VOF accepts no liability whatsoever with regard to the consequences of any restrictions that may occur as referred to above.
  2. Eancodes VOF cannot guarantee that the delivered codes will be accepted forever by platforms or other organisations. This risk is borne by the Counterparty. Eancodes VOF therefore accepts no liability in this regard.
  3. The Counterparty is at all times responsible for the use of the Products. Eancodes VOF therefore accepts no liability in this regard.
  4. If several suppliers sell exactly the same article, then these suppliers may use each other's code, regardless of which of them bought the code. The Counterparty accepts this circumstance and this cannot be considered a shortcoming of Eancodes VOF.
  5. Everyone is free to trade and sell EAN codes that are not linked to a company. There are no legal rules for the sale of these codes. This means that issued EAN codes are not kept in a central system. EAN codes are generated using a specific algorithm and a specific calculation formula. Although the chance of this happening is small, there is a possibility that other companies will issue the same EAN code or that the same 13 digits will be placed next to each other in the correct order `by chance`. Use of the Products that Eancodes VOF supplies is therefore always at the Counterparty's own risk. It is also possible that an EAN code that the Counterparty has been using for years, but is not linked to the Counterparty's company, is registered under a different company name at a later date. Some platforms prefer EAN codes that are registered under a (company) name, which means that the Counterparty's articles and the related content can be removed by the platform. The Counterparty is deemed to be aware of the rules of the system or sales platform that the Counterparty will use for the sale of its articles. For the reasons stated above, Eancodes VOF recommends not to print the EAN codes on the packaging of the articles, but to label the articles using stickers. Eancodes VOF accepts no liability for the consequences resulting from a circumstance as referred to above. At the request of the Counterparty, Eancodes VOF will nevertheless replace delivered Products free of charge if and to the extent that they can no longer be used.
  6. Eancodes VOF shall never be liable for indirect damage, including loss suffered, loss of profit and damage as a result of business stagnation, except in the case of intent and deliberate recklessness on its part. Eancodes VOF shall, without prejudice to the provisions in the remainder of these general terms and conditions and in particular the provisions in paragraph 8, only be held liable to the Other Party for direct damage suffered by the Other Party as a result of an attributable shortcoming by Eancodes VOF in fulfilling its obligations under the Agreement. Attributable shortcoming shall be understood to mean a shortcoming that a good and careful professional colleague can and should avoid, taking into account normal attentiveness and the professional knowledge and resources required for the execution of the Agreement. Direct damage shall be understood to mean exclusively: - the reasonable costs of determining the cause and extent of the damage, insofar as the determination relates to damage that qualifies for compensation within the meaning of these general terms and conditions; - any reasonable costs incurred to ensure that Eancodes VOF's defective performance complies with the Agreement, to the extent that these can be attributed to Eancodes VOF; - reasonable costs incurred to prevent or limit damage, to the extent that the Other Party demonstrates that these costs have led to a limitation of direct damage within the meaning of these general terms and conditions.
  7. If Eancodes VOF is liable for any damage, Eancodes VOF shall at all times have the right to repair this damage. The Counterparty shall give Eancodes VOF the opportunity to do so, failing which any liability of Eancodes VOF in this regard shall lapse.
  8. The liability of Eancodes VOF is limited to a maximum of the invoice value of the Agreement, or at least to that part of the Agreement to which the liability of Eancodes VOF relates.
  9. In deviation from the statutory limitation period, the limitation period for all claims and defenses against Eancodes VOF is one year. In deviation from the previous sentence, claims and defenses to which the other parties are entitled that are based on facts that would justify the assertion that the delivery does not correspond to the Agreement, expire after two years.
  10. The Counterparty indemnifies Eancodes VOF against any claims and claims by third parties for damage caused by parties other than Eancodes VOF. If Eancodes VOF is approached by third parties on this basis, the Counterparty is obliged to assist Eancodes VOF both in and out of court and to immediately do everything that may reasonably be expected of it in that case. If the Counterparty fails to take adequate measures, Eancodes VOF is entitled to take such measures itself, without notice of default. All costs and damage incurred by Eancodes VOF and/or third parties as a result thereof shall be entirely for the account and risk of the Counterparty.
  11. With regard to delivery to the other parties, the restrictions in this article do not extend further than is permitted under article 7:24 paragraph 2 of the Dutch Civil Code.
Article 13 - Complaints procedure
  1. The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the other party has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the other party can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  5. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
Article 14 - Final provision
  1. Every Agreement and all legal relationships arising from it between the Parties are exclusively governed by Dutch law.
  2. Before possibly appealing to the court, the Parties are obliged to make every effort to settle the dispute by mutual agreement.
  3. Unless the law compellingly prevents this under the given circumstances of the case, only the competent court within the district of the place of business of Eancodes VOF is designated to hear any legal disputes between the Parties.
  4. The Vienna Sales Convention does not apply.
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