Terms & Conditions
Below are the general terms and conditions for delivery to consumers as provided by E-Trend Computers & IT. Please note that the translation may not be legally binding, and I recommend consulting the original document or seeking legal advice for accurate interpretation.
**General Terms and Conditions for Delivery to Consumers**
**Article 1. Definitions**
In these general terms and conditions, the following terms have the following meanings:
- 'User': The user of these general terms and conditions, in this case, E-Trend Computers & IT / e-trend.nl.
- 'Consumer': A counterparty that can be both a natural person or legal entity and is the ultimate user of the ordered goods.
- 'Consumer sale': The sale concerning a movable property, concluded by a seller acting in the course of a profession or business, and a buyer, whether a natural person or legal entity.
**Article 2. Applicability of these Conditions**
These conditions apply to every offer and every agreement between the user and a consumer to which the user has declared these conditions applicable, to the extent that these conditions have not been expressly and in writing deviated from by the parties.
- The current conditions also apply to agreements with the user, for the execution of which third parties are to be involved.
- The applicability of any general or specific conditions or terms of the consumer is explicitly rejected by the user.
**Article 3. Offers / Offers / Conclusion of the Agreement / Specification and Description of Products**
An offer or (price) quotation does not bind the user and is only an invitation to place an order, unless expressly stated otherwise.
- The user cannot be held to her offer/quote if the consumer should have understood that the offer/quote or part thereof contains an obvious mistake or typo.
- An agreement is only concluded if and to the extent that the user accepts an order in writing or if the user executes an order.
- All specifications provided by the user of numbers, specifications, and/or other designations of the products have been made with the greatest accuracy; however, the user cannot guarantee that no deviations will occur in this regard.
- The user reserves the right to refuse orders or assignments without giving reasons, or to accept orders or assignments only under the condition that the order is confirmed in writing by the consumer in advance and/or that the shipment is made under cash-on-delivery or prepayment.
**Article 4. Delivery**
Unless otherwise agreed, delivery takes place from the user's warehouse in Utrecht, and the user determines the method of shipment.
- The consumer is obliged to take delivery of the purchased goods at the time they are delivered to him or when they are made available to him according to the agreement.
- If the consumer refuses to accept the delivery or is negligent in providing information or instructions necessary for delivery, he will be in default without any notice of default, and the items will be stored at the expense and risk of the consumer, or sold to a third party. In any case, the predetermined purchase price plus any additional costs will be owed by the consumer, but in a particular case reduced by the proceeds of the sale to that third party.
- The user has the right to deliver in installments at all times.
**Article 5. Delivery Time**
The delivery times stated by the user are approximate and are also not strict deadlines, but the final delivery time will never exceed one week, except in the event of force majeure.
- In the event of non-timely delivery, the consumer must notify the user in writing and give the user a reasonable period to fulfill her obligations.
- The consumer is not entitled to any compensation for non-timely delivery.
- If the user requires data or tools from the consumer for the execution of the agreement, the delivery time will never commence before the day on which all the required data or tools are in the possession of the user.
**Article 6. Technical Requirements, etc.**
If the items to be delivered in the Netherlands are to be used outside the Netherlands, the user is responsible for ensuring that the goods to be delivered comply with the technical requirements or standards imposed by laws or regulations of the country in which the goods are to be used, provided that mention has been made of the use abroad at the time of the purchase.
**Article 7a. Warranty**
The user guarantees that the items sold by her are free from material, design, and manufacturing defects for a period of at least 12 months after delivery, and a maximum of the period guaranteed by the manufacturer of that particular item.
- If the warranty mentioned in paragraph 1 applies, and the delivered goods have a defect, the user is obliged to repair the goods within 30 days after the consumer has reported the defect to her in writing.
- The user can choose to replace, repair, or credit the goods.
- The consumer can only demand replacement of the goods or dissolution of the sales agreement if during the warranty period:
- The user has made two unsuccessful attempts to repair the same defect, and this defect is serious enough to justify replacement or dissolution.
- The consumer proves that the goods have or have had so many defects that they do not comply with the agreement and that these defects justify replacement or dissolution.
- The warranty expires if the consumer causes damage due to improper treatment of a guaranteed item.
- The consumer must demonstrate that the item shows a defect covered by this warranty within the warranty period. The warranty expires if the type or serial number of an item has been removed or altered.
**Article 7b. Return Guarantee**
The consumer has the right to return the delivered products purchased from our online shop within 14 working days after receipt without giving reasons to the user. In this case, the user will refund the received purchase price minus the specified costs of the return fee, under the following conditions:
- Applies only to products purchased online by private individuals.
- Products were not purchased for business or professional use.
- Products were not customized according to the consumer's request (individual choice or decision of the consumer).
- The relevant products must be described in the respective message as goods for which the return guarantee applies.
- Software with a broken seal on the packaging will not be accepted for return.
- No modifications may have been made to the delivered product, and the delivered product must be in an intact condition. All accompanying documentation, warranty certificates, and packaging materials must be included in the return shipment.
- The return shipment must be in the possession of the user no later than the 18th day after receipt of the delivered goods by the consumer.
- The costs of returning the shipment
are borne by the consumer.
- All copies or adaptations or translations made for personal use or otherwise, including, but not limited to, disks, electronic materials, manuals, and documentation, must be included in the return shipment or destroyed or erased at the time of shipment.
**Article 8. Retention of Title**
The user remains the full owner of a property sold by her until the purchase price has been fully paid.
- If and as long as the user is the owner of the products, the consumer shall immediately notify the user when the products are (threatened to be) seized or when a claim is made on (any part of) the products. Furthermore, the consumer will inform the user of the whereabouts of the products upon the user's first request.
- In the event of attachment, (provisional) suspension of payment or bankruptcy, the consumer shall immediately inform the attaching bailiff, the administrator, or the receiver of the user of the (property) rights of the user. The consumer guarantees that a seizure on the products is lifted immediately.
**Article 9 Repairs, Data**
E-Trend is not responsible or liable for the potential loss of personal data. Hardware should be delivered without personal data (without the data disk in the case of a laptop or PC), factory settings in the case of a tablet or smartphone.
**Article 10. Defects; Complaint Periods**
The consumer must inspect the purchased items upon delivery - or as soon as possible thereafter - (have them) examined. In doing so, the consumer must determine whether the delivered item corresponds to the agreement, namely:
- If the correct item has been delivered.
- If the delivered item meets the agreed quality requirements or, if they are absent, meets the requirements that may be imposed for normal use.
- If a visible defect or deficiency is detected, the consumer must report this to the user within 3 days after delivery.
- A non-visible defect must be reported by the consumer to the user in writing within 3 days after discovery.
**Article 11. Prices**
Unless expressly stated otherwise, all prices mentioned in messages, such as catalogs, price lists, and/or quotations from the user, are expressed in EUR and excluding VAT. Unless expressly stated otherwise, the consumer shall be charged the costs of packaging and shipping, as stated in the respective message, as well as all other levies or taxes imposed or levied with regard to the products and their transportation.
- Prices are based on the conditions applicable to the user at the time of the conclusion of the agreement, such as currency rates, freight rates, import duties, and dealer prices. If these conditions change after the conclusion of an agreement but before delivery, the user has the right to pass on the resulting costs to the buyer.
- Discounts are considered to be granted only once. Previously granted discounts do not bind the user in any way for a later agreement.
**Article 12. Payment**
Unless otherwise agreed, payment must be made in cash net. Either by transfer in advance, by credit card, by debit transaction, or by one-off authorization.
- If payment is not made in cash, it must be made within the payment term stated on the invoice.
- All amounts invoiced to the consumer must be paid without discount or deduction. The consumer is not authorized to set off, and the consumer does not have the right to suspend any payment obligation towards the user.
- After 10 days after the invoice date, the consumer is in default by operation of law; from the moment of entering into default, the consumer owes interest of 1% per month on the payable amount, unless the statutory interest is higher, in which case the statutory interest applies.
- In case of the consumer's bankruptcy or suspension of payment, the claims of the user and the obligations of the consumer towards the user are immediately due and payable.
**Article 13. Collection Costs**
If the consumer is in default or in default with the fulfillment of one or more of his obligations, then all reasonable costs to obtain satisfaction out of court are at the expense of the consumer. In any case, the consumer is liable for a monetary claim:
- Over the first €3,000: 15%
- Over the remainder up to €6,500: 10%
- Over the remainder up to €15,000: 8%
- Over the remainder up to €65,000: 5%
- Over the remainder: 3%
If the user demonstrates that higher costs have been incurred which were reasonably necessary, these will also be eligible for compensation.
**Article 14. Liability and Indemnification**
The user's liability is limited to the replacement of the relevant item or the refund of the purchase price.
- The user is not liable, either under the law or under the agreement, for so-called consequential damages that the buyer or a third party may suffer in connection with (the use of) the products. This includes loss of profit, business damage, loss of data, and immaterial damage.
- The liability for defects in delivered goods is governed by the liability as regulated in Articles 7a and 7b of these terms and conditions.
- The above limitations do not apply if the damage is due to intent and/or gross negligence and/or culpable acts of the user or her subordinates.
**Article 15. Force Majeure**
Force majeure is understood in these general terms and conditions, in addition to what is understood by this in the Law and Jurisprudence, to mean all external causes, foreseen or unforeseen, over which the user cannot exert any influence, but which prevent the user from fulfilling her obligations, including strikes at the user.
- The user also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after the user should have fulfilled her obligation.
- During force majeure, the delivery and other obligations of the user are suspended. If the period during which, due to force majeure, the fulfillment of the obligations by the user is not possible exceeds 2 weeks, both parties are entitled to dissolve the agreement without any obligation to pay damages in that case.
- If the user has partially fulfilled her obligations upon the occurrence of the force majeure, or can only partially fulfill her obligations, she is entitled to separately invoice the part already delivered or deliverable, and the consumer is obliged to pay this invoice as if it were a separate contract. This does not apply if the part already delivered or deliverable has no independent value.
**Article 16. Product Images**
Due to the extensive range and diversity of our products, all product photos are NOT of the product itself but of the original product. All product photos are available on request.
**Article 17. Dispute Resolution**
The judge in the user's place of residence has exclusive jurisdiction to hear disputes, unless the district court is competent. Nevertheless, the user remains entitled to summon the consumer before the competent judge according to the law or treaty.
**Article 18. Applicable Law**
Dutch law applies to every agreement between the user and the consumer. The Vienna Sales Convention is expressly excluded.