General terms and conditions for delivery to consumers of:
– e-Refurb/ e-Refurb.com
Established and having its registered office in Utrecht hereinafter referred to as: user
Article 1. Definitions
In these general terms and conditions, the following definitions apply:
'user': the user of the general terms and conditions in this case of Mr-Refurb
'consumer': a counterparty who can be either a natural or legal person and is the ultimate user of the ordered goods.
'consumer purchase' means the purchase relating to movable property, which is concluded by a seller acting in the exercise of a profession or business, and a buyer, natural or legal person.
Article 2. Applicability of these terms and conditions
1. These terms and conditions apply to every offer and every agreement between the user and a consumer to which the user has declared these terms and conditions applicable, insofar as the parties have not explicitly deviated from these terms and conditions in writing.
2. The present terms and conditions also apply to agreements with the user, for the execution of which third parties must be involved.
3. The applicability of any general specific terms and conditions or stipulations of the consumer is expressly rejected by the user.
Article 3. Quotations / Offers / conclusion of the agreement / statement and description of products
1. An offer or (price) statement does not bind the user and only counts as an invitation to place an order, unless explicitly stated otherwise.
2. The User cannot be held to its offer / quotation if the consumer should have understood that the offer / quotation or a part thereof contains an obvious mistake or error.
3. An agreement is only concluded if and insofar as the user accepts an order in writing or an order is executed by the user.
4. All statements of numbers, specifications, and / or other indications of the products made by the user have been made with the greatest accuracy, but the user cannot guarantee that no deviations will occur in this regard.
5. The User reserves the right, without giving reasons, not to accept orders or assignments or to accept them only under the condition that the order is confirmed in advance by the consumer by registered letter and / or the shipment is made cash on delivery or after advance payment.
Article 4. Delivery
1. Unless otherwise agreed, delivery takes place ex warehouse of the user in Utrecht and the user determines the method of shipment.
2. The consumer is obliged to take delivery of the purchased goods at the time when they are delivered to him or at the time when they are available to him according to the agreement.
3. If the consumer refuses the purchase or is negligent in providing information or instructions necessary for the 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. The consumer will in any case owe the predetermined purchase price plus any additional costs, but in a case less the proceeds of the sale to that third party.
4. User has the right to deliver in parts at all times.
Article 5. Delivery time
1. The delivery times specified by the user are approximate and are not strict deadlines, but will never exceed the final delivery time, except for force majeure by more than one week.
2. In the event of late delivery, the consumer must give the user written notice of default and set the user a reasonable period of time to still fulfil its obligations.
3. If the delivery period is exceeded, the consumer is not entitled to any compensation in this regard.
4. If the user needs data or tools for the execution of the agreement that must be provided by the consumer, the delivery period will never start earlier than the day that all necessary 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 meet the technical requirements or standards set by laws or regulations of the country where the goods are to be used, but only if explicit mention has been made at the conclusion of the purchase of the use abroad.
Article. 7a Warranty
1. The User guarantees that the goods sold by it are free from material, design and manufacturing defects for a period of at least 12 months after delivery and at most for a period guaranteed by the producer of that article in question.
2. If the guarantee referred to in paragraph 1 applies and the delivered goods show a defect, the user is obliged to repair the goods within 30 days after the consumer has notified him in writing of the defect.
3. The user can choose to replace, repair or credit the goods.
4. The consumer can only demand replacement of the goods or dissolution of the purchase agreement if in the warranty period:
– the user has twice made a fruitless attempt to repair the same defect and this defect is sufficiently serious to justify replacement or dissolution;
– if the consumer demonstrates that the goods show or have shown so many defects that they do not comply with the agreement and that these defects justify replacement or dissolution;
5. The warranty expires if the consumer causes damage due to incorrect handling of a guaranteed item.
6. The consumer must demonstrate that the item within the warranty period shows a defect for which this guarantee applies. The warranty expires if the type or serial number of a case has been removed or changed.
Article 7b Return guarantee
1. The consumer has the right to return the delivered products purchased from our online shop without giving any reason within 14 working days after receipt to the user. The User will then refund to the consumer the received (purchase) sum minus the costs of the return fee to be reported and thus determined, under the following conditions :
- Only concerns the products that have been purchased
online by private individuals – Products have not been purchased for business or professional use.
- Products are not manufactured at the consumer's request, based on an additional option added to a product (individual choice or decision of the consumer).
– The products in question must be described in the relevant message as goods for which the return guarantee applies.
– Software of which the seal of the packaging is broken will not be taken back.
– No changes may have been made to or to the delivered goods and the delivered goods must be in undamaged condition. All documentation, warranty certificates and packaging materials sent with it must be included with 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 postage of the return shipment are for the consumer.
– All copies or adaptations or translations of the delivered goods – including, among other things, diskettes, electronic material, manuals and documentation made for personal use or otherwise – must be sent with the return shipment or destroyed or erased at the time of shipment.
– This return applies for the rest as a resolutive condition and not as a "repurchase" – schedule.
Article 8. Retention of title
1. The User remains the full owner of a business sold by her until the moment that the purchase price has been paid in full.
2. If and as long as the user is the owner of the products, the consumer will immediately inform the user when the products are (threatened to) be seized or otherwise claim is made on (any part of) the products. In addition, the consumer will inform the user on user's first request where the products are located.
3. In the event of attachment, (provisional) suspension of payment or bankruptcy, the consumer will immediately inform the attaching bailiff, the administrator or the trustee of the (property) rights of the user. The consumer guarantees that a seizure on the products is lifted immediately.
Article 9 Repairs, Data
e-Refurb is not responsible, nor liable for the possible loss of personal data, Hardware must be delivered without personal data (without 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
1. The consumer must examine the purchased goods upon delivery – or as soon as possible thereafter . In doing so, the consumer must check whether the delivered item complies with the agreement, namely:
– whether the correct item has been delivered;
– whether the delivered item meets the agreed quality requirements or – if these are missing – the requirements that may be set for normal use.
2. If a visible defect or shortcoming is found, the consumer must report this to the user within 3 days after delivery.
3. The consumer must report a non-visible defect to the user in writing within 3 days after discovery.
Article 11. Prices
1. Unless explicitly stated otherwise, all prices are stated in messages, such as catalogues, price lists and/or quotations of the user, expressed in EURO, and exclusive of turnover tax. Unless explicitly stated otherwise, the costs of packaging and shipping, as stated in the relevant message, as well as all other levies or taxes imposed or levied with regard to the products and the transport thereof, shall be borne by the consumer.
2. Prices are based on the circumstances applicable to the user at the time of the conclusion of the agreement, such as exchange rates, freight rates, import duties and dealer prices. If these circumstances change after the conclusion of an agreement but before delivery, the user has the right to pass on the resulting costs to the customer.
3. Discounts are deemed to have been granted once each time. Previously granted discounts do not bind the user in any way for a later agreement.
Article 12. Payment
1. Unless otherwise agreed, payment must be made net in cash. Either by advance bank transfer, or by credit card, or by debit transaction or by one-time authorization.
2. If payment is not made in cash, this must be made within the payment term stated on the invoice.
3. All amounts charged to the consumer must be paid without discount or deduction. Consumer is not authorized to set off, consumer does not have the right to suspend any payment obligation towards the user.
4. After the expiry of 10 days after the invoice date, the consumer is in default by operation of law; from the moment of default, the consumer owes interest of 1% per month on the amount due, unless the statutory interest is higher in which case the statutory interest applies.
5. In the event of bankruptcy or suspension of payment of the consumer, the claims of the user and the obligations of the consumer towards the user are immediately due and payable.
Article 13. Collection costs
1. If the consumer is in default or in default of fulfilling one or more of his obligations, all reasonable costs for obtaining payment out of court will be borne by the consumer. In any case, in the event of a monetary claim, the consumer owes:
– on the first Eur 3,000,- 15%
– on the excess up to Eur. 6.500,- 10%
– over the excess up to Eur. 15.000,- 8%
– on the excess up to Eur. 65.000,- 5%
– over the excess 3%
2. If the user proves to have incurred higher costs, which were reasonably necessary, these are also eligible for reimbursement.
Article 14. Liability and Indemnification.
1. The liability of the user is limited to the re-delivery of the relevant item or a refund of the purchase price.
2. The User is not liable, either on the basis of the law or under the agreement, for so-called consequential damage that the customer or a third party may suffer in respect of (in the use of) the products. This includes loss of profit, trading loss, loss of data and immaterial damage.
3. For defects in delivered goods, the liability as regulated in Articles 7a & 7b of these terms and conditions applies.
4. The above limitations do not apply if the damage is due to intent and/or gross negligence and/or culpable actions of the user or its subordinates.
Article 15. Force majeure
1. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this regard in the Law and Jurisprudence, all external causes, foreseen or unforeseen over which the user cannot exercise any influence, but as a result of which the user is unable to fulfil its obligations, including strikes at the user.
2. The User also has the right to invoke force majeure if the circumstance that prevents (further) performance occurs after the User should have fulfilled its obligation.
3. During force majeure, the delivery and other obligations of the user are suspended. If the period in which fulfilment of the obligations by the user is not possible due to force majeure lasts longer than 2 weeks, both parties are entitled to dissolve the agreement, without there being an obligation to pay compensation in that case.
4. If the user has already partially fulfilled its obligations at the onset of the force majeure, or can only partially meet its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the consumer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
Article 16. Dispute resolution
The court in the user's place of residence has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nevertheless, the user remains entitled to summon the consumer before the competent court according to the law or convention.
Article 17. Applicable law
Dutch law applies to every agreement between the user and the consumer. The Vienna Sales Convention is expressly excluded.