THE GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY OF TELCOMPC SERVICES
- Definitions
The following definitions (in which the singular tense will be deemed to represent the plural tense too), which are identified by means of initial capitals, will apply in these General Terms and Conditions:
1.1. “Offer”: the Products offered and quotations issued by TelecomPC; an offer can be qualified as a unilateral legal act of offering .
1.2. “General Conditions”: the most recent version of these general terms and conditions of VOF TelecomPC
1.3. “Buyer”: the legal entity that has entered into, or wishes to enter into, an Agreement with TelecomPC
1.4. “Agreement”: all agreements entered into between TelecomPC and the Buyer with regard to the purchase and supply of Products.
1.5. “Parties”: TelecomPC and the Buyer.
1.6. “Products and services”: all telephones, tablets, laptops, computers, audio and other devices, as well as all battery packs, batteries, adapters, accessories, services and other items, offered and supplied by TelecomPC.
1.7. “Written”: by post (on paper) or electronically (via e-mail, WhatsApp, Messenger, or another cross-platform messaging system).
1.8. “TelecomPC”: VOF., the selling party.
- Applicability
2.1. The General Terms and Conditions will apply to Offers issued by TelecomPC , all negotiations between TelecomPC and the Buyer, all Agreements entered into, or to be entered into, by TelecomPC with the Buyer and also performance of the said Agreements.
2.2. Any deviations from these General Terms and Conditions may only be effected in Writing and with the consent of TelecomPC.
2.3. In the event of a conflict between the text of the General Terms and Conditions and the Agreement, the provisions of the Agreement will prevail.
2.4. If TelecomPC does not exercise its rights under the Agreement and/or the General Terms and Conditions immediately at any time, this will not affect its right and possibility to do so in the future, should it wish to, for reasons of its own.
2.5. If one of the provisions of the Agreement or these General Terms and Conditions proves to be void or voidable, the Agreement and the General Terms and Conditions will remain in full force for the rest. The Parties will then enter into consultation with each other to agree on a replacement provision, which should reflect the purpose and purport of the void or nullified provision as much as possible.
2.6. TelecomPC will be entitled to make changes to the General Terms and Conditions.
- Offer
3.1. All Offers issued by TelecomPC will be entirely without obligation and will have been calculated on the basis of the prices, rates and specifications applicable at the time they are issued.
3.2. All Offers issued by Telecompc will apply for a period of five working days, except where an Offer
specifies otherwise.
3.3. TelecomPC will be free to revoke any of the Offers it issues.
3.4. TelecomPC will reserve the right to make changes to the Products shown on its website .
- Agreement
4.1. The Agreement with TelecomPC will be conducted once Two parties have the offer.
4.2. The acceptance of an Offer by the Buyer will be irrevocable.
4.3. TelecomPC will only be bound by (verbal or other) agreements made before or after the conclusion of the Agreement if TelecomPC has confirmed the said agreements with the Buyer in writing.
4.4. TelecomPC will be entitled to engage the services of third parties when performing the Agreement.
4.5. TelecomPC will only be bound by agreements or promises made by TelecomPC, or by the third parties engaged by TelecomPC, if it has confirmed the said agreements and/or promises to the Buyer in Writing.
4.6 Customers with an appointment take precedence over Customers without an appointment.
4.7 Upon delivery of the Product, TelecomPC asks for the access code to test certain functions. If a customer provides this access code, he thereby authorizes TelecomPC to use this code to test functions. The customer is NOT obliged to provide the access code to have his or her device repaired.
4.8 TelecomPC has the right to reset the Product to the original factory settings.
4.9 The Customer is responsible for providing the correct data to TelecomPC.
4.10 TelecomPC tries to use Original parts for its repairs, if this is not possible then parts of the highest achievable quality are used.
4. 11 TelecomPC has the right to engage third parties in the performance of its Services. 4.12 TelecomPC will attempt to make repairs within one hour.
4.13 If the Product is not collected within a week, the Customer will be made aware of this. If the Product has not been collected after 30 days, ownership will pass to TelecomPC.
- Data and information
5.1. The Buyer will guarantee the accuracy, completeness and reliability of the data and information provided to TelecomPC by the Buyer or on its behalf.
5.2. If the data necessary for performance of the Agreement is not available to TelecomPC, or is not available on time or in accordance with the agreements made, TelecomPC will be entitled to charge the Buyer for any costs that are incurred as a result, at its usual rates.
- Estimates and quotations
6.1. The Parties will be guided by the estimates and quotations issued by TelecomPC, subject to any price changes.
6.2. In principle, except where stated otherwise, all prices will be stated in euros and included of VAT and also exclusive of packaging and/shipping.
- Payment.
7.1. Except where agreed otherwise in Writing, payments to TelecomPC are to be made within five working days, which period of time is to be regarded as a strict deadline.
7.2. TelecomPC will be free to require a payment in advance.
- Delivery period
8.1. The delivery period specified by TelecomPC will be just indicative. Except where explicitly agreed otherwise in Writing.
8.2. TelecomPC will not be in default or liable if delivery is not made within the delivery period. But will notify the Buyer of any delays and of the new delivery period.
8.3. The delivery period will commence on the latest of the following moments in time: a. The date on which the Agreement was concluded; b. The date on which TelecomPC receives the information necessary for performance of the Agreement; c. The date on which TelecomPC receives any amounts that the Buyer is to pay to it in advance under the Agreement.
8.4. If the delivery period is expressed in days, one day will be understood to mean a working day, not being a day of rest (Saturday or Sunday) or a national or international public holiday.
- Delivery
9.1. Except where agreed otherwise in Writing, delivery will always be made ex works from the premises of TelecomPC.
9.2. The Buyer may not resell the Products delivered by TelecomPC under the name of TelecomPC.
- Transport
10.1. Delivery to the address specified by the Buyer will only take place if the Parties have agreed in advance on the additional costs involved and the conditions applicable.
- Retention of title
11.1. The Buyer will not be authorized to sell the Products that are subject to retention of title or to encumber them in any other way.
11.2. While the Buyer has Products in its possession to which TelecomPC is able to exercise its retention of title, the Buyer will be obliged to surrender the said Products to TelecomPC immediately when requested to do so, without any judicial intervention being required.
11.4. If third parties attach the Products that have been delivered subject to retention of title or wish to establish or enforce rights to the said Products, the Buyer will be required to inform TelecomPC of the aforementioned as soon as possible.
- Complaints
12.1. The Buyer will be required to immediately check the conformity of Products originating from TelecomPC as soon as they are delivered.
12.2. If the Buyer submits a complaint to TelecomPC in relation to the non-compliance of the Products delivered with the Agreement, TelecomPC will only accept the said complaint if it is submitted in Writing within a reasonable period of time and describes the nature of the defect. The phrase “within a reasonable period” will be deemed to be a period of 24 hours after delivery, or a period of 24 hours after the defect in question was observed.
12.3. Complaints will not be accepted if:
- there are just minor deviations in quality, quantity, material, dimensions, color and other deviations and these deviations are deemed admissible in the sector;
- the Product deviates from an image in the catalogue, brochures and other TelecomPc or third party promotion material;
- the defect in question is the result of a drawing, sketch, design, specification, material or information provided and/or made available by the Buyer;
- the Buyer has repaired or modified the Product itself (as part of which it opened up or dismantled the Product), or has had it repaired or modified by third parties (as part of which the Product was opened up or dismantled);
- the Product delivered has been exposed to abnormal conditions in the broadest sense of the word or has otherwise been handled carelessly or contrary to the instructions of TelecomPC.
12.5. The Buyer will be required to give TelecomPC the opportunity to verify the merits of a complaint.
12.6. If complaints are justified, TelecomPC will be free to choose whether to replace the Products delivered free of charge or to issue a credit note equal to the value of the Products returned.
12.7. Returns will only be accepted with the explicit approval of TelecomPC and will be effected at the expense of the Buyer. If Products are returned without there being any fault on the part of TelecomPC , TelecomPC will
charge the Buyer an amount equal to 25% of the net invoice amount (over and above the original invoice amount); the Buyer will be free to prove that the actual loss sustained is lower. The latter will not apply if a return is approved by TelecomPC .
- Guarantee
13.1. Telecompc will guarantee that the Products delivered by it are of a sound quality, in line with what the Buyer can reasonably expect under the Agreement. The guarantee provided will apply for the period of time specified below and subject to the following conditions.
13.2. In principle and unless specified otherwise, the guarantee period for the Products delivered by Telecompc will be seven days. This seven-day period will start on the date on which the Products are delivered.
13.3. If work is to be carried out under guarantee and/or replacement deliveries are to be made under the guarantee, this will not result in an extension of the guarantee period for the Products delivered by TelecomPC. 13.4. The guarantee provided for Products delivered by Telecompc will cover all defects that arise as the result of normal use. This will explicitly exclude:
- defects that do not quality as a (justified) complaint .
- damage sustained as the result of falling, pressure, impact, wear and tear or moisture; and
- damage caused by an external short circuit.
13.5. TelecomPC will be required to independently assess whether a defect falls under the guarantee that TelecomPC provides for the Products delivered by it.
- Orders and communication
14.1. TelecomPC will not be liable for misunderstandings, delays or the improper transmission of orders and communications that ensue from the use of the internet or other means of communication by Telecompc and the Buyer, except where an intentional act or gross negligence is demonstrable on the part of TelecomPC .
14.2. The Buyer will have ultimate responsibility for checking on the accuracy of the numbers, product types, delivery address and delivery instructions in the order confirmation.
14.3. The Buyer will bear any extra costs to be incurred by TelecomPC if the delivery instructions provided in the order confirmation are incomplete or incorrect.
- Liability
15.1. In the event of an attributable failure to perform on the part of , its liability will be limited to the amount of the net invoice value of the relevant Agreement. The liability of TelecomPC will always be limited to the cover provided by the liability insurance policy.
15.2. TelecomPC will not be liable for any indirect damage or loss, expressly including, but not limited to: trading loss, loss of profit, consequential loss, losses ensuing from business stagnation, immaterial damage, financial loss and personal injury, including all possible claims from third parties, in the broadest sense.
15.3. Where appropriate, the Products delivered by TelecomPC may only be used for the purpose agreed on by the Parties.
15.4. The Buyer will be obliged to indemnify TelecomPC against all possible claims from third parties in relation to alleged loss and/or damage of whatever nature that is caused by or in connection with the Agreement and/or the Products delivered.
15.5. Any claims against TelecomPC , except those that are recognized by TelecomPC , will lapse by the mere expiry of 12 months of the date on which the said claims arose.
- Confidentiality and intellectual property
16.1. All information that TelecomPC provides to the Buyer, in the broadest sense, including but not limited to company information that focuses on specific characteristics of the Products supplied by TelecomPC , and that is provided in the framework of negotiations or the Agreement will be treated as strictly personal and confidential.
16.2. All intellectual property rights in relation to TelecomPC Products or third parties products , websites, brochures and suchlike will only be vested in TelecomPC.
- Force measures.
17.1. The Parties will not be liable for a delay to or breach in the performance of the Agreement if the aforementioned is the result of force measures and, as such, cannot be attributed to the Party in question. 17.2. The Parties will undertake to notify each other as quickly as possible should a force measure situation arise.
17.3. TelecomPC will be entitled to suspend the obligations vested in it while a force measure situation persists.
17.4. If a force measures situation lasts more than four weeks, the Parties will be entitled to terminate the Agreement. The Agreement may be terminated without any compensation being due to the other Party in this respect.
- Penalty clause
18.1. Should the Buyer infringe the articles of these General Terms and Conditions, it will forfeit to TelecomPC , without any further notice of default or judicial intervention being required, an immediately payable fine of € 5.000.00 per infringement, which fine will not be eligible for set-off. The Buyer will also be required to pay an amount of euro 500,00 for every day the infringement lasts, without prejudice to the right of TelecomPC to full compensation of the losses or damages ensuing from the infringement by the Buyer.
- Applicable law and competent court
19.1. Dutch law alone will apply to negotiations with TelecomPC , the Agreement entered into with TelecomPC and the performance thereof.
19.2. Any disputes between the Parties will only be submitted to the competent judge of the district court of Almere.