General

Terms and Conditions Reparatiespelcomputers.nl September 2018

Toc:
Article 1-Definitions.
Article 2-Identity of the trader.
Article 3-Applicability.
Article 4-The offer.
Article 5-The agreement.
Article 6-Right of withdrawal.
Article 7-Costs in case of withdrawal.
Article 8-exclusion of right of withdrawal.
Article 9-The price.
Article 10-Conformity and guarantee.
Article 11-Delivery and execution.
Article 12-Duration transactions: Duration, termination and renewal.
Article 13-Payment.
Article 14-Complaints procedure.
Article 15-disputes.
Article 16-Additional or different provisions.
Article 17-Liability.
Article 18-secrecy.
Article 19-Intellectual property

Article 1-Definitions
In These terms and conditions:
1. Period of reflection: the term within which the consumer may make use of his right of withdrawal;
2. Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the trader;
3. Date: Calendar day;
4. Duration of transaction: a distance contract with respect to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
5. Durable data medium: Any means that enables the consumer or entrepreneur to store information addressed to him in person in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to refrain from the distance contract within the period of reflection;
7. Model form: The Model revocation form available to the trader who can fill a consumer when he wishes to use his right of withdrawal.
8. Entrepreneur: The natural or legal person offering products and/or services at a distance to consumers;
9. “Distance contract” means an agreement whereby, within the framework of a system organized by the entrepreneur for the distance marketing of products and/or services, up to and including the conclusion of the contract, use is made exclusively of one or more techniques for distance communication;
10. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and the trader being simultaneously confronted in the same room.
11. General terms and Conditions: the present general terms and conditions of the trader.

Article 2-Identity of the trader
Company data
Repair Spelcomputers
Contact person L. Solar field
Address: J. V. Oldenbarneveldstr 13 7204ka Zutphen
Phone nr: Tel. 06 185 10 339
Email: info(@)reparatiespelcomputers.nl
K. V. K: 53831349
VAT: NL128922795B01

Opening hours
Sunday to Thursday 17:00-21:30
Friday & Saturday 14:00-21:30

If the entrepreneur’s activity is subject to a relevant authorisation scheme:
Information on the supervisory authority:

If the trader exercises a regulated profession:
-The professional association or organisation in which it is affiliated;
-The professional title, the place in the EU or the European Economic Area where it was granted;
-a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules are accessible.

Article 3-Applicability
1. These general terms and Conditions shall apply to any offer by the trader and to any distance contract concluded and to orders between the trader and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are to be seen by the trader and they are sent at the request of the consumer free of charge as soon as possible.
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 consumer by electronic means. In such a way that it can be easily stored by the consumer on a durable data medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be taken by electronic means and that, at the request of the consumer, they may be notified by electronic means or otherwise be sent free of charge.
4. In the event that, in addition to these general conditions, specific product or service conditions are also applicable, the second and third paragraphs shall apply mutatis mutandis and the consumer may, in the event of conflicting terms and conditions, Always rely on the applicable provision which is most favourable to him.
5. If one or more of the provisions in these general terms and conditions at any time are wholly or partially void or destroyed, the agreement and these Terms and conditions shall continue to be maintained and the relevant provision will be agreed by mutual agreement be replaced without delay by a provision that approximates the scope of the original as far as possible.
6. Situations not covered by these general terms and conditions should be assessed ‘ in the spirit ‘ of these general terms and conditions.
7. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be interpreted in the spirit of these terms and conditions.

Article 4-The Offer
1. If an offer has a limited period of validity or is subject to conditions, this is expressly stated in the offer.
2. The offer is without engagement. The trader is entitled to modify and adapt the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or manifest errors in the offer do not bind the entrepreneur.
4. All images, specifications in the offer are indication and cannot be a reason for damages or dissolution of the agreement.
5. Product images are a true representation of the products offered. Entrepreneur cannot guarantee that the colours shown exactly match the real colours of the products.
6. Each offer shall contain such information as to indicate to the consumer the rights and obligations which are attached to the acceptance of the offer. This concerns in particular:
o the price including taxes;
o any costs of dispatch;
o the way in which the agreement will be established and what actions are needed for it;
o Whether or not the right of withdrawal is applicable;
o The method of payment, delivery and execution of the contract;
o The time limit for acceptance of the offer or the period within which the trader guarantees the price;
o The amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular base rate for the means of communication used;
o Whether the agreement is archived after the creation and, if so, how it is to be consulted for the consumer;
o the way in which the consumer, before concluding the contract, can check the information provided by him under the agreement and, if desired, restore it;
o any other languages in which, in addition to Dutch, the agreement may be concluded;
o The codes of conduct to which the trader is subject and the way in which the consumer can consult these codes by electronic means; And
o The minimum duration of the distance contract in case of an expensive transaction.
Optional: Available sizes, colours, type of materials.
Article 5-The Agreement
1. The Agreement shall be concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions laid down.
2. If the consumer has accepted the offer by electronic means, the trader shall immediately confirm receipt of acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can rescind the agreement.
3. If the contract is concluded electronically, the Trader shall take appropriate technical and organisational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the trader will take appropriate safety measures to that end.
4. The trader may, within statutory frameworks, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible engagement of the distance contract. If, on the basis of this investigation, the trader has good grounds for failing to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the execution.
5. The trader shall provide the consumer with the product or service with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data medium:
A. The visiting address of the establishment of the trader to which the consumer can go with complaints;
B. The conditions under which and the manner in which the consumer can avail himself of the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
C. The information on warranties and existing after-sales service;
D. The information contained in article 4 (3) of these conditions, unless the trader has already supplied the information to the consumer before the performance of the contract;
E. The requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.
6. In the case of an expensive transaction, the provision in the preceding paragraph shall apply only to the first delivery.
7. Any agreement shall be entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6-Right of withdrawal
On delivery of products:
1. When purchasing products, the consumer has the possibility to dissolve the contract without giving reasons for 14 days. This period of reflection shall take into consideration the day after receipt of the product by the consumer or a representative designated by the consumer and made known to the trader.
2. During the reflection period, the consumer will carefully handle the product and the packaging. He will only extract or use the product to the extent necessary to be able to assess whether he wishes to retain the product. If he makes use of his right of withdrawal, he shall return the product with all the accessories supplied and-if reasonably possible-in its original condition and packaging to the trader, in accordance with the reasonable and Clear instructions.
3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make it known to the trader within 14 days of receipt of the product. To make known the consumer must do so by means of the model form. After the consumer has made known to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered have been returned in good time, for example by means of proof of dispatch.
4. If, at the end of the time limits referred to in paragraphs 2 and 3, the customer has not made known the use of his right of withdrawal or the product has not returned to the trader, the purchase is a fact.
On delivery of services:
5. In the case of provision of services, the consumer shall have the possibility to terminate the contract without giving reasons for at least 14 days, entering into the day of the contract.
6. In order to make use of his right of withdrawal, the consumer shall focus on the reasonable and clear instructions provided by the trader in the offer and/or at the latest upon delivery.

Article 7-Costs in case of revocation
1. If the consumer makes use of his right of withdrawal, the costs of returning the goods shall not exceed.
2. If the consumer has paid an amount, the trader will repay this amount as soon as possible, but no later than 14 days after revocation. The condition is that the product has already been received back by the webshop or conclusive proof of complete return can be consulted.

Article 8-exclusion of right of withdrawal
1. The trader may exclude the consumer’s right of withdrawal for products as defined in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:
A. Established by the trader in accordance with consumer specifications;
B. which are clearly personal in nature;
C. Which cannot be returned by their nature;
D. That can quickly spoil or age;
E. The price of which is tied to fluctuations in the financial market on which the trader has no influence;
F. For loose newspapers and magazines;
G. For audio and video recordings and computer software, the consumer of which has broken the seal.
H. For hygienic products where the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
A. To carry out accommodation, transport, restaurant business or leisure activities on a specific date or during a specified period;
B. The supply of which has commenced with the express consent of the consumer before the period of reflection has elapsed;
C. Concerning bets and lotteries.

Article 9-The price
1. During the period of validity indicated in the offer, the prices of the products and/or services offered shall not be increased, subject to price changes resulting from changes in VAT rates.
2. Notwithstanding the preceding paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and to which the trader has no influence, with variable prices. This bonding to fluctuations and the fact that any prices quoted are indicative prices are indicated in the offer.
3. Price increases within 3 months of 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 contract are only permitted if the trader has stipulated this and:
A. Are the result of legal regulations or provisions; Or
B. The consumer has the power to terminate the contract as from the day on which the price increase enters.
5. The prices quoted in the offer of products or services include VAT.
6. All prices are subject to pressure – and typographical. No liability is accepted for the consequences of pressure and typographical. In the case of pressure – and typographical, the trader is not obliged to supply the product according to the erroneous price.

Article 10-Conformity and guarantee
1. The trader shall ensure that the products and/or services comply with the agreement, the specifications specified in the offer, the reasonable requirements of soundness and/or usability and the date of the conclusion of the agreement Existing legal provisions and/or government regulations. If agreed, the trader will also ensure that the product is suitable for other than normal use.
2. A guarantee provided by the trader, manufacturer or importer shall not affect the statutory rights and claims which the consumer may assert against the trader on the basis of the agreement.
3. Any defects or products that are delivered incorrectly must be reported to the trader within 4 weeks after delivery. Return of the products must be done in the original packaging and in new condition.
4. The warranty period of the trader corresponds to the factory Garantietermijn. However, the trader is never responsible for the final suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
5. The guarantee shall not apply if:
o The consumer has repaired and/or edited the delivered products themselves or has been repaired and/or processed by third parties;
o The products delivered are exposed to abnormal circumstances or are otherwise treated carelessly or contrary to the instructions of the trader and/or have been treated on the packaging;
(o) The inadequacy is wholly or partly the result of rules which the Government has set or will set in respect of the nature or quality of the materials used.

Article 11-Delivery and execution
1. The trader shall observe the utmost care in receiving and executing orders for products and in assessing applications for the provision of services.
2. The place of delivery shall be the address which the consumer has made known to the company.
3. Subject to the provisions of paragraph 4 of this article, the Company shall carry out accepted orders with due urgency but not later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or only partially completed, the consumer will receive a notice no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract at no cost. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights to any such deadlines. Exceeding a period does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the trader shall repay the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
6. If delivery of an ordered product proves to be impossible, the trader will endeavour to make a replacement item available. No later than delivery, a clear and comprehensible notification will be given that a replacement item is delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
7. The risk of damage and/or loss of products is vested in the trader until the moment of delivery to the consumer or a representative appointed and announced to the trader, unless expressly agreed otherwise. After making your order, you have the choice to choose Standard or registered shipping. If you choose standard shipment (with stamps) your shipment is not insured against loss and/or theft and damage.
8.Indien na 21 dagen dat de klant geïnformeerd (per mail ,Whatsapp ,sms) is dat het product gereed is, en de klant gedurende deze periode heeft nagelaten de reparatie van het product te betalen, is Reparatiespelcomputers.nl gerechtigd het product te verkopen en/of vernietigen op een milieuvriendelijke wijze en het verschuldigde op de opbrengst te verhalen. De extra kosten voor het verhalen worden aan de klant doorberekend.

Artikel 12 – Duurtransacties: duur, opzegging en verlenging
Opzegging
1. De consument kan een overeenkomst die voor onbepaalde tijd is aangegaan en die strekt tot het geregeld afleveren van producten (elektriciteit daaronder begrepen) of diensten, te allen tijde opzeggen met inachtneming van daartoe overeengekomen opzeggingsregels en een opzegtermijn van ten hoogste één maand.
2. De consument kan een overeenkomst die voor bepaalde tijd is aangegaan en die strekt tot het geregeld afleveren van producten (elektriciteit daaronder begrepen) of diensten, te allen tijde tegen het einde van de bepaalde duur opzeggen met inachtneming van daartoe overeengekomen opzeggingsregels en een opzegtermijn van ten hoogste één maand.
3. De consument kan de in de vorige leden genoemde overeenkomsten:
o te allen tijde opzeggen en niet beperkt worden tot opzegging op een bepaald tijdstip of in een bepaalde periode;
o tenminste opzeggen op dezelfde wijze als zij door hem zijn aangegaan;
o altijd opzeggen met dezelfde opzegtermijn als de ondernemer voor zichzelf heeft bedongen.
Verlenging
4. Een overeenkomst die voor bepaalde tijd is aangegaan en die strekt tot het geregeld afleveren van producten (elektriciteit daaronder begrepen) of diensten, mag niet stilzwijgend worden verlengd of vernieuwd voor een bepaalde duur.
5. In afwijking van het vorige lid mag een overeenkomst die voor bepaalde tijd is aangegaan en die strekt tot het geregeld afleveren van dag- nieuws- en weekbladen en tijdschriften stilzwijgend worden verlengd voor een bepaalde duur van maximaal drie maanden, als de consument deze verlengde overeenkomst tegen het einde van de verlenging kan opzeggen met een opzegtermijn van ten hoogste één maand.
6. Een overeenkomst die voor bepaalde tijd is aangegaan en die strekt tot het geregeld afleveren van producten of diensten, mag alleen stilzwijgend voor onbepaalde duur worden verlengd als de consument te allen tijde mag opzeggen met een opzegtermijn van ten hoogste één maand en een opzegtermijn van ten hoogste drie maanden in geval de overeenkomst strekt tot het geregeld, maar minder dan eenmaal per maand, afleveren van dag-, nieuws- en weekbladen en tijdschriften.
7. Een overeenkomst met beperkte duur tot het geregeld ter kennismaking afleveren van dag-, nieuws- en weekbladen en tijdschriften (proef- of kennismakingsabonnement) wordt niet stilzwijgend voortgezet en eindigt automatisch na afloop van de proef- of kennismakingsperiode.
Duur
8. Als een overeenkomst een duur van meer dan een jaar heeft, mag de consument na een jaar de overeenkomst te allen tijde met een opzegtermijn van ten hoogste een maand opzeggen, tenzij de redelijkheid en billijkheid zich tegen opzegging vóór het einde van de overeengekomen duur verzetten.

Artikel 13 – Betaling
1. Voor zover niet anders is overeengekomen, dienen de door de consument verschuldigde bedragen te worden voldaan binnen 7 werkdagen na het ingaan van de bedenktermijn als bedoeld in artikel 6 lid 1. In geval van een overeenkomst tot het verlenen van een dienst, vangt deze termijn aan nadat de consument de bevestiging van de overeenkomst heeft ontvangen.
2. The consumer shall have the obligation to notify the trader without delay of any inaccuracies in the payment information provided or indicated.
3. In the event of default of the consumer, the trader shall, subject to legal restrictions, be entitled to charge the reasonable costs incurred in advance to the consumer.

Article 14-Complaints procedure
1. The trader has an adequately publicised complaints procedure and treats the complaint in accordance with this complaint procedure.
2. Complaints about the implementation of the agreement must be submitted to the trader in full and clearly defined within 7 days after the consumer has found the defects.
3. Complaints submitted to the trader shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will reply within the 14-day period with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.
5. In the case of complaints, a consumer must first turn to the trader. In the case of complaints which have not been resolved by mutual agreement, the consumer has the possibility to have his complaint handled by Stichting dispute Online (www.geschilonline.com), the ruling of which is binding and both the entrepreneur and the consumer agree with this Binding ruling. Submitting a dispute to this litigation committee is associated with costs that the consumer pays to be paid to the relevant commission.
6. A complaint does not suspend the entrepreneur’s obligations unless the trader indicates otherwise in writing.
7. If a complaint is found to be founded by the trader, the trader will, at its discretion or the products delivered, replace or repair it free of charge.

Article 15-Disputes
1. Agreements between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law. Even if the consumer is resident abroad.
2. The Vienna Sales Convention shall not apply.

Article 16-Additional or different provisions
Additional provisions or derogations from these general terms and conditions may not be detrimental to the consumer and must be recorded in writing or in such a way that they can be accessed by the consumer in an accessible manner Stored on a durable data medium.

Article 17 liability.
17.1 Repair Spelcomputers is not liable for any damage caused by temporary or non-availability of the ordering possibility, inaccessibility or removal of its website for maintenance or otherwise.
17.2 Repair Spelcomputers is not liable for damages of any nature whatsoever, because repair spelcomputers has gone out of incorrect and/or incomplete data provided by the customer, unless this inaccuracy or incompleteness for Repair spelcomputers to be known.
17.3 In No event shall repair spelcomputers be liable for damages arising or caused by the customer having used the delivered for a purpose other than that for which it was purchased.
17.4 If the customer or a third party makes changes to the spelcomputers provided by repair services, spelcomputers any liability in respect of the operation and any (consequential) damage.
17.5 if damage is caused to another case or any other follow-up damage has arisen because the product has been incorrectly mounted or built by the customer or a third party, repair spelcomputers is not liable.
17.6 If repair spelcomputers be liable for any damages, the liability of repair spelcomputers is limited to maximum the invoice value of the agreement, at least to that part of the agreement on which the Liability.
17.7 repair spelcomputers is never liable for indirect damage, including consequential damage, lost profits, lost savings and damage caused by company stagnation.
17.8 the limitations of liability contained in these conditions do not apply if the damage is attributable to intentional or gross negligence on repair spelcomputers or its subordinates.
17.9 Repair Spelcomputers handles all supplied devices with the utmost caution. Some defects only come to light after the unit is disassembled. Repair Spelcomputers cannot be held liable for defects or damages that occur during or after the repair, unless they find their cause in intentional or gross negligence caused by repair spelcomputers.
17.10 Repair Spelcomputers is never liable for the loss of data.
17.11 Repair Spelcomputers has only a commitment to the customer. Repair Spelcomputers can therefore never be held liable for not obtaining the desired result.

Protection.
The customer shall indemnify the repair spelcomputers for any claims by third parties which suffer damage in connection with the execution of the agreement and which is attributable to the customer.

Force majeure.
In the event of force majeure, repair spelcomputers is not obliged to compensate for the damage caused to the customer, except and in so far as repair spelcomputers as a result of the force majeure has had an advantage that it has had a proper performance would not have had.

Article 18 secrecy.
18.1 Both parties are obliged to maintain the confidentiality of any confidential information they have obtained from each other or from other sources under their agreement. Information shall be deemed confidential if it has been communicated by the other party or if this results from the nature of the information. The party receiving confidential information will only use it for the purpose for which it is provided.
18.2 If, on the basis of a legal provision or a court ruling, repair spelcomputers is obliged to provide confidential information to third parties designated by the law or the competent court, and repair spelcomputers in the relevant Cannot invoke a right of change recognised or permitted by the competent court, then repair spelcomputers is not liable for damages or indemnification and the customer is not entitled to dissolve the Agreement on the basis of any damage resulting from this.

Security and Internet.
Repair Spelcomputers will take appropriate security measures to protect the website from the risk, s of unauthorized access to or alteration, destruction or loss of the data entered by the customer via the website, but Repair Spelcomputers cannot give a guarantee in this respect.

Article 19 intellectual property.
19.1 the customer must fully and unconditionally respect all intellectual property rights which rest on the products delivered by repair spelcomputers.
19.2 without the prior written or electronic consent of repair spelcomputers, the customer may not copy, forward, transmit, transmit, distribute, disclose, publish, send, communicate any information, texts, logos, trademarks, trade names and images obtained through the website. reproduce or publish.