ICTWaarborg has consumer-friendly general terms and conditions. This means that they have been written in a clear way, and do not limit consumer's rights in any way. All members of ICTWaarborg must, if they are doing business with a consumer, follow the conditions mentioned below. General
General terms and conditions are usually seen as 'difficult small print'. That is why we try to keep things clear in this document, especially when it comes to price, delivery, payment, and what you will get. Since many people are not aware of legal aspects of a purchase agreement, we start with a short introduction on your legal rights as a buyer. The person who supplies a product or service (in these terms: 'seller') is legally obliged to make sure that what he supplies has all the features that the buyer can reasonably expect, based on the (purchase) agreement with the seller (this is called conformity). Things that are important here are for example the type of product and the information the seller has given about it, for example regarding the features of the product. It would be wise to get this type of information in writing, just to be clear. The seller can also rely on advertising by the producer, unless the seller has explicitly mentioned that he does not agree with these statements. For the record, we did include a conformity statement in article 7.
If a products does not have the features that might have been expected based on the purchase agreement, the buyer can require the following of the seller - besides all other legal rights, for example delayed payment:
- delivery of the missing parts;
- repair of damages, unless impossible, or if this cannot be asked of the seller;
- replacement; unless impossible, or this cannot be asked of the seller.
Seller can refuse repair or replacement if the costs are disproportionate to other reasonable solutions, such as lowering the purchase price or refund and compensation of possible damages. Identity of the principal
Name (principal):Smart Import Solutions
Trading under: MINIX Webshop
Headquarters: Plattenborgstraat 20, 8043 TT Zwolle
Phone number: +31629557135
E-mail address: email@example.com
VAT number: NL100993497B01
Chamber of Commerce number: 55895565
Branche organization(s): ICTWaarborg Article 1. All agreements in writing
We strive to get all agreements regarding price, product features, delivery, payment, etc. in writing. Additional agreements (for example regarding the hardware and software supplied with a pc/notebook, besides the standard configuration, or should be supplied different from a standard configuration) must be recorded in writing.
Agreements regarding repairs must also be recorded in writing. Article 2. The offering
1. If our offer (and its price) has a limited validity, or special conditions attached to it, this will be mentioned in the offering.
2. Offers of product are valid while supplies last.
3. We will describe the offered products/services in such a way, that you - as a consumer - can make a sound judgment. The images placed with the offers are truthful; if this is not possible, we will make a mention of this.
4. If 'digital products' are involved, the offer will mention if it concerns secured products.
5. Insofar possible and if applicable, we will mention what hardware and/or software is suitable for the offered products/services (such as software). Article 3. The price
1. Our prices are including vat, including additional costs such as shipping and delivery costs (with the exception of a few country, for which a surcharge applies), and levies such as disposal charges or home copy levies. You will not be (unpleasantly) surprised!
2. During the period that the offer is valid, the prices of the offered products/services will not be increased, unless this is the result of legal regimes (for example increase of the vat rate).
3. If there is an increase in price 3 months after we concluded the agreement with you, you can cancel the agreement as of effective day of the price increase.
4. An exception applies to prices that have to do with the changes on the financial markets, which we have no influence on. In that case, we can offer variable prices, but if that is the case, we will mention in the offer that it concerns recommended prices, that are subject to changes in the financial market. Article 4. Payment
We offer a couple of payment methods, which might change from time to time. Upon payment, you will receive an invoice. Like you, we have our expenditure commitments. If you delay your payment, there are costs that we have to deal with. In cases where this is legally allowed, we will charge you with the damage incurred by that (loss of interest and reasonable costs to collect the outstanding amount). Article 5. Delivery and execution
1. Of course, we strive to deliver the products in time. This will be done as soon as possible, or at the latest within 30 days, unless a shorter or longer delivery time has been agreed upon. If the delivery is late, and this is not the result of force majeure, as a buyer, you have the right to delay payment until you receive the order. This is only the case if you have agreed upon payment upon delivery. If you want, you can partially or completely cancel the purchase agreement in case of late delivery, except if the severity of the delay does not justify this. 2. Delivery will be provided to the address you have given to us. If the delivery has been delayed, or if an order or service cannot or only partially be delivered, we will inform you of this as soon as possible. The final deadline for this is 30 days after you have concluded the (purchase) agreement. After this period, you have the right to terminate the agreement at no cost, and you might be eligible for damages.
3. After dissolution of the agreement, we will refund the amount as soon as possible, yet at the latest within 14 days after dissolution.
4. If the delivery of a separately ordered products proves to be impossible, we will do everything we can to deliver a replacement article. This will be mentioned in a clear and comprehensible manner, at the latest upon delivery. If it is a distance purchase (see article 10), you can still exercise your right of withdrawal. The return costs are in that case borne by us.
5. The risk of damages and/or products gone missing is borne by us up until the moment of delivery to you or a third party appointed by you, unless you have selected a delivery method that is not offered by us by default. Article 6. Warranty
For all our new products, a minimum full warranty of one year applies. Exceptions are batteries, for which another term might apply. It could be the case the producers or importers of products or certain parts (such as the hard drive) offer their own warranty. If you want to invoke your right on warranty, you can contact us. As a seller, we remain your first point of contact. Please note! We would like to let you know that the rights on warranty can become void if you change the products (both hardware and software). Article 7. Conformity
- we only collect personal data that is required to maintain and improve our service to the customer;
- your personal data is processed, stored, and managed pursuant the current privacy laws;
- all other information presented to our employees will be treated as confidential (documents, e-mails, etc.). We will have to make exceptions if the law requires us to submit data to the competent authorities.
As a consumer, you have the right to get access to your personal data. At the latest two weeks after your request, we will send you this information. Upon your request, we will amend or remove your information if this is necessary and if there is no legal stipulation that demands that this information is kept anyway. In our privacy statement, we indicate which information we get from you and in which way and why we collect this information. Article 9. Retention of ownership
We will retain ownership until the order is paid in full. For repair orders, we will provide you with a description of the articles that is as clear as possible, which means that your ownership rights are not an issue if the repair company goes bankrupt when your articles are there. Article 10. Distance purchase
For every so-called distance agreement, usually known as distance purchase (for example an order in a web shop), special additional rules apply. These are included in this article. A distance purchase is a purchase agreement during which there is no immediate contact between seller and consumer. Or: without them both being in the same room. Therefore, this does not only apply to online purchases (web shops), but also orders via telephone/in writing.
The most important aspect of distance purchase is that the consumer has a respite of 14 days (starting on the day after delivery) and is allowed to cancel the purchase within that period of time. Within this period of time, he can exercise his right of withdrawal, the right to dissolve the purchase agreement. Article 10a. Information
The information you get prior to the purchase is set up in such a way, that you are able to properly assess the products, for example through pictures that are a truthful representation of the products. The information is clear and comprehensible and can be found swiftly and easily (prior to concluding the agreement) on our website.
You will also receive clear information regarding your rights and obligations, such as:
- the total amount that is owed to us, including all additional costs (these are mentioned separately), including for example a home copy levy or delivery costs;
- the way in which the agreement is concluded;
- the application (or not) of the right of withdrawal, how you can exercise this right, the model form for withdrawal, but also who will bear what costs in case the right of withdrawal is exercised;
- payment method, delivery or execution of the agreement;
- the term during which the price is valid or the offer can be accepted;
- the rates you have to pay if you want to contact us, if this differs from the basic rate. If you are already a customer and want to contact us regarding a concluded agreement, the rate will never increase the basic rate; - insight into the data we stored about you;
- the minimum duration of the distant agreement when it comes to a continuing or periodic delivery of products or services. We will also make mention of the total price and the total costs per invoice period. If a fixed rate applies for such an agreement, the total price also includes the total monthly costs.
You will also get the following information:
- a. our visiting address, where you can file a complaint;
- b. the way in which you can exercise your right of withdrawal;
- c. information regarding existing service after purchase and guarantees;
- d. the data mentioned in 10a and under Identity;
- e. the conditions for termination of the agreement.
This information must also be comprehensible and easily accessible on our website, prior to conclusion of the agreement. After conclusion of the agreement, but at the latest upon delivery of the product or service, purchaser will receive all information mentioned under 10a, in a format that can - as is the legal term - easily be stored on a durable medium. A durable medium is a medium which stores information in such a way, that you can read it at a later moment. This could be a CD, a PDF file, or a document that can be printed. An e-mail is also regarded as a durable medium. If you received any information in this way, prior to the conclusion of the agreement, this will suffice. The information will not have to be provided again. Article 10b. Conclusion, confirmation, and security
An agreemnt is concluded upon offering and acceptance. (This means that one party offers something at a certain price ("this laptop is €350") and the other says yes to it.) An order is placed (the offer is accepted) if you go through the order process and place the order by activating the order button at the end. As soon as you placed your order, you will receive a confirmation from us. This could be via e-mail or in another way. If you did not receive the e-mail yet, you can still dissolve the purchase agreement. If you order online, we will secure the transmitted data and ensure a secure web environment. Article 10c. Respite in case of delivery products (right of withdrawal)
1. When purchasing products, the consumer has a respite of 14 days. This respite will start the day after you received the product or someone received it on your behalf. Or:
- if you ordered multiple products in one order: the day on which, or a third party appointed by you, has received the last product from that order
- if the delivery of a product consists of multiple shipments or parts: the day on which you or a third party appointed by you, received the last shipment or the last part;
- in case of agreements for periodic delivery of products during a certain period of time, such as a magazine every month: the day on which you, or a third party appointed by you, has received the first product. During that period, you will have the possibility to rescind the agreement without giving any reason. You can use the model form for withdrawal or let us know in another clear way that you want to rescind the agreement. If you send your notification online, we will confirm the receipt. You must return the products within 14 days after the withdrawal. This is called the right of withdrawal.
2. During the respite, you must handle the product and the packaging with utmost care. This means that you will only unpack or use the product in a limited way, insofar this is necessary to assess if you want to keep the product. If you want to invoke your right of withdrawal, you must return the product with all supplied accessories - and if possible - in original condition and packaging, to us. We will give you clear instructions on how to do this.
3. You are only liable for depreciation if this is the result of handling the product in a way that goes beyond what is allowed in section 2. We are entitled to settle the depreciation with the refund that we owe you.
4. If you make use of your right of withdrawal, you only have to pay the costs of return shipment. If this cannot be done through regular mail, we will send you an estimate of the costs. If we bear the costs of return shipment, we will clearly indicate this.
5. After dissolution of the agreement, we will refund all costs you already paid as soon as possible, yet at the latest within 14 days after dissolution. We are entitled to withhold the refund, until we received the products, or until you have shown that you have returned the products.
6. If you selected a more expensive delivery method than the cheapest standard delivery, we do not have to refund the additional costs for the more expensive method. Article 10d. Respite in case of delivery services and digital products
1. With delivery of services and an agreement for the delivery of digital contents that are not supplied on a durable medium, consumers have a respite of 14 days. This respite starts on the day the agreement is concluded. During that period, you will have the possibility to rescind the agreement without giving any reason. This is called the right of withdrawal.
2. We will give you clear instructions - with our offer or at the latest upon delivery - regarding invoking your right of withdrawal. You can use the model form for withdrawal or let us know in another clear way that you want to rescind the agreement. If you send your notification online, we will confirm the receipt. 3. If you rescind the delivery of a service after you first expressly requested this within the respite, we are entitled to charge you for the amount that is proportional to the part of the agreement that has already been fulfilled/delivered by us. Article 10e. Exclusion right of withdrawal
In some cases there is no right of withdrawal for consumers. However, this must be clearly indicated by us, prior to conclusion of the agreement. This would include:
Article 10f. Payment
- a. Products or services of which the price depends on fluctuations in the financial market outside of our control, which may occur during the withdrawal period.
- b. Agreements that are concluded during a public auction. Products that are purchased at an Internet auction are in principle not covered by this. However, a right of withdrawal does apply to that.
- c. Provided services, but only if: - the execution started with your express prior consent; and - u have declared that you loose your right of withdrawal after we completely fulfilled the agreement within the respite period.
- d. Products that are made based on your specifications, that are not prefabricated, and that are created based on your individual choice or decision, or which are clearly intended for a specific person;
- e. Products that expire rapidly or have a limited shelf life.
- f. Sealed products that are, due to health or hygiene reasons, are not suitable for return shipment, and of which the seal has been broken after delivery.
- g. Products that have been irreversibly mixed with other products due to their nature, and after delivery.
- h. Sealed audio, video recordings and computer software, of which the seal has been broken after delivery.
- i. Separate newspapers, periodicals or magazines, excluding subscriptions.
- j. The delivery of digital content not on a durable medium, but only if:
- the execution started with your prior express consent; and
- you have declared that by doing this, you will loose your right of withdrawal
For every consumer purchase, the requested advance payment can never exceed 50%, and if nothing else has been agreed upon, the buyer will pay (the rest of the) amount upon or after delivery of the order. Prepayment in full can be offered as a payment method, but only if there are also other possibilities, which allow you to pay (at least 50%) upon or after delivery. Article 10g. Cancellation
An order can be cancelled free of charge, if it has not been shipped yet, unless the products and/or services are excluded from the right of withdrawal. Article 11. Complaints and term to complain
We want to offer our customers a great service, which is why we find it important that you inform us of any complaints you might have regarding our service. To limit the damage, we would ask you to do this as soon as possible. According to the law, a complaint is made known in a timely matter if this is done within two months after discovery. This also applies if the purchased product does not have the properties that you might expect based on the purchase agreement. It is in your best interest to make your complaints known in writing. If you file a complaint with us, we will reply to this within 14 days at the most. If we need more time, we will let you know within 14 days when you can expect an answer. Article 12. Disputes
1. These General Terms and Conditions and the agreements to which they are related are only subject to Dutch law. ICTWaarborg offers a mediation possibility that consumers can use by filling in the mediation form on www.ictwaarborg.nl. Among the conditions are: the problem is discussed with the involved participant of ICTWaarborg and the complaint procedure of the company has been completed; it should be regarding an ICT product or service that is included with the ICT activities that are typical to the ICTWaarborg industry of which the participant was a member during the time the problem occurred; the company is certified member at the time you file your request for mediation; no other party has been hired to get to a solution.
The full terms and conditions can be found on www.ictwaarborg.nl
2. If it is a case of distance purchase, as intended in article 10, you can also file a complaint/submit the dispute via the European online platform (ODR) for dispute resolution. You can find this platform via http://ec.europa.eu/consumers/odr/
. Article 13. Additional provisions
We can use additional or different provisions besides the 13 articles of this standard set of general terms and conditions of ICTWaarborg. These will be added to these conditions under “Additional provisions”. This additional provisions cannot be at a disadvantage of the consumer.
Version March 2016 - ICTWaarborg