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Client(s): natural person or legal entity not considered as equivalent to a consumer;
Consumer(s): natural person not acting in a professional or business capacity;
Cooling-off period: the period in which the revocation right can be exercised;
Day(s): calendar day(s);
Distance agreement: an agreement concluded between U4T and the consumer within the context of an organised system for the sale of products at a distance in which use is made either exclusively or in part of a medium or media for communication at a distance up until and including the conclusion of the agreement;
GTC: General terms and conditions, version 2016;
Media for communication at a distance: the means that can be used to conclude an agreement without requiring the consumer and U4T to have met together simultaneously at the same location;
Supplier: natural person or legal entity who/that supplies or delivers goods to U4T;
Visitors: natural persons who, whether in the exercise of their profession or in the course of their business, visit the website’s pages;
Website: the website to which the consumer and client are granted access and which can be viewed at the web address: https://www.used4telecom.nl;
WIK: the Extrajudicial Collection Costs (Standardisation) Act (Wet normering buitengerechtelijke incassokosten);
www.Used4Telecom.nl and Used4Telecom: trade names of Handelsonderneming Barenkamp, having its registered office in Emmer-Compascuum (Chamber of Commerce no. 01150839), referred to hereinafter as: ‘U4T’.
The GTC will apply to each offer and to each distance agreement that comes into effect between U4T and the client or consumer. Use of the website means acceptance of the GTC. U4T dismisses the applicability of clients’ other general terms and conditions. Departure can be made from the provisions in these GTC only following the written and specific consent of U4T. In such a case, the remaining provisions in these GTC will continue to apply unimpaired. U4T reserves the right to make interim supplements/amendments to the conditions of sale and the GTC.
3 THE ITEMS AND THE WEBSITE
1 U4T attempts to furnish the items offered on the website with a complete and precise description, including under this the degree of wear and tear. U4T is not bound by manifest mistakes or errors in respect of the offer;
2 Visitors who make their email address known will received the newsletter automatically by email. Unsubscribing can be done by using the contact form or at the bottom of the newsletter;
3 U4T informs the client and consumer that depictions of the offer on the website may not provide any faithful representation subject to circumstances and technical restrictions, including under this anomalies in the range of colours on computer screens. Manifest mistakes or errors may arise concerning the description of the offer. The products offered are in conformity with the condition in which they are offered, including their (technical) operation. The client and/or consumer should make enquiries concerning any lack of clarity;
4 The products that are offered in a used condition are not new. Clients and/or consumers should adjust their expectations accordingly. U4T may indicate whether signs of use appear, and, if so, the type of signs of use that appear, in relation to an offered product, but first and foremost is based on the credo: ‘I would not put on someone else’s desk anything that I wouldn’t put on my own’.
1 The offer on the website is an invitation for negotiation. An agreement with U4T is concluded only once U4T confirms the order to the client or consumer in a separate letter pertaining to the order. When placing an order, the client is obliged to furnish his VAT number to U4T and will be in default in the absence thereof, whereupon U4T will not be obliged to fulfil the agreement;
2 U4T reserves the right to reject an order and/or to dissolve a concluded agreement if the client or consumer does not pay due regard for the GTC and/or in the event of force majeure or when U4T or a third party engaged by U4T is not in a position to deliver the ordered goods and/or to deliver under the agreed terms and conditions. Payment of the purchase price will not then be made. A refund will be made of sums already paid;
3 With regard to an order confirmed by U4T and within 24 hours of the dispatch by U4T of such a confirmation, the client is obliged to notify U4T of any mistakes or errors in that order by sending an email to the address email@example.com, stating the nature of the error and submitting the correct order. Any failure to observe this provision on the part of the client and any loss that should arise as a result thereof will be for the account of the client. Moreover, loss that arises as a result of placing an incorrect order and a prompt notification can be recovered from the client at U4T’s discretion, or in any event will remain for the account of the client;
4 Agreements will not be filed.
1 The prices referred to in the offer of products are indicative, in euros, exclusive of VAT and exclusive of shipping costs, unless otherwise stated;
2 The price submitted by U4T to the client or consumer at that party’s request in a separate letter will be binding, as will the applicable turnover tax, shipping costs and any additional costs.
6 PAYMENT AND TERM OF PAYMENT
1 Unless otherwise agreed, the sums owing by the consumer and/or client should be paid within 14 days of concluding the agreement, in the absence of which U4T will be entitled to dissolve the agreement. Payment can also be made other than in cash at U4T’s express and written discretion;
2 The consumer will be in default if he fails to fulfil the payment obligations on time/in full. The client will be in default by operation of law, without a warning or notice of default being required. If in default, the consumer will be liable to pay debt collection charges pursuant to the WIK: 15% of the invoiced sum up to €2,500.00, 10% of the next €2,500.00, etc. (see WIK), subject to a minimum fee of €40.00, and, by operation of law, and without a warning or notice of default being required, the client will be liable to pay €100.00 in debt collection charges plus 15% of the invoiced sum in respect of each claim left unpaid. Starting from the date of default, the consumer will owe to U4T the statutory interest rate charged on the sum still owing, and the client will owe to U4T 1% interest for each month in default; subject to U4T’s discretion, a client in default will owe in any event to U4T the statutory commercial interest;
3 Payment can be made only by means of the payment options offered on the website, by means of bank transfer or by means of cash payment in legal tender, being euros, at the time of collection of the products;
4 Payment can be made by bank transfer to IBAN: NL63 RABO 0156 140 985, in the name of Used4Telecom in Emmer-Compascuum, stating the invoice number. The credit entry date on U4T’s bank account will be the determining factor in respect of the term of payment; 5. At U4T’s discretion, the client should make payment other than in cash by giving movable property in payment.
7 RETENTION OF TITLE
Delivered goods as well as goods for which the invoice has already been paid remain the property of U4T until all sums owing by the client or consumer as well as interest and debt collection and recovery charges have been paid to U4T. This provision applies to all goods offered for sale to third parties by U4T, also including goods not specified further in these GTC. The client and consumer promise to inform third parties of U4T’s retention of title if U4T’s goods are threatened with attachment. At all times, all U4T goods that are unpaid but have been delivered should be kept apart from other goods, in part to prevent their confusion.
8 DELIVERY AND SHIPPING COSTS
1 U4T exercises the greatest possible care when taking receipt of and when executing orders of products;
2 Orders accepted by U4T will be executed without delay and within 30 days at most, unless a different delivery period has been submitted by U4T;
3 Unless otherwise agreed, items will be collected by the client or consumer and after U4T has confirmed to the client/consumer the date and time of collection. In the case of shipments, an order will not be shipped before it is complete and can be shipped using one transport. Should the delivery encounter delay, or if an order cannot be executed or only in part, the consumer will receive notification to that effect no more than 30 days after he has placed the order. After these 30 days, the consumer may cancel the order free of charge. Sums already paid will be refunded by U4T within 30 days. Sums received in cash will be repaid by bank transfer to a bank account of the client or consumer’s choice;
4 Shipments will be insured or sent by registered mail only on request and subject to an additional fee;
5 U4T is not liable for loss arising in respect of a product ordered by a client as a result of its damage and/or going missing after it has been delivered by mail or has been submitted to a third party for transport;
6 If the order fits through a normal letterbox, it will be dispatched in an envelope. A carrier will be engaged in other cases. Shipping costs to an address in the Netherlands are €4.95 per envelope and they are €10.00 using POSTNL per parcel post delivery. A carrier’s transport charges will be determined by U4T according to each order. The client or consumer can obtain a statement of the transport charges in advance;
7 Delivery will be made at the address submitted by the client or consumer at the time of concluding the agreement. The consumer and client are obliged to notify U4T without delay about an incorrectly submitted address.
9 REVOCATION RIGHT
1 Throughout a cooling-off period of 14 days, the consumer may dissolve the concluded distance agreement in relation to the purchase of a product, without giving reasons, by using the ‘Standard Form for Remote Sales’. The cooling-off period commences on the day after the consumer, or a third party who the consumer indicates in advance and who is not the carrier, has received the product, or a) if the consumer has ordered several products in the same order: on the day on which the consumer, or a third party who the consumer has so indicated, has received the final product, or b) if the delivery of a product consists of several shipments or components: on the day on which the consumer, or a third party who the consumer has so indicated, has received the final shipment or the final component;
2 U4T must be notified about exercise of the revocation right within the cooling-off period by means of sending an email to the address: firstname.lastname@example.org. This notification will be considered on time if it is received by U4T before the cooling-off period lapses. U4T will confirm receipt of the notification by return email message;
3 As soon as possible, but within 14 days of the day following the notification referred to in 9.2, the consumer will send the product back, or else will hand it over to (an authorised representative of) U4T, unless U4T has offered to collect the product itself. In all events, the consumer is considered to have observed the returns period if he returns the product before the cooling-off period lapses;
4 The consumer will send the product back with all the accessories with which it was delivered and in its original condition, packaging and invoice, and in accordance with the reasonable and clear instructions furnished by U4T. The consumer will bear the cost of returning the product;
5 Once U4T has received all of the delivered products, and they are not damaged other than as mentioned in Clause 10, the purchase price excluding delivery charges and/or shipping charges will be reimbursed to the consumer within 14 days of the day following their receipt;
6 U4T may charge a fee for repairs and/or cleaning and/or a reduction in sale value, and may set this off against money received from the consumer or client;
7 Sums of money received in cash will be reimbursed by bank transfer.
10 CONSUMER OBLIGATIONS
The consumer will handle the product and its packaging with care during the cooling-off period. The consumer will unpack or use the product only to the degree necessary to establish the nature, features and operation of the product. The principle in this regard is that the consumer may handle and inspect the product only as he would be permitted to do if in a normal physical shop. The consumer is liable for a reduction in the product’s value only if this is as a consequence of his handling of the product in a manner that exceeded what was necessary or permitted.
1 U4T strives for its clients’ optimum satisfaction. In the unlikely event of a complaint, the consumer will then notify U4T of this within 7 days and, if circumstances should so arise within 2 months at most, of receiving every product (in an order), while the client will similarly notify U4T in such cases within 24 hours at most of such receipt. An appropriate solution will then be sought jointly. Notification should be made by sending an email to the address: email@example.com, stating the order number and a specification of the fault;
2 The used products, as stated on the website, are in serviceable condition. Prices are dependent on the quality, prevalence and condition of the item. Used products may show signs of use. Any faults in an item will be stated as clearly as possible. If so desired, the client and/or consumer can inspect products of interest in advance at a location to be determined by U4T;
3 Any claims under warranty and claims for repair and/or revocation will be null and void if: a) the client or consumer misses the opportunity referred to under 11.2, or b) faults in the product are not reported to U4T immediately after receipt or else not reported within at most the periods referred to in 11.1.
12 WARRANTY AND LIABILITY
1 U4T offers used products and, consequently, cannot give a lasting guarantee for the quality and performance of the used products, unless otherwise agreed/stated;
2 U4T can agree in writing per order that a six-month warranty is issued for used products and a twelve-month warranty for new products, the length of warranty decreasing if the manufacturer issues a shorter warranty period;
3 U4T attempts to give careful descriptions of the used products that it offers. U4T is not liable for any loss owing to non-conformity, unless the loss is attributable to gross negligence or intention on the part of U4T;
4 Compensation for loss is possible only in cases of normal use and does not apply to loss that goes beyond the normal risk within society of purchasing used or new products, nor does it apply to accidents, neglect, falls, or to use that is inappropriate/ heavy-handed/ abnormal/ incorrect, failure to follow the usage instructions/manual or having made adjustments to the product;
5 U4T is not liable for loss if the loss is suspected to have arisen as a result of its products having been subjected to anything other than normal use;
6 In cases of undisputed liability, and under all circumstances, U4T is not obliged to pay a sum for loss greater than the original purchase price of delivered products paid in full. In all cases, U4T may suspend its obligations for as long as the client and/or consumer continue to leave U4T’s invoices unpaid or not paid in full.
13 APPLICABLE LAW AND COMPETENT COURT
Dutch law applies exclusively to all rights, obligations, offers, orders and agreements to which these GTC apply. All disputes between U4T and clients will be submitted to the competent court in that regard at the North Netherlands Court (Rechtbank Noord-Nederland) in Assen.
14 INTELLECTUAL PROPERTY
Visitors, clients and consumers acknowledge that all intellectual property rights deriving from the information, images, communications or other means of expression represented in relation to the products and/or in relation to the website or its promotion are vested in U4T or other entitled parties, and these rights may not be used without the written consent of U4T.