Terms and Conditions

Table of contents:

Article 1 - Definitions

Article 2 - Identity of Hardware 

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Obligations of the consumer during the reflection period referred to in Article 6

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

Article 9 - Obligations of the entrepreneur in case of withdrawal

Article 10 - Exclusion of right of withdrawal

Article 11 - The price

Article 12 - Compliance and extra guarantee

Article 13 - Delivery and implementation

Article 14 - Duration transactions: cancellation

Article 15 - Exigibility and termination

Article 16 - Payment customer as consumer

Article 17 - Payment customer as non-consumer

Article 18 - Force majeure – unforeseen circumstances

Article 19 - Consumer complaints procedure

Article 20 - Non-consumer complaints procedure

Article 21 - Liability

Article 22 - Disputes

Article 23 - Additional or deviating provisions

 

 

Article 1 - Definitions

In these conditions the following terms have the following meanings:

  1. Additional agreement:

an agreement whereby the customer acquires products and / or services in connection with a distance contract and these goods and / or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;

  1. Reflection time:

the period within which the consumer can make use of his right of withdrawal;

  1. Consumer:

the natural person who is not acting for purposes related to his trade, business, craft or profession;

  1. Day:

calendar day;

  1. Duration agreement:

an agreement that extends to the regular delivery of goods and / or services during a certain period;

  1. Durable data carrier:

any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;

7. Right of withdrawal:

the possibility of the consumer to cancel the distance contract within the cooling-off period;

  1. Customer:

both a consumer and a non-consumer;

  1. Model withdrawal form:

the European model form for withdrawal included in Appendix I of these conditions;

  1. Customer as non-consumer:

the natural or legal person who acts for purposes related to his trade, business, craft or professional activity;

  1. Entrepreneur:

the legal person who offers products and / or services to consumers from a distance;

  1. Distance contract:

an agreement that is concluded between the entrepreneur and the consumer in the context of an organized system for distance sales of products and / or services, whereby up to and including the conclusion of the agreement, exclusively or partly use is made of one or more techniques for remote communication;

  1. Technology for remote communication:

means that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same room at the same time.

 

Article 2 - Identity of Hardware.nl

Name: Internet media B.V., with its registered office in Varsseveld

Visiting address: Dames Jolinkweg 60 7051 DL Varsseveld

Telephone number: +31 (0) 341 - 674190

E-mail address: shop@hardware.nl

Chamber of Commerce number: 34152427

VAT identification number: NL8100.45.485.B01

 

Article 3 - Applicability

  1. These general terms and conditions apply to any offer from the entrepreneur and to any distance contract concluded between the entrepreneur and the customer.
  2. The general terms and conditions contain provisions for both non-consumers and consumers, whereby the following applies:

provisions with a general application and which do not explicitly refer to a customer, a consumer or a non-consumer, apply to both non-consumers and consumers;

  • provisions expressly referring to "consumer" only apply to consumers;
  • provisions expressly referring to "non-consumer" only apply to non-consumers;
  • provisions referring to "customer" apply to both non-consumers and consumers.
  1. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the customer.

    4. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the customer electronically in such a way that they are customer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the customer.

 

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable the customer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer are not binding for the entrepreneur.
  3. Each offer contains such information that it is clear to the customer what rights and obligations are attached to accepting the offer.

 

Article 5 - The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the customer of the offer and compliance with the corresponding conditions.
  2. If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the customer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can - within legal frameworks - inform himself whether the customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, with reasons, or to attach special conditions to the implementation.
  5. At the latest upon delivery of the product and / or service to the customer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable medium:

- the visiting address of the business location of the entrepreneur where the customer can go with complaints;

- the conditions under which and the way in which a consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

- information about guarantees and existing service after purchase;

- the price, including all taxes of the product, and / or service; insofar as applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;

- the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;

- if the consumer has a right of withdrawal, the model withdrawal form

  1. In the event of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

 

Article 6 - Right of withdrawal

With products

  1. A consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).
  2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:

- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.

- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;

- in the case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

With services

  1. The consumer can dissolve a service agreement for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).
  2. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended reflection period for products, services when not informing about the right of withdrawal:

  1. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the reflection period will expire twelve months and two weeks after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
  2. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

 

Article 7 - Obligations of the consumer during the reflection period referred to in Article 6

  1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
  2. The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for a decrease in value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

 

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
  3. The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
  6. If the consumer withdraws after having first explicitly requested that the provision of the service commence during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that was fulfilled by the entrepreneur at the time of revocation, compared to full compliance with the commitment.
  7. The consumer does not bear any costs for the performance of services if:

 

- the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in the event of withdrawal or the model withdrawal form, or;

- the consumer has not explicitly requested the start of the performance of the service during the reflection period.

 

If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

 

Article 9 - Obligations of the entrepreneur in case of withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
  2. The entrepreneur will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
  3. The entrepreneur uses the same means of payment that the consumer has used for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.

 

Article 10 - Exclusion of right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement:

  1. Products or services whose price is dependent on fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the withdrawal period.
  2. Service contracts, after full performance of the service, but only if:

- the performance has begun with the express prior consent of the consumer; and

- the consumer has stated that he will lose his right of withdrawal as soon as the entrepreneur has fully performed the agreement;

o Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;

o Products that, by their nature, are irrevocably mixed with other products after delivery;

o Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;

 

Article 11 - The price

  1. During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
  3. Price increases within 3 months after 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 agreement are only permitted if the entrepreneur has stipulated this and:

- they are the result of statutory regulations or provisions; or

- the customer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

The prices stated in the offer of products or services are exclusive of VAT, unless explicitly stated otherwise.

 

Article 12 - Fulfilment of the agreement and extra guarantee

  1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal requirements existing on the date of the conclusion of the agreement. provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer to a consumer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfil his obligations. part of the agreement. An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfil his part of the agreement .

 

Article 13 - Delivery and implementation

  1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the customer has made known to the entrepreneur.
  3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously, but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the customer will receive this within 30 days after he has placed the order message. In that case, the customer has the right to terminate the agreement without costs.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the customer has paid.
  5. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the customer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
  6. The entrepreneur reserves the right to change its product range, which may mean that certain products are removed from the range or replaced by equivalent products with slightly different specifications.

 

Article 14 - Duration transactions: cancellation

  1. Both the entrepreneur and the customer can terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products or services, at any time in writing (including by e-mail) with due observance of a notice period of one month.
  2. Both the entrepreneur and the customer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products or services, at any time by the end of the specified period in writing (including by e-mail) with due observance. of a notice period of one month.



Article 15 - Exigibility and termination

When:

- bankruptcy or suspension of payment of the customer has been applied for;

- attachment is levied on the customer's property or claims

- the non-consumer is dissolved or liquidated;

- the consumer makes a request to be admitted to statutory debt rescheduling, is placed under guardianship or has died;

everything the customer owes or will owe to the entrepreneur is immediately due and payable.

 

In case of one of the circumstances referred to in paragraph 1 of this article, the entrepreneur also has the right to terminate the agreement with the customer with immediate effect, without prejudice to the entrepreneur's rights to compensation.



Article 16 - Payment customer as consumer

  1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
  2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  3. If the consumer does not fulfil his payment obligation (s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to still fulfil his payment obligations, after non-payment within this 14-day period, the statutory interest is due on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40.


    Article 17 - Payment customer as non-consumer
  4. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the non-consumer must be paid within 14 days after the invoice date.
  5. The non-consumer undertakes to provide security at the first request of the entrepreneur for the fulfilment of the obligations of the non-consumer in the form desired by the entrepreneur and of the size desired by the entrepreneur.
  6. The payments made by the non-consumer always serve in the first place to settle all interest and costs owed and then to settle due and payable invoices that have been outstanding the longest, even if the non-consumer states that the payment relates to a later invoice. . If an order is executed in parts, the entrepreneur has the right to invoice each part separately.
  7. The non-consumer is not entitled to set off amounts owed by him to the entrepreneur against amounts to be claimed by him from the entrepreneur or to suspend payment thereof, unless the entrepreneur has explicitly given permission for setoff or suspension.
  8. If the payment term used by the entrepreneur is exceeded, the non-consumer is in default by operation of law and owes default interest to the entrepreneur. The interest is 12% per year, but is equal to the statutory commercial interest if this is higher.
  9. In addition to the default interest referred to in paragraph 5, the non-consumer owes the entrepreneur all extrajudicial costs incurred by the entrepreneur with the aim of obtaining payment out of court. The extrajudicial costs are set at 15% of the amount due with a minimum of € 250 ex VAT.

 

Article 18 - Force majeure

  1. Force majeure within the meaning of this article is understood to mean circumstances that prevent the fulfilment of the obligation of the entrepreneur in whole or in part, and that cannot be attributed to the entrepreneur. This includes strikes, fires and other disruptions in the business of the entrepreneur or his suppliers, government measures and non-performance of suppliers.
  2. The entrepreneur will inform the customer of the force majeure situation as soon as possible. Until the period in which compliance with the obligations by the entrepreneur is not possible due to force majeure lasts longer than one month, the entrepreneur and the customer are not authorized to dissolve the agreement. After that, both the entrepreneur and the customer can proceed to a written dissolution (including by e-mail) without there being an obligation to pay compensation in that case.

 

Article 19 - Consumer complaints procedure

  1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure. 2. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
  2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

 

Article 20 - Non-consumer complaints procedure
1. The entrepreneur has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.

  1. Upon receipt of the products and / or services delivered by the entrepreneur, the non-consumer must determine whether the products are in good condition and without defects. If this is not the case, the non-consumer must inform the entrepreneur of this in writing (including by e-mail) within 7 days of receipt. Damage that has arisen as a result of the delivery must be reported immediately (within 24 hours) to the carrier and the entrepreneur.
  2. Complaints about non-visible defects must be submitted fully and clearly described to the entrepreneur within 14 days after the non-consumer has discovered the defects.
  3. The non-consumer cannot invoke a defect in the performance of the entrepreneur if he has not complained about this to the entrepreneur within the periods referred to in this article.
  4. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication when the non-consumer can expect a more detailed answer.

 

Article 21 - Liability

  1. In the event of an attributable shortcoming, the entrepreneur must be given the opportunity by the customer to still fulfill its contractual obligations.
  2. The entrepreneur's obligation to pay compensation, on whatever legal basis, is limited to damage for which the entrepreneur is insured under an insurance policy taken out by or on behalf of it, but is never higher than the amount stated the case in question is paid out by this insurance, plus the deductible.
  3. If, for whatever reason, the entrepreneur cannot invoke the limitation of this article, the obligation to pay compensation in the event of liability is limited to a maximum of 15% of the value of the agreement concerned.
  4. Indirect damage (including, inter alia, consequential damage and loss of profit) is not eligible for compensation.
  5. A claim for compensation lapses if it is not brought before the competent court within one year after the damage was discovered or could reasonably have been discovered, unless it concerns a claim from a consumer.



Article 22 - Disputes

  1. Agreements between the entrepreneur and the customer to which these general terms and conditions apply are exclusively governed by Dutch law.
  2. Disputes between the entrepreneur and the customer will be settled exclusively by the court of Overijssel, location Zwolle.

 

Article 23 - Additional or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and will be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.