Terms and Conditions

General terms and conditions for delivery to consumers

BY:

– E-Trend Computers & IT / e-trend.nl
– Kanaalstraat 223
established and having its office in Utrecht

hereinafter referred to as: user

 

Article 1. Definitions

In these general terms and conditions, the following is understood as:
‘user’: the user of the general terms and conditions in this case of E-Trend Computers & IT / e-trend.nl
'consumer': a party that can be either a natural person or a legal entity and is the ultimate user of the ordered goods.
'consumer purchase': the purchase concerning a movable property, which is concluded by a seller acting in the exercise of a profession or business, and a buyer, a natural person or legal entity.

 

Article 2. Applicability of these terms and conditions

1. These terms apply to every offer and every agreement between the user and a consumer to which the user has declared these terms applicable, unless the parties have expressly and in writing deviated from these terms.
   2. The present conditions also apply to agreements with the user, for the execution of which third parties need to be involved.
   3. The applicability of any general specific conditions or provisions of the consumer is expressly rejected by the user.

 

Article 3. Offers/ Proposals/ Formation of the agreement/ Specification and description of products

1. An offer or (price) quotation does not bind the user and is only considered an invitation to place an order, unless expressly stated otherwise.
   2. The user cannot be held to their offer/quotation if the consumer should have understood that the offer/quotation or a part thereof contains an obvious mistake or typo.
   3. An agreement is only established if and to the extent that the user accepts an order in writing or the user executes an order.
   4. All statements made by the user regarding numbers, specifications, and/or other designations of the products have been made with the utmost accuracy; however, the user cannot guarantee that no deviations will occur in this regard.
   5. The user reserves the right to refuse orders or assignments without giving reasons or to accept them only on the condition that the order is confirmed in advance by the consumer by registered letter and/or that the shipment is made cash on delivery or after prepayment.

 

Article 4. Delivery

1. "Unless otherwise agreed, delivery takes place from the user's warehouse in Utrecht and the user determines the method of shipment."
   2. The consumer is obliged to accept the purchased goods at the moment they are delivered to him or at the moment they are made available to him according to the agreement.
   3. If the consumer refuses to accept the delivery or is negligent in providing information or instructions necessary for the delivery, he will be in default without any notice of default, and the items will be stored at the consumer's expense and risk or sold to a third party. In any case, the consumer will owe the previously agreed purchase amount plus any additional costs, however, in a case of sale to that third party, reduced by the proceeds from that sale.
   4. The user has the right to deliver in parts at all times.

 

Article 5. Delivery time

1. The delivery times specified by the user are approximate and are not fatal deadlines, but the final delivery time will not exceed one week, except in cases of force majeure.
   2. In case of late delivery, the consumer user must formally notify the user in writing and set a reasonable deadline for the user to fulfill their obligations.
   3. In case of exceeding the delivery period, the consumer has no right to any compensation in this regard.
   4. If the user requires data or tools for the execution of the agreement that must be provided by the consumer, the delivery period will never commence earlier than on the day that all necessary data or tools are in the possession of the user.

 

Article 6. Technical requirements etc.

"If the articles to be delivered in the Netherlands are to be used outside the Netherlands, the user is responsible for ensuring that the goods to be delivered comply with the technical requirements or standards set by the laws or regulations of the country where the goods are to be used, but only if this has been expressly mentioned at the time of concluding the purchase for use abroad."

 

Article 7a Guarantee

1. "User guarantees that the goods sold by her are free from material, design, and manufacturing defects for a period of at least 12 months after delivery and for a maximum period as guaranteed by the manufacturer of the respective item."
   2. If the warranty mentioned in paragraph 1 applies and the delivered goods show a defect, the user is obliged to repair the goods within 30 days after the consumer has reported the defect to him in writing.
   3. The user can choose to replace, repair, or credit the items.
   4. The consumer can only demand replacement of the goods or dissolution of the purchase agreement if within the warranty period:
   – the user has made two unsuccessful attempts to remedy the same defect and this defect is serious enough to justify replacement or dissolution;
   – if the consumer demonstrates that the goods exhibit or have exhibited so many defects that they do not conform to the agreement and that these defects justify replacement or dissolution;
   5. The warranty is void if the consumer causes damage due to improper handling of a guaranteed item.
   6. The consumer must demonstrate that the item shows a defect covered by this warranty within the warranty period. The warranty is void if the type or serial number of an item has been removed or altered.

Article 7b Return Guarantee

1. The consumer has the right to return the delivered products purchased from our online shop without giving any reason within 14 working days after receipt to the user. The user will then refund the consumer the received (purchase) amount minus the subsequently reported and thus determined costs of the return fee, under the following conditions:

- Concerns only the products purchased online by individuals 
– Products have not been purchased for business or professional use.

- Products are in accordance with the suppliers' applicable guidelines regarding maintenance and software updates.

- Products are not manufactured at the request of the consumer, based on an extra option that has been added to a product (individual choice or decision of the consumer).

– The relevant products must be described in the relevant message as items for which the return guarantee applies.
– Software whose packaging seal is broken will not be accepted for return.
– No changes may have been made to the delivered item and the delivered item must be in an undamaged condition. All accompanying documentation, warranty certificates, and packaging materials must be included with the return shipment.
– The return shipment must be in the possession of the user no later than the 18th day after the consumer has received the delivered goods.
– The costs of postage for the return shipment are for the consumer.
– Any copies or adaptations or translations made for personal use or otherwise of the delivered items – including but not limited to diskettes, electronic materials, manuals, and documentation must be included with the return shipment or must have been destroyed or erased at the time of shipment.
– This return applies otherwise as a suspensive condition and not as a "buyback" – scheme.

 Article 7b Refund Procedure

'In case of cancellation of an order via our online shop and the resulting refund, the following procedures will be followed:'

1. Processing Time for Refunds: After processing the cancellation, the user aims to execute the refund as quickly as possible. The refund will be made via the original payment method used. Although the refund is usually credited to the consumer within 10 business days, the processing time may vary depending on the consumer's bank. Some banks may take longer to process, causing the refund to appear as a pending balance until the transaction is fully processed.

2. Assistance with Tracing Refunds: If the consumer has not received the refund after the expected processing time, the user provides the Acquirer Reference Number (ARN) to the consumer. This number, which can be found in the order timeline under the refund details, can be used by the consumer's bank to trace the transaction.

The user agrees to make all reasonable efforts to ensure that refunds are processed efficiently and in a timely manner, but is not responsible for delays caused by banks or the payment system.

Article 8. Retention of title

1. The user remains the full owner of an item sold by her until the purchase price has been fully paid.
   2. If and as long as the user is the owner of the products, the consumer will immediately inform the user when the products are (threatened to be) seized or otherwise claimed (any part of) the products. Furthermore, the consumer will inform the user at the user's first request where the products are located.
   3. In the event of seizure, (provisional) suspension of payments, or bankruptcy, the consumer shall immediately inform the seizing bailiff, the administrator, or the curator of the (ownership) rights of the user. The consumer guarantees that any seizure of the products will be lifted immediately.

 

Article 9 Repairs, Data

E-trend is not responsible, nor liable for any potential loss of personal data. Hardware must be delivered without personal data (without a data disk in the case of a laptop or PC), factory settings in the case of a tablet or smartphone.

 

Article 10. Defects; complaint periods

1. The consumer must inspect the purchased goods upon delivery – or as soon as possible thereafter – to (have them) examined. In this context, the consumer must check whether the delivered item corresponds to the agreement, namely:
   – or the right matter has been delivered;
   – of the delivered item meets the agreed quality requirements or – if these are absent – meets the requirements that may be imposed for normal use.
   2. If a visible defect or shortcoming is found, the consumer must report this to the user within 3 days of delivery.
   3. A non-visible defect must be reported by the consumer in writing to the user within 3 days of discovery.

 

Article 11. Prices

1. "Unless expressly stated otherwise, all prices mentioned in messages, such as catalogs, price lists, and/or quotes from the user, are expressed in EURO and exclusive of value-added tax. Unless expressly stated otherwise, the costs of packaging and shipping, as mentioned in the relevant message, as well as all other charges or taxes imposed or levied in connection with the products and their transportation, shall be borne by the consumer."
   2. Prices are based on the circumstances applicable to the user at the time of concluding the agreement, such as exchange rates, freight rates, import duties, and dealer prices. If these circumstances change after the conclusion of an agreement but before delivery, the user has the right to pass on the resulting costs to the customer.
   3. Discounts are deemed to be granted only once each time. Previously granted discounts do not bind the user in any way for a later agreement.

 

Article 12. Payment

1. "Unless otherwise agreed, payment must be made net cash. Either by prior bank transfer, by credit card, by debit transaction, or by one-time authorization."
   2. If payment is not made in cash, it must be made within the payment term specified on the invoice.
   3. All amounts charged to the consumer must be paid in full without any discount or deduction. The consumer is not entitled to set off, and the consumer does not have the right to suspend any payment obligation towards the user.
   4. After the expiration of 10 days from the invoice date, the consumer is automatically in default; the consumer owes interest of 1% per month on the payable amount from the moment of default, unless the statutory interest is higher, in which case the statutory interest applies.
   5. In the event of bankruptcy or suspension of payment by the consumer, the claims of the user and the obligations of the consumer towards the user shall be immediately due.

 

Article 13. Collection Costs

1. "If the consumer is in default or in breach of one or more of his obligations, all reasonable costs incurred in obtaining satisfaction out of court shall be borne by the consumer. In any case, in the event of a monetary claim, the consumer is liable for:"
   – on the first Eur 3,000,- 15%
   – on the excess up to Eur. 6,500,- 10%
   – on the excess up to Eur. 15,000,- 8%
   – on the excess up to Eur. 65,000,- 5%
   – on the excess 3%
2. "If the user demonstrates that they have incurred higher costs that were reasonably necessary, these will also be eligible for reimbursement."

 

Article 14. Liability and Indemnity.

1. The liability of the user is limited to the redelivery of the relevant item or the refund of the purchase price.
   2. The user is not liable, either under the law or from the agreement, for so-called consequential damages that the customer or a third party may suffer in connection with (the use of) the products. This includes loss of profit, business damage, loss of data, and intangible damage.
   3. For defects in delivered goods, liability is governed by the provisions set out in articles 7a & 7b of these terms.
   4. The above limitations do not apply if the damage is due to intent and/or gross negligence and/or culpable actions of the user or its subordinates.

 

Article 15. Force Majeure

1. "Force majeure" in these general terms and conditions is understood to mean, in addition to what is included in the law and jurisprudence, all external causes, whether foreseen or unforeseen, over which the user has no control, but as a result of which the user is unable to fulfill its obligations, including strikes at the user's premises.
   2. The user also has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after the user was supposed to fulfill their obligation.
   3. During force majeure, the delivery and other obligations of the user are suspended. If the period during which the user is unable to fulfill the obligations due to force majeure lasts longer than 2 weeks, both parties are entitled to terminate the agreement, without any obligation for compensation in that case.
   4. If the user has already partially fulfilled its obligations at the onset of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or deliverable part separately, and the consumer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.

 

Article 16. Product Images

Due to the extensive range and diversity of our products, all product photos are NOT of the actual product but of the original product. All product photos are available upon request.

 

Article 17. Dispute Resolution

"The court in the user's place of residence has exclusive jurisdiction to take cognizance of disputes, unless the sub-district court is competent. Nevertheless, the user remains entitled to summon the consumer before the court competent according to the law or treaty."

 

Article 18. Applicable law

"Dutch law applies to every agreement between the user and the consumer. The Vienna Sales Convention is expressly excluded."