TJ Computerservice · Nuland
Terms and conditions
General General terms and conditions are often rightly seen as 'difficult small print'. In these terms we therefore try to use understandable language about matters such as price, delivery time, payment dates and precisely what is supplied. Because not everyone knows the statutory rules applicable to a purchase agreement, we begin with a brief explanation of your legal rights as a buyer.
The person supplying a product or service to you (for convenience called the 'seller' in these terms) is legally required to supply something with the characteristics a buyer may expect under the purchase agreement made with the seller. This is called conformity. The type of product and statements made by the seller, for example about special characteristics, are relevant. For clarity, it is advisable to record such matters separately in writing. The buyer may also rely on the manufacturer's advertising statements unless the seller has expressly indicated disagreement with those claims. For completeness, we have included a conformity statement in Article 7.
If the product does not have the characteristics reasonably expected under the purchase agreement, the buyer may, in addition to all other statutory rights, such as deferring payment, require the seller to: - deliver anything missing; - remedy defects, unless this is impossible or cannot reasonably be required of the seller; or - replace the product, unless this is impossible or cannot reasonably be required of the seller. The seller may refuse repair or replacement if its costs are disproportionate to other reasonable solutions, such as reducing the purchase price or refunding it and compensating any loss suffered.
Identity of the contractor Name: TJ Computerservice Trading as: TJ Computerservice Business address: Ploeg 5 5391CR Nuland Telephone: 06 - 55 36 38 72 Email: [email protected] VAT number: NL001739303B12 Chamber of Commerce number: 17228602
Article 1. All agreements in writing We aim to record our agreements about price, the characteristics of products to be supplied, delivery time, payment dates and similar matters in writing wherever possible. Additional agreements, for example about hardware and software supplied with a PC or notebook in addition to or instead of a standard configuration, are also recorded in writing. Agreements concerning repairs are likewise recorded in writing.
Article 2. The offer If our offer and its price have a limited validity period or are subject to conditions, this will be stated in the offer. Product offers apply while stocks last. We will describe the products and services offered so that you, as a consumer, can assess them properly. Images accompanying an offer are accurate; if this is not possible, we will state this. For digital products, the offer will state whether the products are protected. Where possible and applicable, the offer states which hardware or software the products or services offered, such as software, are suitable for.
Article 3. Price Our prices include VAT and exclude additional costs such as shipping and delivery costs and levies such as disposal or copying levies. These will be stated in good time before the agreement is concluded. During the offer's validity period, prices for the products and services offered will not increase, except as a result of statutory measures, such as an increase in the VAT rate. If a price increase takes effect three months or more after we concluded the agreement with you, you may terminate that agreement with effect from the date of the increase. An exception applies to prices affected by financial market fluctuations beyond our control. We may offer variable prices in that case, but will state in the offer that these are indicative prices subject to financial market fluctuations.
Article 4. Payment We offer several payment methods, which may change from time to time. We provide an invoice upon payment. Like you, we have payment obligations. Deferring your payment causes us costs. Where legally permitted, we may charge you for the loss this causes us, including lost interest and reasonable costs of collecting the outstanding amount.
Article 5. Delivery and performance We naturally aim to deliver no later than the agreed time. Delivery will take place as soon as possible and within 30 days, unless a shorter or longer period has been agreed. If delivery is nevertheless late and this is not due to force majeure, you as buyer may defer payment until delivery if payment on delivery was agreed. If you wish, you may terminate the purchase agreement in full or in part for late delivery, unless the seriousness of the delay does not justify this. Delivery takes place at the address you supplied. If delivery is delayed or an order or service cannot be performed, or can only be performed in part, you will be notified as soon as possible and no later than 30 days after concluding the purchase agreement. After that period you may terminate the agreement free of charge and may be entitled to compensation. Following termination, we will refund the amount you paid as soon as possible and within 14 days of termination. If delivery of a separately ordered product proves impossible, we will try to supply a replacement item. This will be clearly and understandably communicated no later than delivery. For a distance purchase, see Article 10, you may still exercise your right of withdrawal. We will cover the return shipping costs in that case. We bear the risk of damage to and/or loss of products until delivery to you or a third party designated by you, unless you selected a delivery method that we do not normally offer.
Article 6. Warranty All our new products have a full warranty of at least one year. Batteries are excluded and may have a different warranty period. Manufacturers or importers may offer their own warranties for products or particular components, such as the hard disk. You may also contact us to claim under such a warranty. As the seller, we remain your point of contact at all times. A warranty does not prejudice your statutory rights. Please note: warranty rights may be forfeited if you alter supplied products yourself, including hardware or software.
Article 7. Conformity We warrant that our products and services comply with the purchase agreement, the specifications stated in our offer, reasonable requirements of soundness and usability, and statutory provisions and government regulations in force on the date the purchase agreement is concluded.
Article 8. Privacy rules We attach great importance to a clear and transparent privacy policy. The following rules apply: - Only personal data necessary to maintain and improve our service to the customer are collected. - Your personal data are processed, stored and managed in accordance with applicable privacy legislation. - All other information seen by our employees, such as documents and emails, is treated as strictly confidential. Exceptions apply where the law requires us to provide data to competent authorities. As a consumer, you have the right to access your personal data. We will send these data within two weeks of your access request. At your request, we will amend or delete your data if necessary and if no statutory provision requires their retention. Our privacy statement explains which data we receive from you, how we collect them and why.
Article 9. Retention of title We retain ownership until the purchase has been paid in full. Our repair orders describe the items you submit for repair as clearly as possible, so that your ownership rights are not jeopardised if the repair business becomes bankrupt while your items are there.
Article 10. Distance purchases Special additional rules apply to a distance agreement, commonly called a distance purchase, such as an order from an online shop. We have set them out separately in this article. A distance purchase is a purchase agreement without direct contact between seller and consumer: in everyday language, without both being in the same room. It therefore includes not only online purchases but also orders by telephone or in writing. The main feature is that the consumer has a cooling-off period of 14 days, starting the day after delivery, in which to cancel the purchase. During that period the consumer may exercise the right of withdrawal, the right to terminate the purchase.
Article 10a. Information The information provided before purchase enables you to assess the offer properly, for example through images accurately representing the products. The information is clear, understandable, and easy and quick to find on our website in good time before the agreement is concluded. You will also receive clear information about your rights and obligations, such as: - The total price payable, including all additional costs, such as any private copying levy or delivery costs. - How the agreement is concluded. - Whether the right of withdrawal applies, how to exercise it, the model withdrawal form, and who bears which costs if it is exercised. - Payment, delivery or performance arrangements. - The period for which the price or opportunity to accept the offer remains valid. - Charges for contacting us if these differ from the basic rate. If you are already a customer and contact us about an existing agreement, the rate will never exceed the basic rate. - Access to the data we have stored about you. - The minimum duration of a distance agreement for continuous or periodic delivery of products or services. The total price and total costs per billing period will also be stated. If such an agreement has a fixed rate, the total price includes the total monthly costs. You will additionally receive: - Our visiting address, where complaints may be submitted. - How to exercise your right of withdrawal. - Information about existing after-sales service and warranties. - The details mentioned above in Article 10a and under Identity. - The conditions for terminating the agreement. This information must likewise be clear, understandable, and easy and quick to find on our website before the agreement is concluded. After the agreement is concluded, and no later than delivery of the product or service, you as buyer receive all information mentioned in Article 10a in a form you can easily store on what the law calls a durable medium. A durable medium preserves information so you can read it again later, such as a CD, PDF file or printable document. Email also qualifies. If you already received the information in this form before concluding the agreement, that is sufficient and it need not be provided again.
Article 10b. Formation, confirmation and security An agreement is formed through offer and acceptance. This means one party offers something at a certain price, for example 'this laptop costs €350.00', and the other agrees. You place an order and accept the offer by completing the ordering process and activating the final order button. Once you place an order, we send a confirmation by email, text message or another method. Until this has happened, you may cancel the purchase by terminating the agreement. If you order online, we secure the exchanged data and provide a secure web environment.
Article 10c. Cooling-off period for delivery of products: right of withdrawal 1. When purchasing products, you as a consumer have a cooling-off period of 14 days. It begins the day after you receive the product or it is received on your behalf. Alternatively: - If you order several products in one order, the day on which you or a third party designated by you receives the final product in that order. - If a product is delivered in several shipments or parts, the day on which you or a third party designated by you receives the final shipment or part. - For agreements for regular delivery of products over a specified period, such as a monthly magazine, the day on which you or a third party designated by you receives the first product. During this period you may terminate the agreement without giving a reason. You can use the model withdrawal form or tell us in another clear way that you are terminating the agreement. If you notify us online, we will confirm receipt. You must return the products within 14 days after withdrawal. This is called the right of withdrawal. During the cooling-off period you must handle the product and packaging carefully. This means unpacking or using it only as necessary to assess whether you wish to keep it. If you exercise your right of withdrawal, return the product to us with all supplied accessories and, where reasonably possible, in its original condition and packaging. We will provide clear instructions. You are only liable for diminished value resulting from handling beyond what is permitted in paragraph 2. We may deduct that diminished value from your refund. If you exercise your right of withdrawal, you need pay no more than the return shipping costs. If return by ordinary post is not possible, we will estimate those costs for you. If we cover the return costs, we will state this clearly. We will refund all other costs already paid as soon as possible and no later than 14 days after withdrawal. We may withhold repayment until we have received the products or you have shown that you returned them. If you selected a delivery method more expensive than the cheapest standard delivery, we do not have to refund the additional costs of the more expensive method.
Article 10d. Cooling-off period for services and digital products For services and agreements to supply digital content not supplied on a tangible medium, you as a consumer have a cooling-off period of 14 days from the date the agreement is concluded. During that period you may terminate the agreement without giving a reason. This is called the right of withdrawal. Our offer, or no later than delivery, will clearly explain how you can exercise this right. You may use the model withdrawal form or tell us in another clear way that you are terminating the agreement. If you notify us online, we will confirm receipt. If you withdraw from a service after first expressly asking us to begin during the cooling-off period, we may charge an amount proportionate to the part of the agreement we have already performed or supplied.
Article 10e. Exclusion of the right of withdrawal Sometimes you as a consumer have no right of withdrawal, but we must state this clearly before the agreement is concluded. This includes: - Products or services whose prices are subject to financial market fluctuations beyond our control that may occur during the withdrawal period. - Agreements concluded at a public auction. Products purchased through an internet auction are generally not included in this exception; the right of withdrawal does apply to them. - Services supplied, but only if performance began with your express prior consent and you declared that you would lose your right of withdrawal once we fully performed the agreement within the cooling-off period. - Products made to your specifications that are not prefabricated and are manufactured on the basis of your individual choice or decision, or are clearly intended for a specific person. - Products that spoil quickly or have a limited shelf life. - Sealed products unsuitable for return for health protection or hygiene reasons whose seal has been broken after delivery. - Products that, by their nature, are irreversibly mixed with other products after delivery. - Sealed audio recordings, video recordings and computer software whose seal has been broken after delivery. - Individual newspapers, journals or magazines, excluding subscriptions. - Digital content supplied other than on a tangible medium, but only if performance began with your express prior consent and you declared that you would thereby lose your right of withdrawal.
Article 10f. Payment For every consumer purchase, general terms and conditions may never require advance payment of more than 50%. Unless otherwise agreed, the buyer pays the purchase price or its remainder upon or after delivery of the order.
Article 10g. Cancellation An order may be cancelled free of charge if it has not yet been dispatched, except for products and/or services excluded from the right of withdrawal.
Article 11. Complaints and complaint period Because we want to provide our customers with optimal service, we consider it important to hear about any complaints about our service. Please report them as soon as possible, including to limit any damage. Under the law, a complaint is reported in time if made within two months of discovery. This also applies if the purchased product lacks the characteristics you could expect under the purchase agreement. It is in your interests to make complaints in writing. If you submit a complaint, we will respond within 14 days. If we need more time, we will tell you within 14 days when to expect a response.
