Terms and Conditions
- Quotations + advice
- Constitution of the agreement
- Delivery times
- Retention of title and pledge
- Limitation of liability
- Non-attributable shortcomings
- Consumer sale
- Applicable law/competent court
1.1. In these terms and conditions, TP Estore B.V. , established in Utrecht, referred to as TP Estore B.V. and its contract partner as customer.
1.2. These general terms and conditions apply to all quotations from and agreements with TP Estore B.V..
1.3. In addition to these general terms and conditions, TP Estore B.V. apply additional conditions that apply specifically to the type of transaction or nature of the work. The additional terms and conditions are part of these terms and conditions.
1.4. A customer who, in accordance with these general terms and conditions, TP Estore B.V. has contracted, is deemed to have subsequently tacitly agreed to the applicability of these general terms and conditions, if any, orally, in writing, by telephone or by telex.
2. Quotations + advice
2.1. Quotations and advice are without obligation, unless stated otherwise in the quotation or in the advice.
2.2. The price lists and price indications of TP Estore B.V. are not a quote.
3. Conclusion of the agreement
3.1. Agreements are only concluded after an order from TP Estore B.V. has been assessed for feasibility. TP Estore B.V. has the right not to accept orders or assignments without stating reasons or to accept them only on the condition that the shipment takes place cash on delivery or after payment in advance, in which case the customer will be informed accordingly.
4.1. All images, drawings, data regarding weights, dimensions, colours, etc. included in price lists and brochures are only approximate and cannot give rise to compensation and/or dissolution.< /p>
4.2. All by or on behalf of TP Estore B.V. designs, images, etc. as referred to in paragraph 1 remain the property of TP Estore B.V. and may not be copied or otherwise reproduced, nor shown to third parties or used in any way without express written permission.
4.3. The customer is obliged to provide this information to TP Estore B.V. on first request. to be returned on pain of a fine for the benefit of TP Estore B.V. of EUR 600 per day, for each day that the contractor is in default.
5.1. The business of TP Estore B.V. are delivered at the prices applicable on the date of shipment from the warehouse of TP Estore B.V.. The services of TP Estore B.V. be performed at the price that TP Estore B.V. after providing the services in the usual manner.
5.2. For orders below a certain net value, a shipping and handling fee may be charged. The costs for expedited shipping will only be borne by the customer if he has requested such a shipping method.
5.3. All prices include 21% VAT.
6.1. Unless otherwise agreed in writing, TP Estore B.V. the method of shipment. In case TP Estore B.V. has chosen the method of shipment, the goods travel at the risk of TP Estore B.V.the risk of the goods is transferred from the moment the goods are offered for receipt at the specified address.
7. Delivery times
7.1. The delivery period starts when all technical details have been agreed upon and after all data and drawings necessary for the execution of the agreement are in the possession of TP Estore B.V.</p >
7.2. Specified delivery times are deemed to be approximate.
7.3. The agreed delivery terms do not mean that TP Estore B.V. is legally in default after this has expired, but a further written notice of default is always required, whereby TP Estore B.V. a period of at least 14 days will be granted to fulfill its obligations.
7.4. Exceeding a delivery term never entitles the customer to any compensation, to dissolution of the agreement or any other action against TP Estore B.V.. This is only different in case of intent or gross debt of TP Estore B.V. or its managerial staff or if the delivery period is exceeded by more than three months. In that case, the customer has the right to dissolve the agreement, but without being able to claim any compensation.
8.1. Unless otherwise agreed in writing, payment must be made in cash upon actual delivery of the goods or after the performance of the agreed services.
8.2. Payments made by the customer always serve to settle the interest and costs owed and subsequently the longest outstanding due and payable invoices, even if the customer states that the payment relates to a later invoice .
8.3. If the customer has not paid the invoice in cash on the due date, interest is payable to TP Estore B.V. without prior notice of default. payable of 1.5% of the outstanding amount per month, whereby a month that has started is counted as a whole.
8.4. If the customer has not paid the amount owed by him within the set term and TP Estore B.V. has proceeded to collect the claim by judicial or other means, the customer is obliged to TP Estore B.V. a fee to be paid for the associated costs in accordance with the collection rate of the Dutch Bar Association, but with a minimum of EUR. 125-- per invoice.
8.5. Late payment will result in TP Estore B.V. the right on its part to suspend or dissolve its performance pursuant to the present and/or other agreements with the customer, without the customer being entitled to compensation or dissolution of the agreement and without prejudice to the right of any loss, loss of profit and further consequential damages.
8.6. TP Estore B.V. is at all times entitled to demand that the customer provides sufficient security for the payment of the amounts paid by TP Estore B.V. services to be performed, all this in a manner provided by TP Estore B.V. manner to be indicated.
8.7. The customer is not allowed to apply settlement.
8.8. Complaints and/or warranty claims that have been processed do not entitle you to postponement or partial payment.
8.9. TP Estore B.V. does not have a current account relationship with any of its customers.
9. Retention of title and right of pledge
9.1. The ownership of the delivered goods is transferred by TP Estore B.V. expressly reserved until full payment, including the reimbursement of all costs and interest, also of earlier and later deliveries and services rendered, as well as claims for damages due to failure to perform, has been made.
9.2. TP Estore B.V. TP Estore B.V. in accordance with the provisions under 1 provides the customer with the ownership of the aforementioned goods at the moment that the customer has fulfilled all his obligations, but subject to the right of pledge of TP Estore B.V. for other claims that TP Estore B.V. has on the customer. At TP Estore B.V.'s first request, the customer will cooperate with actions that are required in that context, on pain of a penalty of EUR. 500,-- for each day that the customer remains negligent.
9.3. Goods or parts thereof, which are replaced pursuant to a repair order or warranty, thereby become or remain the property of TP Estore B.V. to the full satisfaction of all that TP Estore B.V. claim from the customer has taken place.
10.1. Complaints in general and complaints about invoices must be submitted within eight days after receipt of the goods or invoices, or within eight days after any defect in the goods has been discovered or should have been discovered. be sent to TP Estore B.V. in writing and with a proper description of the complaint. to be made known. After the expiry of this term, TP Estore B.V. deemed to have fulfilled its obligations correctly and it is assumed that the customer acknowledges the goods or invoices as correct.
10.2. Complaints never give the customer the right to suspend his payments.
10.3. If an advertisement by TP Estore B.V. is found to be well-founded, TP Estore B.V. the right at its option: A: to revise the invoice and change the invoice amount accordingly; B: to replace the delivered item with an item with the same specifications or to repair it, whereby the replaced items or parts are returned to TP Estore B.V. be issued; C: to take back the delivered goods and to dissolve the agreement, with a refund of the invoice amount paid by the customer without being obliged to pay any compensation.
10.4. In such a case, the customer must provide TP Estore B.V. immediately offer the opportunity to repair any defects.
10.5. Any return of goods to or from the customer is at the expense and risk of the customer. TP Estore B.V. accepts returned goods only if and insofar as it agrees to this return in writing in advance, and then only if these goods have been sent to TP Estore B.V. delivered to the address to be given in the original packaging and in the condition in which TP Estore B.V. delivered these items to the customer.
11.1. TP Estore B.V. guarantees the quality of the services it provides to the best of its knowledge and ability and for the soundness and good quality of the goods delivered by it, on the understanding that the warranty does not go beyond the provisions stated below.</ p>
11.2. The delivered goods are covered by a twelve-month warranty unless otherwise agreed in writing.
11.3. If the customer gives TP Estore B.V. has given an order for repair and has not collected the delivered item within three months of the date of delivery against payment of the amount due for examination or repair, the latter is deemed to have renounced the item returned for repair for the benefit of TP Estore B.V.. The customer will then inform TP Estore B.V. indemnify against all claims from third parties with regard to this matter.
11.4. Proven by the customer within the warranty period and submitted to TP Estore B.V. culpable errors, defects or imperfections - insofar as they fall under the guarantee referred to in this article - are for the account of TP Estore B.V. repaired, replaced or taken back as soon as possible against credit.
11.5. The customer must deliver the items eligible for replacement or repair at its own expense and risk to the location provided by TP Estore B.V. address to be provided.
11.6. For business with a company other than TP Estore B.V. The enclosed warranty certificate applies, insofar as deviating from the provisions of these terms and conditions, the provisions of these terms and conditions.
11.7. Satisfaction Guarantee:
- A: The customer can exercise his right of withdrawal within 14 days after delivery of the product without stating reasons, this only applies to private purchases. This right of withdrawal does not include software or other comparable products whose seal has been broken or software for which a binding product registration has been carried out. Only when the product and the packaging are in original, complete, undamaged and unused condition, after consultation with TP Estore B.V. be entitled to the satisfaction guarantee. All accompanying documentation, warranty certificates and packaging materials must be enclosed with the return shipment. TP Estore B.V. has the right to charge restocking costs if the product is no longer sealed and/or used. TP Estore B.V. has the right at all times to charge a minimum of â 25 administration costs.
- B: TP Estore B.V. returns no shipping and/or COD charges.
- C: Return shipments must be sent to TP Estore B.V. in advance, in writing, by fax or by e-mail. to be registered.
- D: TP Estore B.V. is never liable for any damage - including theft or loss - that occurs to the packaging or the product when it is returned arises.
- E: The costs for returning the product are for the account of the customer.
- F: If TP Estore B.V. ordered and delivered a certain product at the request of the customer, it is not possible to return it. TP Estore B.V. will make this known to the customer if this situation applies.
11.8. The customer cannot invoke the warranty conditions:
- A: if the customer has neglected the goods.
- B: if the customer has made changes to the goods or has had them made, including repairs that cannot be carried out by or on behalf of TP Estore B.V. have been performed.
- C: in the event of improper or careless use, incorrect connection, incorrect mains voltage, lightning strike, damage due to the effect of moisture or other external causes or calamities.
- D: if the device has not been maintained in the usual manner or as described in the user manual.
- E: if the device is used with unsuitable or incorrect accessories.
- F: if the customer has treated the goods negligently in any other way.
12.1. The factory or trademarks or the type or identification numbers or characters, which are used on the products supplied by TP Estore B.V. delivered goods are attached, may not be removed, damaged or changed.
13. Limitation of Liability
13.1. TP Estore B.V., nor third parties that it engages for the conclusion or execution of any agreement, are liable for any damage arising from and related to the agreement, which the customer or any third party involved in the execution of the agreement may suffer, directly or indirectly, regardless of what the cause is.
13.2. Without prejudice to the foregoing, TP Estore B.V. in any case never liable:
- A: due to non-delivery or late delivery;
- B: for information in folders, catalogues, advertising material, quotations, etc.
- C: in the event of non-attributable shortcomings (force majeure), as referred to in Article 15;
- D: if the customer itself or a third party repairs the delivered, makes changes to it, uses it for purposes other than for which it is suitable or intended, overloads the delivered and otherwise uses it improperly; li>
- E: for the property of third parties which is located in TP Estore B.V.'s business premises for repair, storage or for whatever reason;
- F: for loss of profits and/or consequential loss, arising from whatever cause; G: for damage caused by intent or gross negligence of auxiliary persons
- G: for any financial damage caused by interim price changes and/or negligence of mobile operators or ADSL providers. This also applies to current number porting, quotations and requests that TP Estore B.V. on behalf of the customer.
13.3. If TP Estore B.V. in any case, despite the above, is liable for any damage, TP Estore B.V. liability only insofar as this liability is covered by its insurance, up to the amount of the payment made by the insurance.
13.4. If the insurance does not pay out in any case, TP Estore B.V. never liable for more than the invoice amount for the relevant agreement.
13.5. The customer will accept TP Estore B.V. indemnify against all third-party claims against TP Estore B.V..
13.6. The exclusions or limitations of liability included in these terms and conditions do not apply insofar as the damage is the result of intent or gross negligence on the part of TP Estore B.V. or her managerial subordinates.
13.7. For by TP Estore B.V. advice given that ultimately turns out not to work.
14. Non-attributable shortcomings
14.1. If, after the agreement has been concluded, TP Estore B.V. cannot be fulfilled as a result of circumstances that could not reasonably have been expected at the time of the conclusion of the agreement or that TP Estore B.V. could not have been known, this applies with regard to the customer for TP Estore B.V. as a non-attributable shortcoming (force majeure).
14.2. Under circumstances as referred to under 1, in any case, a strike, government measures, delays in supply, export ban, riot, war, mobilization transport impossibilities, import barriers, negligence of suppliers and/or manufacturers of TP Estore B.V. as well as auxiliary persons, illness of personnel, defects in auxiliary or transport means, exclusions or other work disorders and events that are caused by TP Estore B.V. cannot reasonably be insured.
14.3. TP Estore B.V. has the right to suspend its obligations in the event of force majeure. TP Estore B.V. is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that the execution remains possible. Under no circumstances is TP Estore B.V. obliged to pay any fine or compensation. TP Estore B.V. retains the right to payment for the work already performed and the costs incurred.
14.4. TP Estore B.V. has no power to suspend if fulfillment is permanently impossible or if the temporary impossibility lasts longer than six months. In these cases, the agreement can be dissolved by the most diligent party, without the customer being entitled to compensation for any damage.
15.1. If the customer has fulfilled his obligations towards TP Estore B.V. does not, not timely or not properly comply, as well as if his bankruptcy has been/is applied for, he is declared bankrupt, he applies for a moratorium, or offers his creditors or part of them an arrangement or an agreement, furthermore in the event of seizure of his assets or part thereof, or for sale or liquidation, as well as in the event of death, placing under guardianship or if he otherwise loses the management or control of his company, business or part thereof, customer is in default by operation of law and any claim that TP Estore B.V. has or acquires at his expense, immediately and immediately due and payable without any notice of default being required.
15.2. In cases mentioned under 1, TP Estore B.V. the right, without any notice of default, on its part to suspend the further execution of the agreement or to dissolve it in whole or in part.
15.3. TP Estore B.V. is at all times entitled to claim compensation from the customer, as well as to take back the delivered goods.
15.4. If the customer wishes to dissolve the agreement, he will at all times first notify TP Estore B.V. declare default in writing and allow it a reasonable term to still fulfill its obligations or to repair shortcomings, which shortcomings the customer must accurately describe in writing.
15.5. The customer has no right to dissolve the agreement in whole or in part or to suspend his obligations, if he himself was already in default with the fulfillment of his obligations.
15.6. In the event of partial dissolution, the customer cannot claim the reversal of claims already made by TP Estore B.V. services performed, and TP Estore B.V. full right to payment for the services already performed by it.
16. Consumer sale
16.1. In case of consumer purchase, the following provisions or phrases do not apply: art.4 paragraph 1 (insofar as it excludes the right of the customer to dissolve); art.7 paragraph 4 (idem); art. 9 paragraph 5 (ditto); art.9 paragraphs 7 and 8; art.14 paragraph 2 sub g; art.16 paragraph 2 (insofar as it concerns the authority of TP Estore B.V. to dissolve); art.18 paragraph 2 (to be supplemented with: The customer has the right to choose the competent court according to the law within one month after TP Estore B.V. has invoked the provisions of paragraph 2 in writing.
17. Applicable law/competent court
17.1. All agreements are governed by Dutch law.
17.2. The competent court takes cognizance of all disputes that may arise between TP Estore B.V. and customer, unless TP Estore B.V. prefers to submit the dispute to the competent court of the place of residence of the customer, with the exception of those disputes that fall within the competence of the subdistrict court.