Terms of delivery

Terms and Conditions CyberTech Europe

Page last modified: Jan 18, 2020 @ 12:33

Table of contents:

Article   1 – Definitions

Article   2 – Identity of the trader

Article   3 – Relevance

Article   4 – The range

Article   5 – The agreement

Article   6 – Right of withdrawal

Article   7 – Charges in case of withdrawal

Article   8 – Exclusion of right of withdrawal

Article   9 – The pricing

Article 10 – Compliance and Warranty

Article 11 – Delivery and model

Article 12 – Duration of transactions: duration, termination and renewal

Article 13 – Payment

Article 14 – Complaints Procedure

Article 15 – Disputes

Article 16 – Additional or varying provisions

 

Article 1 – Definitions

In these conditions these definitions are applied:

  • Grace period: The period within which the consumer can exercise his right of withdrawal;
  • Consumer: the natural person not acting in the exercise of profession or business and is engaged in a remote contract with the trader;
  • Day: calendar day;
  • Transaction Duration: a remote contract relating to a range of products and / or services, the supply and / or purchase that is spread over time;
  • Durable medium: any means that enables the consumer or business to him personally, to store information in such a way that future consultation and unaltered reproduction of the stored information is made possible;
  • Right of withdrawal: the ability for consumers to cancel within the waiting period of the remote contract;
  • Standard form: the standard withdrawal form that is available to allow a consumer to use he wants to exercise his right of withdrawal;
  • Trader: the natural or legal entity who trades products and / or remote services to the consumer;
  • Remote contract: an agreement whereby in the framework of a system organized by the trader for on-line selling of products and / or services until the conclusion of the agreement with the exclusive use of one or more means of distance communication;
  • Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader ever been in the same area
  • Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 – Identity of the trader

CyberTech Europe

Opaal 9, 3641XH, Mijdrecht

E-mailadres: Info@cybertech-europe.nl

Chamber of Commerce number: 65257359

Tax-identification number: NL-001470725B71

Article 3 – Relevance

  • These general conditions apply to every offer of the trader and any agreement reached at a distance and contracts between businesses and consumers.
  • Before the contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the contract is concluded, this will be indicated that the general conditions are viewable at the trader and will be sent free of charge as soon as possible, at the request of the consumer.
  • If the contract is concluded electronically away, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions will be made electronically available to the consumer in such a way that the consumer can store it in a simple way  on a durable medium. If this is not reasonably possible, before the contract is concluded, indicated where the general conditions can be inspected electronically and that at the request of the consumer electronically or otherwise will be sent free of charge.
  • In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him is.
  • If one or more provisions of these terms and conditions are wholly or partially invalid or destroyed at any time , then the continuation of the rest of the agreement and these conditions will remain in position and the provision will mutually immediately be replaced by a requirement that the scope of the initial approximating as closely as possible.
  • Situations that are not covered by these terms and conditions, are to be assessed “in the spirit” of these general conditions.
  • Uncertainties regarding the interpretation or content of one or more provisions of our terms must be interpreted “in the spirit” of these terms and conditions.

Article 4 – The range

  • If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
  • The offer is non-binding. The trader is entitled to change the offer and adapt it.
  • The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses images, these are a true reflection of the products and / or services. Obvious mistakes or errors in the offer are non-binding on the trader.
  • All drawings, specifications information in the offer are indicative and may not lead to damage claims or rescission of the contract.
  • Pictures of products are a true representation of the products offered. Trader can not warranty that the colors displayed exactly match the actual colors of the products.
  • Each offer contains such information that it is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
    1. the price including taxes;
    2. any costs of delivery;
    3. how the agreement will be achieved and what actions they require;
    4. whether or not the the right of withdrawal applies;
    5. the method of payment, delivery and implementation of the contract;
    6. The deadline for accepting the offer, or the deadline by the treader for adhering to the price;
    7. the height of the tariff for distance communication if the cost of using the technique for distance communication are calculated on a basis other than the regular fare for the means of communication;
    8. if the contract is filed after conclusion, and if so, how this can be accessed by the consumer;
    9. the way the consumer, for the conclusion of the contract, can check information provided by him under the contract, and change it if necessary;
  • any other languages, next to English, in which the contract can be concluded;
  • The code of conduct to which the trader is subject and the way the consumer can consult these behavioral codes electronically; and
  • the minimum duration of the remote contract in the event of an extended transaction.

Article 5 – The agreement

  • The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meet the corresponding conditions.
  • If the consumer has accepted the offer electronically, the trader will immediately acknowledge by an electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the trader, the consumer may rescind the contract.
  • If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
  • The trader can – within the law – inform the consumer’s ability to meet its payment obligations, as well as all facts and factors relevant to a sound conclusion of the remote contract. If the trader under this investigation was justified not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
  • The trader will send the consumer with the product or service the following information in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
    1. the address of the establishment of the business where the consumer can go with complaints;
    2. the conditions and how the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. information on warrantys and service after te sale;
    4. the details of these conditions included in Article 4 paragraph 3, unless the trader this information already provided this to the consumer before the execution of the agreement.
  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
  • In the event of an extended transaction the provision in the previous paragraph applies only to the first delivery.
  • Each agreement is entered under the condition precedent of sufficient availability of the products.

Article 6 – Right of withdrawal

When delivering products:

  • When purchasing products, the consumer can terminate the contract without giving any reason within 14 days. This period commences on the day following receipt of the product by the consumer or pre-designated by the consumer and at the trader announced representative.
  • During this period the consumer will treat the product and packaging with appropriate care. He will be only unpack or use the product to the extent necessary to assess whether he wishes to retain the product. If he exercises his right of withdrawal, he will send the product with all accessories and – if reasonably possible – in its original condition and packaging to the trader, in accordance and with the reasonable and clear instructions provided by the trader.
  • If the consumer wishes to exercise his right of withdrawal, he is required within 14 days after receipt of the product, to make this known to the trader. To make this known the consumer must use the model form. Once the consumer has expressed the wish to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods are returned on time, for example through a proof of posting.
  • If the customer after the periods specified in paragraphs 2 and 3 not announced he wants to make use of his right of withdrawal, respectively has not returned the product to the trader, the purchase is a fact.

When providing services:

  • When providing services, the consumer has the option to terminate the agreement without giving any reason for at least 14 days with effect from the day of entering into the agreement.
  • To exercise his right of withdrawal, the consumer will turn to the trader to supply and / or appearance on delivery to area provided reasonable and clear instructions.

Article 7 – Charges in case of withdrawal

  1. If the consumer exercises his right of withdrawal, the cost will not exceed the cost shipping and the return shipping.
  2. If the consumer has paid an amount, the trader will refund this amount minus the cost of shipping as soon as possible but no later than 14 days after cancellation. This is under the condition that the product has already been received back or if conclusive evidence of complete return can be provided by the merchant.

Article 8 – Exclusion of right of withdrawal

  1. The trader may exclude the right of withdrawal of the consumer products as defined in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the trader clearly stated this in the offer, at least in time for the conclusion of the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
    1. which have been created by the trader to the consumer’s specifications;
    2. that are clearly personal in nature;
    3. who can not be returned due to their nature;
    4. that spoil or become obsolete;
    5. whose price depends on fluctuations in the financial market over which the trader has no influence;
    6. for individual newspapers and magazines;
    7. Audio and video recordings and computer software that the consumer has broken the seal;
    8. hygiene products for which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    1. on accommodation, transport, catering or leisure to carry on a certain date or during a given period;
    2. whose supply with the express consent of the consumer before the withdrawal period has expired;
    3. betting and lotteries.

Article 9 – The pricing

  • During the period mentioned in the offer prices of the products and / or services will not be increased, except for price changes due to changes in VAT rates.
  • Notwithstanding the preceding paragraph, the business products or services whose prices may be subject to fluctuations in the financial market and where the trader has no control, he can offer these at variable prices. These fluctuations and the fact that any price targets, are made at and during the offer.
  • Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
  • Price increases from 3 months after the conclusion of the contract are only allowed if the trader and consumer have agreed and:
    1. they are the result of legislation or regulations; whether
    2. The consumer has the power to terminate the contract with effect from the date the increase takes effect.
  • Prices are inclusive of VAT mentioned in the supply of products or services.
  • All prices are subject to printing – and typographical errors. For the consequences of printing – and typographical errors no liability is accepted. With printing – and typographical errors the trader is not obliged to deliver the product according to the erroneous price

Article 10 – Compliance and Warranty

  • The trader warrantys that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the trader also ensures that the product is suitable for other than normal use.
  • A warranty provided by the trader, manufacturer or importer does not affect the legal rights and claims that consumers can do under the contract against the trader funds.
  • Any defects or incorrectly delivered goods must be reported in writing within 4 weeks after delivery to the trader. Return of the goods must be in original packaging and in new condition.
  • Trader warranty matches the manufacturer’s warranty period. However, the trader is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the products.
  • The warranty does not apply if:
    1. The consumer has repaired the products delivered and / or processed or repaired and / or modified by third parties;
    2. The delivered goods have been exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the trader and / or packaging are processed;
    3. The unsoundness resulting wholly or partly from regulations that the government has made or will make regarding the nature or quality of the materials used

Article 11 – Delivery and model

  • The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  • The place of delivery is the address that the consumer makes known to the company.
  • Subject to what is stated in paragraph 4 of this Article, the company will execute accepted orders expeditiously within 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them no later than 30 days after placing the order. The consumer in this case has the right to terminate the agreement without penalty. The consumer is not entitled to compensation.
  • All delivery dates are indicative. The consumer has no rights any time limits. If a term is exceeded, the consumer is not entitled to compensation.
  • In case of dissolution in accordance with the paragraph 3 of this Article, the trader will refund the amount minus shipping costs that consumer has paid as soon as possible but no later than 14 days after repudiation.
  • If delivery of an ordered product proves impossible, the trader will endeavour to provide a replacement product. At most at the delivery it will be clear and in a comprehensible manner that a replacement product is delivered. With a replacement of ArticLeen right of withdrawal cannot be excluded.
  • The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated and at the trader announced representative, unless expressly agreed otherwise.

Article 12 – Duration of transactions: duration, termination and renewal

notice

  • The consumer may at any time denounce the of a contract for an indefinite period, which extends to the regular delivery of products (including electricity) or services, within the applicable termination rules and a notice of up to one month.
  • The consumer can withdraw a contract that has concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, by the end of the fixed term in compliance with the applicable termination rules and with a notice of more than one month.
  • Consumers can the agreements referred to in the preceding paragraphs:
    1. withdraw and not be limited to termination at a particular time or in a given period;
    2. terminate them in the same way as they are concluded;
    3. cancel at the same notice as the company has negotiated for itself.

extension

  • A contract for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed duration
  • Notwithstanding the previous paragraph, a contract concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines be tacitly renewed for a limited period of up to three months, as consumers this extended agreement may terminate at the end of the extension with a notice period of up to one month.
  • A contract for a definite period and that extends to the regular delivery of products or services may be tacitly renewed for an indefinite period if the consumer all may cancel at any time with a notice period of up to one month and a notice of maximum of three months if the contract extends to the regular, but less than once a month, delivering daily, weeklies and magazines.
  • A contract with a limited duration of regular delivery of dailies, weeklies and magazines (trial or introductory subscription) is not implied to be continued and terminates automatically after the trial or introductory.

duration

  • If a contract has a duration of more than one year, the consumer contract after one year may at any time with a notice of up to recite a month, unless the reasonableness and fairness oppose termination before the end of the agreed term. Any discounts due to multiple year extensions will be recalculated at payment of the refund.

Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer are to be paid within 7 days after the start of the cooling off period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
  2. The consumer has the duty to report immediately to the trader any inaccuracies in data supplied or specified payment.
  3. In case of default by the consumer, the trader, subject to legal restrictions, has the right to charge the reasonable costs incurred to the consumer.

Article 14 – Complaints Procedure

  1. The trader has a well-publicized complaints procedure and deals with complaints under this procedure.
  2. Complaints about the implementation of the agreement must be made fully and clearly described within seven days to the trader, after the consumer has found the defects.
  3. Complaints are to be submitted to the trader within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, it will be answered by the trader within the period of 14 days, confirming the receipt of the complaint and indicating when the consumer can expect a more detailed answer.
  4. If the complaint can not be resolved by mutual agreement creates a dispute that is subject to a dispute council.
  5. In case of complaints primarily a consumer needs to turn to the trader. For complaints that cannot be solved by mutual agreement, the consumer should apply to the De Geschillencommissie. Should there not yet come to a solution, the consumer has the opportunity to be treated by Stichting GeschilOnline (geschilonline.com), the decision thereof is binding and both traders and consumers agree with this binding judgment. The submission of a dispute to the arbitration committee are costs that must be paid by the consumer to the relevant committee. It is also possible to log complaints through the (http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the trader, unless the trader specifies otherwise.
  7. If a complaint is accepted by the trader, the trader will, at its option replace or repair the products free of charge.

Article 15 – Disputes

  1. Contracts between the entrepreneur and the consumer of these terms refer only to Dutch law. Even if the consumer is domiciled abroad.
  2. The CISG does not apply.

Article 16 – Additional or varying provisions

Additional or variations of these terms and conditions, may not be to the detriment of consumers and should be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.