General terms and conditions

GENERAL TERMS AND CONDITIONS

General terms and conditions for delivery to consumers

FROM:

• MR. Refurb / mr-refurb.nl
• Kanaalstraat 223
• Located and operating in Utrecht

Hereinafter referred to as: User

Article 1. Definitions

In these general terms and conditions, the following terms are understood to mean: ‘user’: the user of these general terms and conditions, in this case from MR. Refurb / mrrefurb.nl ‘consumer’: a counterparty that can be both a natural person or legal entity and the ultimate user of the ordered goods. ‘consumer purchase’: the purchase related to a movable property, concluded by a seller acting in the course of a profession or business, and a buyer, whether a natural person or legal entity.

Article 2. Applicability of these conditions

These conditions apply to every offer and agreement between the user and a consumer to which the user has declared these conditions applicable, unless expressly and in writing deviated from by both parties. 2. These conditions also apply to agreements with the user, for the execution of which third parties must be involved.

The applicability of any general or specific conditions or terms of the consumer is explicitly rejected by the user. Article 3. Quotations / Offers / Conclusion of the agreement / Description and specification of products

An offer or (price) quotation does not bind the user and is only an invitation to place an order, unless expressly stated otherwise. 2. The user cannot be held to its offer/quotation if the consumer should have understood that the offer/quotation or a part thereof contains an obvious mistake or typographical error.

An agreement is only concluded if and to the extent that the user accepts an order in writing or executes an order. All numbers, specifications, and/or other indications of the products provided by the user are made with the utmost care; however, the user cannot guarantee that there will be no deviations. The user reserves the right to refuse orders or assignments without stating reasons or to only accept them on the condition that the order is confirmed in writing by the consumer by registered mail and/or the shipment is made on a cash on delivery basis or after prepayment. Article 4. Delivery

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 when they are made available to him according to the agreement.

If the consumer refuses to accept or is negligent in providing information or instructions necessary for delivery, he will be in default without any notice of default, and the articles will be stored at the consumer's risk and expense or sold to a third party. The consumer will, in any case, owe the predetermined purchase price plus any additional costs, but in a particular case, reduced by the proceeds from the sale to that third party. The user always has the right to deliver in parts. Article 5. Delivery time

The delivery times indicated by the user are approximate and not strict deadlines but will never exceed the final delivery time by more than one week, except in cases of force majeure. 2. If delivery is not made on time, the consumer must give the user written notice of default and give the user a reasonable period to fulfill its obligations.

The consumer has no right to any compensation in case of exceeding the delivery period. If the user requires data or tools from the consumer for the execution of the agreement, the delivery period will not start until the day all necessary data or tools are in the possession of the user. Article 6. Technical requirements etc.

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

Article 7a. Warranty

The user guarantees that the goods sold by her are free from material, design, and manufacturing defects for a period of at least 12 months from delivery and up to a maximum period guaranteed by the manufacturer of that specific item. 2. If the warranty mentioned in paragraph 1 applies and the delivered goods have a defect, the user is obliged to repair the goods within 30 days after the consumer has reported the defect in writing.

The user can choose to replace, repair, or credit the goods. The consumer can only demand replacement of the goods or dissolution of the purchase agreement if, during the warranty period:

• The user has unsuccessfully attempted twice to repair the same defect, and this defect is sufficiently serious to justify replacement or dissolution;
• The consumer demonstrates that the goods have so many defects or have shown such defects that they do not meet the agreement, and these defects justify replacement or dissolution; The warranty expires if the consumer causes damage due to incorrect treatment of a guaranteed item. The consumer must demonstrate that the item shows a defect covered by this warranty within the warranty period. The warranty expires if the type or serial number of an item has been removed or altered.

Article 7b. Return guarantee

The consumer has the right to return the delivered products purchased from our online shop within 14 working days after receipt without giving reasons. The user will then refund the received (purchase) amount minus the specified return fee, under the following conditions:

Applies only to products purchased online by private individuals.

• Products are not purchased for business or professional use. Products are not custom-made based on an additional option added by the consumer.
• The specific products must be described in the relevant message as items covered by the return guarantee.
• Software with a broken seal on the packaging will not be taken back.
• No changes may have been made to the delivered item, and the delivered item must be in its original condition. All accompanying documentation, warranty certificates, and packaging materials must be included in the return shipment.
• The return shipment must be received by the user no later than the 18th day after receipt of the delivered item by the consumer.
• The costs of postage for the return shipment are borne by the consumer.
• All copies, edits, or translations of the delivered item made for personal use or otherwise, including, among others, disks, electronic materials, manuals, and documentation, must be included in the return shipment or destroyed or erased at the time of shipment.
• This return is considered a condition for dissolution and not as a buy-back scheme.

Article 8. Retention of ownership

The user remains the full owner of a sold item until the purchase price has been fully paid. 2. As long as the user is the owner of the products, the consumer must immediately notify the user if the products are seized or if a claim is made on any part of the products. Moreover, the consumer must inform the user of the location of the products upon the user's first request.

In the event of seizure, (temporary) suspension of payment, or bankruptcy, the consumer must immediately inform the bailiff, administrator, or curator about the (ownership) rights of the user. The consumer guarantees that a seizure of the products will be lifted immediately.

Article 9. Repairs, Data

MR. Refurb is not responsible nor liable for possible loss of personal data. Hardware must be provided 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

The consumer must examine the purchased items upon delivery – or as soon as possible thereafter. The consumer must check whether the delivered item complies with the agreement, namely:

• If the correct item has been delivered;
• If the delivered item meets the agreed quality requirements or, if absent, the requirements that may be set for normal use.

If a visible defect or deficiency is detected, the consumer must report this to MR. Refurb within 3 days of delivery. A non-visible defect must be reported by the consumer to MR. Refurb in writing within 3 days after discovery.

Article 11. Prices

Unless explicitly stated otherwise, all prices mentioned in messages, such as catalogs, price lists, and/or quotations from the user, are expressed in EURO and exclusive of VAT. Unless explicitly stated otherwise, the consumer bears the costs of packaging and shipping, as mentioned in the relevant message, as well as all other levies or taxes imposed or levied on the products and their transport. 2. Prices are based on the circumstances applicable to MR. Refurb at the time the agreement was concluded, such as exchange rates, freight rates, import duties, and dealer prices. If these circumstances change after the conclusion of an agreement but before delivery, MR. Refurb has the right to pass on the resulting costs to the customer.

Discounts are deemed to be granted only once. Previous discounts do not bind MR. Refurb in any way for a subsequent agreement.

Article 12. Payment

Unless otherwise agreed, payment must be made net cash. Either by advance transfer, credit card, debit transaction, or one-time authorization. 2. If payment is not made in cash, it must be made within the payment term stated on the invoice.

All amounts charged to the consumer must be paid without any discount or set-off. The consumer is not authorized to set off; furthermore, the consumer does not have the right to suspend any payment obligation to MR. Refurb. After 10 days from the invoice date, the consumer is in default by operation of law; the consumer owes interest on the amount due at a rate of 1% per month from the moment of default, unless the statutory interest rate is higher, in which case the statutory interest rate applies. In case of bankruptcy or suspension of payment of the consumer, the claims of MR. Refurb and the obligations of the consumer towards MR. Refurb become immediately due and payable.

Article 13. Collection costs

If the consumer defaults on one or more of his obligations, all reasonable collection costs incurred out of court will be borne by the consumer. In any case, in case of a monetary claim, the consumer owes:

• 15% on the first Eur 3,000
• 10% on the excess up to Eur 6,500
• 8% on the excess up to Eur 15,000
• 5% on the excess up to Eur 65,000
• 3% on any excess If MR. Refurb proves to have incurred higher costs that were reasonably necessary, these will also qualify for compensation.

Article 14. Liability and Indemnification

The liability of MR. Refurb is limited to the re-delivery of the respective item or refund of the purchase price. 2. MR. Refurb is not liable, neither by law nor by agreement, for so-called consequential damage suffered by the customer or a third party in connection with (the use of) the products. This includes, among other things, loss of profit, business damage, loss of data, and immaterial damage.

For defects in delivered items, liability is governed as stipulated in articles 7a & 7b of these terms and conditions. The above limitations do not apply if the damage is due to intent and/or gross negligence and/or culpable conduct by MR. Refurb or its subordinates.

Article 15. Force Majeure

Force majeure, as understood in these general terms and conditions, means, in addition to what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, over which MR. Refurb has no control but which prevent MR. Refurb from fulfilling its obligations, including strikes at MR. Refurb. 2. MR. Refurb also has the right to invoke force majeure if the circumstance preventing (further) performance arises after MR. Refurb should have fulfilled its obligation.

During force majeure, the delivery and other obligations of MR. Refurb are suspended. If the period during which MR. Refurb cannot fulfill its obligations due to force majeure lasts longer than 2 weeks, both parties have the right to terminate the agreement, without any obligation to pay damages in that case. If MR. Refurb has partially fulfilled its obligations at the time force majeure occurs, or can only partially fulfill its obligations, it is entitled to separately invoice the delivered or deliverable part, and the consumer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the delivered or deliverable part has no independent value. Article 16. Product Images

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

Article 17. Dispute Resolution

The court in the place of residence of MR. Refurb has exclusive jurisdiction to hear disputes, unless the district court has jurisdiction. Nevertheless, MR. Refurb remains entitled to summon the consumer before the court authorized by law or treaty.

Article 18. Applicable Law

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