General terms and conditions

Hier is de vertaalde tekst in goed Engels met een formele opmaak:

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General Terms and Conditions for Delivery BY:

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

Hereinafter referred to as: User

Article 1. Definitions

In these general terms and conditions, the following terms are defined as:

• User: the party applying these general terms and conditions, in this case MR. Refurb / mr-refurb.nl
• Consumer: a counterparty who can be either a natural person or a legal entity and is the ultimate user of the ordered goods.
• Consumer purchase: the purchase regarding a movable item, concluded by a seller acting in the exercise of a profession or business, and a buyer, who may be a natural person or legal entity.

Article 2. Applicability of These Conditions

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

Article 3. Offers / Proposals / Formation of the Agreement / Statements and Descriptions of Products

1. An offer or quote does not bind the user and is only an invitation to place an order unless explicitly stated otherwise.
2. The user cannot be held to its offer/quote if the consumer should have understood that the offer/quote, or any part thereof, contains an obvious mistake or error.
3. An agreement is only concluded if and insofar as the user accepts an order in writing or if execution to an order is given by the user.
4. All statements of numbers, specifications, and/or other indications of the products are made with the greatest accuracy; however, the user cannot guarantee that there will be no deviations in this regard.
5. The user reserves the right not to accept orders or assignments without stating reasons, or only to accept them on the condition that the order is confirmed in advance by the consumer by registered mail and/or that the shipment takes place under cash on delivery or after prepayment.

Article 4. Delivery

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

Article 5. Delivery Time

1. The delivery times specified by the user are approximate and are not fatal terms, but they will not exceed the final delivery time, except in cases of force majeure, by more than one week.
2. In the event of untimely delivery, the consumer must give written notice of default to the user and set a reasonable period for the user to meet its obligations.
3. In the event of exceeding the delivery time, the consumer has no right to any compensation.
4. If the user needs data or tools for the execution of the agreement that must be provided by the consumer, the delivery time will not start earlier than the day all necessary data or tools are in the possession of the user.

Article 6. Technical Requirements, etc.

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

Article 7a Warranty

1. The user guarantees that the goods sold are free from material, design, and manufacturing defects for a period of at least 12 months after delivery and for a maximum period guaranteed by the manufacturer of that particular item.
2. If the warranty under 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 notified the user in writing of the defect.
3. The user may choose to replace, repair, or credit the goods.
4. The consumer may only demand replacement of the goods or dissolution of the purchase agreement if during the warranty period:
   • The user has unsuccessfully attempted to repair the same defect twice, and the defect is severe enough to justify replacement or dissolution.
   • The consumer proves that the goods have so many defects or have shown such defects that they do not comply with the agreement and that these defects justify replacement or dissolution.
5. The warranty lapses if the consumer causes damage through incorrect handling of a warranted item.
6. The consumer must prove that the item shows a defect within the warranty period for which this warranty applies. The warranty lapses 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 without stating reasons within 14 working days after receipt to the user. The user will then reimburse the consumer the received purchase amount minus the costs determined for the return compensation, under the following conditions:

• Only concerns products purchased online by private individuals – Products are not purchased for commercial or professional use.
• Products are maintained according to the supplier's guidelines regarding maintenance and software updates.
• Products are not manufactured at the request of the consumer, based on an additional option that has been added to a product (individual choice or decision of the consumer).
• The respective products must be described in the respective message as items for which the return guarantee applies.
• Software whose package seal has been broken is not accepted for return.
• No modifications may have been made to the delivered item, and it must be in 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 by no later than the 18th day after receipt of the delivered item.
• The costs of postage for the return shipment are for the consumer.
• All copies or modifications or translations of the delivered item made for personal use or otherwise, including, among others, diskettes, electronic material, manuals, and documentation, must be sent back with the return shipment or destroyed or erased at the time of shipment.
• This return is otherwise considered a dissolving condition and not a "buy-back" scheme.

Article 7b Refund Procedure

Upon cancellation of an order via our online shop and the resulting refund, the following procedures are followed:

Processing Time for Refunds: After processing the cancellation, the user strives to perform the refund as quickly as possible. The refund is made via the original payment method used. Although the refund is usually credited to the consumer within 10 working days, the processing time can vary depending on the consumer's bank. Some banks may take longer to process, resulting in the refund appearing as a pending balance until the transaction is fully processed.

Assistance in 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, found in the order timeline under the details of the refund, can be used by the consumer's bank to trace the transaction.

The user commits to making all reasonable efforts to ensure that refunds are processed efficiently and promptly, 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 a sold item 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 seized or otherwise claimed (any part of the products). Furthermore, the consumer will inform the user at the user's first request of the whereabouts of the products.
3. In the event of seizure, (provisional) suspension of payment, or bankruptcy, the consumer will immediately inform the bailiff, the administrator, or the curator of the (property) rights of the user. The consumer ensures that a seizure on the products is lifted immediately.

Article 9 Repairs, Data

E-trend is not responsible, nor can it be held liable, for the possible 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

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

• Whether the correct item has been delivered;
• Whether the delivered item meets the agreed quality standards or – if these are absent – the standards that may be expected for normal use.

2. If a visible defect or shortfall is observed, then 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 its discovery.

Article 11. Prices

1. Unless explicitly 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 explicitly stated otherwise, the costs of packaging and shipping, as mentioned in the respective message, as well as all other levies or taxes imposed or levied concerning the products and their transport, are borne by the consumer.
2. Prices are based on the circumstances applicable to the user at the time of concluding the agreement, such as currency 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 consumer.
3. Discounts are assumed to be granted only once. Previously granted discounts do not bind the user in any way for a later agreement.

Article 12. Payment

1. Unless otherwise agreed, payment must take place net cash, either by pre-transfer, by credit card, by debit transaction, or by a single authorization.
2. If payment does not take place in cash, it must occur within the payment term stated on the invoice.
3. All amounts charged to the consumer must be paid without any deduction or withholding. The consumer is not authorized to offset, and the consumer does not have the right to suspend any payment obligation towards the user.
4. After the expiry of 10 days from the invoice date, the consumer is in default by operation of law; from the moment of default, the consumer owes an interest rate of 1% per month on the amount due unless the statutory interest rate is higher, in which case the statutory interest rate applies.
5. In the event of bankruptcy or suspension of payment of the consumer, the claims of the user and the obligations of the consumer towards the user are immediately due and payable.

Article 13. Collection Costs

If the consumer is in default or fails to fulfill one or more of his obligations, all reasonable costs incurred in obtaining satisfaction outside court shall be borne by the consumer. In any case, 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 the user demonstrates having incurred higher costs, which were reasonably necessary, these also qualify for reimbursement.

Article 14. Liability and Indemnification.

The liability of the user is limited to re-delivery of the concerned item or refund of the purchase price. The user is not liable, either under law or contract, for so-called consequential damages that the buyer or a third party may suffer concerning (the use of) the products. This includes, but is not limited to, loss of profit, business damage, loss of data, and immaterial damage. For defects in delivered goods, liability is as regulated 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 action by the user or its subordinates.

Article 15: Responsibility for Software and Updates

1. Choice of Software: The customer acknowledges and agrees to bear the responsibility for the choice of hardware options, software options, and settings from the possibilities offered by the user. The customer accepts all risks associated with these choices, including compatibility, limitations, and performance.
2. Software after Delivery: The user is not responsible for any software that is installed on the hardware after delivery by the customer or third parties, nor for problems or limitations that result from this.
3. Updates of Software: The user bears no responsibility for managing or installing updates for the software installed on the delivered hardware. The customer is responsible for keeping track of software updates and the consequences of such updates, including but not limited to any limitations or loss of functionality of the hardware.

Article 16. Force Majeure

1. Force majeure in these general terms and conditions is understood to mean, in addition to what is understood in the Law and Jurisprudence, all external causes, foreseen or unforeseen, which the user cannot influence, but because of which the user is unable to fulfill her obligations, including strikes at the user's company.
2. The user is also entitled to invoke force majeure if the circumstance preventing (further) performance occurs after the user should have fulfilled her commitment.
3. During force majeure, the delivery and other obligations of the user are suspended. If the period during which fulfillment of the obligations by the user is not possible due to force majeure lasts longer than 2 weeks, both parties are entitled to dissolve the agreement without any obligation to compensate for damages in that case.
4. If the user has already partially fulfilled her obligations at the onset of the force majeure, or can only partially fulfill her obligations, she 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. This does not apply if the already delivered or deliverable part has no independent value.

Article 17. Product Images

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

Article 18. Dispute Resolution

The court in the user's place of residence is exclusively authorized to take cognizance of disputes unless the subdistrict court has jurisdiction. Nevertheless, the user remains authorized to summon the consumer before the court deemed competent by law or treaty.

Article 19. Applicable Law

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