The text of the Dutch terms and conditions prevails over the English text.
2.1 If one or more provisions of these Terms are null and void or are nullified, the remaining provisions of these Terms will remain in full force and effect. SecureConcepts and the Buyer will then enter into consultation in order to agree on new provisions to replace the invalid or nullified provision
2.2 Additional terms and conditions may apply to certain Products. If there are inconsistencies between the additional terms and conditions and these General Terms and Conditions, then in principle those stipulations from the additional terms and conditions apply unless explicitly stated otherwise.
3.1 These Terms and Conditions apply to Agreements, orders and offers and all related (legal) acts of SecureConcepts and the Buyer. The applicability of any general or specific conditions or stipulations of the Buyer is expressly rejected by SecureConcepts
3.2 Unless the nature or specific content of a provision in these Conditions dictates otherwise, the provisions of these Conditions also apply to Agreements where SecureConcepts does not act in its capacity as Seller
3.3 These Terms and Conditions apply as of January 1, 2011 SecureConcepts has the right to change these General Terms and Conditions at any time. The amended General Terms and Conditions apply to all new Agreements to be concluded. The old version of the General Terms and Conditions of will continue to apply to existing Agreements.
4.1 All SecureConcepts offers are without obligation and are subject to the availability of the product. If a product is not available, the Buyer will be notified of this. 4.2 An Agreement is concluded at the moment that a written order confirmation is sent to the Buyer to the address specified by the Buyer or when the Buyer has receives an agreement for delivery from SecureConcepts or because SecureConcepts executes an order
4.3 All offers are made with due care. SecureConcepts does not guarantee: deviations in color, images, numbers, specifications and / or other indications. Minor deviations cannot in principle give rise to compensation and / or dissolution of the Agreement. 4.4 The Buyer acknowledges that electronic forms of communication can create a valid Agreement. The electronic files created by this communication serve as evidence
4.5 Changes and additions to any provision in an Agreement only apply if they have been recorded in writing by SecureConcepts and only relate to the relevant Agreement.
5.1 All prices communicated by SecureConcepts are in Euro, exclusive of turnover tax (unless stated otherwise) and exclusive of any other statutory or government-imposed surcharges, unless explicitly stated otherwise. 5.2 Delivery costs are not included in the Prices. Delivery costs will be charged on each order (unless expressly agreed otherwise). The amount of the delivery costs can be found on the Internet or will be made known before the Buyer places an order. 5.3 A promotion is only valid for a limited period of time. Specific and / or additional conditions may apply to a promotion. A statement of the validity period as well as specific or additional conditions is included with the promotion.
5.4 Discounts and / or other (price) agreements always apply to a single Agreement. No rights can be derived from this for other Agreements
5.5 Prices are based on the circumstances applicable to SecureConcepts at the time of the conclusion of the Agreement, such as exchange rates, freight rates and dealer prices. If (one or more of) these circumstances change after the conclusion of the Agreement but before delivery, SecureConcepts has the right to change the agreed prices. If the price is increased within three months after the conclusion of the Agreement, the Consumer has the right to terminate the Agreement
6.1 SecureConcepts only accepts the following payment methods:
- Direct debit
- Bank transfer
- Online payment methods (debit) and credit cards
The payment methods may be expanded or limited in the future. < br> The current payment methods are made known on the Internet site
6.2 The Buyer has the duty to immediately report inaccuracies in provided or stated Messages to SecureConcepts
6.3 In the event that a payment obligation is not fulfilled within the set term then the Buyer is in default. Failure to fulfill a payment obligation also includes the cancellation of a payment already made. If the Buyer is in default, all claims of SecureConcepts on the Buyer for any reason whatsoever are immediately due and payable
6.4 In the event of the situation of 6.3, the Buyer is, without further notice of default, due for delay damages until all outstanding amounts are satisfied. The loss due to delay is the statutory interest, plus 2%, on the outstanding amount, calculated from the moment of default with a minimum amount of € 15.00 (excl. VAT). A month that has already started is counted as a full month.
6.5 If the Buyer is in default, the Buyer is obliged to reimburse any (extra) judicial costs. These extrajudicial costs amount to at least 15% of the unpaid amount with a minimum of € 75.00 (excl. VAT)
6.6 Each payment made by the Buyer will first serve to settle any interest and costs owed. payment of due and payable invoices will be paid on the basis of seniority, notwithstanding notices to the contrary from the Buyer ... 6.7 In case of non-fulfillment of a payment obligation, SecureConcepts is entitled to dissolve the Agreement with immediate effect or (further) delivery on to suspend until the moment at which the Buyer has fully complied with all obligations
6.8 Partial payments are only entitled in consultation with SecureConcepts
6.9 All amounts charged to the Buyer must be made without discount or deduction. The Buyer is not authorized to set off. Furthermore, the Buyer is not entitled to suspend any payment obligation towards SecureConcepts. 6.10 SecureConcepts has the right, where appropriate, to require advance payment of (part of) the purchase price.
6.11 If SecureConcepts, after the Buyer is in default, payment reminders or other requests for payment to Buyer, this will not affect the provisions of 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 6.10
7.1 Ownership of Products, notwithstanding the actual delivery, will only pass to the Buyer after the Buyer has paid in full all that is owed in respect of any Agreement with SecureConcepts. This includes reimbursement of interest and costs, also for earlier executed orders. 7.2 The Buyer may not tax, sell, resell, alienate, rent, put into use, the Products before ownership has passed. pledge or on the other hand encumber. Until the actual transfer of ownership has taken place, subject to other provisions and obligations, the Product may only be used correspondingly for the intended purpose as determined or reasonably expected when the Agreement was concluded. The Business customer is only entitled to sell or deliver the Products, of which SecureConcepts owns, to third parties, insofar as this is necessary in the context of Business customer his normal business operations.
7.3 The Buyer agrees to first request from SecureConcepts, or to be designated by SecureConcepts
(legal) persons, to make the Products available and already grants irrevocable authorization to enter the place where the Products are located in order to share the Products subject to retention of title. to
7.4 In the event of seizure, (provisional) suspension of payments or bankruptcy, the Buyer must immediately inform the attaching bailiff, the administrator or the receiver of the (property) rights of SecureConcepts
7.5 In the event from deliveries of software the Buyer only obtains the rights of use and the Buyer never becomes the owner of the software. The copyrights remain with the manufacturer.
8.1 Delivery times are an indication and never as a deadline. Further information provided regarding delivery times also remains indicative.
8.2 Exceeding a delivery period does not entitle the Buyer to any compensation or dissolution of the Agreement. If the delivery lasts more than thirty (30) days, calculated from the moment of the previously agreed delivery date, the Agreement may be dissolved without entitlement to any compensation. This provision only applies insofar as the delay is not due to force majeure as referred to in Article 13 - 8.3 If SecureConcepts requires data or tools for the performance of the Agreement that must be provided by the Buyer, the delivery term will never commence before the day that all necessary data or resources are in the possession of SecureConcepts. 8.4 Delivery takes place by delivery to the address specified by the Buyer during the conclusion of the Agreement. For certain payments, including payments using a credit card, SecureConcepts must comply with the delivery requirements set by the relevant credit companies. All this will be communicated to the Buyer in good time. 8.5 Delivery can take place in several partial deliveries. This will not entail any additional costs for the Buyer than what was stated at the conclusion of the Agreement
8.6 The risk passes to the Buyer as soon as the Products have been delivered to the specified address
8.7 When an attempt until delivery the Buyer does not accept the delivery or partial delivery, SecureConcepts is entitled to recover the costs, including the costs of return shipment and (transport) damage, resulting from this non-acceptance from the Buyer. 8.8 The Buyer is obliges to inspect the Products immediately upon receipt (or have them inspected) for the correctness of the delivered goods and for visible defects
8.9 Business customers may reject Products due to non-conformity with the agreed (visible defects) within five (5) working days after delivery. After that, the Products are deemed to have been accepted. Consumers must notify SecureConcepts of a non-conformity with the agreed upon within two calendar months of the discovery of a defect or the moment when they could reasonably have discovered this defect.
8.10 After establishing any defect, the Buyer is obliged to immediately cease the use, processing, processing and / or installation of the relevant Products and furthermore to do everything reasonably possible to prevent further) damage.
8.11 The Buyer will provide all necessary cooperation for the investigation of the complaint, including by giving SecureConcepts the opportunity to investigate the circumstances of use, processing, processing or having it investigated. and / or installation
8.12 The Buyer cannot derive any rights from the handling of a complaint.
8.13 If the Buyer does not cooperate or on the other hand, investigation is not (any longer) possible, the complaint will be has not been processed and the Buyer has no claims in this respect.
8.14 The Buyer is not free to return the Products before SecureConcepts has agreed to this. Only if timely, correct and the complaint has rightly been made, the reasonable costs of returning for SecureConcepts
8.15 If the Buyer complains on time, correctly and justly about defects in a Product, the liability arising for SecureConcepts is limited to the obligations described in Article 10.
9.1 The Buyer may, within seven (7) calendar days of receipt, cancel the purchase by name without penalty and without giving reasons, with due observance of the provisions of Articles 9.3 to 9.6. If the right of withdrawal is exercised, SecureConcepts will arrange for a refund of the amount paid by the Buyer to SecureConcepts as soon as possible, but no later than 30 days after the dissolution, provided that the Products in question have been returned.
9.2 Exchange of a Product (against another Product or against a voucher) is possible within ten (10) working days, provided the Buyer submits the original purchase invoice and the provisions of Articles 9.3 to 9.6 are observed.
9.3 Excluded of dissolution within the meaning of article 9.1 or exchange of a product are the following Products:
All media carriers of which the seal has been broken. This includes, but is not limited to, audio and video recordings and computer software
Software, both general and specific
Personalized Products and Products that are tailor-made or according to the specifications of the Buyer are
made / ordered
Products for which a daily price applies
Used consumables. When the opened consumable is part of a Product, the exclusion applies to the entire Product. 9.4 The Product concerned must be complete and in its original condition. No changes may have been made to or to the relevant Product, including the packaging, and it must be intact; all documentation, warranty certificates and packaging materials must also be enclosed with the return shipment. 9.5 The Buyer is responsible for the (timely) return of the relevant Product. The costs of the return are in principle at the expense of the Buyer. Returns must be made in accordance with the specific guidelines provided by SecureConcepts. (RMA procedure)
9.6 SecureConcepts can decide, in the context of the RMA procedure, to collect the relevant Product from the Buyer. &Nbsp; The Buyer must then, in accordance with the guidelines, enable SecureConcepts to let the Product be shipped get it
9.7 The Buyer can view the RMA procedure on the SecureConcepts website or request it from the customer service department.
10.1 Guarantees given by manufacturers or suppliers of Products to SecureConcepts regarding these Products will always be transferred to the Buyer.
10.2 In the case of Products that are delivered with a manufacturer's warranty, the Business customer must submit complaints directly to the manufacturer or supplier. If requested, SecureConcepts can mediate between the Business customer and the manufacturer or supplier, for example (but not exclusively) by sending the product on behalf of and at the risk of the Business customer to the manufacturer or supplier.
10.3 For by SecureConcepts to Consumers Products delivered by third parties, SecureConcepts is responsible for 3 months that the delivered Product complies with the Agreement. If this is not the case, the Consumer may indicate his preference to contact the manufacturer or supplier of SecureConcepts directly to replace a Product or to repair defects.
10.4 Provided that a complaint has been made on time, correctly and in accordance with the provisions of article 8.8 et seq. and it has been sufficiently demonstrated that the Products do not comply with what has been agreed upon, or that show material and / or construction defects, or do not function properly, SecureConcepts has the choice either to replace the Products or parts thereof against return thereof with new Products or parts, or to properly repair the relevant Products or parts, or against return the defective Products or to refund parts of the purchase price thereof or to credit the invoiced amount, or to grant the Buyer a discount on the purchase price to be determined in mutual consultation. By complying with one of the aforementioned performances, SecureConcepts is fully discharged with regard to its obligations.
10.5 Without prejudice to the provisions of this article, no warranty claim can be made if the wear and tear can be considered normal. and further in the following cases:
if changes have been made in or to the Product; including repairs that have not been carried out with permission of the producer;
if the original invoice cannot be submitted, has been changed or made illegible;
if defects are the result of improper or not corresponding to the destination use;
if damage has been caused by intent, gross negligence or negligent maintenance;
if the serial number has been removed, altered or otherwise made unverifiable;
if after the initiation of a repair procedure the Buyer reports that a claim is made under warranty
if the Product has been resold, resold or disposed of.
11.1 For Business customers, SecureConcepts can only be held liable for direct damage that can be attributed to intent or gross negligence on the part of SecureConcepts For indirect damage; consequential or business damage; profit or loss of turnover; loss of savings; SecureConcepts is never liable by the Buyer by means of reasonable behavior or for damage arising from force majeure. There is a claim, plus the amount of the deductible that is for the account of SecureConcepts in the relevant case according to the policy conditions.
11.3 Unless the damage was caused by gross negligence or intent on the part of SecureConcepts (or of its managerial personnel), Buyer will indemnify SecureConcepts against all claims from third parties, directly or indirectly related to the products and will compensate SecureConcepts for any damage suffered by SecureConcepts as a result of such claims
12.1 In default of the Buyer or in one of the cases referred to in article 12.2, all claims of SecureConcepts on the Buyer, for whatever reason, are immediately and fully due and payable and SecureConcepts is authorized to suspend the performance of any Agreement and / or to full or partial dissolution of any Agreement. The foregoing does not affect SecureConcepts' other rights under the law or the Agreement.
12.2 In the event of (provisional) suspension of payments, bankruptcy, closure or liquidation of (the company of) the Buyer, all Agreements will be dissolved by operation of law, unless SecureConcepts tells us within a reasonable time that it requires performance of (part of) the Agreement.
13.1 If SecureConcepts cannot fulfill its obligations towards Buyer due to a non-attributable shortcoming (force majeure), the fulfillment of those obligations will be suspended for the duration of the force majeure situation. 13.2 If the force majeure situation lasts for 30 days, both parties have the right to dissolve the Agreement in writing in whole or in part, insofar as the force majeure situation justifies this. 13.3 In the event of force majeure, the Buyer is not entitled to any (damage) compensation, even if SecureConcepts is a result of the force majeure. any advantage
13.4 Force majeure is understood to mean any circumstance beyond the control of SecureConcepts, as a result of which the fulfillment of its obligations towards the Buyer is wholly or partly prevented or as a result of which the fulfillment of its obligations cannot reasonably be attributed to SecureConcepts. required, regardless of whether that circumstance at the time of the conclusion of va n the Agreement was foreseeable. These circumstances include:
strikes and lockouts, fire, civil war, terrorism, power failures, business disruptions, stagnation or other problems with production by SecureConcepts or its suppliers and / or with its own or third-party transport and / or measures taken by any government agency, telecommunication failures, as well as the lack of any governmental license
13.5 SecureConcepts will notify the Buyer of an (imminent) force majeure situation as soon as possible
14.1 SecureConcepts is at all times entitled to make use of subcontractors for the provision of services and services.
14.2 The Buyer will provide adequate facilities for the delivery of services and services.
16.1 Only Dutch law applies to all offers and Agreements
16.2 The Vienna Sales Convention is expressly excluded
16.3 With regard to disputes between SecureConcepts and customers, the competent court in Utrecht has exclusive jurisdiction.