General conditions - SwitchICT - Refurbished Servers

General conditions

This page describes the general conditions relating to the supply of goods and services of SwitchICT, hereinafter referred to as SwitchICT.
These conditions are divided into a section relating to supplies to consumers and a section relating to supplies to business customers.

General Terms and Conditions for Consumers

All agreements in writing
We strive to record our agreements on price, characteristics of the product to be delivered, delivery time, time of payment, etc. in writing as much as possible. Additional agreements are also recorded in writing. Agreements regarding repairs will also be in writing. You can therefore only rely on written and confirmed agreements.
Prices
All our prices are both incl. and excl. VAT, ex warehouse SwitchICT.
Payment
Goods and services are delivered only when the full amount has been paid. Upon payment, you will receive an invoice from us. Like you, we have our payment obligations. If you delay your payment, this will incur costs for us. If this is legally permitted, we may charge you for the damage we suffer as a result (loss of interest and reasonable costs to still collect the outstanding amount).
Delivery time
We naturally always strive to deliver by the agreed time at the latest. If you so wish, you may cancel all or part of the purchase agreement in the event of late delivery, except where the seriousness of the delay does not justify this.
For products that are in stock, the expected delivery time is 1-7 business days. Current stock and expected delivery time are listed on the individual product pages. In certain cases, due to force majeure beyond our control, it may take slightly longer. Think of unforeseen changes in the schedule of the carrier or delivery problems at a supplier.
Warranty
– All our new products carry a minimum full one-year warranty. Exceptions are batteries, for which a different warranty period may apply. It may be that manufacturers or importers of certain components (such as hard disk) offer their own warranty. Warranty regarding new products should be arranged with the manufacturer yourself.
– A warranty can never limit a consumer’s legal rights, so in addition to the warranty granted, all other rights granted to you by law as a consumer apply without prejudice. Caution! We draw your attention to the fact that rights to the warranty can be forfeited if you make your own changes to the delivered products (both hardware and software).
– Refurbished (used) items are subject to a full 3-month warranty period. This period starts from the delivery date of the product.
– For refurbished (used) servers, a full 3-month warranty period applies unless otherwise specified. Any refurbished (used) hard drives installed are subject to a 3-month warranty period. Excluded from warranty are any installed batteries. This period starts on the delivery date of the product.
– Due to direct influence of use and possible installation of third-party software, warranty does not apply to all installed software with which our products are shipped.
– Software, activation keys and licenses are excluded from warranty and cannot be returned.
– Excluded from warranty are: batteries/batteries, keyboard and other input devices, monitors and other peripherals, breakage of housing, screen, other parts and water/heat damage.
Conformity
We guarantee that our products and services comply with the purchase agreement, the specifications stated in our offer, the reasonable requirements of soundness and usability and the legal provisions and government regulations existing on the date of conclusion of the purchase agreement.
Privacy Policy
We value a clear and transparent privacy policy and therefore the following rules apply: – only those personal data are collected that are necessary to maintain and improve our services to the customer, this includes the use of your name and address and email address for sending, for example, order confirmations, invoices, shipments, credits. But also mailing for advertising purposes are included here; – your personal data are processed, stored and managed in compliance with the applicable privacy laws; – all other data that come into the eyes of our employees are kept strictly confidential (documents, emails, etc.). Exceptions are criminal matters, including, among others, child pornography. As a consumer, you have the right to inspect your personal data. We will send you this data no later than two weeks after your request for inspection. At your request we will adjust or remove your data.
Retention of title
We retain ownership until the purchase is paid in full.
Distance sales (web stores)
When it comes to a so-called distance contract, commonly referred to as a distance purchase (for example, an order from a web store), special additional rules apply, which we have listed separately in 9.1 to 9.6. We speak of a distance purchase when it is a sales contract in which there is no direct contact between seller and consumer. Simply put: without both being in the same room. This therefore applies not only to purchases made via the Internet (web stores), but also telephone or written orders fall under the concept of distance selling. The most important part of a distance purchase is that the consumer has a cooling-off period of 14 days to abandon the purchase. Within that time he can use his right of withdrawal, the right to dissolve the sale.
Information
The information you receive prior to the purchase is such that you can properly evaluate the offer. In addition, you will receive clear information about your rights and obligations, such as: – the total price to be paid, including, for example, any disposal contribution or delivery costs; – the way in which the agreement is concluded; – whether or not the right of withdrawal applies; – the method of payment, delivery or performance of the agreement; – the period that the price or the possibility of accepting the offer applies; – the rates you have to pay if you want to contact us, when it is different from the basic rate; – access to the data we have stored about you; – the minimum duration of the distance contract if it is a continuous or periodic delivery of products or services. At the latest upon delivery of the product or service, you as the buyer will receive the following information: a. our visiting address, where a complaint can be lodged; b. the way in which you can make use of your right of withdrawal; c. information about existing after-sales services and guarantees; d. the data mentioned above in 9a, unless you have already received them before the execution of the agreement; e. the conditions for termination of the agreement if it lasts longer than one year or is of indefinite duration. You will receive this information in writing or in such a way that it can be easily stored by you on a, as it is legally called, durable data carrier (for example, a CD-ROM).
Confirmation and security
Once you have placed an order, you will receive a confirmation from us electronically (email). As long as this has not happened, you can still cancel the purchase by rescinding the contract. If you order via the Internet, we ensure the security of the exchanged data and a secure web environment.
Reflection period on delivery of products
1. When purchasing products, as a consumer you have a fourteen-day cooling-off period. The cooling-off period starts the day after you have received the product or it has been received on your behalf. During this period, you have the option to dissolve the agreement without having to give a reason. This is called the right of withdrawal.
2. During the cooling-off period you should handle the product and its packaging with care. This means that you only unpack or use the product to the extent necessary to judge whether you want to keep it. If you exercise your right of withdrawal, you should return the product to us with all delivered accessories and in its original condition and packaging. We will provide you with information on how to do this. This information must be reasonable and clear according to the law.
3. To exercise the right of withdrawal, you must inform us (SwitchICT, Den 29 9351ZR Leek, info@switchict.nl by an unequivocal statement (e.g. in writing by post or e-mail) of your decision to withdraw from the contract. To comply with the withdrawal period, it is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
4. If you exercise your right of withdrawal, at most you will have to pay the cost of return shipping.
5. If applicable, shipping costs already paid will not be refunded. These charges are listed on your invoice.
6. We will refund all other fees you have already paid as soon as possible, in any case no later than 30 days after the return or withdrawal.
Reflection period on delivery of services
1. When providing services, as a consumer you have a fourteen-day cooling-off period. The reflection period starts on the day the agreement is entered into. During this period, you have the possibility to dissolve the agreement without having to give a reason. This is called the right of withdrawal.
2. To exercise your right of withdrawal, we will provide you with information on how to do so with our offer, or at the latest when the service is provided. This information must be reasonable and clear according to the law.
3. To exercise the right of withdrawal, you must inform us (SwitchICT Den 29, 9351ZR Leek info@SwitchICT.nl) of your decision to withdraw from the contract by an unequivocal statement (e.g. in writing by post or e-mail). To comply with the withdrawal period, it is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
4. Any fees you have already paid will be refunded to you as soon as possible, in any case no later than 30 days after the withdrawal.
Exclusion of right of withdrawal
Sometimes there is no right of withdrawal for you as a consumer, but this must be clearly stated by us and before the contract is concluded. This concerns products:
1. brought about by us in accordance with consumer specifications;
2. that are clearly personal in nature;
3. that are sensitive to static electricity (e.g., memory modules and CPUs);
4. In which the seal has been broken;
5. which by their nature cannot be returned;
6. that can spoil or age quickly;
7. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
8. For single newspapers and magazines;
9. for audio and video recordings and computer software for which the consumer has broken the seal.
10. For products that are on clearance.
11. for products specifically purchased by SwitchICT for your order.
12. In the case of services, exclusion of the right of withdrawal is only possible if services are involved:
  1. concerning lodging, transportation, restaurant business or leisure activities to be conducted on a certain date or during a certain period;
  2. Whose delivery began with your express consent before the cooling-off period expired;
  3. Regarding betting and lotteries.
Cancellation and returns
A cancellation or return is only valid if confirmed in writing by SwitchICT.
In case of cancellation of the purchase agreement, we reserve the right to charge a minimum cancellation fee of 25% plus any costs incurred in relation to shipping, composition and configuration of your purchase.
In case of a return, the consumer shall bear the direct costs of the return shipment.
An order or purchase for which SwitchICT has had to purchase goods or services specifically for you cannot be cancelled.
Delivery and execution
1. Delivery will be made to the address you have provided to us. This is done as soon as possible but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be fulfilled or only partially fulfilled, you will be notified as soon as possible. The deadline for this is 30 days after you have placed the order. After this deadline you have the right to dissolve the purchase agreement without costs and the right to possible damages.
2. After dissolution, we will refund the amount you paid as soon as possible, but no later than 30 days after dissolution.
3. If delivery of a product ordered separately proves impossible, we will do our best to provide you with a replacement item. At the latest upon delivery, this will be communicated in a clear and comprehensible manner. If it is a distance purchase, you can still use your right of withdrawal. The cost of return shipment are in that case for our account.
4. The risk of damage and/or loss of products rests with us until the time of delivery to you, unless expressly agreed otherwise.
Complaints and complaints deadline
Because we want to provide our customers with the best possible service, we think it is important to hear from you if you have any complaints about the product you have purchased. Please do so – also to limit possible damages – as soon as possible. According to the law, a complaint is made in time if it is made within two months of discovery. This also applies in the event that the purchased product does not have the properties that you could expect under the purchase agreement. It is in your interest to make your complaints known in writing. If you submit a complaint to us, it will be answered within 14 days at the latest. If we need more time to do so, we will let you know within 14 days when you can expect an answer.

General Terms and Conditions Business Market

General
1. In these terms and conditions, SwitchICT located in Leek, is referred to as SwitchICT and its contract partner as customer.
2. These general conditions apply to all quotations of and agreements with SwitchICT.
3. In addition to these terms and conditions, SwitchICT may apply additional terms and conditions specific to the type of transaction or nature of the work. The additional conditions are part of these general conditions.
4. A buyer, who has contracted SwitchICT according to these general conditions, is deemed to have tacitly agreed to any subsequent orders or agreements to be entered into by him orally, in writing or by e-mail.
Quotes
1. Quotes are without obligation unless otherwise stated in the quote.
2. SwitchICT’s price lists and price quotations do not constitute an offer.
Establishment of the agreement
Agreements are established only after an order or repair order from SwitchICT has been assessed for feasibility. SwitchICT has the right, without giving reasons, not to accept orders or assignments or only to accept under the condition that the shipment after advance payment, in which case the customer is informed accordingly.
Images
1. All images, drawings, data on weights, dimensions, colors, etc. included in price lists and brochures are only approximate and cannot be a reason for compensation and/or dissolution.
2. All by or on behalf of SwitchICT made designs, images, etc. as referred to in paragraph 1 remain the property of SwitchICT and without express written permission may not be copied or otherwise reproduced, nor shown to third parties or used in any way.
3. The customer is required to return these data to SwitchICT on first request on pain of a penalty for the benefit of SwitchICT of € 253.78 per day, for each day that the contractor is in default.
Prices
1. SwitchICT’s goods are delivered at the prices in effect on the date of shipment from SwitchICT’s warehouse. The services of SwitchICT shall be rendered at the price calculated by SwitchICT after rendering the services in its usual manner.
2. For orders below a certain net value, a shipping and handling fee may be charged. The cost of express shipping shall be borne by the customer only when the customer has requested such a mode of shipping.
3. All prices are shown incl. and excl. VAT, on the webshop.
Shipping/delivery
1. All goods/items will not be delivered until the full invoice amount has been paid.
2. Unless otherwise agreed in writing, SwitchICT shall determine the method of shipment. In case SwitchICT has chosen the method of shipment, the goods travel at the risk of SwitchICT. The buyer shall bear the risk of the goods from the time the goods are offered to the address provided for receipt. SwitchICT always offers you the opportunity to pick up ordered item (s).
3. The customer is obliged to take delivery of the goods upon delivery. Failing this, the goods will be stored at the customer’s expense and risk.
4. In the event that the customer has not collected the goods from the storage place to be specified by SwitchICT within three months thereafter despite a demand to that effect, SwitchICT shall be entitled at its option to sell the goods privately or publicly and to recover from the proceeds all that it has to claim from the customer, without prejudice to the rights due to SwitchICT.
Delivery times
1. The delivery period begins when all technical details have been agreed and after all data and drawings necessary for the execution of the contract are in SwitchICT’s possession.
2. Stated delivery times are considered to be approximate.
3. The agreed delivery terms shall not mean that SwitchICT after the expiry thereof is in default by operation of law, but this shall always require a further written notice of default, in which SwitchICT shall be granted a period of at least 14 days to comply with its obligations.
4. Exceeding a delivery period never gives the customer the right to any compensation, termination of the contract or any other action against SwitchICT. This is different only in case of intent or gross negligence of SwitchICT or its management or if the delivery period is exceeded by more than three months. If then, the customer is entitled to terminate the agreement, however, without being able to claim any compensation.
Views
1. The goods delivered by SwitchICT shall be considered as sight shipments for shows, exhibitions and for other purposes to be specified by SwitchICT only if SwitchICT has confirmed this in advance in writing.
2. Also on sight shipments are all provisions of these general conditions apply, albeit that the customer is deemed to have ordered the delivered goods for themselves and the customer owes the then applicable purchase price, if the goods are not immediately after the end of the period to be specified in the confirmation at the expense and risk of the customer to the address to be given by SwitchICT returned in the original packaging and in the condition in which SwitchICT delivered these goods to the customer.
Payment
1. Payment shall, if not otherwise agreed in writing, in advance by bank or by iDeal / Credit Card. SwitchICT sends an invoice after receipt of payment. Goods are only delivered if the full invoice amount is paid.
2. Payments made by the buyer shall always serve to pay interest and costs due and then due and payable invoices that have been outstanding the longest, even if the buyer states that the payment relates to a later invoice.
3. If the customer has not paid the invoice in cash on the due date, interest of 1.5% on the outstanding amount per month is payable to SwitchICT without prior notice, whereby a month commenced for a whole is counted.
4. If the customer has not paid the amount owed by him within the prescribed period and SwitchICT has proceeded to collection of the claim by judicial or other means, the customer shall be liable to SwitchICT to pay compensation for the related costs in accordance with the collection rate of Lawyers, but with a minimum of € 113.45 per invoice.
5. Late payment gives SwitchICT the right on its part to suspend or terminate its performance under the present and / or other agreements with the customer, without the customer is entitled to compensation or termination of the agreement and without prejudice to the right of any loss, loss of profits and further consequential damages.
6. SwitchICT is at all times entitled to demand that the customer provides adequate security for the payment of the performances to be performed by SwitchICT, all this in a manner to be specified by SwitchICT.
7. The buyer is not permitted to apply set-off.
8. Complaints and/or warranty claims taken into consideration do not entitle to payment deferral or partial payment.
9. SwitchICT is not in a current account relationship with any of its customers.
Retention of title and lien
1. Ownership of the delivered goods is expressly reserved by SwitchICT until full payment, including compensation for all costs and interest, including earlier and later deliveries and services rendered, as well as damages claims for failure to perform, has occurred.
2. The customer is not free without written permission from SwitchICT the goods before to alienate, rent, assign to use or outside its business to move, pledge or otherwise encumber.
3. The customer undertakes at the first request of SwitchICT to make the goods available to SwitchICT and hereby irrevocably authorizes SwitchICT or persons designated by SwitchICT, the place where the goods are located, to enter in order to take away the goods.
4. SwitchICT, in accordance with the provisions under 1, provides the ownership of the said goods to the customer at the time that the customer has fulfilled all its obligations, but subject to pledge of SwitchICT for the benefit of other claims that SwitchICT has on the customer. The customer shall at the first request of SwitchICT to cooperate in actions required in that context, under penalty of a penalty of € 253.78 for each day that the customer remains negligent in this regard.
5. Goods or parts thereof, which are replaced pursuant to a repair order or warranty, thereby become or remain the property of SwitchICT until full payment of all that SwitchICT of the customer has to claim, has taken place.
Recover
1. revise the invoice and change the invoice amount accordingly;
2. replace the delivered item with an item with the same specifications or repair the replaced items or parts to SwitchICT;
3. take back the delivered goods and dissolve the agreement, refunding the invoice amount paid by the buyer without being liable for any compensation.
4. Reclamations in general and complaints about invoices must be made known to SwitchICT in writing and with a proper description of the complaint within eight days after receipt of the goods or invoices, or within eight days after any defect in the goods is discovered or should have been discovered. After the expiry of this period SwitchICT is deemed to have fulfilled its obligations correctly and it is assumed that the buyer recognizes the goods or invoices as correct.
5. Recoveries never give the buyer the right to suspend its payments.
6. If a recovery is found by SwitchICT to be justified, SwitchICT has the right at its option:
7. In such a case, the customer shall provide SwitchICT with immediate opportunity to repair any defects.
8. Any return of goods to or from the customer is at the expense and risk of the customer. SwitchICT accepts returned goods only if and to the extent that it agrees to this return in writing in advance, and then only when these goods are delivered to the address SwitchICT to be given in the original packaging and in the condition in which SwitchICT delivered these goods to the customer. The customer must always return the articles shockproof and if necessary anti- SwitchICT packaged and insured.
9. Software and new items such as memory modules, etc whose seal has been broken can never be returned.
Warranty
1. SwitchICT warrants the quality of the services provided by it to the best of its knowledge and ability and the soundness and good quality of the goods supplied by it, provided that the warranty does not go beyond the following provisions.
2. All our new products are covered by at least a full one-year warranty. Exceptions are batteries, for which a different warranty period may apply. Manufacturers or importers of certain components (such as hard disk) may offer their own warranty. Warranty regarding new products should be arranged with the manufacturer.
  For refurbished (used) items, a full warranty period of 3 months applies. This period starts on the delivery date of the product.
  For refurbished (used) servers, a full warranty period of 3 months applies unless otherwise specified. This period starts on the delivery date of the product.
3. If the customer has given SwitchICT an order to repair and has not collected the issued item within three months after the issue date, upon payment of the amount due on account of examination or repair, it shall be deemed to have relinquished the item surrendered for repair for the benefit of SwitchICT. The customer shall then indemnify SwitchICT for all claims by third parties in relation to this item.
4. By the customer within the warranty period demonstrated and to SwitchICT culpable errors, defects or imperfections – to the extent covered by the warranty referred to in this article – are at the expense of SwitchICT as soon as possible repaired, replaced, or taken back against credit.
5. On assembled products and parts, nor on consumables (drums, toners and ribbons, etc.) SwitchICT provides warranty, unless a warranty is expressly promised in writing.
6. The customer must deliver the items eligible for replacement or repair at his own expense and risk to the address to be given by SwitchICT.
7. For goods with a warranty certificate enclosed by other than SwitchICT applies, to the extent different from the provisions of these conditions, the provisions of these conditions.
8. The buyer cannot invoke the warranty provisions:
  1. If the customer has neglected the goods
  2. if the customer has made changes to the goods or has had changes made, including repairs not made by or on behalf of SwitchICT.
  3. in case of injudicious or careless use, wrong connection, wrong mains voltage, lightning strike, damage due to moisture ingress or other external causes or calamities.
  4. if the device has not been maintained in the usual manner or as described in the operating instructions.
  5. if the device is used with unsuitable or incorrect accessories.
  6. If the customer has otherwise treated the items negligently.
9. Due to direct influence of use and possible installation of third party software, warranty does not apply to all installed software with which our products are supplied.
Trademark
The factory or trademarks or type or identification numbers or marks, which are affixed to the items delivered by SwitchICT, may not be removed, damaged or altered.
Liability limitations
1. due to non, or untimely delivery;
2. For data in leaflets, catalogs, advertising materials, quotations and the like.
3. in case of non-attributable failures (force majeure), as referred to in Article 15;
4. if the buyer himself or a third party repairs the delivered goods, makes changes to them, uses them for purposes other than for which they are suitable or intended, overloads the delivered goods and otherwise uses them improperly;
5. for the property of third parties which in connection with repair, storage or for any reason whatsoever in the premises of SwitchICT;
6. for business and/or consequential damages, from any cause whatsoever; G: for damages caused by intent or gross negligence of auxiliary persons;
7. For damages caused by supplied software;
8. for damages resulting from loss of any data recorded on magnetic data carriers;
9. for damage caused by the use of a modem connected to the telephone network, including loss of data, theft of data, improper transmission of data, corruption of data or other files as well as telephone lines remaining open
10. SwitchICT, nor third parties it involves for the purpose of the conclusion or implementation of any agreement, are liable for any damages arising from and related to the agreement, which the customer or any third party involved by it in the implementation of the agreement may suffer, directly or indirectly, regardless of the cause.
11. Without prejudice to the foregoing, SwitchICT shall in any event never be liable:
12. If SwitchICT in any case, notwithstanding the above, is liable for any damage, SwitchICT only accepts liability to the extent that such liability is covered by its insurance, up to the amount of the payment made by the insurance.
13. If the insurance in any case does not pay, SwitchICT is never liable for more than the invoice amount for the relevant agreement.
14. The customer shall indemnify SwitchICT for all third party claims against SwitchICT.
15. The exclusions or limitations of liability included in these conditions do not apply to the extent that the damage is the result of intent or gross negligence of SwitchICT or its managerial subordinates.
Non-attributable deficiencies
1. If after the conclusion of the agreement SwitchICT can not be fulfilled as a result of circumstances that at the time of the conclusion of the agreement could not reasonably be expected or could not be known to SwitchICT, this applies to the customer for SwitchICT as a non-attributable failure (force majeure).
2. Circumstances referred to under 1 include in any case strike, government measures, delays in supply, export prohibition, riots, war, natural disasters, mobilization transport impossibilities, import restrictions, negligence of suppliers and / or manufacturers of SwitchICT and auxiliary persons, illness of staff, defects in auxiliary or transport equipment, lockouts or other labor disturbances and events which SwitchICT is not reasonably insurable.
3. SwitchICT is entitled in case of force majeure to suspend its obligations. SwitchICT is also entitled to terminate the agreement in whole or in part, or to demand that the content of the agreement is amended in such a way that the implementation remains possible. In no event shall SwitchICT be liable to pay any penalty or damages. SwitchICT retains the right to payment for work already done and costs incurred.
4. SwitchICT has no authority to suspend if compliance is permanently impossible or the temporary impossibility continues for more than six months. In these cases, the agreement can be terminated by the most diligent party, without, however, the customer is entitled to compensation for any damages.
Dissolution
1. If the customer does not, not timely or not properly comply with its obligations to SwitchICT, as well as if his bankruptcy is / is filed for, he is declared bankrupt, he requests suspension of payments, or to his creditors or part of them offers a settlement or agreement, furthermore in case of seizure of its assets or part thereof, or he sells or liquidates his business, and in case of death, receivership or if he otherwise loses control or management of his business, business or part thereof, the customer is legally in default and any claim that SwitchICT has or obtains at its expense, is immediately and immediately payable without any notice is required.
2. In cases mentioned under 1, SwitchICT has the right, without any notice, for its part, to suspend the further implementation of the agreement or terminate it in whole or in part.
3. SwitchICT is at all times authorized at that time to claim damages from the buyer, as well as to take back the delivered goods.
4. In case the customer wishes to terminate the agreement, he shall at all times first put SwitchICT in default in writing and grant it a reasonable period to still comply with its obligations, or shortcomings to repair, which shortcomings the customer must accurately describe in writing.
5. The buyer shall not be entitled to rescind the agreement in whole or in part or to suspend its obligations if it has itself already defaulted on its obligations.
6. In case of partial termination, the customer can not claim undo performance already performed by SwitchICT, and SwitchICT is fully entitled to payment for the performance already performed by it.
Applicable law/competent court
1. All agreements are governed by Dutch law.