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Consumer Terms

1. All Agreements in Writing

We aim to record all agreements regarding price, product specifications, delivery time, payment schedule, etc. in writing. Supplementary agreements are also documented in writing. Agreements regarding repairs are likewise recorded in writing. You may therefore only rely on agreements that have been documented and confirmed in writing.

2. Prices

All our prices are listed both including and excluding VAT, ex-warehouse SwitchICT.

3. Payment

Goods and services are only delivered once the full amount has been paid. Upon payment, you will receive an invoice from us. Like you, we have payment obligations. If you delay your payment, this may incur costs for us. Where legally permitted, we may charge you for any damages we suffer as a result (interest loss and reasonable collection costs).

4. Delivery Time

We naturally strive to deliver by the agreed date at the latest. If you wish, you may dissolve the purchase agreement in whole or in part in case of late delivery, except where the severity of the delivery delay does not justify this.

For products in stock, the expected delivery time is 1–7 business days. Current stock levels and expected delivery times are listed on individual product pages. In certain cases, due to force majeure beyond our control, delivery may take slightly longer, for example unforeseen changes in carrier schedules or supply problems at a supplier.

5. Warranty

• For all our new products, a minimum full warranty of one year applies. Batteries are excluded and may have a different warranty period. Manufacturers or importers of certain components (such as hard disks) may offer their own warranty. Warranty for new products must be handled directly with the manufacturer.
• A warranty can never limit the statutory rights of a consumer; in addition to the warranty provided, all other rights granted to you by law as a consumer remain in full force.
• Please note: warranty rights may be voided if you make changes to the delivered products (both hardware and software).
• For refurbished (used) items, a full warranty period of 3 months applies, starting from the delivery date.
• For refurbished (used) servers, a full warranty period of 3 months applies unless stated otherwise. Installed refurbished hard disks carry a 3-month warranty. Installed batteries are excluded from warranty.
• Due to the direct impact of usage and potential installation of third-party software, warranty does not apply to any pre-installed software.
• Software, activation keys, and licences are excluded from warranty and cannot be returned.
• Excluded from warranty: batteries, keyboards and other input devices, screens and other peripherals, housing damage, screen damage, other component damage, and water/heat damage.

6. Conformity

We guarantee that our products and services comply with the purchase agreement, the specifications stated in our offer, the reasonable requirements of fitness and usability, and the legal provisions and government regulations in effect on the date the purchase agreement was concluded.

7. Privacy

We attach great importance to a clear and transparent privacy policy. Please refer to ourPrivacy Policyfor full details.

8. Retention of Title

We retain ownership of delivered goods until the purchase has been fully paid.

9. Distance Selling (Webshops)

For distance selling agreements (e.g. orders placed via a webshop), special additional rules apply. A distance sale occurs when a purchase agreement is concluded without direct contact between seller and consumer. This includes purchases via the internet, telephone, or written orders.

The most important aspect of a distance sale is that the consumer has a reflection period of 14 days in which to withdraw from the purchase (right of withdrawal).

10. Information

The information you receive prior to purchase is sufficient to allow you to properly assess the offer. You will also receive clear information about your rights and obligations, including total price, how the agreement is concluded, whether the right of withdrawal applies, payment method, delivery terms, and the validity period of the offer.

11. Confirmation & Security

As soon as you place an order, you will receive an electronic confirmation (email). Until this has been received, you may still withdraw from the purchase. For internet orders, we ensure secure data exchange and a safe web environment.

12. Reflection Period for Products

1. When purchasing products, you have a reflection period of fourteen days as a consumer. This period begins on the day after you receive the product.
2. During the reflection period, you must handle the product and packaging with care. You may only unpack or use the product to the extent necessary to assess whether you wish to keep it.
3. To exercise the right of withdrawal, you must notify us (SwitchICT, Den 29, 9351 ZR Leek, info@switchict.nl) by means of an unambiguous statement (e.g. by post or email).
4. If you exercise your right of withdrawal, you will at most bear the costs of return shipping.
5. Where applicable, shipping costs already paid will not be refunded. These costs are listed on your invoice.
6. All other costs already paid will be refunded as soon as possible, at the latest within 30 days after return or withdrawal.

13. Reflection Period for Services

1. For services, you have a reflection period of fourteen days as a consumer, beginning on the day the agreement is entered into.
2. To exercise your right of withdrawal, we will provide you with information on how to do so at the time of our offer or upon delivery of the service.
3. To exercise the right of withdrawal, contact us at SwitchICT, Den 29, 9351 ZR Leek, info@switchict.nl.
4. All costs already paid will be refunded as soon as possible, at the latest within 30 days after withdrawal.

14. Exclusion of Right of Withdrawal

In certain cases, there is no right of withdrawal. This applies to products:

1. Made to the consumer's specifications
2. That are clearly personal in nature
3. That are sensitive to static electricity (e.g. memory modules and CPUs)
4. Whose seal has been broken
5. That by their nature cannot be returned
6. That can quickly deteriorate or expire
7. Whose price is subject to financial market fluctuations beyond our control
8. Individual newspapers and magazines
9. Audio and video recordings and computer software whose seal has been broken
10. Products purchased on clearance
11. Products specially ordered by SwitchICT for your order

15. Cancellation & Returns

A cancellation or return shipment is only valid when confirmed in writing by SwitchICT. In case of cancellation, we reserve the right to charge a minimum of 25% cancellation costs plus any costs incurred for shipping, assembly, and configuration. For return shipments, the consumer bears the direct costs of return shipping. Orders for which SwitchICT has specially purchased goods or services cannot be cancelled.

16. Delivery & Execution

1. Delivery is to the address you have provided, as quickly as possible but no later than 30 days unless a longer delivery period has been agreed. If delivery is delayed, you will be notified as soon as possible.
2. After dissolution, we will refund the amount you paid as soon as possible, at the latest within 30 days.
3. If delivery of a separately ordered product proves impossible, we will do our best to provide a replacement item.
4. The risk of damage and/or loss of products rests with us until the moment of delivery to you, unless expressly agreed otherwise.

17. Complaints

We want to provide optimal service and therefore find it important to hear from you if you have complaints about your purchased product. Please report any issues as soon as possible. According to the law, a complaint is made in time if it is reported within two months of discovery. If you file a complaint, it will be answered within 14 days at the latest.

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Business Customer Terms

1. General

1. In these terms, SwitchICT, based in Leek, is referred to as SwitchICT and its contract partner as the buyer.
2. These general terms and conditions apply to all offers and agreements with SwitchICT.
3. SwitchICT may apply additional terms specific to the type of transaction or nature of the work.
4. A buyer who has contracted SwitchICT under these terms is deemed to have tacitly agreed to the applicability of these terms for any subsequent orders or agreements.

2. Quotations

Quotations are non-binding unless stated otherwise. Price lists and price indications from SwitchICT do not constitute a quotation.

3. Formation of Agreement

Agreements are only concluded after SwitchICT has assessed the feasibility of an order or repair assignment. SwitchICT reserves the right to reject orders or accept them only subject to prepayment.

4. Images

All images, drawings, specifications regarding weights, dimensions, colours, etc. in price lists and brochures are approximate and cannot give rise to compensation and/or dissolution.

5. Prices

Goods are delivered at the prices in effect on the date of shipment from SwitchICT's warehouse. Services are invoiced at the price calculated by SwitchICT after the services have been performed. All prices are listed including and excluding VAT.

6. Shipping / Delivery

All goods are only delivered once the full invoice amount has been paid. Unless otherwise agreed in writing, SwitchICT determines the shipping method. The buyer is obligated to accept the goods upon delivery.

7. Delivery Times

Stated delivery times are approximate. Exceeding a delivery time does not entitle the buyer to any compensation, dissolution of the agreement, or other action against SwitchICT, unless the delivery time is exceeded by more than three months, in which case the buyer may dissolve the agreement without compensation.

8. Approval Shipments

Goods delivered by SwitchICT are only considered approval shipments when SwitchICT has confirmed this in writing in advance.

9. Payment

1. Unless otherwise agreed in writing, payment must be made in advance by bank transfer or iDeal / credit card.
2. Payments made by the buyer are always applied first to outstanding interest and costs, then to the oldest outstanding invoices.
3. If the buyer fails to pay the invoice by the due date, interest of 1.5% per month on the outstanding amount is due without prior notice of default.
4. If the buyer fails to pay within the stated term and SwitchICT proceeds to collect the claim, the buyer is obligated to pay collection costs with a minimum of €113.45 per invoice.

10. Retention of Title & Lien

Ownership of delivered goods is expressly reserved by SwitchICT until full payment, including all costs and interest, has been made. The buyer is not permitted to sell, rent, or pledge the goods without written consent from SwitchICT.

11. Reclamation

Reclamations and complaints about invoices must be made in writing within eight days of receipt of the goods or invoices. After this period, SwitchICT is deemed to have fulfilled its obligations correctly.

12. Warranty (Business)

1. SwitchICT guarantees the quality of its services and the soundness and good quality of its delivered goods.
2. For new products: minimum one year full warranty. For refurbished items: 3 months. For refurbished servers: 3 months unless stated otherwise.
3. Defects reported within the warranty period and attributable to SwitchICT will be repaired, replaced, or credited at SwitchICT's expense.
4. No warranty applies to assembled products, consumables, or cases involving neglect, unauthorised modifications, improper use, incorrect voltage, lightning, moisture damage, or use with unsuitable accessories.
5. Warranty does not apply to pre-installed software due to the direct impact of usage and third-party software installation.

13. Trademarks

Factory or trade marks, type numbers, or identification marks on goods delivered by SwitchICT may not be removed, damaged, or altered.

14. Limitation of Liability

SwitchICT, nor third parties engaged by SwitchICT, are liable for any damage arising from or related to the agreement. SwitchICT is in no event liable for: non-delivery or late delivery; data in brochures or catalogues; force majeure; unauthorised modifications or repairs by the buyer; damage to third-party property; consequential or business losses; damage caused by software; loss of data on magnetic media; or damage caused by modem use.

If SwitchICT is held liable, its liability is limited to the amount covered by its insurance, or if insurance does not pay out, to the invoice amount for the relevant agreement.

15. Force Majeure

If SwitchICT cannot fulfil the agreement due to circumstances that were not reasonably foreseeable at the time of conclusion, this constitutes force majeure. This includes, but is not limited to: strikes, government measures, supply delays, export bans, riots, war, natural disasters, transport impossibilities, supplier negligence, and staff illness.

16. Dissolution

If the buyer fails to fulfil its obligations, or in case of bankruptcy, suspension of payment, seizure of assets, or liquidation, all SwitchICT claims become immediately due and payable. SwitchICT then has the right to suspend or dissolve the agreement.

17. Applicable Law

Dutch law applies to all agreements.

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SwitchICT · Den 29, 9351 ZR Leek, The Netherlands · KVK: 89838998 · VAT: NL004765245B60