TERMS AND CONDITIONS - SECONDTECH
Effective date: 01-01-2023
These general terms and conditions are translated. The Dutch version prevails in case of imperfections, contradictions or ambiguities in the translation.
Art. 1 - Definitions
In these terms and conditions the following definitions are defined:
Secondtech: the company exploited by Kugel Adviesbureau, registered with the Chamber of Commerce under number 51402963.
Client: the party that assigns an order to Secondtech.
Counterparty: the party with whom Secondtech has or gets an agreement.
Customer: the party that proceeds to purchase a good.
Consumer: the natural person who does not act in the role of a profession or business and who has an agreement with Secondtech.
Day: calendar day.
Agreement: the conditions on the basis of which Secondtech and the client operate.
Right of withdrawal: the possibility for a consumer to withdraw from the contract within the cooling-down period.
Reflection period: the period within which the consumer can make use of the right of withdrawal for purchases.
Good: products and/or services offered, to be delivered to another party on the basis of an agreement or quotation.
Activities: activities performed by Secondtech as described in an agreement.
Art. 2 - Identity of Secondtech
SecondTech - Kugel Adviesbureau
Chamber of Commerce: 51402963
BIC / SWIFT: ABNANL2A
Art. 3 - Applicability
1. These terms and conditions apply to every offer from Secondtech and to every agreement concluded between Secondtech and its counterparty.
2. Before an agreement is concluded, the text of these terms and conditions will be made available to the client. If this is not reasonably possible before the contract is concluded, Secondtech will indicate that the terms and conditions can be read at Secondtech and they will be sent free of charge at the request of the client.
3. If a distance contract is concluded electronically, notwithstanding the previous paragraph and before the contract is concluded, the text of these terms and conditions can be made available electronically to the client in such a way that it can be easily stored on a durable medium. If this is not reasonably possible before a distance contract is concluded, Secondtech will indicate where the terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the client.
4. In the event that specific product or service conditions apply in addition to these terms and conditions, as described in an agreement, the second and third paragraphs apply and the counterparty can use the applicable provision that is most favorable to him.
Art. 4 - Offer
1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. An offer from Secondtech contains an accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the counterparty. If Secondtech uses images, they are a true representation of the products offered unless stated otherwise. Apparent mistakes or errors in the offer are not binding on the side of Secondtech.
3. The product details indicated by Secondtech are indicative and no rights can be derived from them.
4. Each offer contains such information that it is clear to the counterparty what rights and obligations are applicable to the acceptance of the offer.
5. All quotations and offers from Secondtech are without obligation. No rights can be derived from a quotation or offer in any way if the item to which the quotation or offer relates has become unavailable in the meantime or if there is an obvious mistake or error.
6. Secondtech cannot be held to its quotations or offers if the counterparty can reasonably understand that the offer, or any part thereof, contains an obvious mistake or error.
7. If the offer or quotation is based on information from the client and this information proves to be incorrect or incomplete or changed, Secondtech has the right to review the content of the offer, including price.
Art. 5 - Agreements
1. The agreement is concluded, subject to the provisions of these terms and conditions, at the time of acceptance of the offer by the counterparty and the fulfillment of the corresponding conditions.
2. If the counterparty has accepted the offer electronically, Secondtech will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the counterparty can terminate the agreement.
3. If the agreement is concluded electronically, Secondtech will take appropriate technical and organizational measures to protect the electronic transfer of data and Secondtech will ensure a safe web environment. If the counterparty can pay electronically, Secondtech will provide appropriate security measures.
4. The customer accepts the risks and the condition of the product or products as stated in the agreement and website. Secondtech cannot give any guarantee in this respect other than stated in these terms and conditions.
Art. 6 - Prices
1. During the period of validity stated in an offer, the prices of the goods offered to the counterparty will not be increased by Secondtech. An exception to this are price changes as a result of changes in tax rates.
2. If a price is incorrectly stated and this has been communicated to the customer by Secondtech, the customer has the right to cancel the order or have the order executed at the correct price.
3. If there is a cross-border supply of goods, Secondtech will, in accordance with applicable (international) laws and regulations, apply VAT when needed.
4. Unless otherwise agreed with the counterparty, Secondtech will charge the customer the price agreed in an agreement in advance of an delivery.
Art. 7 - Payment
1. For orders executed using the website, payment must be made during the ordering process, using one of the indicated payment methods.
2. The customer has the obligation to report inaccuracies in payment data provided or stated to Secondtech without delay.
3. In the event of default by the customer, Secondtech has the right, subject to legal restrictions, to charge any costs that have been made in advance to the customer.
4. Payments must be made within the term specified in the applicable agreement.
5. Secondtech is entitled to suspend the delivery or to terminate the agreement if the customer does not meet the payment obligations.
6. The applicable goods are delivered under retention of title.
Art. 8 - Delivery and implementation
1. Secondtech will take the greatest possible care when delivering goods to the customer in accordance with an agreement.
2. The place of delivery is the address that a customer has made known to Secondtech.
3. Subject to what is stated in these terms and conditions, Secondtech will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period applies and this is agreed upon with the customer. If delivery is delayed, or if an order cannot or can only be partially executed, the customer will be notified. In that case, the customer has the right to dissolve the agreement without costs.
4. In case of dissolution in accordance with the previous paragraph, Secondtech will, where applicable, refund the amount that the customer has paid in accordance with the agreement as soon as possible, but no later than 30 days after dissolution.
5. If products are shipped or transported by Secondtech, Secondtech will be responsible for the risk of damage and/or loss of products until the moment of delivery to the counterparty, unless expressly agreed otherwise.
6. Delivery to PO box numbers, reply numbers and military addresses is excluded.
Art. 9 - Right of withdrawal upon delivery of products
1. When purchasing products, the consumer, a natural person, has the option to dissolve the contract without giving any reason during 14 days. This reflection period commences on the day after receipt of the product in question by the consumer or a representative previously designated and announced to Secondtech by the consumer. After the consumer has registered a product as a return, the consumer has a 14 additional days to return the product.
2. During both periods mentioned, the consumer must handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to assess whether he/she wishes to keep the product. If the consumer makes use of the right of withdrawal, the consumer will return the product to Secondtech with all accessories and - if reasonably possible - in the original condition and packaging, in accordance with the instructions provided by Secondtech.
Art. 10 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal and meets the conditions described in these terms and conditions, at most the costs of return will be for his account.
2. If a consumer makes use of his right of withdrawal, but does not return the entire order, both the (possible) additional shipping costs and the costs of return are for his account.
3. If the consumer has paid an amount, Secondtech will refund this amount in the event of withdrawal as soon as possible, but no later than 14 days after the return or cancellation.
Art. 11 - Exclusion of right of withdrawal
1. If the right of withdrawal partly or wholly does not apply to an agreement or case, Secondtech must clearly state this in the offer, before an agreement is concluded.
2. The right of withdrawal only applies to private final consumers.
Art. 12 - Warranty conditions
1. Warranty can only be invoked by the first owner of the relevant product ordered from Secondtech by means of an agreement.
2. The warranty is not transferable.
3. A warranty period of 14 days after receipt is given for used products.
4. New Old Stock (NOS) products have a warranty period of 30 days.
5. Claims under warranty must be submitted to Secondtech for inspection, with the offer of the relevant product and a valid proof of purchase.
Art. 13 - Scope of warranty
1. During the warranty period, all products where Secondtech has determined, after contact with the customer, that there is a product error can be returned.
2. If a customer returns a product under a warranty claim honored by Secondtech, Secondtech will refund the purchase amount, as stated in the purchase agreement, as soon as possible, but no later than 14 days after the return or cancellation.
3. Costs of transporting the product to Secondtech will be paid by the customer.
Art. 14 - Warranty exclusions
1. No warranty is given on products that are subject to wear.
2. The warranty is not applicable in the following cases:
2.1. Improper and/or careless use of the product and use that is not intended.
2.2. The product has not been maintained in accordance with the instructions prescribed by the manufacturer.
2.3. Technical repairs have not been carried out professionally.
2.4. Retrofitted parts do not correspond to the technical specification of the respective product or are incorrectly assembled.
3. If it is stated at the time of purchase that the product in question does not function (in part), the warranty lapses.
4. The warranty is limited to damage in a delivered part. For other forms of damage warranty is excluded.
Art. 15 - Liability
1. A warranty claim honored by Secondtech is limited to paying out the purchase amount of a returned product. Secondtech's liability never extends further than described in these terms and conditions. Any liability of Secondtech regarding consequential damage is expressly excluded.
2. Secondtech is not liable for indirect damage as a result of delivered goods, including loss of profit, missed savings, damage due to business interruption, damage as a result of injury and consequential damage.
3. Secondtech's liability after delivery is limited to the reimbursement of the purchase price of the delivered products.
4. Secondtech is not liable for damage caused by force majeure.
5. Secondtech is not liable for damage that has arisen as an (indirect) consequence of incorrect and / or incomplete information provided by the counterparty.
6. Secondtech is not liable for damage caused by improper use of goods, wear due to use of goods, improper maintenance, installation, processing and / or processing of goods.
7. The counterparty is liable for all damage on the part of Secondtech, directly or indirectly caused as a result of default of the counterparty with regard to compliance with what it is obliged to Secondtech.
8. If Secondtech is liable for any damage not covered under a liability insurance, each liability is limited to a maximum of the amount invoiced, limited to that part of the agreement to which the liability is related.
Art. 16 - Complaints procedure
1. Secondtech has a complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of an agreement must be submitted to Secondtech within a reasonable time, fully and clearly described, after the counterparty has discovered the defects.
3. Complaints submitted to Secondtech will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Secondtech will reply within the period of 14 days with a message of receipt and an indication when the counterparty can expect a more detailed answer.
Art. 17 - Force majeure
1. Force majeure means any shortcoming that cannot be attributed to Secondtech, because it is not due to its fault and is not for its account under law, legal act or prevailing views.
2. Without prejudice to the other rights to which it is entitled, Secondtech has the right in the event of force majeure, at its option, to suspend the execution of an agreement, or to dissolve the agreement without judicial intervention, such by the customer in writing and this without Secondtech being obliged to pay any compensation, unless this would be unacceptable in the circumstances according to standards of reasonableness and fairness.
3. If, at the time of the occurrence of force majeure, Secondtech has partially fulfilled its obligations under the agreement or will be able to fulfill them, and the part fulfilled or to be fulfilled has independent value, Secondtech is financially entitled to the part already fulfilled or to be fulfilled. This will be invoiced separately. The counterparty is obliged to pay this invoice.
Art. 18 - Disputes
1. Only Dutch law applies to agreements between Secondtech and the customer to which these terms and conditions apply.
2. If these terms and conditions have been drawn up in another language, the Dutch version will prevail in case of imperfection, contradiction or ambiguity in the translation.
3. The applicability of the Vienna Sales Convention is excluded.
4. Disputes between parties will be submitted exclusively to the competent court in the Netherlands.
5. The language of instruction for any legal proceedings is Dutch.
Art. 19 - Disclaimer
1. Although the greatest possible care is taken when compiling product related information, the accuracy or completeness of the information cannot be guaranteed.