General Terms and Conditions B2B

General Terms and Conditions for Business to Business transactions

Version 01-06-2023

General

These general terms and conditions apply to all transactions between Computerdokter and business customers (business-to-business). In case of doubt, the interests of Computerdokter are given priority.

Identity of the Contractor

• Computerdokter / Computerdokter aan Huis / CreaCom ICT
• Columbusstraat 79a, 2561 AC The Hague
• Phone: (070) 362 09 63
• WhatsApp/SMS: 06 48 0800 70
• Email: info@computerdokter.nl
• VAT: NL.001957197.B15
• Chamber of Commerce: 27.147479
• Member of the ICTWaarborg industry organization

Article 1: All Agreements in Writing

1.1    We strive to document our agreements on price, characteristics of the product to be delivered, delivery time, payment time, etc., in writing as much as possible. Additional agreements are also documented in writing.

Article 2: The Offer

2.1    If our offer (and its price) has a limited validity period or is subject to conditions, this will be stated in the offer.

2.2    The offer for products is valid while supplies last.

2.3    We will describe the offered products/services in such a way that you can make a proper assessment. The images included with the offer are truthful; if this is not possible, it will be stated.

2.4    For digital products, it will be indicated whether the products are secured.

2.5    If applicable, we will state for which hardware and/or software the offered products/services are suitable.

Article 3: The Price

3.1 Our prices are exclusive of VAT and additional costs such as shipping and delivery costs and levies. These will be stated in a timely manner before concluding the agreement.

3.2    During the validity period of the offer, prices will not be increased, except in cases of force majeure, statutory regulations, or fluctuations in the financial markets, etc. In such cases, we reserve the right to offer variable prices.

3.3    Price increases within 3 months after concluding the agreement give the other party the right to dissolve the agreement unless this price increase is due to statutory regulations or provisions. Price increases after this period do not give the right to dissolve the agreement.

Article 4: Payment

4.1    Our invoices are usually sent as a PDF attachment via email to the email address known to us. Upon request, we will send a paper copy by mail free of charge.

4.2    Invoices must be paid in full within the payment term stated on the invoice.

4.3    If you do not pay within the specified term, you are in default by operation of law without further notice of default being required (Article 6:83 sub a BW). You are also liable for a penalty of 2% of the invoice amount per month the payment is delayed, with a minimum of €75, without prejudice to our right to compensation for statutory commercial interest (Article 6:119a BW) and extrajudicial collection costs (Article 6:96 BW).

4.4    In the event of default, you owe the statutory commercial interest as defined in Article 6:119a BW, from the due date of the invoice until full payment.

4.5    You are also liable for all extrajudicial collection costs in accordance with Article 6:96 BW and the Decree on compensation for extrajudicial collection costs. These costs amount to at least 15% of the outstanding amount with a minimum of €40.

4.6    If the payment term has expired, we will send a first reminder with a payment term of 7 days. If payment is not made within 7 days after this reminder, you will receive a second reminder with a new payment term of 7 days.

4.7    If payment is not made after the second reminder, a demand will follow by email and registered letter. This demand will state a final payment term of 7 days.

4.8    If payment has still not been made after the demand, we will hand over the claim to a collection agency or lawyer without further notice. The costs for this are entirely your responsibility.

4.9    If necessary, we will also take legal steps to collect the claim. All judicial and execution costs will also be your responsibility (Article 6:96 BW).

4.10 If there is a dispute over the invoice, you must notify us in writing within the payment term. Upon receipt of your objection, we will suspend the claim until the dispute is resolved. If the dispute is not resolved within a reasonable time, we reserve the right to proceed with the collection process as described above.

4.11 Notwithstanding the foregoing, we reserve the right to suspend the delivery of new products or services as long as there are outstanding invoices.

4.12 In the event of bankruptcy, suspension of payments, or receivership on the part of the other party, Computerdokter’s claims and the other party’s obligations towards Computerdokter are immediately due and payable.

Article 5: Delivery and Execution

5.1    We strive to deliver at the agreed time. In case of late delivery, you have no right to defer payment or dissolve the agreement, unless otherwise agreed.

5.2    Delivery is made to the address you specified. In case of delay or incomplete delivery, you will be notified as soon as possible. You have no right to dissolution or compensation, unless otherwise agreed.

5.3    After dissolution, we will refund the amount paid within 30 days.

5.4    If the delivery of a separately ordered product proves impossible, we will deliver a replacement item, unless otherwise agreed.

5.5    The risk of damage and/or loss of products rests with you from the moment of delivery unless you have chosen a different delivery method.

Article 6: Warranty

6.1    Our products come with a one-year warranty unless otherwise agreed.     

6.2    Any manufacturer’s warranties remain unaffected.

6.3    The warranty expires if you make changes to the delivered products yourself.

Article 7: Conformity

7.1    We guarantee that our products and services comply with the agreement and meet the reasonable requirements of soundness and usability as described in Article 7:17 BW.

7.2    The product and/or service complies with the agreement regarding type, quantity, quality, functionality, compatibility, and interoperability.

7.3    We provide delivered (digital) products with necessary updates unless otherwise agreed.

7.4    Any warranties do not affect this right.

Article 8: Privacy Policy

8.1    We process personal data in accordance with our privacy statement, available on our website.

8.2    Your personal data is processed, stored, and managed in accordance with applicable privacy legislation. Employees are bound by a confidentiality obligation.

Article 9: Retention of Title

9.1    Ownership of delivered products remains with us until full payment has been received in accordance with Article 3:92 BW.

Article 10: Complaints and Complaint Period

10.1 Complaints must be reported as soon as possible. According to the law, a complaint is timely if it is reported within two months of discovery.

10.2 We respond to complaints within 14 days. If more time is needed, we will inform you within 14 days when you can expect a response.

Article 11: Disputes

11.1 The agreements are exclusively governed by Dutch law. Disputes are submitted to the competent court in The Hague.

11.2 Disputes can also be submitted for mediation to ICTWaarborg.

Article 12: Additional Provisions

12.1 Additional or deviating provisions can be added under the heading “Additional Provisions” and must not be to the detriment of the other party.

Download these general terms and conditions (NL/EN/DE): Algemene-voorwaarden-b2b.pdf