General Terms and Conditions

General Terms and Conditions ICTWaarborg for Consumers

Version July 2022

ICTWaarborg uses consumer-friendly general terms and conditions. This means they are written as clearly and understandably as possible and do not limit the rights of the consumer in any way. All ICTWaarborg members must use the terms and conditions set out below when doing business with consumers.

General

General terms and conditions are often rightly seen as “difficult small print.” Therefore, we try to speak in understandable language about matters such as price, delivery time, time of payment, and what exactly is being delivered. Because not everyone is aware of the legal provisions applicable to a purchase agreement, we begin with a brief explanation of your statutory rights as a buyer.

The person who supplies you with a product or service (for convenience, we refer to this person as “the seller” in these terms) is legally obliged to ensure that what he delivers to you has the properties you may expect based on the (purchase) agreement (this is called conformity). The type of product and the statements made by the seller about it play a role in this. Think, for example, of special features of the product.

It is advisable to clearly document such matters in writing for clarity. You may also rely on advertising statements from the manufacturer unless the seller has explicitly stated that he does not agree with those claims. For clarity, we have included a conformity statement in Article 7.

If it turns out that the product does not have the properties you may expect based on the purchase agreement, you can – in addition to all other rights granted to you by law (e.g., suspension of payment) – demand from the seller:

• Delivery of what is missing;
• Repair of defects unless this is impossible or cannot be demanded of the seller;
• Or replacement unless this is impossible or cannot be demanded of the seller.

The seller may refuse repair or replacement if the costs are disproportionate to other reasonable solutions, such as a price reduction or refund of the purchase price and compensation for any damage suffered.

Identity of the Contractor

CreaCom / Computerdokter
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 industry organisation ICTWaarborg

Article 1: All Agreements in Writing

We strive to document our agreements regarding price, product features, delivery time, payment time, etc., in writing as much as possible. Additional agreements (e.g., about hardware and software delivered with a PC/notebook in addition to a standard configuration or deviating from a standard configuration) are also documented in writing. Agreements regarding repairs are likewise 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 regarding products is valid while stocks last.

2.3 We will describe the offered products/services in such a way that you, as a consumer, can make a well-informed decision. The images accompanying the offer are truthful; if this is not possible, we will state so.

2.4 If “digital products” are involved, the offer will state whether they are protected products.

2.5 As far as possible and applicable, we will indicate in the offer for which hardware or software the offered products/services (such as software) are suitable.

Article 3: The Price

3.1 Our prices include VAT, excluding additional costs such as shipping and delivery charges and levies such as disposal fees or copying fees. These will be stated in time before the agreement is concluded.

3.2 During the validity period of the offer, the prices of the offered products/services will not be increased, except for price changes due to legal regulations (e.g., an increase in the VAT rate) or fluctuations in financial markets over which we have no control. In such cases, we may offer variable prices, but if this is the case, we will state in the offer that the prices are guide prices subject to financial market fluctuations.

3.3 If a price increase occurs more than 3 months after we have concluded the agreement with you, you may cancel the agreement from the day the price increase takes effect.

Article 4: Payment

4.1 We offer various payment methods, which may vary from time to time. Upon payment, you will receive an invoice from us.

4.2 Like you, we have payment obligations. If you defer your payment, it incurs costs for us. If legally permitted, we may charge you for the damage we suffer (interest loss and reasonable costs to collect the outstanding amount).

Article 5: Delivery and Execution

5.1 We strive to deliver at the agreed time. Delivery will occur as quickly as possible but no later than 30 days, unless a shorter or longer delivery period has been agreed. If delivery is delayed and not due to force majeure, you as the buyer – when it has been agreed that you will pay upon delivery – have the right to defer payment until delivery is made. If you wish, you can cancel the purchase agreement entirely or partially in case of late delivery, unless the severity of the delay does not justify it.

5.2 Delivery occurs at the address you provided. If delivery is delayed or if an order or service cannot or can only partially be executed, you will be informed as soon as possible. The maximum term for this is 30 days after you have concluded the (purchase) agreement. After this period, you have the right to cancel the agreement at no cost and are entitled to any compensation.

5.3 After cancellation, we will refund the amount you have paid as soon as possible, but no later than 14 days after cancellation.

5.4 If delivery of a separately ordered product is impossible, we will do our best to deliver a replacement product. This will be clearly and understandably communicated at the latest upon delivery. If it concerns a distance purchase (see Article 10), you can still exercise your right of withdrawal. In this case, the return shipping costs are at our expense.

5.5 The risk of damage and/or loss of products remains with us until the moment of delivery to you or a third party designated by you unless you have chosen a delivery method that we do not normally offer.

Article 6: Warranty

6.1 For all our new products, a full warranty of at least one year applies. Batteries are an exception, which may have a different warranty period.

6.2 Manufacturers or importers of products or specific parts (such as the hard drive) may offer their own warranty. You can contact us if you wish to make a claim under such a warranty. As the seller, we remain your point of contact at all times.

6.3 We draw your attention to the fact that warranty rights may be forfeited if you make changes to the delivered products (both hardware and software).

Article 7: Conformity

7.1 We guarantee that our products and services comply with the (purchase) agreement, the specifications stated in our offer, the reasonable requirements of reliability and usability, and the existing legal provisions and government regulations at the time the (purchase) agreement is concluded.

7.2 The product and/or service complies regarding type, quantity, quality, functionality, compatibility, and interoperability with the agreement. All accessories and instructions, including installation instructions, will be provided.

7.3 The sold (digital) product will be provided with updates necessary to keep the product and services working as agreed in the contract for a reasonable period after delivery. Deviation from the obligation to provide updates is possible, provided we have clearly communicated this to you and you have accepted it.

7.4 Any warranties referred to in Article 6 do not affect the rights described in this article.

Article 8: Privacy Policy

8.1 Want to know more about how we handle your privacy? In our privacy statement, we explain what personal data we process from you, how we collect it, for what purposes we do so, to whom we provide your personal data, how long we store your personal data, how we secure your personal data, and how you can file complaints and/or contact us.

8.2 We follow the following privacy policy (see also our privacy statement elsewhere on this website):

• Only the personal data necessary to maintain and improve our service to you are collected, or when we are allowed or required to do so based on laws and regulations;
• Your personal data is processed, stored, and managed in accordance with applicable privacy legislation. More information can be found in the privacy statement published on our website;
• All your personal data that our employees see is treated strictly confidentially (documents, emails, etc.). All our employees have also signed a confidentiality agreement in their employment contract;
• We only provide your personal data to third parties if we have made written agreements with these parties about the processing of your personal data.

Article 9: Retention of Title

9.1 We retain ownership until the purchase is fully paid. In our repair orders, we give a clear description of the items you offered for repair so that your ownership rights are not jeopardized if the repair company goes bankrupt while your items are there at that time.

Article 10: Distance Selling

10.1 For a so-called distance contract, commonly referred to as distance selling (e.g., an order with an online shop), special additional rules apply, which we have included separately in this article.

10.2 Distance selling occurs when a purchase agreement is made without direct contact between the seller and the consumer. In popular terms: without both being in the same room. This therefore applies not only to online purchases (online shops) but also to telephone or written orders.

10.3 The most important aspect of distance selling is that the consumer has a 14-day reflection period (starting the day after delivery) to withdraw from the purchase. During this period, they can exercise their right of withdrawal, the right to cancel the purchase.

Article 10a: Information

10a.1 The information you receive before the purchase is such that you can properly assess the offer, for example, through images that provide a truthful representation of the products. The information is clear and understandable and also quickly and easily (in time before the conclusion of the contract) findable on our website.

10a.2 In addition, you will receive clear information about your rights and obligations, such as:

• The total price to be paid, including all additional costs (these are also stated separately), such as any home copy levy or delivery costs;
• The way in which the contract is concluded;
• Whether the right of withdrawal applies or not, how you can exercise your right of withdrawal, the model withdrawal form, and also who bears which costs if the right of withdrawal is exercised;
• The method of payment, delivery, or execution of the contract;
• The period during which the price or the possibility to accept the offer applies;
• The rates you have to pay if you want to contact us, when this differs from the basic rate. If you are already a customer and contact us regarding the concluded contract, the rate will never be higher than the basic rate;
• Access to the data we have stored about you;
• The minimum duration of the distance contract if it concerns a continuous or periodic delivery of products or services. Additionally, the total price and total costs per billing period are indicated. If a fixed rate applies to such a contract, the total price also includes the total monthly costs.

10a.3 In addition, you will receive the following information:

• Our postal address, where you can file a complaint;
• The way you can exercise your right of withdrawal;
• Information about existing post-purchase service and warranties;
• The details mentioned in 10a and under Identity;
• The conditions for terminating the contract.

10a.4 This information must also be clear and understandable and quickly and easily findable on our website before the contract is concluded.

10a.5 After the conclusion of the contract, but no later than the delivery of the product or service, you will receive all the information mentioned in 10a in such a way that it can be easily stored by you on a, as legally called, durable data carrier. A durable data carrier is a medium on which information is stored in such a way that you can read it later, such as a CD, PDF file, or a document that can be printed. An email is also considered a durable data carrier. If you have already received the information in this way before the conclusion of the contract, this is sufficient, and the information does not need to be provided again.

Article 10b: Formation, Confirmation, and Security

10b.1 A contract is formed when there is an offer and acceptance. (This means that one party offers something for a certain price (“this laptop costs € 350.00”) and the other party says ‘yes’ to it.)

10b.2 An order is placed (the offer is accepted) when you complete the ordering process. As soon as you place an order, you will receive a confirmation from us. This can be by email, SMS, or another method. Until this happens, you can still withdraw from the purchase by canceling the contract.

Article 10c: Reflection Period for Delivery of Products (Right of Withdrawal)

10c.1 When purchasing products, you as a consumer have a reflection period of 14 days. The reflection period starts the day after you receive the product or it is done on your behalf, or:

• If you have ordered multiple products in one order: the day on which you or a third party designated by you received the last product from that order;
• If the delivery of a product consists of multiple shipments or parts: the day on which you or a third party designated by you received the last shipment or part;
• For contracts for the regular delivery of products over a specified period, such as a monthly magazine: the day on which you or a third party designated by you received the first product. During this period, you have the option to cancel the contract without giving any reason. You can use the model withdrawal form for this or inform us in another clear way that you are canceling the contract. If the notification is made online, we will confirm receipt. You must return the products within 14 days after the withdrawal. This is called the right of withdrawal.

10c.2 During the reflection period, you should handle the product and packaging carefully. This means you should only unpack or use the product to the extent necessary to decide if you want to keep it. If you exercise your right of withdrawal, you should return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging. We will provide clear instructions on how to do this.

10c.3 You are only liable for the diminished value of the product resulting from the handling of the product beyond what is necessary to establish its nature, characteristics, and functioning. We are entitled to offset the diminished value against the amount to be refunded to you.

10c.4 If you exercise your right of withdrawal, you must bear the return shipping costs. If this is not possible via regular mail, we will provide an estimate of the costs. If we bear the return shipping costs, we will clearly state this.

10c.5 All other costs you have already paid will be refunded as soon as possible, but no later than 14 days after withdrawal. We are entitled to withhold the refund until we have received the products or you have provided proof of return.

10c.6 If you chose a more expensive delivery method than the cheapest standard delivery, we are not obliged to refund the additional costs for the more expensive method.

Article 10d: Reflection Period for Delivery of Services and Digital Products

10d.1 When delivering services and a contract for the delivery of digital content not supplied on a tangible medium, you as a consumer have a reflection period of 14 days. The reflection period starts on the day the contract is concluded. During this period, you have the option to cancel the contract without giving any reason. This is called the right of withdrawal.

10d.2 To exercise your right of withdrawal, we provide clear instructions in our offer or at the latest upon delivery on how to do so. You can use the model withdrawal form for this or inform us in another clear way that you are canceling the contract. If the notification is made online, we will confirm receipt.

10d.3 If you withdraw from the delivery of a service after you have expressly requested us to begin execution during the reflection period, we may charge you an amount proportional to the part of the contract that has already been performed/delivered by us.

Article 10e: Exclusion of the Right of Withdrawal

10e.1 In certain cases, the right of withdrawal does not apply to you as a consumer, but we must clearly state this before concluding the contract. This includes, among other things:

• Products or services whose price is subject to fluctuations in the financial market that we have no control over and which may occur within the withdrawal period;
• Contracts concluded during a public auction. Products purchased at an online auction are generally not included. The right of withdrawal does apply to these;
• Delivered services, but only if:
  • Execution has begun with your express prior consent; and
  • You have stated that you waive your right of withdrawal once we have fully executed the contract within the reflection period;
• Products made to your specifications, which are not prefabricated and are made based on your individual choice or decision, or are clearly intended for a specific person;
• Products that perish quickly or have a limited shelf life;
• Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
• Products that are irrevocably mixed with other products after delivery due to their nature;
• Sealed audio or video recordings and computer software whose seal has been broken after delivery;
• Single issues of newspapers, periodicals, or magazines, except for subscriptions;
• The delivery of digital content not supplied on a tangible medium, but only if:
  • Execution has begun with your express prior consent; and
  • You have stated that you waive your right of withdrawal.

Article 10f: Payment

10f. For any consumer purchase, general terms and conditions may never require an advance payment of more than 50%, and unless otherwise agreed, the buyer pays (the rest of) the purchase price upon or after delivery. Full advance payment may be offered as a payment method, provided there is another option whereby you can pay (at least 50%) upon or after delivery.

Article 10g: Cancellation

10g. An order can be canceled free of charge as long as it has not been shipped unless it concerns products and/or services excluded from the right of withdrawal.

Article 11: Complaints and Complaint Period

11.1 Because we want to provide our customers with optimal service, it is important to us to hear from you if you have any complaints about our services. Please do this – partly to limit any damage – as soon as possible. According to the law, a complaint is made in time if it is submitted within two months after discovery. This also applies if the purchased product does not have the properties you may expect based on the purchase agreement. It is in your interest to submit your complaints in writing.

11.2 If you file a complaint with us, it will be answered within 14 days. If we need more time, we will inform you within 14 days when you can expect a response. Note: The above only applies to complaints regarding the products and/or services we have delivered. For complaints regarding our processing of your personal data, different rules apply. For more information, please consult the privacy statement on our website or contact us.

Article 12: Disputes

12.1 The contracts to which these general terms and conditions apply are governed exclusively by Dutch law. All disputes relating to the aforementioned contracts will be submitted to the competent court.

12.2 Disputes about the formation or execution of contracts relating to products and services to be delivered or delivered by us can, notwithstanding the provisions of Article 12.1 and in deviation from it, also be submitted by you for mediation to ICTWaarborg. Normal mediation does not guarantee that a solution will always be reached. With us, it does. If the two parties cannot agree at the mediator’s table despite everything, the mediator makes a binding decision. This is similar to a court but at significantly lower costs.

12.3 If it concerns a distance purchase as referred to in Article 10, you can also submit a complaint/make the dispute known via the European online platform (ODR) for dispute resolution. You can find this platform at http://ec.europa.eu/consumers/odr/.

Article 13: Additional Provisions

13.1 In addition to the 13 articles of this standard set of general terms and conditions of ICTWaarborg, we may apply additional or deviating provisions. These will be added to these conditions under the heading “Additional Provisions.” These additional provisions must not be to the detriment of the consumer.

Download these general terms and conditions (NL): algemene-voorwaarden.pdf