Terms & Conditions

In these conditions Hacktic Computer Products, established in Mr. F.J. Haarmanweg 21 in Terneuzen, further referred to as Hacktic Computer Products. In the case of the provision of services, Hacktic Computer Products means the contractor and the buyer co-principal.

These terms and conditions apply to all offers of and agreements with Hacktic Computer Products.

A buyer who has contracted with Hacktic Computer Products once in accordance with these terms and conditions shall be deemed to have agreed to the applicability of these general terms and conditions, possibly verbally, in writing, by telegram or by fax, or to agreements to be agreed upon. .

Buyer does not count as (trade) agent or distributor of Hacktic Computer Products unless he has been appointed as such by written agreement. Deviation from these terms and conditions is only possible if expressly agreed in writing.

Offers are without engagement, unless otherwise stated in the offer. The price lists and price listings of Hacktic Computer Products are not quotations. Upon acceptance of a non-binding offer by the buyer, Hacktic Computer Products reserves the right to revoke or deviate from the offer within the period of 2 working days after receipt of that acceptance. By giving reasons, Hacktic Computer Products will announce this to the buyer in writing. Oral promises are only binding to Hacktic Computer Products after they have been explicitly confirmed in writing. Purchase and other conditions of a buyer are explicitly rejected by Hacktic Computer Products, unless they are explicitly accepted in writing by Hacktic Computer Products.

Agreements are only established after an order or repair order has been assessed by feasibility of the Hacktic Computer Products. Hacktic Computer Products has the right not to accept orders or orders without giving reasons or to accept them exclusively on condition that the shipment is made cash on delivery or after payment in advance, in which case the buyer will be informed accordingly.

All images, drawings, data concerning weights, dimensions, colors, etc. included in price lists and leaflets, are only approximate and can not lead to compensation and / or dissolution.

All designs, images, etc. made by or on behalf of Hacktic Computer Products as referred to in paragraph 1 remain the property of Hacktic Computer Products and may not be copied or otherwise reproduced, shown to third parties or in any other way without explicit written permission. are used.

The buyer is obliged to return this data to Hacktic Computer Products on first request under penalty of a fine for Hacktic Computer Products of € 500 per day.

The Hacktic Computer Products business is delivered at the prices that apply at the time of ordering at Hacktic Computer Products. The services of Hacktic Computer Products are performed at the price Hacktic Computer Products calculates after providing the services in the usual way.

Voor orders beneden een bepaalde nettowaarde kan een bedrag voor verzend- en administratiekosten in rekening worden gebracht. De kosten voor verzending per expres komen alleen voor rekening van de koper wanneer deze om een zodanige verzendwijze heeft gevraagd.

Deliveries take place exclusively within the Netherlands, unless expressly agreed otherwise.

The delivery time of orders is normally a maximum of 30 days, unless otherwise stated or mentioned. This delivery time serves as an indication and not as a deadline.

If Hacktic Computer Products exceeds the agreed delivery period for any reason whatsoever, Hacktic Computer Products will inform the customer of this in writing (fax, letter, e-mail). In that case, the customer has the authority to terminate the agreement with Hacktic Computer Products, by reporting this in writing (fax, letter, e-mail) to Hacktic Computer Products.

Any payments already made by the customer in the context of the previous article will be made as soon as possible, but in any case within fourteen (14) working days after Hacktic Computer Products has received the request for dissolution of the agreement referred to in Article 6.4. or giro account of the customer refunded.

The delivery times stated by Hacktic Computer Products will never be regarded as a deadline, unless explicitly agreed otherwise.

Delivery takes place at the place and time that the goods are ready for shipment to the customer. Hacktic Computer Products reserves the right to send and invoice orders in partial deliveries.

Unless otherwise agreed in writing, Hacktic Computer Products determines the method of shipment. In case Hacktic Computer Products has chosen the mode of shipment, the items travel at the risk of Hacktic Computer Products. Hacktic Computer Products deducts the risk of the goods at the time the items are presented to the specified address for receipt.

If at the request of the buyer the delivery is postponed or accelerated, the buyer is obliged to reimburse the associated costs.

Hacktic Computer Products is entitled to charge extra working hours if the delivery is delayed due to circumstances that are not attributable to him.

Hacktic Computer Products is not held to deliver products once delivered, if these products have been taken out of production by him or his suppliers or have expired from his sales program for any other reason.

The buyer is obliged to take receipt of the goods upon delivery. Failing this, the goods are stored at the expense and risk of the buyer.

In the event that the buyer, in spite of summons, has not removed the items from the warehouse specified by Hacktic Computer Products within three weeks, Hacktic Computer Products has the right to sell the goods at its choice either privately or in public and the original buyer to be held liable for any loss. The original purchaser is at all times obliged to reimburse the costs of the aforementioned storage and the (additional) shipping and handling costs incurred by Hacktic Computer Products.

Exceeding a delivery date never gives the buyer the right to any compensation against Hacktic Computer Products.

After the customer has received the product ordered by him / her, the customer has the right to dissolve the underlying agreement with Hacktic Computer Products within fourteen (14) working days after receipt of this product. The customer does not have to give a reason for this.

If the customer wishes to terminate the agreement in accordance with article 7.1 of these conditions, the customer must notify Hacktic Computer Products of this in writing (via e-mail, letter or fax). The customer must send the product – after consultation with Hacktic Computer Products – to a return address set by Hacktic Computer Products. In this case, the customer must bear the costs of and the risk for shipping.

If the customer has already made any payments at the moment the customer agrees to the agreement with Hacktic Computer Products pursuant to article 7.1. and 7.2 of these Terms and Conditions of Purchase has been revoked, Hacktic Computer Products will refund these payments to the customer within fourteen (14) business days after Hacktic Computer Products has received the product returned by the customer.

Hacktic Computer Products reserves the right to refuse returned products or to credit only a part of the amount already paid, if it is suspected that the product has already been opened, used or by the fault of the customer (other than Hacktic Computer Products or the supplier of the product) is damaged.

If a product is returned that in the opinion of Hacktic Computer Products has suffered damage that is due to an action or negligence of the customer or otherwise comes at the risk of the customer, Hacktic Computer Products will inform the customer in writing (via fax, letter or e-mail). Hacktic Computer Products has the right to withhold the depreciation of the product as a result of this damage of the amount to be refunded to the customer.

If desired by the buyer, a test setup can be placed on the following conditions.

The test set-up is understood to mean placing products in a standard version with a gross catalog value of no more than € 5,000, – excluding sales tax and relevant accessories, in a space made available by the buyer for the purpose of the workplace or construction, for which interest is visible to the client.

Hacktic Computer Products will charge the buyer the catalog value of the entire test facility, plus sales tax, immediately after the test installation has been placed. This invoice will be credited after the return of the goods in question. Transport costs, vice versa, as well as any assembly costs, will not be charged separately, which is also the case after termination of the test setup.

In the event that the buyer wishes to keep the products, he will inform Hacktic Computer Products in writing and pay the invoice mentioned in article 8 paragraph 3 according to the payment conditions.

A trial set-up will not last longer than 8 days unless otherwise agreed.

The buyer is liable with respect to a test installation for use, damage, theft or loss of products up to the gross catalog value of the products concerned.

Payment must, if not otherwise agreed in writing, be made in cash at the actual delivery of the goods or after the performance of the agreed services. In the event that Hacktic Computer Products sends an invoice, the payment for delivered goods and / or services must take place on the (post-) bank account of Hacktic Computer Products as stated on the invoice and within fourteen days after the invoice date unless written otherwise agreed.

Hacktic Computer Products is entitled to increase the invoice amount (excluding sales tax) with a credit limitation surcharge of 2% on that amount. When paying within the in art. 9.1 the buyer is entitled to deduct the relevant amount from the invoice amount (excluding sales tax).

If Hacktic Computer Products has granted discounts to the buyer, the buyer is entitled to deduct these discount amounts from the price, unless payments are not made on time and / or invoice amounts are outstanding. Payments made by the buyer always serve to settle 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.

 

If the buyer has not paid the invoice in cash on the due date, Hacktic Computer Products owes interest of 2% on the outstanding amount per month without prior notice of default, whereby an entered month is counted for an entire month.

 

If the buyer has not paid the amount owed by him within the stipulated period and Hacktic Computer Products has proceeded to collect the claim through legal or other means, the buyer is obliged to pay Hacktic Computer Products a fee for the related costs in accordance with the collection rate of the Netherlands Bar Association, but with a minimum of € 125 per invoice.

Non-timely payment gives Hacktic Computer Products the right to suspend or dissolve its performance under the present and / or other agreements with the buyer, without the buyer being entitled to compensation or dissolution of the agreement and without prejudice to the right of Hacktic Computer Products for any loss, loss of profit and further consequential loss.

Hacktic Computer Products is at all times entitled to claim that the buyer provides sufficient security for the payment of the performances to be performed by Hacktic Computer Products, all this in a manner to be indicated by Hacktic Computer Products. The buyer is not allowed to apply set-off.

Complaints and / or warranty claims taken into consideration do not give rise to a deferment of payment or partial payment. Substitutes will only be accepted after charging discount costs after prior agreement and only for payment. Hacktic Computer Products does not guarantee the timely presentation of the bills. Checks, bills of exchange and foreign currency are only valid as a deposit after their redemption. Hacktic Computer Products is not in a current account relationship with any of its buyers.

The ownership of the delivered goods is expressly reserved by Hacktic Computer Products until full payment, including the reimbursement of all costs and interest, also of earlier and later deliveries and services rendered, as well as claims for damages due to shortcomings in the performance, has taken place.

The buyer is not free to dispose of the goods beforehand, to rent them out, to use them in use or to move outside of their business, to pledge them or to encumber them in any other way, without written permission from Hacktic Computer Products.

At the first request of Hacktic Computer Products, the buyer undertakes to make the goods available to Hacktic Computer Products, and grants irrevocable authorization to Hacktic Computer Products or to the persons to be designated by Hacktic Computer Products, the place where the goods take place. to enter, in order to bring the items.

 

Hacktic Computer Products shall, in accordance with the provisions under 1, provide the buyer with the ownership of the aforementioned goods at the moment that the buyer has fulfilled all his obligations, but subject to the right of pledge of Hacktic Computer Products for the benefit of other liable parties that Hacktic Computer Products has has copper. At the first request of Hacktic Computer Products, the buyer will cooperate with actions that are required in that context, on pain of a penalty of € 500, – for each day that the buyer remains negligent.

Items or parts thereof, which are replaced as a result of a repair order or warranty, shall become or remain the property of Hacktic Computer Products to the full satisfaction of all that Hacktic Computer Products has received from the buyer.

Complaints in general and complaints about invoices must be submitted in writing and with a proper description of the complaint within eight days of receipt of the items or invoices, or within eight days after any defect in the items has been discovered or should have been discovered. Hacktic Computer Products to be made known. After the expiry of this period Hacktic Computer Products is deemed to have fulfilled its obligations correctly, and it is assumed that the buyer acknowledges the goods or invoices as correct.

Complaints never give the buyer the right to suspend his payments.

If an advertisement by Hacktic Computer Products is found to be well-founded, Hacktic Computer Products has the right to choose:

to revise the invoice and change the invoice amount accordingly;

to replace the delivered goods with a same item or to repair the goods with which the replaced items or parts are delivered to Hacktic Computer Products;

to take back the goods delivered and to dissolve the contract, subject to a refund of the invoice amount paid by the buyer without being obliged to pay any compensation.

Complaints with regard to items belonging to a partial shipment do not affect previous and subsequent partial shipments that are part of the same order.

Minor, commercially or technically unavoidable deviations and differences in quality, color, size or finish can not constitute grounds for complaint.

The buyer must, as appropriate, immediately offer Hacktic Computer Products the opportunity to repair any defects.

Any return of goods to or from the buyer is at the expense and risk of the buyer. Hacktic Computer Products accepts returned goods only if and insofar as it agrees with this return in writing in advance, and then only when these items are delivered to the address to be provided by Hacktic Computer Products in the original packaging and in the condition in which Hacktic Computer Products these delivered goods to the buyer.

Software whose seal has been broken can never be returned.

Hacktic Computer Products guarantees quality of the services it provides to the best of its knowledge and ability and good quality of the delivered goods, on the understanding that the guarantee does not go beyond the following provisions.

A three-month warranty is granted on a repair carried out. 12 months warranty is given on the goods delivered unless otherwise agreed in writing.

If the buyer has given Hacktic Computer Products an order for repair and has not delivered the item within three months after the date of issue, against payment of the amount owed due to examination or repair, it shall be deemed to have waived the repair costs. Submitted case for Hacktic Computer Products. The buyer will indemnify Hacktic Computer Products against all third-party claims relating to this matter.

Defects, defects or deficiencies proven by Hacktic Computer Products within the warranty period – insofar as they fall under the guarantee referred to in this article – will be repaired, replaced or taken back against payment by Hacktic Computer Products as soon as possible.

Hacktic Computer Products does not guarantee joint products and parts or consumables, unless a warranty has been promised in writing.

For the replacement or repair, the buyer must deliver the goods at his / her own risk at the address specified by Hacktic Computer Products, to the account of Hacktic Computer Products, stating a RMA number to be requested from Hacktic Computer Products. .

For goods with a warranty document other than Hacktic Computer Products attached, in so far as deviating from the conditions stated in these conditions, it applies in these conditions.

The buyer cannot invoke the warranty provisions if;

the buyer has neglected the items

the buyer has made changes to the goods or has caused them to be repaid, including repairs not carried out by or on behalf of Hacktic Computer Products

in the event of improper or careless use, incorrect connection, wrong mains voltage, lightning strike, damaged by the effects of moisture or other external causes or disasters.

the device has not been maintained in the manner as described in the operating manual

the device is used with unsuitable or incorrect accessories

if the buyer has handled the items negligently in any other way.

If the buyer does not, not properly, or not timely fulfill any obligation arising from the agreement (s) concluded with Hacktic Computer Products, then the buyer is not guaranteed.

The factory or trade marks, or the type or identification numbers or signs, which are affixed to the goods delivered by Hacktic Computer Products, may not be removed, damaged or altered.

Hacktic Computer Products, nor third parties that it involves for the purpose of the formation or execution of any agreement, are liable for any damage arising from and in connection with the agreement, which buyer or any third party involved in the execution of the agreement. suffering, directly or indirectly, regardless of what causes it.

Notwithstanding the above, Hacktic Computer Products is in any case never liable:

• due to non-delivery or late delivery;
• for data in leaflets, catalogs, advertising material, offers and the like;
• in the case of non-attributable shortcomings (force majeure), as referred to in Article 15;
• if the buyer himself or a third party repairs the delivered goods, makes changes to them, uses them for purposes other than for which it is suitable or intended, overloads the delivered goods and uses them in an unprofessional manner;
• for the property of third parties who are in Hacktic Computer Products’s premises for repair, storage or for whatever reason;
• for business and / or consequential loss, caused by any cause whatsoever;
• for damage caused by intent or gross negligence of auxiliary persons;
• for damage caused by supplied software;
• for loss as a result of loss of any data as recorded on magnetic information carriers;
• for damage caused by the use of a modem connected to the telephone network, including the loss of data, theft of data, incorrect transmission of data, mutilation of data or other files and the continuation of telephone lines.

If Hacktic Computer Products is liable for any damage in any case, despite the above, Hacktic Computer Products accepts liability only insofar as this liability is covered by its insurance, up to the amount of the payment made by the insurance.

If the insurance does not pay out in any case, Hacktic Computer Products will never be liable for more than the invoice amount for the relevant agreement.

The buyer shall indemnify Hacktic Computer Products against all third-party claims against Hacktic Computer Products.

The exclusions or limitations of liability included in these conditions do not apply insofar as the damage is the result of intent or gross negligence of Hacktic Computer Products or its managerial subordinates.

Hacktic Computer Products is not liable if and insofar as its obligations cannot be fulfilled due to force majeure.

Force majeure means any strange cause, as well as any circumstance, which should in reason not come at its own risk. Delay or default by our suppliers, transport problems, strikes, government measures, delays in the supply, negligence of suppliers and / or manufacturers of Hacktic Computer Products as well as of auxiliary persons, sickness of personnel, defects in auxiliary or transport means are expressly regarded as force majeure.

Hacktic Computer Products has the right to suspend its obligations in case of force majeure. Hacktic Computer Products is also entitled to dissolve the agreement in whole or in part, or to claim that the content of the agreement is amended so that execution remains possible. Under no circumstances is Hacktic Computer Products liable to pay any penalty or compensation. Hacktic Computer Products reserves the right to payment of the work already done and the costs incurred.

Hacktic Computer Products has no power to suspend if compliance is permanently impossible or the temporary impossibility continues for more than six months. In these cases, the agreement can be dissolved by the readiest party, without the buyer being entitled to compensation for any damage

If the buyer does not fulfill his obligations towards Hacktic Computer Products, not timely or improperly, as well as if his bankruptcy is applied for, he is declared bankrupt, he applies for suspension of payment, or to his creditors or a part of offers them an arrangement or an agreement, furthermore in the attachment of all or part of his assets, or if he sells or liquidates his business, as well as in the event of death, in receivership, or in any other way in the management or If the management loses control over his business, business or part thereof, the buyer is legally in default and every claim that Hacktic Computer Products has or is liable to pay shall be immediately and immediately due and payable without any notice of default being required.In the cases mentioned under 1, Hacktic Computer Products has the right, without any notice of default, to suspend further execution of the agreement or to dissolve it in whole or in part. Hacktic Computer Products is at all times authorized to claim damages from the buyer, as well as to take back the delivered goods. In case the buyer wishes to terminate the agreement, he will always first notify Hacktic Computer Products in writing and grant a reasonable term to still fulfill its obligations, or to rectify shortcomings, which shortcomings the buyer must accurately describe in writing. The buyer has no right to dissolve the agreement in whole or in part or to suspend his obligations, if he himself already failure to fulfill its obligations. In the event of partial dissolution, the buyer cannot claim the undoing of services already performed by Hacktic Computer Products, and Hacktic Computer Products is fully entitled to payment for the services already performed by it.

In case of consumer purchase, the following provisions and / or phrases do not apply: art. 9 paragraph 5 (idem); art. 9 paragraphs 7 and 8; art. 14 paragraph 2 sub g; art. 16 paragraph 2 (insofar as it concerns the competence of Hacktic Computer Products to dissolve); art. 18 paragraph 2 (is supplemented with: “The buyer has the right to choose the competent court according to the law within one month after Hacktic Computer Products has made a written appeal to the provisions in paragraph 2.”).

Dutch law applies exclusively to these general sales conditions, to all agreements, offers, quotations and offers and to all other legal relationships between Hacktic Computer Products and the customer. Disputes arising from an agreement between Hacktic Computer Products and the customer, which can not be resolved by mutual agreement, are submitted to the competent court in the customer’s place of residence.

If one or more provisions of an agreement between Hacktic Computer Products and the buyer prove to be non-binding, then the other provisions of this agreement between parties remain in force.

Parties undertake to replace the non-binding provisions by such provisions, which are binding and deviate as little as possible from the non-binding provisions, having regard to the purpose and the scope of this agreement.