Terms & conditions

Contents:
Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in the event of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and performance
Article 12 – Continuing performance contracts: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or differing provisions

In these terms and conditions, the following definitions apply:
1.1: Cooling-off period: the period during which you, as a consumer, have the right to withdraw from a purchase;
1.2: Consumer: a person who enters into a distance contract with a business, but is not acting in the course of his or her profession or business;
1.3: Day: a calendar day;
1.4: Continuing performance contract: a distance contract for several products and/or services, in which the obligations for supply and/or purchase are spread over a certain period;
1.5: Durable medium: a means enabling you to store information addressed to you personally in a way that allows future consultation and unchanged reproduction of that information;
1.6: Right of withdrawal: the right of a consumer to withdraw from the distance contract within the cooling-off period;
1.7: Model form: the standard withdrawal form made available by a trader to a consumer who wishes to exercise his or her right of withdrawal;
1.8: Trader: a person or business offering products and/or services to consumers at a distance;
1.9: Distance contract: a contract concluded using only one or more means of distance communication, within the framework of a system organised by the trader for distance selling of products and/or services;
1.10: Means of distance communication: a means that can be used to conclude a contract without the consumer and the trader being in the same room at the same time.
1.11: Terms and Conditions: the standard conditions that apply to purchases from the trader.

IBO Computers (ibo-computers.nl)
Radonweg 10
3812 RL Amersfoort, the Netherlands
Opening hours: Monday to Friday 09:00 to 17:30, Saturday 10:00 to 16:00. Closed on Sunday.
Telephone: +31 (0)33 207 5050
E-mail address: [email protected]
Chamber of Commerce number: 65085639
VAT identification number: NL002231868B21

If the trader's activity is subject to a relevant licensing scheme: the details of the supervisory authority:

If the trader practises a regulated profession:
- the professional association or organisation of which he is a member;
- the professional title and the place in the EU or the European Economic Area where it was granted;
- a reference to the professional rules applicable in the Netherlands and instructions on where and how these rules can be consulted.

3.1: These terms and conditions apply to every offer made by the trader and to every distance contract and order between the trader and the consumer.
3.2: Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not possible, it will be stated that the terms and conditions can be inspected at the trader's premises and will be sent free of charge at the consumer's request.
3.3: If the distance contract is concluded electronically, the text of these terms and conditions may be made available to the consumer electronically. This is done in a way that makes it easy for the consumer to store the text on a durable medium. If this is not possible, it will be stated where the consumer can consult the terms and conditions electronically and that they will be sent free of charge on request.
3.4: If, in addition to these terms and conditions, specific product or service conditions also apply, the second and third paragraphs of this article apply to those conditions as well. If there are contradictions between sets of terms and conditions, the consumer may always rely on the provision that is most favourable to him or her.
3.5: If, at any time, one or more provisions of these terms and conditions are wholly or partly void or annulled, the contract and these conditions remain in force for the remainder. The provision concerned will be replaced by a provision that reflects the intent of the original provision as closely as possible.
3.6: Situations not covered by these terms and conditions are assessed in the spirit of these terms and conditions.
3.7: If there is any uncertainty about the interpretation or content of one or more provisions of these conditions, they are interpreted in the spirit of these terms and conditions.

4.1: If an offer has a limited period of validity or is subject to certain conditions, this is stated explicitly in the offer.
4.2: The offer is not binding. The trader reserves the right to change and adjust the offer.
4.3: The offer contains an accurate and complete description of the products and/or services offered. This description is sufficiently detailed to allow the consumer to assess the offer properly. If the trader uses images, these must be a truthful representation of the products and/or services offered. Errors in the offer are not binding on the trader, unless they are clearly recognisable as mistakes or errors.
4.4: All images, specifications and details in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
4.5: Product images are a truthful representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
4.6: Every offer contains information that makes clear to the consumer the rights and obligations arising from acceptance of the offer. This includes in particular:
- The total price including taxes;
- Any shipping costs;
- How the contract is concluded and which steps are required;
- Whether the right of withdrawal applies;
- How payment, delivery and performance will take place;
- The period for accepting the offer, or the period for which the price is guaranteed;
- Costs of distance communication if they differ from the standard rate;
- Whether the contract is archived and how the consumer can access it;
- How the consumer can check and correct his details before concluding the contract;
- Any languages other than Dutch in which the contract can be concluded;
- The codes of conduct the trader adheres to and how the consumer can consult them electronically;
- The minimum duration of the contract in the case of continuing performance contracts;
- Optional: availability of sizes, colours and materials.

5.1: The contract is concluded when the consumer accepts the offer and meets the conditions set, except in the cases described in paragraph 4.
5.2: If the consumer accepts the offer electronically, the trader immediately confirms receipt of the acceptance electronically. As long as receipt has not been confirmed, the consumer may terminate the contract.
5.3: For electronic contracts, the trader takes appropriate technical and organisational measures to safeguard the secure transfer of data. For electronic payments, the trader takes appropriate security measures.
5.4: Within the limits of the law, the trader may verify whether the consumer can meet his payment obligations, as well as other facts and circumstances relevant to a responsible distance contract. If the trader has good reason not to enter into the contract, he may refuse the order or attach special conditions to its performance.
5.5: With the product or service, the trader sends the following in writing, or in a way that allows the consumer to store it accessibly on a durable medium:
- the address of the trader's establishment where the consumer can submit complaints;
- the conditions and procedures for exercising the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
- information about warranties and after-sales service;
- the details described in article 4 paragraph 3, unless these have already been provided before performance of the contract;
- the termination requirements for contracts lasting longer than one year or of indefinite duration.
5.6: For continuing performance contracts, the previous paragraph applies only to the first delivery.
5.7: Every contract is concluded subject to the condition precedent that the products concerned are sufficiently available.

6.1: As a customer you have the right to dissolve the contract for the purchase of products within 14 days without giving reasons. This period starts on the day after the product is received by the customer or by a representative designated in advance by the customer and notified to the trader.
6.2: During the cooling-off period, the customer must handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to assess whether the customer wishes to keep it. If the customer decides to return the product, it must be returned with all accessories supplied and, if reasonably possible, in its original condition and packaging, as instructed by the trader.
6.3: If the customer wishes to exercise the right of withdrawal, he must notify the trader within 14 days of receiving the product using the model form. The product must then be returned within 14 days. The customer must be able to prove that the product was returned in time, for example by means of proof of shipment.
6.4: If, after the periods stated above have expired, the customer has not indicated that he wishes to exercise the right of withdrawal, or has not returned the product, the purchase becomes final.

More information about returns can be found on the 'Warranty and return conditions' page

7.1: If the consumer exercises the right of withdrawal, he or she bears the cost of returning the product.
7.2: If the consumer has already paid, the trader must refund the amount paid as soon as possible, and no later than 14 days after receiving the returned product. The trader may withhold the refund until the product has been returned or until the consumer can prove that the product has been returned. The refund is made using the same payment method the consumer used, unless the consumer expressly agrees to another payment method.
7.3: If the product has been damaged by the consumer, the consumer is liable for any diminished value of the product.
7.4: The consumer cannot be held liable for diminished value of the product if the trader failed to provide all legally required information about the right of withdrawal before the purchase agreement was concluded.

8.1: The trader may exclude the consumer's right of withdrawal for certain products and services, as described below. The exclusion only applies if the trader stated this clearly in the offer or in good time before the contract was concluded.
8.2: Exclusion of the right of withdrawal is possible for products made to the consumer's specifications.
8.3: Exclusion of the right of withdrawal is possible for products that are clearly personal in nature.
8.4: Exclusion of the right of withdrawal is possible for products that cannot be returned because of their nature.
8.5: Exclusion of the right of withdrawal is possible for products that can spoil or age quickly.
8.6: Exclusion of the right of withdrawal is possible for products whose price is tied to fluctuations on the financial market over which the trader has no influence.
8.7: Exclusion of the right of withdrawal is possible for audio and video recordings and computer software whose seal the consumer has broken.
8.8: Exclusion of the right of withdrawal is possible for services relating to accommodation, transport, catering or leisure activities to be provided on a specific date or during a specific period.
8.9: Exclusion of the right of withdrawal is possible for services whose performance has begun with the consumer's express consent before the cooling-off period has expired.

9.1: The prices of products and/or services remain unchanged during the period of validity of the offer, except for changes in VAT rates.
9.2: If the prices of products or services depend on fluctuations on the financial market over which the trader has no influence, the trader may offer variable prices. This is stated with the offer.
9.3: Price increases within 3 months of the contract being concluded are permitted only if they result from statutory regulations or provisions.
9.4: Price increases from 3 months after the contract was concluded are permitted only if the trader has stipulated this and the increase results from statutory regulations or provisions, or if the consumer has the option of terminating the contract with effect from the day the price increase takes effect.
9.5: The prices stated in the offer of products or services include VAT.
9.6: No rights can be derived from printing and typesetting errors in the prices of products and/or services. In the event of printing or typesetting errors, the trader is not obliged to deliver the product at the incorrect price.

10.1: The trader guarantees that the products and/or services conform to the contract, to the specifications stated in the offer, to reasonable requirements of soundness and usability, and to the statutory provisions in force on the date the contract was concluded. If it has been agreed that the product is suitable for other than normal use, the trader also warrants this.
10.2: Any warranty offered by the trader, manufacturer or importer does not affect the statutory rights and claims the consumer has against the trader under the contract.
10.3: Defects or incorrectly delivered products must be reported to the trader in writing within 2 months of delivery. If the products are returned, they must be in their original packaging and in new condition.
10.4: For new products, the trader's warranty period equals the manufacturer's warranty period. For refurbished products, the trader provides a warranty of at least 2 years, even where no manufacturer's warranty (any longer) applies. However, the trader is never responsible for the ultimate suitability of the products for the consumer's individual applications, nor for any advice regarding the use or application of the products.
10.5: The warranty does not apply in the following situations:
- If the consumer, or a third party, has repaired and/or modified the delivered products;
- If the delivered products have been exposed to abnormal conditions, handled carelessly, or treated contrary to the instructions of the trader and/or the packaging;
- If the defect results wholly or partly from regulations imposed, or to be imposed, by the government regarding the nature or quality of the materials used.

11.1: The trader will take the greatest possible care when receiving and carrying out orders for products and when assessing requests for the provision of services.
11.2: The place of delivery is the address the consumer has given to the trader.
11.3: The company will carry out accepted orders within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out (in full), the consumer will be informed of this within 30 days and has the right to dissolve the contract free of charge. There is no entitlement to compensation.
11.4: All delivery periods stated are indicative and exceeding them gives the consumer no right to compensation.
11.5: In the event of dissolution under paragraph 3, the trader will refund the amount paid as soon as possible, and no later than 14 days after dissolution.
11.6: If delivery of an ordered product proves impossible, the trader will endeavour to make a replacement item available. This will be stated clearly and comprehensibly at the time of delivery. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment is borne by the trader.
11.7: The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance by the consumer, unless agreed otherwise.

Termination
12.1: If a consumer has entered into a contract of indefinite duration for the regular supply of products (including electricity) or services, the consumer has the right to terminate that contract at any time, observing the agreed termination rules and a notice period of no more than one month.
12.2: If a consumer has entered into a contract of fixed duration for the regular supply of products (including electricity) or services, the consumer has the right to terminate that contract towards the end of the fixed term, observing the agreed termination rules and a notice period of no more than one month.
12.3: The consumer may always terminate the contracts referred to above, without restriction to specific times or periods, in the same way as the contract was entered into and with the same notice period as the trader has stipulated for himself.

Renewal
12.4: If you have entered into a contract of fixed duration for the regular supply of products or services, for example electricity, it may not be automatically renewed or extended by tacit agreement for a new fixed period.
12.5: An exception applies to contracts for the regular supply of daily newspapers, news magazines and weeklies and magazines. Such contracts may be tacitly renewed for a maximum of three months, but only if the consumer can terminate that renewal towards the end with a notice period of no more than one month.
12.6: A fixed-term contract for the regular supply of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. If the contract concerns the regular but less than monthly supply of daily newspapers, news magazines and weeklies and magazines, a notice period of no more than three months applies.
12.7: A contract of limited duration, such as a trial or introductory subscription to daily newspapers, news magazines and weeklies and magazines, is not continued tacitly and ends automatically at the end of the trial or introductory period.

Duration
12.8: If a contract between a consumer and a trader lasts longer than one year, the consumer has the right to terminate the contract at any time after one year with a notice period of no more than one month. However, this is not possible where it would be contrary to reasonableness and fairness to terminate the contract before the end of the agreed term.

13.1: Unless agreed otherwise, the consumer must pay the amounts due within 7 working days of the start of the cooling-off period described in article 6, paragraph 1. If the contract concerns the provision of a service, this period starts only after the consumer has received confirmation of the contract.
13.2: The consumer must report any errors in the payment details provided or stated to the trader without delay.
13.3: If the consumer fails to pay, the trader has the right to charge reasonable costs, provided these costs were communicated to the consumer in advance and are not contrary to the law. Statutory limits may apply to such costs.

14.1: The trader has a clear complaints procedure and will handle complaints in accordance with it.
14.2: Complaints about the performance of the contract must be submitted to the trader fully and clearly described within 2 months of the consumer discovering the defects.
14.3: The trader will respond within 14 days of receiving the complaint. If a complaint requires more time to process, the trader will send an acknowledgement of receipt within 14 days, indicating when the consumer can expect a more detailed reply.
14.4: If the complaint cannot be resolved by mutual agreement, a dispute arises which is handled under the disputes procedure.
14.5: In the event of a complaint, the consumer must first contact the trader. If you cannot resolve the matter together and you live in another EU country, you can obtain free advice from the European Consumer Centre at www.eccnederland.nl.
14.6: A complaint does not automatically suspend the trader's obligations, unless the trader indicates otherwise in writing.
14.7: If the complaint is found to be justified, the trader will, at its discretion, replace or repair the product free of charge.

15.1: These terms and conditions apply to contracts between the trader and the consumer, and only Dutch law applies, even if the consumer lives outside the Netherlands.
15.2: The Vienna Sales Convention does not apply to these contracts.
15.3: These terms and conditions are also available in Dutch. This English text is a translation provided for information; in the event of any discrepancy between the two texts, the Dutch text prevails.

16.1: Any additional or differing arrangements that are not in accordance with these terms and conditions may not be to the consumer's detriment and must be recorded in writing or stored in a way that is accessible to the consumer on a durable medium.