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Contents:

Article 1 – Definitions
Article 2 – Trader ID
Article 3 – Applicability
Article 4 – Offers
Article 5 – Contract
Article 6 – Price
Article 7 – Compliance and guarantee
Article 8 – Delivery and execution
Article 9 – Duration of transaction: duration, cancellations and extensions
Article 10 – Payment
Article 11 – Ownership
Article 12 – Liability
Article 13 – Complaints procedure
Article 14 – Disputes

 

Article 1 – Definitions

The listed terms have the following meanings:

  1. Day: one calendar day;
    2. Digital content: information produced and delivered in digital form;
    3. Duration of transaction: an agreement regarding the regular delivery of goods, services and/or digital content over a specific period of time;
    4. Durable medium: each means – also including email – that the customer or trader uses to save information addressed specifically to them, in such a way as to make future access and unaltered reproduction of the saved information possible, as well as to use it for the intended purposes over a specific period of time;
    5. Customer: the natural or legal person that carries out their business or profession;
    6. Trader: the natural or legal person remotely offering products, (access to) digital content and/or services to customer;
    7. Distance contract: a contract between trader and customer in the context of an organised system for the remote selling of products, digital content and/or services, whereby one or more means of communication at a distance is exclusively or non-exclusively used up until the completion of the contract;
    8. Written: the term “written” in these terms and conditions also refers to communication via email and fax, provided that the integrity of the sender and of the email itself is sufficiently preserved;
    9. Means of communication at a distance: the means that can be used in the process of establishing a contract, without the customer and trader having to be in the same place at the same time;
    10. Website: the trader’s website, on which products and services are offered to customers.

 

Article 2 – Trader ID

Alpha Digital B.V.;
Stationsplein 26
6512 AB, Nijmegen;
+31 (0) 481 354 120, (Mon-Thu: 10:00-17:00, Fri: 10:00-15:00)
info@alphadigital.nl
KvK-number: 72313129
Btw-number: NL859069394B01

 

Article 3 – Applicability

  1. These terms and conditions apply to each offer made by the trader and to every distance contract between them and the customer.
  2. In case the customer includes conditions in their order, confirmation or communication that do not appear in the general terms and conditions, then these will only be binding for the trader in the event of having been explicitly accepted, and in writing.
  3. Prior to the distance contract being entered into, these general terms and conditions will be made available to the customer. If this is not reasonably possible, before the distance contract is entered into, the trader will indicate that the terms and conditions can be inspected and that, at their request, they will be sent to the customer free of charge as soon as possible.
  4. If the distance contract is entered into electronically, then contrary to the previous paragraph and before the distance contract is entered into, the customer will be provided with the text of these terms and conditions electronically, in such a way that the customer can easily store them on a permanent data carrier. If this is not reasonably possible, before the distance contract is entered into, the trader will indicate where the terms and conditions can be inspected electronically and that, at his request, they will be sent to the customer free of charge, either electronically or in some other way.
  5. In the event that specific product or services provisions, other than those stated here, apply, the third and four paragraphs shall apply mutatis mutandis and the customer can, in the event of contradicting terms, invoke the provision most beneficial to them.
  6. In the event of one or more of the provisions of these terms and conditions proving to be partially or fully void or voided at any time,  the contract and other provisions will otherwise remain fully in effect and the parties thereto will liaise in order to agree on the immediate replacement of the said provision by a provision as close as possible to the purport of the original provision.

 

 

Article 4 – Offers

  1. In the event that offers have a limited validity or if conditions apply, this will be explicitly stated in the offer.
  2. The offer contains a full and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed as to facilitate a good evaluation of the offer by the customer. If the trader makes use of images, these are a truthful representation of the offered products, services and/or digital content.
  3. The contents of the website and of offers have been compiled with great care. The trader, however, cannot guarantee that all the information on the website is always correct and complete. All prices, offers and other information on the website and in other materials derived from the trader are subject to apparent programming and typing errors.

 

Article 5 – Contract

  1. The contract is entered into as soon as the customer accepts the offer and meets the associated terms and conditions.
  2. If the customer has accepted the offer electronically, the trader shall immediately confirm by electronic means its receipt of acceptance of the offer. The customer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
  3. In case of the customer accepting an offer, the trader has the right to revoke the offer within 3 business days after the acceptance was received. In this case, the trader will inform the customer immediately.
  4. If the contract is entered into electronically, the trader will take suitable technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the customer is able to pay electronically, the trader will take suitable security measures.
  5. If it occurs that inaccurate information was provided by the customer at the time of agreement, the trader is only liable to fulfil their obligations after the correct information has been received.
  6. The trader can, within lawful means, ascertain whether or not the customer is able to fulfil their payment duties, as well as find out about all of the facts and factors that are of importance to the responsible entering into of a distance contract. In the event that the trader, on the grounds of this investigation, has reason to not enter into a contract, they are within their rights to reject an order or request or to define special conditions. The trader who rejects a request or who defines special conditions on the basis of such an investigation must notify the customer with the reason(s) why as soon as possible, and, at the latest, 3 days after the agreement was first reached.

 

Article 6 – Price

  1. All prices listed on the website and in other materials provided by the trader are exclusive of VAT (unless otherwise stated) and, unless stated otherwise on the website, exclusive of other charges imposed by government.
  2. Notwithstanding the previous paragraph, the trader is able to offer variable prices for products subject to fluctuations in the financial sector over which the trader has no control. This subjection to fluctuations and the fact that some prices may be guide prices are stated in the offer.
  3. Starting from two weeks after entering into a contract, the trader has the right to change the agreed prices. Customers who do not agree to the changes have the right to terminate the contract without incurring any costs charged by the trader.
  4. Possible extra costs, such as delivery and payment processing costs, are listed on the website and shown during the ordering process.

 

Article 7 – Compliance and guarantee

  1. The trader guarantees that the products, services and digital content comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the existing legal provisions and / or government regulations in force on the date of the conclusion of the contract.

 

  1. In the event that the delivered product, service or digital content is not in accordance with the agreement (is delivered lacking or broken), then the customer should notify the trader within a maximum of 3 business days after they could reasonably have discovered this. Failure to do so means that the customer will no longer be able to claim any form of repair, replacement, compensation and/or refund with regard to this issue.

 

  1. If the trader considers a complaint justified, the relevant products will be, after consultation, repaired, replaced or (partly) compensated. The trader can in this case refer the customer to a manufacturer or supplier.

 

  1. The customer may return products if done in accordance with what is written this paragraph. If a refund is to be made of an already paid amount, the trader will do so within 30 days of receiving the products.

 

  1. Manufacturers and suppliers may provide their own guarantees. These guarantees are not provided by the trader. If the trader choses to do so, they can mediate the invocation of these guarantees by the customer.

 

Article 8 – Delivery and Execution

  1. With due observance of the stipulations in paragraph 3 of this article, the company will execute accepted orders as soon it is possible.
  2. The trader is within their rights to make use of third parties in the carrying out of duties stemming from the contract.
  3. The time of delivery is in principle 30 days, unless otherwise stated on the website or at the time of entering into the contract. The trader reserves the right to choose the means of delivery.
  4. In the event that the trader is not able to deliver the products within the agreed time period, the trader will notify the customer of this and provide a new expected date of delivery. In this case, the customer has the right to terminate the contract and receive compensation due to late or absent delivery, up to a maximum of one times the purchase price, provided that the late or absent delivery is a result of the trader’s gross negligence. Upon receiving notice regarding the late delivery of products or the impossibility of delivering products, the customer must immediately let the trader know if they want to continue with the contract or terminate it.
  5. Unless otherwise stipulated, the responsibility for the products to be delivered is transferred to the customer as soon as the products reach the delivery address. If the customer wishes to pick the products up themselves, the responsibility is transferred at the time of acquiring the products.
  6. If the customer or designated third party is not able to pick up the products at the agreed delivery time, the trader is entitled have the products returned. The trader, in consultation with the customer, will offer to have the products delivered at another time or date and at extra cost. In the event of the delivery being impossible, the payment obligation will be upheld and any extra costs, also for the return of products, will be charged.
  7. If the ordered product is no longer available, the trader will endeavour to provide the customer with a similar product of similar quality. The customer reserves the right to terminate the contract without incurring charges.

 

Article 9 – Duration of transaction: duration, cancellations and extensions

  1. The customer has the right to terminate a contact, entered into for an undetermined time and which extends up until the delivery of products (also including electricity), digital content or services, at any time, as long as the agreed terms of cancellation and cancellation period of two months are respected.
  2. The customer can cancel the agreements listed in the previous paragraphs in writing.
  3. A contract entered into for an undetermined time and which extends up until the delivery of products (also including electricity), digital content or services, can be extended by the same duration as agreed.
  4. The listed cancellation periods apply accordingly for termination by the trader.

 

Article 10 – Payment

  1. The customer is obliged to pay the trader by the means agreed upon during ordering and which is, potentially, listed on the website. The trader is free to choose the means of payment on offer and may occasionally change them. Unless otherwise agreed upon, the payment should be effectuated within a period of 14 days, commencing the day after delivery.
  2. In the event that the customer does not meet the payment obligations on time, the customer shall be in default without any notice of default being required. The trader has the right to raise the owed amount with the statutory interest and is also within their rights to charge the customer the incurred extra-judicial collection and potential procedural costs.

 

Article 11 – Ownership

  1. So long as the customer has not paid the full amount agreed upon, the trader retains ownership of all delivered goods.

 

Article 12 – Liability

  1. Barring guilty intent or gross negligence, total liability of the trader towards customer due to attributable failure to perform the agreement is limited to compensation of the stipulated price in the contract (including VAT). In the event of a duration agreement, the intended liability is limited to compensation of the amount that the customer owed the trader during the 3 months running up to the harmful event.

 

  1. Liability of trader towards customer for indirect damage, including – but explicitly not exclusively – consequential damage, loss of profit, missed savings, loss of data and damage due to interruption of operations, is excluded.

 

  1. The previous articles do not apply to damage the customer has suffered in the resale of products the customer bought from the trader, as a result of the fact that the latter has exercised one or more of their legal rights towards the customer regarding a shortcoming in the products.

 

  1. Insofar as non-permanent compliance is impossible, the liability of the trader towards the customer due to attributable shortcoming in the execution of an agreement only applies after the customer has properly notified the trader in writing, thereby giving a realistic timeframe to rectify the shortcoming, and the trader fails to fulfil their obligations after that timeframe. The notice of default should contain as many details as possible describing the shortcoming, so that the trader can react adequately.

 

  1. A prerequisite to any right to compensation is that the customer notifies the trader of any default as soon as possible, and, at the latest, within 14 days of it being ascertained.

 

  1. In the event of force majeur, the trader is not obliged to compensate any damage incurred by the customer.

 

Article 13 – Complaints procedure

  1. The trader has a sufficiently well-published complaints procedure and handles complaints according do this procedure.

 

  1. Complaints regarding the execution of the contract should be clearly and thoroughly communicated to the trader soon after the customer has noted any defaults.

 

  1. Complaints made to the trader will be handled within 14 days of receiving them. If a complaint requires a longer processing time, the trader will indicate when the customer can expect a more comprehensive answer by sending a report of receipt within the timeframe of 14 days.

 

Article 14 – Disputes

  1. All contracts between the trader and the customer to which terms and conditions apply shall be governed exclusively by Dutch law
  2. Should disputes relating to the contract arise that cannot be settled amicably, then these will be presented to the competent court of the district where the trader is vested. Trader and customer can agree to settle their disputes through binding advice or arbitration.

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