General Terms and Conditions of Desktop Machinery
Desktop Machinery is registered with the Chamber of Commerce under number 61170992 and is located at Zwarteweg 19 (3833 AK) in Leusden.
Article 1 – Definitions
- The terms defined below are used in these general terms and conditions, unless explicitly stated otherwise.
- Desktop Machinery is the trade name of Electronica Voor Jou. Electronica Voor Jou is the sole proprietorship of S. Mars.
- Company: The natural person or legal entity who acts in the performance of his profession or business.
- Consumer: The natural person or legal entity who does not act in the performance of his profession or business.
- Customer: the Company or the Consumer who enters into a contract (at distance) with the Service Provider.
- Buyer: A Company or Consumer who enters into a purchase agreement (at distance) with the Service Provider.
- Service provider: the natural person who offers services to the Customer, hereinafter: Desktop Machinery.
- Offer: Any written offer to the Customer to perform Services and/or to deliver Products by the Service Provider.
- Services: the services offered by Desktop Machinery are maintenance and services, as well as training and workshops.
- Order: the execution of the agreement by Desktop Machinery in respect of the services requested by the Customer.
- Products: the products offered by Desktop Machinery include laser cutters, CNC machines, 3D scanners and printers, software and consumer articles for the professional market and for consumers.
- Agreement: the service contract commissioned by the Customer.
- The website used by Desktop Machinery is https: // www.desktopmachinery.com.
Article 2 – Applicability
- These general terms and conditions apply to all of Desktop Machinery’s Offers and any agreement between Desktop Machinery and a Buyer and to any product offered by Desktop Machinery. The present terms and conditions also apply to all agreements with Desktop Machinery, for the performance of which third parties must be involved.
- Before the conclusion of a contract (at a distance), the Buyer will have access to these general terms and conditions. If this is not reasonably possible, Desktop Machinery will explain to the Buyer in which way the Buyer can view the general terms and conditions, which in any case have been published on the website(s) of Desktop Machinery, so that the Buyer can easily save these general terms and conditions in a durable data carrier.
- Deviations from these general terms and conditions are in principle not possible. In exceptional situations, the general terms and conditions can be deviated from if explicitly agreed in writing with Desktop Machinery. The general terms and conditions of the Buyer and/or the Customer do not apply.
- These general terms and conditions also apply to additional, modified and subsequent agreements with the Buyer.
- If one or more provisions of these general terms and conditions are partially or completely void or are annulled, the remaining provisions of these general terms and conditions will remain unaffected, and the void/annulled provision(s) will be replaced by a provision with the same effect as the original provision.
- Ambiguity with regard to the content and/or interpretation of the Articles in the general terms and conditions or situations that are not provided for in these general terms and conditions, must be assessed and explained according to the spirit of these general terms and conditions.
Article 3 – The Offer
- All offers made by Desktop Machinery are without obligation, unless explicitly stated otherwise in writing. If the offer is limited or subject to specific conditions, this will be explicitly stated in the offer. An offer only exists if it has been recorded in writing.
- Desktop Machinery is only bound by the offer with the Buyer’s acceptance of the offer in writing within fourteen days, unless otherwise indicated. Nevertheless, Desktop Machinery has the right to refuse an agreement with a potential Buyer for a valid reason for Desktop Machinery.
- The offer contains a complete and accurate description of the offered product. The description must be specific to the extent that the Buyer is able to make a good assessment of the offer. Obvious mistakes or errors in the offer cannot bind Desktop Machinery. The images and specific information in the offer are only an indication and cannot be reasons for any compensation or dissolution of the agreement (at distance). Desktop Machinery cannot guarantee that the colours and/or dimensions in the image exactly match the real colours of the product.
- Delivery times in tenders from Desktop Machinery are indicative and do not give the Buyer the right to dissolution or compensation if they are exceeded, unless expressly agreed otherwise.
- A composite quotation does not oblige Desktop Machinery to deliver part of the goods included in the offer or quotation at a corresponding part of the price quoted.
- Offers or tenders do not automatically apply to repeat orders. Offers and quotations are only valid as long as stocks last and while supply lasts.
Article 4 – Establishment of the contract
- The agreement is concluded at the moment the Buyer has accepted an Offer from the Seller.
- An Offer can be made by the Seller via the web shop, by e-mail or verbally.
- If the Buyer has accepted the Offer by concluding an agreement with Desktop Machinery, Desktop Machinery will confirm the agreement with the Buyer in writing by e-mail. If the agreement has been made by telephone, Desktop Machinery will confirm the Order by e-mail and send an invoice to the Buyer with his order.
- If the acceptance deviates (with regard to minor details) from the offer included in the quotation or invoice, then Desktop Machinery shall not be bound by it. The Buyer must pay the full tender or invoice, unless the Buyer can prove that it has been otherwise agreed.
- Desktop Machinery is not bound by an Offer if the Buyer could reasonably have expected or should or could have understood that the Offer contains an obvious mistake or error. The Buyer can not derive any rights from this mistake or error.
- The right of withdrawal does not apply to a Company. The right of withdrawal does not apply to a Consumer if the services and/or products are provided within the reflection period of 14 days and can be used immediately after purchase. Consumers can dissolve the agreement free of charge within 14 days. If Desktop Machinery has incurred costs for the execution of the Order, the Customer is bound to pay such costs.
Article 4A – Extended transactions
- If the Buyer is a consumer, he can terminate an agreement for an indefinite period of time which extends to the regular delivery of products, with due observance of a notice period of one month and the agreed cancellation rules. If the Buyer acts in the performance of his profession or business, he can only terminate this agreement with a notice period of three months in accordance with the agreed cancellation rules.
- The termination of the aforementioned agreement can be cancelled by the Buyer in the same manner as the Buyer has concluded the agreement.
- A fixed-term agreement for the regular delivery of products ends automatically after the last delivery.
- If an agreement lasts longer than one year, the agreement may be terminated by the Buyer at any time with due observance of a notice period of no more than one month, unless such cancellation before the end of the agreed duration can reasonably and fairly not be justified.
Article 5 – Consultancy and training
- If Desktop Machinery provides training on the Customer’s location, the Customer must provide suitable accommodation and any reasonably required facilities for Desktop Machinery.
- Cancellation of the contract without charge is only possible up to four weeks before the start date of the implementation of the service. In case of cancellation from three weeks before the start date, the Customer must reimburse 50% of the agreed price, from two weeks up to the commencement date 75%, and in case of cancellation from one week up to the commencement date, the Customer must pay the full agreed amount.
- All costs that Desktop Machinery incurs for a training, including but not limited to renting a location, providing for the catering, providing materials and other costs necessary to conduct the training activities, are at the expense of the Customer. Where agreed, the Customer can make a suitable space available in his premises as well as, where applicable, any required items and materials at Desktop Machinery’s first request.
- If a participant is unable to participate in the training due to a situation of force majeure at the agreed time, the participant must contact Desktop Machinery to discuss the subsequent procedure.
Article 6 – Execution of the agreement
- Desktop Machinery will endeavour to execute the agreement with the greatest possible care, as may be required of a good contractor. All services are performed on the basis of a best-effort commitment, unless a result has been explicitly agreed in writing which is described in detail.
- Where required for a proper execution of the agreement, Desktop Machinery has the right to have certain work carried out by third parties at its own discretion.
- In the execution of the services, Desktop Machinery is not obliged or bound to follow the instructions of the Customer if this changes the content or scope of the agreed services. If the instructions provide additional work for Desktop Machinery, the Customer is obliged to reimburse the additional or supplemental costs accordingly.
- The Buyer shall ensure that all data, of which Desktop Machinery indicates that such data are necessary or of which the Buyer should reasonably understand that such data are necessary for the execution of the agreement, are provided to Desktop Machinery in a timely manner. If the data required for the execution of the agreement are not provided to Desktop Machinery in time, then Desktop Machinery has the right to suspend the execution of the agreement and/or to charge the Buyer with the extra costs arising from the delay according to the customary rates.
- Desktop Machinery is not liable for damage of any kind whatsoever arising from the fact that Desktop Machinery assumed incorrect and/or incomplete information provided by the Buyer, unless Desktop Machinery was aware of such incorrectness or incompleteness.
- If work is carried out by Desktop Machinery or by third parties engaged by Desktop Machinery under the terms of the Order at the location of the Customer or a location designated by the Customer, the Customer will provide the reasonably required facilities free of charge.
- The Buyer indemnifies Desktop Machinery against any claims from third parties that suffer damage in connection with the execution of the agreement and which is attributable to the Buyer.
- If employees of the Customer place an Order with Desktop Machinery, Desktop Machinery must be able to rely on the fact that these employees do so with permission and on behalf of the Customer and the Customer is obliged to fulfil all obligations arising from this agreement.
- In the event the Parties have agreed on a customised product, the parties will record all features, functionalities, characteristics and more of the product to be developed. The product is only made on the basis of these arrangements agreed in writing. If the arrangements made are too brief to meet the Customer’s wishes, the parties must consult with each other and the arrangements or the agreement must be adjusted accordingly. Desktop Machinery retains the intellectual property rights of the final product.
Article 7 – Additional work and changes
- If during the execution of the agreement it appears that the agreement must be adjusted and/or supplemented, or at the request of the Customer, further work is necessary to achieve the desired result of the Customer, the Customer is obliged to reimburse such additional activities according to the agreed rate. Desktop Machinery is not obliged to comply with this request, and may require the Customer to conclude a separate agreement for this.
- If and insofar as a fixed price has been agreed for the performance of certain services, and the execution of those services leads to additional work that cannot reasonably be deemed to be included in the fixed price, Desktop Machinery shall be entitled to these charge such costs to the Customer in consultation with the Customer.
Article 8 – Delivery and Completion
- Delivery basically takes place from the location of Desktop Machinery’s supplier.
- If the commencement, progress or delivery of the services is delayed because, for example, the Buyer has failed to timely provide all requested information or does not sufficiently cooperate, the (purchase) payment has not been received in time by Desktop Machinery or by other parties or due to other circumstances, which are at the expense and risk of the Buyer, Desktop Machinery is entitled to a reasonable extension of the delivery/completion term. All agreed (completion) delivery times shall not be deadlines. The Buyer must declare Desktop Machinery in default in writing and grant it a reasonable period of time in order to be able to still deliver.
- The Buyer is obliged to take delivery of the goods at the moment they are provided to him according to the agreement.
- If the Buyer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, Desktop Machinery is entitled to store the goods at the expense and risk of the Buyer.
- If the goods are delivered by Desktop Machinery or an external carrier, Desktop Machinery is entitled, unless otherwise agreed in writing, to charge any shipping and delivery costs. These will in such case be invoiced separately. These deliveries are made up to the front door unless expressly agreed otherwise.
- Where it has been agreed that delivery and placement must take place in the Buyer’s premises, this will be entirely at the risk of the Buyer, regardless of what has been agreed with regard to the calculation of the delivery costs.
- If Desktop Machinery requires information from the Buyer under the terms of the execution of the agreement, which has not yet been provided by the Buyer to Desktop Machinery, the delivery period commences after the Buyer has provided such information to Desktop Machinery.
- Any delivery period specified by Desktop Machinery is indicative. If the product is in stock, and if delivery is on schedule, Desktop Machinery will deliver the product in accordance with the delivery term stated in the offer, subject to (exceptional) circumstances causing delays to the delivery period. The deadline for the execution of orders is six months.
- Desktop Machinery is entitled to deliver the goods in parts, unless this has been deviated from by agreement or if the partial delivery does not have an independent value. Desktop Machinery is entitled to invoice the delivered goods separately.
- Desktop Machinery reserves the right to refuse delivery if there is a valid fear of non-payment. Deliveries can be made once all invoices have been paid for which the 14-day payment term has expired.
- The Buyer must sign for the receipt of a delivery.
Article 9 – Examination, complaints
- The Buyer is obliged to examine the delivered goods at the time of delivery, and in any case within fourteen days after receipt of the delivered items, however, the items are to be unpacked or used only to the extent necessary to assess whether the Buyer shall keep the product. In addition, the Buyer must examine if the quality and quantity of the delivered goods corresponds with the agreement and the products meet the requirements that apply in regular trade and transactions.
- The Buyer is obliged to examine how the product should be used and, in case of personal use, to test the product in accordance with the instructions for use. Desktop Machinery does not accept any liability for the incorrect use of the product by the Buyer, nor for incorrect information given by the Buyer to the Buyer’s customers.
- Any visible defects or shortages must be reported to Desktop Machinery in writing within 14 days after delivery at email@example.com. A period of eight days after delivery applies to companies. Invisible defects or shortcomings must be reported within one month of the discovery and at the latest within twelve months after delivery. In the event of damage to the product due to careless handling by the Buyer itself, the Buyer is personally liable for any loss of value of the product.
- A number of products are excluded from the right of withdrawal and can not be returned by the Buyer. This is clearly stated in the Offer.
- If a complaint is made in time pursuant to the second paragraph, the Buyer remains obliged to purchase and pay for the purchased items. Defective goods can only be returned by the Buyer with the prior written permission of Desktop Machinery in the manner indicated by Desktop Machinery. Desktop Machinery has the right to refuse products of which the packaging seal has been broken and/or has already been taken into use by the Buyer (or third parties).
- If the Buyer uses his right of withdrawal, he must return the product and all accessories, insofar as this is reasonably possible, to Desktop Machinery in the original condition and packaging, in accordance with the return instructions of Desktop Machinery. The Buyer can contact us for the purpose of the return dispatch at firstname.lastname@example.org.
- If the Buyer makes use of his right of withdrawal, the costs will be for his account.
- Return shipments can be sent to the official address of establishment.
- Refunds to the Buyer will be processed as soon as possible, but the payment can take up to 30 days after receipt of the return shipment. Refunds are made to the previously specified account number.
Article 10 – Prices
- During the validity period of the Offer, the prices of the offered products will not be increased, except in the event of any changes in VAT rates.
- The prices stated in the offer are exclusive of VAT and other government levies as well as shipping and any transport and packaging costs, unless explicitly stated otherwise. The amount including VAT is shown on the invoice and during the online checkout.
- In case of products that are subject to price fluctuations on the financial market and which Desktop Machinery has no control of, Desktop Machinery can offer these products with variable prices. The Offer states that the prices are target prices and may fluctuate.
- Three months after the conclusion of the agreement, price increases by Desktop Machinery can be applied at its own discretion. If price increases take place within these three months, this can only be the result of price increases within 3 months after the conclusion of the agreement due to a statutory regulation.
Article 11 – Payment and collection policy
- Payment must in principle be made in advance and online, by digital transfer or iDEAL. In exceptional cases, an invoice with a 14-day payment period can be paid in a manner indicated by Desktop Machinery in the currency in which the invoice is made. If Desktop Machinery carries out the Order (partly) on the Customer’s location, additional costs (travel and accommodation costs and, where applicable, parking costs) will be charged. Objections against the amount of the invoices do not suspend the payment obligation.
- The Buyer can not derive any rights or expectations from a pre-issued budget, unless the parties have explicitly agreed otherwise.
- If agreed, the Buyer must make a down payment.
- The Buyer must pay such costs in once by invoice, on the account number and details of Desktop Machinery provided to him. Except in special circumstances, the Buyer can only agree on a further deadline in which the amount due has to be paid after explicit and written permission from Desktop Machinery.
- In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, the claims of Desktop Machinery on the Buyer shall become immediately due and payable.
- Desktop Machinery is entitled to have the payments made by the Buyer to first apply to settle the costs, then to pay the interest still due and finally to pay the principal sum and the current interest. Desktop Machinery can, without being in default, refuse an offer of payment if the Buyer wishes to pay the various amounts due in a different order. Desktop Machinery can refuse full payment of the principal sum, if the interest due and accrued interest as well as the costs are not paid as well.
- If the Buyer fails to fulfil his payment obligation, and has not fulfilled his obligation within the stipulated payment 14-day payment period, the Buyer (if the Buyer has made the Order without further notice of default in the performance of his profession or business) shall be in default without further notice of default and the Buyer will receive a written reminder with the request to still pay the due amount within the set period.
- From the date Buyer is in default, Desktop Machinery shall claim legal commercial interest (i.e. at least 5% per annum) from the due date of each invoice, without further notice of default, up to full payment and compensation of extrajudicial costs in accordance with Book 6, Article 96 of the Dutch Civil Code, to be calculated according to the scale of the decision for extrajudicial collection costs of 1 July 2012. Consumers receive a written reminder before they are in default, after which they receive a reminder in which they are informed about the consequences of the default that has become effective.
9 If Desktop Machinery has incurred more or higher costs that are reasonably necessary, these costs shall be eligible for compensation by the Buyer. The legal and execution costs incurred are also at the expense of the Buyer.
Article 12 – Retention of title
- Desktop Machinery retains the title to all items delivered by Desktop Machinery until the Buyer has fulfilled all of the following obligations from all agreements made with Desktop Machinery.
- The Buyer is not authorised to establish a possessory lien on the items that fall under the retention of title or to encumber them in any other way.
- If third parties seize the goods delivered under retention of title or want to establish or assert rights on such goods, the Buyer is obliged to notify Desktop Machinery as soon as can reasonably be expected.
- In the event that Desktop Machinery wishes to exercise its proprietary rights in this Article, the purchaser shall at present give unconditional and irrevocable permission to Desktop Machinery or third parties to be designated by Desktop Machinery, to gain access to all those places where Desktop Machinery’s property is located and to take such items back.
- Desktop Machinery has the right to retain the product(s) purchased by the Buyer if the Buyer has not yet fully complied with its payment obligations, in spite of Desktop Machinery’s obligation to transfer or issue such product(s). After the Buyer has fulfilled its obligations, Desktop Machinery will deliver the purchased products to the Buyer as soon as possible, but no later than within 7 workdays, if the Buyer’s delivery address is in the Netherlands.
- Costs and other (consequential) damage as a result of the retention of the purchased products are for the account and risk of the Buyer and will be reimbursed by Buyer at the first request to Desktop Machinery.
Article 13 – Guarantee
- Desktop Machinery guarantees that the products comply with the agreement, the specifications stated in the offer, usability and/or reliability and the legal rules/regulations at the time of the conclusion of the agreement. This also applies if the goods to be delivered are intended for use abroad and the Buyer has expressly notified the seller of such use in writing at the time of the conclusion of the agreement.
- The aforementioned guarantee applies for a period that corresponds to the manufacturer’s guarantee. Desktop Machinery is never responsible for the suitability of the products for each individual application by the Buyer and for (advice on) the use or application of the products.
- If the goods to be delivered do not comply with these guarantees, Desktop Machinery will replace the goods within a reasonable period after receipt thereof or make sure they will be repaired. In the event of replacement, the Buyer agrees at present to return the replaced item to Desktop Machinery and to provide the property to Desktop Machinery.
- The guarantee referred to here does not apply if the defect arises as a result of irresponsible or improper use or if, without the written permission of Desktop Machinery, the Buyer or third parties have made or have attempted to make changes to the products of have used them for purposes for which the products are not intended or if the products have been used under abnormal circumstances.
- If the guarantee provided by Desktop Machinery is related to a product that was produced by a third party, the guarantee is limited to the guarantee provided by the manufacturer of the product.
Article 14 – Suspension and dissolution
- Desktop Machinery is entitled to suspend the fulfilment of the obligations or to dissolve the agreement, if the Buyer does not or not fully comply with the (payment) obligations from the agreement.
- In addition, Desktop Machinery is entitled to terminate the agreement(s) existing between Desktop Machinery and the Buyer, to the extent the agreement has not yet been executed, without court intervention, if the Buyer fails to fulfil the obligations from any agreement concluded with Desktop Machinery that are not met on time or not properly, as well as in the event of bankruptcy or suspension of payment on the part of the Buyer or in the event of the liquidation of his business of business operations are stopped.
- Furthermore, Desktop Machinery is entitled to terminate the agreement without prior notice of default if circumstances arise which are of such a nature that fulfilment of the agreement is impossible or, according to standards of reasonableness and fairness, can no longer be required or if other circumstances occur which are of such a nature that unaltered maintenance of the agreement cannot reasonably be expected.
- If the agreement is dissolved, Desktop Machinery’s claims on the Buyer are immediately due and payable. If Desktop Machinery suspends fulfilment of the obligations, it retains its rights under the law and agreement.
- Desktop Machinery always reserves the right to claim compensation.
Article 15 – Limitation of liability
- If the execution of the agreement by Desktop Machinery results in liability of the Buyer in respect of third parties, the liability is limited to the costs charged by Desktop Machinery in connection with the agreement. The liability is in any case limited to the maximum amount of the damage paid by the insurance company per event per year.
- Desktop Machinery is not liable for consequential damage, indirect damage, trading loss, loss of profit and/or loss, missed savings, damage due to business interruption and damage resulting from the use of products supplied by Desktop Machinery.
- Furthermore, Desktop Machinery is not liable for any damage caused by a Buyer and/or User through abuse of device or improper maintenance. If you have questions about this, please contact Desktop Machinery.
- Desktop Machinery is not liable for damage that is or may be the consequence of any act or omission due to (incomplete and/or incorrect) information on the website(s) or information in linked websites.
- Desktop Machinery is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason.
- Desktop Machinery does not guarantee the correct and complete transmission of the contents of an e-mail sent by/on behalf of Desktop Machinery, nor for the timely receipt thereof.
- All claims of the Buyer due to defects on the part of Desktop Machinery shall be cancelled if they are not reported in writing to Desktop Machinery stating reasons within one year after the Buyer was aware of or reasonably could be aware of the facts on which his claims are based.
Article 16 – Confidentiality
- Desktop Machinery and the Customer undertake to maintain confidentiality of all confidential information obtained in the context of an assignment. Confidentiality arises from the Order or comprises information that can reasonably be expected to be confidential information.
- If Desktop Machinery is obliged to (also) provide the confidential information to a lawfully competent court or indicated third party by virtue of a statutory provision or a court decision, and Desktop Machinery cannot appeal to a right of non-disclosure, Desktop Machinery is not obliged to pay any compensation and the Customer is not entitled to terminate the agreement.
- The obligation to observe confidentiality must also be imposed by Desktop Machinery and the Customer on third parties engaged by them.
Article 17 – Transfer of risk
The risk of loss or damage to the products that are the subject of the agreement will pass to the Buyer at the time they are actually delivered to the Buyer and are thereby placed under the control of the Buyer or third parties to be designated by the Buyer.
Article 18 – Force majeure
- Desktop Machinery is not liable if it is unable to fulfil its obligations under the agreement as a result of a situation of force majeure, nor can it be obliged to fulfil any obligation if it is prevented from doing so as a result of a circumstance that is not is due to its fault, and for which Desktop Machinery is not responsible under the law, a legal act or generally accepted opinions either.
- Force majeure at any rate comprises, but is not limited to the provisions in law and jurisprudence, (i) force majeure of suppliers of Desktop Machinery, (ii) failure to properly fulfil obligations on the part of subcontractors required or recommended by Buyer to Desktop Machinery, (iii) defective goods, equipment, software or materials from third parties, (iv) government measures, (v) power failure, (vi) internet failure, failure of data network and telecommunication facilities (for example: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the Company of Desktop Machinery and (xi) other situations that in the opinion of Desktop Machinery fall outside its control to prevent the fulfilment of its obligations either temporarily or permanently.
- Desktop Machinery has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after Desktop Machinery should have fulfilled its obligation.
- During the period that the force majeure continues, the parties may suspend their obligations under the agreement. If this period lasts longer than two months, each of the parties is entitled to dissolve the agreement, without any obligation to compensate the other party for damage.
- Where Desktop Machinery, at the time of the occurrence of force majeure, has already partially fulfilled its obligations under the agreement or will be able to fulfil them, and the part fulfilled or to be fulfilled has independent value, Desktop Machinery is entitled to invoice the already fulfilled or to be fulfilled part separately. The Buyer shall be obliged to pay this invoice as if it were a separate agreement.
Article 19 – Privacy, data processing and security
- Desktop Machinery observes due care with the (personal) data of the Buyer and Users of the website(s) and will only use such data in accordance with the privacy statement. If requested, Desktop Machinery will inform the person concerned about this. Any questions about the processing of personal data and further information can be sent by e-mail to email@example.com.
- If, pursuant to the agreement, Desktop Machinery must provide information security, such protection must comply with the specifications agreed and a level of security that is not unreasonable in view of the state of the art, the sensitivity of the data, and the associated costs.
Article 20 – Complaints
- If the Buyer is not satisfied with the service or products of Desktop Machinery or otherwise has complaints about the purchase agreement, the Buyer is obliged to report these complaints as soon as possible, but no later than within 2 weeks after the relevant reason causing the complaint. Complaints can be reported via firstname.lastname@example.org with the subject “complaint”.
- The complaint must be sufficiently substantiated and/or explained by the Buyer to enable Desktop Machinery to deal with the complaint.
- Desktop Machinery will react substantively to the complaint as soon as possible, but no later than 5 workdays after receipt of the complaint.
- The Parties will endeavour to come to a joint solution.
Article 21 – Applicable law
- Dutch law applies to every agreement between Desktop Machinery and the Buyer. The applicability of the (CISG) Vienna Sales Convention is explicitly excluded.
- In the event of any discrepancies in the interpretation of the content and scope of these general terms and conditions, the Dutch text shall at all times be decisive.
- All disputes arising by or in relation to the agreement between Desktop Machinery and the Buyer will be submitted to the competent court in Midden-Nederland, Amersfoort, unless another competent court is appointed by the rules of mandatory law.