General Terms and Conditions 2024 | V20.2.4

  • Definitions

In these terms and conditions, the following is understood to mean:

  1. Terms and Conditions: The present general terms and conditions.
  2. Cremers Computer Company: Cremers Computer Company, having its registered office in Urmond and Someren and registered in the Trade Register under number 14042363, also trading under the name Hosted Bellen, Bosen.
  3. Counterparty: The company, natural person, or legal entity with whom Cremers Computer Company has concluded an agreement or is in negotiations regarding such an agreement.
  4. Parties: Cremers Computer Company / Hosted Bellen / Bosen and the Counterparty.
  5. Delivery: The placing of items, services, products, or designs offered by the Counterparty for processing into the actual possession of the Counterparty.

 

  • Applicability
  1. These General Terms and Conditions apply to all products, designs, services, quotations, invoices, and email messages of Cremers Computer Company and to all agreements entered into with Cremers Computer Company.
  2. The website of Cremers Computer Company focuses exclusively on the Dutch market.
  3. Cremers Computer Company reserves the right to modify or supplement these terms and conditions from time to time.
  4. By using the Cremers Computer Company website and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the website.

 

  • Prices
  1. All prices are expressed in Euros and, unless otherwise stated, exclude 21% VAT.
  2. Offers are valid only for the duration stated with the offer and are valid while stocks last.

 

  • Offer and order
  1. All quotations from Cremers Computer Company, in whatever form, are always without obligation, non-binding, and subject to availability, unless otherwise agreed.
  2. All quotations are valid for 14 days from the date on the letterhead, subject to interim price changes. After this period, the entire quotation expires.
  3. All images, drawings, and data regarding weights, dimensions, and color on the website have been compiled with the greatest possible care. However, the buyer cannot derive any rights from this.

 

  • Payment
  1. Orders placed via the website can only be paid for in advance. Companies have the option to pay by invoice.
    Prepayment is made by transferring the order amount, including VAT, quoting the order number, to account NLRABO0104962313 in the name of Cremers Computer Company in Someren. The order will be processed upon receipt of payment.
    For payment by invoice, Cremers Computer Company applies a payment term of 14 days.
  2. If payment is not received on the due date, the Buyer owes statutory interest on the outstanding amount after notice of default.
  3. The buyer shall also be liable for all (extra-)judicial costs of any nature whatsoever that Cremers Computer Company has had to incur as a result of the buyer's non-fulfillment of its (payment) obligation.
  4. For orders from €1,000, a 60% - 40% arrangement applies:
    - 60% of the invoice amount upon order, payment at least 7 days before delivery and/or commencement of work,
    - 40% of the invoice amount upon delivery/execution of work, payment within 14 days of the invoice date.
    For orders from €2,500, a 100% scheme applies:
    - 100% upon order, payment within 7 days net after invoice date.
    For deliveries to private individuals, a different payment condition applies, namely:
    - 100% upon order, payment within 7 days net after invoice date.
    Failure to pay the first installment invoice on time will result in a delay in delivery or a postponement of the commencement of the work.

 

  • Delivery and delivery time
  1. Delivery by Cremers Computer Company will take place with due speed but at least within thirty days of the order, unless otherwise indicated by Cremers Computer Company. If delivery does not take place on time, you will receive notification within 30 days of placing the order and you have the right to terminate the agreement free of charge until the moment of delivery by giving written notice thereof to Cremers Computer Company. Exceeding the delivery period does not entitle you to compensation. In the event of termination, amounts already paid will be credited as soon as possible but within 30 days of termination.
  2. If a product is ordered by the buyer that is temporarily out of stock or no longer available, this will be indicated by email or telephone.
  3. The place of delivery is stated in the order confirmation. Cremers Computer Company is entitled to ship all orders to that address, unless you provide written notification of a different delivery address.

 

  • Right of return
  1. If the consumer is not satisfied with the product, they have the 'right of return' within 7 working days after delivery of the product. The consumer may then return the order without giving a reason, in which case the purchase amount will be refunded. The costs for returning the product are at the buyer's expense, and restocking fees will be deducted from the original purchase amount. The product must be returned undamaged; the seal and packaging must not be damaged or broken. The product must not have been used and must still be saleable.
  2. The right of return does not apply to purchases that are "special" or made/designed to order, or to products whose seal and packaging are damaged or broken. For all "special" orders, it is clearly stated in advance that they cannot be returned or cancelled.
  3. Restocking and administrative costs refer to costs arising from processing a request, checking/preparing products for stock, and the administrative handling thereof.
    In principle, we apply two different rates, namely 30 percent of the sales value of the product in question.
    For unopened products, 30% is charged; for opened products, a fixed restocking fee of €45.00 is charged.
  4. The purchase amount will be refunded within 30 days (if already paid). The costs for returning a product and restocking and administrative costs will be deducted from the amount to be refunded.

 

  • Ownership and risk
  1. Ownership of products, notwithstanding actual delivery, shall only pass to the buyer after the amount due to Cremers Computer Company under any agreement has been fully paid.
  2. Before the buyer becomes the owner of the products or designs, he may not rent out, lend, encumber, or further burden the products. The buyer is only entitled to sell the products owned by Cremers Computer Company to third parties insofar as this is necessary in the context of the buyer's normal business operations. The buyer shall inform his customers of the supplier's ownership rights.
  3. The risk transfers at the moment of delivery of the products.

 

  • Intellectual property rights
  1. The Client is permitted to the software, on which no (intellectual) property rights rest or which are expressly not
    are exercised (so-called freeware), which are located on the website of Cremers Computer Company, to download and use.
  2. The Client must respect the intellectual property rights regarding protected software and/or other works
    respects and indemnifies Cremers Computer Company against any liability for this.
  3. All scripts and source code remain the property of Cremers Computer Company at all times and may be used exclusively on the servers of Cremers Computer Company, unless otherwise agreed in writing.

 

  • Warranty
  1. Cremers Computer Company guarantees that products meet the customary requirements and standards that can be expected of them and are free from any defects for a period of twelve months from the date of delivery, unless otherwise agreed in the order confirmation. If the product shows a defect within the warranty period, Cremers Computer Company will repair or replace it free of charge within a reasonable time.
  2. Work performed that is necessary to repair a computer system during or after hardware replacement falls outside the warranty provisions. This hardware replaced under warranty will not be charged.
  3. Repair and/or replacement does not restart the warranty period.
  4. This warranty does not apply if the defect is the result of an external cause and/or is not attributable to Cremers Computer Company, including accidents, damage, exposure to water, short circuits, and lightning strikes.
  5. The warranty shall under no circumstances extend to compensation for costs or damage resulting from the buyer making modifications or repairs to the product themselves.
  6. In the event that "viruses" are detected, Cremers Computer Company reserves the right to remove them and charge the associated costs.
  7. Software is not covered by the warranty provisions. If hardware needs to be replaced, the customer must reinstall it themselves or in consultation with Cremers Computer Company.
  8. When purchasing a computer, it may come with an additional warranty, which is broken down into 3 different warranty handling options and the respective number of years of the warranty period (1, 2, or 3 years).
    a) Carry-In: The computer must be dropped off and picked up after repair.
    b) Pick-up & Return: The computer is picked up and returned after repair.
    c) On Site: Attempt to repair the computer system on-site; if this is not possible, we will take it for repair and return it.
  9. Cremers Computer Company is never liable for the payment of any compensation.

 

  • Repair out of warranty
  1. Send the defective device, well-packaged and accompanied by a clear description of the complaint/defect, to Cremers Computer Company, stating "repair out of warranty".
  2. Upon receipt, the defective device is booked in and assessed.
  3. A quotation (PO) is subsequently prepared.
  4. Upon agreement to the quotation (PO), the device will be repaired and returned well-packaged.
  5. You agree to the conditions below at the moment your defective device arrives at our premises.
    If there is no response to a PO, Cremers Computer Company reserves the right to destroy the defective device in an environmentally friendly manner 6 weeks after the PO is issued.

 

  • Applicable law and competent court
  1. Dutch law applies to all legal relationships between the Contractor and the Client.
  2. All disputes, insofar as they fall within the jurisdiction of the district court, shall be adjudicated in the first instance by the competent court in the place of establishment of the client.

 

  • Security and Privacy
  1. In the context of its services, Cremers Computer Company processes personal data of customers. Personal data is used to: Execute the agreement or take pre-contractual measures; Inform customers about products and services of Cremers Computer Company; Conduct market research and analysis to improve the services of Cremers Computer Company; Forward domain name registration applications to registering authorities.
  2. Cremers Computer Company acts as an intermediary for the application, allocation, and potential use of a domain name. Such applications are subject to the applicable rules and procedures of the relevant registration authorities, such as the Stichting Internet Domeinregistratie Nederland (SIDN). The relevant authority decides on the allocation of a domain name. In order to process the application, Cremers Computer Company will provide Personal Data to these authorities to the extent necessary within the context of the application.
  3. The complete and current privacy statement of Cremers Computer Company can be found online.
    be consulted on https://www.c3ict.nl/privacy
  4. Cremers Computer Company does not access non-public information, including Personal Data, placed on our systems by the customer, unless this is necessary for the proper performance of the services or such access is based on a legal obligation.
  5. The customer acknowledges that Cremers Computer Company, as an internet provider, is an independent entity.
    has a retention obligation regarding traffic and location data based on the Telecommunications Data Retention Act.
  6. To the extent that Cremers Computer Company processes personal data on behalf of the Customer by means of the services, Cremers Computer Company does so as a processor of personal data within the meaning of the General Data Protection Regulation (GDPR). The Addendum to these General Terms and Conditions contains the terms and conditions of this Processing of Personal Data by Cremers Computer Company.

 

  • Liability
  1. The liability of Cremers Computer Company for direct damage suffered by the customer as a result of an attributable failure or unlawful act by Cremers Computer Company, its employees, or third parties engaged by it, is limited per event or series of related events to an amount equal to the fees payable by the customer under this agreement per year. In no event, however, shall the total compensation for direct damage exceed EUR 500 (excluding VAT).
  2. Cremers Computer Company's liability for indirect damages, including consequential damages, lost profits, lost savings, loss of (business) data, and damage due to business interruption, is excluded.
  3. No liability exists in the event of force majeure. Force majeure is understood to mean all external causes that were not reasonably foreseeable and as a result of which Cremers Computer Company is unable to fulfill its obligations towards the customer. This includes, but is not limited to, failures in the internet connection, failures in the telecommunications infrastructure, non-delivery or defective delivery of third-party products by the supplier, and failures in networks, as well as non-attributable shortcomings of third parties used by Cremers Computer Company in the performance of the agreement.
  4. During force majeure, the delivery and other obligations of Cremers Computer Company shall be suspended. If the period during which performance of the obligations by Cremers Computer Company is impossible due to force majeure lasts longer than two (2) months, either party shall be entitled to dissolve the agreement without judicial intervention, without the other party having any right to compensation.

 

  • Duration and termination of the agreement
  1. The agreement is always entered into for the term specified in the agreement. The agreement will be extended for the same term, unless one of the parties notifies the other party no later than 30 days before the end date of the current term that it will not extend the agreement.
  2. Cancellation is possible via the website, provided that the notice period does not commence until the day Cremers Computer Company receives confirmation of the cancellation. Receipt will be confirmed within eight days.
  3. If Cremers Computer Company chooses to terminate a specific subscription type or special service, Cremers Computer Company may cancel the subscription with a notice period of 30 days. In such cases, the unused portion of prepaid amounts will naturally be refunded.
  4. Cremers Computer Company reserves the right to modify or supplement these terms and conditions. Amendments also apply to agreements already concluded, subject to a period of 30 days following the publication of the amendment on the Cremers Computer Company website or via electronic communication. Amendments of minor importance may be implemented at any time. If the customer does not wish to accept an amendment to these terms and conditions, he may terminate the agreement on the date on which the new terms and conditions come into effect.
  5. A subscription to a service from Cremers Computer Company can be changed to a more expensive subscription type at any time. Any subscription fee already paid will be deducted from the price of the new subscription. Changes to lower-priced subscriptions can only be made at the end of a subscription period and only if the customer has notified Cremers Computer Company of this at least thirty (30) days before the end of the current subscription period.
  6. Cremers Computer Company is entitled, without further notice of default or judicial intervention, to dissolve the Agreement with immediate effect and to discontinue the Cremers Computer Company services if;
    a) the customer has provided Cremers Computer Company with false and/or incorrect personal data concerning him;
    b) the customer entered into the agreement under false pretenses;
    c) the customer acts in violation of Article 5;
    d) the supplier of third-party products can no longer supply the relevant service and/or product;
    e) bankruptcy is filed against the customer;
    f) the customer is granted a suspension of payments (whether provisional or not);
    g) the customer's business is liquidated or terminated other than for the purposes of reconstruction or merger of businesses;
    h) the customer fails to meet his payment obligations
  7. Upon termination or dissolution of the agreement, the right to use the services shall immediately cease to exist, and the connection to the system provided to the customer shall be immediately deactivated by Cremers Computer Company. The customer shall immediately cease to use the system and the services.
  8. After termination or dissolution of the agreement, Cremers Computer Company will destroy the data provided by the customer regarding websites, databases, and mail systems thirty (30) days after termination or dissolution, unless such (personal) data is necessary for the settlement of the agreement or if Cremers Computer Company is otherwise entitled to dispose of such (personal) data. Cremers Computer Company reserves the right to retain data as evidence for any future claims and proceedings.

Urmond, January 2024

Appendix 1: Processing agreement