General Terms and Conditions ivizi

Last changes made on January, 24th 2017

Address: Molensingel 25, 6229 PB Maastricht, The Netherlands
Chamber of Commerce registration number: 14131364
VAT identification number: NL.8223.13.017.B01
Email address: info@ivizi.nl
Domain: www.ivizi.nl

1. Definitions

ivizi:

Consumer:
natural person that purchases products/services from ivizi for personal use. Non-consumer: legal or natural person that is not a consumer.

Purchaser:
every natural or legal person that purchases products and/or services from ivizi. Products: goods for sale which legally bind the purchaser to ivizi, such as equipment, software and / or supplies.

Services:
the services and support provided by or in name of ivizi, whether related to products or not, including installations, training, education, repair and maintenance. Software: computer software.

Secondhand products:
Products which have already been used by customers in or outside of the store.

Contract:
Any contract between ivizi and purchaser.

Distance contract:
a contract between ivizi and purchaser as stated in article 7:46a of the Dutch Civil Code and which was concluded electronically within the scope of the system organized by ivizi which uses multiple techniques for distant sales and communication.

Online shop:
ivizi's digital shop through its website www.ivizi.nl

Shop:
all (stone) ivizi shops

2. Applicability of these General Terms and Conditions

2.1 These General Terms and Conditions apply to all (online) offers, (online) quotations and (online) contracts regarding product sales and/or services to purchasers by ivizi. When a provision of these Terms and Conditions only applies to consumers or non-consumers, this will be stated. For contracts concluded through the online shop the special conditions as stated in article 9, which apply first in case of contradiction with the other conditions of these Terms and Conditions, apply.

2.2 Each deviation or change in the General Terms and Conditions requires prior written authorization by ivizi. A possible deviation only applies to the relevant contract and cannot be called upon in other contracts, unless otherwise agreed in writing.

2.3 Exclusively these General Terms and Conditions will apply to all (online) offers, (online) quotations and (online) contracts regarding the sales of products and/or services to the purchaser by ivizi notwithstanding any contrary term in the general (sales) conditions or modifications made by the purchaser (s) by invoice or order confirmation form. These General Terms and Conditions exclude all other terms and conditions unless otherwise agreed in writing.

2.4 ivizi reserves the right to change and/or add to these General Terms and Conditions. The version of the Terms and Conditions as prevailing at the time of agreement’s conclusion always apply.

2.5 In the event that any provision of these terms and conditions shall be deemed invalid or otherwise non-binding by a court of competent jurisdiction, the other terms of these terms and conditions shall remain in full force and effect.

2.6 In addition to the general terms and conditions, special terms and conditions may apply to offers.

2.7 When entering an ivizi shop it will be made clear to all (potential) purchasers that ivizi has general terms and conditions at its disposal which apply to all agreements and which can be consulted in every ivizi branch. These terms and conditions can be consulted on site on request of the purchaser and will be send by e-mail free of charge and are also available on www.ivizi.nl.

3. Offers, orders and deliveries.

3.1 All offers, tenders and quotations by ivizi (hereinafter called: offers), in any shape are completely without any obligations. Interim sell out reserved. Offers apply during the period as set in the offers’ terms and conditions. In the absence of such period, the offer will apply for ten days from the date of tender.

3.2 For non-consumers the (delivery) periods set by ivizi are indicative. Stated (delivery) terms can never be considered to be fatal. If a change in circumstances, regardless of the foreseeability thereof, results in a delay, the date of delivery will be delayed accordingly, without prejudice to what is stated below regarding force majeure. In late delivery ivizi should be declared in default, imposing a reasonable time for delivery should be offered.

3.3 Delivery to consumers will take place on the date as agreed upon. In late delivery ivizi should be declared in default, imposing a reasonable time for delivery should be offered. Until the time of delivery, consumers have the right to terminate the agreement if delivery is not made within thirty calendar days after the agreed delivery date.

3.4 For practical reasons, delivery may take place in installments.

3.5 If force majeure of a permanent or temporary nature prevents ivizi from executing the contract (further), ivizi is entitled to terminate the agreement by a written announcement without judicial intervention, fully or in part, without prejudice to ivizi on payment by the buyer of supplies or services already performed by ivizi, or to suspend the (further) execution of the agreement. In case of suspension ivizi will still be entitled to terminate the contract in whole or in part. Force majeure on behalf of ivizi exists where ivizi fails to meet its obligations or to comply with the preparations thereof due to circumstances beyond the control of ivizi, including non-compliance by suppliers and their obligations, strikes, fire and the refusal or revocation of necessary permits or licenses. In case of force majeure, based on Article 6:78 of the Dutch Civil code ivizi is only liable for the purchasers damages if and insofar as it enjoys an advantage in connection with its failure which it would not have had when properly executed, up to the amount of this advantage.

3.6 All orders for products and / or services shall be deemed an offer by the buyer to purchase the goods and / or services with applicability of these terms and conditions. ivizi accepts the offer under these terms and conditions at the time that it confirms the order. ivizi is free - within its normal business - to accept or reject orders.

3.7 By ivizi used lists, technical specifications, sizes and so on, are by prepared by ivizi and / or its suppliers to the best, but are only approximations and estimates and give no warranty as such. Deviations indicated do not entitle the purchaser, to defer or reject delivery and / or payment of goods, nor the right to compensation.

3.8 The risk of losing or damaging goods purchased at ivizi will be transferred to the purchaser upon delivery. Delivery will take place in the manner and on the location as stated on the order confirmation form or as submitted by the purchaser and confirmed in writing by ivizi. When no delivery address has been determined on the order confirmation form or has been agreed upon otherwise, the address Molensingel 25, (6229 PB) Maastricht will be the delivery address.

4. Purchase price and payments

4.1 The price agreed upon will be determined as follows:

a. if the order has been accepted by ivizi through its order confirmation form or any written communication which states the price: the price is evident from aforesaid order confirmation form or written communication.

b. if the order is otherwise accepted by ivizi than as referred to in subject a: the suggested retail price, as determined in the applicable price lists of Apple among others and other ivizi suppliers, is in force on the order date.

4.2 If one or more cost factors are subjected to an increase after the day of offer, even if this occurs due to foreseeable circumstances, ivizi is entitled to increase the agreed price in accordance. Such an increase indicates non-consumers do not have the right to terminate the contract in whole or in part. If a price increase occurs within three months after signing the contract, the consumer may terminate the contract by written notice, unless; the price increase is resulting from an authority or a obligation given to the supplier under law or if stipulated that the delivery will take place longer than three months after the purchase.

4.3 The price excludes transportation costs and transport insurance costs for transporting goods to the place of delivery, unless agreed upon otherwise. ivizi is completely free in its choice of transportation. ivizi reserves the right to deliver orders in multiple shipments and to invoice separately.

4.4 The purchase price is, unless otherwise agreed, in euros, due at time of delivery by the purchaser. Before delivery payment must take place in cash, by debit card, bank transfer, creditcard or through vouchers and gift cards, unless otherwise agreed. ivizi is entitled at its option to demand earlier payment of the total or partial purchase price, such as payment in full at the time the order is placed.

4.5 In the event that the purchaser does not meet his payment obligations, ivizi is entitled, without judicial intervention and without notice to deem the relevant purchase agreement terminated, or to suspend delivery, subject to its right to compensation.

4.6 In the event that the consumer does not meet his payment obligations (on time), the consumer is -without any notice being required- legally in default and ivizi is in its right, without prejudice to its other rights, to charge statutory interest across the entire outstanding amount from the due date until the date of payment. In case a non-consumer does not (timely) fulfill its payment obligations, the non-consumer is - without any notice being required - legally in default and ivizi is, without prejudice to its other rights, entitled to charge legal commercial interest across the entire outstanding amount from the due date until the date of payment.

4.7 If ivizi should take collection measures after the due date of the invoice, the purchaser is charged with the extrajudicial collection costs. The extrajudicial collection costs are a maximum of 15% of the amount due with a minimum amount of EUR 40, -. Delivery of products and / or services may be suspended until payment of the invoice has been fulfilled.

4.8 Non-consumers do not have the right to settlement or suspension without the written consent of ivizi.

4.9 Of sale prices on a clerical error for which everyone is clear that it is not the actual price, no infringement can be claimed.

5. Retention of title

5.1 The title to the goods delivered to the purchaser by ivizi remains with ivizi as long as the purchaser does not meet his payment obligations - for any reason whatsoever - and will be transferred to the purchaser when the purchaser has fulfilled his payment obligations - for any reason whatsoever - against ivizi. The purchaser is obliged to insure the goods delivered under retention of title against replacement value. Any undistributed monies that replace the products are for ivizi.

5.2 As long as the retention of title of the goods has not been transferred to the purchaser, the goods may not be pledged, transferred ownership as security, or grant any other rights to third parties, except in the ordinary course of its business. Purchaser is obliged to preserve the goods delivered under retention of title with due care and as a recognizable property of ivizi.

If the purchaser is in default of the fulfillment of its payment or if the purchaser has payment difficulties, ivizi shall be entitled to recover the goods without any prior warning and / or notice of default. Purchaser must set the opportunity for ivizi to retrieve the goods.

6. Returns and exchanges shop purchases

6.1 Returning a product purchased from ivizi against refund of the purchase amount in the form of a voucher is possible within 8 days of purchase.

ivizi is only obliged to honor a request for a refund of the purchase price in the form of a voucher, if the purchaser desires a refund of the purchase amount or exchange within 8 days of purchase without the existence of a defect, and the following conditions are met:

a. The buyer must simultaneously submit the original receipt.
b. The product must be purchased at a branch of ivizi in the Netherlands.
c. The product including any accessories must be packed complete and undamaged in the original, undamaged packaging.
d. Any seal cannot be broken.
e. The product is unused.

6.2 The return of a product purchased from ivizi against refund of the purchase amount in the form of a voucher is only possible with original receipt. If, from leniency considerations, thus not binding, ivizi is nevertheless willing to take back the product without the original ivizi purchase receipt, this will only occur in exchange for another ivizi product or against handing out a voucher.

6.3 Excluded from returning and exchanging are:

a. Prepaid packages and cards
b. Software packages
c. License bounded products
d. Serial number bounded products
e. Hygienic products (e.g. head phones)
f. Consumables (e.g. inkt cardriges, toners)
g. Things that have been established in accordance with the purchasers specifications (custom) or which have been ordered specifically for the purchaser.

6.4 Excluded from returning and exchanging are also products which have been changed - in the widest sense of the word by the purchaser or a third party.

6.5 Vouchers, gift cards and gift coupons cannot be exchanged for cash money. For any withstanding amount after cashing a voucher or gift card, the purchaser will receive a new voucher or gift card in the beginning.

7. Returns and exchanges online purchases

7.1 Returning a product purchased from the ivizi online shop against refund of the purchase amount is possible within 14 days of purchase. ivizi is only obliged to honor a request for a refund of the purchase price, if the purchaser desires a refund of the purchase amount or exchange within 14 days of purchase without the existence of a defect, and the following conditions are met:
7.2 Excluded from returning and exchanging are:

7.3 Excluded from returning and exchanging are also products which have been changed - in the widest sense of the word by the purchaser or a third party.

7.4 Vouchers, gift cards and gift coupons cannot be exchanged for cash money. For any withstanding amount after cashing a voucher or gift card, the purchaser will receive a new voucher or gift card in the beginning.

8. Warranties and repairs

8.1 Subject to the exceptions listed below ivizi guarantees that the delivered products will meet the applicable and by suppliers or licensors delivered specifications for six months after delivery. If the product exhibits a defect within the warranty period, ivizi or its supplier or licensor will repair or replace the product within a reasonable time, free of charge, provided the product ivizi is returned and transport costs are paid (name, address, email address, telephone number of the purchaser, description of the problem and proof of date of purchase attached to the product). By suppliers or licensors to ivizi given guarantees products will be passed on to the purchasers. After the warranty period, any liability is expressly excluded. These warranty terms do not affect the legal rights of consumers.

8.2 This warranty does not apply when the defect is due to an external cause and/or a cause ivizi cannot be credited for including accidents, damages, mutilation, exposure to water, short circuit, abuse, misuse, misapplication, not proper and regular maintenance and service or modification of a product by a non-authorize service center.

8.3 In combined products and components and consumables (drums, toners and inks e.g.) ivizi gives no warranty, unless explicitly agreed in writing. The warranty is void if the type or serial number of a case is removed or changed, or if the case is (has been) removed.

8.4 When reporting a defect, the purchaser should always express claiming warranty prior to reporting.

8.5 After the warranty period, but during the economic life of a product, the purchaser must prove that a product is non-compliant and the product is used correctly.

8.6 If a repair of non-compliance extends the economic life, ivizi can charge a portion of the repair costs to the purchaser in proportion to the extension of the economic life. In case of a replacement ivizi may also charge a fee in proportion to the extended economic life. When replacing ivizi reserves the right to deliver a technically equivalent product.

8.7 Apple products purchased outside the Netherlands or outside the ivizi shop may be presented for repair at an ivizi branch in the Netherlands, if the product is or has been for sale in the Netherlands. ivizi reserves the right to reject unqualified products.

8.8 On repairs for a fee ivizi or its supplier grants a warranty for a limited period of 3 months, unless the service report states otherwise.

8.9 Repaired products whose costs should be paid by the purchaser shall be subjected to cash payment of the total amount.

8.10 Repairs can only be submitted on display of the original delivery slip from ivizi. ivizi is not obliged to check whether the person that picks up the repair is indeed the rightful owner.

8.11 If the original delivery slip is lost, ivizi will only hand out the products whether repaired or not on presentation of a valid identity card in the name of the person who delivered the product for repair according to the records kept by ivizi, which must be signed for receipt by the person who collects the product.

8.12 If the purchaser, whether based on his warranty or not, has ordered ivizi to repair a product and the product is not collected against payment for examination or repair by the purchaser within 3 months after it is ready, the purchaser will be deemed to have distanced himself from the product to repair on ivizi’s behalf. The purchaser will then indemnify ivizi of all third party claims concerning this matter. The purchaser remains responsible for the examinations and/or repair costs after renouncing the product.

8.13 Secondhand goods will be sold to the purchaser in its current state of condition by ivizi. For secondhand devices supplied by ivizi, ivizi does not guarantee, either explicitly or implicitly, the quality, merchantability or applicability for any particular purpose, unless explicitly agreed otherwise in writing. Regarding secondhand devices with a retail price of EUR 150,- or more ivizi guarantees them to be free from defects for three months after delivery. If the product shows a defect within the warranty period, ivizi will repair the product free of charge if reasonably possible within a reasonable period, or choose to take back the product and refund the purchase amount to the purchaser, provided that the product is returned to ivizi and transportation costs are prepaid (with name, address, telephone number of the purchaser, description of the problem and proof of date of purchase attached to the product). ivizi's liability is limited to the fulfilment of the warranty obligations.

9. Non-compliance

9.1 The purchaser or a third party acting on his behalf should carefully check the products delivered by ivizi immediately after delivery.

9.2 All complaints related to non-compliance or visible defects with the agreement must be declared in the relevant transport documents and notified in writing to ivizi by non-consumers within seven days from date of delivery. Subsequently, the products are deemed to be accepted.

9.3 Consumers should notify ivizi of non-conformity or visible defects with the agreement within a reasonable time after discovery. Subsequently, the products are deemed to be accepted.

9.4 Provided that the purchaser has fulfilled aforementioned conditions and sufficient evidence is provided that the products do not comply with what was agreed, ivizi either has the choice to replace the goods by new products or to fix the concerned goods properly, or to refund the purchase amount and / or credit the invoiced amount or nonetheless establish a concerted discount on the purchase amount. If this is not reasonably possible for ivizi, the purchaser has the right to terminate the agreement, unless the non-conformity does not justify dissolution. By carrying out one of the conditions above ivizi is fully discharged of its obligations regarding the delivered goods. This provision is without prejudice to the rights of consumers with regard to defects in affected products.

10. Distance purchasing

10.1 The purchaser can choose from the offer through the online shop items and place them in the cart. Then the purchaser will be asked to register or to log on as he has already registered earlier and choose a method of payment. The purchaser must register in advance to take advantage of the offer. However, browsing without an actual agreement is possible without prior registration.

10.2 Prices on the online shop are indicated in the articles and include VAT. When ordering or completing payment, the buyer is asked to acknowledge and accept the terms and conditions.

10.3 The purchaser receives a confirmation of the order on the email address provided at the registration. With the receipt of this confirmation the contract is concluded. ivizi is free to accept or decline orders at its own discretion and without further motivation.

10.4 When ordering through the online shop, the buyer can choose from several payment options. Upon payment, the rules of the payment provider that manages the payment apply. A cash on delivery payment takes place in cash or in a manner specified by the carrier.

10.5 In the event of a distance sale by consumers the following applies:

Consumers may cancel the purchase of goods unilaterally without giving any reason within 14 days of receiving the product. ivizi may request a written confirmation.

10.6 Rescission is excluded for:

a. audio and video recordings and computer software (including software products) and similar products whose seal is broken

b. consumables such as ink cartridges and toners whose packaging is opened

c. hygiene products (such as headsets etc.)

d. products established under specifications of consumers

e. products that have become unsuitable for sale or are used.

10.7 The consumer is responsible for returning the product and for the associated costs. Any amounts paid by the consumer will be refunded to the consumer within 30 days of the dissolution.

10.8 The place of delivery is the home address provided for ivizi or the address of the collection point which is selected by the purchaser during ordering. 

11. Reserving products

11.1 The customer can reserve a product. This service comes with no extra costs, but in some cases ivizi may demand a down payment of 10%. When this is the case, ivizi will explicitly notify the customer.

11.2 If the customer wishes to make a reservation, he can do so through ivizi customer services by telephone, by email or in cooperation with a sales employee from the concerned ivizi branch. ivizi will inform the customer as soon as the product is ready for collection instore.

11.3 ivizi will reserve, after notification as explained above, the product for a maximum of 3 working days.

11.4 ivizi reserves the right to decline a reservation, without further notice, as well as to change the order of delivery for reservations.

12. Services

12.1 If ivizi provides services this article applies in addition to the other provisions.

12.2 ivizi endeavors in offering services to provide the best picture of the work to be executed. ivizi reserves the right to refuse orders without giving any reason and cannot be held liable for any damage directly or indirectly arising from this refusal. As long as an offer is not accepted by the purchaser, ivizi reserves the right to deploy its resources elsewhere.

12.3 If in the opinion of ivizi third parties should be involved in the contract, the purchaser is obliged to lend its cooperation.

12.4 ivizi is committed to perform services in a timely manner. ivizi is not liable for direct and indirect damages if it fails to perform its services in a timely manner.

12.5 The purchaser must accommodate ivizi in a reasonable manner, to provide information and cooperate so ivizi can provide its services.

12.6 The purchaser is responsible for making complete and actual copies of his computer programs and data and for securing confident data and/or information, prior to ivizi performing its services.

12.7 ivizi will perform endeavor to deliver its services as a good contractor.

12.8 In the event of additional work, ivizi is entitled to charge the purchaser with the additional costs. Additional work will - to the extent possible - be notified to the buyer by ivizi in writing as early as possible. The purchaser will be deemed to agree to the implementation of the additional work, the associated costs and if necessary adapted delivery, unless the customer objects in writing prior to commencement of the implementation of the additional work and in any case within five days of the aforementioned notification by ivizi.

12.9 To the extent that services comprise the provision of education c.q. training, ivizi is entitled to require the relevant payment due prior to the start thereof. If the purchaser cancels participation in education c.q. training within five days prior to the start, the purchaser is fully liable for the participation fee. When the number of registrations raises the matter, ivizi is entitled to cancel the education c.q. training. ivizi is not liable for any damage directly or indirectly resulting from this cancellation. 

13. Disclaimers

13.1 The purchaser indemnifies ivizi for claims by third parties concerning intellectual property rights or information supplied by the purchaser, used in the execution of the agreement between the purchaser and ivizi.

13.2 If the purchaser provides information carriers, electronic files or software etc., he will guarantee that said information carriers, electronic files or software are free of viruses and defects.

14. Intellectual property

14.1 The copyright and all other intellectual or industrial property rights to all products developed under an agreement or made available or supplied software or other products - including analysis, design, documentation, manuals, reports - held exclusively by ivizi and / or its suppliers and / or its licensors unless otherwise expressly agreed in writing.

14.2 The purchaser is not allowed to copy these products, to change, to sell or otherwise put into circulation, unless the nature of the delivered provides otherwise or when agreed otherwise in writing. Regarding manuals manufactured by ivizi it is forbidden to copy these in whole or in part, to photocopy, translate or summarize, or otherwise put these into circulation, without written permission from ivizi.

14.3 The purchaser has the right to keep a backup copy of the software, which also includes the right to make a backup copy. A backup in these conditions means a material object on which the software is recorded, only to replace the original copy of the software in the event of involuntary loss or damage. The copy must be an identical copy and must always have the same labels and indications as the original copy.

14.4 ivizi reserves the right to use any knowledge gained while execution the work for other purposes, provided that no confidential information is disclosed to third parties.

15. Liability

15.1 ivizi is not liable for any other damages than in accordance with the provisions of this article. Civil liability, contractual liability and liability under tort are limited to the amount paid for the product or service to ivizi by the purchaser. If any intentional or conscious recklessness or omission by ivizi or its management leads to death or bodily injury, its liability for this may not be limited.

15.2 ivizi accepts no liability towards the purchaser; damage caused by a defect or deficiency in products that have been replaced or repaired by ivizi within a reasonable period; indirect or pure economic loss, such as loss of sales; damage that could have been prevented by following the advice and instructions of ivizi; damage caused by ivizi using specified or supplied materials by the purchaser and / or acting in accordance with the instructions of the purchaser; damage caused when the purchaser has failed to keep complete and updated copies of computer programs and data; and damage caused when the purchaser has failed to secure confidential data and / or information.

16. Protection personal and/or business data

16.1 ivizi lives up to the legal regulations concerning the protection of personal data, as stipulated in the The Registration of Persons Act and/or the Dutch Personal Data Protection Act. If a purchaser wishes to look into, correct or delete his personal information, the purchaser can contact ivizi. ivizi will provide the purchaser with all information required and if the purchaser desires ivizi will edit or delete the data.

16.2 The data provided by the purchaser is used by ivizi for processing contracts and for including purchasers in its customer base.

16.3 ivizi is careful with personal information supplied by you in compliance with the statutory provisions governing the protection of personal data.

16.4 By accepting this Agreement the purchaser authorizes ivizi to register and use his data to improve its service and to directly offer new products and / or services.

17. Customer regulations

17.1 If a purchaser is not satisfied with the way ivizi implements or has implemented the agreement, the purchaser may report his fully and clearly defined complaint within a reasonable time to ivizi by a sending a description of the complaint to klantenservice@ivizi.nl.

17.2 Complaints reported at ivizi are answered within 14 days after receipt. If a complaint requires a longer response time, ivizi will send a notice of receipt of the complaint to the purchaser within the said period with an indication period within which the buyer can expect a more detailed message.

18. Governing Law and Jurisdictions

18.1 To all agreements between the parties and resulting legal relations only Dutch law applies.

18.2 In respect of disputes the Court of Maastricht has jurisdiction. Regarding disputes between a consumer and ivizi the judge seated in the consumer’s place of residence has jurisdiction.

19. Miscellaneous

19.1 These General Terms and Conditions were filed with the Chamber of Commerce in Sittard on March 28, 2013 and can also be viewed at www.ivizi.nl.

19.2 The contract date determines the applicable terms and conditions.