Terms and Conditions YouDoYou Computers

1. Parties

1. YouDoYou Computers, registered with the Chamber of Commerce under number 96430303,

     located at Meer en Duin 289 (2163 HE) in Lisse, user of these general terms and conditions.

 

2. Further details of YouDoYou Computers:

     Website:                                      www.youdoyou-computers.eu

     Email address:                           info@youdoyou-computers.nl

     Telephone number:                 (+31)0252 – 543 898

     VAT identification number:   NL005210039B07

 

3. The Customer: The (potential) purchaser of goods offered by YouDoYou Computers.

2. Applicability

 

1. YouDoYou Computers declares these general terms and conditions applicable to every offer from               YouDoYou Computers and, whether or not resulting from it, agreements that the parties have                       entered into with each other. Insofar as the content thereof has not been changed, these                               general terms and conditions will also apply to future contractual relationships between the parties.

2. Deviations from these conditions only apply insofar as they have been expressly agreed upon in                   writing by the parties.

3. General (purchase) conditions of the Customer are expressly rejected.

4. Third parties involved by YouDoYou Computers in the execution of the agreement can also invoke               these general terms and conditions.

5. If one or more (part(s)) of the provisions of these general terms and conditions are null and void, or             are annulled, for example because they are in conflict with mandatory law, the other provisions or the       remaining part of the relevant provision from these general terms and conditions will remain                         applicable. The parties will then enter into consultations to agree on new rules to replace the void or         annulled provisions, in which the purpose and scope of the void or annulled (part of the) provisions             will be expressed as much as possible.

 

3. Offer and agreement

1. Every offer, in the form of a quotation or otherwise, is entirely unconditional, without obligation and         revocable and has a validity period of 14 days, unless otherwise indicated in writing by YouDoYou                Computers.
2. Every offer is only valid as long as stocks last.
3. The prices as stated in an offer are, unless otherwise stated, in Euros and exclusive of 21% VAT,                     shipping costs and subject to levies, surcharges and other factors.
4. All statements by YouDoYou Computers of numbers, sizes, weights and colour of the goods in the               designs, drawings, images, photos or models shown or provided are only indications. A minor                         deviation from this in the delivered article does not lead to a shortcoming in the fulfilment of                       the agreement on the part of YouDoYou Computers.
5. An offer does not automatically apply to repeat orders.

6. Obvious errors and accidental mistakes in the offer are not binding on YouDoYou Computers.
7. The agreement is concluded if:
     Order via the webshop: at the moment that the Customer has correctly completed the order                          procedure on the YouDoYou Computers website and after the confirmation email of the agreement            sent by YouDoYou Computers has arrived in the mailbox of the email address provided by
     The Customer. Order other than via the webshop: after both parties have signed a written offer, after       YouDoYou Computers has confirmed a written acceptance or after YouDoYou Computers, or a third            party on its behalf, has started the execution.
8. The agreement is expressly entered into under the suspensive condition of sufficient availability of              the ordered products.

4. Execution and Delivery

1. The Customer gives YouDoYou Computers the opportunity to execute the agreement. The Customer         undertakes to provide the necessary cooperation for the execution of the agreement by YouDoYou            Computers.
2. YouDoYou Computers will attempt to fulfill the agreement within the indicated/estimated period.               This period is not fatal, which means that the Customer must always first put YouDoYou Computers in       default, whereby a reasonable period of at least 30 days must be set, before any remedy can be taken.       The Customer cannot terminate the agreement by the expiry of this period and is not entitled to                  compensation. After the expiry of this period, the parties will make every effort to execute the                    agreement within a reasonable period.
3. If YouDoYou Computers takes care of the delivery/supply, the Customer must provide a delivery                   address where YouDoYou Computers can (have) the goods to be delivered/supplied on the indicated         date. If the Customer is not present on the specified date at the time that goods are delivered, the             costs for presenting the goods at a subsequent time will be borne by the Customer. The Customer will       then receive a message that the order can be collected at a location indicated by YouDoYou                          Computers after payment of the additional costs, which also include the logistic (planning) costs at the       storage location due to unexpected extra storage.
4. YouDoYou Computers is free to have the order and/or delivery carried out by third parties. Art. 7:404         BW is expressly excluded from the agreement.
5. Delivery of goods will only take place after the agreement has been concluded. The risk of loss or                 depreciation of the goods to be delivered is transferred to the Customer from the moment that they         have been made available to him or would be made available to him. This regardless of whether the           transfer of ownership has already taken place.
6. YouDoYou Computers is entitled to execute the agreement in different phases and to invoice the part       thus executed separately. If the agreement is executed in phases, YouDoYou Computers can suspend         the execution of those parts that belong to a subsequent phase until the Customer has approved                 the results of the preceding phase in writing. By approving this, YouDoYou Computers can no longer           be held liable for defects that could reasonably have been known at the time of approval. 7. Without         being in default, YouDoYou Computers can refuse a request to amend the agreement if this could               have consequences in terms of quality and/or quantity, for example for the goods to be delivered in           that context.

5. Customer's Obligations

 

1. The Customer shall enable YouDoYou Computers to execute the agreement. The Customer                             undertakes to provide the necessary cooperation for the execution of the agreement by YouDoYou            Computers. This includes, among other things: If delivery takes place at the establishment of                          YouDoYou Computers and the Customer therefore collects the goods there, the Customer must                   adhere to the agreed delivery date. If the Customer does not collect the goods on the agreed date,            YouDoYou Computers has the option to recover the reasonable costs for storing the goods from the          Customer.

a) Be present at the delivery address specified by the Customer on the agreed delivery date;
b) Ensure that YouDoYou Computers can have the necessary approvals (such as permissions, etc.) and              the data to be provided for the assignment in a timely manner;

c) Ensure that work and/or deliveries to be carried out by third parties, which do not form part of the               assignment of YouDoYou Computers, are carried out in such a way and in such a timely manner that           the execution of the assignment is not delayed.
2. If the obligations in paragraph 1 are not fulfilled (on time), the Customer must inform YouDoYou                Computers of this in a timely manner. YouDoYou Computers is entitled to charge the additional costs         involved, such as storage, travel or wage costs, to the Customer as a result.
3. If the obligations in paragraph 1 are not fulfilled (on time), YouDoYou Computers is not obliged to               compensate the Customer for the damage resulting from the delay in the (delivery).
4. The Customer ensures that all data that YouDoYou Computers indicates is necessary or that the                  Customer should reasonably understand is necessary for the execution of the agreement, are                         provided  to YouDoYou Computers in a timely manner. The Client bears the risk and responsibility for         the correct and timely delivery of the required information and its content, regardless of how the              Client provides it. If the required information is not provided to YouDoYou Computers in a timely                 manner, YouDoYou Computers has the right to suspend the execution of the agreement and/or                   charge the additional costs resulting from the delay to the Client at the usual rates.

5. Prior to the execution, the Client must provide YouDoYou Computers with the agreed and required             items and information, such as address and contact details. YouDoYou Computers will assess this to           the best of its knowledge. However, YouDoYou Computers is not liable for damage that occurs                     because work is nevertheless carried out on the basis of incorrectly provided items and information by       the Client.

6. The Client expressly bears the risk for damage caused by:

a) Inaccuracies in the constructions and methods required by the Client;

b) Defects in/by the (im)movable property on or in which the order is carried out;

c) Defects in materials or resources made available by the Customer.
7. The Customer guarantees that digitally supplied material is safe and does not contain viruses or other       harmful content that could in any way damage the computer systems, computer programs of                         YouDoYou Computers and/or third parties.

.

6. Retention of title

 

1. The ownership of the goods to be delivered, in contrast to the actual transfer of power, will only be             transferred to the Customer after the Customer has fully paid everything that the Customer owes or         will owe YouDoYou Computers under the agreement. This therefore includes not only the purchase           price, but also, among other things, any fines, additional costs or extrajudicial collection costs that               may be due.
2. In accordance with this retention of title, the Customer is therefore not entitled to alienate the goods       or to encumber them with, for example, a pledge.
3. In connection with the effectiveness of the retention of title, the Customer undertakes to inform                YouDoYou Computers promptly and adequately in the event of impending bankruptcy, suspension of         payment, debt restructuring or when third parties threaten to seize goods delivered with retention of       title. The Customer is also obliged to adequately insure the goods delivered under retention of title           against damage and theft.

4. If the Customer is in default of any obligation under the agreement, the Customer is obliged to                     provide  all necessary cooperation at the request of YouDoYou Computers so that YouDoYou                        Computers can once again dispose of the delivered goods without encumbrances. This also includes           the possible obligation to return the goods at the request of YouDoYou Computers at its own                       expense.

7. Warranty and liability

 

1. The Customer accepts that all goods are sold with all known, unknown, visible and invisible factual and       legal defects, burdens and limitations. Unless otherwise agreed, a two (2) year warranty is provided           on the goods delivered by YouDoYou Computers.
2. The Customer is obliged to check the delivery and execution as soon as possible, but within 24 hours,         for conformity with regard to quantity and quality. If the performance does not meet the conformity         agreed on the basis of the agreement, and there is therefore a defect, the Customer must inform              YouDoYou Computers of this within 8 days after delivery.
3. After the provision of information as referred to in the previous paragraph, YouDoYou Computers will       repair or replace the defect free of charge within reason. If none of the two remedies described above       provide a solution to effectively remedy the defect, the Customer has the right to (partially) dissolve         the agreement with regard to this defect, in which case the Customer will bear the costs for returning       the delivered goods. The foregoing applies without the Customer being entitled to any compensation.
4. If the defect is caused by an error attributable to the Customer or if the Customer has informed                  YouDoYou Computers too late about the defect, his right to repair, replacement or possible                            dissolution as described in this article will lapse. The burden of proof that the error is not                                attributable to the Customer lies with the Customer.
5. The existence of a defect does not suspend the Customer's payment obligation.
6. The Customer is never entitled to any remedy if the article has been used incorrectly or carelessly. The      Customer is obliged to use the goods in accordance with the documents intended for this purpose,              such as an instruction manual and/or instructions on the packaging of the YouDoYou Computers                  goods. The Customer undertakes to have the goods used exclusively by persons who have been                    properly instructed on their use. If the aforementioned is not observed or if the Customer makes                extras and/or changes, in whatever form, any guarantee will lapse.

7. YouDoYou Computers is only liable to the Customer for direct damage to The Customer and only in             the event of intent or gross negligence.
8. Should YouDoYou Computers be liable to the Customer, this liability is limited to the amount paid out         under the professional/company liability insurance taken out by YouDoYou Computers or other                     liability insurance, but a maximum (in the event that there is no insurance to which a claim can be                 made) of the invoice amount from which the damage arose, plus 15%.

9. Except in the case of intent or deliberate recklessness, YouDoYou Computers' liability does not extend       to consequential damage, indirect damage, immaterial damage, delay damage, property damage,                 reduced goodwill, lost turnover and/or profit, etc.

10. The Customer indemnifies YouDoYou Computers against damage to third parties arising in                             connection with the agreement because YouDoYou Computers has acted, including a failure to act,             based on incorrect, incomplete or late information, data and documents provided by the                                Customer or in deviation from these general terms and conditions.

11. In all cases, the period within which YouDoYou Computers can be held liable for any remedy, such as           compensation for damage, is limited to 12 months after delivery.

8. Prices and payment

1. The offer has been made in good consultation. By concluding the agreement, the parties consider the         prices to be reasonable and fair.
2. Unless otherwise agreed, the Customer must pay the amount due in full prior to delivery by YouDoYou      Computers. Invoices must in any case be paid within 14 days of receipt of the invoice by means of a               bank transfer. YouDoYou Computers is entitled to send the invoice immediately after the conclusion           of the agreement.
3. If the agreed payment term is exceeded, YouDoYou Computers is immediately entitled to charge the        Customer a late payment interest of 1% of the principal sum per month as well as an amount for the           extrajudicial collection costs. The latter costs amount to 15% of the principal sum due with a minimum       amount of EUR. 100,- excluding VAT.

4. Without the express written permission of YouDoYou Computers, the Customer is not permitted to             apply any set-off and/or suspension and/or withholding in respect of his payment obligations.

9. Termination of the agreement

1. YouDoYou Computers has the right to terminate the agreement with the Customer with immediate             effect for the future by means of a written notice without (further) prior notice of default if:
a) The Customer ceases its business operations in whole or in part or otherwise liquidates them and/or           substantially changes its business activities or transfers them to a third party without the prior                     written consent of YouDoYou Computers;
b) The Customer is granted a (provisional) suspension of payments or The Customer is declared                          bankrupt, The Customer submits a request for the application of a debt restructuring scheme or The         Customer is placed under guardianship or administration;
c) A right to which the Customer is entitled is seized.

2. In the event of termination of the agreement, all payments owed by The Customer to YouDoYou                  Computers shall be immediately and fully due and payable. If the work has not been fully completed,          The Customer shall owe a proportionate part of the total sum of money.

3. In the event of termination of the agreement, the Customer will, at the request of YouDoYou                        Computers, provide all necessary cooperation so that YouDoYou Computers can once again dispose of       the delivered goods without any encumbrances.

10. Force Majeure

1. Force majeure is understood to mean, in addition to what is understood in law and jurisprudence, all           external causes, foreseen or unforeseen, over which YouDoYou Computers has no influence. This will         also include, war, strikes, traffic disruptions, unforeseeable stagnation, disruptions in the supply of             energy, transport difficulties, fire, loss or damage during transport, import and/or export restrictions,       shortcomings of third parties on which YouDoYou Computers depends for the execution of the                     agreement with the Customer, epidemics, pandemics and government measures.

2. During force majeure, YouDoYou Computers' obligations will be suspended. If compliance is                           impossible for more than one month due to force majeure or if there are other circumstances that               make it disproportionately difficult for YouDoYou Computers to meet its obligations,                                      YouDoYou Computers is authorized to terminate the agreement in whole or in part by means of a                 notification to the Customer and without judicial intervention, without any obligation to pay damages       in that case.

3. If YouDoYou Computers has already partially fulfilled its obligations when force majeure occurs, it is          entitled to invoice the part already delivered  or performed separately, or to credit it partially in the            case of down payments.

4. In the event of (interim) termination of the agreement, all payments owed by the Customer to                      YouDoYou Computers are immediately and fully           due and payable.

11. Intellectual property rights

1. YouDoYou Computers reserves the rights and powers that are due to it under the Copyright Act and           other intellectual property laws and regulations.
2. The brands, images, logos and photos that are used and displayed on the website and goods of                    YouDoYou Computers are registered or unregistered brands of YouDoYou Computers or of third                   parties and may not be used commercially without the prior permission of the holder of those brands.

 

12. Changes to the general terms and conditions

YouDoYou Computers reserves the right to change or supplement these general terms and conditions. Changes also apply to agreements already concluded, taking into account a period of 30 days after the announcement of the change. Changes of minor importance can be implemented at any time. If the Customer does not wish to accept a change in these general terms and conditions, he must have made this known in writing before the date that the new general terms and conditions come into effect.

13. Forum, Choice of Law and Transfer of Rights

 

1. YouDoYou Computers is authorized to transfer its rights and obligations under this agreement to a             third party. The Customer is only authorized to transfer its rights and obligations to a third party with         the written permission of YouDoYou Computers.
2. This - and other - agreement(s) concluded between the parties are exclusively governed by Dutch law,         with the express exception of the Vienna         Sales Convention. Should an obligation arise between           the parties in the future, other than one arising from an agreement, then Dutch law will also apply to         that obligation.
3. In the event that a dispute arises between the parties from the agreement, the court with exclusive             jurisdiction is the court in the district in which YouDoYou Computers is established. In the event that a       dispute arises between the parties regarding non-contractual obligations, the court with exclusive               jurisdiction is also the court in the district in which YouDoYou Computers is established.

 

14. Right of withdrawal

1. This article only applies if the Customer is a natural person who acts for purposes that fall outside his         business or professional activities and the agreement is not concluded in a physical store, but                       remotely, for example via the webshop.
2. In principle, the Customer has the right to revoke the agreement within a period of 14 days without            giving reasons. However, the Customer has no right of revocation if the delivery of goods                                manufactured according to the specifications of the Customer, which are not prefabricated and                    which are manufactured on the basis of an individual choice or decision by the Customer, or which are        clearly intended for a specific person.
3. The revocation period expires 14 days after the day on which the Customer or a third party designated       by the Customer, who is not the carrier, physically takes possession of the goods or, for agreements in       which the Customer has ordered multiple goods in the same order that are delivered separately, the           day on which the Customer or a third party designated by the Customer, who is not the carrier,                     physically takes possession of the last good.
4. In order to exercise the right of withdrawal, the Customer must inform YouDoYou Computers, by                 means of an unambiguous statement (e.g. in writing by post, fax or e-mail) of the decision to withdraw       from the agreement. The Customer can use the attached model withdrawal form as shown in                         paragraph 7 of this article or download it via this link, but is not obliged to do so.
5. In order to comply with the withdrawal period, it is sufficient to send the communication concerning           the exercise of the right of withdrawal before the withdrawal period has expired.

6. If the Customer revokes the agreement, the Customer will receive all payments that the Customer has       made up to that point, including delivery costs (with the exception of any additional costs resulting             from the Customer's choice of a method of delivery other than the (cheapest) standard delivery                   offered by YouDoYou Computers) without delay and in any case no later than 14 days after YouDoYou      Computers has been informed of the decision to revoke the agreement. YouDoYou Computers will               reimburse the Customer using the same means of payment as the Customer used for the original                 transaction, unless the Customer has expressly agreed otherwise; in any case, the Customer will not           be charged any costs for such reimbursement. YouDoYou Computers is entitled to wait with                           reimbursement until it has received the goods back, or the Customer has demonstrated that the                  Customer has returned the goods, whichever is the earliest. The Customer must return or hand over           the goods to YouDoYou Computers without delay, but in any case no later than 14 days after the day         on which the Customer has notified YouDoYou Computers of the decision to cancel the agreement.            The Customer is on time if the Customer returns the goods before the period of 14 days has                           expired. The direct costs of returning the goods are borne by the Customer. The Customer is only                 liable for the depreciation of the goods resulting from the use of the goods that goes beyond what is         necessary to determine the nature, characteristics and functioning of the goods.