Terms and Conditions

Terms & Conditions

General terms and conditions are described on this page with regards to the supply of goods and services by ServerHome. They are divided into a section which applies to private customers and a section which applies to business clients.

 

General conditions consumers

  1. All agreements in writing
    We strive to record our agreements regarding the price, characteristics of the product to be delivered, delivery time, time of payment and suchlike as much as possible in writing. Also additional agreements will be recorded in writing. Agreements with regard to repairs are also recorded in writing. Therefore, you can only appeal to agreements that are recorded in writing and confirmed.
  2. Prices
    All our prices are excluding VAT, ex-factory ServerHome / 1000servers.
  3. Payment
    Goods and services are only delivered if the complete amount has been paid. You will receive an invoice upon payment. Just like you, we have our own payment obligations. If you would postpone your payment, there will be related costs for us. If this is legally permitted, we may charge you for the damage we would suffer as a result (loss of interest and reasonable costs in order to collect the outstanding amount).
  4. Delivery time
    Obviously we strive to always deliver at the agreed time at the latest. If you like, you are allowed to completely or partially terminate the purchase agreement in case of delayed delivery, except when the severity of the exceedance of the time of delivery does not justify such termination.
  5. Warranty
    For all of our new products a complete warranty of one year applies. Exceptions include batteries for which a different period of warranty may be of application. It may be the case that manufacturers or importers of certain parts (such as the hard disk) offer their own warranty. You have to arrange the warranty with regard to new products yourself with the manufacturer. For all used products, our general warranty conditions for used articles apply.
    A warranty can never limit the legal rights of a consumer, so besides the granted warranty all other rights the law grants you as a consumer shall apply without prejudice. Pay attention! Please note that rights to warranty may be forfeited when you make changes to the products delivered yourself (both hardware and software).
  6. Conformity
    We ensure that our products and services meet the purchase agreement, the specifications mentioned in our offer, the reasonable requirements of reliability and usability and the applicable legal provisions and government regulations on the date of realisation of the purchase agreement.
  7. Privacy policy
    We attach great value to a clear and transparent privacy policy and therefore the following rules apply: - only those personal data necessary to maintain and improve our service towards the customer are gathered; - your personal data are processed, stored and managed with due observance of the relevant privacy legislation; - all other data seen by our employees will be handled strictly confidential (documents, e-mails, etc.). Exceptions are criminal matters, including among other things child pornography. As a consumer, you are entitled to access your personal data. We will send you these data no later than two weeks following your request of access. Upon your request we will adjust or remove your data.
  8. Retention of title
    We remain the property for as long as the purchase is not completely paid. For our repair-orders we will provide an as clear as possible description of the articles you submitted for repair so your retention of title will not be at stake if the repair company that has your articles would be declared bankrupt right at that moment.
  9. Distance selling (webshops)
    When it concerns a so-called agreement at distance, normally called distance selling (for example a webshop), special additional rules apply which we have separately included in 9.1 up to 9.6. We speak of distance selling when it concerns a purchase agreement without there being direct contact between seller and consumer. In popular terms: without both of them being in the same room. Therefore, this does not only apply for purchases through internet (webshops) but also orders by means of telephone or in writing are included under the term distance selling. The most important element for distance selling is that the consumer has a period of minimum 7 workdays to deliberate whether or not he wants to continue with the purchase. Within that period of 7 workdays he may use his right of withdrawal, the right to dissolve the purchase.
    1. Information
      The information you receive prior to the purchase will be provided in such a way that you will be able to well assess the offer. In addition you will receive clear information about your rights and obligations, such as: - the total price to be paid, including for example a possible disposal charge or delivery costs; - the way in which the agreement is effectuated; - whether or not the right of withdrawal will be of application; - the way of payment, delivery or execution of the agreement; - the period during which the price or the possibility to accept the offer applies; - the rates you have to pay if you want to contact us in case this would be different than the base rate; - access to the data we have stored about you; - the minimum duration of the agreement at distance if it concerns a continuous or periodic delivery of products or services. No later than upon delivery of the product or the service you, as purchaser, will receive the following information: a. our visiting address where a complaint can be submitted; b. the way in which you can invoke your right of withdrawal; c. information about existing service after the purchase and warranties; d. the aforementioned data in 9a unless you already received these data prior to the execution of the agreement; e. the conditions for termination of the agreement if this agreement would last longer than one year or is for an indefinite period. You will receive this information in writing or in such a way it can be easily stored by you on a, legally called, durable data carrier (for example a CD-ROM).
    2. Confirmation and security
      As soon as you place an order we will send you a confirmation by electronic means (for example e-mail). As long as you have not received this confirmation, you can still renounce the purchase by terminating the agreement. If you order though the internet we will take care of the security of the exchanged data and for a safe web environment.
    3. Reflection period upon delivery of products
      1. When purchasing products you, as a consumer, will have a period of seven workdays to reconsider. The reflection period starts the day after which you received the product or that the product has been received on your behalf. During that period you will have the possibility to terminate the agreement without you having to state a reason. This is called the right of withdrawal.
      2. During the reflection period you have to carefully handle the product and the packaging. This means you only unpack or use the product to the extent necessary to be able to assess whether or not you want to keep it. If you use your right of withdrawal, you have to send us the product back including all accessories and in the original condition and packaging. We will provide you with information on how to do so. According to the law, this information has to be reasonable and clear.
      3. If you use your right of withdrawal you will pay no more than the costs of the return shipment.
      4. All other costs you have already paid will be refunded as soon as possible, but in any case no later than within 30 days following the return shipment or withdrawal.
    4. Reflection period upon delivery of services
      1. When services are provided you, as a consumer, will have a period of seven workdays to reconsider. The reflection period starts the day the agreement is entered into. During that period you will have the possibility to terminate the agreement without you having to state a reason. This is called the right of withdrawal.
      2. In order to use your right of withdrawal we will provide you information on how to do so at our offer or no later than at the delivery of the service. According to the law, this information has to be reasonable and clear.
      3. All costs you have already paid will be refunded as soon as possible, but in any case no later than 30 days following the withdrawal.
    5. Exclusion of the right of withdrawal
      1. Sometimes the right of withdrawal will not be of application to you, as a consumer, but in that case we have to mention that clearly and prior to entering into the agreement. It will concern products:
        1. we have created in accordance with specifications of the consumer;
        2. that clearly have a personal nature;
        3. that are sensitive to static electricity (for example memory modules and CPU's)
        4. that cannot be returned due to their nature;
        5. that can deteriorate or expire rapidly;
        6. of which the price is dependent on fluctuations in the financial market to which the entrepreneur has no influence;
        7. for individual newspapers and magazines;
        8. for audio and video recordings and computer software of which the consumer has broken the seal.
      2. In case of services, exclusion of the right of withdrawal is only possible when it concerns services:
        1. with regard to accommodation, transport, restaurant business or leisure activities to be provided at a certain date or during a certain period of time;
        2. of which the delivery started with your explicit permission before the reflection period has expired;
        3. with regard to bets and lotteries.
    6. Cancellation
      A cancellation will only be valid once this has been confirmed in writing by ServerHome / 1000servers. In case the purchase agreement is cancelled, we reserve the right to charge a minimum of 25% cancellation fees plus the possibly made costs with respect to composition and configuration of your purchase.
      An order or purchase for which ServerHome / 1000servers had to buy goods or services especially for you, cannot be cancelled.
  10. Delivery and execution
    1. Delivery will be made at the address you submitted to us. One and the other will be done as soon as possible though no later than within 30 days unless a longer period for delivery has been agreed. You will be notified as soon as possible if the delivery is delayed or if a delivery cannot or only partially be executed. The deadline is 30 days after you placed the order. After this period expired you have the right to terminate the purchase agreement without additional costs and are entitled to possible compensation for damage.
    2. After the termination we will refund the amount you paid as soon as possible though no later than 30 days following the termination.
    3. If the delivery of a separately ordered product appears to be impossible, we will do the best we can to deliver a replacement article. You will be notified in a clear and understandable way no later than at the delivery. In case it concerns a distance selling, you can still use your right of withdrawal. In that case we will pay the costs for the return shipment.
    4. The risk of damage and/or loss of products lies with us until the moment of delivery, unless other express agreements have been made.
  11. Complaints and complaint period
    As we want to provide an optimal service to our customers, we believe it is important to hear from you in case of complaints regarding the product you purchased. Let us know – also in order to limit possible damage – as soon as possible. According to the law, a complaint is made known on time if submitted within two months following the discovery. This also applies if the product you purchased does not have the characteristics you may have expected based upon the purchase agreement. It is in your interest to submit your complaints in writing. We will answer a complaint you submit to us no later than within 14 days.  If we need more time, we will notify you within 14 days when you may expect an answer.

 

ServerHome / 1000servers
Energieweg 25 - A
3481 MC Harmelen
Phone : +31 (0)30 43 00 000
E-mail : sales@serverhome.nl

Dutch Chamber of Commerce number : 30135475
Dutch VAT number : NL 069335102 B01

 
 

Terms & Conditions Business customers

  1. General
    1. In these conditions ServerHome / 1000servers located in Harmelen will be referred to as ServerHome and its contract partner as a customer.
    2. These general conditions apply to all tenders of and agreements with ServerHome.
    3. In addition to these Terms and Conditions ServerHome may employ additional conditions that specifically apply to the type of transaction or type of business. The additional conditions are part of these terms and conditions.
    4. A customer who has contracted ServerHome according to these Terms and Conditions will be deemed to have tacitly agreed to orders or agreements by him issued orally, in writing, by telegram or telex while these general terms and conditions apply.
  2. Tenders
    1. Tenders are free of obligations, unless otherwise stated in the tender.
    2. The price lists and price indications of ServerHome are not considered tenders.
  3. Establishing of the contract
    1. Agreements come into effect after an order or repair order of ServerHome is assessed with regard to its feasibility. ServerHome has the right to refuse orders or assignments without specifying a reason, or to exclusively accept under the condition that the shipment after advance payment, in which case the customer will be informed accordingly.
  4. Images
    1. All images, drawings, information on weights, dimensions, colours, etc.. included in price lists and folders, are only approximate and may not prompt compensation and / or dissolution.
    2. All designs, pictures, etc.. made by or on behalf of ServerHome, as referred to in paragraph 1, shall remain the property of ServerHome and may not be copied or reproduced in any form, nor disclosed to third parties or used by any other manner without an explicit written approval,
    3. The customer shall be obliged to return these data on first request to ServerHome on the penalty of € 453.78 per day in favour of ServerHome for each day that the contractor is in default.
  5. Prices
    1. The goods of ServerHome will be delivered at prices prevailing on the date of shipment from the warehouse of ServerHome. The services of ServerHome are carried out at a price which is calculated by ServerHome in its usual manner after providing the services.
    2. For orders below a certain net worth an fee for shipping and handling may be charged. The cost of shipping by express only come at the expense of the customer if such a shipping method is requested.
    3. All prices are exclusive of VAT., ex warehouse ServerHome.
  6. Shipment / delivery
    1. All goods / items are only supplied when the full invoice amount is paid.
    2. Unless otherwise agreed, ServerHome determines the method of shipment. In the event ServerHome has chosen the method of shipment the goods travel at the risk of ServerHome. The customer bears the risk for the goods of the moment when the goods are delivered at the specified address. ServerHome always offers you the opportunity to pick up ordered item(s).
    3. The customer is obliged to receive the good on delivery. Failing this, the goods will be stored at the expense and risk of the customer.
    4. If in spite demand and notice to this effect the customer has not picked up the goods from a storage location specified by ServerHome within three months, ServerHome has the right to sell the goods privately or publicly, and recover all they have to claim from the customer from the proceeds of the business, without prejudice to the rights accruing to ServerHome.
  7. Deadlines for delivery
    1. The delivery period starts when all technical details have been agreed to, and after all necessary information and drawings for the implementation of the agreement in the possession of ServerHome.
    2. Stated delivery times are deemed to have been approximately.
    3. The agreed delivery deadlines are not to the effect that ServerHome is legally in default after its expiration, but in order to do so  a further written notice of default is always required, in which ServerHome will be awarded a period of 14 days to meet with its obligations.
    4. Exceeding a delivery deadline never entitles the customer to any form of compensation, to dissolution of the contract or any other action against ServerHome. This does not apply in cases of intent or gross negligence by ServerHome or its management or if the delivery deadline is exceeded with more than three months. Only then the customer has the right to terminate the agreement, however, without being entitled to claim any compensation
  8. Items shipped on approval
    1. Goods delivered by ServerHome are only considered consignments for shows, exhibitions and for other purposes to be indicated by ServerHome, if ServerHome this confirmed in writing in advance.
    2. All provisions of these terms and conditions shall apply to goods delivered on approval as well, with the exception of situations in which the customer is deemed to have ordered the goods delivered for himself,  the current purchase price is due when after the expiry of the time specified in the confirmation the goods are not immediately returned to the address specified by ServerHome in the original packaging and in the condition in which ServerHome delivered to the customer, at the expense and risk of the customer.
  9. Payment
    1. Payment must be carried out in cash upon the actual delivery of the goods or after rendering the agreed services, unless agreed otherwise in writing. In the event ServerHome sends an invoice, payment must be made immediately or at the latest within eight days after the invoice date unless otherwise agreed in writing. All goods will be delivered only when the full invoice amount is paid.
    2. Payments made by the Customer shall always serve for payment of all interest and costs due, and subsequently for outstanding payable invoices due the longest time, even if the customer states that the payment relates to a later invoice.
    3. If the customer has not paid the invoice in cash at maturity, without prior notice of default an interest of 1.5% shall be payable to ServerHome with regard to the outstanding amount per month, while an entered month is counted as a full month.
    4. If the customer has not paid the amount due within the prescribed period, and ServerHome has been compelled to collection of the claim by legal or other means, the customer is obliged to pay to ServerHome compensation for the costs involved, in accordance with the collection rate of the Dutch Bar Association, but with a minimum of € 113.45 per invoice.
    5. Late payment gives ServerHome the right to  performance to suspend or dissolve its performance and / or other agreements with the customer on its part without the customer being entitled to damages or rescission of the contract and without prejudice to the right of any loss of profit and other consequential damages.
    6. ServerHome is at all times entitled to demand that the customer provides sufficient security for the payment of the services to be provided by ServerHome, which may be specified in a manner indicated by ServerHome.
    7. The customer is not allowed to apply settlements regarding amounts and set offs.
    8. Handling of complaints taken and / or warranty claims give no right to delay payments or to make partial payments.
    9. Bills of exchange are accepted solely for the purpose of payment, under charging discount costs and only after prior written agreement. ServerHome does not warrant offering the bills on time.
    10. Checks, bills of exchange and foreign currency only count as payment after their redemption.
    11. ServerHome is not in a current account relationship with regard to any of its customers.
  10. Retention of title and lien
    1. The ownership of the goods delivered is expressly reserved by ServerHome until full payment, including reimbursement of all costs and interest, including previous and subsequent deliveries and services performed, and damages claims for failure to comply.
    2. The customer may not freely sell, rent, allow anyone else to use or move outside his company's business, pledge or otherwise encumber without written permission of ServerHome.
    3. The customer is obliged to put the supplied goods at the disposal of ServerHome on first request and irrevocably authorizes ServerHome or persons designated by ServerHome to enter the place where the goods are located, in order to take along the goods.
    4. According to subsection 1 ServerHome grants the customer ownership of the goods mentioned when that the customer already has fulfilled all obligations, but subject to the pledge of ServerHome for the benefit of other claims ServerHome has on the customer. The customer shall at first request by ServerHome cooperate to operations required in that context, such on pain of a fine of € 453.78 for each day that the customer continues to remain in default.
    5. Goods or parts thereof which are replaced pursuant to a repair assignment or warranty, remain property of ServerHome until all amounts to be claimed by ServerHome from the customer have been paid.
  11. Complaints
    1. Complaints in general and complaints about invoices must be made known to ServerHome in writing and with a proper description of the complaint to be made, within eight days of receipt of goods or invoice, or within eight days after a defect to the goods is discovered or should have been discovered, After the expiry of this period, ServerHome is deemed to have fulfilled its obligations properly and it is assumed that the customer accepts the goods or invoices as correct.
    2. Complaints never give the right to the customer to suspend payments.
    3. If according to ServerHome a complaint is justified,  ServerHome has the right to at his choice:
      1. Revise the invoice and amend the invoice amount accordingly;
      2. Replace the goods delivered by an item with the same specifications or repair the goods and deliver the replaced goods/parts to ServerHome;
      3. Take back the goods delivered and cancel the agreement, under restitution of the invoice amount paid by the buyer, without being liable for any damages.
    4. If the occasion arises, the buyer should immediately give ServerHome the opportunity to repair any defects.
    5. Returning goods to or from the buyer is at the expense and risk of the buyer. ServerHome will only accept returned goods if and insofar as it has agreed in advance with the return in writing, and then only if these goods are delivered to the address specified by ServerHome, in the original packaging and in the condition they were delivered to the buyer by ServerHome. The buyer should always ensure shockproof and, where necessary, anti-static packaging of the items and returning them by insured mail.
    6. Software and new products such as memory modules etc., which have had the seal broken, can never be returned.
  12. Warranty
    1.  ServerHome guarantees the quality of its services, which are carried out to the best of their ability, and the soundness and quality of the goods supplied, on the condition that the warranty does not exceed the following provisions.
    2. A three month guarantee applies to repairs carried out.
    3. If the buyer has asked ServerHome to repair an item and has not picked up the item within three months of the release date, upon payment of the amount due for the investigation or repair, the buyer is deemed to have waived its rights to the item submitted for repair to ServerHome. The buyer will indemnify ServerHome against all claims by third parties relating to this item.
    4. Any defects, faults or deficiencies for which ServerHome can be held responsible and which can be demonstrated by the buyer – in as far as they fall within the warranty of the item – will be repaired, replaced or returned and credited at the expense of ServerHome.
    5. ServerHome does not offer warranties on assembled products and components, or on consumables (drums, toners and ribbons etc.), unless a warranty has been expressly promised in writing.
    6. Delivery of the items that qualify for replacement or repair to the address specified by ServerHome is at the expense and risk of the buyer.
    7. Items with a warranty certificate other than that supplied by ServerHome, are subject to these terms and conditions, in as far as these terms and conditions deviate.
    8. The buyer can not appeal to the warranty:
      1.  if the buyer has neglected the goods;
      2. if the buyer has carried out modifications or had modifications carried out to the goods, including repairs that were not carried out by or on behalf of ServerHome;
      3. in the event of improper or careless use, wrong connection, wrong voltage, lightning strokes, damage as a result of moisture or damp or other external causes or misfortunes;
      4. if the device has not been maintained in the usual manner or as described in the user manual;
      5. if the device is used using unsuitable or wrong accessories;
      6. if the buyer has otherwise been careless in the handling of the goods.
  13. Trade marks
    1. The manufacturing or trade marks, or the type or identification numbers or marks, which were attached to the goods delivered by ServerHome, should not be removed, damaged or modified.
  14. Limitation of liability
    1. ServerHome, or third parties which it has involved in the generation or implementation of any agreement, cannot be held liable for any damages arising from and related to the agreement, suffered by the customer or any third party involved in the implementation of the agreement, directly or indirectly, irrespective of the cause.
    2. Without prejudice to the above, ServerHome can never be held liable:
      1. for untimely or non-fulfilment of delivery;
      2. for the details printed in brochures, catalogues, advertising material, quotes etc;
      3. for non-liable shortcomings (force majeure), as referred to in Article 15;
      4. if the buyer himself carries out repairs to the item or has a third party carry out repairs, modifies the item, uses it for purposes other than what it is suitable or intended for, overloads the item or otherwise uses the item unprofessionally;
      5. for the property of third parties which are on the premises of ServerHome on account of repairs, storage or for whatever other reason;
      6. for business and/or consequential damage, whatever the cause; G: for damage caused by intent or gross negligence of assisting persons;
      7. for damage caused by software supplied;
      8. for damages resulting from loss of data stored on magnetic data carriers;
      9. for damage caused by the use of a modem connected to the telephone network, including the loss of data, theft of data, incorrect transfer of data, corruption of data or other files, and the continued connection of telephone lines.
    3. If, despite the above, ServerHome is deemed liable for damages, ServerHome will only accept liability to the extent that such liability is covered by its insurance, up to the amount of the payment made by the insurance company.
    4. If, in the case of liability, the insurance company refuses to pay out, ServerHome will not be liable for more than the invoice amount relating to the agreement.
    5. The buyer will indemnify ServerHome against all claims brought by third parties against ServerHome.
    6. The exclusions or limitations of liability listed in these terms and conditions do not apply if the damage is caused by intent or gross negligence of ServerHome or its managerial staff.
  15. Non-liable shortcomings
    1. If, after signing of the agreement, ServerHome is unable to fulfilled the agreement due to circumstances that could not reasonably have been foreseen at the time the agreement was signed, or that could not be known to ServerHome, this will be classed as a non-liable shortcoming on behalf of ServerHome with respect to the buyer (force majeure).
    2. Circumstances referred to under 1 can be considered to include strikes, government measures, delays in delivery/supply, export bans, riots, wars, natural disasters, mobilization or transport restrictions, import restrictions, negligence of suppliers and/or manufacturers of ServerHome, and assisting person, illness among staff, lack of support items or transportation, exclusions or other work disturbances and events which can not reasonably be insured by ServerHome.
    3. In the event of force majeure, ServerHome retains the right to suspend its obligations. ServerHome also retains the right to terminate the agreement in whole or in part, or to claim that the content of the agreement is amended in such a way that fulfilment can continue. In no event shall ServerHome be obliged to pay a fine or damages. ServerHome retains the right to payment for work already carried out and costs incurred.
    4. ServerHome has no powers to suspend the agreement, if fulfilment is permanently impossible or if the temporary inability persists for more than six months. In these cases, the agreement may be dissolved by either party, without the buyer being entitled to compensation for any damage.
  16. Termination
    1. If the buyer does not fulfil his obligations to ServerHome, or fails to do so in a timely and proper manner, or if bankruptcy proceedings have been started against the buyer, if the buyer is declared bankrupt, has applied for a moratorium, or has offered a debt repayment scheme to (a number of) its creditors, also in the case of attachment of its assets or a part thereof, if the buyer is selling or settling his business, and also in the event of his death, guardianship or if he has otherwise lost the control or management of his company, businesses or parts thereof, the buyer is deemed legally in default, making all claims received by ServerHome at the expense of the buyer due immediately and in full, without the requirement of proof of default.
    2. In the cases referred to under 1, ServerHome retains the right, without proof of default, to on its part suspend the further fulfilment of the agreement or to terminate the agreement in full or in part.
    3. ServerHome at all times retains the right to claim damages from the buyer and to take back any goods delivered.
    4. If the buyer wishes to terminate the agreement, he will at all times firstly declare ServerHome to be in default in writing, and offer them a reasonable time period to fulfil its obligations, or to repair its shortcomings, which should be clearly and accurately described by the buyer in writing.
    5. The buyer does not have the right to terminate the agreement in full or in part or to suspend his obligations, if he was already in default himself with regard to the fulfilment of his obligations.
    6. In the event of partial termination, the buyer cannot claim that work already carried out by ServerHome is cancelled, and Company continues to retain the right to payment of work already carried out.
  17. Applicable law / jurisdiction
    1. All agreements are subject to Dutch law.
    2. The competent court in the district of Utrecht will take cognizance of all disputes which may arise between ServerHome and buyer, unless ServerHome prefers to submit the dispute to the competent court of the domicile of the buyer, and with the exception of those disputes which belong to the jurisdiction of a magistrate.

 


ServerHome / 1000servers
Energieweg 25 - A
3481 MC Harmelen
Phone : +31 (0)30 43 00 000
E-mail : sales@serverhome.nl

Dutch Chamber of Commerce number : 30135475
Dutch VAT number : NL 069335102 B01

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