Introduction
Below you will find our General Terms and Conditions. These always apply when you use or place an order via our Website and contain important information for you as a buyer. Therefore, read the General Terms and Conditions carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.
Definitions
V-IT Solutions: established in Amsterdam and registered with the Chamber of Commerce under registration number 65809459, trading under the name Software.Direct.
Website: the Software.Direct website, accessible via https://software.direct and all associated subdomains.
Customer: the natural or legal person, whether or not acting in the exercise of his profession or company, who enters into an Agreement with Software.Direct and/or has registered on the Website.
Agreement: any arrangement or agreement between Software.Direct and Customer, of which Agreement the General Terms and Conditions form an integral part.
Terms and Conditions: the present General Terms and Conditions.
Article 1. Applicability of General Terms and Conditions
1.1 The General Terms and Conditions apply to all offers, agreements and deliveries of Software.Direct, unless expressly agreed otherwise in writing.
1.2 If the Customer includes provisions or conditions in its order, confirmation or communication containing acceptance that deviate from or do not appear in the General Terms and Conditions, these are only binding for Software.Direct if and insofar as they have been expressly accepted in writing by Software.Direct .
1.3 In the event that specific product or service terms and conditions apply in addition to these General Terms and Conditions, those terms and conditions will also apply, but in the event of conflicting terms and conditions, the Customer can always invoke the applicable provision that is most favorable to him.
Article 2. Prices and information
2.1 All prices stated on the Website and in other materials originating from Software.Direct include VAT and, unless stated otherwise on the Website, other levies imposed by the government.
2.2 If shipping costs are charged, this will be clearly stated in good time before concluding the Agreement. In addition, these costs will be shown separately in the ordering process.
2.3 The content of the Website has been compiled with the utmost care. However, Software.Direct cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from Software.Direct are therefore subject to obvious programming and typing errors.
2.4 Software.Direct cannot be held responsible for (color) deviations as a result of screen quality.
Article 3. Formation Agreement
3.1 The Agreement is concluded at the moment of acceptance by the Customer of the Software.Direct offer and compliance with the conditions set by Software.Direct.
3.2 If the Customer has accepted the offer electronically, Software.Direct will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the Customer has the option of dissolving the Agreement.
3.3 If it appears that upon acceptance or otherwise entering into the Agreement the Customer has provided incorrect information, Software.Direct has the right to fulfill its obligation only after the correct information has been received.
3.4 Software.Direct can inform itself within legal frameworks whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If, based on this investigation, Software.Direct has good reasons not to enter into the Agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation, such as advance payment.
Article 4. Registration
4.1. To make optimal use of the Website, the Customer can register via the registration form/account login option on the Website.
4.2. During the registration procedure, the Customer chooses a username and password with which he can log in to the Website after registration. The Customer is responsible for choosing a sufficiently reliable password.
4.3. The Customer must keep its login details, user name and password strictly confidential. Software.Direct is not liable for misuse of the login details and may always assume that a Customer who registers on the Website is actually that Customer. Everything that happens through Customer's account is the responsibility and risk of Customer.
4.4. If the Customer knows or suspects that his login details have come into the hands of unauthorized persons, he must change his password as soon as possible and/or inform Software.Direct thereof, so that Software.Direct can take appropriate measures.
Article 5. Execution Agreement
5.1 As soon as the order has been received by Software.Direct, Software.Direct will send the products as soon as possible, with due observance of the provisions of paragraph 3 of this Article.
5.2 Software.Direct is entitled to engage third parties in the performance of the obligations arising from the Agreement.
5.3 The Website clearly describes, in good time before concluding the Agreement, how delivery will take place and within what period the products will be delivered. If no delivery period has been agreed or stated, products will in any case be delivered within 30 days.
5.4 If Software.Direct is unable to deliver the products within the agreed term, it will inform the Customer thereof. In that case, the Customer can agree to a new delivery date or he will be given the option to dissolve the Agreement free of charge.
5.5 Software.Direct advises the Customer to inspect the delivered products and to report the defects found within a reasonable time, preferably in writing. For more information, see the Article on warranty and conformity.
5.6 As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the Customer. If expressly agreed otherwise, the risk will pass to the Customer earlier. If the Customer decides to collect the products, the risk will pass upon transfer of the products.
5.7 Software.Direct is entitled to deliver a similar product of similar quality as the ordered product, if the ordered product is no longer available. The customer is then entitled to dissolve the agreement free of charge and to return the product free of charge.
Article 6. Right of withdrawal
6.1 This article only applies to the Customer being a natural person who is not acting in the exercise of his profession or business.
6.2 The Customer has the right to dissolve the distance Agreement with Software.Direct within 14 calendar days after receipt of the product, free of charge, without stating reasons.
6.3 The period starts on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product, or:
• if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, has received the last product;
• if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or the last part;
• in the case of Agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product.
6.4 Only the direct costs for the return shipment are for the account of the Customer. The customer must therefore bear the return costs himself. If these costs are higher than the regular postal rate, Software.Direct will provide an estimate of these costs. Any costs paid by the Customer for shipping and payment of the product to the Customer will be refunded to the Customer upon return of the entire order.
6.5 Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and the packaging with care. The customer will only open the packaging and use the product only insofar as this is necessary to check the nature, characteristics and functioning of the products. The starting point here is that this inspection may not go beyond what the Customer could do in a physical store.
6.6 Customer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in the previous paragraph.
6.7 The Customer can dissolve the Agreement in accordance with the term set in paragraph 1 of this Article by sending the model withdrawal form (digitally) to Software.Direct, or otherwise unambiguously informing Software.Direct that it is renouncing the purchase. . Software.Direct confirms receipt of that notification in the event of a digital notification. After dissolution, the Customer has 14 days to return the product. It is also possible to return the product immediately within the cooling-off period set in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous statement for withdrawal is enclosed.
Products can be returned to:
V-IT Solutions
Gravin Juliana van Stolberglaan 31 – Unit G190
2263AB, Leidschendam, The Netherlands
6.8 Amounts already paid (in advance) by the Customer will be refunded to the Customer as soon as possible, but no later than 14 days after dissolution of the Agreement, in the same manner as the Customer paid the order. If Customer has opted for a more expensive method of delivery than the cheapest standard delivery, Software.Direct does not have to reimburse the additional costs for the more expensive method. Unless Software.Direct offers to collect the product itself, Software.Direct may withhold reimbursement until Software.Direct has received the product or until Customer demonstrates that it has returned the product, whichever is the earlier.
6.9 Information on whether or not the right of withdrawal applies and any desired procedure will be clearly stated on the Website in time for the conclusion of the Agreement.
6.10 The right of withdrawal does not apply to:
• products created by the entrepreneur in accordance with the Customer's specifications;
• audio and video recordings and computer software of which the Customer has broken the seal;
• products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
• the delivery of digital content other than on a tangible medium if the performance has begun with the explicit prior consent of the Customer and he has declared that he will lose his right of withdrawal with this.
Article 7. Payment
7.1 The Customer must make payments to Software.Direct in accordance with the payment methods indicated in the ordering procedure and possibly on the Website. Software.Direct is free to choose payment methods and these may change from time to time. In case of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.
7.2 If the Customer does not meet its payment obligation(s) in time, it is, after it has been informed by Software.Direct of the late payment and Software.Direct has granted the Customer a period of 14 days to still meet its payment obligations. pay, after failure to pay within this 14-day term, the statutory interest on the amount still owed and Software.Direct is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next €2,500 and 5% on the next €5,000 with a minimum of €40. Software.Direct may deviate from the stated amounts and percentages to the benefit of the Customer.
Article 8 – Warranty and Conformity
8.1 This article only applies if there is a case of a Customer who is not acting in the exercise of his profession or business. If Software.Direct gives a separate warranty on the products, this applies to all types of Customers, without prejudice to the above.
8.2 Software.Direct guarantees that the products
comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, Software.Direct also guarantees that the product is suitable for other than normal use.
8.3 If the delivered product does not comply with the Agreement, the Customer must notify Software.Direct within a reasonable period of time after discovering the defect.
8.4 If Software.Direct considers the complaint to be justified, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum compensation, with due observance of the Article regarding liability, is equal to the price paid by the Customer for the product.
Article 9. Guarantee for business purchases
9.1 Software.Direct guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and / or regulations existing on the date of the conclusion of the Agreement government regulations. If specifically agreed, Software.Direct also guarantees that the product is suitable for other than normal use. Otherwise, the product is suitable for normal use.
9.2 If the delivered product does not comply with the Agreement upon delivery, the Customer must notify Software.Direct within 2 days after delivery. If the Customer does not do this, he can no longer claim repair, replacement, etc. if the product is delivered defective.
9.3 If Software.Direct considers the complaint to be justified, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the Customer.
Article 10. Complaints procedure
10.1 If the Customer has a complaint about a product (in accordance with Article regarding warranty and conformity) and/or about other aspects of Software.Direct's services, he can submit a complaint to Software.Direct by telephone, e-mail or post. . See contact details at the bottom of the Terms and Conditions.
10.2 Software.Direct will provide the Customer with a response to his complaint as soon as possible, but in any case within 7 days after receipt of the complaint. If it is not yet possible to provide a substantive or final response, Software.Direct will confirm the complaint within 7 days of receipt of the complaint and give an indication of the term within which it expects to provide a substantive or final response to the complaint. customer complaint.
10.3 Customer who is not acting in the exercise of his profession or business can also submit a complaint via the European dispute resolution platform, which can be reached via https://webgate.ec.europa.eu/odr/.
Article 11. Liability
11.1 This Article only applies if the Customer is a natural person or legal entity acting in the exercise of his profession or business.
11.2 The total liability of Software.Direct towards the Customer due to an attributable shortcoming in the fulfillment of the Agreement is limited to reimbursement of a maximum of the amount of the price stipulated for that Agreement (including VAT).
11.3 Software.Direct's liability towards the Customer for indirect damage, including in any case - but expressly not limited to - consequential damage, lost profit, missed savings, loss of data and damage due to business interruption, is excluded.
11.4 Apart from the cases mentioned in the previous two paragraphs of this Article, Software.Direct has no liability towards the Customer for compensation, regardless of the grounds on which an action for compensation would be based. However, the restrictions referred to in this Article will lapse if and insofar as damage is the result of intent or gross negligence on the part of Software.Direct.
11.5 The liability of Software.Direct towards the Customer due to an attributable shortcoming in the fulfillment of an Agreement only arises if the Customer immediately and properly declares Software.Direct in default in writing, stating a reasonable term to remedy the shortcoming, and Software.Direct also after that period continues to fail in the fulfillment of its obligations. The notice of default must contain as detailed a description as possible of the shortcoming, so that Software.Direct is able to respond adequately.
11.6 A condition for the existence of any right to compensation is always that the Customer reports the damage to Software.Direct in writing as soon as possible, but no later than 30 days after it has arisen.
11.7 In the event of force majeure, Software.Direct is not obliged to pay compensation for any damage caused to the Customer as a result.
Article 12. Personal data
12.1. Software.Direct processes the Customer's personal data in accordance with the privacy statement published on the Website.
Article 13. Final provisions
13.1 Dutch law applies to the Agreement.
13.2 Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Software.Direct is located.
13.3 If a provision in these General Terms and Conditions proves to be null and void, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will adopt (a) new provision(s) to replace it, which will give shape to the intention of the original provision as far as legally possible.
13.4 In these General Terms and Conditions, “in writing” also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
Contact details
If you have any questions, complaints or comments after reading these General Terms and Conditions, please do not hesitate to contact us in writing or by e-mail.
V-IT Solutions
Keurenplein 41 – Unit G190
1069CD, Amsterdam, Netherlands
WhatsApp: +31203697639
Email: [email protected]
Chamber of Commerce number: 65809459
VAT number: NL002523580B15