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Terms and Conditions | ServerLama

ServerLama Terms and Conditions

This page sets out the general terms and conditions for the supply of goods and services by ServerLama BV. The terms consist of two parts:

Our warranty terms also apply to warranty matters. They form part of these terms and conditions.

These terms are a translation of the Dutch "Algemene voorwaarden". In the event of any discrepancy, the Dutch version prevails.

Terms and conditions for consumers

  1. Applicability
    1. These terms apply to every offer made by ServerLama and to every contract between ServerLama and a consumer.
    2. Before the contract is concluded, we make these terms available to you so that you can store and read them.
  2. Prices
    1. All prices for consumers include VAT.
    2. Shipping costs are stated separately and clearly before you complete your order.
    3. For large or heavy items, such as server racks, we use specialist carriers. The costs are shown during checkout as "Shipping costs for heavy items".
  3. Payment
    1. For orders placed through the webshop, you pay when completing your order using one of the payment methods offered. We ship the order once your payment has been received. You will receive an invoice.
    2. If you do not pay an outstanding amount on time, we will first send you a payment reminder giving you 14 days to pay. If you still do not pay within that period, we may charge statutory interest and collection costs in accordance with the statutory scale.
  4. Delivery
    1. We deliver to the address you provided with your order, as soon as possible and no later than 30 days after your order, unless a different delivery period has been agreed.
    2. If delivery is delayed, or if an order cannot be delivered or only in part, we will inform you no later than 30 days after your order. You then have the right to cancel the contract free of charge. We will refund any amount paid no later than 14 days thereafter.
    3. The risk of damage to and loss of products remains with us until the moment of delivery to you or to a person designated by you.
    4. Please report shipping damage as soon as possible, preferably within 48 hours of receipt, via info@serverlama.com, including photos of the packaging and the product.
  5. Right of withdrawal
    1. For a distance purchase (through the webshop, by email or by telephone), you have a cooling-off period of 14 days. During this period you may withdraw from the contract without giving any reason. The cooling-off period starts on the day after you, or a person designated by you, receive the product.
    2. You notify us of your withdrawal within the cooling-off period by email to info@serverlama.com. You may use the model withdrawal form, but this is not required. You then return the product within 14 days. Please follow the instructions on our RMA page.
    3. During the cooling-off period you must handle the product and its packaging with care. You may only unpack or use the product to the extent necessary to establish its nature, characteristics and functioning. If you go beyond that, you are liable for any diminished value of the product.
    4. The cost of returning the product is borne by you. The risk of the return shipment lies with you. Pack the product carefully, preferably in its original packaging.
    5. We refund the purchase price, including the original standard shipping costs, within 14 days of receiving your withdrawal. We may withhold the refund until we have received the product or you have provided proof of having sent it back. If you chose a more expensive shipping method than the cheapest standard delivery, we will not refund the additional costs.
    6. The right of withdrawal does not apply to:
      1. products made to your specifications that are not prefabricated;
      2. sealed software that has been unsealed after delivery.
  6. Conformity and warranty
    1. We guarantee that our products conform to the contract, to the specifications stated in our offer, and to reasonable requirements of soundness and usability.
    2. In addition, we provide a warranty in accordance with our warranty terms.
    3. This warranty does not affect your statutory rights. If a product does not conform to the contract, you can always contact us; you do not need to turn to the manufacturer.
  7. Complaints
    1. Please report complaints about a product as soon as possible, and in any case within two months of discovering the defect, preferably in writing via info@serverlama.com.
    2. We respond to complaints within 14 days. If we need more time, we will let you know within 14 days when you can expect a full response.
  8. Retention of title
    1. Delivered products remain the property of ServerLama until the full amount has been paid.
  9. Privacy
    1. We process personal data in accordance with the General Data Protection Regulation (GDPR). See our privacy policy.
  10. Governing law
    1. Contracts with consumers are governed by Dutch law. If you live in another country, you retain the protection of the mandatory rules of your country of residence.

Model withdrawal form

Only complete and return this form if you wish to withdraw from the contract.

To: ServerLama BV, Schonauwenseweg 13A, 3994 MC Houten, The Netherlands, info@serverlama.com

I hereby give notice that I withdraw from my contract of sale of the following products:

  • Order number: ...........................................
  • Product(s): ...........................................
  • Ordered on / received on: ...........................................
  • Name: ...........................................
  • Address: ...........................................
  • IBAN: ...........................................
  • Date: ...........................................
  • Signature (only if this form is submitted on paper): ...........................................

Terms and conditions for business customers

  1. General
    1. In these terms, ServerLama BV, established in Houten, the Netherlands, is referred to as "ServerLama" and its contracting party as the "customer". The customer is the party acting in the course of a profession or business.
    2. These terms apply to all quotations from and contracts with ServerLama. Our warranty terms form part of these terms.
    3. The applicability of the customer's purchasing or other terms and conditions is expressly rejected.
    4. Deviations from these terms apply only if ServerLama has confirmed them in writing (including by email).
    5. A customer who has once contracted with ServerLama under these terms agrees to their applicability to subsequent orders.
  2. Quotations and formation of contract
    1. Quotations are non-binding and valid for the period stated in the quotation, unless stated otherwise.
    2. Price lists and prices stated on the website do not constitute a quotation.
    3. A contract is formed when ServerLama confirms an order or assignment in writing (including by email) or executes it. ServerLama may refuse an order without giving reasons, or accept it only against prepayment.
  3. Images and specifications
    1. Images, weights, dimensions, colours and other data on the website and in quotations are approximate. Deviations do not entitle the customer to compensation or termination.
    2. Designs, images and documentation made by or on behalf of ServerLama remain the property of ServerLama and may not be copied or provided to third parties without written consent.
  4. Prices
    1. All prices exclude VAT and are ex works ServerLama's warehouse in Houten.
    2. The applicable price is the price at the time of ordering, or the price in the quotation accepted by the customer.
    3. Services such as configuration, installation and repair are performed at the price or hourly rate stated in advance.
    4. Shipping costs are stated separately. For large or heavy items, such as server racks, ServerLama uses specialist carriers. These costs are shown during checkout as "Shipping costs for heavy items". If the customer does not accept these costs, the customer may terminate the contract and ServerLama will refund any amount already paid.
    5. Express shipping costs are borne by the customer only if the customer requested that shipping method.
  5. VAT and intra-Community supplies
    1. For a supply within the EU under the reverse-charge mechanism, the customer provides a valid VAT identification number before delivery. ServerLama verifies this number in VIES.
    2. If the VAT number is invalid or missing, or if the supply does not otherwise qualify for the zero rate, ServerLama will charge Dutch VAT.
    3. On request, the customer provides the information ServerLama needs to evidence the intra-Community supply.
  6. Shipping and delivery
    1. Goods are delivered after receipt of full payment, unless payment on invoice has been agreed.
    2. Unless agreed otherwise in writing, ServerLama determines the method of shipment. In that case, the goods travel at ServerLama's risk. Risk passes to the customer at the moment the goods are offered for delivery at the specified address.
    3. The customer may also collect ordered goods in Houten.
    4. The customer is obliged to accept the goods upon delivery. If the customer fails to do so, the goods are stored at the customer's expense and risk.
    5. If the customer, after a demand to do so, does not collect the goods within three months, ServerLama may sell the goods and recover from the proceeds everything it is owed by the customer.
    6. The customer reports shipping damage within 48 hours of receipt via info@serverlama.com, including photos of the packaging and the product. Visible damage to the packaging should preferably be noted by the carrier upon delivery.
  7. Delivery periods
    1. The delivery period commences once agreement has been reached on all technical details and ServerLama has received all information required for performance.
    2. Stated delivery periods are approximate and are not strict deadlines.
    3. If a delivery period is exceeded, the customer must give ServerLama written notice of default, allowing a period of at least 14 days to deliver.
    4. Exceeding a delivery period does not entitle the customer to compensation or termination, except in the event of intent or gross negligence on the part of ServerLama or its management, or if the period is exceeded by more than three months. In the latter case, the customer may terminate the contract, without any right to compensation.
  8. Cancellation and returns
    1. A cancellation is valid only once ServerLama has confirmed it in writing (including by email).
    2. Upon cancellation, ServerLama may charge 25% of the order value, plus the costs of any assembly and configuration already carried out.
    3. An order for which ServerLama has purchased goods or services specifically for the customer cannot be cancelled.
    4. The customer has no statutory right of withdrawal. Returns outside warranty and complaints are accepted only with ServerLama's prior written consent.
  9. Goods on approval
    1. Goods are supplied on approval only if ServerLama has confirmed this in writing in advance.
    2. These terms apply to goods on approval. If the goods have not been returned in their original packaging and original condition within the period stated in the confirmation, at the customer's expense and risk, the customer is deemed to have purchased them at the price then applicable.
  10. Payment
    1. Payment is made before delivery, unless payment on invoice has been agreed in writing. For payment on invoice, the customer pays within 8 days of the invoice date, unless a different term has been agreed in writing.
    2. Payments by the customer are applied first to costs and interest due, and then to the oldest outstanding invoices, even if the customer states otherwise.
    3. If the customer does not pay on time, the customer is in default without notice of default being required and owes interest of 1.5% per month on the outstanding amount, with part of a month counting as a full month.
    4. In the event of collection, the customer owes extrajudicial collection costs of 15% of the outstanding amount, with a minimum of €40.
    5. In the event of late payment, ServerLama may suspend its obligations under this and other contracts with the customer or terminate the contract, without prejudice to its right to compensation.
    6. ServerLama may at any time require the customer to provide security for payment.
    7. The customer may not set off amounts. Complaints and warranty claims do not entitle the customer to suspend payment or to pay in part.
  11. Retention of title
    1. Delivered goods remain the property of ServerLama until the customer has paid everything owed under this and any earlier or later contracts, including interest and costs.
    2. Until ownership has passed, the customer may not sell, rent out, pledge or otherwise encumber the goods, except in the ordinary course of its business.
    3. If the customer fails to meet its payment obligations, it makes the goods available to ServerLama on first request. The customer authorises ServerLama to enter the premises where the goods are located in order to retrieve them.
    4. Parts replaced during repair or under warranty become the property of ServerLama.
  12. Complaints
    1. The customer reports complaints about delivered goods or invoices within 8 days of receipt, or within 8 days after a defect was discovered or should reasonably have been discovered, in writing and with a clear description. After that period, the customer is deemed to have accepted the goods and invoices.
    2. If ServerLama finds a complaint justified, it chooses, in consultation with the customer, between repair, replacement with a product of the same specifications, adjustment of the invoice, or taking the goods back against a credit.
    3. Returned goods are accepted only with ServerLama's prior written consent and in accordance with the instructions on the RMA page. Returns are at the customer's expense and risk, in shockproof and, where necessary, antistatic packaging.
    4. Software and new items of which the seal has been broken cannot be returned.
  13. Warranty
    1. Delivered goods are covered by warranty in accordance with ServerLama's warranty terms.
    2. ServerLama provides a three-month warranty on repairs carried out.
    3. If the customer does not collect a product offered for repair within three months of being notified that it is ready, against payment of the costs due, the customer is deemed to have relinquished the product. The customer then indemnifies ServerLama against third-party claims relating to that product.
  14. Data and storage media
    1. The customer is responsible for making backups and wiping data before handing over a product or storage medium to ServerLama. ServerLama is not liable for loss of, or access to, data on products handed over.
  15. Trademarks and serial numbers
    1. Manufacturer's marks and trademarks, type numbers, serial numbers and warranty stickers on delivered goods may not be removed, damaged or altered.
  16. Liability
    1. ServerLama's liability is limited to direct damage and to no more than the invoice amount of the contract concerned. If the damage is covered by ServerLama's liability insurance, liability is limited to the amount paid out by the insurer.
    2. ServerLama is in no event liable for:
      1. business interruption and consequential loss, including downtime and loss of revenue or profit;
      2. loss of, damage to, or access to data;
      3. damage caused by software;
      4. damage resulting from information on the website, in documentation or in quotations;
      5. damage resulting from repair, modification, overloading or improper use by the customer or third parties, or use for a purpose for which the product is not suitable;
      6. damage to third-party property located at ServerLama for repair or storage, except in the event of intent or gross negligence on the part of ServerLama.
    3. The limitations in this article do not apply in the event of intent or gross negligence on the part of ServerLama or its management.
    4. The customer indemnifies ServerLama against third-party claims relating to goods or services supplied by ServerLama, insofar as such claims arise from use by the customer.
  17. Force majeure
    1. ServerLama is not obliged to perform if prevented by circumstances not attributable to it (force majeure), such as strikes, government measures, export or import restrictions, war, natural disasters, transport problems, staff illness, and failures or delays of suppliers or manufacturers.
    2. In the event of force majeure, ServerLama may suspend its obligations or terminate the contract in whole or in part, without being liable for compensation. ServerLama retains its right to payment for what it has already delivered or performed.
    3. If force majeure lasts longer than six months, or if performance is permanently impossible, either party may terminate the contract, without any right to compensation.
  18. Termination
    1. If the customer fails to meet its obligations, or fails to do so on time or properly, or if the customer is declared bankrupt, applies for a suspension of payments, has its assets attached, or its business is liquidated, the customer is in default by operation of law and all claims of ServerLama become immediately due and payable in full.
    2. In those cases, ServerLama may, without notice of default, suspend performance of the contract or terminate it in whole or in part, and take back delivered goods, without prejudice to its right to compensation.
    3. If the customer wishes to terminate the contract, it must first give ServerLama written notice of default, with a precise description of the failure, and allow a reasonable period for ServerLama to perform.
    4. In the event of partial termination, ServerLama retains its right to payment for what it has already delivered or performed.
  19. Governing law and competent court
    1. All contracts are governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
    2. Disputes are submitted to the competent court of the District Court of Midden-Nederland, Utrecht location, unless mandatory law designates another court. ServerLama may also submit a dispute to the competent court at the customer's place of business.

ServerLama BV
Schonauwenseweg 13A, 3994 MC Houten, The Netherlands
Phone: +31 (0)30 43 00 000
Email: info@serverlama.com
Chamber of Commerce (KvK): 91668166
VAT number: NL865731585B01
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