Leverings-voorwaarden

2. Confirmation and Security
Once you have placed an order, you will receive confirmation from us through electronic means (e.g., email). Until this has occurred, you can still cancel the purchase by dissolving the agreement. When you order via the internet, we ensure the security of the exchanged data and provide a secure web environment.

3. Cooling-off Period for Product Deliveries

• When purchasing products, as a consumer, you have a cooling-off period of seven working days. The cooling-off period starts on the day after you receive the product or when it is received on your behalf. During this period, you have the option to dissolve the agreement without having to provide a reason. This is referred to as the right of withdrawal.
• During the cooling-off period, you should handle the product and packaging carefully. This means that you should only unpack or use the product to the extent necessary to assess whether you want to keep it. If you exercise your right of withdrawal, you should return the product to us with all supplied accessories, in its original condition and packaging. We will provide you with information on how to do this. According to the law, this information should be reasonable and clear.
• If you use your right of withdrawal, you only need to cover the cost of returning the product.
• We will refund any other costs you have already paid as soon as possible, no later than 30 days after the return or withdrawal.

4. Cooling-off Period for Service Deliveries

• When services are delivered, as a consumer, you have a cooling-off period of seven working days. The cooling-off period starts on the day the agreement is concluded. During this period, you have the option to dissolve the agreement without having to provide a reason. This is referred to as the right of withdrawal.
• To exercise your right of withdrawal, we provide you with information on how to do this in our offer or at the latest upon delivery of the service. According to the law, this information should be reasonable and clear.
• We will refund any costs you have already paid as soon as possible, no later than 30 days after the withdrawal.

5. Exclusion of the Right of Withdrawal
Sometimes, as a consumer, you may not have the right of withdrawal, but we must clearly state this before the agreement is concluded. This applies to products:

• that have been customized according to the consumer's specifications;
• that are clearly of a personal nature;
• that are sensitive to static electricity (e.g., memory modules and CPUs);
• that, due to their nature, cannot be returned;
• that can deteriorate or expire quickly;
• whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• for loose newspapers and magazines;
• for audio and video recordings and computer software where the consumer has broken the seal.

For services, exclusion of the right of withdrawal is only possible if it concerns services:

• related to accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
• whose delivery has started with your explicit consent before the cooling-off period has expired;
• related to betting and lotteries.

6. Cancellation
A cancellation is only valid when confirmed in writing by ServerLama. In case of cancellation of the purchase agreement, we reserve the right to charge a minimum of 25% cancellation fee, plus any costs incurred for the assembly and configuration of your purchase.
An order or purchase for which ServerLama has specifically procured goods or services for you cannot be canceled.

• Delivery and Execution
  1. Delivery will take place at the address you have provided to us. This will be done as quickly as possible but no later than within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed in full or in part, you will be notified of this as soon as possible. The maximum term for this notification is 30 days from the day you placed the order. After this period, you have the right to cancel the purchase agreement without any costs and are entitled to any possible compensation for damages.
  2. Upon cancellation, we will refund the amount you have paid as soon as possible, but no later than within 30 days after cancellation.
  3. If the delivery of a separately ordered product turns out to be impossible, we will do our best to provide you with a replacement item. This will be clearly and comprehensibly communicated to you before the delivery. In the case of a distance purchase, you can still exercise your right of withdrawal. The costs of return shipping in this case will be covered by us.
  4. The risk of damage and/or loss of products is borne by us until the moment of delivery to you, unless explicitly agreed otherwise.
  
  
• Complaints and Complaint Period
  As we strive to provide our customers with optimal service, we consider it important to hear from you if you have complaints about the purchased product. Please do this as soon as possible, also to limit any potential damages. According to the law, a complaint is considered to be submitted in a timely manner if it is made within two months of discovery. This also applies in cases where the purchased product does not have the properties that you could reasonably expect based on the purchase agreement. It is in your interest to submit your complaints in writing. If you file a complaint with us, we will respond within 14 days at the latest. If we need more time for this, we will inform you within 14 days about when you can expect a response.

ServerLama
Address: To be provided shortly
Phone: To be provided
Email: info@serverlama.com
Chamber of Commerce (KvK): To be provided
VAT Number: To be provided

General Terms and Conditions for the Business Market

• 1. General
  1. In these terms and conditions, ServerLama established at To be provided is referred to as ServerLama, and its contracting partner as the purchaser.
  2. These general terms and conditions apply to all quotations and agreements with ServerLama.
  3. In addition to these general terms and conditions, ServerLama may apply additional conditions that are specifically applicable to the type of transaction or nature of the work. The additional conditions are an integral part of these general terms and conditions.
  4. A purchaser who has contracted with ServerLama in accordance with these general terms and conditions is deemed to have implicitly accepted the applicability of these general terms and conditions for any subsequent orders or agreements communicated by him orally, in writing, by telegram, or by telex.
• 2. Quotations
  1. Quotations are non-binding unless stated otherwise in the quotation.
  2. The price lists and price indications of ServerLama are not considered quotations.
• Formation of the Agreement
  Agreements are only formed after an order or repair request from ServerLama has been assessed for feasibility. ServerLama reserves the right to not accept orders or requests without providing reasons, or to accept them only on the condition of prepayment, in which case the customer will be informed accordingly.
  
• Images
  1. All images, drawings, data regarding weights, dimensions, colors, etc. included in price lists and brochures are approximate and cannot be the basis for claims for damages and/or termination.
  2. All designs, images, etc. created by or on behalf of ServerLama as mentioned in paragraph 1 remain the property of ServerLama and may not be copied or otherwise reproduced without explicit written permission, nor shown to third parties or used in any way.
  3. The customer is obligated to return these materials to ServerLama upon first request, under penalty of a fine payable to ServerLama of € 453.78 per day, for each day that the customer is in default of this obligation.
• Pricing
  1. ServerLama's products are supplied at the prices that are valid on the date of dispatch from ServerLama's warehouse. ServerLama's services are provided at the price that ServerLama calculates in its customary manner after providing the services.
  2. For orders below a certain net value, a charge for shipping and administrative costs may be applied. The costs for express shipping will be borne by the customer only if they have specifically requested such a shipping method.
  3. All prices are exclusive of VAT, from ServerLama's warehouse.
• Shipping/Delivery
  1. All goods/items will only be delivered once the full invoice amount has been paid.
  2. Unless otherwise agreed in writing, ServerLama determines the method of shipment. If ServerLama has chosen the method of shipment, the goods travel at the risk of ServerLama. The customer assumes the risk of the goods from the moment the goods are offered for receipt at the specified address. ServerLama always offers you the option to pick up the ordered item(s).
  3. The customer is obliged to accept the goods upon delivery. In the absence thereof, the goods will be stored at the customer's expense and risk.
  4. In the event that, despite summons, the customer has not collected the goods within three months thereafter from the storage location specified by ServerLama, ServerLama has the right to sell the goods either privately or publicly at its discretion, and to recover from the proceeds everything it has to claim from the customer, without prejudice to ServerLama's rights.
• Delivery Times
  1. The delivery period begins when agreement has been reached on all technical details and after all necessary data and drawings for the execution of the agreement are in possession of ServerLama.
  2. Stated delivery times are considered to be approximate.
  3. The agreed delivery times are not intended to automatically place ServerLama in default after their expiration; a further written notice of default is always required, granting ServerLama a minimum period of 14 days to fulfill its obligations.
  4. Exceeding a delivery time never gives the customer the right to any compensation, the dissolution of the agreement, or any other action against ServerLama. This is only different in cases of intent or gross negligence on the part of ServerLama or its management staff, or if the delivery time is exceeded by more than three months. In such cases, the customer has the right to dissolve the agreement, without, however, being entitled to any compensation.

• Sample shipments
  1. The items delivered by ServerLama are only considered as items sent for display purposes at shows, exhibitions, and for other purposes indicated by ServerLama, when ServerLama has confirmed this in writing beforehand.
  2. All provisions of these general terms and conditions also apply to items sent for display, albeit with the understanding that the customer is deemed to have ordered the delivered items for themselves, and the customer is obligated to pay the applicable purchase price if the items are not promptly returned to the address specified by ServerLama, at the customer's own expense and risk, after the expiration of the term mentioned in the confirmation. The items should be returned in their original packaging and in the condition in which ServerLama delivered them to the customer.

• Payment
  1. Payment must be made in cash upon actual delivery of the goods or after the performance of the agreed-upon services, unless otherwise agreed upon in writing. In case ServerLama sends an invoice, payment must be made immediately, or no later than eight days after the invoice date, unless otherwise agreed upon in writing. All goods will only be delivered once the full invoice amount has been paid.
  2. Payments made by the buyer shall always be applied first to cover any due interest and costs, and then to the oldest outstanding invoices, even if the buyer specifies that the payment pertains to a later invoice.
  3. If the buyer has not paid the invoice in cash by the due date, interest of 1.5% per month on the outstanding amount is due to ServerLama without prior notice, with each commenced month being considered as a full month.
  4. If the buyer fails to pay the amount owed within the stipulated period, and ServerLama resorts to judicial or other means to collect the debt, the buyer shall be obliged to pay ServerLama a compensation for the associated costs in accordance with the collection rate of the Dutch Bar Association, with a minimum of €113.45 per invoice.
  5. Untimely payment gives ServerLama the right to suspend its performance under this and/or other agreements with the buyer, or to terminate such agreements, without the buyer's right to claim damages or termination of the agreement, and without prejudice to the right to claim any eventual loss, loss of profit, and further consequential damages.
  6. ServerLama is at all times entitled to demand that the buyer provides sufficient security for the payment of the performances to be provided by ServerLama, in a manner specified by ServerLama.
  7. The buyer is not allowed to apply setoff.
  8. Processed complaints and/or warranty claims do not entitle the buyer to payment deferral or partial payment.
  9. Bills of exchange will be accepted, subject to discount charges, only with prior written agreement and solely for the purpose of payment. ServerLama does not guarantee the timely presentation of bills of exchange.
  10. Cheques, bills of exchange, and foreign currency will only be considered as payment after they have been redeemed.
  11. ServerLama does not maintain a current account relationship with any of its buyers.
• Retention of Ownership and Right of Pledge
  1. The ownership of the delivered goods is explicitly retained by ServerLama until full payment, including the reimbursement of all costs and interest, also for previous and subsequent deliveries and services provided, as well as damage claims due to non-performance, has occurred.
  2. The buyer is not allowed to alienate, rent, transfer for use, or relocate the goods outside of their business, pledge them, or otherwise encumber them without the written permission of ServerLama.
  3. Upon first request from ServerLama, the buyer is obliged to make the goods available to ServerLama and irrevocably authorizes ServerLama or the persons designated by ServerLama to enter the location of the goods to take possession of them.
  4. In accordance with the provisions under point 1, ServerLama grants ownership of the mentioned goods to the buyer once the buyer has fulfilled all obligations, subject to ServerLama's right of pledge for other claims that ServerLama has against the buyer. Upon first request from ServerLama, the buyer shall provide their cooperation in actions required in this context, under penalty of a fine of €453.78 for each day the buyer remains in default.
  5. Goods or parts thereof that are replaced under a repair order or warranty become or remain the property of ServerLama until complete satisfaction of all claims that ServerLama has against the buyer has occurred. 

• Complaints
  1. Complaints in general and complaints regarding invoices must be communicated to ServerLama in writing within eight days of receiving the goods or invoices, or within eight days of discovering or should have discovered any defects in the goods, accompanied by a proper description of the complaint. After this period has expired, ServerLama is considered to have fulfilled its obligations correctly, and it is assumed that the buyer acknowledges the accuracy of the goods or invoices.
  2. Complaints never entitle the buyer to withhold their payments.
  3. If a complaint is deemed valid by ServerLama, ServerLama has the right, at its discretion:

  1. To revise the invoice and modify the invoice amount accordingly.
  2. To replace the delivered goods with items of the same specifications or to repair them, with the replaced goods or parts handed over to ServerLama.
  3. To take back the delivered goods and terminate the agreement, refunding the invoice amount paid by the buyer without any obligation to provide additional compensation.

  4. In case of defects, the buyer must promptly provide ServerLama with the opportunity to rectify any issues.
  5. Any return of goods to or from the buyer is done at the buyer's expense and risk. ServerLama only accepts returned goods if it has given prior written consent for the return and only when these goods are delivered to the address provided by ServerLama in the original packaging and in the condition in which ServerLama delivered them to the buyer. The buyer must always pack and insure the items in a shockproof and, if necessary, anti-static manner when returning them.
  6. Software and new items such as memory modules, etc., with a broken seal, can never be returned.

• Warranty
  1. ServerLama guarantees the quality of the services provided by it to the best of its knowledge and ability, as well as the soundness and good quality of the goods delivered by it, provided that the warranty is not extended beyond the provisions stated below.
  2. A three-month warranty is granted on performed repairs.
  3. If the buyer has requested ServerLama to perform a repair and has not retrieved the item submitted for repair within three months from the delivery date, upon payment of the amount due for examination or repair, it is considered that the buyer has relinquished the item submitted for repair to the benefit of ServerLama. The buyer shall then indemnify ServerLama against all claims by third parties regarding this item.
  4. Errors, defects, or imperfections that are demonstrated by the buyer within the warranty period and can be attributed to ServerLama – to the extent covered by the warranty provisions in this article – will be rectified, replaced, or accepted for credit by ServerLama at its expense as soon as possible.
  5. No warranty is provided for composite products and components, nor for consumables (drums, toners, ribbons, etc.), unless expressly promised in writing.
  6. The buyer must deliver the items eligible for replacement or repair at their own expense and risk to the address provided by ServerLama.
  7. For items accompanied by a warranty certificate not provided by ServerLama, the provisions stated in these terms and conditions apply if they deviate from the ones provided in these terms and conditions.
  8. The warranty provisions cannot be invoked by the buyer in the following cases:

  1. Neglect by the buyer of the items.
  2. Modifications made to the items by the buyer or by third parties, including repairs not performed by or on behalf of ServerLama.
  3. Improper or careless use, incorrect connections, incorrect voltage, lightning strikes, damage caused by moisture or other external causes or calamities.
  4. Failure to maintain the device in the usual or as described in the user manual.
  5. Use of the device with unsuitable or incorrect accessories.
  6. Other careless treatment of the items by the buyer.

• Trademarks
  1. The factory or trade marks, as well as the type or identification numbers or symbols, affixed to the goods delivered by ServerLama must not be removed, damaged, or altered.

• Limitation of Liability
  1. Neither ServerLama nor third parties involved in the creation or execution of any agreement shall be liable for any damage arising from or related to the agreement, which the customer or any third party involved in the execution of the agreement may suffer, directly or indirectly, regardless of the cause.
  2. Without prejudice to the above, ServerLama is in no event liable:

  • For non-delivery or untimely delivery;
  • For information in brochures, catalogs, advertising materials, quotations, etc.;
  • In cases of force majeure, as referred to in article 15;
  • If the customer or a third party repairs the delivered goods, makes changes to them, uses them for purposes other than those for which they are suitable or intended, overloads the delivered goods, and otherwise uses them improperly;
  • For the property of third parties located in the business premises of ServerLama in connection with repairs, storage, or for any other reason;
  • For business and/or consequential damages, regardless of the cause;
  • For damages caused by intent or gross negligence of auxiliary persons;
  • For damages caused by supplied software;
  • For damages resulting from the loss of any data stored on magnetic information carriers;
  • For damages caused by the use of a modem connected to the telephone network, including data loss, data theft, incorrect data transmission, data corruption, or other file damage, as well as the continued open state of telephone lines.

  3. If, despite the above, ServerLama is liable for any damage in any case, ServerLama accepts liability only to the extent that such liability is covered by its insurance, up to the amount of the insurance payout.
  4. If the insurance does not make a payment in any case, ServerLama is never liable for more than the invoice amount for the relevant agreement.
  5. The customer shall indemnify ServerLama against all claims by third parties against ServerLama.
  6. The exclusions or limitations of liability included in these terms and conditions do not apply insofar as the damage is the result of intent or gross negligence on the part of ServerLama or its supervisory employees. 

• Non-Attributable Shortcomings (Force Majeure)
  1. If, after the conclusion of the agreement, ServerLama is unable to fulfill it due to circumstances that were not reasonably foreseeable at the time of concluding the agreement or could not have been known to ServerLama, such circumstances shall be considered non-attributable shortcomings (force majeure) on the part of ServerLama in relation to the customer.
  2. Circumstances as referred to under 1 include, among others, strikes, government measures, delays in supply, export bans, riots, war, natural disasters, mobilization, transport impossibilities, import restrictions, negligence of suppliers and/or manufacturers of ServerLama, as well as auxiliary personnel, illness of staff, defects in auxiliary or transport equipment, exclusions or other labor disruptions, and events that cannot reasonably be insured by ServerLama.
  3. In the event of force majeure, ServerLama has the right to suspend its obligations. ServerLama is also entitled to wholly or partially dissolve the agreement, or to demand that the content of the agreement be modified in such a way that execution remains possible. In no case is ServerLama obligated to pay any fine or damages. ServerLama retains the right to payment for work already performed and costs incurred.
  4. ServerLama is not authorized to suspend if performance is permanently impossible or the temporary impossibility lasts longer than six months. In these cases, the agreement can be dissolved by the most ready party, without the customer, however, having the right to compensation for any damages.

• Termination
  1.If the customer fails to fulfill its obligations towards ServerLama, or fails to do so in a timely or proper manner, and also in the event of the customer's bankruptcy being requested or declared, suspension of payments being requested, offering a settlement or arrangement to its creditors or a portion thereof, imposition of attachment on its assets or a portion thereof, or if the customer proceeds with the sale or liquidation of its business, or in case of the customer's death, being placed under guardianship, or if the customer otherwise loses control or management of its business, assets, or a portion thereof, the customer is automatically in default and any claims ServerLama has against the customer become immediately and entirely due and payable without any notice of default being required.
  2. In cases mentioned in point 1, ServerLama has the right, without any notice of default, to suspend further execution of the agreement or to dissolve it in whole or in part.
  3. ServerLama is at all times entitled to demand compensation for damages from the customer in such cases and to repossess the delivered goods.
  4. If the customer wishes to dissolve the agreement, the customer must first put ServerLama in default in writing and allow a reasonable period for ServerLama to fulfill its obligations or rectify any shortcomings, which the customer must describe accurately in writing.
  5. The customer has no right to fully or partially dissolve the agreement or to suspend its obligations if the customer was already in default with the fulfillment of its obligations.
  6. In the case of partial dissolution, the customer cannot claim the reversal of already performed services by ServerLama, and ServerLama retains the right to payment for the services already performed by them.

• Applicable Law and Jurisdiction
  1. Dutch law applies to all agreements.
  2. The competent court within the District of Central Netherlands, location Utrecht, shall have jurisdiction over any disputes that may arise between ServerLama and the customer, unless ServerLama prefers to submit the dispute to the competent court of the customer's place of residence, and except for disputes falling within the competence of the subdistrict court.

 

ServerLama
Address: To be provided shortly
Phone: To be provided
Email: info@serverlama.com
Chamber of Commerce (KvK): To be provided
VAT Number: To be provided