General Terms and Conditions NovaCustom B.V.
Article 1. Definitions
1. NovaCustom B.V. is a private company with limited liability whose object is the sale of products, in particular (portable) computers and related accessories.
2. In these terms and conditions, the term “Customer” shall mean the natural or legal person, whether or not acting in the course of his profession or business, who uses the services of NovaCustom B.V.
3. In these terms and conditions, the term “Agreement” shall mean the legal relationship between NovaCustom B.V. and the Customer, in the broadest sense.
4. In these General Terms and Conditions, the term “Services” shall be defined as all products and services provided to the Customer by NovaCustom B.V. and/or third parties engaged by NovaCustom B.V., as well as all other work, of whatever nature, performed by NovaCustom B.V. on behalf of the Customer as part of an order, including work not expressly requested by the Customer.
5. In these General terms and conditions ‘Website’ is understood to mean: the Website https://novacustom.com.
Article 2. Applicability of the General terms and conditions
1. The General terms and conditions shall apply to all Agreements between Customer and NovaCustom B.V. under which NovaCustom B.V. provides services or supplies products.
2. Variations from the General terms and conditions shall only be valid if expressly agreed in writing by NovaCustom B.V..
3. The applicability of any terms and conditions of purchase or other terms and conditions of the Customer are expressly rejected unless expressly agreed otherwise in writing.
4. The General Terms and Conditions are also applicable to additional or amended orders of the Customer.
Article 3. The Agreement
1. All offers on the Website are entirely without obligation, unless explicitly indicated otherwise.
2. The Customer can contact NovaCustom B.V. via the Website, email or telephone for any of the Services offered. NovaCustom B.V. will consult with the Customer regarding his expectations and may subsequently make an offer that will be sent by letter or by email. The Agreement will only come into effect when the quotation is signed or an order is confirmed.
3. Customer can also place orders on the Website. The Agreement is then concluded by placing an order.
4. If NovaCustom B.V. sends a confirmation to the Customer, it is decisive for the content and explanation of the Agreement, with reservation of obvious typing mistakes. NovaCustom B.V. cannot be held to its offer if the Customer can reasonably understand that the offer, or a part thereof, contains an obvious mistake or error.
5. Should Customer make notes or give reactions to the quotation of NovaCustom B.V., then they do not form part of the Agreement, unless NovaCustom B.V. confirms them in writing.
6. An order by Customer that is not preceded by a written quotation requires the written acceptance of NovaCustom B.V..
Article 4. Execution of the Agreement
1. NovaCustom B.V. shall endeavour to perform the Services to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship, as well as, as much as possible, in accordance with the agreements made in writing.
2. NovaCustom B.V. has the right to have certain work carried out by third parties.
3. When hiring third parties, NovaCustom B.V. shall take the necessary care and consult with Customer in the selection of these third parties, as much as is reasonably possible and customary in the relationship to Customer. The costs of hiring third parties shall be borne by Customer and shall be charged on by NovaCustom B.V. to Customer.
4. The Customer shall ensure that all data, which NovaCustom B.V. indicates to be necessary or which the Customer should reasonably understand to be necessary for the execution of the Agreement, shall be provided on time to NovaCustom B.V.. Should the information required for the execution of the Agreement not be provided in time to NovaCustom B.V., NovaCustom B.V. has the right to suspend the execution of the Agreement and/or to charge the Customer for the additional costs resulting from the delay in accordance with the usual rates.
5. The Customer shall ensure that NovaCustom B.V. can provide its Services in a timely and proper manner. Should Customer fail to comply with its obligations in this respect, it shall be obliged to compensate NovaCustom B.V. for any damage arising as a result.
6. If a term has been agreed upon or indicated for the execution of Services, then this is never a fatal term. In the event that a term is exceeded, the Customer must declare NovaCustom B.V. in default in writing. NovaCustom B.V. must be offered a reasonable period in which to still execute the Agreement.
Article 5. Amendment of the Agreement
1. Should it become apparent during the execution of the Agreement that it is necessary to amend or supplement it for the proper performance of the Agreement, NovaCustom B.V. and Customer will proceed to amend the Agreement in good time and in mutual consultation.
2. If the Agreement is amended, including an addition, there is a question of an additional assignment. A separate agreement on the remuneration will be made beforehand concerning this additional order. Without an additional assignment, the original conditions will apply, whereby the additional Services will be paid for at the customary rate.
3. Failure or delay in fulfilling the amended Agreement shall not constitute a default by NovaCustom B.V. and shall not be a ground for the Customer to terminate or dissolve the Agreement.
4. Changes to the original Agreement between NovaCustom B.V. and Customer are only valid from the moment that these changes are accepted by both parties by means of an additional or amended Agreement. This amendment shall be in writing.
Article 6. Suspension, dissolution and termination of the Agreement
1. NovaCustom B.V. is entitled to suspend the fulfillment of the obligations or to dissolve the Agreement, if the Customer does not, not completely or not timely fulfill the obligations arising from the Agreement, or if NovaCustom B.V. has good reason to fear that the Customer will not fulfill his obligations.
2. Furthermore, NovaCustom B.V. is entitled to dissolve the Agreement if circumstances arise, which are of such nature that compliance with the Agreement is impossible or that the unaltered maintenance of the Agreement cannot reasonably be required.
3. If the Customer does not comply with his obligations under the Agreement and this non-compliance justifies termination, NovaCustom B.V. has the right to terminate the Agreement immediately and with immediate effect without any obligation on its part to pay any compensation or indemnification, while the Customer is obliged to pay compensation or indemnification on grounds of breach of contract.
Article 7. Cancellation
1. Cancellation of the Agreement after the offer has been signed is not possible, with the exception of paragraph 2 of this article.
2. Cancellation of the Agreement is possible up to 14 days after the offer has been signed, if the Agreement has been concluded at a distance and the Customer is a natural person who is not acting in the performance of his profession or business.
3. Cancellation can no longer take place if an e-mail has been sent, stating that the Product has been shipped, whereby the time of receipt of this message by Customer is leading.
Article 8. Costs, remuneration and payment
1. All amounts mentioned in the offer or on the website are in euros and does not include VAT, unless stated otherwise.
2. NovaCustom B.V. has the right to correct obvious errors in the quotation.
3. Payment is made via bank transfer. NovaCustom B.V. also makes use of Mollie as a payment service provider. Data can be shared between NovaCustom B.V. and Mollie B.V. within that framework.
4. NovaCustom B.V. does not charge shipping costs for orders within the Netherlands and Belgium.
5. All invoices must be paid with observance of a payment term of 14 days, unless another term has been agreed upon.
6. The Customer has the duty to report any inaccuracies in the payment details provided to NovaCustom B.V. without delay.
7. Should the Customer fail to pay an invoice on time, then the Customer is legally in default without any further notice of default being required. In that case, the Customer shall owe the statutory interest. The interest on the amount due and payable shall be calculated from the moment the Customer is in default until the moment of payment of the full amount due.
8. If NovaCustom B.V. decides to collect a claim for non-payment of one or more unpaid invoices through judicial means, Customer will be obliged, in addition to the principal sum due and the interest mentioned in paragraph 7 of this article, to reimburse all judicial and extrajudicial costs reasonably incurred. The compensation for judicial and extrajudicial costs incurred shall be determined in accordance with the then applicable regulations governing compensation for extrajudicial collection costs.
Article 9. Dispatch and delivery
1. If an order is lost or received damaged, a suitable solution will be sought in joint consultation.
2. NovaCustom B.V. determines the manner of transport and packaging. NovaCustom B.V. may choose to deliver the Products personally, but may also choose to deliver via UPS or any other postal service.
3. The delivery time of NovaCustom B.V. depends on the order and is indicated both before and after placing the order. NovaCustom B.V. always strives for a speedy delivery.
4. If the Products are available to the Customer after the expiry of the delivery term but are not taken by the Customer, the Services shall be stored at the Customer’s disposal at the Customer’s risk and expense regardless of the reason for non-acceptance.
Article 10. Return
1. Products can be returned if the Customer is a natural person not acting in the exercise of his profession or business, within fourteen (14) days after receipt, without giving any reason. The entire amount paid by Customer including shipping costs will be refunded within fourteen (14) days after receipt of the Product.
2. Customer is obliged during these fourteen (14) days to handle the received Product with care; the Product is not contaminated or damaged. If Customer decides to return the Products, and it is not necessary to remove the packaging, NovaCustom B.V. requests not to do so.
3. Customer can return the Product through a self chosen postal company. The costs of returning the Product are for the account of Customer.
4. If Customer wishes to return an order, Customer can send an email to email@example.com. The Customer is also free to make NovaCustom B.V. aware in any other unambiguous way of dissolving the distance contract.
5. Products that are custom made are excluded from return. After all, customised products are made on the basis of the Customer’s specific constructions and are therefore intended for a specific person.
Article 11. Liability
1. The Customer is responsible for providing correct and representative data and information required for the execution of the Agreement. NovaCustom B.V. is not liable for damages, amongst others based on an incorrect order, if the Customer has provided incorrect, unrepresentative or irrelevant data.
2. Although NovaCustom B.V. will always try to comply with the term of delivery, NovaCustom B.V. is never liable for the consequences of exceeding the term of delivery mentioned on the website, in the confirmation email or elsewhere. Exceeding the term does not give the Customer the right to cancel the Products or to refuse the receipt or payment of the Products, nor is NovaCustom B.V. liable to pay any compensation to the Customer.
3. NovaCustom B.V. is not liable for errors or omissions of third parties engaged by NovaCustom B.V.
4. NovaCustom B.V. is not liable for any errors on the website.
5. NovaCustom B.V. is not liable for not fulfilling or not fulfilling on time the obligations, arising from the Agreement, in case this is caused by force majeure as intended in article 12.
6. If NovaCustom B.V. is held liable, it will only be liable for direct damages actually incurred, paid or suffered by the Customer due to a demonstrable shortcoming in the obligations of NovaCustom B.V. with regard to its Services. NovaCustom B.V. is not liable for indirect damages, including but not limited to consequential damages.
7. The liability of NovaCustom B.V. is limited to the amount covered and paid by the insurer. If the insurer does not proceed to pay, or if NovaCustom B.V. is not insured, the liability is limited to the amount paid by Customer.
Article 12. Force Majeure
1. Force majeure is understood to mean all external causes, beyond the control or action of NovaCustom B.V., as a result of which timely, complete or correct compliance with the Agreement is no longer possible.
2. Force majeure as referred to in the previous paragraph includes, but is not limited to: non-performance by a third party, illness of the staff of NovaCustom B.V. itself or a third party, abnormal weather conditions, disruptions in the supply of water and energy, strikes, serious disruptions in the systems of NovaCustom B.V., fire, floods, natural disasters, riots, war or other domestic disturbances.
3. In the event of force majeure, performance of the Contract shall be suspended for the duration of the force majeure.
4. If the force majeure lasts longer than one month, both parties are entitled to dissolve the contract without judicial intervention. In such a case, NovaCustom B.V. will proceed to repayment of any amounts paid, with deduction of all costs incurred by NovaCustom B.V. with respect to the Agreement.
Article 13. Warranty
1. NovaCustom B.V. provides a warranty for the Products it supplies against defects in material and workmanship. The warranty implies that NovaCustom B.V. will repair the defects to the best of its ability and, if necessary, replace them. Defects should be reported in writing to NovaCustom B.V..
2. The warranty does not apply if the defects are wholly or partially the result of improper, inexpert, negligent use, use for purposes other than normal or external causes, including but not limited to fire or water damage.
3. The warranty is also not applicable if the Products have been modified or are maintained by third parties.
4. The warranty period shall be 2 years from the time of delivery, unless otherwise agreed.
5. If NovaCustom B.V. performs repairs that fall outside the framework stated in this article, these will be charged to the Customer.
6. Excluded from warranty is damage of any kind, in particular damage caused by falling, liquid damage and optical damage.
7. Warranty on dead pixels in monitors is followed by the ISO 13406-2 standard, class 2 (https://www.iso.org). This means, among other things, that a maximum of two pixels per one million may not function properly. If a separate dead pixel warranty has been taken out, class 1 applies for the period of 2 years after delivery. In principle, this means that there must not be a single dead pixel on the entire screen.
8. The warranty period for a laptop battery is 12 months. This is due to the nature of the product. The batteries that we supply with our laptops have Li-ion cells which wear out with use. Consequently, a reduction in battery capacity or a shortened battery life is not a material or manufacturing defect and the standard warranty does not cover changes in battery capacity or life.
9. Overclocking is considered to be improper use.
10. If a user performs a firmware update on his own, this is always done at his own risk – damage caused by an incorrect firmware update is excluded from warranty.
11. Software that is not supplied by NovaCustom B.V. is also excluded from warranty. Therefore, should a malfunction occur in software – not supplied by NovaCustom B.V. – then this is also excluded from warranty.
Article 14. Complaints
1. Customer is obliged to inspect the delivered Product, or have it inspected, at the moment of delivery, at least within the shortest possible time. In doing so, Customer shall examine whether the quality and quantity of the Product delivered corresponds to the provisions of the Agreement.
2. Errors or inaccuracies that can be detected during a first inspection, taking into consideration the requirements of reasonableness and fairness, must be reported in writing to NovaCustom B.V. within fourteen (14) working days after receipt of the Products, with presentation of the proof of purchase, unless this is impossible or unreasonably burdensome.
3. Other complaints, including complaints that could not be detected during an initial inspection, must be reported in writing to NovaCustom B.V. within one (1) month at the latest in accordance with the provisions of paragraph 2 of this article.
Article 15. Confidentiality of data
1. Each of the Parties warrants that all of the information received from the other Party that is known to be or should be known to be confidential in nature shall remain secret. The Party receiving the confidential information shall only use it for the purpose for which it has been provided. In any case, data is considered confidential if it is designated as such by one of the parties. NovaCustom B.V. cannot be held to this obligation if the disclosure of information to a third party is necessary as a result of a court ruling, a legal requirement or for the proper execution of the agreement.
2. NovaCustom B.V. ensures that all processing of personal data of the Client is in accordance with the General Data Protection Regulation. This means, amongst other things, that NovaCustom B.V. only collects personal data on the basis of one of the permitted legal grounds and that the Customer can, at all times, submit a request to NovaCustom B.V. to remove its personal data.
Article 16. Complaints procedure
1. Should a Customer have a complaint, the Customer must send it in writing to NovaCustom B.V..
Article 17. Identity of NovaCustom B.V.
1. NovaCustom B.V. is registered with the KvK under number 70810958 and carries the VAT identification number NL858468840B01. NovaCustom B.V. is established at Harmoleweg 4 (7482 PL) in Haaksbergen, Netherlands.
2. NovaCustom B.V. can be reached by e-mail at firstname.lastname@example.org or via the website https://novacustom.com and by telephone at +31850603123.
Article 18. Applicable law and competent judge
1. The legal relationship between NovaCustom B.V. and its Customer is governed by Dutch law.
2. All disputes that may arise between NovaCustom B.V. and Customer shall be adjudicated by the competent judge of the district Overijssel or by the competent judge of the district of residence of Customer.