Article 1. Definitions
1.1. In these conditions the following terms are used in the following meanings, unless expressly stated otherwise or the context otherwise requires:
- Network Hardware Online: the user of these terms and conditions: Network Hardware Online located at
Laagwaalderweg 49 H in De Waal NH, the Netherlands, registered with the Chamber of Commerce under number 68439822;
- customer: the company entering into an agreement with Network Hardware Online via the website;
- agreement: the agreement between Network Hardware Online and the customer;
- product: the product that Network Hardware Online provides as part of the agreement;
- website: the website www.networkhardwareonline.com where the products of Network Hardware Online are offered.
Article 2. General
2.1. These terms and conditions apply to all agreements between the client and Network Hardware Online.
2.2. Any exceptions to these general conditions are only valid if expressly agreed in writing or electronically.
2.3. The applicability of possible purchase or other conditions of the customer is explicitly rejected.
2.4. If one or more of the provisions in these terms and conditions are invalid or might become void, the remaining provisions of these Terms and Conditions remain fully applicable. The invalid or nullified provisions will be replaced by Network Hardware Online whereby as far as possible the purpose and intent of the original provision(s) will bepreserved.
2.5. If Network Hardware Online does not always require strict compliance with these terms and conditions, this does not mean that its provisions do not apply or that Network Hardware Online would lose the right to any degree to otherwise require strict compliance with the provisions of these conditions.
2.6. In case of explanation of the content and scope of these general conditions the Dutch text will prevail.
Article 3. Offer, quotation, and prices
3.1. The offer of Network Hardware Online is noncommittal.
3.2. Network Hardware Online is not bound by its offer in case of misprints or programming errors in its e-mails or on the website.
3.3. The assortment offered on the website can be changed.
3.4. The prices listed on the website are in Euros and exclude VAT, import duties, other taxes, levies, and duties.
3.5. Network Hardware Online has the right to adjust its prices from time to time.
3.6. The customer can submit a request for proposal through the website. Request for a quotation is always noncommittal. On working days Network Hardware Online strives to respond to requests for quotations within 24 hours.
3.7. Quotations are valid for 14 days.
3.8. Any offer of Network Hardware Online applies as long as the product is in stock.
Article 4. Images
4.1. All images of the products listed on the website are only approximate and cannot lead to compensation and / or dissolution.
Article 5. Website
5.1. Network Hardware Online does not guarantee that the website will operate uninterrupted or error free or that all errors will be corrected.
5.2. Network Hardware Online is entitled to make changes to the website at any time.
6.1. When using the website the customer must behave in conformity with what can be expected from a responsible and careful Internet user.
6.2. The customer must not circumvent or crack the security applications on the website.
6.3. The customer is not allowed to use the website in a manner that would affect the computer systems of Network Hardware Online or third parties or hinder or obstruct other users of the website.
Article 7. Account
7.1. The customer can create an account on the website. Network Hardware Online will immediately send the customer a confirmation of registration via e-mail when registration of the account has been completed successfully.
7.2. The customer is at all times responsible for his account and login credentials for the website. Network Hardware Online cannot be held liable if unauthorized third parties use the client’s credentials. When unauthorized third parties use the client’s credentials, the client must inform Network Hardware Online as soon as possible.
Article 8. Realisation of the agreement
8.1. The agreement comes into effect after the customer has completed the ordering process via the website or after the customer has accepted Network Hardware Online’s quotation.
8.2. An order can only be placed through the website after the customer has clicked on agreeing to these terms and conditions.
8.3. After the agreement has been concluded Network Hardware Online will send the customer an immediate confirmation via email. In this confirmation email the order number and other information of the customer’s order are included. If the customer has not received a confirmation email, s/he should contact Network Hardware Online.
8.4. Network Hardware Online has the right not to accept a customer order. The customer will be informed accordingly as soon as possible.
Article 9. Cancellations
9.1. The customer has the right to cancel the agreement within 14 days after delivery, unless it concerns software or licenses. Software and licenses cannot be returned.
9.2. If the customer cancels the agreement, s/he must send the products back to Network Hardware Online within 14 days after delivery unused, in the original unopened packaging, and with sufficient postage stamps.
9.3. If the customer cancels the agreement timely and in compliance with Article 9.2, the price of the returned products will be reimbursed.
9.4. If the cancellation is not made on time and / or does not comply with Article 9.2, Network Hardware Online has the right to refuse the cancellation or to only partly reimburse the price.
Article 10. Customer Obligations
10.1. The customer ensures that the data that Network Hardware Online needs to implement the agreement in an adequate manner by the customer’s judgement will be available in the desired format at Network Hardware Online.
10.2. If the data supplied by the customer are incomplete and / or incorrect, this is entirely at the account and risk of the customer.
10.3. The customer is obliged to immediately inform Network Hardware Online of facts and circumstances which may be relevant in the implementation of the agreement.
10.4. The customer indemnifies Network Hardware Online for any claims of third parties who suffer a loss in relation to the execution of the agreement for which the customer is responsible.
10.5. Only the customer is responsible for the observance of all legal and other regulations applicable in the country where the customer is established in relation to owning, storing, using, transporting, and selling the products in any manner whatsoever.
10.6. The customer is obligated to only use the delivered product as per the instructions or technical specifications.
Article 11. Delivery
11.1. The order will be sent by Network Hardware Online to the address specified by the customer.
11.2. Delivery time depends on where the order is to be delivered. Delivery usually takes 2 to 5 days for orders to be delivered within the EU.
11.3. Specification of delivery time is always approximate. Exceeding the delivery time does not give the customer the right to any form of compensation.
11.4. The time of delivery starts at the time the order has been confirmed and Network Hardware Online has received all customer data necessary to implement the agreement.
11.5. In the event of delivery time agreed with the customer being exceeded as a result of an event outside Network Hardware Online’s control that cannot be attributed to Network Hardware Online, as described in Article 18 of these general conditions, this period is automatically extended by the period by which it was exceeded as a result of such an event.
11.6. Network Hardware Online has the right to deliver an order in parts.
11.7. Network Hardware Online determines the manner of packaging of the products.
11.8. The customer is responsible for all import duties, customs formalities, and taxes pertaining to the product.
Article 12. Transportation Costs
12.1. Prices listed on the website include transportation costs for deliveries within the EU based on economy service.
12.2. If the order is to be delivered outside the EU, the amount of transport costs will be given to the customer in advance whenever possible.
12.3. If the customer wants the order to be sent by priority (next day) service, that is possible on request by the customer and on payment of a surcharge stated on the website.
Article 13. Payment
13.1. Payment for the order is made by one of the payment options offered on the website.
13.2. Network Hardware Online has taken appropriate security measures to ensure safe electronic payment via the website.
Article 14. Retention of Title
14.1. All delivered and to be delivered products remain the exclusive property of Network Hardware Online until all claims that Network Hardware Online will obtain or has on the customer have been paid in full.
14.2. Until ownership of the products has been transferred to the customer the customer may not:
- pledge the products;
- grant third parties any right to the products;
- resell the products outside their normal business operations.
14.3. The customer is obliged to store the goods delivered under retention of title with necessary care. The customer must always do what can reasonably be expected of him/her to secure the property rights of Network Hardware Online. The customer is obliged to keep the delivered products insured against fire, explosion, water damage, theft, and to provide a copy of the insurance policy to Network Hardware Online on first request.
14.4. If the customer does not fully comply with his obligations towards Network Hardware Online and in case of dissolution of the agreement for whatever reason, Network Hardware Online will be entitled to withdraw the products without prior notice or judicial intervention, without prejudicing the entitlement of Network Hardware Online on full compensation. All costs Network Hardware Online has to make to withdraw the goods, including transportation and storage costs, will be at the account of the customer.
14.5. If Network Hardware Online wishes to exercise its right as defined in this article, the customer is obligated to grant access to Network Hardware Online or a third party engaged by Network Hardware Online to the premises where the products are located.
14.6. In case of seizure or bankruptcy the customer will immediately inform Network Hardware Online and a seizure laying bailiff, administrator, or trustee of the (property) rights of Network Hardware Online.
14.7. The provisions mentioned in this article do not affect other rights of Network Hardware Online.
Article 15. Advertisements and warranty
15.1. The customer is obliged to immediately check the products upon delivery. The customer must especially check:
- whether the correct products have been delivered;
- whether the correct number of products has been supplied;
- whether the products meet the quality requirements or the requirements for normal use.
15.2. Complaints regarding the delivered order must be lodged as soon as possible after delivery to Network Hardware Online.
15.3. On new delivered hardware products a warranty of 4 years is granted unless otherwise stated on the page(s) where the product is displayed on the website.
15.4. On refurbished hardware products a warranty of 4 years is granted unless otherwise stated on the page(s) where the product is displayed on the website.
15.5. On supplied software / licenses no warranty is granted. If delivered software is not functioning properly, the client must address the software vendor and not Network Hardware Online.
15.6. The warranty period starts at the time of delivery.
15.7. The invoice is the warranty certificate.
15.8. By creating a ticket via his/her account on the website, the customer can complain or invoke the afforded guarantee. On working days Network Hardware Online strives to respond to created tickets within 24 hours.
15.9. The customer is obligated to give Network Hardware Online the possibility to check the complaints regarding the order or a warranty claim. In that context Network Hardware Online may require the customer to return the order or part of the order to Network Hardware Online. The fact that Network Hardware Online proceeds to investigate a complaint or a warranty claim does not imply that Network Hardware Online recognizes that the delivered order is incorrect or that the product is defective.
15.10. If the customer demonstrates that an incorrect or incomplete order has been supplied, Network Hardware Online will correct the wrong order.
15.11. If the product shows a defect within the warranty period and the warranty claim is accepted by Network Hardware Online, Network Hardware Online will at its discretion replace or repair the product, provide a replacement part, or (partly) reimburse the price of the product. Carrying out repair or replacement of a part does not extend the warranty period. The liability of Network Hardware Online is always limited to what is contained in Article 17.
15.12. If on examining the warranty claim it appears that one of the following situations apply, the warranty claim is rejected:
- defects are the result of improper use, poor maintenance, or lack of proper cleaning of the product;
- the product has not been mounted in the correct manner;
- the product is not used in accordance with the agreed destination and in absence thereof the usual destination;
- the customer and / or third party activities have made modifications and / or repairs to the product;
- defects are the result of external circumstances such as fire, natural disasters, explosions, terrorism, cleansers, dirt accumulation, landslides, floods, weather, power outage, and lightning;
- defects are the consequence of any government regulation regarding the nature or quality of the used materials;
- the damage was caused by the user of the product or by a third party (vandalism);
- there is a slight deviation which is common and/or technically unavoidable in the market;
- the product has not been used in accordance with the instructions for use and / or the technical specifications;
- checks are not performed accurately;
- defects are the result of components and / or products which have not been provided by Network Hardware Online.
15.13. If the customer has complained unfairly or has unjustly invoked the warranty, Network Hardware Online has the right to charge for all (research) expenses it has incurred.
15.14. If the customer does not meet his/her obligations to Network Hardware Online, that relieves Network Hardware Online from its guarantee obligations.
Article 16. Suspension and termination
16.1. Network Hardware Online is entitled to suspending the implementation of the agreement immediately if after the conclusion of the agreement Network Hardware Online becomes aware of circumstances giving good ground to fear that the customer will not fulfil his/her obligations. If there is good reason to fear that the customer will only partially or improperly fulfil his/her obligations, suspension will only be allowed as far as the shortcoming justifies such action.
16.2. Network Hardware Online is entitled to dissolving the agreement if the customer does not (fully) comply with the obligations under the agreement.
16.3. Network Hardware Online is entitled to dissolving the agreement if circumstances arise of such nature that fulfilment of the contract is impossible or if standards of reasonableness and fairness can no longer be expected, or if other circumstances arise of such nature that the unaltered maintenance of the agreement cannot reasonably be expected.
16.4. Network Hardware Online is entitled to dissolving the agreement if the customer requests suspension of payment or if this is granted to the customer, or in case the customer is declared bankrupt or an application thereto has been submitted, in case the customer is unable to pay his/her debts, proceeds to the termination or liquidation of his/her business, is placed under guardianship, or when an administrator is appointed.
16.5. If Network Hardware Online proceeds to suspension or dissolution, it is in no way liable for damages and costs this may incur in any way.
16.6. When the agreement has been dissolved, Network Hardware Online’s claims on the customer are immediately collectable. If Network Hardware Online suspends fulfilment of its obligations, it will retain its claims under the law and agreement.
16.7. Network Hardware Online retains the right to claim indemnification.
Article 17. Liability and limitation
17.1. Network Hardware Online cannot be obliged to pay compensation for any damage which is a direct or indirect result of:
- an event that is beyond its control and thus cannot be attributed to its actions or lack thereof, as described in Article 18 of these general conditions;
- any act or omission of the customer, the customer’s subordinates or other persons associated with the customer.
17.2. Network Hardware Online is not liable for any damage caused by temporary or permanent unavailability of the possibility to order, lack of access or removal of its website for maintenance, or otherwise.
17.3. The colours appearing on the customer’s screen may differ from the colours of the real product. Network Hardware Online is not liable for such colour deviations.
17.4. Network Hardware Online is not liable for damages of any kind resulting from Network Hardware Online assuming false and / or incomplete information that have been provided by the customer.
17.5. Network Hardware Online is not liable for the customer’s damages because the customer does not store, process, package, or transport the products correctly.
17.6. Network Hardware Online is not liable for any damage due to misuse or improper use of the product, use of the products in violation of the instructions, incorrect or improper maintenance or cleaning of the products, or untimely or improper performing of the required checks.
17.7. Network Hardware Online is not liable for damages if the customer or third parties have made changes to the products.
17.8. Network Hardware Online is not liable for damages arising from or caused by using the delivered product for purposes other than those for which it is intended.
17.9. Network Hardware Online is not liable for damage to or loss of data due to the transmission of data using telecommunication facilities.
17.10. Network Hardware Online is never obliged to pay damage restitution due to consequential damages. As consequential damage is regarded in any case: lost sales, lost profits, lost savings, loss of production, business interruption, stagnation damage, delay damages, reputational damage, environmental damage, imposed fines, and indirect damage regardless of their origin.
17.11. If Network Hardware Online is liable for any damages, Network Hardware Online’s liability will be limited to the amount paid out by Network Hardware Online’s insurer. If the insurer does not pay out or if the damage is not covered by insurance, Network Hardware Online’s liability is limited to the amount paid by the customer for the product to which the liability relates.
17.12. The customer safeguards Network Hardware Online against claims that third parties impose on Network Hardware Online in relation to events, acts, or omissions for which Network Hardware Online is not liable in accordance with the preceding articles. The customer is required to indemnify Network Hardware Online on first request for all costs, damages, and interest that may arise for Network Hardware Online as a direct or indirect result of a third party’s claim brought against it as referred to in this paragraph.
17.13. Claims and other powers the customer might have against Network Hardware Online for whatever reason lapse in any event after the expiration of one year from the moment an event occurs that the customer can exercise those claims and / or powers towards Network Hardware Online.
17.14. If the customer does not (timely) or properly fulfil his/her contractual obligations or obligations by law towards Network Hardware Online, the customer must reimburse all damages Network Hardware Online suffers or has suffered as a result thereof.
Article 18. Force majeure
18.1. Network Hardware Online is not obliged to fulfil any obligation if it is prevented from doing so due to force majeure. Force majeure means in any case: weather; theft; power and internet outage; floods, landslides and other natural disasters; terrorism; impediments by third parties, including those of governments; impediments of transportation; strikes; riots, wars, or war threats; unavailability of one or more employees; loss of or damage to goods during their transport; late or nonexistent supply of products to Network Hardware Online by its suppliers; import and export restrictions; fires, breakdowns, and accidents within Network Hardware Online or its suppliers; the burning of means of transportation of Network Hardware Online, its supplier, or an employed transportation company, the occurrence of faults thereof, involvement in accidents; measures of any domestic, foreign, or international government.
18.2. Force majeure is also defined as a unaccountable shortcoming of suppliers of Network Hardware Online.
18.3. In case of force majeure Network Hardware Online cannot be expected to reimburse any damages as a direct or indirect result thereof and will be absolved of its obligation to deliver for the time being. It will depend on the circumstances of the case whether this will be whole, partial, temporary, permanent, or whether there will only be a suspension of delivery. In case of an opportunity to deliver still Network Hardware Online and the customer will be held responsible for seizing this opportunity eventually under modification of the amount to be paid by the customer.
Article 19. Intellectual property rights
19.1. The customer must at all times respect the intellectual property rights on the products and software.
19.2. The intellectual property rights on the software rest with the appropriate software vendor and not with Network Hardware Online. The customer has been granted a license issued according to the terms and conditions of use / license conditions of the software. The intellectual property rights of the software are never transferred to the customer.
Article 20. Governing Law and Jurisdiction
20.1. Any agreement between Network Hardware Online and the customer is governed by the Dutch law. Applicability of the UN Convention for the International Sale of Goods (or CISG) is excluded.
20.2. All disputes related to agreements between the client and Network Hardware Online will be submitted to the competent court in the district where Network Hardware Online is established.