Article 1: General
1.1. These conditions apply to quotations and to all deliveries of goods and (repair) services by NGU Repair, for the benefit of its clients, hereinafter referred to as "the other party".
1.2. Special provisions deviating from the general terms and conditions of NGU retail.com are only binding if they have been agreed in writing.
1.3. NGU retail.com expressly rejects any purchase or other conditions that the buyer uses, now or for then, except in cases where NGU Retail.com explicitly accepts these in writing.
Article 2: Offers and repair (feasibility) research costs
2.1. All quotations are without obligation, unless explicitly stated otherwise.
2.2. NGU Retail.com reserves the right, even if no agreement is reached, to charge repair (feasibility) research costs to the other party that are related to being able to make an offer with regard to the services provided. NGU Retail.com will notify the other party of this in advance.
2.3. The provisions of paragraph 2.2. is in any case applicable with regard to goods for which the repair price is not included in the price list and with regard to quotations with regard to the provision of services to complete systems.
2.4. No costs will be charged if the items in question cannot be repaired by NGU retail.com.
Article 3: Agreement
3.1. The agreement for the sale of goods or delivery of services will first become binding on NGU Retail.com by its written confirmation.
3.2. Each agreement entered into with NGU retail.com contains the resolutive condition that it will prove to him that the other party has sufficient creditworthiness, this exclusively at his discretion.
3.3. Data concerning the offerings in printed matter, catalogs and images and the like provided by NGU retail.com with the offer are not binding on NGU Retail.com and are given in good faith.
3.4. NGU Retail.com is, unless explicitly objected by the other party, always entitled to be assisted by third parties in the execution of an agreement and / or to have third parties carry out these activities, without notice to the other party.
Article 4: Prices
4.1. Prices are in Dutch currency and, unless stated otherwise, excluding sales tax (VAT).
4.2. Prices are, unless otherwise agreed, including costs for shipping and transport.
4.3. Agreed prices are binding, unless due to circumstances independent of our will, as an increase in duties and / or excise duties, transport costs of the delivery address determined by the importer, official increases of importers / factory prices, changes in currency parity, measures taken by law on the area of wages, etc. and insofar as these increases were not reasonably foreseeable by NGU Retail.com, after the conclusion of the agreement, a price increase must be applied. This changed price stated by NGU Retail.com to the other party, if it is substantiated by NGU Retail.com to the other party, is binding on both parties. Price changes as a result of mandatory government measures, such as an increase in VAT, are always passed on.
4.4. Costs arising from additions and / or changes to the agreement are at the expense of the other party. More or less work can lead to a price change.
Article 5: Delivery
5.1. Delivery will, unless otherwise agreed, take place "ex works" NGU Retail.com.
5.2. Specified delivery times are approximate. The delivery times are set in the expectation that there are no impediments to delivering the goods and / or services. A small or, given the circumstances, reasonable exceeding of the delivery time cannot be invoked against NGU Retail.com. NGU Retail.com is only in default for exceeding the delivery time, after a registered written notice of default.
5.3. The delivery period starts after the agreement has been concluded. The delivery period is extended by during the period in which all items and / or data required for the execution of the agreement are not in the possession of NGU Retail.com, NGU Retail.com has its performance under these conditions and / or the law suspended, or during the time when NGU Retail.com is prevented from performing due to a non-attributable shortcoming, as stated in Article 10.5.
5.4. If the other party does not receive the goods at the agreed time of delivery, those goods will be kept available for its account and risk. In such cases, NGU Retail.com may charge storage costs to the other party in accordance with the rate applicable to NGU Retail.com.
5.5. Sending via the reply number is covered by NGU Retail.com up to a daily value of max. € 500
Shipping return for the full (demonstrable) current value.
In the event of damage or loss of the Smartphone, Tablet or Laptop, you must submit proof of purchase as well as the original proof of shipment from PostNL.
5.6. Sending via one of our Kiala points is covered by NGU retail.com up to a daily value of € 500. You must, however, provide proof that you receive when you deliver your package to one of our Kiala points.
5.7. Do you use our Free Pick-Up service? Then your package is also covered up to € 500. You must provide us with a purchase note from your Smartphone, Tablet or Laptop.
Article 6: Transfer of risk
The risk for the goods will pass to the other party, subject to Article 5.4, upon delivery.
Article 7: Retention of title
7.1. NGU Retail.com retains title to additional security for payment of the purchase price of all items sold by it until the amount owed for this, including any interest and costs, has been paid in full.
7.2. NGU Retail.com has the right to reclaim and take possession of these goods if the negligent counterparty fails to fulfill its obligations, if it liquidates, applies for or has received a moratorium on payments, is declared bankrupt or seizure of the goods laid.
7.3. All acts of disposal with regard to the goods sold and delivered, other than the right of the other party to sell the goods in question within the framework of normal business operations, are prohibited for the other party as long as it has not fulfilled its payment obligations.
7.4. Unless expressly agreed otherwise, all items that are replaced in the context of services provided for goods supplied by the other party become the property of NGU Retail.com.
Article 8: Right of retention
NGU Retail.com reserves the right to retention as security for payment of the price with regard to all goods supplied by the other party for the purpose of performing services, until the amount due for this, including any interest and costs wholly is completed.
Article 9: Payments
9.1. Unless otherwise agreed in writing, all payments must be made on delivery, without deduction of any discount, in cash.
9.2. If any payment period prescribed in the conditions or separately agreed upon is exceeded, the other party will be charged a default interest of 1.5% per month from the moment that the default arises, in addition to what he owes, without prior notice of default. , whereby a part of the month will be equated with an entire month.
9.3. The amount owed by the other party is payable immediately and without any notice of default in the event of bankruptcy pronounced on the other party, suspension of payment and under administration, death of the other party, seizure under the other party, liquidation or disposal of the other party's business and when the other party is in default with the strict fulfillment of any obligation towards NGU Retail.com
9.4. NGU Retail.com reserves the right to invoice orders, which are executed in parts, per partial delivery in accordance with agreed payment conditions.
9.5. When carrying out a delivery, NGU Retail.com will at all times be free to demand a provisional and partial payment from the other party. However, the other party is entitled to provide security for the agreed payment in the form of a bank guarantee, guarantee or otherwise.
Article 10: Liability
10.1. Apart from the liability of NGU Retail.com pursuant to mandatory legal provisions and generally applicable rules of reasonableness and fairness, NGU Retail.com is not obliged to compensate for any damage of any nature whatsoever, directly or indirectly, including business damage both at the other party and at with third parties.
10.2. The liability of NGU Retail.com for goods delivered to the other party does not go beyond the liability that the supplier of NGU Retail.com has with regard to those goods.
10.3. NGU Retail.com is not liable for damage or loss of value arising as a result of the improper use of goods supplied by NGU Retail.com and / or the use of these items in equipment that is not suitable for this and / or if the other party does not use them properly and in accordance with the instructions for use. and / or his or her personnel or work by others than the other party and / or his or her personnel working on the goods and / or changes and / or additions have therefore been made.
10.4. The Counterparty is always, with the exclusion of any liability of NGU Retail.com, except for intent or gross negligence, fully responsible for securing data in matters to which services are provided by NGU Retail.com.
10.5. This agreement is concluded subject to a non-attributable failure to perform. NGU Retail.com is not liable for a shortcoming in compliance if this shortcoming cannot be attributed to NGU Retail.com in accordance with the law, legal act or social opinion. A shortcoming in compliance can in any case not be attributed to NGU Retail.com if, among other things, there is a fire in the building or where its goods are stored, war, also outside the Netherlands, riot, epidemic, traffic disruption, work strike, exclusion, loss or damage during transport and similar other cases, which are beyond the control of NGU Retail.com, which causes a delay in delivery. In those cases where possible, the delivery time is automatically shifted for a reasonable period. In other cases, the agreement can be dissolved, in whole or in part, without judicial intervention and without being obliged to pay any compensation, by a registered letter from NGU Retail.com addressed to the other party.
10.6. If the non-attributable shortcoming occurs while the agreement has already been partially implemented, NGU retail.com is entitled to claim payment from the other party for the performances that have already been performed. NGU Retail.com also has the right to invoke a non-attributable shortcoming if the circumstance that caused the non-attributable shortcoming occurs after the performance should have been performed.
Article 11: Complaints
11.1 The Other Party is obliged to check the goods upon delivery for visible defects. Detected defects must be reported to NGU Retail.com immediately.
11.2. Complaints with regard to defects not visible on delivery will only be processed if and insofar as these have been notified to NGU Retail.com in writing within 8 days after delivery of the purchased or guaranteed goods and if NGU Retail.com has the opportunity to check all this.
11.3. Complaints about invoices must also be submitted in writing and within 8 days after the sending date of the relevant invoices.
11.4. After the deadlines specified in this article have expired, the other party is deemed to have approved the delivered goods or the invoice. In that case, complaints will no longer be processed by NGU Retail.com.
11.5. Returning of delivered goods can only take place free of charge at the company NGU Retail.com and at the risk of the other party after written permission to return the goods from NGU Retail.com. No rights of any kind can be derived from this permission by the other party.
Article 12: Warranty
12.1. With regard to goods supplied by NGU Retail.com, any guarantee provisions given by the manufacturer of these goods will apply.
12.2. With regard to the services provided with regard to goods, the guarantee periods and guarantee provisions will apply as agreed or determined at the conclusion of the agreement.
12.3. Unless specified otherwise, an applicable guarantee only relates to the replaced parts and the work performed.
12.4. After informing the other party of this, NGU Retail.com reserves the right to exclude any guarantee with regard to services provided to goods on which age can reasonably be determined by NGU Retail.com no guarantee can be provided.
Article 13: Termination
13.1. If the other party comes to any shortcoming in the fulfillment, he will already be in default for this without any notice of default being required. Without prejudice to the provisions of the Civil Code, in this case NGU Retail.com will also have the right to suspend the concluded agreement, or to regard it wholly or partly as dissolved without judicial intervention.
13.2. What is not mentioned in the previous paragraph also applies in the event of bankruptcy or suspension of payment of the other party or in the event of its company being shut down.
Article 14: Disputes
14.1. All disputes arising between the other party and NGU retail.com or between NGU Retail.com and a third party who carries out assignments for NGU Retail.com on behalf of another party with regard to the delivery of goods or the performance of services, including disputes concerning the interpretation of these terms and conditions, will in the first instance be judged according to Dutch law by the competent court, in the jurisdiction in which NGU Retail.com
Article 15: Legal and other costs
All costs that NGU Retail.com will incur for the exercise of the rights arising from purchase agreement and related agreements, both judicial and extrajudicial, by NGU Retail.com will be borne by the other party. The costs that NGU Retail.com must incur for the collection of invoices not paid by the other party amount to at least 15% of the invoice amount, with a minimum amount of € 125.