Allgemeine Bedingungen

General- and supply Terms and Conditions of Kemp Elektroniks

1. Applicability 
1.1 These Terms and Conditions apply to all offers made by Kemp Elektroniks and to all agreements concluded with Kemp Elektroniks.
1.2 In addition to these Terms and Conditions, additional Conditions may apply to certain services and / or products if expressly indicated.
1.3 Deviation from any provision contained in these Terms and Conditions shall only be possible if this is expressly agreed upon in writing, in which case the remaining provisions of these Terms and Conditions shall remain valid.
1.4 If the Buyer reverts to his terms and conditions, Kemp Elektroniks shall consider them invalid, unless Kemp Elektroniks has expressly agreed in writing.
1.5 „Buyer“ implies any visitor to the website or online store, or any natural person or legal entity that has entered – or intends to enter – into a contractual relationship of any kind whatsoever with Kemp Elektroniks.
1.6 Kemp Elektroniks reserves the right to amend these Terms and Conditions without prior notice in order to bring them in line with Dutch legal standards.
1.7 By using the website or online store of Kemp Elektroniks, and / or by placing an order, the Buyer accepts these Terms and Conditions and all related rights and obligations as listed on the website.

2. Quotes and establishment of agreements 
2.1 Quotes are valid for a period of 30 days or while stocks last.
2.2 A personalized quote is valid for a period of 30 days, unless a different period is stipulated in the quote.
2.3 A contract is established as soon as an order confirmation has been sent to the Buyer by email to the email address supplied by the Buyer.
2.4 The Buyer and Kemp Elektroniks expressly agree that the use of electronic communication constitutes a valid contract once the conditions contained in articles 2.1 and 2.3 have been met. In particular, even the absence of a customary signature shall not affect the legal validity of the quote and its acceptance. Electronic files in the possession of Kemp Elektroniks shall, insofar as is legally permissible, apply as circumstantial evidence.
2.5 Information, images, statements of applicability and verbal, telephonic or email communication related to all items and main product characteristics have been provided or (re)produced as accurately as possible. However, Kemp Elektroniks cannot guarantee that all products and offers will fully comply with the information or specifications provided. As a rule, deviations can never lead to compensation and / or dissolution.

3. Prices 
3.1 All prices are expressed in Euros, in accordance with relevant legal regulations, and include VAT at a rate of 21%.
3.2 Special offers are only valid for the time period indicated in the offer.
3.3 In accordance with article 2 of these conditions, the Buyer owes the amount communicated by Kemp Elektroniks in its confirmation. Evident (sleight-of-hand) errors in the quote, such as obvious faults, may be corrected by Kemp Elektroniks even after establishment of the agreement.
3.4 Delivery charges are not included in the price.

4. Payment
4.1 When ordering via the website or our online store, the only possible payment method is advance payment. Payments must include our order number as reference and can be transferred to account number, ABN-AMRO Amsterdam, in the name of Kemp Elektroniks. Upon receipt of payment, orders are processed and goods are dispatched.
Kemp Elektroniks may expand payment options in the future. Other payment options will be posted on the website or announced by Kemp Elektroniks by means of a written notice.
4.2 If other payment terms are agreed upon with Kemp Elektroniks, the Buyer shall only be in default once the time period in question has expired.
Terms of payment can only be agreed upon in writing and are subject to conditions to be determined and agreed upon at the time.
4.3 If the Buyer defaults or fails to pay in a timely manner, additional costs shall always be borne by the Buyer.
4.4 All (extra) judicial costs of any kind, incurred by Kemp Elektroniks as a result of a breach by the Buyer of its (payment) obligations, shall be for the account of the Buyer.
4.5 In case of late payment, Kemp Elektroniks reserves the right to terminate the agreement with immediate effect, or to suspend (further) supply until the Buyer has observed its commitments in full, including  interest payable and additional costs.

5. Supply and delivery time. 
5.1 Orders are delivered as quickly as possible. As a rule, Kemp Elektroniks aims to dispatch orders within 3 working days. Delivery times mentioned are an indication only and shall never apply as deadlines. Kemp Elektroniks may supply further written information related to the mentioned delivery times by means of the website or a different method. Such information shall only be of an indicative nature. The maximum delivery period will be 30 days unless otherwise agreed. If delivery is not feasible within that period, the Buyer will be informed. In such a case, the Buyer will be entitled to terminate the agreement. Any amount paid will be credited as soon as possible, though within 3 days in all cases.
5.2 If the Buyer orders a product that is temporarily out of stock, the Buyer will be informed by email when the product is back in stock. The Buyer will receive notifications about delays by email.
5.3 Deliveries will be dispatched to the address supplied by the Buyer in completing the order.
5.4 Any risk related to forfeit of – or damage to – the product referred to in the agreement shall be transferred to the Buyer once the product is legally and/or in effect delivered to the Buyer, and/or is delivered to a third party nominated by the Buyer.
5.5 Other conditions may apply to deliveries beyond Dutch borders.
5.6 The use of postal services shall be at the risk of the Buyer.

6. Exchange and return 
6.1 The Buyer must thoroughly inspect the products, or have them inspected, immediately after receipt. According to agreements established with consumers, during which exclusive use is made of electronic communication, consumers may exercise the right to return goods within 14 days of delivery without being penalized and without provision of reason. Costs related to the return of the product(s) shall be for the account of the Buyer. This excludes goods that:
– have been produced according to Buyer specifications;
– are clearly personal in nature;
– cannot be returned as a result of their nature.
6.2 If the consumer exercises his right to return a product as mentioned in the preceding paragraph, Kemp Elektroniks will ensure that any money paid is refunded within 3 days.

7. Retention of title
7.1 Property rights shall only be transferred to the Buyer once payment has been made in full.

8. Warranty and liability
8.1 Kemp Elektroniks shall ensure that the supplies comply with customary requirements and standards to which they may be subjected at the time of delivery, and are free of any defects whatsoever.
8.2 The purchase receipt shall act as proof regarding the warranty.
8.3 Kemp Elektroniks shall never be obligated to pay any compensation to the Buyer or to another party, unless intent or gross negligence emerges on the part of Kemp Elektroniks. Kemp Elektroniks shall never be held liable for consequential or commercial losses, indirect losses, or loss of trade.
8.4 If, for whatever reason, Kemp Elektroniks is required to compensate any loss suffered, the amount payable shall never exceed an amount equal to the invoice value corresponding to the product or service that caused the loss.
8.5 Without prejudicing that which is stated in this article, the warranty shall not apply if a defect proves to be the result of normal wear, or if:
– any modifications have been carried out on or inside the product, including repairs not authorized by Kemp Elektroniks or the manufacturer;
– if the original invoice cannot be produced, if it has been modified, or if it has been rendered illegible;
– if defects are the result of unintended or improper use;
– if damage has been caused by intent, gross negligence or neglect.
8.6 The Buyer is obligated to indemnify Kemp Elektroniks from any claims by third parties that may arise as a result of its agreement with Kemp Elektroniks, insofar as the law does not preclude that resulting losses and costs must be for the account of the Buyer.
The Buyer is obligated to return the faulty product to Kemp Elektroniks to ensure a thorough assessment and the settlement of warranty claims. If a complaint is found to be legitimate, Kemp Elektroniks shall be obligated to provide an equivalent product unless otherwise agreed.
8.7 In addition to these warranty provisions, statutory warranty provisions apply. Any warranty arrangement offered by the company shall not affect the rights of the consumer in relation to the company in terms of the law and the remote agreement.
Any warranty granted by the manufacturer or importer shall not affect the rights of the consumer. This warranty grants the Buyer specific legal rights. Additional rights may also apply.

9. Force Majeure 
9.1 In case of force majeure, Kemp Elektroniks cannot be bound to its obligations to the Buyer, and such obligations shall be suspended for the duration of the force majeure.
9.2 Force majeure implies any circumstance beyond the control of Kemp Elektroniks that fully or partially hinders it in meeting its obligations to the Buyer. Such circumstances include, but are not limited to, strike action, fire, commercial interruptions, power failures, failure to deliver or late delivery by suppliers or other third parties involved. Force majeure can also imply interruptions in (telecommunication) network connections or communication systems used, and/or the unavailability at any time of the website and/or the online store.

10. Intellectual property 
10.1 The Buyer expressly acknowledges that the intellectual property rights of all information displayed, communication or other expressions related to products and / or the website and online store belong exclusively to Kemp Elektroniks, its suppliers or other copyright holders.

11. Personal data
11.1 Kemp Elektroniks will only use personal data related to the Buyer to ensure the smooth processing of orders. Under no circumstances will data be distributed or sold to third parties.

12. Applicable law and competent court. 
12.1 Dutch legislation and the Dutch legal system govern all offers and agreements.

13. Links
13.1 The Kemp Elektroniks website may display third-party commercials or links to other sites. Kemp Elektroniks does not have any influence on the privacy policies and content of these third-party sites and cannot be held responsible.

14. Your rights 
14.1 You have the right to know what personal data Kemp Elektroniks has on record. Please request such data by email. You can also email Kemp Elektroniks to suggest improvements, additions or corrections, which Kemp Elektroniks will process as soon as possible. If you would no longer like to receive information by email, please inform Kemp Elektroniks. You will only receive information if you have supplied us with your email address.