These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our Website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.
"data2site" is a trade name of data2.eu.
Article 1. Definitions
1.1. Coöperatie data2.eu U.A.: based in Lent, Netherlands and registered with the Chamber of Commerce under file number 71624163, trading as data2site.
1.2. Website: the Website of data2site, to be found on data2site.com and all of its subdomains.
1.3. Customer: the natural person or corporation who enters into an agreement with data2site and/or is registered on the Website.
1.4. Agreement: any arrangement or agreement between data2site and the customer of which the General Terms and Conditions are an integral part.
1.5. General Terms and Conditions: these General Terms and Conditions.
Article 2. Applicability of the General Terms and Conditions
2.1. The General Terms and Conditions apply to all offers, agreements and deliveries of data2site, unless explicitly agreed otherwise in writing.
2.2. If the customer in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not included in the General Terms and Conditions, such provisions will only be binding upon data2site if and in so far as data2site has accepted them in writing.
2.3. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the customer can always invoke the applicable condition that is most favorable to them in the event of incompatible general terms and conditions.
Article 3. Prices and information
3.1. All prices posted on the Website and in other materials originating from data2site include taxes and other levies imposed by the government, unless stated otherwise on the website.
3.2. There are no separate shipping costs.
3.3. The content of the Website is composed with the greatest care. data2site cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from data2site are subject to obvious programming and typing errors.
3.4. data2site cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.
Article 4. Conclusion of the Agreement
4.1. The Agreement will be deemed to be concluded at the moment the customer accepts the offer of data2site subject to the conditions laid down by data2site.
4.2. If the customer has accepted the offer by electronic means, data2site will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, the customer will have the possibility to terminate the Agreement.
4.3. If it is found that, in accepting or otherwise entering into the Agreement, the customer has provided incorrect data, data2site will have the right to postpone the Agreement until the correct data is received.
Article 5. Registration
5.1. To make optimal use of the Website, the customer can register using the registration form/the account sign-in option on the Website.
5.2. During the registration process, the customer will be asked to choose a username and password with which they can log on to the Website. The customer alone is responsible for choosing a sufficiently reliable password.
5.3. The customer must keep its login credentials, username and password strictly confidential. data2site cannot be held liable for any misuse of the login credentials and is always entitled to assume that the customer who logs on to the Website is the party that it professes to be. The customer is responsible for and bears the full risk of any and all actions and transactions performed via the customer's account.
5.4. If the customer knows or has reason to suspect that its login details have become available to unauthorised parties, it will be required to change its password as soon as possible and/or to notify data2site accordingly so as to allow data2site to take appropriate measures.
Article 6. Execution of the Agreement
6.1. As soon as data2site has received the order, it will send the products to the customer without delay and with due regard for the provisions of paragraph 3 of this article.
6.2. data2site is authorised to engage third parties in the fulfilment of its obligations under the Agreement.
6.3. Well ahead of the date on which the Agreement is signed, information will be posted on the Website which clearly describes the manner in which and the term within which the products will be delivered. If no delivery term has been agreed or stated, the products will be delivered within 30 days at the latest.
6.4. If data2site is unable to deliver the products within the agreed term, it will notify the customer accordingly. In that case the customer can decide either to agree to a new delivery date or to terminate the Agreement without incurring any costs.
6.5. data2site advises the customer to inspect the products upon delivery and to report any defects within an appropriate period, preferably in writing or by email. For further details, see the article about guarantee and conformity.
6.6. The risks associated with the products will transfer to the customer as soon as the products are delivered at the agreed delivery address.
6.7. If the ordered product can no longer be supplied, data2site is entitled to deliver a product which is comparable in nature and quality to the ordered product.
Article 7. Right of withdrawal/return
7.1. This article only applies if the customer is a natural person who is not acting in his or her professional or commercial capacity. Business customers therefore have no right of withdrawal.
7.2. The customer will have the right to dissolve the distance Agreement with data2site within 14 days after receiving the product, free of charge and without stating reasons.
7.3. The term commences on the day after the product was received by the customer, or a third party designated by the customer, who is not the transporting party, or:
- if the delivery of a product involves different deliveries or parts: the day on which the customer, or a third party designated by the customer, received the last delivery or the last part;
- with contracts for the regular delivery of products during a given period: the day on which the customer, or a third party designated by the customer, received the last product;
- if the customer has ordered several products: the day on which the customer, or a third party designated by the customer, received the last product.
7.4. Only the direct costs incurred for the return shipment are for the customer’s account. This means that the customer will have to pay the costs of returning the product. Any shipping costs paid by the customer and the purchase price paid for the product will be refunded to the customer if the entire order is returned.
7.5. During the withdrawal period referred to in paragraph 1, the customer will treat the product and its packaging with the utmost care. The customer may not open the packaging or use the product unless this is necessary in order to determine the nature of the products, their features and their operation.
7.6. The customer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted.
7.7. The customer can terminate the Agreement in accordance with paragraph 1 of this article by reporting the withdrawal (digital or in other form) to data2site, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way. If data2site makes it possible for the customer to declare his withdrawal via electronic/digital means, then after receiving such a declaration, data2site sends immediate confirmation of receipt.
7.8. As quickly as possible, but no later than 14 days after the day of reporting as referred to in paragraph 1, the customer shall return the product, or hand it over to (a representative of) data2site. The customer can send the product directly to data2site without a notice of withdrawal in advance within the period as mentioned in paragraph 1. The customer must, in this case, include a written notice of withdrawal, such as the model form.
Products can be returned to the following address:
7.9. Any amounts already paid by the customer (in advance) will be refunded to the customer as soon as possible, and in any case within 14 days after dissolution of the Agreement. If the customer chose an expensive method of delivery in preference to the cheapest standard delivery, data2site does not have to refund the additional costs of the more expensive method. Except in cases in which data2site has offered to retrieve the product themself, they can postpone refunding until they have received the product or until the customer proves they have returned the product, depending on which occurs earlier.
7.10. Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the Website, well before the Agreement is concluded.
Article 8. Right of withdrawal for business customers
8.1. The previous article on the right of withdrawal shall correspondingly apply to business orders, except that:
- A business customer must dissolve the Agreement with data2site within 14 days after receipt of the product.
- after receipt of the return by data2site, only the purchase price will be refunded to the business customer. The customer is responsible for returning the products and bears the costs in respect thereof.
- as soon as possible, but in any event within 30 days after dissolution of the Agreement and receipt of returns by data2site, any (advance) payments made by the business customer will be refunded.
Article 9. Payment
9.1. The customer shall pay the amounts due to data2site in accordance with the ordering procedure and any payment methods indicated on the Website. data2site is free to offer any payment method of its choice and may change these methods at any time. In cases of payment after delivery the customer will be given a term of payment of 14 days entering on the day after delivery.
9.2. If the customer does not complete his payment obligation, they will be indebted the legal interest over the belated payment. data2site needs to remind the customer of the belated payment and data2site has to give the customer a term of 14 days to complete the payment obligation. After failing this 14 days term data2site is allowed to recover any extrajudicial debt collection costs on the customer. These debt collection costs are not higher than: 15% of the open payment with a maximum of € 2.500,-; 10% of the next € 2.500,- and 5% over the next € 5.000,- with a minimum of € 40,-. data2site is allowed to deviate from the named amounts and percentages in the advantages of the customer.
Article 10. Warranty and conformity
10.1. This article only applies if the customer is a natural person who is not acting in his or her professional or commercial capacity. If data2site gives a separate warranty on the products then, without prejudice to the aforesaid, this applies to all types of the customers.
10.2. data2site guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, data2site also guarantees that the product is suitable for other than normal use.
10.3. If the delivered product is not in conformity with the Agreement, the customer must inform data2site within a reasonable period of time after they have discovered the defect.
10.4. If data2site deems the complaint to be correct, the faulty product(s) will be repaired, replaced or refunded in consultation with the customer. The maximum amount of compensation is, having regard to the Article on liability, equal to the price paid by the customer for the product.
Artikel 11. Warranty on business purchases
11.1. data2site guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, data2site also guarantees that the product is suitable for other than normal use. Otherwise, it applies that the product is suitable for normal use.
11.2. If the delivered product is not in conformity with the Agreement, the customer must inform data2site within a maximum period of 7 days after delivery. Should the customer fail to do so, then the business customer is no longer entitled to have the product repaired, replaced or (partially) refunded.
11.3. If data2site deems the complaint to be correct, the faulty product(s) will be repaired, replaced or (partially) refunded in consultation with the customer.
Article 12. Complaints handling procedure
12.1. If the customer has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of data2site’s service, it can submit a complaint by telephone, by email or by post. See the contact details at the bottom of the General Terms and Conditions.
12.2. data2site will respond to the complaint as soon as possible, and in any case within 7 days after having received it. If it is not yet possible for data2site to formulate a substantive reaction to the complaint by that time, data2site will confirm receipt of the complaint within 7 days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to the customer's complaint.
12.3. If the customer is a natural person who is not acting in his or her professional or commercial capacity, it can file a complaint through the European Online Dispute Resolution platform, available at: http://ec.europa.eu/odr/.
Article 13. Liability
13.1. This Article only applies if the customer is a natural person or a legal entity who is acting in a professional or commercial capacity.
13.2. The total liability of data2site in respect of the customer due to an attributable failure to perform the Agreement is limited to compensation not exceeding the price stipulated for that particular Agreement (including VAT).
13.3. The liability of data2site in respect of the customer for indirect damage or loss, which in any case includes – but is explicitly not limited to – consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.
13.4. Aside from the cases referred to in the two previous paragraphs of this Article, data2site is not subject to any liability at all in respect of the customer for damages, irrespective of the ground on which the action for damages is based. The restrictions set out in this Article, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of data2site.
13.5. data2site will only be liable to the customer on account of an attributable failure in the performance of an agreement if the customer issues a proper notice of default to data2site without delay stipulating a reasonable period of time in which to remedy the failure, and data2site also continues to fail to perform its obligations after that period. The notice of default must contain a description of the failure in as much detail as possible to enable data2site to provide an adequate response.
13.6. Any event giving right to compensation is always subject to the condition that the customer reports the damage or loss in writing to data2site as soon as possible, but no later than within 30 days after the damage or loss has arisen.
13.7. In the event of force majeure data2site is not liable to pay compensation for any damage or loss the customer has incurred as a result.
Article 14. Retention of title
14.1. As long as a business customer has not made any full payment on the total amount agreed, data2site will retain ownership of all the goods delivered (including possible debt collection costs and interest).
14.2. Before the transfer of ownership, a business customer is not authorized to, other than corresponding to his normal company and normal destination of the goods, sell, deliver or any other way of misappropriation. Furthermore, a business customer is not allowed to pawn the goods or to give any rights regarding the goods to third parties as long as the transfer of ownership has not been completed.
14.3. A business customer is obliged to keep any goods that are delivered under reservation of ownership with care and recognizable as property of data2site.
14.4. data2site is entitled to withdraw any goods delivered under reservation of ownership and in the possession of a business customer, if a business customer has neglected to pay the invoices or has been confronted with payment difficulties.
14.5. Business customers shall give data2site access to their goods at any time to inspect and/or to exercise the rights of data2site.
Article 15. Personal details
15.1. data2site will process the customer’s personal details in accordance with the privacy statement, which can be found at https://data2site.com/privacy.
Article 16. Final provisions
16.1. This agreement is governed by the laws of the country of establishment of the webshop.
16.2. Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where data2site has its registered office.
16.3. If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.
16.4. The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.
Should you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter.
Chamber of Commerce: 71624163
Version 25 November 2019