General terms and conditions
General terms and conditions D-Purchase System Version 2021.1
Article 1: Definitions.
D-Purchase System: the seller/contractor who enters or would like to enter into a contract with the client;
The client: the purchaser or client or whomever enters or would like to enter into a contract with D-Purchase System; this could be a business purchaser (purchasing for the practice of a company or profession) or an individual consumer ( anyone who does not purchase for the practice of a company or profession);
The product: the product/products to be delivered by entering into a contract between D-Purchase System and the purchaser you at a previously agreed price and a previously agreed period. This also includes delivery of a service because of a repair or modification of the purchaser’s equipment/hardware;
Conditions: These general terms and conditions which are used exclusively by D-Purchase System and franchisees are subject to intellectual property; in all other cases Dutch law prevails.
Article 2: The contract.
By entering a contract with D-Purchase System the client accepts these terms and conditions. Deviations from these conditions can only occur with prior written approval by D-Purchase System. In all other cases; D-Purchase System persists in upholding these conditions; D-Purchase System’s franchisees also employ these same conditions with their clients unless otherwise agreed in writing.
At all times, D-Purchase System and its franchisees reserve the right to change these conditions; with repeat purchases, the client acknowledges that these conditions were agreed to before;
The contract is established: at one of the stores of D-Purchase System; or, immediately after the client provides his/her personal data via the D-Purchase System’s website;
The down payment: upon entering into a contract with a business purchaser D-Purchase System is always entitled to request a down payment without any minimum percentage.
Price change: in the event of a price increase, an individual purchaser shall not have to pay the higher price provided the purchaser has a contract with the store. Business purchasers, however, shall be charged the price increases.
The purchase agreement via D-Purchase System’s website is established after:
- placing the ordered goods in the so-called shopping cart;
- selecting the method of payment and shipping;
- entering the purchaser’s personal data;
- sending this data and receiving the confirmation of receipt of the purchase order by D-Purchase System; D-Purchase System is legally required to return the required confirmation data to the purchaser’s indicated email address.
Article 3: Ownership.
D-Purchase System remains owner of all goods and services sold to the client for as long as the client has not paid the purchase price and any possible additional costs in full. The purchaser must ensure careful handling and is denied the right to hand over these goods or services to third parties or give these goods and services as security until the purchase price and any possible interest or other costs are paid in full to D-Purchase System.
Article 4: Delivery time.
D-Purchase System shall deliver or send the ordered goods within a reasonable period to the address mentioned in the in article 2 mentioned method of payment. In case the goods cannot be delivered because of force majeur, D-Purchase System is entitled to deliver similar materials or equipment to the purchaser. When the price of these replacement goods is higher than the agreed price of the good (s) originally ordered, D-Purchase System is entitled to charge the purchaser the price difference. Similarly, the purchaser is entitled to cancel the contract regarding those goods within 48 hours after having been informed in writing of concerning D-Purchase System’s inability to deliver. Therefore, it is possible that a purchase contract can be cancelled partially.
D-Purchase System is never responsible for any damages occurred from late delivery of the ordered products.
Article 5: Cancellation.
When purchasing in D-Purchase System’s stores, D-Purchase System has the right, at their discretion and without obligation, to take back goods whether these have been used or not and in their unopened and undamaged packaging. D-Purchase System may at their discretion apply a discount to any goods returned. D-Purchase System shall never be under any obligation to take back these goods in situations described above.
Purchases made via D-Purchase System's website must be returned within fourteen (14) days after the receipt of the article/order regardless of the reason for the return. The article/order must be in the original unopened and undamaged packaging and must be unused. The purchaser is responsible for all costs of returning the order. D-Purchase System shall return the purchase price within fourteen (14) days after receiving the article/order after deducting any possible cost of damages caused by the purchaser or whomever under his/her responsibility. At all times, D-Purchase System reserves the right to refuse a returned article/order when it appears that the article is damaged by a cause for which D-Purchase System cannot be held responsible. D-Purchase System shall explain to the purchaser the grounds for this refusal in writing.
Article 6: Warranty.
According to current legal requirements, the relevant legal warranty conditions apply. In all other cases, when it becomes known that in the opinion of D-Purchase System the client used the product incorrectly, albeit accidentally, damages occur, D-Purchase System is entitled to deny the request for repair according to the warranty conditions; the client’s product is therefore not eligible for warranty repairs. The purchaser at any time is entitled to request a product repair quotation from D-Purchase System or their service network. Similarly, D-Purchase System is entitled to be given the opportunity, if possible, to repair the product in its own workshop and/or service network or supply the purchaser with a similar product. D-Purchase System is never responsible for the cost of repairs whether performed in-house or by a third-party repair service unless the purchaser first notifies D-Purchase System of the need for a repair. In either case, the client is responsible for the cost of repairs.
After receiving the product, D-Purchase System shall repair it within fourteen (14) days unless this is not possible by force majeure; in this case D-Purchase System shall indicate a period in which the repair shall be done. In case there are costs occurred that are not covered by the warranty, D-Purchase System shall notify the purchaser beforehand.
Article 7: Data and Privacy protection.
All personal data provided by the purchaser to D-Purchase System shall be kept with the utmost care and shall never be given to third parties unless at the explicit request of the purchaser. D-Purchase System shall send a copy of the purchaser’s personal data within fourteen (14) days of receiving a written request from the purchaser. Similarly, the purchaser’s data at D-Purchase System shall be destroyed for as far as approved by law when requested in writing by him/her.
Article 8: Law and jurisdiction.
D-Purchase System is headquartered in the Netherlands. As a result, Dutch law applies to all services and products supplied by D-Purchase System. If goods and services are purchased from D-Purchase System by the customer from abroad, and are provided by D-Purchase System abroad at the request of the customer, Dutch law will also apply at all times in that situation.