E-mail: info@itradeit.nl
Website: www.itradeit.nl
1. iTrade it: iTrade it BV, located in Alphen aan den Rijn, Chamber of Commerce number 87616246.
2. Customer: the person with whom iTrade it has entered into an agreement.
3. Parties: iTrade it and Customer together.
4. Consumer: a Customer who is also an individual and who acts as a private person.
1. These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of iTrade it.
2. iTrade it and the Customer can only deviate from these conditions if this has been agreed in writing.
3. iTrade it and the Customer expressly exclude the applicability of the general terms and conditions of the Customer or others.
1. iTrade it uses prices in euros, including VAT and excluding any other costs such as administration or shipping costs, unless otherwise agreed in writing.
2. iTrade it may always change the prices of its services and products on its website and in other communications.
3. iTrade it and the Customer agree on a total target price for services provided by iTrade it, unless otherwise agreed in writing.
4. iTrade it may deviate from the target price by up to 10%.
5. iTrade it must inform the Customer in a timely manner why a higher price is justified if the target price is more than 10% higher.
6. The Customer may cancel the part of the order that exceeds the target price (plus 10%) if the target price is more than 10% higher.
7. iTrade it may adjust prices annually.
8. iTrade it will communicate price adjustments to the Customer prior to their taking effect.
9. A consumer may cancel the agreement with iTrade it if he does not agree with the price increase.
1. The Customer pays for products immediately.
2. iTrade it may require a down payment of up to 50% of the agreed amount when entering into the agreement for a service.
3. The Customer must pay invoices to iTrade it within the invoice date, unless otherwise agreed or a different payment term is stated on the invoice.
4. The payment terms mentioned are strict payment terms. If the Customer has not paid the amount no later than the last day of the payment term, he is automatically in default and in default, without iTrade it having to send the Customer a reminder or notice of default.
5. iTrade it may make delivery subject to immediate payment or require security for the total amount of the service.
1. If the Customer is in default, iTrade it may invoke the right of recovery with regard to the unpaid products delivered to the Customer.
2. iTrade it uses its right of recovery by means of a written or electronic communication to the Customer.
3. As soon as the Customer has been informed of the invoked right of recovery, the Customer must immediately return the relevant products to iTrade it, unless otherwise agreed in writing.
4. The Customer pays the costs for retrieving or returning the products in paragraph 3.
1. Unless the Customer is a consumer, he hereby waives the right to suspend the fulfillment of any obligation arising from this agreement.
1. iTrade it may exercise its right of retention and in that case retain the Customer's products until the Customer has paid all outstanding iTrade it invoices, unless the Customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements as a result of which the Customer still has to pay money to iTrade it.
3. iTrade it is not liable for any damage that the Customer suffers due to the use of his right of retention.
1. Unless the Customer is a consumer, he waives his right to offset a debt to iTrade it against a claim against iTrade it.
1. iTrade it remains the owner of all delivered products until the Customer has paid all outstanding invoices from iTrade it relating to an underlying agreement, including claims due to failure to comply.
2. Until that time in paragraph 1, iTrade it can make use of its retention of title and take back the goods.
3. Before ownership has been transferred to the Customer, the Customer may not pledge, sell, dispose of or encumber the products in any other way.
4. If iTrade it makes use of its retention of title, the agreement will be canceled and iTrade it may demand compensation, lost profit and interest from the Customer.
1. Delivery takes place while stocks last.
2. Delivery takes place at iTrade it, unless otherwise agreed.
3. Delivery of products ordered online will take place at the address specified by the Customer.
4. If the Customer does not pay the agreed amounts or does not pay on time, iTrade it may suspend its obligations until the Customer pays.
5. Late payment constitutes a creditor's default, as a result of which the Customer cannot object to iTrade it for late delivery.
1. iTrade it's delivery times are indicative. If delivery is made later, the Customer cannot derive any rights from this, unless otherwise agreed in writing.
2. The delivery time starts when the Customer has fully completed the ordering process and has received confirmation from iTrade it.
3. The Customer will not receive any compensation and may not cancel the agreement if iTrade delivers it later than agreed. The Customer may cancel the agreement if this has been agreed in writing or if iTrade it cannot deliver within 14 days, after having been notified in writing or if the Customer and iTrade it have agreed otherwise.
1. The Customer must ensure that the actual delivery of his ordered products can take place on time.
1. The Customer pays the costs for transport, unless the Customer and iTrade it have agreed otherwise in writing.
1. If the packaging of a delivered product is opened or damaged, the Customer must have the carrier make a note of this before receiving the product. If the Customer does not do this, he cannot hold iTrade it liable for any damage.
2. If the Customer arranges the transport of a product himself, he must report any visible damage to products or packaging to iTrade it prior to transport. If the Customer does not do this, he cannot hold iTrade it liable for any damage.
1. The Customer must adequately insure the following items and keep them insured against, among other things, fire, explosion and water damage, and theft:
• delivered items that are necessary for the execution of the underlying agreement
• items from iTrade it that are present at the Customer
• goods that have been delivered under retention of title
. 2. The Customer will make the policy of these insurances available for inspection at the first request of iTrade it.
1. If the Customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the Customer.
2. Any additional costs resulting from premature or late purchase of products will be entirely borne by the Customer.
1. When the Customer and iTrade it have entered into an agreement with a service provision, this only contains an obligation of best efforts for iTrade it and therefore no obligation of result.
2. The warranty on products only applies to defects caused by defective manufacturing or construction or defective materials.
3. The warranty does not apply:
- in the case of normal wear and tear
- for damage caused by accidents
- for damage caused by changes made to the product
- for damage due to negligence or improper use by the Customer
- when the cause of the defect is not clear can be determined
4. The risk of loss, damage or theft of the products that iTrade it supplies transfers to the Customer as soon as they are legally or actually delivered, or at least come under the control of the Customer or of a third party who purchases the product for the Customer receives.
1. The Customer may exchange a purchased item. The following conditions apply:
• exchange takes place within 7 days after purchase, whereby the Customer can show the original invoice
• the product is returned in the original packaging and with the original price tag attached
• the product has not yet been used
2. Discounted items , perishable products, custom-made items or items specially adapted for the Customer cannot be exchanged.
1. iTrade it will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. iTrade it may have the agreed services carried out in whole or in part by others.
3. The execution of the agreement takes place in consultation and after written agreement and payment of any advance payment by the Customer.
4. The Customer must ensure that iTrade it can start the execution of the agreement on time.
5. If the Customer does not ensure that iTrade it can start on time, the resulting additional costs will be borne by the Customer.
1. The Customer makes all information, data and documents that are relevant for the correct execution of the agreement available to iTrade it in a timely manner and in the desired form and manner.
2. The Customer guarantees the accuracy and completeness of the information, data and documents made available, even if they originate from third parties, unless otherwise dictated by the nature of the agreement.
3. When and to the extent that the Customer requests this, iTrade it will return the relevant documents.
4. If the Customer does not provide the information, data or documents reasonably required by iTrade it, or does not do so in a timely or proper manner, and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the Customer. .
1. The Customer indemnifies iTrade it against all claims from others related to the products and/or services supplied by iTrade it.
1. The Customer must examine a product or service provided by iTrade it as quickly as possible for any shortcomings.
2. If a delivered product or service does not meet what the Customer could reasonably expect, the Customer must inform iTrade it of this within 1 month after determining the shortcoming.
3. A consumer must inform iTrade it of this within 2 months after discovering the shortcoming.
4. The Customer provides as detailed a description as possible of the shortcoming, so that iTrade it can respond appropriately.
5. The Customer must demonstrate that the complaint relates to an agreement between the Customer and iTrade it.
6. If a complaint concerns ongoing work, the Customer cannot demand that iTrade it perform other work than agreed.
1. The Customer must notify iTrade it in writing of any notice of default.
2. The Customer is responsible for ensuring that his notice of default actually reaches iTrade it on time.
1. When iTrade it enters into an agreement with multiple Customers, each of them is jointly and severally liable for complying with the agreements in that agreement.
1. iTrade it is only liable for damage suffered by the Customer if that damage is caused by intent or deliberate recklessness.
2. If iTrade it is liable for damage, this only applies to direct damage related to the execution of an underlying agreement.
3. iTrade it is not liable for indirect damage, such as consequential damage, lost profits or damage to third parties.
4. If iTrade it is liable, this liability is limited to the amount paid out by a (professional) liability insurance policy. If no insurance has been taken out or no damage amount is paid out, liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are indicative only and cannot lead to any compensation, dissolution or suspension.
1. Any right of the Customer to compensation from iTrade it expires 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
1. The Customer may cancel the agreement if iTrade it imputably fails to fulfill its obligations, unless this failure does not justify termination due to its special nature or minor significance.
2. If fulfillment of the obligations by iTrade it is still possible, dissolution can only take place after iTrade it is in default.
3. iTrade it may cancel the agreement with the Customer if the Customer does not fully or timely fulfill its obligations under the agreement, or if iTrade it has become aware of circumstances that give it good grounds to assume that the Customer will not fulfill its obligations.
1. In addition to Article 6:75 of the Dutch Civil Code, a shortcoming of iTrade it by the Customer cannot be attributed to iTrade it in the event of force majeure.
2. The force majeure situation in paragraph 1 also includes:
- a state of emergency such as a civil war or natural disaster
- non-performance or force majeure of suppliers, delivery persons or others
- power, electricity, internet, computer or telecom disruptions
- computer viruses
- strikes
- government measures
- transport problems
- bad weather conditions
- work stoppages
3. If a force majeure situation occurs as a result of which iTrade it cannot fulfill 1 or more obligations to the Customer, those obligations will be suspended until iTrade it can fulfill them.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both the Customer and iTrade it may cancel the agreement in whole or in part in writing.
5. iTrade it does not have to pay compensation to the Customer in a force majeure situation, even if iTrade it benefits from this.
1. If it is necessary to change a concluded agreement for its implementation, the Customer and iTrade it can adjust the agreement.
1. iTrade it may change these general terms and conditions.
2. iTrade it may always make changes of minor importance.
3. iTrade it will discuss major changes with the Customer in advance as much as possible.
4. A consumer may terminate the underlying agreement in the event of a major change to the general terms and conditions.
1. The Customer cannot transfer any rights under an agreement with iTrade it to others without written permission from iTrade it.
2. This provision applies as a clause with property law effect as in Article 3:83 paragraph 2 of the Dutch Civil Code.
1. If 1 or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what iTrade it had in mind when drawing up the conditions on that point.
1. Dutch law applies to these general terms and conditions and any underlying agreement between the Customer and iTrade it.
2. The court in the district where iTrade it is established has exclusive jurisdiction to hear any disputes between the Customer and iTrade it, unless the law provides otherwise.
iTrade it B.V.
CoC: 87616246
Vat: NL864349403B01
Ondernemingsweg 66s
2404 HN Alphen aan den Rijn
The Netherlands