4PHONES GENERAL CONDITIONS OF SALE

Article 1. General Stipulations

  1. These General Conditions apply to all offers and agreements as well as all transactions flowing from these between 4Phones BV (hereinafter "4Phones") and yourself (hereinafter "the Client"). 
  2. These Conditions shall also apply where 4Phones purchase or receive products or services from third parties and supply these to the Client.
  3. The application of the Client's terms and conditions is expressly excluded. 
  4. Where any stipulation of these Conditions is invalid or is declared invalid, then the remaining stipulations shall continue to apply unabated. The Client is required to agree to new stipulations. These will so far as possible match the former invalid or invalidated stipulations. 
  5. Where the stipulations of these General Conditions are in conflict with the stipulations of an agreement, then the stipulations of the agreement shall prevail.
Artikel 2. Identity of the company
  1. Company name: 4PHONES.NL B.V. 
  2. location and visiting address: De Vest 34, 5555XP Valkenswaard Nederland
  3. Contact: www.4phones.nl/contact
  4. Access: Monday to Friday from 9:00 am to 6:00 pm
  5. KvK-Number: 61667692
  6. VAT-Identification Number: 854437782B01

Article 3. Coming into effect of agreement

  1. All offers made by 4Phones are without obligation and apply for 30 days, unless otherwise stated in the offer. The offer is based on the information provided by the Client. If this information is found to be incorrect 4Phones may modify the offer and the costs will be borne by the Client. 
  2. All dimensions, weights, illustrations, drawings, technical and/or chemical specifications, types, quantities, composition and qualities included in the offer are approximate only. 
  3. The agreement will come into effect when the Client places an order on the website, or when the Client agrees in writing or by telephone with an offer from 4Phones or when a start is actually made on the delivery by 4Phones.
  4. Where a change to the agreement results in increased costs, these may be passed on to the Client by 4Phones.
  5. The Client may not derive any entitlements from any earlier offer or advertising materials produced by 4Phones.

Article 4. Arrangements for deliveries

  1. 4Phones will provide every deliverable as agreed in writing. 4Phones may engage third parties for this purpose.
  2. The agreed delivery date is not a final deadline. The delivery period will commence at the time when the agreement comes into effect, provided all the required information has been received and any security for payment has been issued.
  3. Risk in the products will pass from 4Phones to the Client at the moment when the products are actually in the possession of the Client or those assisting the Client. 
  4. The products will be delivered to the address indicated by the Client. The Client must ensure that the storage locations where 4Phones are to deliver the products are accessible without hindrance and without risk. 
  5. The Client must take receipt of the products at the time of delivery. Where the Client refuses to take receipt or has provided insufficient information as required for the delivery, then the products will be stored by 4Phones at the Client's risk. The Client will bear the additional costs, including in any event the storage costs. 
  6. Delivery of the products will take place as soon as possible after the order date. 4Phones may deliver an order consisting of several items in two or more consignments. 
  7. The costs of delivery, including packaging, transport and transport insurance shall be borne by the Client. These costs are not included in the prices on the website but are stated separately in the quotation.

Article 5. What you can expect from us

  1. 4Phones will carry out their activities with care, making the best use of their knowledge, experience and understanding. 4Phones will act as far as possible in the Client's interest. 
  2. Where a delivery schedule is included in the agreement, 4Phones will ensure that it is complied with as far as possible. However the dates concerned will not be regarded as final deadlines. Where the dates in the schedule are not met the Client must provide 4Phones with a reasonable period of at least 14 days to comply. 
  3. 4Phones will treat all the Client's data as confidential, to the extent that 4Phones ought to be aware that confidential data is involved.

Article 6. Obligations on the Client

  1. The Client must supply 4Phones in good time with all data which 4Phones may require to carry out their activities correctly. The Client is responsible for the accuracy of this information. 
  2. Where delays attributable to the Client arise in the implementation of the agreement, all resulting costs and damages shall be at the expense and risk of the Client. 
  3. The Client is required to inspect and check delivered products immediately on receipt. Any complaints, defects or breakages must be reported immediately in writing to 4Phones (within two days). In the absence of such a report the products in question shall be deemed to have been delivered without damage, defects or breakages, and it will be assumed that 4Phones have made the delivery in accordance with the agreement. 
  4. Complaints relating to defects and/or breakages must be reported to 4Phones in writing immediately upon detection (within two days), so that 4Phones are in a position to investigate the complaint and to carry out any necessary repairs.
  5. The submission of a complaint does not suspend the Client's payment obligations.
  6. The Client must handle the product and the packaging carefully during the inspection, and it must be used and inspected only as the Client would do this in the store. Where the value of the product is reduced due to the Client's way of handling it, this loss of value must be reimbursed to 4Phones.
  7. The return of products under the conditions of the guarantee must be carried out within 6 months of delivery for non-OEM products and within 12 months of delivery for OEM products. The Client must notify 4Phones of the return of a product using an RMA application form via the website, and return the product(s) to 4Phones as quickly as possible. The original and undamaged packaging must be used. Opened or damaged packages will be rejected.
  8. Where the Client sends back returns on a monthly basis using the method indicated by 4Phones, the costs of such returns will be borne by 4Phones. If the Client wishes to use a different method they will bear the cost.
  9. Once the returned product(s) are received by 4Phones they will reimburse the Client using the original payment method.
  10. The following products are not covered by the rules for returns set out above:
  • Products manufactured by 4Phones in accordance with the purchaser's specifications;
  • Products which because of their nature cannot be returned;
  • Products which may deteriorate or age rapidly;
  • Products whose price is tied to fluctuations in the financial market over which 4Phones have no control;
  • Products no longer in the original packaging or with obviously damaged packaging.
  • 4Phones may immediately suspend the implementation of the agreement or dissolve it in whole or in part without advance notice to the Client, where:
    • The Client fails to meet his obligations under the agreement, or fails to meet such obligations in good time;
    • Where the Client's business is bankrupt, liquidated or placed in receivership, where cessation of payments or provisional cessation of payments is granted, where an arrangement is made under the Debt Management Natural Persons Act or where the Client's business is taken over, in whole or in part. 
    • 4Phones will not then be required to pay any compensation for damages to the Client, and 4Phones shall additionally be entitled to claim compensation for damages and/or payment.
  • In all the above cases all claims by 4Phones shall be payable immediately, and the Client shall be required to return the delivered products immediately.
  • Article 7. Costs of 4Phones products

    1. The costs payable by the Client are set out in the agreement in euros.
    2. All costs exclude BTW. Other levies imposed by government agencies, transport and delivery costs, travel and accommodation expenses abroad and the use of special installations are not included.
    3. 4Phones shall be entitled to modify prices in line with pricing developments during the contract period. This shall be taken to include inter alia: changes to taxation, levies, wages, social security charges, exchange rates, energy prices or other factors which entail increased costs for 4Phones. Price changes will come into effect within one month of their announcement. In the event that the Client does not agree to the changes in costs the Client may cancel the agreement with 4Phones in writing within eight days of the announcement of the changes, effective on the date of introduction of the change.
    4. Where the Client has not yet fulfilled all payment and other obligations arising out of the agreement, 4Phones may defer fulfilment of their obligations until such time as all the Client's payment and other obligations have been met.
    5. The Client understands that the level of costs associated with the agreement may be affected if the parties decide to change the approach, the working methods and/or the scope of operations, regardless of which party has taken the initiative in this. Costs of additional activities or products will be discussed verbally and charged to you separately.

    Article 8. Payment methods

    1. Three payment methods are available:
    • Payment in advance through the website: when ordering products via the website payment can be made immediately upon placement of the order. 
    • Payment in arrears through the website, via Billink: Billink's User Conditions will apply in addition to the present Conditions if you opt to pay in arrears via Billink. 
    • Payment in arrears via invoice: if you place an order following a written offer, 4Phones will immediately send you an invoice, which must be paid within 14 days of invoice date. 
  • Where 4Phones make partial deliveries, each part delivery may be invoiced separately. 
  • Professional Clients who fail to pay within the agreed period will be placed immediately in default, and interest will be payable following the due date of the invoice. This interest will be equivalent to the legislatively determined commercial interest The Client will then also be required to pay all judicial and extrajudicial costs of collection. These costs will in each case amount to 15% of the principal, with a minimum of €150.00. 
  • 4Phones shall be entitled to demand surety for the fulfilment of your payment obligations. 4Phones shall also be entitled to amend their Conditions for Payment where in their opinion this is justified by the Client's financial position or payment record. 
  • When payment is made by credit card the credit card details will be checked before payment is made. Products will only be sent to the credit card holder's address as indicated by the Client. 
  • Any objections to the payment of an invoice must be submitted to 4Phones in writing within 14 days of invoice date. If you fail to do so the invoiced amount will be deemed to have been accepted. Objections to the invoice shall not suspend the obligation to make payment.
  • Article 9. Termination of the agreement.

    1. In the event that the Client cancels the agreement they must reimburse 4Phones for the costs incurred or yet to be incurred by them as well as for any damages suffered by them, up to a reasonable amount, without prejudice to 4Phones' entitlement to claim further compensation for damages where the damages exceed that reasonable amount. The "reasonable amount" will be calculated on the basis of the following sliding scale:
      1. In the event of cancellation up to 8 days before the start of the work: 3% of the offer price;
      2. In the event of cancellation more than 1 day but less than 8 days before the start of the work: 5% of the offer price;
      3. In the event of cancellation 1 day or less before the start of the work: 10% of the offer price.
    2. 4Phones may immediately suspend the implementation of the agreement or dissolve it in whole or in part without advance notice to the Client, where:
      1. The Client fails to meet his obligations under the agreement, or fails to meet such obligations in good time, and/or the Client refuses to provide surety for payments;
      2. The Client's business is bankrupt, liquidated or placed in receivership, or cessation of payments or provisional cessation of payments is granted, or an arrangement is made under the Debt Management Natural Persons Act or where the Client's business is taken over, in whole or in part, or in the event of the death of the Client. 
    3. 4Phones will not then be required to pay any compensation for damages to the Client, and 4Phones shall additionally be entitled to claim compensation for damages and/or payment. Where any of these circumstances arises the Client will be placed immediately in default. 
    4. 4Phones shall be entitled to continue to fulfil the agreement.

    Article 10. Use of the website.

    1. All prices and tariffs specified on the 4Phones website or in mails from 4Phones exclude BTW and are subject to price changes and errors in programming or typographical errors.
    2. The appearance of the delivered products will not necessarily match the product illustrations. Changes to the appearance and the packaging of products may in particular occur following updating of the Client's range. No complaints about identified defects may be submitted where these relate to product changes as described above.

    Article 11. Force majeure.

    1. Force majeure means that the circumstances are such that 4Phones are unable to deliver their products correctly, in good time or at all, without fault on the part of 4Phones. Where a condition of force majeure obtains this shall not be deemed to be a culpable shortcoming on the part of 4Phones. 
    2. Force majeure may for example involve: fire, theft, vandalism, riot, strikes, sit-ins, operational disturbance, war, storms, situations where the work is inaccessible, changes to legislation or shortcomings in compliance on the part of one of 4Phones' suppliers. 
    3. In the event of force majeure 4Phones may suspend Implementation of the agreement or dissolve the agreement in whole or in part, without any requirement to pay compensation for damages. 
    4. Where the condition of force majeure continues for longer than 60 consecutive days, the Client may dissolve the agreement in writing. 4Phones shall in such circumstances not be required to pay any compensation for damages to the Client.

    Article 12. Retention of property

    1. All products delivered by 4Phones shall remain the property of 4Phones until such time as the full amount has been paid. 
    2. Products delivered under retention of property may not be pledged or encumbered in any other way. 
    3. In the event that a third party seizes products delivered under retention of property or seeks to establish entitlement to such products, the Client must notify 4Phones of this as soon as possible. 
    4. Where possible, the Client is required to insure items supplied under retention of property and to keep these insured against fire, theft, explosion and water damage. 4Phones may inspect the insurance policy on request.

    Article 13. Confidential information and personal information

    1. The parties are required to maintain confidentiality in respect of all confidential information which they have received about the other party's business. This also applies to the Client's employees and any third parties engaged by them. 
    2. Information shall be deemed to be confidential where it is identified as such by one of the Parties. 
    3. The parties are required to maintain confidentiality in respect of all confidential information which they have received about the other party's business. This also applies to any third parties engaged.
    4. Information shall be deemed to be confidential where it is identified as such by one of the Parties. 
    5. As a Data Controller in the sense imported by the General Data Protection Regulations (GDPR), 4Phones are responsible for the protection of personal information whose use by 4Phones is necessary for the correct implementation of the agreement.
    6. Where 4Phones process personal information from the Client this will be done with the utmost propriety and care, and in compliance with the GDPR. 
    7. 4Phones will use the personal information only to the extent that this is necessary to serve the Client. The personal information will not be retained for longer than is permitted by law or longer than is necessary for the implementation of the agreement. 
    8. 4Phones will take technical and organisational measures in order to ensure a suitable level of security in relation to personal information, taking account of the technical state of the art and the nature of the processing.

    Article 14. Intellectual property rights

    1. Work produced by 4Phones may not be published or reproduced without the written permission of 4Phones. 4Phones hold copyright on all works created by them or on their behalf. 
    2. The Client will retain ownership of all documents provided to 4Phones for inspection. 
    3. All intellectual property rights, including but not limited to copyright, brand rights and database rights on the information, texts, illustrations, logos, images and photographs on the website, and on the layout and design of the internet site are held by 4Phones and/or their licensers. These rights must not be infringed, which shall be taken to include the making of copies of the website other than technical copies required for use of the internet site.

    Article 15. Guarantee

    1. 4Phones guarantee the proper implementation of the agreed performance for the following periods, following supply/handover of the agreed deliverables:
    • OEM products: 24 months;
    • Non-OEM products: 6 months.
  • The brands falling into the above categories can be identified via the 4Phones website.
  • Where 4Phones acknowledge that they have fallen short in delivering a product, 4Phones shall be entitled to replace the product in question or to deliver the missing elements, within a reasonable period of the Client's notification of the defect to 4Phones. Where 4Phones deliver correctly within that period the agreement will be deemed to have been complied with and the Client will not be entitled to compensation for damages. 
  • Additional guarantees can be arranged with 4Phones if desired. These are detailed in the written guarantee declaration. 
  • The guarantee shall not apply in cases of force majeure. 
  • A guarantee will be provided only where all financial and other obligations have been met. Every claim under the guarantee will lapse when the products delivered by 4Phones have been handled and/or processed inexpertly by the Client and/or if the instructions provided by 4Phones have not been followed. No guarantee will apply in the case of normal wear.
  • Article 16. Allocation of responsibilities

    1. 4Phones will provide their services to the best of their knowledge and ability. 4Phones cannot however guarantee that a desired outcome will be achieved at a specific time. 
    2. 4Phones may not be held liable for damages, even where such damages are connected directly or indirectly with delays or cancellations. 4Phones shall be liable only where the damage is attributable to conscious action or recklessness. 
    3. Where 4Phones are liable their liability shall be limited to the amount paid out by 4Phones' commercial liability insurance for each event in connection with such damages. Where the maximum insured amount exceeds the amount of the order, then 4Phones shall be liable only to the amount of the order connected with the products delivered. 
    4. Damages such as damage to business and/or stagnation damages, consequential damages, loss of revenue and/or profits, loss of products or loss of value of products are excluded from compensation. 
    5. Where a third party claims compensation for damages from the Client, such claims may not be transferred to 4Phones.
    6. The information on the 4Phones website is compiled and updated with continuing care and attention. It is not always to avoid all errors however. No entitlements whatsoever may therefore be derived from the information presented on the website. 4Phones will accept no responsibility for damages of any kind resulting from the use of the website or from the incompleteness and/or inaccuracy of the information provided, and/or damages resulting from the temporary or permanent non-availability of the website.
    7. 4Phones shall bear no responsibility for photographs, descriptions or other instructional materials issued by third parties and appearing on the website.
    8. All liability on the part of 4Phones shall lapse if no claim is made by the Client in relation to the shortcoming within one year of the delivery of the product and if the Client has not notified 4Phones in writing of the alleged shortcoming within one month of its discovery.

    Article 17. Amendments to these General Conditions

    1. 4Phones may amend the General Conditions at any time, without notice.
    2. 4Phones may announce any amendments to these General Conditions by publishing these on the website or in some other way. It is therefore recommended that Clients check the website from time to time. Amendments shall also apply to agreements already made.

    Article 18. Complaints and disputes

    1. In the case of any dissatisfaction with our service provision we would be grateful if you could let us know first so that we can take appropriate steps to investigate your complaint. In order to ensure that the complaint can be properly investigated it must be submitted to 4Phones within two months of the Client's discovery of the alleged problem.
    2. Where any dispute arises the matter must be brought before the Competent Court at Oost-Brabant. The option of bringing a dispute before the Court will lapse after one year following the arising of the grounds for the complaint.

    Article 19. Applicable Law

    The law of the Netherlands shall apply to these General Conditions to all agreements and to all actions arising from these.