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Terms and Conditions
General terms and conditions Tech Outlet OOD
Identity of the entrepreneur
Article 1. Applicability
Article 2. Quotes, prices, Actions, advice and orders
Article 3. Delivery
Article 4. Delayed delivery
Article 5. Payments
Article 6. Force majeure
Article 7. Advance payment/security
Article 8. Retention of title
Article 9. Brands and packaging
Article 10. RMA Conditions
Article 10.1 Warranty general
Article 10.1 Factory warranty on new retail products
Article 10.2 RMA reasons
Article 10.3. Request for RMA / RMA number
Article 10.4 Shipping requirements
Article 10.5. Return address
Article 12. Transport
Article 13. Complaints
Article 14. Liability
Article 15. Images
Article 16. Intellectual property
Article 17. Partial invalidity
Article 18. Technical requirements etc.
Article 19. Applicable law and disputes
Identity of the entrepreneur
TechOutlet OOD
Nartsis 45, 1415, Sofia Bulgaria
VAT# BG202668915
+359-988742094
TechOutlet OOD
Harderwijkerweg 24, 3852 AD Ermelo
The Netherlands
KvK 70850275
VAT# NL858484225B01
+31-85-4866218
General Terms and Conditions
Article 1. Applicability
- These conditions apply to every offer and every
agreement or legal relationship between Tech Outlet OOD and a
(potential) buyer insofar as parties have not expressly and in writing
deviated from these conditions and excluding any general conditions of
the other party.
2. The present conditions also apply to all agreements with Tech Outlet OOD in the execution of which third parties must be involved.
3. Where these conditions refer to written requirements, this also includes e-mail.
Article 2. Quotes, prices, Actions, advice and orders
All quotes are non-binding.
All prices are net cash in the currency mentioned on the quote, without discount and excluding taxes due at the time of delivery.
If an order is placed without an express price agreement, it will be executed at the price applicable at the time of order execution.
Seller is entitled at all times not to accept orders. Seller will notify the buyer within 3 working days, counting from the order date.
Issued price lists are indicative and at all times subject to changes. Prices and delivery times are based on circumstances applicable at the time of issue. If these circumstances change after concluding the agreement, but before the end of its execution, seller is authorized to pass on the costs resulting from that change to the buyer.
No rights can be derived from proposed advice and/or product choices made by the seller. Agreements or orders that follow from this advice are the responsibility of the buyer.
Buyer is aware that Tech Outlet OOD is considered by some manufacturers as an unofficial distributor and that a consequence thereof may be that the end user of the products may not be able to participate in (extra) discount actions, promotions etc. or other arrangements of manufacturers, as the condition may be attached that the products were obtained through sales channels designated as official by the manufacturer. Buyer irrevocably waives any claim against Tech Outlet OOD, for whatever reason, in case buyer is approached in this regard by its customer or the end user of the products.
Unless expressly stated otherwise, the prices issued by Tech Outlet OOD apply only to the products themselves and:
- in Euro
- excluding VAT
- excluding shipping or transport costs
- ex factory/company
- excluding levies on media carriers
- excluding legal levies and/or disposal contributions
If Tech Outlet OOD agrees on a certain price with the other party, Tech Outlet OOD is nevertheless entitled to increase the price if Tech Outlet OOD can demonstrate that significant price changes have occurred between the moment of offer and delivery regarding raw materials, currency and/or wages.
If the price increase exceeds 10%, the other party has the right to terminate the agreement, without right to compensation against Tech Outlet OOD.
Article 3. Delivery
- Seller is entitled at all times to deliver an order in parts and to demand payment for each partial delivery.
- Seller has fulfilled its delivery obligation by offering the goods to buyer once. The report of the person who arranged the transport forms complete proof of offer for delivery.
- If buyer refuses to accept the goods, the costs of return freight, storage and other necessary costs are for buyer's account. Seller will first be obliged to offer the goods again, after the costs mentioned in the previous sentence, the purchase price and the costs for renewed offer have been fully paid to them. Seller is entitled to suspend a (subsequent) delivery, as long as the buyer has not approved one or more previous deliveries or has failed to accept them and/or has not fulfilled any obligation towards Tech Outlet OOD.
- If the other party continues to refuse acceptance for 14 days, Tech Outlet OOD is entitled to terminate the agreement, whereby the other party – in deviation from article "Termination" paragraph 2 – remains liable for 100% of the transaction value, increased with interest and costs thereon and without prejudice to the right to compensation for actual or higher damage.
- Delivery times specified by Tech Outlet OOD are always
approximate and are never fatal deadlines.
2. In case of late or incorrect delivery, the other party must put Tech Outlet OOD in default in writing.
3. The delivery time specified by Tech Outlet OOD only starts after all necessary data is in its possession.
4. Tech Outlet OOD is allowed to deliver sold goods in parts. This does not apply if a partial delivery has no independent value. If the goods are delivered in parts, Tech Outlet OOD is authorized to invoice each part separately.
- Buyer is obliged to pay seller's invoices within the payment term stated on the invoice. Payment must be made without any suspension, discount or offset. Only those payments are valid that have been made in the manner indicated by seller.
- If buyer does not pay the due invoice amount on time, they are in default without further notice and owe seller interest of 1.25% of the unpaid invoice amount for each month or part thereof by which the payment term is exceeded.
- In the case referred to in the previous article paragraph, seller is furthermore entitled to complete or partial termination of the agreement and all other claims of seller on buyer, for whatever reason, become immediately due. Seller is also entitled to demand from buyer all costs caused by buyer's non-payment, both judicial and extrajudicial costs. The extrajudicial costs are fixed at 15% of the amount to be claimed, being the invoice amount increased with accrued interest according to paragraph 2 of this article, with a minimum of EURO 500.00.
- If seller has instituted its claim in legal proceedings and is wholly or partially vindicated in this regard, buyer is obliged to compensate seller for the actual costs involved in this procedure. This includes the costs of lawyers, attorneys and fixed fees, as well as the fees owed to arbitrators or binding advisors, even if these exceed any procedural cost order under article 237 and further of the Code of Civil Procedure.
- Seller is entitled at all times to transfer or pledge its claims on buyer to third parties.
- If seller files for buyer's bankruptcy, the latter owes, in addition to the due amount and the judicial and/or extrajudicial costs of bankruptcy applications weighing on it.
- Ownership of the products remains with Tech Outlet OOD until payment is completed.
- Seller can never be held liable for compensation of costs, damage and interest, if they cannot fulfill their obligations towards buyer as a result of force majeure.
- Between parties, force majeure is understood to mean all facts and circumstances that lie outside the sphere of influence and/or risk sphere of seller and/or on the basis of which performance of the agreement cannot reasonably be required from seller, including (but not exclusively) transport obstacles and infection or risk of infection, business disruption, defects or damage to production means, strike or similar actions, (whether or not attributable) shortcomings on the part of third parties engaged by seller, government measures as well as lack of raw materials, stagnation of the supply of raw materials or semi-finished products, war or danger of war, regardless of whether the Netherlands is directly involved or not, complete or partial mobilization, state of siege, riot, sabotage, flooding, fire or other destruction in factories or warehouses, strikes and lockouts.
- Without prejudice to seller's further rights, force majeure gives them the authority to terminate the agreement for the part not yet executed, without being obliged to pay any compensation.
- If seller has partially fulfilled their obligation, they are entitled to a proportional part of the agreed price based on the work already performed and costs incurred.
Seller is entitled at all times to demand advance payment or security from buyer before proceeding to delivery or further delivery. If buyer fails to provide the required advance payment or security, every delivery obligation resting on seller lapses, without prejudice to seller's right to compensation for all damage, costs and interests by buyer.
Article 8. Retention of title
All delivered goods remain the property of seller until the moment when all claims - from this or previous deliveries - of seller on buyer have been fully settled by buyer. The goods can be reclaimed immediately by seller if buyer has not fulfilled their obligations or seller has reason to assume that buyer will not fulfill their obligations. The costs associated with the reclaim will be charged to buyer. Upon reclaim, credit will be given based on the value that the goods appear to have upon reclaim.
Article 9. Brands and packaging
Seller reserves the right to provide the packaging of the goods with their own name and/or factory mark. Only within six months after invoice date, carriage paid to warehouse, returned packaging that is in good condition and that was charged, gives buyer the right to compensation for the value calculated by seller. Rejection of packaging must be notified to buyer in writing within 30 days after receipt, after which this packaging is held at their disposal for one week, after which seller is free to dispose of it without any obligation to pay compensation. Packaging not separately calculated on the invoice is not taken back by seller.
- After the conclusion of the agreement, buyer has 14 days the right to cancel the order, provided that Tech Outlet OOD can at all times attach conditions to that cancellation at its own discretion.
- A cancellation/return must always be requested and can only be processed or sent with written approval prior to the return shipment. You can request a cancellation request (before goods are shipped) through your account manager or our sales department, a return request (product that is already on its way or delivered) can be requested through the returns department (sales@techoutlet.eu).
- Costs and damages that accompany the cancellation for Tech Outlet OOD will be charged to the customer. The costs (restocking fee / handling fee) (or an estimate thereof) are communicated in advance and depend on multiple factors, including among others turnover speed, return conditions of the supplier/manufacturer, condition of the product, value of the product and any (large) transport costs.
- The conditions that Tech Outlet OOD imposes upon cancellation or return after shipment of the ordered goods are at least (without prejudice to the right to impose more and other conditions):
* The return shipment is at all times by and for the account and risk of the buyer.
- The right to cancel/return does not apply in case of:
* Digital software/licenses, physical licenses, warranty packages or other personal products;
* Products specially ordered or assembled for you;
* OP=OP and bargain corner products;
* Products for which Tech Outlet OOD expressly states that the right does not apply.
*Goodwill cancellation or return of above products is possible for certain products but will be charged a minimum of 25%.
Article 10.1 Warranty general
- The other party has only the right to warranty against Tech Outlet OOD if and insofar as warranty is (still) provided to Tech Outlet OOD by the supplier of Tech Outlet OOD or the manufacturer, except insofar as mandatory legal provisions prescribe more extensive warranty. Tech Outlet OOD is not obliged to provide further warranty or liability.
- The other party has only the right to warranty against Tech Outlet OOD if the other party has fulfilled all payment obligations towards Tech Outlet OOD.
- Every warranty obligation expires if the other party performs or has performed modifications or repairs to the delivered good themselves, or in case of damage that is not the result of normal use.
Buyer can consult the conditions for factory warranty on the website of the relevant manufacturer, in connection with the article number and serial number.
Article 10.2 RMA reasons
Defective goods
In case of defective articles, the buyer must include an accurate complaint description, using an RMA form.
A description such as: 'is defective' / 'does not work' is not sufficient here. Suppliers require as a condition to send a so-called status page of the defective article. Buyer is aware that for the handling of defective goods, Customer Support will work according to the conditions and guidelines of its suppliers and/or the manufacturers of the product (factory warranty). Defective goods that are returned in
a manner that does not meet these guidelines and conditions, will be returned to buyer without further processing. Furthermore, Buyer acknowledges that a warranty claim can be rejected based on the determination that there is an above-average failure percentage (that is, the ratio between the quantity of goods purchased at Tech Outlet OOD and the total number of defective goods) Tech Outlet OOD does not accept goods for
processing or return that were not purchased at Tech Outlet OOD.
DOA (Dead On Arrival)
DOA within 30 days from invoice date. Buyer must make a DOA return shipment within 5 days after receipt of the relevant product,
together with the possible DOA form from the manufacturer, failing which all claims in this regard expire.
Incorrect delivery
An incorrect delivery can be:
Shortage: Less delivered than ordered and/or stated on packing slip.
Over-delivery: More delivered than ordered and/or stated on packing slip.
Incorrect delivery: Something different delivered than ordered.
For an incorrect delivery, the buyer must report this to seller within 24 hours after receipt, failing which all claims in this regard expire. The latter also applies when the packaging of the relevant product is opened, or when the product is used.
It is not possible to:
Process notifications that reach Tech Outlet OOD after this term.
Return articles that have been opened anyway, or briefly or partially used.
Return without RMA number.
Wrong order (VB)
In case of wrongly ordered products by the buyer, the buyer may propose to seller whether seller wants and/or can take back the goods. After this decision moment, seller applies the following scale:
Notification Restocking costs
Within 10 working days 15% for unopened boxes in original packaging.
After 10 working days, no longer processed.
Transport damage (TA)
In case of visible transport damage, buyer must have a note/remark placed on the
Confirmation receipt/CRM, as well as report the transport damage to Tech Outlet OOD in writing or by e-mail (Customer Support: sales@techoutlet.eu) within 24 hours, failing which the shipment is considered received correctly and undamaged.
Hidden transport damage (TA)
If the transport damage is not visible and is only discovered after opening the box or pallet, this must
be reported by buyer to Tech Outlet OOD in writing or by e-mail (Customer Support: sales@techoutlet.eu) within 2 working days after receipt,
failing which the shipment is considered received correctly and undamaged.
Article 10.3. Request for RMA / RMA number
Request your RMA quickly and easily by calling Customer
Support department or your account manager. Note Product number, invoice no, serial number and description reason RMA.
Article 10.4 Shipping requirements
Return number must be clearly stated on the packaging documents.
Always send the product back in an outer box.
Returns are only accepted if;
- the article and packaging are in undamaged condition and the product sticker is not taped/covered.
- the packaging is not sealed and/or taped with printed tape.
- the article and packaging are not written on with pen or marker.
- the article is complete.
- the article is in the original packaging.
- We reserve the right to deliver you a replacement or repaired product instead.
- A copy of the RMA form + RMA number must be returned with the article.
The sender must sufficiently frank the shipment.
We advise you to have the shipment signed and insured by your carrier.
Article 10.5. Return address
TechOutlet OOD
Harderwijkerweg 24 3852AD Ermelo
Or with advance notice:
Bijsterhuizen 2027, 6604 LH Wijchen
Netherlands
Article 12. Transport
For orders/shipments within and outside the Netherlands, additional costs can be
determined by parties in consultation, prior to shipment of the order. Transport insurance is determined in advance by the seller and buying party.
Article 13. Complaints
Buyer is obliged to check products delivered by Tech Outlet OOD immediately upon receipt. Complaints regarding visible defects concerning the products (including, but not limited to, complaints regarding quantities, size, weight, packaging, packing, quality and calculated price) must be submitted by buyer in writing within at most two working days after receipt, failing which all rights of buyer in this regard expire and Tech Outlet OOD is deemed to have fully fulfilled its obligations.
- Regarding non-visible defects concerning the products, a complaint period of two working days also applies, with the understanding that this starts on the day that buyer/client became aware of the defect, or should have become aware.
- Complaints of any nature whatsoever do not suspend buyer's payment obligations and can only be brought to seller's attention in writing within the terms described in these conditions.
- No complaint is admissible when buyer has proceeded to process or re-deliver products.
- The burden of proof rests on buyer that the goods to which the complaint relates are the same as those delivered by seller.
Article 14. Liability
- Tech Outlet OOD is only liable towards the other party for damage caused by intent or gross negligence of Tech Outlet OOD or its subordinates. For damage as a result of defects in delivered goods, only the liability as regulated in article "Warranty" of these conditions applies.
- The liability of Tech Outlet OOD is at all times limited to the amount that any insurer of Tech Outlet OOD pays out to Tech Outlet OOD in a relevant case.
- If the insurance in any case provides no coverage or does not pay out, and Tech Outlet OOD is liable, the liability of Tech Outlet OOD is limited to at most the invoice value of the transaction, or that part of the transaction to which the liability relates.
- In no case is Tech Outlet OOD liable for indirect damage, consequential damage expressly included.
- The other party indemnifies Tech Outlet OOD against claims by third parties.
- In case of damage or defect to storage such as memory, HD and SSD, no damage can be recovered for loss of DATA.
Article 15. Images
- Pictures shown on the site, in folders and in newspapers serve to illustrate the product/products. Tech Outlet OOD accepts no liability whatsoever for damage as a result of inaccuracy or incompleteness of images, specifications or texts on the website.
- All images, drawings, data concerning weights, dimensions, colors, etc. included in price lists and folders, are only approximate and cannot give rise to compensation and/or termination.
Article 16. Intellectual property
The copyright and any other intellectual property rights to equipment, software or documentation remain the property of Tech Outlet OOD or its suppliers. The other party acquires at most a right of use.
Article 17. Partial invalidity
Should parts of these conditions be null and void or destroyed or otherwise invalid, the remaining (parts of) provisions remain undiminished in force. The remaining conditions must then be read and interpreted in such a way that the purport of the conditions and in particular of the invalid parts is achieved.
Article 18. Technical requirements etc.
- If the goods to be delivered in the Netherlands or another country are used outside that country, Tech Outlet OOD is not responsible for the delivered goods meeting the technical requirements, standards and/or regulations imposed by laws or regulations of the country where the goods are used. This does not apply if Tech Outlet OOD has confirmed the suitability of use in the relevant country unabridged when concluding the agreement.
- All other technical requirements imposed by the other party on the goods to be delivered and which deviate from the normally applicable requirements, must be explicitly reported by the other party when concluding the purchase agreement.
Bulgarian or Dutch law exclusively applies to all agreements between parties. Vienna Sales Convention applies.
