GENERAL TERMS AND CONDITIONS OF SALE REVENIT-IT B.V.
These are the general terms and conditions of sale (Terms) of Revenit-IT B.V. (Revenit-IT). We are located at Johannes Verhulststraat 218 H, 1075 HG Amsterdam, the Netherlands and registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number: 84500204.
When we refer to you in these Terms, we mean you as our client.
If you have any questions about the Terms, please contact us via our e-mail address at sales@revenit.com or via telephone at +31 (0)20 894 5014.
Section 1 – Introduction
1. Applicability
1.1. These Terms, together with the references they contain, apply to the information and offers (Offers) of Revenit-IT on our website https://www.revenit.com (Website) and to any contract (Agreement) that we conclude with you.
1.2. We sell our Products (as defined below) to Business Clients and Consumers. A Consumer means any natural person who acts for purposes which are outside his trade, business or profession. A Business Client means every client who is not a Consumer. Consumer and Business Client will be together referred to as the Client.
1.3. The provisions under SECTION 2 – GENERAL TERMS apply to all Clients.
1.4. The provisions under SECTION 3 – TERMS FOR BUSINESS CLIENTS only apply to you if you are a Business Client.
1.5. The provisions under SECTION 4 – TERMS FOR CONSUMERS only apply to you if you are a Consumer.
1.6. We will make these Terms available to you (electronically) prior to the conclusion of an Agreement. We reserve the right to change these Terms from time to time. We will always inform you in advance.
1.7. By purchasing our Products, you agree to the most recent version of these Terms. Deviations from these Terms are only valid if and to the extent that they are expressly agreed in writing (any type of recording in writing, including by electronic means) between Revenit-IT and you (each a Party and together the Parties).
1.8. The Client’s general terms and conditions or purchase conditions are not applicable and hereby expressly rejected.
Section 2 – General Terms
2. Products
2.1. We sell pre-owned and refurbished IT equipment hardware, such as but not limited to devices, routers and switches, servers, storage and its components (Product or Products).
2.2. We do not sell software. Software as part of the Products belongs to the manufacturer and is never owned by Revenit-IT. Therefore Revenit-IT cannot transfer the ownership on software to you, or guarantee that the software or the use thereof does not breach any third party intellectual property rights.
3. Orders, Offers
3.1. You must contact us via our e-mail address at sales@revenit.com or via telephone at +31 (0)20 894 5014. to place an order (Order) for the purchase of our Products. We will send you an Offer based on your Order.
3.2. Any Offer of Revenit-IT is optional and may be revoked at any time, unless an Offer contains a specific term for acceptance.
3.3. An Agreement will be formed if you accept our Offer in writing, or if we accept your Order in writing.
3.4. We may revoke an Offer accepted by you in writing within 7 calendar days without being obligated to state the reasons. In that case, no Agreement will be formed between us.
3.5. An Offer expires if the Product to which the Offer relates is no longer available in the meantime.
4. Delivery, transfer of risk and title and acceptance
4.1. Delivery will take place in accordance with the Incoterm that applies to the Agreement. The applicable Incoterm will be agreed in the Offer or confirmed by us in writing.
4.2. We may deliver an Order in parts if several Products are ordered. We deliver everywhere in Europe.
4.3. We reserve the right to deliver the Products by means of (one or more) third parties.
4.4. We ship your Order via the transportation method of our choice. If you request an alternative mode of transport, the additional costs resulting from this mode of transport will be charged to you.
4.5. We will deliver your Order to the address that you have indicated with the Order. You cannot change the address free of charge once we have dispatched the Order.
4.6. We state the expected delivery date of your Order in the Offer. Delivery dates communicated by Revenit-IT are indicative, no rights can be derived from such communications.
4.7. Delivery takes place as soon as the Client (or any of its employees) receives the Products at the agreed place of delivery. At the time of delivery, a packing list including the Products delivered will be handed to you.
5. Payment and collection charges
5.1. You must pay our invoice to a bank account designated by us within the payment term we have agreed on in writing and as stipulated in the Offer.
5.2. If payment by the Client is due, we will first send a reminder, followed by a request for payment. If the Client again fails to pay, the Client will be in default. In that case, a Business Client must pay the statutory commercial interest and a Consumer must pay the statutory interest. The interest on the payable amount is calculated from the moment that the payment is due, until the moment that the payable amount has been paid by the Client in full.
5.3. If the Client is in default, it will be due to Revenit-IT any extrajudicial costs. The collection fees are calculated on the basis of the invoice amount, with a minimum of €40. The collection fees are as follows:
a. € 40,00 on the first € 267;
b. 15% on the part that remains thereafter, up to € 2,500;
c. 10% on the part that remains thereafter, up to € 5,000;
d. 5% on the part that remains thereafter, up to € 10,000;
e. 1% on the part that remains thereafter, to € 200,000;
f. 0.5% on the remaining part, with a maximum collection fee of 6,775 in case the Client is a Consumer.
5.4. Any outstanding amounts by the Client are immediately payable in the following cases:
a. the Client exceeds a payment term;
b. the Business Client is dissolved, liquidated, insolvent or files for a suspension of payment or any other insolvency procedure;
c. the Consumer is made the subject of a guardianship or deceases;
d. there is another circumstance by which the Client can no longer freely dispose of his assets.
6. Warranty
6.1. Revenit-IT warrants that all Products will be free from any material and workmanship defects for 5 years after you have received the Products from us, provided that the Products are properly used and maintained.
6.2. No warranty is given if one of the situations mentioned in article 7 occurs.
6.3. We do not give a warranty on any software installed by the manufacturer on the Products. The use of software on the Products and the obtaining of licenses and subscriptions to use the software is your own responsibility.
6.4. We will be entitled to fulfil our obligations under the warranty by supplying or replacing missing or defective (components of) Products or by refunding the Order value. The Order value will only be refunded to the account number from which the Order was paid. If we replace (components of) the Products because of a defect, we will pay for the replacement and the replacement shipment.
6.5. Our warranty is non-transferable and only valid for the original purchaser of the Product.
7. Inspection, Defects and Compensation
7.1. You must inspect the delivered Products immediately after delivery. You must examine if the quality and/or quantity of the delivered Products corresponds with what has been agreed upon between us.
7.2. A Business Client must notify us in writing of any non-conformities or visible defects regarding the Products within 7 working days of delivery. Any non-visible defects must be reported in writing within 7 working days of discovery thereof. A Consumer must notify us of any non-conformities or defects within a reasonable time of discovery thereof. Each complaint must contain a detailed description of the defect and request for a return authorization number from Revenit-IT.
7.3. Submitting a complaint on time does not suspend or cancel any payment obligation of the Client.
7.4. When we have received your complaint, we will (electronically) send you a form (stating the part ID, serial number and cause of failure) for you to fill in.
7.5. Defective Products must be returned to us within 14 days.
7.6. If you fail to return the defective Products within the time period stated and if Revenit-IT has issued you a credit for the defective Products, Revenit-IT may cancel the credit. If you fail to return the defective Products within the time period stated and if Revenit-IT has sent you replacement Products, you will be liable for the costs of such replacement Products and Revenit-IT will invoice you accordingly.
7.7. If we establish that there is a justified and timely complaint, we will, at our sole and reasonable discretion, replace the defective (components of the) Products or compensate you for the Products, unless: (i) the Products cannot be identified as belonging to us; (ii) the defect (partly) results from normal wear and tear, incorrect or inexpert handling/use of the Products by you; (iii) the Products have not been stored by you in the manner indicated or customary; (iv) Revenit-IT did not have the opportunity to inspect the Products, or (v) the Client has not complied with its obligations towards Revenit-IT, for any reason whatsoever.
7.8. In the first year of the warranty we will compensate the hardware replacement, the costs of the replacement shipment and the costs of the return shipment. In the second to the fifth year of the warranty, we will only compensate the hardware replacement and the costs of the replacement shipment. The costs of the return shipment must be paid for by the Client, unless you are a Consumer. If you are a Consumer, the costs of the return shipment will be paid by us. We will only compensate the costs of a return shipment if the Products are shipped from the same location to which we initially delivered the Products or another location with comparable shipment costs.
7.9. Revenit-IT reserves the right to replace defective (components of the) Products with the same model or an upgraded model with comparable functionality.
7.10. If we establish that a complaint is unfounded, the costs incurred (including the investigation costs) will be at your expense.
8. Liability
8.1. We are only liable for your direct damage, which directly and exclusively results from an incomplete execution of the Agreement or a failure to perform the Agreement as agreed between us, and only if the shortcoming is attributable to us.
8.2. We are not liable for damages that have occurred because we have relied on incorrect or incomplete information provided by you.
8.3. We are not liable for any damages arising from incorrect or inexpert handling/use or storage of the Products by you.
8.4. We are not liable for any damages arising from a malfunctioning in any software on the Products.
8.5. We will not be liable for any damage, loss, third party claims, loss of data, fines or costs arising from any Agreement or from the use of the Products by you or any third party.
8.6. If we are liable, our liability per claim will be limited to the order value of the relevant Order.
8.7. The limitation period of all claims and defences against Revenit-IT is 1 year after the Client became or should have become aware of the damages.
8.8. The limitations of liability in this article will not apply if the damage is due to intent or gross negligence on our part.
9. Indemnification
You will indemnify us against any claims by third parties who suffer damage because of product liability ensuing from the use of the Products and whose cause is not attributable to us.
10. Intellectual Property
All intellectual property rights (such as, but not limited to, copyrights, trademarks, word marks) or our Website and in our, text, photographs, images, and other materials are owned by us (or controlled by us with the permission of the owner). You must not infringe them.
11. Confidentiality and privacy
11.1. Unless there is a legal or statutory obligation to disclose, the Parties will keep all information about each other confidential and will not share the information with third parties.
11.2. The Parties will not disclose the content of Agreements, Order confirmations, Offers or any other written statements from each other to third parties.
11.3. We protect your personal data in accordance with the European General Data Protection Regulation. For more information, please read our Privacy Policy on our Website.
12. Force majeure
12.1. In the event of force majeure, we may suspend our obligations under an Agreement.
12.2. If this period exceeds two uninterrupted months or when it has become clear that the period will take longer than two months, each Party may terminate the Agreement without being liable to pay any compensation to the other Party.
12.3. If Revenit-IT has partially fulfilled its obligations and if the fulfilled part has independent value, Revenit-IT may invoice you the fulfilled part.
13. Suspension and Termination
13.1. Revenit-IT has the right to suspend its obligations under the Agreement or to terminate an Agreement (in full or in part) with immediate effect on written notice if: (a) a Client fails to meet one or more of its obligations, or if it is established that full compliance will be impossible, or (b) a Business Client is declared bankrupt, or (provisional) suspension of payment is requested, if its business is liquidated or discontinued or it is otherwise insolvent.
13.2. If and when Revenit-IT suspends or terminates in accordance with the previous paragraph, the Client will not have any claims against Revenit-IT as a consequence thereof.
14. Miscellaneous
14.1. If any part of these Terms is invalid or unenforceable, this does not alter the validity of the remainder of the Terms. The invalid or unenforceable provision will be replaced by a term that most closely follows the content of the invalid term.
14.2. In the event that these Terms and an Agreement contain conflicting provisions, the provision in the Agreement will prevail if and when the provision therein is more specific than in these Terms and explicitly deviates from the provision in these Terms.
14.3. You may not assign (the rights and obligations under) an Agreement, in whole or in part, without our prior written consent.
15. Applicable law and Competent court
15.1. Dutch law applies to these Terms and all Agreements. The Vienna Sales Convention is excluded.
15.2. The Court of Amsterdam, the Netherlands will have exclusive jurisdiction to settle any dispute or claim arising out of the Agreement.
Section 3 – Terms For Business Clients
16. Prices
16.1. All prices stated in our Offers are fixed and expressed in euros, excluding VAT and excluding packaging costs, shipment costs, shipping costs and government levies, unless explicitly stated otherwise.
16.2. We may adjust the prices of our Products at any time without notice. We will not be liable to you or to any third party for any price change. If we increase the prices after we have provided you an Offer, you have placed an Order, or we have concluded an Agreement, we will notify you of the price increase as soon as possible. If you do not agree to the proposed price increase, each Party will have the right to refuse the Offer or to revoke the Order, as applicable, or to terminate the Agreement.
17. Delivery and Retention of title
17.1. We reserve the right to deliver the Order only after payment of the total amount of the Order. In this respect, you will not be entitled to rely on earlier deliveries.
17.2. You are required to accept the delivery. In case you refuse to accept, you will be charged for costs such as additional delivery, storage and warehousing.
17.3. The risk and expense of damage to the Products will transfer to the Business Client at the time Revenit-IT offers the Products for delivery.
17.4. All Products delivered by Revenit-IT will remain the exclusive property of Revenit-IT until the Business Client has fully complied with its payment obligations towards Revenit-IT.
17.5. The Business Client will do everything that can be reasonably expected of it to safeguard the Products of Revenit-IT. The Business Client will store the Products separate from each other and from any other goods of the Business Client, and the Products will be clearly identifiable.
17.6. If third parties seize the delivered Products subject to retention of title or wish to establish or assert rights to them, the Business Client is obliged to inform Revenit-IT of this as soon as may reasonably be expected, but in any event no later than 2 days.
17.7. The Business Client gives unconditional and irrevocable consent to Revenit-IT to enter upon all places where Revenit-IT’s property can be found to repossess the same, in all cases that Revenit-IT wants to exercise its proprietary rights.
18. Cancellation and returns
18.1. You may cancel your Order within 14 days after you have received your Order, provided the Products are in its original condition.
18.2. In case of a cancellation, you must contact us for prior instructions and return the Products sufficiently and properly packaged without delay, at the latest within 14 days from receipt.
18.3. Products will be credited only after positive inspection by Revenit-IT.
18.4. In case Revenit-IT accepts a return despite the Products are new, unused, undamaged and in its original packaging, a restocking fee of 20% of the value of the Order will be applied to the credit note to cover shipment and other costs incurred by us.
18.5. Returns over 14 days are always subject to Revenit-IT’s prior written approval.
19. Costs, default
19.1. If you fail to comply with the provisions of these Terms and/or the Agreement, you are obliged to compensate us for all costs which we have to incur to force you to comply with these Terms and/or the Agreement.
19.2. If you fail to comply with a particular obligation, you are automatically in default. A notice of default is not required.
Section 4 – Terms For Consumers
20. Prices
20.1. All prices stated in Offers are fixed and expressed in euros, including VAT and excluding packaging costs, shipment costs, shipping costs and government levies, unless explicitly stated otherwise.
20.2. We may adjust the prices of our Products at any time without notice. We will not be liable to you or to any third party for any price change. If we increase our prices within 3 months after the conclusion of an Agreement with you, you have the right to terminate the Agreement.
21. Cancellation and returns
21.1. You have the right to cancel your Order within 14 days after you have received your Order.
21.2. In case of cancellation, you must contact us for prior instructions and return the Products sufficiently and properly packaged without delay, at the latest within 14 days from receipt. The costs of the return are borne by you if we have communicated this to you in advance.
21.3. We will refund the costs you paid for the Products within 14 days, including the initial shipment costs if you return the entire Order.