Erasmus IT Services

General Terms and Conditions: the present General Terms and Conditions.

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Article 1. Applicability of General Terms and Conditions

• 1.1. To all offers, quotations, agreements, services, deliveries, activities and information stated on the Website of ERASMUS IT SERVICES of any nature whatsoever, unless that applicability has been expressly excluded in whole or in part or has been explicitly agreed otherwise in writing.

• 1.2. If the customer includes provisions or conditions in its order, confirmation or notification containing acceptance that deviate from or do not appear in the General Terms and Conditions, these are only binding for               ERASMUS IT SERVICES if and insofar as they have been expressly accepted by ERASMUS IT SERVICES in writing.

• 1.3. In the event that specific product or service terms and conditions apply in addition to these General Terms and Conditions, those terms and conditions will also apply, but in the event of conflicting terms and conditions, the customer can always invoke the applicable provision that is most favorable to him.

• 1.4. Erasmus IT Services can, in agreement with the customer, draw up deviating conditions regarding specific product or service conditions that apply after mutual agreement to the conditions agreed upon by Erasmus IT Services and the specific customer.

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Article 2. Prices and information

• 2.1. All prices stated in paragraph 1.1 and in other materials originating from ERASMUS IT SERVICES are exclusive of VAT and, unless stated otherwise, other levies imposed by the government.

• 2.2. If shipping costs are charged, this will be clearly stated in good time before concluding the Agreement. In addition, these costs will be shown separately in the ordering process.

• 2.3. The content of paragraph 1.1 has been compiled with the utmost care. However, ERASMUS IT SERVICES cannot guarantee that all information in paragraph 1.1 is correct and complete at all times. All prices and other information on the Quotations, Website and in other materials originating from ERASMUS IT SERVICES are therefore subject to obvious programming and typing errors.

• 2.4. ERASMUS IT SERVICES cannot be held responsible for (color) deviations as a result of screen quality.

• 2.5. ERASMUS IT SERVICES offers an installation service for and support of ICT / VOIP problems in case no agreement with Erasmus IT Services has been agreed and the location does not have people, resources and or knowledge in house to get the ICT hardware and software or VOIP working. We have attractive installation rates for the applicant, wich are:   

                - Call-out charges within a radius of 50 Km:                                     € 50,- / per incident

                - Call-out charges within a radius from 50 Km. till 150 Km:           € 75,- / per incident

     - Travel time when distance exceeds 150 Km:                                 € 35,- / per 30 min with a minimum of 30 min.

     - Telephone support:                                                                            € 25,- / per 15 min.

     - On-site support:​​                                                                                  € 25,- / per 30 min with a minimum of 30 min. 

     - Research and testing costs:                                                               € 50,- / per 30 min.

• 2.6. ERASMUS IT SERVICES offers customized maintenance and service contracts whose prices are below the aforementioned prices. Please contact us for more information.

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Article 3. Formation Agreement

• 3.1. The Agreement is concluded at the moment of acceptance by the customer of the offer of ERASMUS IT SERVICES and compliance with the conditions set by ERASMUS IT SERVICES.

• 3.2. If the customer has accepted the offer electronically, ERASMUS IT SERVICES will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the Customer has the option of dissolving the Agreement.

• 3.3. If it appears that incorrect information has been provided by the Customer when accepting or otherwise entering into the Agreement, ERASMUS IT SERVICES will only be entitled to fulfill its obligation after the correct information has been received.

• 3.4. ERASMUS IT SERVICES can inform itself within legal frameworks whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the agreement. If, on the basis of this investigation, ERASMUS IT SERVICES has good reasons not to enter into the Agreement, it is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation, such as advance payment.

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Article 4. Registration

• 4.1. To make optimal use of the Website, the Customer can register via the registration form/account login option on the Website.

• 4.2. During the registration procedure, the Customer chooses a username and password with which he can log in to the Website after registration. The Customer is responsible for choosing a sufficiently reliable password.

• 4.3. The Customer must keep its login details, user name and password strictly confidential. ERASMUS IT SERVICES is not liable for misuse of the login details and may always assume that a Customer who registers on the Website is actually that Customer. Everything that happens through Customers account is the responsibility and risk of Customer.

• 4.4. If the Client knows or suspects that his login details have come into the hands of unauthorized persons, he must change his password as soon as possible and/or inform ERASMUS IT SERVICES of this, so that ERASMUS IT SERVICES can take appropriate measures.

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Article 5. Execution Agreement

• 5.1. As soon as the order has been received by ERASMUS IT SERVICES or the quotation has been accepted, ERASMUS IT SERVICES will make an appointment with the customer for the delivery of the discussed services and/or products or, with due observance of the provisions of paragraph 3 of this Article, the products will be soon as possible.

• 5.2. ERASMUS IT SERVICES is entitled to engage third parties in the performance of the obligations arising from the Agreement. The costs incurred for engaging third parties will be invoiced to the customer.

• 5.3. In principle, the delivery period is 30 days. The method of delivery can take place in various ways and is at the discretion of ERASMUS IT SERVICES.

• 5.4. If ERASMUS IT SERVICES is unable to deliver the products within the agreed term, it will inform the Customer accordingly. In that case, the Customer can agree to a new delivery date or he will be given the option to dissolve the Agreement free of charge.

• 5.5. ERASMUS IT SERVICES advises the Customer to inspect the delivered products and to report any defects      within 2 days in writing by e-mail. For more information, see the Article on warranty and conformity.

• 5.6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the Customer. If expressly agreed otherwise, the risk will pass to the Customer earlier. If the Customer decides to collect the products, the risk will pass upon transfer of the products.

• 5.7. ERASMUS IT SERVICES is entitled to deliver a similar product of similar quality to the ordered product, if the ordered product is no longer available. The Customer will be informed of any change by Erasmus IT Services.

• 5.8. Pallet shipments can be offered on working days from 8:00 am. ERASMUS IT SERVICES. is entitled to charge costs if the carrier cannot unload the pallet shipment at the agreed location or only after waiting for a long time.

       - In case of absence on location and re-offering the pallet shipment, the cost is € 125.

       - If the transporter waits on site, the cost per 15 minutes are € 40, - 

       Costs incurred will be charged afterwards, by invoice.

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Article 6. Right of withdrawal

• 6.1. This article only applies to the Customer being a natural person who is not acting in the exercise of his profession or business.

• 6.2. The Customer has the right to dissolve the distance Agreement with ERASMUS IT SERVICES within 14 days after receipt of the product, free of charge and without stating reasons.

• 6.3. The period starts on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product, or: if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him has received the last product if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, receives the last shipment or the last received part; in the case of Agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product.

• 6.4. Only the direct costs for the return shipment are for the account of the Customer. The customer must therefore bear the return costs himself. If these costs are higher than the regular postal rate, ERASMUS IT SERVICES can estimate these costs based on the rates of the transport company applicable at that time. Any costs paid by the Customer for shipping and payment of the product to the Customer will be refunded to the Customer upon return of the entire order.

• 6.5. Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and the packaging with care. The customer will only open the packaging and use the product only insofar as this is necessary to check the nature, characteristics and functioning of the products. The starting point here is that this inspection may not go beyond what the Customer could do in a physical store.

• 6.6. Customer is only liable for depreciation of the product that is the result of a way of handling the product that goes further than allowed in the previous paragraph.

• 6.7. The Customer can dissolve the Agreement in accordance with the period set in paragraph 1 of this Article by sending the model withdrawal form (digitally) to ERASMUS IT SERVICES, or otherwise unequivocally inform ERASMUS IT SERVICES that it is waiving the purchase. In case of a digital report, ERASMUS IT SERVICES confirms receipt of that report. After dissolution, the Customer has 14 days to return the product. It is also possible to return the product immediately within the cooling-off period set in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous statement for withdrawal is enclosed. Products can be returned to the return address communicated by Erasmus IT Services.

• 6.8. Amounts already paid (in advance) by the Customer will be refunded to the Customer as soon as possible, but no later than 60 days after dissolution of the Agreement, in the same way that the Customer paid the order. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, ERASMUS IT SERVICES does not have to reimburse the additional costs for the more expensive method. Unless ERASMUS IT SERVICES offers to collect the product itself, ERASMUS IT SERVICES may withhold reimbursement until ERASMUS IT SERVICES has received the product or until the Customer demonstrates that it has returned the product, whichever is the earlier.

• 6.9. Information about whether or not the right of withdrawal applies and any desired procedure will be clearly stated on the Website in time for the conclusion of the Agreement.

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Article 7. Payment

• 7.1. Customer must make payments to ERASMUS IT SERVICES according to the terms specified in the quotation. ERASMUS IT SERVICES is free to choose the payment methods it offers and these may also change from time to time. In case of payment after delivery, the Customer has a payment term of 7 days starting on the day after delivery.

• 7.2. If the Customer does not meet his payment obligation(s) in time, after he has been informed by ERASMUS IT SERVICES of the late payment and ERASMUS IT SERVICES has granted the Customer a period of 5 days to still meet his payment obligations , if payment is not made within this 5-day period, the statutory interest will be due on the amount still due and ERASMUS IT SERVICES will be entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next €2,500 and 5% on the next €5,000 with a minimum of €75. ERASMUS IT SERVICES may agree different payment conditions in favor of the Customer and deviate from the amounts and percentages stated in paragraph 7.2

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Article 8. Warranty and Conformity

• 8.1. This article only applies if there is a Customer who is not acting in the exercise of his profession or business. If ERASMUS IT SERVICES gives a separate guarantee on the products, this applies to all types of Customers, without prejudice to the above.

• 8.2. ERASMUS IT SERVICES guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the Agreement. . If specifically agreed, ERASMUS IT SERVICES also guarantees that the product is suitable for other than normal use.

• 8.3. If the delivered product does not comply with the Agreement, the Customer must notify ERASMUS IT SERVICES within a reasonable period of time after discovering the defect.

• 8.4. If ERASMUS IT SERVICES considers the complaint to be justified, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum compensation, with due observance of the Article regarding liability, is equal to the price paid by the Customer for the product.

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Article 9. Guarantee for business purchases

• 9.1. ERASMUS IT SERVICES guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the Agreement. . If specifically agreed, ERASMUS IT SERVICES also guarantees that the product is suitable for other than normal use. Otherwise, the product is suitable for normal use.

• 9.2. If the delivered product does not comply with the Agreement upon delivery, the Customer must notify ERASMUS IT SERVICES within 3 days after delivery. If the Customer does not do this, he can no longer claim repair, replacement, etc. if the product has been delivered defective.

• 9.3. If ERASMUS IT SERVICES considers the complaint to be well-founded, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the Customer.

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Article 10. Complaints procedure

• 10.1. If the Customer has a complaint about a product (in accordance with Article regarding guarantee and conformity) and/or about other aspects of the services provided by ERASMUS IT SERVICES, he can submit a complaint to ERASMUS IT SERVICES by telephone or e-mail. See contact details at the bottom of the Terms and Conditions.

• 10.2. ERASMUS IT SERVICES will provide the Customer with a response to his complaint as soon as possible, but in any case within 5 days after receipt of the complaint. If it is not yet possible to provide a substantive or final response, ERASMUS IT SERVICES will confirm the complaint within 5 days of receipt of the complaint and give an indication of the term within which it expects to provide a substantive or final response to the complaint.  Customers complaint.

• 10.3. Customer who is not acting in the exercise of his profession or business can also submit a complaint via the European dispute resolution platform, which can be reached via http://ec.europa.eu/odr/.

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Article 11. Liability

11.1. This Article only applies if the Customer is a natural person or legal entity acting in the exercise of his profession or business.

11.2. The total liability of ERASMUS IT SERVICES towards the Customer due to an attributable shortcoming in the fulfillment of the Agreement is limited to reimbursement of a maximum of the amount of the price stipulated for that Agreement (including VAT).

11.3. Liability of ERASMUS IT SERVICES towards the Customer for indirect damage, including - but expressly not limited to - consequential damage, lost profit, missed savings, loss of data and damage due to business interruption, is excluded.

11.4. Apart from the cases mentioned in the previous two paragraphs of this Article, ERASMUS IT SERVICES has no liability towards the Customer for compensation, regardless of the grounds on which an action for compensation would be based. However, the restrictions referred to in this Article will lapse if and insofar as damage is the result of intent or gross negligence on the part of ERASMUS IT SERVICES.

11.5. The liability of ERASMUS IT SERVICES towards the Customer due to an attributable shortcoming in the fulfillment of an Agreement only arises if the Customer gives ERASMUS IT SERVICES immediate and proper written notice of default, stating a reasonable term to remedy the shortcoming, and ERASMUS IT SERVICES also after that term. continues to fail in the fulfillment of its obligations. The notice of default must contain as detailed a description as possible of the shortcoming, so that ERASMUS IT SERVICES is able to respond adequately.

11.6. A condition for the existence of any right to compensation is always that the Customer reports the damage to ERASMUS IT SERVICES in writing as soon as possible, but no later than 30 days after it has arisen.

11.7. In the event of force majeure, ERASMUS IT SERVICES is not obliged to pay compensation for any damage caused to the Customer as a result.

11.8 You must report any damage to us by email within 24 hours. Damages reported 7 (seven) days after delivery will no longer be processed by us.

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Article 12. Retention of Title Business Purchases

• 12.1. As long as the Business Customer has not made full payment for the entire agreed amount, all delivered goods remain the property of ERASMUS IT SERVICES.

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Article 13. Personal data

• 13.1. ERASMUS IT SERVICES processes the Customer's personal data in accordance with the privacy statement published on the Website.

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Article 14. Final provisions

• 14.1. Dutch law applies to the Agreement.

• 14.2. Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where ERASMUS IT SERVICES has its registered office.

• 14.3. If a provision in these General Terms and Conditions proves to be null and void, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will adopt (a) new provision(s) to replace it, which will give shape to the intention of the original provision as far as legally possible.

• 14.4. In these General Terms and Conditions, “in writing” also includes communication by e-mail  , provided that the identity of the sender and the integrity of the e-mail are sufficiently established.

 

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Contact details

If you have any questions, complaints or comments after reading these Terms and Conditions, please do not hesitate to contact us feel free to contact us by email: info@erasmus-its.com

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Erasmus IT Services

PO Box 5126

6130 PC, Sittard

Netherlands

 

Bank:                                  NL60 KNAB 0257 6267 51

Bic:                                      KNABNL2H

Chamber of Commerce: 14083579

VAT ID:                                NL001821317B56

Tel.:                                     +31 (0)88-77 314 77

Email:                                 info@erasmus-its.com

support:                             it-support@erasmus-its.com

Website:                             www.erasmus-its.com

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