Terms & Conditions

Article 1 – Definitions

In these terms and conditions, the following terms mean:

1. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the business;
3. Day: calendar day;
4. Continuing performance transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or business to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
6. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
7. Model form: the model withdrawal form that the business makes available, which a consumer can fill in when they wish to exercise their right of withdrawal.
8. Business: the natural or legal person that offers products and/or services to consumers at a distance;
9. Distance contract: a contract in which, within the framework of a system organized by the business for the distance selling of products and/or services, exclusive use is made of one or more distance communication technologies up to and including the conclusion of the contract;
10. Distance communication technology: a means that can be used to conclude a contract without the consumer and the business being together in the same room at the same time.
11. Terms and Conditions: these Terms and Conditions of the business.

Article 2 – Identity of the business

Trade name: TechPunt B.V.

Address: Koningsbergenweg 16, 3771 NS Barneveld (not a visiting address)

Phone number: 0342-239999

Email address: info@techpunt.nl

Chamber of Commerce number: 81252617

VAT no.: NL862018729B01

Article 3 – Applicability

• These terms and conditions apply to every offer made by the business and to every distance contract and order concluded between the business and the consumer.
• Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, then before the distance agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
• If the distance agreement is concluded electronically, then, by way of derogation from the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, then before the distance agreement is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
• In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the case of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to them.
• If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, then the agreement and these terms will otherwise remain in force, and the provision in question will be replaced without delay by mutual agreement with a provision that approximates the intent of the original as closely as possible.
• Situations that are not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
• Any ambiguities about the interpretation or content of one or more provisions of our terms must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

• If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
• The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
• The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
• All images and specification data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
• TechPunt.nl holds the copyright to the written product texts, which may not be used by other companies without permission.
• Images accompanying products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.
• Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
• the price including taxes;
• the shipping costs, if any;
• the way in which the agreement will be concluded and what actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and performance of the agreement;
• the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication method used;
• whether the agreement will be archived after it is concluded, and if so, how the consumer can consult it;
• the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data they have provided in the context of the agreement;
• the other languages, besides Dutch, in which the agreement can be concluded, if any;
• the codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance agreement in the case of a continuing performance transaction.

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
4. The entrepreneur can — within legal frameworks — inform themselves as to whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to its execution.
5. The entrepreneur will send the consumer the following information along with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;

b. the conditions under which and the way in which the consumer can exercise the Right of withdrawal, or a clear statement regarding the exclusion of the Right of withdrawal;

c. the information about warranties and existing after-sales service;

d. the details included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided these details to the consumer before the execution of the agreement;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6. In the case of a continuing transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into subject to the condition precedent of sufficient availability of the products in question.

Article 6 - Right of withdrawal

Upon delivery of products:

1. When purchasing products, the consumer has the option to cancel the agreement without giving any reason within 14 days. This cooling-off period starts on the day after the consumer, or a representative designated in advance by the consumer and made known to the entrepreneur, receives the product.
2. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their Right of withdrawal, they will return the product with all accessories supplied and — if reasonably possible — in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. When the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must do this using the model form. After the consumer has indicated a wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered items were returned in time, for example by means of proof of shipment.
4. If, after the periods stated in paragraphs 2 and 3 have expired, the customer has not indicated a wish to exercise their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.
5. Should the consumer have received a different product than the one ordered, the instructions above also apply. The consumer must report the incorrect delivery to the entrepreneur within the stated 14 days, after which the package can be returned free of charge. In the case of an incorrect delivery too, the product and all supplied accessories must be returned in their original condition. The entrepreneur has the right to refuse a return if the above requirements are not met, even in the case of an incorrect delivery.
6. At TechPunt, it's also possible to dispose of your old equipment. When you purchase a new electrical device from us, we can take back your old, comparable product free of charge. If you'd like to make use of this arrangement, we'd be happy to receive your request by email. We'll then provide you with a return label, which you can use to drop off your old equipment free of charge at a PostNL point.

For the delivery of services:

1. For the delivery of services, the consumer has the option to cancel the agreement without giving any reason for at least 14 days, starting on the day the agreement is entered into.
2. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery.

Article 7 - Costs in the event of withdrawal

1. If the consumer exercises their right of withdrawal, they will bear at most the cost of returning the item.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided.

Article 8 - Exclusion of the right of withdrawal

• The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
• Exclusion of the right of withdrawal is only possible for products:

a. that were created by the entrepreneur according to the consumer's specifications;

b. that are clearly personal in nature;

c. that by their nature cannot be returned;

d. that can spoil or age quickly;

e. whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;

f. for individual newspapers and magazines;

g. for audio and video recordings and computer software whose seal the consumer has broken.

h. for hygiene products whose seal the consumer has broken (such as earbuds).

• Exclusion of the right of withdrawal is only possible for services:

a. concerning accommodation, transport, catering or leisure activities to be provided on a specific date or during a specific period;

b. whose delivery has begun with the consumer's express consent before the cooling-off period has expired;

c. concerning bets and lotteries.

Article 9 - The price

• During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
• Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices where the prices are tied to fluctuations in the financial market over which the entrepreneur has no influence. This dependence on fluctuations and the fact that any stated prices are target prices will be indicated in the offer.
• Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
• Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

a. these are the result of legal regulations or provisions; or

b. the consumer has the right to terminate the agreement effective from the day on which the price increase takes effect.

• The prices stated in the offer of products or services include VAT.
• All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and warranty

• The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
• A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
• Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
• The entrepreneur's warranty period corresponds to the manufacturer's warranty period, which is 24 months. This also applies to all "second chance" products offered on the website, unless stated otherwise. Exceptions to this are batteries and wear parts. A warranty period of 6 months applies to these. In addition, the entrepreneur provides a standard pixel warranty of 99% during the 24-month manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
• The warranty does not apply if:
  • The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur's instructions and/or the instructions on the packaging;
  • The defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

• The entrepreneur will exercise the greatest possible care when receiving and carrying out orders for products and when assessing requests for the provision of services.
• The place of delivery is the address that the consumer has made known to the company.
• Subject to what is stated about this in paragraph 4 of this article, the company will carry out accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be carried out or can only be carried out partially, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to cancel the agreement free of charge. The consumer is not entitled to any compensation.
• All delivery periods are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a period does not entitle the consumer to compensation.
• In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 14 days after dissolution.
• If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being supplied. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment is borne by the entrepreneur.
• The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Ongoing transactions: duration, cancellation and renewal

Cancellation

• The consumer can cancel a contract entered into for an indefinite period that is aimed at the regular delivery of products (including electricity) or services at any time, subject to the agreed cancellation rules and a notice period of no more than one month.
• The consumer can cancel a contract entered into for a fixed period that is aimed at the regular delivery of products (including electricity) or services at any time towards the end of the fixed period, subject to the agreed cancellation rules and a notice period of no more than one month.
• The consumer can cancel the contracts mentioned in the previous paragraphs:
  1. cancel at any time and not be limited to cancellation at a specific time or during a specific period;
  2. cancel at least in the same way as they were entered into;
  3. always cancel with the same notice period the entrepreneur has stipulated for themselves.

Renewal

• A contract entered into for a fixed period that is aimed at the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
• By way of derogation from the previous paragraph, a contract entered into for a fixed period that is aimed at the regular delivery of daily, news and weekly papers and magazines may be tacitly renewed for a fixed period of no more than three months, provided the consumer can cancel this renewed contract towards the end of the renewal with a notice period of no more than one month.
• An agreement entered into for a fixed term for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer is allowed to terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in case the agreement is for the regular, but less than once a month, delivery of daily, news and weekly papers and magazines.
• An agreement of limited duration for the regular introductory delivery of daily, news and weekly papers and magazines (a trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration

• If an agreement has a duration of more than one year, the consumer may, after one year, terminate the agreement at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
2. The consumer has the obligation to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. This also applies if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 15 - Additional or deviating provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing, or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Article 16 - Duration of warranty

If, after testing your returned product at our returns department, it turns out that there is a defect, we will immediately contact the relevant repair center for the product. For the repair of this product, we use external repair centers and we also apply the repair timeframes they set.

The duration can therefore vary per repair, and we cannot give you any certainty in advance about how long it will take. Of course, we always try to do this as quickly as possible and, in any case, within a reasonable timeframe.