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Terms & conditions
Article 1. Definitions
'consumer': opposing party who is a natural person and not acting in the exercise of Spark Electronics or occupation, or a client who is acting in the exercise of a Spark Electronics or practice, in his capacity as end-user of the delivered goods.
'consumer sale': the sale on a tax case, which is closed by a seller who acts in the exercise of a profession or Spark Electronics, and a buyer, natural person who is not acting in the exercise of a profession or Spark Electronics.
Article 2. Application of these conditions
1. These conditions apply to any offer and any agreement between Spark Electronics and a consumer of Spark Electronics where these conditions are declared applicable by Spark Electronics, as far as these parties have not deviated expressly and in writing.
2. These conditions also apply to agreements with Spark Electronics, for which third parties should be involved.
Article 3. Quotations and order confirmations
1. All given quotations by Spark Electronics are valid for a maximum period of 30 days, unless otherwise indicated at the quotation.
2. Spark Electronics can not be adhere to it's offer or order confirmation if the consumer ought to understand that the quotation or order confirmation or any part of it contains an obvious mistake or slip.
3. Spark Electronics is only bound to its offer if the acceptance by the consumer is confirmed by letter or email or online at the website of Spark Electronics, and only within the period as specified in paragraph 3.1. Listed prices in a quotation or order include VAT, unless otherwise indicated.
Article 4. Delivery
1. Unless otherwise agreed, delivery takes place from Spark Electronics settled in Woerden, The Netherlands.
2. The consumer is required to take the items purchased, at the moment they are delivered to him or at the time according to the agreement for its disposal.
3. If the consumer refuses to take the items or is negligent to the provision of information or instructions, necessary for the delivery, the products will be stored at the risk of the consumer. In that case, the consumer will owe any additional costs, including storage in any case.
Article 5. Delivery time
1. Delivery times given by Spark Electronics are approximate and no fatal deadlines.
2. In the event of not timely delivery, the consumer has to default Spark Electronics by letter or by email, and has to give Spark Electronics a reasonable time to fulfil its obligations.
Article 6. Warranty
1. Spark Electronics guarantees that its products are sold free of material, design and manufacturing defects for a period as stated in the quotation, order confirmation, delivery documents, or at the delivered products related bill, at least during a period guaranteed by the manufacturer of that product.
2. If the product shows signs of a defect and the warranty in paragraph 6.1 above applies to the delivered product, Spark Electronics is forced to recover the defect within 30 days after the consumer has reported the fault by letter or by email.
3. Products must be offered to Spark Electronics for repair. Spark Electronics may charge a call out fee with a minimum of Euro 30,00 in case of repair at home.
4. Spark Electronics can choose to replace the product.
5. The consumer can only demand for replacement of the product or dissolution of the purchase in the warranty period, if:
- Spark Electronics did an ineffective attempt to repair the same defect three times, and this defect is severe enough to ask for replacement of the product or dissolution of the purchase;
- if the consumer proves that so many flaws or faults has shown that it does not meet the agreement and these flaws justify replacement or dissolution;
6. The warranty is voided if the consumer caused injury by an incorrect treatment of a guaranteed product.
Improper treatment would include: the use of a product, otherwise than in accordance with the rules by Spark Electronics or delivered documents of the product.
7. The consumer must prove that the product shows signs of a defect within the warranty period, for which the guarantee applies. The warranty is voided if the model number, serial number or warranty label of a product is removed or modified.
8. The warranty begins at the time after complete payment has taken place, according to the bill of Spark Electronics.
Article 7. Restriction of ownership
1. All products delivered by Spark Electronics remain the property of Spark Electronics until the consumer has fulfilled all of his purchase agreements which are concluded with Spark Electronics.
2. All products delivered by Spark Electronics, which fall under the property of paragraph 7.1, may not be resold and must never be used as a tender.
3. The consumer is not authorized to either pawn items or to weigh down the concern in any other way, where these items fall under the retention of ownership.
4. The consumer already gives unconditional and irrevocable consent to either Spark Electronics or a third person designated by Spark Electronics, in all cases where Spark Electronics seeks to exercise its property rights, of all places in which to enter the property of Spark Electronics is located and which will cases there to take.
5. If third parties either take possession of items which fall under the retention of ownership or would establish rights on it, the consumer is forced to inform Spark Electronics as soon as reasonably may be expected on the issue.
Article 8. Complaint deadlines on flaws
1. The consumer must the items when delivered - or as soon as possible thereafter - (let) investigate. The consumer has to verify whether or not the delivered items meet to the agreement, namely:
- whether or not the right items are delivered,
- whether or not the items are in accordance with the quality requirements or - in case not supplied - the requirements that may be set for normal use.
2. In case a visible defect or fault is found, the consumer has to inform Spark Electronics within 2 days after delivery.
3. A not visible lack has to be reported to Spark Electronics by letter or by email within 1 business day after discovery, but not later than within 12 months after delivery.
Article 9. Return policy
1.If the consumer purchased products from Spark Electronics and the purchase agreement was made by phone or online at the website of Spark Electronics, the consumer has the right to return the products during the time for reflection, without reason given. In such a case Spark Electronics proceeds according to Dutch law for purchases made by phone or online at the website of Spark Electronics (Dutch law 'Wet koop op afstand').
2. The time for reflection is legally 7 business days as specified in the Dutch law 'Wet koop op afstand'.
3. Products can only be returned in case the packaging and seals are not broken by the consumer. For that reason, Spark Electronics assembles their products in transparant packaging so the product can be checked by the consumer.
4. Before the consumer returns any purchased products, Spark Electronics has to be contacted first. Only registered/trackable and sufficiently stamped packages will be accepted.
5. The consumer has the right for a full refund of the purchase value of the product as stated at the invoice. Shipping and other extra costs will not be refunded.
Article 10. Price increments
1. If Spark Electronics agrees with the consumer on a certain price, Spark Electronics nevertheless entitled to increase the price.
2. If a price increase occurs during the first three months after signing or confirming of the agreement, consumers can terminate the agreement regardless of the percentage of the increase.
3. If the price increase takes place after three months after the signing or confirming of the agreement, the consumer has the right to dissolve the agreement if the price increase amounts to more than 5%.
Article 11. Payment
1. Unless otherwise agreed should payments be done by cash in advance.
2. If Spark Electronics sees fit, Spark Electronics may desire for a down payment of 25% of the total amount due on delivery.
3. If cash payment is not taking place, payment has to be done within 30 days after the invoice date unless otherwise agreed, in a way given by Spark Electronics and in the currency which is billed.
4. After the expiry of 30 days after the invoice date the right of the consumer is neglected by court, and the consumer is from the moment of omission due an interest of 1% per month, unless the statutory rate is higher, in which case the statutory rate applies.
5. In the event of bankruptcy or suspension of payment of the consumer, the claims by Spark Electronics and the obligations of the consumer are immediately due and payable.
Article 12. Collection charges
1. If the consumer is at fault or negligent in fulfilling one or more of its obligations, then all reasonable costs incurred to obtain satisfaction out of court are at expense of the consumer. Anyhow, the consumer is due money in the event of a claim:
- for the first Euro 2000: 15%
- for the remaining part up to Euro 10000: 10%
2. If Spark Electronics proves to have higher costs, which were reasonably necessary, these costs can also qualify for reimbursement.
Article 13. Liability
1. Spark Electronics' liability is limited to a second delivery of the products, or refund the purchase price
2. For defects in delivered goods, the liability applies as provided in Article 8 of these terms.
3. If the items are delivered by a third party, Spark Electronics is not responsible for delivery or defects of the delivered goods. Second delivery, refunds of the purchase price and liability as provided in Article 8 cannot be applied in such a case.
Article 14. Force majeure
1. Force majeure is in these terms and conditions understood to mean any external causes in addition to the Law and Jurisprudence (Dutch law 'Wet en Jurisprudentie'), whether expected or not expected to which Spark Electronics has no influence, but for which Spark Electronics is unable to fulfil its obligations.
2. Spark Electronics has also the right to invoke force majeure if the circumstance which (further) prevents fulfilment, occurs after Spark Electronics should have to observe its commitment.
3. During majeure the delivery and other obligations of Spark Electronics become suspended. If the period, in which fulfillment of obligations by Spark Electronics is not possible because of majeure, is longer than 8 weeks, both parties are empowered to dissolve the agreement without obligation to pay compensation in that case.
4. In case Spark Electronics already complied with its obligations partially at the onset of the force majeure, or only be able to partially comply with its obligations, she is empowered to separate the bill for the already delivered part and to be delivered part and the consumer is obliged to pay this invoice as if it was a separate agreement. However, this does not apply if the already delivered part or deliverable part has no individual value.
Article 15. Dispute Settlement
The judge in the city of Spark Electronics (Woerden, the Netherlands) has jurisdiction to hear disputes, unless the cantonal judge has jurisdiction. Nevertheless, Spark Electronics is empowered to sue consumers accordance with the Dutch law or jurisdiction.
Article 16. Governing Law
On any agreement between Spark Electronics and the consumer, the Dutch consumer law applies. The Vienna Convention is excluded explicitly.