Terms and conditions (business customers)

Version 05/10/2022

Table of contents: 

Article 1 - Definitions 
Article 2 - Identity of TrueBase 
Article 3 - Applicability 
Article 4 - The offer 
Article 5 - The agreement 
Article 6 - The price 
Article 7 - Compliance with the agreement and additional guarantee 
Article 8 - Delivery and performance 
Article 9 - Conditions for returns 
Article 10 - Reason for returns 
Article 11 - Payment 
Article 12 - Liability 
Article 13 - Retention of title 
Article 14 - Complaints procedure 
Article 15 - Disputes

Article 1 - Definitions 

In these terms and conditions, the following is understood under:

  1. Day: calendar day; 
  2. Digital content: data produced and delivered in digital form; 
  3.  Permanence agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period; 
  4.  Durable data carrier: any tool - including e-mail - that enables the customer or TrueBase to store information that is personally addressed to him in a way that prevents future consultation or use over a period of time that is tailored to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information; 
  5.  Customer: the natural or legal person who acts in the exercise of his profession or business; 
  6.  TrueBase: the natural or legal person who offers products, (access to) digital content and/or services to customers at a distance; 
  7.  Distance contract: an agreement concluded between TrueBase and the customer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement makes exclusive or joint use of one or more techniques for distance communication; 
  8.  Technology of remote communication: means that can be used for the conclusion of a contract, without the need for the customer and TrueBase to be in the same room at the same time. 
  9.  Website: TrueBase's webshop on which products and services are offered that can be purchased by customers.

Article 2 - Identity of TrueBase 

TrueBase 
A. Hofmanweg 75 
2031BH Haarlem 
Netherlands

Count: 088-9277206 
Email: klantenservice@truebase.nl 

Chamber of Commerce: 55022944 
VAT: NL8515.33.413.B01

Article 3 – Applicability

  1. These terms and conditions apply to any offer of TrueBase and any distance agreement concluded between TrueBase and client. 
  2. If the customer, in his order, contains confirmation or notice acceptance includes terms or conditions that differ from, or not appear in the terms and conditions, they are for TrueBase only binding, if and insofar as expressly stated by TrueBase in writing have been accepted. 
  3. Before the distance contract is concluded, the text of made these general terms and conditions available to the customer. If this is not reasonably possible, TrueBase will terminate before the agreement ends distance is concluded, indicate how the general terms and conditions can be viewed at TrueBase and that they are available at the request of the customer be sent free of charge as soon as possible. 
  4. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract becomes closed, the text of these terms and conditions by electronic be made available to the customer in such a way that it can be easily stored by the customer a durable data carrier. If this is not reasonably possible, will be made before the distance contract is concluded indicated where of the general terms and conditions by electronic means can be perused and that they will pass by at the request of the customer electronically or otherwise free of charge sent. 
  5. In the event that, in addition to these general terms and conditions, specific product or service conditions apply zijn, is the third and fourth paragraph applies mutatis mutandis and the customer can apply in case of conflicting conditions always rely on the applicable one provision most favorable to him. 
  6.  If any provision in these general terms and conditions proves to be null and void, tast this does not affect the validity of the entire terms and conditions. Parties will in that case adopt (a) new provision(s) to replace it, which as far as legally possible meets the intent of the original provision is formed

Article 4 - The offer

  1. If an offer has a limited period of validity or under conditions, this is expressly stated in the offer.
  2. The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to allow a proper assessment of the offer to enable the customer. If TrueBase uses images, are these a true representation of the offered products, services and/or digital content.
  3. The content of the website and the offer is the largest compiled with care. However, TrueBase cannot guarantee that all information on the website is correct and complete at all times. All prices, the offer and other information on the website and in others TrueBase-derived materials are therefore subject to obvious programming and typing errors.

Article 5 - The agreement

  1. The agreement is concluded at the time of acceptance by the customer of the offer and compliance with the stipulations requirements.
  2. If the customer has accepted the offer electronically, TrueBase will promptly confirm receipt of receipt by electronic means the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by TrueBase, the customer can cancel the agreement.
  3. If an offer is accepted by the customer, TrueBase has it the offer within 3 working days after receipt of the acceptance still to be revoked. TrueBase will immediately communicate such a revocation to the client.
  4. If the agreement is concluded electronically, TrueBase appropriate technical and organizational security measures the electronic transfer of data and ensures a secure web surroundings. If the customer can pay electronically, TrueBase will do so observe appropriate safety measures.
  5. If it appears that upon acceptance or otherwise entering into the incorrect information has been provided by the customer, TrueBase the right to fulfill its obligation only after the correct data has been received.
  6. TrueBase can - within legal frameworks - inform itself whether the customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible contracting the distance contract. If TrueBase under this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to implement it attach special conditions. TrueBase which by virtue of it investigation refuses the application or attaches special conditions connects, shares this as soon as possible but no later than 3 days after the conclusion of the agreement, stating the reasons, to the customer co.

Article 6 - The price

  1. All on the website and in other materials originating from TrueBase stated prices are exclusive of VAT (unless stated otherwise) and unless stated otherwise on the website, excluding other levies which of imposed by the government.
  2. Deviating from the previous paragraph, TrueBase products or services whose prices are subject to fluctuations in the financial market and where TrueBase has no influence, with variable prices offer. This bondage to fluctuations and the fact that any prices stated are target prices, are included in the offer listed.
  3. TrueBase has it from two weeks after concluding the agreement right to change the agreed prices. The customer who does not agree agrees with the change has the right to terminate the agreement without him being charged any costs brought by TrueBase.
  4. Any additional costs, such as delivery costs and payment costs are stated on the website and in any case in the ordering process shown.

Article 7 - Compliance with the agreement and extra guarantee

  1. TrueBase guarantees that the products, services and digital content comply with the agreement, the specifications stated in the offer, to the reasonable requirements of soundness and/or usability and the on the date of the conclusion of the agreement existing legal provisions and/or government regulations.
  2. If the delivered product, service or digital content is not complies with the agreement (defective or faulty delivery), then the customer must do so within a maximum of 3 working days after he has reasonably done so could have discovered to notify TrueBase. does customer If this is not the case, he can no longer claim any form of compensation, replacement, compensation and/or refund in respect of this defect.
  3. If TrueBase considers a complaint to be justified, the relevant products repaired, replaced or (partially) reimbursed. TrueBase can referring the customer to a manufacturer or supplier.
  4. If the customer returns on the basis of the provisions of this article, the customer can return the return products. If a refund is made amounts already prepaid, TrueBase will refund these amounts within 30 days after receipt of the products.
  5. Manufacturers and/or suppliers may offer their own guarantees. These warranties are not offered by TrueBase. If TrueBase chooses this, he can mediate in invoking these guarantees by customer.

Article 8 - Delivery and performance

  1. Once the order has been received by TrueBase, TrueBase will send the products with due observance of the provisions of paragraph 3 of this article, so soon as possible.
  2. TrueBase is entitled to engage third parties in the execution of the obligations arising from the agreement.
  3. The delivery period is in principle 30 days, unless stated on the website or at the conclusion of the agreement, is clearly stated otherwise. The carrier's choice is for TrueBase.
  4. If TrueBase does not deliver the products within the agreed term can deliver, he will inform the customer of this with notification of the te expect new delivery time. The Customer then has the right to terminate the agreement and also be entitled to compensation damage as a result of late or non-delivery up to a maximum of one time the purchase price if the late or non-delivery is due to intent or gross negligence by TrueBase. The customer shares TrueBase immediately his notification of late or non-delivery also informs whether he will still comply of the agreement or wishes to terminate it.
  5. If not expressly agreed otherwise, the risk of the deliver products to the customer as soon as they are specified delivery address have been provided. If the customer decides to pick up the products, goes the risk upon transfer of the products.
  6. If the customer or the third party designated by him on the agreed delivery time is not available at the delivery address to place the products receipt, TrueBase is entitled to return the products to take. TrueBase will deliver the products in consultation at an additional cost another time and/or another day to be determined with the customer offer customer. If delivery proves impossible, the payment obligation does not expire and any additional costs, also charged to the customer for the return.
  7. If the ordered item is no longer available, TrueBase will make every effort to offer a similar product of similar quality to customer. Customer is then entitled to dissolve the agreement free of charge.

Article 9 – Conditions for return shipments

  1. General return conditions. If you enter into a business agreement with TrueBase exists no automatic right of return as laid down by law for a consumer purchase. TrueBase will handle any return request individually and on the basis of the following conditions accept or reject. Every return request must be submitted digitally be requested via www.truebase.nl/klantenservice and to be approved by the TrueBase support team. Products can only backbe sent after a valid RMA number has been issued. Returns without a valid RMA number will not be accepted and/or returned treatment taken. An assigned RMA number is through 8 valid working days after issue; affected products should be within this term to be offered to TrueBase. It expires after 8 working days RMA number and the request will be closed automatically. There should be after a new return request has been submitted and approved become. Only products purchased from TrueBase can be returned. This is checked on the basis of invoice and/or serial numbers.
  2. Technical return conditions. Products that are returned must always be properly packaged before transport to prevent damage to the product and the prevent product packaging. If TrueBase receives products that are improperly packaged will incur 5 euros ex VAT packaging costs the return transport, plus compensation for any damage to the product will be charged. To unnecessary damage, To avoid problems or delays in the repair, the following should be done measures to be taken:

  • Always make one or more backups of your data and delete your data carefully before returning data carriers,
  • Warranty only applies to defects covered by the manufacturer's warranty. Software (including viruses) is not covered by warranty.
  • If applicable, provide the manufacturer's ticket number for faster processing.
  • Anonymize any customer data on invoices and communications if this data is different from your own data.
  • Accessories that do not originally belong to the original and defective product such as hard disks, memory modules, etc., should not be sent. TrueBase is not responsible for loss, damage or any other form of damage accessories and or articles other than for which the return shipment is accepted.
  • Items that are returned to TrueBase can only be be sent to the following address:

TrueBase 
Return [RMA NUMBER] 
A. Hofmanweg 75 
2031BH Haarlem 
Netherlands

  1. Responsibility and privacy. The responsibility and the shipping costs for returning products are entirely at the expense of the customer unless otherwise agreed. Damage, Unstamped or insufficient prepaid returns are not accepted. TrueBase goes handle its products and data with the greatest possible care customers. However, TrueBase is very explicit in any case responsible for possible loss, damage caused by loss, misuse or theft of data or any other form of damage in relation to data belonging to its customers.

Article 10. Reasons for return

  1. Defective products (RMA). The warranty conditions offered by TrueBase are an exact copy of the manufacturer's warranty conditions with a limitation of 24 months from date of purchase. These warranty conditions are available for inspection online at www.truebase.nl or via the official website of the respective manufacturer. Only when the manufacturer does not offer its own return policy, trade TrueBase the warranty according to the bring-in and return principle if the product meets the guarantee conditions. When no defect is found (non failure found, NFF) the item will be returned to the customer and TrueBase will have the right to research- and charge shipping costs with a minimum of € 25 ex VAT per NFF.
  2. Wrong delivery by TrueBase (MANCO delivery). Any wrong delivery (wrong product, too too much, too little, etc.) must be reported to TrueBase within 3 working days of arrival support team via customer service@truebase.nl stating order number or invoice number. Only unopened products original condition, without damage to the box, will be accepted for return. Transport costs for the return will be charged charged to TrueBase.
  3. Damaged delivery by TrueBase (Damaged Delivery). Any visible damage to the outside of an outer box or pallet be reported to the delivery person as a note on the proof of delivery delivery and also within 3 business days to the TrueBase support team via customer service@truebase.nl stating order number or invoice number with possibly a photo of the damage. If it it is very plausible or visible that the contents of the shipment is also damaged, the shipment must be returned refused. Transport costs for the return shipment are at the expense of TrueBase.
  4. Specific/exotic products (CRMA). Products that were specifically ordered and/or assembled for the customer with a manufacturer, supplier or TrueBase and featured online by the status "Out of stock / Delivered to order only." or on made known to the customer in any other way or reasonably it can be assumed that the order has been specially assembled or ordered cannot be taken back by TrueBase. If one manufacturer, supplier or TrueBase with leniency a return shipment accepts TrueBase or the manufacturer / supplier has the right here (restocking) costs. Transport costs and responsibility for the return shipment shall be borne by the customer.
  5. Wrong or canceled order by the customer. (CRMA) Returns are only possible after approval from TrueBase and under the following conditions unless otherwise in writing agreed by both parties:
  • Product is a current stock item 
  • The product is undamaged and unused 
  • The product is in its original, undamaged and unopened condition packaging 
  • Request up to 1 month after the invoice date
  • TrueBase has the right to refuse or refuse returns at all times charge with at least 15% restocking costs over the purchase value with a minimum of €25 ex VAT per item. Returns with a value under 25 euros ex VAT are not accepted. Transport costs and responsibility for the return shipment shall be borne by the customer.

Article 11 – Payment

  1. Customer must make payments to TrueBase according to the order procedure and any payment methods indicated on the website. TrueBase is free in the choice of offering payment methods and these may also change from time to time. Unless otherwise agreed in case of payment after delivery, a payment term of 14 days applies, starting the day after delivery.
  2. If the customer does not meet his payment obligation(s) on time, this without the need for a notice of default, by operation of law immediately in default. TrueBase has the right to charge the amount due to be increased by the statutory interest and TrueBase is entitled to the extrajudicial collection costs incurred by him and any charge legal costs and recover them from the customer.

Article 12 – Retention of title

  1. As long as the customer does not pay in full for the entire agreed amount, all delivered goods remain the property of TrueBase.

Article 13 - Liability

  1. Barring intent or gross negligence, the total liability of TrueBase against the customer due to an attributable shortcoming in the fulfillment of the agreement, limited to reimbursement of a maximum of the amount of the price stipulated for that Agreement (including VAT). If there is a continuing performance contract, then the intended liability is limited to compensation of the amount that customer puts in the 3 months prior to the harmful event to TrueBase was due.
  2. TrueBase's liability towards customer for indirect damages, including in any case – but expressly not exclusively – this consequential damages, lost profits, lost savings, loss of data and damage due to business interruption is excluded.
  3. The previous paragraphs do not apply to damage suffered by the customer ago in the resale by customer of the purchased from TrueBase products to consumers, due to the fact that the latter against the customer due to a defect in those products one or more of has exercised its legal rights in respect of that default.
  4. Insofar as compliance is not already permanently impossible, the liability of TrueBase to customer due to attributable failure to comply with agreement only after customer TrueBase has immediately and properly given notice of default in writing, stating a reasonable term to remedy the shortcoming, and TrueBase also after the expiry of that term in its performance obligations continue to fall short. The notice of default serves a contain a detailed possible description of the shortcoming, so that TrueBase is able to respond adequately.
  5. A condition for the existence of any right to compensation is always that the customer will repair the damage as soon as possible, but at the latest within 14 days, after the occurrence thereof in writing to TrueBase.
  6. In case of force majeure, TrueBase is not obliged to pay compensation any damage caused to the customer as a result.

Article 14 – Complaints procedure

  1. TrueBase has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted due time after the customer has discovered the defects, completely and clearly defined and submitted to TrueBase.
  3. Complaints submitted to TrueBase will be processed within a period of 14 days calculated from the date of receipt. If a complaint a foreseeably requires longer processing time, is received by TrueBase within the period of 14 days replied with acknowledgment of receipt and an indication when the customer can provide a more detailed answer to expect.

Article 15 - Disputes

  1. On agreements between TrueBase and the customer on which these general terms and conditions relate exclusively to Dutch law application.
  2. Should any disputes arise as a result of the Agreement, those cannot be settled amicably, then these will be submitted to the competent court of the district where TrueBase is located. TrueBase and customer can agree their settle disputes by way of binding advice or arbitration.