Renewtech Web Site Terms of Use

 

This Site is Copyright © 2019 – 2020 Renewtech. All rights reserved.

Welcome

These Renewtech Web Site Terms of Use (“Terms”) govern all Renewtech.com web pages (“Site”).

By accessing, visiting, or otherwise using the Site, you agree to be bound by the Terms.

 

  1. Renewtech B.V. websites like www.renewtech.com.

 

  • These websites are operated by Renewtech B.V. whose registered office is at Casablancaweg 10, 1047 HP Amsterdam the Netherlands.
  • RENEWTECH IS A RESELLER OF NETWORKING EQUIPMENT AND OFFERS SEVERAL SERVICES, SUCH AS B2B REPAIR, CONFIGURATION & STAGING AND THIRD-PARTY MAINTENANCE.
  • These websites are intended for use by Renewtech and customers and prospective customers. Persons who use this website are bound by Renewtech Terms and Conditions. Please review these Terms and Conditions, before using this website or placing an order.
  • We provide access to and use of the Renewtech websites subject to the following terms and conditions which may be updated by us without notice to you.

 

BY USING OR ACCESSING THESE WEBSITES YOU WILL BE DEEMED TO HAVE ACCEPTED THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS PLEASE CEASE USING THE WEBSITE.

 

  1. Definitions

 

  • “Business Customer” means a customer who is not a Consumer;
  • “Consumer” means an individual who is not acting for the purposes of his or her business or profession;
  • “Renewtech” also referred to as “we” or “us” in these Terms and Conditions;
  • “Catalogue” means the catalogue of products and services offered by Renewtech;
  • “Force Majeure” means any cause affecting the performance by Renewtech of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party;
  • “Normal Working Hours” means 8.30 am to 5:30 pm on a Working Day;
  • “Working days” means Monday to Friday, excluding Bank or other Public holidays;
  • “Website” means the Renewtech internet website(s), accessed through the addresses renewtech.eu;
  • “Privacy authority” means the independent and public Data Protection Authority established by a Member State according to Article 51 GDPR;
  • “GDPR” means the General Data Protection Regulation;
  • “Customer” means a customer or potential customer of Renewtech;
  • “Controller” means the entity that determines the purposes and means of the processing of Personal Data;
  • “Breach of Data” means a security breach leading to the unlawful or accidental loss, destruction, unauthorized disclosure, alteration of, or access to, Personal Data stored, transmitted or otherwise processed;
  • “Subject of Data” means the individual or entity to which the Personal Data relates;
  • “Personal Data” means any information in relation to the Subject of Data;
  • “Processing” means any individual or set of operations which is performed on the Personal Data, by manual or automatic means such as (but not limited to) erasure of destruction, collection, recording, storage, use, retrieval, alteration, adaption, consultation, organization, disclosure by dissemination, transmission or otherwise;
  • “Processor” means a entity which takes care of the processing of Personal Data on behalf of the Controller;
  • “Sub-processor” means any entity entitled by the Processor which processes Personal Data;
  • “Products” means the products listed for sale on web shops, which can be purchased by the Customer;
  • “Terms and Conditions” means the terms and conditions for access to the Renewtech web shop systems by the Customer and its Users and the Renewtech Terms and Conditions of sale, which deal with the commercial and trading aspects between the Customer and Renewtech.

 

  1. Orders

 

  • All quotes, contracts and/or orders of sales made by Renewtech shall be deemed to incorporate these terms and conditions (within and outside the Netherlands), which shall prevail over any other terms from the Customer. Cancellation of orders by Business Customers is not accepted as many orders are dispatched on the same day the order is placed. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection Regulations. Nothing in these terms and conditions is intended to impinge upon a Consumer’s statutory or contractual rights to reject faulty goods.
  • All orders are subject to acceptance and to availability of the goods ordered: Renewtech is entitled to refuse any order placed by you.
  • You undertake that:
    all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct;
  • Please note, Renewtech may record and/or monitor inbound and outbound calls and electronic traffic for training purposes.
  • All orders and offers in writing are stated without VAT and freight costs.

 

  1. Prices

 

  • All prices are exclusive of any applicable Value Added Tax (VAT) or any other sales taxes, for which (if applicable) the Customer shall be additionally liable.
  • Renewtech has the right, by giving notice in Writing to the Customer at any time before delivery, to increase the price of the Goods to reflect any changes in specifications for the Goods which are requested by the Customer or are necessary as a result of any delay caused by (a) the Customer’s instructions or (b) the Customer’s failure to provide adequate information or instructions to the Seller.

 

  1. Ordering

 

  • Ordering from within or outside the EU, we provide you with multiple ways of placing your order:
    1. on the Internet through our internet sites
    2. by telephone: +31 (0)20 792 01 77
    3. by e-mailing your Purchase Order
  • We will confirm receipt of your order by e-mail.
  • We will confirm that your order has been accepted by e-mail.
  • We will confirm that your order has been dispatched with its tracking number by email.
  • Please note that we use the e-mail address that you have given us either on the web, on the phone, or by fax.

 

  1. Delivery, Title and Risk

 

  • For all delivery questions please see the email that has been dispatched with its tracking number by email.
  • Renewtech shall use reasonable endeavors to dispatch goods by the date agreed with the customer, but do not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. A customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.
  • In the case of a Business Customer, if Renewtech are unable to deliver the goods within 90 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Renewtech in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to Renewtech after the above date but before delivery of the goods or notification from Renewtech that the goods are ready for delivery.This Clause does not apply to Consumers.
  • In the case of Business Customers, Renewtech do not accept liability for shortages or damage to deliveries unless the Customer notifies Renewtech of the shortage or damage in writing within 48 hours of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.
  • Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
  • The Goods are at the risk of the Customer from the time of their delivery by the Seller to the Designated Carrier. If for any reason the Customer will not accept delivery of any of the Goods when they are ready for dispatch to the Designated Carrier, or the Seller is unable to dispatch the Goods to the Designated Carrier on time because the customer has not provided appropriate instructions, documents or authorizations, risk in the Goods will pass to the Customer (including for loss or damage caused by the Seller’s negligence) from the moment of attempted delivery, the Goods will be deemed to have been delivered, the Seller may store the Goods until delivery whereupon the Customer will be liable for all related costs and expenses and Condition 4.2 shall apply.
  • Title in the goods does not pass to the Customer until Renewtech receive payment in full.
  • If the Customer cannot accept delivery, Renewtech may at their option: (i) store and insure the goods at the Customer’s expense and risk or (ii) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (iii) re- arrange delivery provided that Renewtech may charge the Customer for the additional delivery costs incurred.
  • The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and Renewtech shall use reasonable endeavors to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
  • Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. Renewtech shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.
  • Delivery terms:
    1. Standard delivery:
      With standard delivery you receive your complete order within 1 to 7 days, from the point when all the items in your order are in stock.
    2. Same Day Delivery:
      Please speak to Renewtech for details.
    3. Part Shipping
      If you order more than one item – it is possible that they could be on different lead-times and therefore you could request various deliveries and will be charged for all extra deliveries above the standard.
    4. Shipping to various locations
      Some customers purchase centrally and wish to have various items delivered to various offices; this can be done after the relevant security checks are clear and the added costs covered.We deliver to most countries in the world. Shipment is done via FedEx, DHL and UPS or a comparable market leader of the international (air) express industry. Express delivery within the EU for Next -day delivery and for 2 day delivery is ONLY available on items which are in stock at our warehouse. Once the dispatch of your order is realized the delivery time is up to 2 days maximum for our EU costumers.Please note that since we do not deliver on weekends, your order placed on a Friday will be delivered to you by the following Tuesday providing that your product is in stock at our warehouse.Please note that Renewtech will not be liable in the eventuality of late deliveries.
    5. Availability

 

  • Our websites are regularly updated throughout the day, to ensure that we provide accurate details on product availability and the listed lead-time is regularly updated. We endeavor to ensure availability on all our advertised items is constant, however we cannot warranty availability. In the unlikely event that your chosen item is unavailable we will contact you ASAP to advise of expected delivery dates. If a product that has been ordered is still not available after the indicated waiting period has elapsed, we will contact you by e-mail or by phone in order to propose an extension to the waiting period or to suggest a different product. If a product is shown as being out of stock in our internet site there is still a chance that one of our suppliers may have stock.

 

  1. Payment

 

  • There are different ways to arrange payment, whether you are ordering online, by PayPal, iDeal, and/or several credit cards.
    1. On Account – Please fill in the Credit Application and Authorisation Form, once we have received this we apply for an insured credit limit from Coface. This process can take up to a week, once complete we can than offer 8 days credit up to the insured limit offered to us.
    2. Bank transfer payment: Renewtech offer the opportunity to pay by bank transfer. Please note that Bank transfers from abroad will only be accepted if the additional transfer costs are paid by the customer. Your payment will be processed when your bank transfer is received. Once your payment received we will dispatch your goods. The processing of off- line payments may take several days.
    3. By telephone: Through our customer service on +31 (0)20 792 01 77If you place an especially high-value order we reserve the right to contact you for further confirmation of your order details, prior to authorisation.
  • Please note that for security reasons Renewtech reserve the right to ask its clients for a bank transfer payment for a first transaction. Moreover, for security reasons Renewtech reserve the right to call its first time clients upon receipt of their orders.
  • Please note that if our insurance company and our fraud department suspect a fraud we reserve the right to cancel a transaction for security purposes.
  • Renewtech standard terms of payment for credit account customers are net 5 days from the date of the invoice, and these will apply except in the case of transactions where different terms are agreed in writing. If payment is not made on the due date, Renewtech will be entitled to charge interest daily on the outstanding balance at the rate of 15% above 3 months EURIBOR base lending rate from time to time.

 

  1. Data Protection

 

  • Renewtech may process Personal Data of Data Subjects as a Processor, or as a Controller. Renewtech may process Personal Data of Third Parties and/or the Customer for the conclusion and execution of agreements or for the processing of orders, arranging for shipments, debt collection, administration, customer satisfaction surveys, marketing or any other purpose agreed between the Parties.
  • Renewtech and the Customer have their own responsibilities under the applicable data protection laws (GDPR and applicable national laws and regulations) and shall comply with it. The parties’ rights and obligations with respect to processing of Personal Data shall be in accordance with these data protection laws.
  • If Renewtech receives Personal Data from the Customer in the context of the agreement, Renewtech shall qualify as the Controller of the Personal Data (unless the Personal Data is from Third Parties). This could be Personal Data of an director or employee of the Customer (example).
  • Renewtech could process Personal Data from Third Parties (for the purpose of delivering ordered goods), being clients/customers and received from or on behalf of the Customer. In this case, Renewtech shall qualify as a Processor and the Customer shall qualify as Controller of the Personal Data and they shall apply the following provisions (also known as the ‘privacy policy’):
    • Renewtech processes Personal Data in accordance with the written instructions as provided by the Customer. The Customer shall only provide Personal Data to Renewtech as strictly necessary for the purpose and shall ensure that this disclosure shall be in accordance with the applicable data protection laws.
    • Renewtech shall take technical and organisational measures, taking into account the costs of implementation and the context, purpose, nature, scope, context of processing, as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons. These are aimed to prevent the unnecessary disclosure, collection and any further processing of Personal Data. Renewtech shall adjust the organizational and technical measures from time to time when necessary for these purposes.
    • Renewtech ensures that only its employees have access to the data as reasonably necessary for the purpose. Such employees shall be bound by written confidentiality obligations.
    • No Personal Data shall be shared with Third Parties by Renewtech, unless required to do so by a binding decision from a government agency, virtue of mandatory rules, or an order to do so by a competent court.
    • In the event of a Data Breach, the Customer shall be informed by Renewtech within 48 hours from notice. Renewtech shall take all reasonable measures (at reasonable costs) to minimize the impact of the Data Breach. The parties will share all reasonable costs equally, taking into account their respective share in the cause of the Data Breach. The Customer shall be the sole responsible party for notifying the Authority and Data Subjects. Renewtech shall provide reasonable assistance to the Customer in relation to the Data Breach if requested.
    • The Customer gives Renewtech permission to engage Sub-processors in the processing of Personal Data, in accordance with the applicable privacy laws. Renewtech will inform the Customer of the Sub-processors engaged if requested. The Customer has the right to object to or reject any Sub-processor proposed and/or engaged by Renewtech. If the Customer objects to third parties engaged by the Renewtech, the Parties will have to reach a reasonable solution.
    • Renewtech will in any case ensure in writing that such Sub-processors accept the same obligations as were agreed with regard to the processing of Personal Data, as well as regarding safety measures. Renewtech shall be and remain responsible for the data processing towards the Customer.
    • If a Data Subject submits a request or objection based on articles 15 to 21 of the GDPR, Renewtech shall send this request to the Customer immediately, which shall take care of the response. Renewtech shall assist the Customer to fulfil its obligations in this respect.
    • The Customer has, in accordance with the GDPR, the right to ask and receive information regarding the processing of the Personal Data by Renewtech, as reasonable for compliance and monitoring and to enable audits, performed by an independent EDP auditor. The costs of such audit shall be borne by the Customer. Renewtech shall also assist the Customer, to a reasonable extent, in its conduct of data privacy impact assessments.
    • Unless otherwise agreed each party will be liable for their own Processing activities.
    • Renewtech’s liability for loss suffered by the Customer is limited to gross negligence, willful recklessness and/or intentional acts of Renewtech. In any case, Renewtech’s liability is limited to the compensation for Direct Loss and to a maximum amount of the respective invoice corresponding with the order, but shall in no case exceed an amount of EUR 20.000 (twenty thousand euro’s) per event (a series of consecutive events counts as a single event).
    • Renewtech is explicitly not liable for the loss (as a result of a fine being imposed on it by (one of) the Authorities) suffered by the Customer. This applies unless the (or any part of the) fine has been imposed on the Customer in connection with an willful recklessness, intentional act or gross negligence on the part of Renewtech in the performance of its obligations that can only and solely be attributed to Renewtech, for that part, and provided that the Customer has done everything in their power to prevent or reduce the fine.
    • Unless performance by Renewtech is permanently impossible, and subject to the limitations herein, Renewtech shall only be liable in connection with the performance of its obligations if the Customer gives Renewtech written notice of default without delay and grants Renewtech a reasonable term in which to remedy the failure, and Renewtech continues to attributably fail to comply with its obligations even after this term has lapsed. The notice of default must describe the failure as comprehensively and in as much detail as possible in order to give Renewtech the chance to respond adequately. Explicitly excluded is any liability of Renewtech for any damage or claims caused by any circumstances beyond Renewtech’s reasonable control (Force Majeur).
    • Any claim for compensation by the Customer against Renewtech that is not specified and explicitly stated shall be barred by the mere expiry of twelve (12) months following the inception of the claim. The Customer indemnifies and holds Renewtech harmless for any damage or claim caused by or attributable to the Customer, including claims by Data Subjects. This indemnification includes fines imposed on Renewtech by any Authority, which are based on non-compliance with the data protection laws caused by or attributable to the Customer (at least, for that part).
    • Renewtech shall process the Personal Data as long as necessary for the purposes indicated above, or longer to comply with its legal obligations such as (statutory) retention periods (and for that term). After termination of the Agreement, or expiry of an applicable retention period, Renewtech shall destroy the Personal Data received (including copies thereof) from the Customer without delay.

 

  1. Product specifications

 

  • Renewtech makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.
  • If Renewtech cannot supply the goods ordered by the Customer, Renewtech reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Renewtech in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.

 

  1. Trade names and Trade Marks

 

  • Trade names and marks (other than Renewtech) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
  • In the case of component purchases, Customers requiring a particular brand of product should, before placing an order, check with us the identity of the manufacturer of component it is proposed to purchase.
  1. Warranties and Returns

 

  • Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause.
  • Customers who are Consumers are referred to Clause 17.
  • Renewtech are committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
  • Unless otherwise stated in the manufacturer’s documentation, all goods delivered to a EU address carry a 12-month (manufacturer’s) warranty.
  • If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
  • If you purchase services in the course of your business, the following provisions of this Clause shall apply. Renewtech shall use its skill and expertise to carry out any contracted works (the “Service(s)”) to a standard equivalent to that of a competent computer professional, and shall warrant our work as free from defects, for a period of 30 days after completion. In particular, we cannot be held responsible for any fault or damage not caused by Renewtech services’ engineers or its contracted agents. In the event of a claim arising relating to the level of skill and judgement applied in the course of providing Services, Renewtech reserves at its sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Service(s).Additionally, Renewtech cannot be held responsible for equipment installed or configured when the equipment has subsequently been altered or configured by persons other than Renewtech. Except as set out here, all other express or implied terms or warranties relating to the Services are excluded to the fullest extent permitted by law.
  • Subject to the right of Consumers to return goods for refund under The Consumer Protection Regulations (see Clause 16), Renewtech do not sell products on a trial basis. Customers are strongly advised to check suitability and specifications of products before ordering.
  • In the event that Renewtech, at their discretion (unless the Consumer Regulations apply, (see Clause 16), agrees to accept the return for credit of unwanted products, the goods must be returned with Renewtech’s prior written agreement within 7 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances (except where the Consumer Protection Regulations apply, (see Clause 16) will be subject to a handling fee of 25% of Renewtech’s sale price for the goods, or €100, whichever is the greater.
  • Subject to testing to verify any alleged fault, we will accept the return of defective goods for full refund or replacement at our option, if, but only if, the goods are returned within 7 days of delivery. Consumers who wish to return defective products are not obliged to follow the processes set out below, but are recommended to do so as this helps us to provide a more efficient returns service.
  • Renewtech’s technical support staff or Customer Support staff, as appropriate, will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us.If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorised product returns must be sent to: Customer Returns, Renewtech, Casablancaweg 10, 1047 HP Amsterdam the Netherlands.
  • Renewtech offer a “no charge” collection, repair and delivery service (on the EU only) for hardware that is shown to be faulty provided that the fault is reported within 7 days of delivery. If we have arranged for a courier collection of your product, we are unable to specify the collection time, and it is your responsibility to ensure that someone will be present at the collection address when the courier arrives.
  • All returned goods (except those returned under Clause 16) must be accompanied by Renewtech’s Returns Material Authorization number form (‘RMA Number’ form) which can be obtained by contacting Customer Support on +31 (0)20 792 01 77. Returned goods will not be accepted without an RMA Number form. Do not write directly on the manufacturer’s packaging. Please use the RMA number form provided with the Returns Material Authorisation and attach it to the returned package. Any defacement of the manufacturer’s packaging or damage caused by inadequate packaging may result in the rejection of the return or an additional restocking fee, at Renewtech’s sole discretion.
  • Renewtech cannot accept liability for packages damaged during transit. It is the Customer’s responsibility to wrap the product adequately to prevent damage.
  • Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
  • On receipt of the returned product, we will test it to identify the fault you have notified to us.
    1. If following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also. This Clause does not apply to Consumers returning goods pursuant to Clause 16.
    2. All goods delivers to an EU mainland address carry a warranty accordantly to the Manufacturer’s terms and condition. Please contact the Manufacturer for more information. Customers who wish to make a warranty claim must comply with the manufacturer’s instructions and warranty procedure. In order to resolve your problem as quickly as possible, we may refer you to the product manufacturer who will deal directly with the return. In these instances, we will provide you with the contact information for the relevant manufacturer. If you are a consumer, this does not affect your statutory rights.
    3. This warranty shall not apply if the goods have been worked upon, altered or damaged in any way by the Customer or its employees or agents, or to goods not used in accordance with the manufacturer’s instructions.
    4. No software on which seals have been broken can be returned for credit. If any software discs are faulty, the manufacturer will replace them. If you are a consumer this does not affect your statutory rights. Please note Software Licenses are non-returnable unless the software is materially non-compliant with its specification or the physical media on which it is supplied is defective.
  • Some manufacturers require goods to be returned within 7 days or less in order to secure refund. In such instances the manufacturer’s time limit will apply and therefore Renewtech will only accept a return within 7 days of purchase or the manufacturer’s time limit, if that limit is less than 7 days. We can only accept the return of a defective product that does not meet the description, if they are returned to us within 7 days. Beyond that period you will be deemed to have accepted the goods and you must therefore check the goods promptly on receipt.Please note that this period is reduced to 2 days for clearance bargains and, products as set out in clause 15.
  1. Renewtech’s liability

 

  • In its dealings with Business Customers, Renewtech shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Renewtech’s liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
  • Nothing in this agreement shall limit Renewtech’s liability for death or personal injury caused by its negligence.

 

  1. Health and Safety

 

  • Renewtech confirms that the goods it supplies as a distributor do not present a hazard to health and safety when (i) properly used for the purpose for which they are designed; and (ii) if the Customer takes reasonable and normal precautions in their use.
  1. Force Majeure

 

  • Where, in spite of its reasonable efforts, Renewtech is unable to perform an obligation due to circumstances beyond its reasonable control, it shall not be deemed to be in breach of its contract with the Customer.

 

  1. Special Rules for Clearance Bargains & Non-Current Catalogue Requests (‘NCCR’) Products

 

  • Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 15. Customers who are Consumers are referred to Clause 16.
  • Goods sold as ‘Clearance Sales’ are downgraded goods that Renewtech is able to offer at a discount on the normal price. Stocks of goods offered as Clearance Bargains are limited and such goods are sold subject to the following special rules. These special rules apply in addition to, and in the event of any conflict override, all of Renewtech’s other terms and conditions, except those terms and conditions specifically covering Consumers.
  • Clearance Sales are graded according to the condition of the goods, which is described at the point of sale. The length of the guarantee (if any), with the benefit of which the goods are sold, is specified in the description of the relevant grade.
  • Clearance Sales, by their very nature, have limited availability. Upon receipt of an order for Clearance Sales, Renewtech will check stock availability. Until stock availability is confirmed to the customer, a contract for sale will not be created and no payment will be debited from the customer.
  • All goods sold by Renewtech as ‘Non-current catalogue requests’ (‘NCCR’) or ‘Specials’ are sold subject to the following special rules that apply in addition to Renewtech’s other terms and conditions.
  • Products are non-returnable unless we have made an error or the goods are faulty;
  • Quoted prices are valid for 14 days only, and
  • Quoted prices are not subject to value, cash or volume discounts.

 

  1. The Consumer Protection Regulations

 

  • Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the Renewtech website, fax or telephone, are, with the exception of certain excepted contracts, subject to The Consumer Protection Regulations (‘the Regulations’).
  • If the Regulations apply, Customers may cancel goods purchased from Renewtech by sending a written notice of cancellation by post or hand delivery addressed to Customer Services at Renewtech, Casablancaweg 10, 1047 HP Amsterdam, the Netherlands.
  • The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.
  • The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to Renewtech, the Customer is under a duty to make the goods available for collection at the Customer’s expense from the address to which they were delivered.
  • The Customer is under a duty to retain possession of the goods whilst awaiting return to Renewtech and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.

 

  1. Errors and Omissions
  • Renewtech makes every effort to ensure that all prices and descriptions quoted in its catalogue and on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, Renewtech will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer’s order and/or received payment from the Customer.Renewtech’s liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Renewtech after the manifest error has been discovered.
  • A ‘manifest error’, as the term is used in sub-paragraph 17.1 above, means, in relation to an incorrect price, a price quoted in error by Renewtech which is more than 10% less than the price that would have been quoted had the mistake not been made.

 

  1. Sale and Purchase
  • Renewtech shall sell and the Customer shall purchase such quantities of the Products as may be ordered by the Customer using Open Online, upon these Terms and Conditions.

 

  1. License
  • Renewtech grants you a non-exclusive license to use this website subject to these terms and conditions.
  • Renewtech may terminate this license at any time without notice to you.
  • Your access and/or use of the website constitute your acceptance of these terms and conditions which apply to all pages on the website and for all entry points into the website.

 

  1. Intellectual Property
  • All rights including those in copyright in the content of the website are owned by, licensed to or controlled for these purposes by Renewtech (“the Content”). The Content includes, but is not limited to, the website’s design, layout, look, appearance and graphics. It is protected by intellectual property laws including, but not limited to, copyright and trade mark laws. Accordingly, the Content may not be copied, reproduced, republished, downloaded, posted, broadcasted or transmitted in any way except for your own private non-commercial use. Any other use requires written permission from Renewtech.
  • The re-distribution, re-publication, or otherwise making available of the material on these websites to third parties without the prior written consent of Renewtech is prohibited.
  • Without limiting the foregoing, no part of the websites may be distributed or copied for any commercial purpose, reproduced, transmitted or stored in any other website or other form of electronic retrieval system without prior written permission from Renewtech.
  • Unauthorised use of these websites may give rise to a claim for damages and/or be a criminal offence.

 

  1. Website Information
  • The information in these websites are given in good faith and is subject to change without notice. Except to the extent expressly provided in Renewtech’s sales terms and conditions, if applicable, Renewtech is not responsible for any inaccuracies and (except as set out in clause 6.4) makes no representation and gives no warranty as to its accuracy.
  • The information in these websites should not be relied on and do not constitute any form of advice or recommendation. By using these web sites you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to on the websites are entirely at your sole risk and responsibility.
  • The sales information on these websites are an invitation to treat only and is not intended to be nor should be construed as an offer to enter into a contractual relationship.

 

  1. Linking
  • The websites contains links to other websites. Any Content downloaded or otherwise obtained from the websites are obtained at your own risk. renewtech accept no responsibility or liability for the content of other websites which are not under the strict control of renewtech. Any link is not intended to be, nor should it be construed as an endorsement of any kind by renewtech of that other website.
  • You may not create a link to these websites from another website or document without renewtech’s prior written consent.

 

  1. Liability
  • Except to the extent expressly provided in Renewtech’s Terms and Conditions of Sale, if applicable, Renewtech make no warranty, express or implied, or representation whatsoever regarding the websites or the Content or any advertising, services or products provided through or in connection with the websites.
  • Renewtech do not guarantee that use of these websites will be compatible with all hardware and software which may be used by visitors to the sites.
  • Except as set out in clause 27.4, Renewtech will be under no liability to you whatsoever whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the use of this websites or the use, accessing, downloading or relying on any information or other materials contained in these websites, including, without limitation, as a result of any computer virus or any malicious computer code.
  • These terms and conditions do not exclude Renewtech’s liability (if any) to you for personal injury or death resulting from Renewtech’s negligence, for fraud or for any matter which it would be illegal for Renewtech to exclude or to attempt to exclude its liability.

 

  1. Privacy

Renewtech’s privacy policy forms part of these terms and conditions.

 

  1. Changes to content of the Websites
  • Subject to clause
  • Renewtech may change the contents of the websites from time to time in its sole discretion without notice to you.
  • Renewtech may vary these terms and conditions from time to time by posting the varied terms and conditions on these websites. If Renewtech make any substantial changes to these terms and conditions, Renewtech will for a reasonable time thereafter take reasonable steps to bring to the attention of visitors to these websites the fact that these terms and conditions have been revised. You are advised to check these terms and conditions from time to time.

 

  1. Viruses

Renewtech do not warrant that the websites or access to them will be error-free or that the websites or the servers that make them available will be free of viruses or bugs or other malicious code.

 

  1. User Conduct – Security
  • You agree not to:
    1. disrupt or interfere with the security of, or otherwise abuse, the websites, or any services, system resources, accounts, servers or networks connected to or accessible through the websites or affiliated or linked websites;
    2. disrupt or interfere with any other user’s enjoyment of the websites or affiliated or linked websites; and
    3. transmit through websites spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailing.
    4. you agree that you will not upload or attempt to upload, post or otherwise transmit on the websites any Content of any sort including without limitation any defamatory, obscene or unlawful content or content which would otherwise infringe any third party rights or be likely to cause offence.
  • You agree to indemnify and hold harmless Renewtech for any breach by you of these obligations as set out under this Clause 31.
  • Renewtech will issue existing account holders with a valid user name and password for use on the websites to view their account information. You are responsible for your user name and password. An accountholders user name and password are for the account holders use only and may not be shared with or disclosed to anyone else.
  • Once you become an account holder, you agree not to use the user name or password of any other account holder or permit any other account holder to use your user name and/or password at any time. You agree to notify Renewtech immediately if you know or have any reason to suspect that the security of your user name and/or password has been breached.

 

  1. Severance

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any jurisdiction in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable it shall be severed and deleted from these Terms and Conditions and the resultant Terms and Conditions shall remain in full force and effect.

 

  1. General
  • Nothing in these terms and conditions affects your statutory rights as a Consumer.
  • If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
  • Any waiver of a breach of this Agreement must be in writing.
  • Any variation of this Agreement must be in writing and signed by a duly authorized Renewtech official.
  • The headings are for convenience only and shall not affect the interpretation of this Agreement.
  • Any notices given under this Agreement shall be in writing and sent (i) by first class pre-paid post to the last known address of the party; or (ii) by fax to their last known fax number; or (iii) by e-mail to the last notified e-mail address of the party.
  • These terms and conditions shall be governed by and construed in accordance with the laws of the Netherlands and the parties submit to the exclusive jurisdiction of the Dutch courts in respect of any matter arising in connection with these Terms and Conditions and/or these websites. These website are controlled and operated by Renewtech from its offices in EU.