1. General

 

1.1 The general terms and conditions of sale and delivery shall apply to all legal acts, such as, but not limited to, agreements regarding the sale and delivery of goods and the rendering of services by RepairTopper (hereinafter, “RepairTopper”). More specifically, these general terms and conditions shall apply to the sale and delivery of remanufactured mobile phones, tablets and matching accessories (hereinafter, the “Goods”).

 

1.2 Deviations from these Terms and Conditions shall only apply if RepairTopper has confirmed the aforementioned deviations in writing. Herewith, the applicability of the general terms and conditions of the contracting party (hereinafter, the “Customer”) are explicitly excluded. 

 

1.3 In case of total or partial nullity, or otherwise invalidity of one or more stipulations of these conditions, the other stipulations shall remain in full force. Parties will draft a new provision in accordance with the spirit of these conditions.

 

1.4 No act or omission on the part of RepairTopper in relation to these terms and conditions (including whether or not the tacit acceptance of any deviation) will be interpreted as the permanent waiver or limitation of any right held by RepairTopper.

 

1.5 Communication between the Customer and RepairTopper by means of the internet and/or e-mail, shall be considered as legally binding.

 

2. Quotations

 

2.1 Quotations made by RepairTopper are without engagement. A quotation accepted by the Customer can be withdrawn by RepairTopper within 5 (five) working days after acceptance and without additional costs. Notwithstanding the provisions of article 2.5, quotations accepted by the Customer cannot be withdrawn without the written consent of RepairTopper. If RepairTopper agrees to the cancellation of an order prior to delivery of the Goods, then the Customer shall be charged for all costs and expenses made by RepairTopper in connection with the order execution. This includes shipping costs and potential repair and administration costs . The Customer has no right to dissolve an agreement which has been fully executed. 

 

2.2 A quotation accepted by the Customer via the website of RepairTopper is only valid if the Customer has used the digital order form, displayed on this website. Any agreement concluded in this manner is legally binding without any further written confirmation or signature being required.

 

2.3 Provided data, to the extent that no specific guarantees are given, will be deemed informative, from which RepairTopper can deviate.

 

2.4 RepairTopper has the right to implement reasonable changes in regards to the number, quality and/or composition of the Goods to be delivered, as well as the place of delivery and the manner in which the Goods are delivered.

 

2.5 Before the Customer is considered a consumer, the Customer will get a reflection time of 30 (thirty) days after the conclusion of the agreement. Within this period, the Customer can dissolve the agreement in writing. If the Customer makes use of his right to terminate the agreement within this period, the agreement shall be deemed nonexistent. If Goods of RepairTopper have already been delivered to the Customer, then the Customer is obliged to return the Goods, in accordance with RepairTopper’s instructions. These instructions are listed on RepairTopper’s website. The Customer does not have the legal right to dissolve the agreement if RepairTopper has delivered a product or service that, by its nature, cannot be returned. 

 

 

DELIVERY OF GOODS

 

3. Pricing and Payment

 

3.1 Prices are based on delivery DAP RepairTopper (Incoterms latest version), excluding packaging, taxes and surcharges.

 

3.2 In addition to the agreed upon prices, RepairTopper shall separately charge the Customer for the Private Copying Levy (‘Thuiskopie heffing’), based on the Dutch Copyright Law (‘Auteurswet’), unless agreed otherwise in writing or in case the levy is not applicable for the specific order. 

 

3.3 Prices are in euro. If specific order prices come under a different currency, the purchase shall be done based on the exchange rate against euro applicable on the order date. If at the date of invoice the exchange rate deviates with 2.5 % or higher, RepairTopper will be entitled to fix the contract price anew, based on the then-applicable exchange rate. 

 

3.4 In the event that the total cost price of the Goods increases by more than 2.5%, RepairTopper will be entitled to raise the offered and/or agreed-upon price. The aforementioned does not give the Customer any right to terminate the contract, partially or entirely.

 

 3.5 Payment will be made in accordance with the payment method indicated on the RepairTopper website (online payment method or a direct bank transfer).

 

3.6 RepairTopper is at all times entitled to settle its claims regarding any debt of RepairTopper or its group companies to the Customer.

 

3.7 In the event of non-payment or late payment, the Customer shall be liable to pay to RepairTopper legal interest as well as any extrajudicial (with a minimum of EUR 75, or 15% of the amount due, if higher) and judicial costs. 

 

 

4. Delivery

 

4.1 Delivery will be in accordance with DAP RepairTopper, Amstelveen, The Netherlands (Incoterms latest edition) unless otherwise agreed. Partial delivery is permitted.

 

4.2 From the moment of delivery, all Goods, irrespective of any retention of title, are fully at the expense and risk of the Customer.

 

4.3 On delivery, the Customer shall inspect the Goods and/or delivered services and perform all common entrance and quality checks and controls, as reasonably required by RepairTopper. No claim for Goods damage or shortcomings, following the checks and controls, can be entertained, unless shortage or damage notification is given to RepairTopper within 2 (two) business days since the delivery date. In absence of the aforementioned, it is presumed the goods have been delivered in pristine conditions. 

 

 

5. Delivery Times

 

 5.1 The dates and timeframe of the delivering the Goods will take immediate effect following the written confirmation by RepairTopper and after the agreed conditions have been met by the Customer, such as, but not limited to down payments.

 

5.2 Any dates, timeframes or periods of the delivery of goods or services are based on estimates and approximates, and shall not constitute a fatal obligation binding on RepairTopper. Failure to deliver within such a term does not constitute as a shortcoming and gives no right of dissolution or compensation regarding any damages incurred by the Customer or third parties.

 

5.3 RepairTopper shall only be liable towards the Customer regarding damages and/or costs in case of a late delivery, if and when RepairTopper is in default. RepairTopper’s maximum liability for late delivery is at all times limited to 2.5% of the total order value. 

 

 

6. Passing of Title and Risks

 

6.1 Subject to 6.2, title to the Goods shall transfer to the Customer upon delivery.

 

6.2 RepairTopper retains ownership of all Goods until the full purchase price of the Goods, including, but not limited to, service costs owed by the Customer to RepairTopper are paid in full. The Customer is not entitled to re-sell, assign, pledge or grant any other legal rights on all or any of the goods to third parties. Regardless of the aforementioned, in case the Customer arranges individual transport of the Goods, or after the Goods have been picked up by or on behalf of the Customer, all post-delivery risks shall fall on the Customer.

 

6.3 If Customer does not comply with the applicable payment terms, or if RepairTopper has reasonable doubt that the payment terms will be met, RepairTopper may at its sole discretion repossess the delivered Goods. 

 

7. Guarantee

 7.1 RepairTopper warrants that full title to the Goods is delivered and the Goods are in accordance with the contractual specifications and, during the Guarantee Period, are free from hardware defects. This guarantee is exclusive and in lieu of any implicit and/or statutory guarantee.

 

7.2 The applicable guarantee period (hereinafter, the “Guarantee Period”) is 24 (twenty-four) months from delivery. 

 

7.3 In the event a default occurs within the Guarantee Period, which could not have been detected with common entrance and quality checks and controls, RepairTopper is obliged to make-good any such default at its own discretion, by repairing or replacing the Goods. This make-good obligation is exclusive and specifically excludes any liability for damages and/or costs sustained by Customer as a consequence of such default in the Goods.

 

7.4 This guarantee is limited to hardware failure and does not apply to defects caused by normal wear and tear or external causes, such as, but not limited to, water damage. The guarantee is also not applicable for periodic maintenance and repair/replacement of parts due to normal wear and tear. Every guarantee expires in case of a negligent or inadequate entrance and quality checks and controls, or in case of improper use or storage of the delivered Goods, such as but not limited to, use or handling in contradiction with given instructions; repairs made by third parties and the use of spare parts, consumables or materials not supplied or certified by RepairTopper.

 

7.5 In the event the Customer is not the end user of the supplied Goods, the additional replacement and/or repair costs caused by the fact that the Goods are not situated at the Customer’s location, such as but not limited to travel and transportation costs, are for the account of the Customer.

 

7.6 Warranty claims must be substantiated and submitted in writing to RepairTopper within eight days of discovering the defect.

 

 

 

CONCLUDING PROVISIONS

 

8. Dissolution and Suspension

 8.1 RepairTopper has the right to suspend further performance of its obligations if the Customer is in default with the performance of its contractual or any other obligations towards RepairTopper. RepairTopper then has the right to implement resulting price increases and term extensions.

 

 8.2 In the event RepairTopper has reasonable doubt regarding the payment capacity of the Customer, RepairTopper is entitled to postpone all obligations under the contract until the Customer has provided sufficient security. RepairTopper is also entitled to demand additional security at all times.

 

 8.3 In the event the Customer cannot meet its obligations under the aforementioned conditions or any other obligation within a reasonable period, RepairTopper is entitled to immediately terminate the contract without compensation of damages. In such a case, the Customer shall be liable for all damage suffered by RepairTopper as a result of the termination of this contract.

 

8.4 Notwithstanding the above, RepairTopper is entitled to terminate the contract without compensation of damages or suspend its performance in the event of (application for) bankruptcy, suspension of payments, withdrawal of operation or liquidation of the (company) of the Customer.

 

9. Liabilities

 

9.1 RepairTopper shall only be liable for damages, payments, losses, costs, expenses and liabilities incurred by Customer as a direct result of attributable failures by RepairTopper.

 

9.2 Any and all liability of RepairTopper, whether in contract or by law, ends at all times 24 (twenty-four) months since delivery.

 

9.3 RepairTopper’s maximum liability arising out of, or in connection with this contract, whether in contract, tort, or otherwise (including but not limited to damages resulting from product liability), shall be limited to the total order value.

 

9.4 In no event shall RepairTopper be liable for any indirect damages, such as but not limited to consequential damages, nor shall RepairTopper be liable for any failure to perform or any delay in the performance of its duties and obligations under an agreement caused by an event outside the reasonable control of RepairTopper (a force majeure), or if the non-performance or delay is due to the compliance of RepairTopper with binding rules and regulations under the applicable law.

 

9.5 The above exclusions or limitations of liability apply not only in contract but also in tort or otherwise by law. All exclusions and limitations of liability stipulated by RepairTopper also apply to auxiliary persons and employees.

 

9.6 The Customer indemnifies RepairTopper against all claims that exceed the above exclusions and limitations.

 

9.7 Parties have explicitly agreed upon aforementioned exclusions and restrictions of liability. The compensation of risk has explicitly been applied as a basis for the price-setting in these terms and conditions.

 

10. Intellectual Property

 

10.1 RepairTopper retains, insofar as applicable, all intellectual property rights to the Goods, such as but not limited to designs, images, drawings, models and software.

 

11. Reference

11.1 The Customer expressly agrees that RepairTopper includes Customers’ name on its reference list and makes use of this reference for further marketing purposes.

 

12. Applicable Law / Jurisdiction

12.1 These terms and conditions will be governed exclusively by and construed in accordance with the laws of the Netherlands, without reference to its principles of conflicts of law.

 

 12.2 Parties hereby irrevocably submit that all disputes will be subject to the exclusive jurisdiction of the Dutch civil court, district of Utrecht.

 

 

Warranty

 

Repair Topper BV, Binderij 7A, 1185 ZH Amstelveen, The Netherlands.

Repair Topper BV assumes a 24-month warranty, starting from the date of purchase. Within the warranty period, we will repair any hardware failure free of charge.

The guarantee is conditional on the submission of a receipt from Repair Topper or a Repair Topper Authorised Distributor. This warranty is valid within the EU. 

If, contrary to expectations, a defect appears, please call the service center first.

Our service team will be glad to help you and will propose a resolution. If a return of the item is necessary, please complete the service check on our repair website https://www.repairtopper.com . 

In doing so, please send the item to the service center along with a copy of the sales receipt and the carefully packaged item. 

Excluded from the warranty are damages resulting from improper treatment and storage, or external causes such as but not limited to water damage, as well as wear and tear on parts and consumables. Also excluded are periodic maintenance services, repairs made by third parties and replacement of parts due to normal wear and tear. Non-warranty repairs can be made by Repair Topper at cost and charged to the customer. 

This guarantee is governed by and construed in accordance with the laws of the Netherlands. Repair Topper is not liable nor responsible for any failure to perform, nor delay in performance of any of our obligations under this guarantee caused by events outside our reasonable control or due to our compliance with any applicable laws or regulations. Statutory warranty rights are not limited by this guarantee. Further details regarding this guarantee can be found in our General Terms and Conditions on www.repairtopper.com/en/terms-conditions/