General Terms and Conditions
Note: Response Benelux is wholly owned subsidiary of Response Nordic AS. For this website, the invoicing organization will be Response Benelux B.V. However, the applicable general terms and conditions from Response Nordic AS are applied as per below.
Note: Consumer return policies do not apply on these B2B sales as this is not a consumer webshop.
- Standard sales and delivery terms for Response Benelux BV
These sales and delivery terms apply unless otherwise agreed in writing. The Distributor has the right to change these terms from time to time upon 30 day written notice to retailer.
- Delivery and risk transition
The goods are delivered Ex Works (EXW) from Response Benelux BV’s inventory. Delivery has occurred and the risk has passed on to the buyer when the sales goods leave Response Benelux BV’s warehouse or the warehouse from a third party on behalf of Response Benelux BV. If the buyer for any reason does not accept the delivery, the item(s) of sale shall under no circumstances be opened. DDP (Delivered Duty Paid) is possible with a charge of 10 euro handling costs. Orders higher than 1000 euro will be exempt of these costs. Response Benelux BV reserves the right to review these costs periodically.
- Transport and insurance
Transportation and insurance of the goods from the place of delivery is at the buyer’s expense and risk.
- Price calculation
4.1 Prices are stated excluding VAT.
4.2 Any objections regarding the invoice must be notified to Response Benelux BV in writing no later than 10 days after receipt of the invoice.
- Payment terms
Payment terms are 30 days net from date of invoice. In case of delayed payment, the due amount will be increased by statutory interest.
- Delivery time.
The stated delivery time is indicative if it is not expressly stated in the agreement or contract that it is guaranteed.
- Replacement and cancellation on delayed delivery.
7.1 No compensation is paid for any delayed delivery.
7.2 If the delay is significant, the order may be cancelled.
- Force Majeure.
8.1 Response Benelux BV responsibility lapses if the delay is due to a delivery barrier that Response Benelux BV could not reasonably avoid.
8.2 If such delivery barriers occur, the delivery time is extended by the time the barrier lasts. For a longer period of time, the order may be cancelled by one party when a longer waiting time will appear unreasonable.
- Complaint about missing goods
9.1 Missing goods upon receipt need a written complaint to Response Benelux BV within 14 days of receipt of the goods, or of sale or the service, or of the repair made.
9.2 Delivery errors that can only be discovered when the product has been put into service, can be invoked if a complaint is made immediately after the defect has been identified. It is assumed that the defect has arisen due to the correct use of the product, unless clear evidence states otherwise.
- Acceptance of an order
An order agreement is deemed to be signed on the day the order confirmation is sent from Response Benelux BV. Oral agreements are only valid to the extent that they are confirmed in writing. Order Confirmation determines the specifications of the goods of sale and what to be delivered.
Any dispute that may arise shall be decided by Dutch law.
- Warranty, claims and service (RMA)
This chapter describes all guidelines and procedures regarding service and warranty claims for products bought from Response Benelux BV. The general term used in these matters is RMA (Return Merchandise Authorization). We recognize aftersales procedures as an important part our business and therefor continuously strive to optimize these processes. To ensure that the end consumer will be supported the best way possible we ask you to respect and follow the procedures and guidelines as described in this document. The warranty period in the Benelux is 2 years (or longer if products have an expected lifespan longer than 2 years).
12.1 General guidelines for warranty/claims
All service and or warranty claims regarding electronic products, purchased from Response Benelux BV are handled by our service partner Techrepair, unless agreed otherwise.
When a product is defective, has errors, or is dead on arrival (DOA), we have the following guidelines: In general, we credit the Retailer for the amount the product was originally purchased for. In cases where the customer has purchased the product from a Retailer which is not a current customer of Response Nordic AS or Response Benelux BV (not a brand Retailer), but who has previously been one with a former distributor, the Retailer should send us the invoice with proof of their purchase price/cost (from the former distributor). We will generally credit the Retailer for the amount the product was originally purchased for after registration and approval from our inhouse RMA service. Exceptions may apply. In cases where the retailer who sold the product is bankrupt or does not exist, the client must go to the respective official brand webpages. Alternatively take this to an authorized dealer that accepts such cases. Products purchased from an unauthorized resellers or bought through the unregulated market are the reseller’s responsibility. In this case we can only refer to official brand webpages for a service/RMA request. Should you want more info, please send a mail to email@example.com, or call your local sales contact.
Guidelines and procedures for service and warranty claims of electronic products: The following trouble shooting list for electronic devices should always be executed before you register any service or warranty claim with us. This must be confirmed when a service or warranty claim is registered:
– If relevant, does the electronic device have the correct SD/memory card. Is this an approved SD/memory card? Test the device with a functioning and approved SD card
– If relevant, check if all the related soft and firmware is up to date. Update if necessary.
– If relevant, check the battery. Original battery or approved ones only. Test the device with a functioning and approved battery
– Check for any external damages, scratches and so on. To find out if the electronic device may have been used in places and in ways that are not proper/within approval for claims/guarantee.
– If relevant, check if the customer has the latest app-version for the product.
– Extra guidelines per brand may be applicable.
If the electronic device does not work properly after these troubleshooting points are checked, you will need to register the service claim (RMA) with Techrepair, unless other agreements have been made. If you do not have an RMA system that will work or communicate with our service partners system, you will need to log in to Techrepair: Portal.techrepair.nl To register the RMA you will need to confirm that the trouble shooting points mentioned above have been checked. Make sure you have your account number available. This is needed to complete the registration. Your account number is shown on orderconfirmation/ shippingdocuments/ invoices etc. When you register the case, you will need to note your own internal case/RMA number, and if there is a serial number on the device, this also needs to be noted. Please copy the Techrepair case number given in your own system. These reference numbers are critical and must follow the RMA case all the way for us to be able to credit you. After you have registered the case and we approve the claim, we will send you a receipt and a prepaid return patch on your specified e-mail address. You will be notified by e-mail about the outcome of your submission. Note that Techrepair will not replace any device. Credit notes will be issued continuously from Response Nordic AS / Response Benelux BV, with reference to case number created by Techrepair. For retailers with their own service system where we have a log in, or if it works together with the Techrepair system we will be able to handle the case online. Routines and guidelines regarding will be individually agreed. If a credit note is not convenient you must have an agreement with us to send us an invoice. In this case, you must have all reference numbers noted in the invoice. Therefore, take good care of the received case numbers, sent from Techrepair. All products should be sent to Techrepair unless otherwise agreed. If the submitted item is out of warranty (OOW), or not an approved claim/warranty (the trouble shooting check is not executed, wrong use by end consumer etc), you will be charged a handling fee of 30 Euro. This also applies if there are no faults found (NFF). This fee will also be charged if the product is not required back. This fee will be charged with an invoice from Techrepair, or if arranged in an agreement that this will be invoiced from us.
Contact details Tech Repair B.V.:
4614 RX Bergen op Zoom
Distributor may provide Retailer with recommended resale prices at which it may choose to resell Products to final customers. Such recommendations shall be non-binding for Retailer. Retailer is free in fixing its resale prices as long as Retailer adheres to applicable law.
a) Distributor may immediately terminate this Agreement upon written notice to Retailer if (i) \ Retailer fails to make any payment due hereunder within twenty (20) days following the receipt by \Retailer of written notice from Distributor that such payment is past due; (ii) Retailer disparages the brand or takes any other action detrimental to Distributor, or the brand; or (iii) if Retailer is notified, by Distributor, that Distributor is no longer a Distributor. b) All POP Materials remain the sole and exclusive property of the Distributor and must be returned to Distributor upon Distributor’s request. Distributor retains the right to request the removal of any POP Materials or supplied fixtures to Retailer at any time and for any or no reason.
During and for a period of one (1) year following the expiration or termination of this Agreement, each party shall treat as confidential and not (without the prior written consent of the other party) reveal to any third party any Confidential Information of the other party. “Confidential Information” means any and all confidential and proprietary information of Distributor’s or Retailer’s current or proposed business, past, present or future products or services, employee information, whether such information is in oral, written, graphic, or electronic form, and regardless of whether such information is labelled as confidential by Distributor or Retailer. Items shall not be considered Confidential Information if (i) they become a matter of public record other than by a breach of this Agreement by the party to whom it has been disclosed; (ii) rightfully received from a third party that is not in breach of any obligation of confidentiality; (iii) previously independently developed by one party without access to the Confidential Information of the other; or (iv) rightly known to the recipient at the time of disclosure as verified by its written records. Upon termination or expiration of this Agreement and upon request, each party will return, or upon request of the other party destroy or delete, all copies of the other party’s Confidential Information, save for (i) back-up or archived copies generated by the respective party’s IT system which are not accessible in the ordinary course of business and (ii) one hardcopy of each document which the respective party may need to defend itself in a legal action brought against it or to bring a legal action, always provided that such hardcopies are safely stored under lock and key.