General Terms and Conditions The Fixables BV, Amsterdam
Version valid from: September 2, 2012
Article 1 Definitions
1.1. The Fixables: The Limited Company, or The Fixables, with its registered office in
Amsterdam and registered with the Chamber of Commerce under number 55540201.
1.2. Customer: the natural or legal person who has an assignment to The Fixables
provided to provide Services.
1.3. Services: all activities that The Fixables carries out on behalf of the Client.
This certainly includes, but is not limited to: repair of portable music
media players, cell phones and other portable multimedia devices such as
tablets as well as any other work that The Fixables performs for the
1.4. Devices: the items supplied by the Customer in Article 1.3. defined equipment
assignment for services to be provided by The Fixables;
1.5. Under “general terms and conditions” is understood: the whole of the provisions as
1.6. In these general terms and conditions, the word in writing can also be considered in writing
documents produced in writing and sent by electronic means,
this certainly includes email communication and faxed documents.
Article 2 General provisions
2.1 These general terms and conditions apply to all offers and quotations
of The Fixables and also all agreements that The Fixables enters with it
2.2 The general terms and conditions used by the Client are expressly set out in the
hand, and are therefore not applicable to agreements entered into
with The Fixables.
2.3 If any provision of these general terms and conditions is null and void or destroyed
becomes, the remaining provisions of these general terms and conditions will be fully valid
remain in force and The Fixables and the Customer will enter into consultation with regard to new ones
provisions to replace the invalid or voided provisions
come, whereby as much as possible the purpose and purport of the void or destroyed
provision must be observed.
Article 3 Rates
3.1 For the provision of Services, The Fixables uses the information on The website
Fixables published rates, unless expressly agreed otherwise
between the Customer and The Fixables.
3.2 The Fixables charges research costs for research on devices unless
agreed otherwise. These research costs are listed on The website
Fixables published in the repair sections. The research costs are to come
expire when a device can be repaired and agreed by the Customer
The Fixables is given to perform the repair.
3.3 Prior to the execution of the agreement, The Fixables will provide the Customer with a
give an estimate of the hours to be worked. This estimate is indicative and can be higher or higher
3.4 If The Fixables issues a quotation, these are without obligation unless
explicitly stated otherwise.
3.5 Quotations from The Fixables are valid for the period specified in the quotation.
If no term is specified, the quotation is valid until fourteen days after the
date on which the General Terms and Conditions repair The Fixables, Amsterdam, version
valid from: September 2, 2012 – quotation has been issued.
3.6 If it appears that the information provided by the Client with the request for quotation
were incorrect, The Fixables is entitled to the relevant prices and others
Article 4 Agreement and additional work
4.1 An agreement between The Fixables and the Customer is concluded after the Customer
has accepted an offer or quotation issued by The Fixables.
4.2 If The Fixables, due to circumstances at the time of the quotation or the
order confirmation unknown, must perform additional work than agreed in
the quotation or order confirmation, The Fixables is entitled to the resulting
charge more costs to the Client. If the Customer objects to the
additional costs that The Fixables wishes to charge, he still has the right to do so
cancel part of the assignment that has not been executed, whereby the Client is obliged
reimburse the work performed by The Fixables to date.
4.3 Changes to the originally concluded agreement between the Customer and The
Fixables are only valid from the moment that these changes are made by means of a
additional or amended written agreement are accepted by both parties.
4.4 If the Customer wishes to terminate an agreement with The Fixables or
cancellation is only entitled to him if he fully compensates The Fixables for
the work performed up to that point or, in the event of cancellation, ten percent of the
fee agreed in the order confirmation.
Article 5 Rights and obligations for The Fixables
5.1 The Fixables guarantees that the assignment given to it is carried out to the best of its ability
performed with due care and craftsmanship.
5.2 In the event of complaints made by the Client about the Services provided, The
Fixables to enter into consultation with the Customer about a suitable solution for both.
5.3 The Fixables has the right to involve or engage third parties with the
performance of services.
5.4 The Fixables will take all precautions under the agreement
to protect the interests of the Customer. The Customer will be without
permission of The Fixables to not disclose to third parties the approach of
The Fixables, his method and the like.
Article 6 Rights and obligations for the Client
6.1 In principle, the Client must adhere to the conditions laid down in these terms and conditions
provisions, unless explicitly agreed otherwise.
6.2 The Customer ensures that all data, of which The Fixables indicates that
these are necessary or of which the Customer should reasonably know that these
necessary for the execution of the agreement, timely to The Fixables
are provided. Only after the data is complete, the guaranteed
repair lead time has started.
6.3 If, in an exception to Articles 6.2 and 7.5, the
agreement required data have not been provided to The Fixables or have not been provided on time
The Fixables has the right to suspend and / or suspend the execution of the agreement
to charge the additional costs resulting from the delay to the Client.
6.4 In the event of complaints about the Services provided by The Fixables, the Client must submit these
to make complaints known to The Fixables in writing within fourteen (14) days after
delivery of the Service. The Customer indemnifies The Fixables for 6 months after delivery of all
legal claims arising from the Services provided.
Article 7 Repair and warranty
7.1. The Fixables gives a 3-month warranty on performed by The Fixables
repairs and 3 months on the parts assembled during the repair, unless
otherwise stated on The Fixables website.
7.2. The Customer can claim under the warranty if the equipment is after
repair does not appear to work.
7.3. Repairs to appliances with moisture damage are not covered by any form of warranty.
7.4. No warranty is given on the replacement of batteries, nor are the
replace batteries in the event of a defect within the standard warranty period in article
7.1 taken back by The Fixables.
7.5. The Customer undertakes to provide screen lock codes and passwords
to be able to test the functionality of the supplied equipment. The Fixables is not
responsible for delays due to non-delivery of
the aforementioned codes and passwords.
7.6. The Fixables reserves the right to transfer delivered equipment to the
restore the original factory settings.
7.7. The Fixables is in no way liable for the loss of data data.
Article 8. Conformity
8.1. The Fixables will, in the execution of the agreement, as much as possible in the
pursue the intended result agreed upon in the quotation. If at the discretion of the Client
the delivered results do not correspond with what was agreed in the quotation
intended result, the Client and The Fixables will enter into consultation about the delivered
still meet the intended results.
8.2. In addition to the provisions of Article 8.1, the costs for the
additional work as referred to in that article in accordance with The normal rate
Fixables are billed to the Customer, unless the Customer is in The
Fixables can make plausible that the deviations in the result are due to
the defective performance of the agreement on the part of The Fixables.
8.3. Should it become established that the inadequacy of the
the delivery of Services and / or Products is at the expense of The Fixables, the Customer has
no right to compensation or dissolution of the agreement, except
what is stipulated in these conditions.
Article 9. Payment
9.1. If The Fixables has properly executed the agreement, the
Customer to pay the amount due directly to The Fixables at the time
the Customer comes to collect the items belonging to him, or the customer has a report
received that payment must be made unless expressly stated otherwise
agreed between The Fixables and the Customer.
9.2. If, in deviation from the provisions of article 9.1, a further payment term
specified by The Fixables, the following applies.
9.3. If the Customer does not fulfill his payment obligation on time, the Customer is from
legally in default without the need for further notice of default.
9.4. In case of late payment, the Customer is in addition to the amount due
plus the statutory interest, will be obliged to pay full compensation of both
extrajudicial and judicial collection costs, including costs
for lawyers, bailiffs and collection agencies.
9.5. The claim for payment is immediately due and payable if the Customer is able to
is declared bankrupt, applies for a moratorium on payments or in general
assets of the Client are seized, the Client dies and
furthermore, if it enters into liquidation or is dissolved.
Article 10. Force majeure
10.1. The Fixables is not obliged to fulfill any demands
towards the Customer if he is prevented from doing so as a result of a
circumstance that is not due to his fault, nor under the law, a
legal act or generally accepted views.
10.2. The Fixables can during the period that the force majeure continues
suspend obligations under the agreement. If the force majeure lasts longer
beyond a period of sixty (60) days, both the Customer and The Fixables are entitled
to dissolve the agreement, without any obligation to reimburse the
damage suffered by another party.
10.3. The Fixables is not responsible for damage to the equipment in article
1.4 arising from force majeure situations, including situations such as
fire, flood, storm, earthquake, burglary, leakage and the like.
10.4. The Fixables is bound by adequate insurance cover
minimization of any damage as described in article 10.3. The by the
insurance to The Fixables to pay compensation will be pro rata to the customer
be reimbursed in final discharge. In case of total loss, the compensation will be
based on the current market value of the equipment in question, with a maximum of
€ 400.00. Under no circumstances does The Fixables supply replacement equipment.
Article 11. Liability
11.1. Every agreement between The Fixables and the Customer can be characterized as one
effort agreement. The Fixables can never be held liable as a result
posed for unsuccessful results.
11.2. Effort, service provision and liability commence upon receipt
offices of The Fixables and end at the moment that the equipment in Article 1.4
is transferred to the customer or forwarder at the offices of The Fixables.
11.3. In the unlikely event that The Fixables does what is stipulated in article 11.1
is held liable, any liability of The Fixables is limited to
maximum the invoice value of the order, at least up to that part of the order on which
the liability relates.
11.4. In addition to article 11.3, The Fixables is then only liable for direct
damage. Direct damage should only be understood to mean:
11.4.1 the reasonable costs of determining the cause and extent of the
damage, insofar as the determination relates to damage within the meaning of this
11.4.2 any reasonable costs incurred to remedy The
Fixables to the agreement, insofar as it meets The
Fixables can be attributed;
11.4.3 reasonable costs incurred to prevent or limit damage, insofar as
the Client demonstrates that these costs have led to a limitation of direct damage if
referred to in this article.
11.5. The Fixables excludes any liability for indirect damage suffered
through the use of Services and / or Products provided by The Fixables,
with the exception of situations in which the damage is due to intent on the part of
11.6. The Fixables is in any case never liable for: consequential damage, damage
due to missed savings, damage due to business interruption or loss of profit and for
damage caused by loss of data data during the execution of the agreement.
Article 12 Applicable law
12.1. All legal relationships to which The Fixables is a party are exclusively the
Dutch law applies.
12.2. The Customer and The Fixables will only appeal to the courts after they have submitted themselves
have made every effort to settle a dispute by mutual agreement.
Copyright 2012 The Fixables B.V.