Cenio computers

tell-a-friend

Cenio: Cenio Europe B.V. is based in Eindhoven.
Buyer: Every legal entity or person by order of whom Cenio provides products and/or services, with whom Cenio has an agreement or with whom Cenio is in discussion or negotiation about concluding an agreement.
Products: Purchasable objects regarding which the Buyer commits himself to Cenio.
Services: Service and support by Cenio, or subcontractors of Cenio.
Order: Every Order by the Buyer, in whatever form.

Article 2. Applicability

2.1. These Terms and Conditions will apply to every quotation, Order and agreement and to all other legal relationships between Cenio and Buyer that Cenio declares these Terms and Conditions applicable to, provided any explicit and written deviations accepted by both parties.

2.2. The parties hereby rule out the applicability of any general terms invoked by the Buyer .

2.3. Conflicting or supplementary agreements can be concluded only if and so far as confirmed by Cenio in writing and accepted by the Buyer, applying only to the relevant transaction.

2.3. By accepting a quotation or ordering a product the Buyer declares that he agrees to these Terms and Conditions.

Article 3. Offers and quotations

3.1. All offers and quotations from Cenio are valid for ten (10) days after the quotation/offer date, unless otherwise stated in the quotation/offer.

3.2. Offers and quotations occur with the suspensive condition of availability of the Products and/or Services. Cenio reserves the right to make changes to ordered specifications in which case Cenio guarantees that any such changed product will offer at least equivalent functionality and performance. Cenio reserves the right to terminate the agreement.

Article 4. Execution of the agreement

4.1. The contract of sale between Cenio and the Buyer will be established as soon as Cenio accepts the Order from the Buyer by means of an Order Confirmation.

Article 5. Fees

5.1. Unless expressly otherwise mentioned, prices and other costs issued by Cenio will be in Euros.

5.2. The going product price is the price that will show on the Order Confirmation. Incorrect prices are void.

5.3. Prices include the costs of standard transportation within the European Union.

5.4. If a customer orders a product under an incorrect price, Cenio will inform the customer of the correct and applying price. In this case the Buyer may terminate the agreement, provided that he informs Cenio immediately.

Article 6. Payment

6.1. Payment is only possible by means of a payment system accepted by Cenio.

6.2. Cenio Products are made to measure for every single customer. Every Product is unique. This is why Cenio requests full payment prior to the production of the ordered Product(s) or delivery of the ordered Service(s), unless expressly otherwise agreed.  

6.3. If Cenio has not received full payment on the due date of invoice the Buyer is indebted to legal interest on the amount outstanding. Business Users are legally in neglect after the due date of invoice has passed and are indebted to legal commercial interest rate (ex article 119a Burgerlijk Wetboek (Dutch civil code)) increased with three (3) % per annum.

6.4. Payment shall be made without discount or settlement.

6.5. For Orders to be delivered in installments over a period of time, Cenio may adjust prices due to changes in exchange rates, duties, insurance, freight, handling and purchase costs.

Article 7. Cost of collection

7.1. If the Buyer fails to meet one or more of his obligations, all reasonable costs of collection will be charged to the Buyer. The Buyer owes Cenio an amount of at least fifteen (15) percent of the amount outstanding with a minimum of one hundred and fifty (150) euros, to be increased with the due purchase tax.

7.2. If Cenio can prove to have made additional costs that were reasonably necessary, the Buyer will also be charged for these costs.

Article 8. Order Confirmation

8.1. Cenio is free to accept or decline any Order. Cenio should confirm every Order with an Order Confirmation.

8.2. Cenio can confirm an Order by e-mail or any other means (e.g via telephone).

8.3. Cenio has the right to cancel an Order when payment was not received within five (5) working days after receiving the Order Confirmation, unless otherwise agreed.

Article 9. Delivery

9.1. Products are delivered by Cenio, or a carrier selected by Cenio, at the address stipulated by the Buyer.

9.2. The times of delivery Cenio states are calculated from the day Cenio receives full payment, unless otherwise agreed.

9.3. Stated times of delivery always are estimates. Buyer can not derive a right from these times.

9.4. Cenio may deliver Orders in installments.

Article 10. Passing of Ownership and risk

10.1. Ownership of Products, excluding software, passes to the Buyer on the later of receipt of full payment by Cenio.

10.2. Risk passes to the Buyer on delivery of the Products to the Buyer or to their representative.

Article 11. Products, samples and examples

11.1. If Cenio shows a Product or provides a sample or example, this can only be seen as an illustration: the quality of the delivered Products can differ from the shown Product, sample or example, unless expressly agreed otherwise.

11.2. Cenio will attempt to apply the colors, designs, logo’s and styles the Buyer stipulated as accurate as possible, however these always are approximations; minimal deviations in color, design and style of the delivered Product are considered acceptable.

11.3. Colors and designs shown on the Cenio website can differ from reality, which can - amongst other reasons - be caused by an incorrect color configuration of the screen used to view the website.

11.4. Buyer can not derive any right from examples, numbers, weights and measures displayed on the website or elsewhere.

Article 12. Acceptance of Cenio Products

12.1. Buyer is obliged to assess his satisfaction that the Product is in accordance with the agreement immediately at delivery or as soon as possible hereafter.

12.2. If the Buyer comes across a visible defect or shortcoming of the Product, he has to inform Cenio of this within two (2) working days after delivery.

12.3. If the Buyer does not inform Cenio of these defects or shortcomings within the stated times the Products will be considered delivered in good condition.

Article 13. Warranty

13.1. Cenio guarantees all Cenio Products to be free from faults from production and faults of material for twelve (12) months, starting on the delivery date, excluding consumable Products that will last less than a year. Batteries are delivered with a maximum six(6)-month warranty.

13.2. Cenio will repair or replace faulty Products under warranty within a reasonable time free of charge. Products can only be sent in for repair or replacement if Cenio is contacted in advance. Cenio consequently will assign the Buyer a warranty number. Cenio will not accept Products without warranty number, copy of the invoice and a completely filled up Service Form.

13.3. Every right for warranty expires with every repair or manipulation of the Product, not being executed by Cenio or a third party assigned by Cenio.

13.4. Excluded from warranty are Products that are damaged as a result of an external cause and/or incorrect use and/or other external causes for which Cenio is not responsible. These causes include but are not limited to: incorrect/ careless use, incorrect connection, electrical stress, accidents, humidity control or other external causes, defects caused by programmes or application software, virus damage, etc. Scratches are expressly excluded from warranty.

13.5. Every right for warranty expires if the Product is sent to Cenio in an inadequate shipping package, an adequate package being the same or a comparable shipping package as was used by Cenio to deliver the Products to the Buyer .

13.6. Warranty is strictly limited to replacement or repair of the defective Products or Product parts. Consequential damage is expressly excluded from warranty.

13.7. Warranty is strictly reserved to the Buyer and can not be transferred.

Article 14. Force Majeur

14.1. If a Force Majeur event occurs Cenio can not be held to observe its obligations towards the Buyer. Delivery and other obligations will be postponed for the time the Force Majeur is in effect.

14.2. Under these conditions, Force Majeur is defined as any circumstances beyond the reasonable control of Cenio, including everything that is understood by Force Majeur in legislation and jurisprudence, including strike actions at Cenio and including all external causes, whether or not foreseen, that Cenio can not control or prevent, that impede the due performance of the contract.

Article 15. Exclusions and limitation of liability

15.1. Cenio will not accept any liability for damage as a result of or related to execution of the contract or delivery of Products, except for damage resulting from Cenio’s own actions and negligence that happened whether deliberately to cause damage, or recklessly knowing the possible consequential damages.

15.2. Liability of Cenio is additionally limited to replacing the damaged Product or restituting the purchase-money.

Article 16. Proprietary rights

16.1. The Buyer expressly acknowledges all intellectual proprietary rights of displayed information or other expressions regarding the Products and/or regarding the internet sites or other means of communication rest with Cenio, her suppliers or other rightful claimants.

16.2. Intellectual proprietary rights include but are not limited to: trademarks, computer programs, (technical) drawings, images, models, patent, copyrights and other proprietary rights, such as – whether or not patentable - technical and commercial know-how, methods and concepts.

16.3. It is illicit to make use of intellectual proprietary rights without express approval in advance in writing from Cenio, changes included, unless in case of private use in relation to the product.

16.4. It is expressly illicit to request or Order Cenio Products, or designs for products or to order Products with graphics, logo’s and other content of which you do not possess the proper proprietary rights. Cenio reserves the right, in case of doubt, to cancel your request and/or Order.

Article 17. Software Licenses

17.1. Intellectual property of software supplied by Cenio rests with the licensing entity of the software, not with Cenio. On this software the terms and conditions of the licensing entity apply. Approval from the licensing entity can be required for using the software

17.2. Guaranty of software lies with the Licensing entity of the software.

17.3. Cenio will not take back software once it has been installed on a computer.

Consumers only can return separately supplied software within seven (7) days after delivery, provided that the seal has not been broken. 

Article 18. Data Protection

18.1. Cenio shall process personal data in accordance with all applicable privacy laws, as stated in the Dutch ‘Wet Bescherming Persoonsgegevens’ (Personal Data Protection Act).

18.2. Personal Data obtained by Cenio will be held in a file to carry out the agreement. Cenio holds this data for the time it thinks necessary to be able to deal with complaints, warrantees, etc.

18.3. Cenio will also temporarily save documentation on the Order, the receipt, and the agreement. This documentation can only be claimed after an explicit request in writing.

18.4. Cenio reserves the right to use, edit or publish anonymous or general data and statistics without limitation provided that the Buyer can not be identified or deduced.

18.5. The Buyer can change or request Cenio to change the personal data and other information Cenio holds.

18.6. The Buyer can choose to receive information that Cenio finds interesting for the Buyer. The Buyer can always change his choice.

Article 19. Applicable law / bevoegde rechter and language of the agreement

19.1. All legal relationships between Cenio and Buyer will be governed by and construed in accordance with the Dutch legislation. The 1980 Vienna Sales Law is expressly excluded.

19.2. The Dutch text of these terms and conditions prevails over any translations.

19.3. Any differences between the parties will be submitted in the first instance to the competent court in Eindhoven.

tell-a-friend