General terms and conditions

These conditions are intended to make clear agreements on, inter alia, repairs and investigations, price indications and offers, warranty and liability, parts and delivery times, data, backups and software, payment and non-retrieved devices, privacy and personal data, and business and private assignments.

For questions about these terms and conditions you can always contact Computer Repair Twente.

1. Definitions and applicability

1.1 Definitions

For the purposes of these general conditions:

• Computer Repair Twente / Contractor: Computer Repair Twente, the party carrying out the work, providing services or selling parts.
• Client / customer: the natural person, consumer, self-employed professional, business, organisation or legal entity using the services or products of Computer Repair Twente.
• Consumer: a natural person who does not act in the exercise of a profession or business.
• Business customer: a client acting in the exercise of a profession, business, foundation, association or other form of organisation.
• Services: all activities carried out by Computer Repair Twente including but not limited to repairs, installations, maintenance, diagnosis, advice, software installation, data transfer, cleaning, network support, configuration, remote support, on-site support and other IT services.
• Device: all hardware provided by the client, including laptops, computers, desktops, tablets, peripherals, storage media, network equipment and accessories.
• Components: all physical components supplied, ordered, installed or replaced, including screens, batteries, SSDs, hard drives, memory, chargers, cables, keyboards, fans, casing parts and other components.
• Data: all digital data, files, documents, photos, emails, programs, settings, licences, accounts, passwords, configurations and other digital content on or linked to a device.

1.2 Applicability

These general terms and conditions apply to all quotations, price indications, agreements, assignments, repairs, deliveries and other work by Computer Repair Twente, unless otherwise agreed in writing.

1.3 Deviations

Derogations from these general terms and conditions are valid only if they have been confirmed in writing by Computer Repair Twente.

1.4 Conflicting terms

If the client applies its own general terms and conditions, they shall be expressly rejected, unless Computer Repair Twente has accepted them in writing.

1.5 Validity in the event of partial invalidity

If a provision of these general terms and conditions is found to be wholly or partly invalid, void or voidable, the remaining provisions remain fully in force. The parties will then agree on a replacement provision that reflects the purpose of the original provision as closely as possible.

2. Quotations, price estimates and agreements

2.1 Non-binding quotations

All quotations, price indications and cost estimates from Computer Repair Twente are non-binding, unless otherwise stated in writing.

2.2 Validity period

Quotations are valid for 14 days from their date, unless a different period is specified in the quotation.

2.3 Indicative prices

Estimates are indicative, unless a fixed price has been expressly agreed in writing. An indication may change if additional defects appear during examination or execution, hidden damage, abnormal parts, previous repairs, software problems or other conditions that were not visible in advance.

2.4 Formation of an agreement

An agreement shall be concluded as soon as:

• the client gives written approval;
• the client gives verbal approval;
• the client agrees electronically, e.g. by e-mail, WhatsApp, contact form or customer portal;
• the client hands over the device with a request to carry out work;
• Computer Repair Twente with the consent of the client starts the work.

2.5 Approval given remotely

Agreement by e-mail, WhatsApp, SMS, telephone, contact form or other electronic channel shall be deemed valid agreement.

2.6 Unforeseen work

If it appears during the execution that additional work or parts are necessary, the client shall be informed accordingly. As far as reasonably possible, these activities will only be carried out after the agreement of the client.

2.7 Small necessary actions

Computer Repair Twente may carry out small necessary actions without a separate agreement where these result logically from the assignment and do not cause any substantial additional costs.

2.8 Refusal of jobs

Computer Repair Twente has the right to refuse or terminate an order if:

• the contract is technically irresponsible;
• the device is unsafe;
• there is illegal software or suspected illegal data;
• the client makes unreasonable demands;
• the client refuses to provide necessary information;
• there is a threat, abuse, fraud or inappropriate behaviour;
• payment for previous assignments is outstanding.

3. Investigation, diagnosis and cancellation

3.1 Diagnosis

Where possible, an indication of the approach, expected costs and potential risks shall be given in advance. However, a diagnosis always depends on the condition of the device and the complaints that are visible or reproducible.

3.2 Diagnostic fee

Computer Repair Twente is entitled to charge a diagnosis, investigation or intake fee. This shall be made known in advance, unless there is an emergency, additional investigation or a situation where an investigation is necessary in order to give a price indication.

3.3 No repair after diagnosis

If, after diagnosis, the client refrains from further repair or execution, diagnosis costs, diagnostic fees, hours already made and any parts ordered remain due.

3.4 Cancellation after approval

If the client cancels an order after agreement has been given, Computer Repair Twente may charge the costs already incurred, working hours, administration costs and specially ordered parts.

3.5 Specially ordered parts

Parts ordered specifically for the client cannot be cancelled free of charge if Computer Repair Twente can no longer return them or if the supplier refuses to accept a return.

3.6 Problems that cannot be reproduced

If a complaint is found not to be reproducible, Computer Repair Twente may still charge diagnostic fees. Not being able to find or reproduce a complaint does not mean that the investigation is free of charge.

4. Carrying out the work

4.1 Obligation to use reasonable efforts

All work is carried out using our best judgement, care and skill. Computer Repair Twente undertakes to make reasonable efforts, without guaranteeing a result, unless expressly agreed otherwise in writing.

4.2 No guarantee of complete solution in case of complex problems

For complex, intermittent or non-reproducible problems, Computer Repair Twente cannot guarantee that a problem will be resolved completely or permanently. This includes software errors, intermittent hardware faults, water damage, damage from drops, motherboard problems, data corruption, virus infections and devices that have undergone previous repair attempts.

4.3 Time limits

Stated timeframes are indicative and are never strict deadlines unless a firm deadline has been expressly agreed in writing. Delays may arise due to parts deliveries, workload, additional defects, supplier lead times or technical complications.

4.4 Third parties

Computer Repair Twente is entitled to have all or part of the activities carried out by third parties where this is necessary or desirable for the proper execution of the contract.

4.5 Access to device

The client ensures that Computer Repair Twente accesses the device, the required accounts, passwords, recovery codes, licenses or settings, to the extent necessary for the performance of the contract.

4.6 Passwords and accounts

If the client provides passwords or account details, this will be done on his own responsibility. Computer Repair Twente deals with this carefully, but advises the client to change passwords after completion of the work.

4.7 Insecure or unreliable devices

If Computer Repair Twente considers a device unsafe, unstable, severely damaged or uneconomical to repair, Computer Repair Twente may refuse, suspend or terminate the work.

4.8 Cleaning and maintenance

In the case of cleaning, maintenance, thermal paste replacement, internal cleaning or dismantling, existing vulnerabilities can become visible. Computer Repair Twente is not liable for damage resulting from existing wear, ageing, fragile plastic parts, previous repairs or hidden defects.

5. Spare parts, compatibility and delivery times

5.1 Availability of components

Parts are subject to availability from suppliers. Computer Repair Twente is not liable for delay, price changes or non-delivery of parts by third parties.

5.2 Original and compatible parts

Computer Repair Twente can use original, refurbished, used or compatible parts, depending on availability, price, quality and arrangement with the client. Where relevant, this shall be discussed in advance.

5.3 Price changes

Prices of parts may change by suppliers, availability, shipping costs, import costs or market conditions. If a price changes before the client agrees, Computer Repair Twente may adjust the price indication.

5.4 Returning parts

Parts specially ordered cannot always be returned. If return is not possible, the costs will remain on the account of the client after agreement on order.

5.5 Old parts

Replaced parts shall only be returned if the client so requests in advance or at the latest upon delivery. If no request is made, Computer Repair Twente may remove or recycle old parts.

5.6 Compatibility

Computer Repair Twente does its best to deliver appropriate parts, but depends on model numbers, revisions, serial numbers and supplier information. The client is responsible for the correct delivery of model information if components are ordered on the basis of them.

6. Warranty

6.1 Warranty on work

Repairs carried out shall be guaranteed for the work carried out, unless otherwise agreed in writing. The warranty period may vary by type of repair, component or service.

6.2 Warranty on parts

Only the manufacturer’s, importer’s or supplier’s warranty applies to supplied parts, unless otherwise agreed in writing.

6.3 No warranty on software problems

Lasting results are not guaranteed for software work, virus removal, cleanup, configuration, updates, drivers, settings, account problems and performance improvements, because these depend on use, updates, external services, user actions and third-party software.

6.4 No guarantee in case of existing damage

Warranty does not apply when problems arise from existing damage, wear, age, previous repairs, moisture, fall damage, impact damage, overheating, electrical damage, battery degradation, faulty peripheral equipment or other causes outside the work carried out.

6.5 Warranty expires

Warranty expires, among other things, when:

• Fall, impact, pressure, moisture, fire or lightning damage;
• improper or incorrect use;
• damage caused by transport or shipping;
• own repairs or modifications by the client;
• repairs or adjustments by third parties;
• use of defective chargers, cables or accessories;
• malware, viruses or unsafe software after delivery;
• installation of illegal or unreliable software;
• breaking warranty or security seals;
• open the device after repair by someone other than Computer Repair Twente.

6.6 Warranty procedure

The client must report a warranty claim as soon as possible with a clear description of the problem. Computer Repair Twente must always be given the opportunity to examine the device and, where applicable, to remedy the problem.

6.7 No automatic refund

A warranty does not automatically entitle you to a refund. Computer Repair Twente first has the right to offer repair, replacement or an appropriate solution.

6.8 Investigation of an unfounded warranty claim

If, after examination, it appears that the complaint is not covered by warranty, diagnostic fees, labour costs and any components may be charged.

7. Data, software, licenses and backups

7.1 The client’s own responsibility

The client remains responsible for data, files, photos, documents, emails, software, licenses, accounts, passwords, backups and recovery codes at all times.

7.2 Backup in advance

The client must provide a current and working backup before a device is delivered, unless Computer Repair Twente has been explicitly ordered to back up.

7.3 No liability for data loss

Computer Repair Twente is not liable for loss, damage, alteration, disclosure or corruption of data, software or settings, even if this is done during repair, investigation, installation, maintenance, cleaning, migration, data recovery or transport.

7.4 Best-effort data recovery

Data recovery, data migration and backup work are performed solely on the basis of best-effort. Success can never be guaranteed.

7.5 Risk of defective storage media

With faulty hard drives, SSDs, USB sticks, memory cards or other storage media, there is always a risk of further data loss. The client accepts this risk when commissioning diagnosis or recovery.

7.6 Software licenses

The client is responsible for valid software licenses, product keys, subscriptions and account access. Computer Repair Twente is not required to reinstall illegal, unknown or non-transferable software.

7.7 Illegal software

Computer Repair Twente does not cooperate with the installation, activation or distribution of illegal software, cracks, bypasses, keygens or other illegal applications.

7.8 Indemnification

The client shall indemnify Computer Repair Twente against all claims of third parties related to copyrights, software licenses, illegal software, illegal files or data on supplied devices.

8. Privacy, confidentiality and personal data

8.1 Careful handling

Computer Repair Twente handles personal data and confidential information required to carry out the assignment with care.

8.2 Purpose of processing

Personal data shall only be processed to the extent necessary for:

• performance of the contract;
• contact with the client;
• administration and invoicing;
• guarantee handling;
• legal obligations;
• security and evidence in case of disputes.

8.3 No active inspection of private files

Computer Repair Twente does not view private files unless necessary for the assignment, for example for data recovery, virus removal, migration or fault diagnosis.

8.4 Incidental access to information

If Computer Repair Twente discovers personal or confidential information during work, this will be handled confidentially.

8.5 Retention period

Personal data shall be kept for no longer than necessary for the purpose for which they were collected, unless a statutory retention obligation applies.

8.6 Data breaches

If there is a data breach covered by the statutory reporting obligation, Computer Repair Twente will take appropriate measures in accordance with applicable privacy laws.

8.7 Devices with sensitive data

The client is personally responsible for the removal, encryption or security of sensitive data before a device is supplied, unless otherwise expressly agreed.

9. Theft, loss, damage and calamities

9.1 Calamities

Computer Repair Twente is not liable for loss, theft, damage or disclosure of data, software, confidential information or devices as a result of burglary, theft, fire, water damage, vandalism, power failure, force majeure or other disasters, except in cases of intent or deliberate recklessness.

9.2 Locations

This restriction applies regardless of whether the event takes place in the workshop, during transport, during storage, at a third party, at the location of the client or at another location.

9.3 Backup and security

The client remains responsible for backups, encryption, passwords, security and access security of supplied devices.

9.4 Consequential loss

Computer Repair Twente is not liable for consequential damage such as data leaks, identity fraud, reputational damage, business interruption, loss of customers, loss of turnover, missed savings or financial damage due to loss, theft or damage to a device or data.

9.5 Indemnification against third-party claims

The client shall indemnify Computer Repair Twente against claims of third parties arising from loss, theft, damage or disclosure of data or devices, to the extent permitted by law.

10. Liability

10.1 Limitation of liability

Computer Repair Twente is solely liable for direct damage which is the direct result of a demonstrable deficiency of Computer Repair Twente.

10.2 No liability for indirect damage

Computer Repair Twente is not liable for indirect damages, consequential damages, business losses, loss of profits, loss of revenue, loss of data, loss of goodwill, reputation damage, third party claims or damage caused by business interruption.

10.3 Maximum liability

To the extent permitted by law, the total liability of Computer Repair Twente is limited to the invoice amount of the contract in question, with a maximum of the amount paid by the liability insurance in the case in question.

10.4 High-value devices

If the client provides a device of high financial, business or sentimental value, the client must notify us of this in writing in advance. Without this notification, Computer Repair Twente assumes it is standard consumer or business equipment with a normal replacement value.

10.5 Existing defects

Computer Repair Twente is not liable for damage resulting from existing defects, wear, age, production errors, previous repairs, hidden damage or incorrect information provided by the client.

10.6 Complaint period

The client must report any alleged damage or deficiency in writing as soon as possible, but at the latest within 14 days after discovery. In the absence of timely notification, the right to compensation may lapse, to the extent permitted by law.

10.7 Consumer rights

Consumers are subject to legal rights that cannot be excluded from contract. Provisions in these conditions apply only to the extent permitted by law.

11. Payment and payment deadlines

11.1 Payment by private customers

Private customers pay upon delivery, unless otherwise agreed in writing. Payment can be made via cash, debit, bank transfer, payment link or any other agreed payment method.

11.2 Payment by business customers

Business customers must pay within the payment period stated on the invoice. If no period is specified, payment is due within 14 days of the invoice date.

11.3 No release of the device while payment is outstanding

Computer Repair Twente is entitled to hold a device, part or product until full payment has been made, to the extent permitted by law.

11.4 Default on payment

In the case of late payment, the client is automatically in default after the expiry of the payment period, unless the law requires further notice of default.

11.5 Statutory interest

The client owes statutory interest from the due date. Different statutory interest rates may apply to consumers and business customers.

11.6 Debt collection costs

All reasonable extrajudicial and judicial collection costs shall be borne by the client, in accordance with the legal rules.

11.7 Suspension of work

Computer Repair Twente is entitled to suspend work, deliveries, support, warranty service or follow-up appointments while amounts remain unpaid.

11.8 Partial payments

Partial payments are only allowed if agreed in advance in writing.

11.9 Disputing an invoice

A dispute of part of the invoice shall not suspend the payment obligation for the uncontested part.

12. Retention of title and right of retention

12.1 Retention of title

All delivered parts, products and materials remain the property of Computer Repair Twente until full payment has taken place.

12.2 Repossession of parts

In case of non-payment, Computer Repair Twente is entitled to take back delivered parts, to the extent that this is reasonably possible and permitted by law.

12.3 Right of retention

Computer Repair Twente may hold a device or product until the client has fulfilled all outstanding amounts relating to the contract, to the extent permitted by law.

12.4 Risk after completion

After delivery or ready-to-use notification, the device remains at the client's expense and risk, even if the device has not yet been picked up.

13. Uncollected devices

13.1 Collection period

Devices must be collected within 30 days of notification that they are ready or termination of the assignment, unless otherwise agreed in writing.

13.2 Storage costs

Upon expiry of this period, Computer Repair Twente may charge storage costs.

13.3 Contact attempts

Computer Repair Twente will make reasonable attempts to remind the client to retrieve the device via the known contact details.

13.4 Failure to collect after 90 days

If a device has not been retrieved after 90 days and several contact attempts have been made, Computer Repair Twente reserves the right to dispose of, recycle, sell or otherwise process the device in order to compensate for outstanding costs, to the extent permitted by law.

13.5 Data on uncollected devices

The client remains responsible for data on non-retrieved devices. Computer Repair Twente is not liable for loss, deletion or disclosure of data after the reasonable collection period has expired.

13.6 Outstanding costs remain due

Disposal, sale or recycling of a device shall be without prejudice to outstanding payment obligations, unless otherwise agreed in writing.

14. Remote support and on-site work

14.1 Remote support

In the case of remote support, the client authorizes Computer Repair Twente to temporarily access the device or system.

14.2 Your responsibility during remote support

The client remains responsible for what is visible on the screen during remote support. The principal shall close or protect confidential information if it is not relevant to the contract.

14.3 Connection and availability

Computer Repair Twente is not liable for delay or failed support due to bad internet connection, blockages, security software, missing rights, external malfunctions or third party systems.

14.4 On-site work

When working on site, the client ensures safe access, a suitable workplace, power supply, internet access and any necessary login data.

14.5 Call-out charges

On-site work may be subject to call-out costs or start-up charges. These are made known in advance or mentioned on the website/offer.

14.6 Waiting time

If Computer Repair Twente has to wait on site because of circumstances on the client’s side, this waiting time may be charged.

15. Websites, hosting, email and online services

15.1 Application

If Computer Repair Twente provides websites, hosting, email, domains, maintenance or online services, any additional arrangements in the quotation, agreement or service description apply alongside these general terms and conditions.

15.2 Third parties

Computer Repair Twente may use third parties such as hosting providers, domain registrars, email services, plugins, themes, software suppliers and external platforms.

15.3 No warranty on external services

Computer Repair Twente is not liable for faults, price changes, security issues, downtime, data loss or changes at third-party providers.

15.4 Updates and maintenance

Web sites and software may require updates for security and operation. Computer Repair Twente is not liable for any problems arising from the client's refusal or delay of maintenance, updates or security advice.

15.5 Content of websites

The client is responsible for the supplied texts, images, logos, trademarks, personal data, legal pages and other content on the website, unless otherwise agreed in writing.

15.6 Website backups

Backups of websites, databases and email depend on the agreed arrangements and the hosting provider’s capabilities. Without a written agreement, there is no unlimited backup obligation.

15.7 Security

Computer Repair Twente works to provide websites and systems with care, but can never guarantee that a website, mailbox, server or system will remain completely free from hacks, spam, malware or abuse.

16. Right of withdrawal and remotely arranged work

16.1 Consumers making distance purchases

If a consumer enters into a contract via the Internet, telephone, e-mail or any other means of communication at a distance, the right of withdrawal may apply.

16.2 Exceptions

The right of withdrawal may be revoked or limited under conditions, for example where:

• the consumer expressly requests that work start immediately;
• the service is fully performed within the cooling-off period;
• they are custom made or specially ordered parts;
• sealed software or digital products have been opened or used;
• the law allows an exception.

16.3 Starting during the cooling-off period

If the consumer wants Computer Repair Twente to start work within the cooling-off period, Computer Repair Twente can ask for explicit permission. For work already carried out, costs may be due.

16.4 Business customers

Business customers shall not have a right of withdrawal under consumer law unless otherwise agreed in writing.

17. Complaints

17.1 Complaint notification

Complaints about work performed must be reported in writing or by email as soon as possible after discovery.

17.2 Clear description

The client must describe the complaint as clearly as possible, preferably with photos, error messages, an order number, an invoice number or other relevant information.

17.3 Opportunity to remedy the issue

Computer Repair Twente must always be given a reasonable opportunity to investigate a complaint and, if it is justified, to remedy the problem.

17.4 No remedial work by third parties without consultation

If the client engages a third party to remedy the problem without consultation, the right to free remedial work by Computer Repair Twente lapses, unless there is an urgent emergency or a statutory exception.

18. Force majeure

18.1 Force majeure situations

Computer Repair Twente is not liable for deficiencies or delays due to force majeure. Force majeure shall mean, inter alia:

• power failures;
• Internet or network failures;
• illness;
• fire, water damage or theft;
• supply problems;
• transport problems;
• faults with suppliers;
• State measures;
• war, pandemic or emergency;
• cyber attacks;
• malfunctions with hosting, cloud or software providers.

18.2 Suspension

In case of force majeure, Computer Repair Twente may suspend the performance of the contract as long as the force majeure persists.

18.3 Termination

If execution is permanently impossible, both parties may terminate the agreement in whole or in part. Work already carried out and costs incurred remain due.

19. Communication

19.1 Communication channels

Communication can take place via email, telephone, WhatsApp, SMS, contact form, customer portal or other usual channels.

19.2 Ability to contact the client

The client is responsible for providing accurate and up-to-date contact information.

19.3 Consequences of not responding

If the client does not respond or does not respond in time to requests for agreement, information or pick-up, this may result in delay, additional costs, storage costs or termination of the contract.

19.4 Proof of communication

Computer Repair Twente may retain communication for administration, evidence, warranty handling and disputes, to the extent permitted under privacy law.

20. Applicable law and disputes

20.1 Dutch law

All contracts, offers, works and deliveries of Computer Repair Twente are governed exclusively by Dutch law.

20.2 Competent court

Disputes shall be brought before the competent court in the district in which Computer Repair Twente is established, unless the law requires another court to be appointed.

20.3 First discuss the matter together

The Parties will endeavour to resolve disputes by mutual agreement before legal action is taken.

21. Final provisions

21.1 Changes to the terms

Computer Repair Twente may modify these general terms and conditions. The latest version is published on the website or provided on request.

21.2 Version

These general terms and conditions are drawn up for use by Computer Repair Twente and apply from the date of publication on the website.

21.3 Contact

For questions about these general terms and conditions, contact Computer Repair Twente via the contact details on the website.