Terms and Conditions

Introduction

These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our Website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.

Article 1. Definitions

1.1. Comexr B.V.: based in Hengelo and registered with the Chamber of Commerce under file number 72897775, trading as LaptopwithLinux
1.2. Website: the Website of Comexr B.V., to be found on Laptopwithlinux.com and all of its subdomains.
1.3. Customer: the natural person or corporation who enters into an agreement with Comexr B.V. and/or is registered on the Website.
1.4. Agreement: any arrangement or agreement between Comexr B.V. and Customer of which the General Terms and Conditions are an integral part.
1.5. General Terms and Conditions: these General Terms and Conditions.

Article 2. Applicability of the General Terms and Conditions

2.1. The General Terms and Conditions apply to all offers, agreements and deliveries of Comexr B.V., unless explicitly agreed otherwise in writing.

2.2. If Customer in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not included in the General Terms and Conditions, such provisions will only be binding upon Comexr B.V. if and in so far as Comexr B.V. has accepted them in writing.

2.3. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, Customer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.

Article 3. Prices and information

3.1. All prices posted on the Website and in other materials originating from Comexr B.V. include taxes and other levies imposed by the government, unless stated otherwise on the website.

3.2. There are no separate shipping costs.

3.3. The content of the Website is composed with the greatest care. Comexr B.V. cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from Comexr B.V. are subject to obvious programming and typing errors.

3.4. Comexr B.V. cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen.

Article 4. Conclusion of the Agreement

4.1. The Agreement will be deemed to be concluded at the moment Customer accepts the offer of Comexr B.V. subject to the conditions laid down by Comexr B.V.

4.2. If Customer has accepted the offer by electronic means, Comexr B.V. will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, Customer will have the possibility to terminate the Agreement.

4.3. If it is found that, in accepting or otherwise entering into the Agreement, Customerhas provided incorrect data, Comexr B.V. will have the right to postpone the Agreement until the correct data is received.

Article 5. Registration

5.1. To make optimal use of the Website, Consumer can register using the registration form/the account sign-in option on the Website.

5.2. During the registration process, Consumer will be asked to choose a user name and password with which he can log on to the Website. Consumer alone is responsible for choosing a sufficiently reliable password.

5.3. Consumer must keep its login credentials, user name and password strictly confidential. Comexr B.V. cannot be held liable for any misuse of the login credentials and is always entitled to assume that Consumer who logs on to the Website is the party that it professes to be. Consumer is responsible for and bears the full risk of any and all actions and transactions performed via Consumer’s account.

5.4. If Consumer knows or has reason to suspect that its login details have become available to unauthorised parties, it will be required to change its password as soon as possible and/or to notify Comexr B.V. accordingly so as to allow Comexr B.V. to take appropriate measures.

Article 6. Execution of the Agreement

6.1. As soon as Comexr B.V. has received the order, it will send the products to Consumer without delay and with due regard for the provisions of paragraph 3 of this article.

6.2. Comexr B.V. is authorised to engage third parties in the fulfilment of its obligations under the Agreement.

6.3. Well ahead of the date on which the Agreement is signed, information will be posted on the Website which clearly describes the manner in which and the term within which the products will be delivered. If no delivery term has been agreed or stated, the products will be delivered within 30 days at the latest.

6.4. If Comexr B.V. is unable to deliver the products within the agreed term, it will notify Consumer accordingly. In that case Consumer can decide either to agree to a new delivery date or to terminate the Agreement without incurring any costs.

6.5. Comexr B.V. advises Consumer to inspect the products upon delivery and to report any defects within an appropriate period, preferably in writing or by email. For further details, see the article about guarantee and conformity.

6.6. The risks associated with the products will transfer to Consumer as soon as the products are delivered at the agreed delivery address.

6.7. If the ordered product can no longer be supplied, Comexr B.V. is entitled to deliver a product which is comparable in nature and quality to the ordered product. In that case, Consumer will have the right to terminate the Agreement without incurring any costs and to return the product free of charge.

Article 7. Right of withdrawal/return

7.1. This article only applies if Consumer is a natural person who is not acting in his or her professional or commercial capacity. Business Consumers therefore have no right of withdrawal.

7.2. Consumer will have the right to dissolve the distance Agreement with Comexr B.V. within 14 days after receiving the product, free of charge and without stating reasons.

7.3. The term commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:

  • if the delivery of a product involves different deliveries or parts: the day on which Consumer, or a third party designated by Consumer, received the last delivery or the last part;
  • with contracts for the regular delivery of products during a given period: the day on which Consumer, or a third party designated by Consumer, received the last product;
  • if Consumer has ordered several products: the day on which Consumer, or a third party designated by Consumer, received the last product.

7.4. Only the direct costs incurred for the return shipment are for Consumer’s account. This means that Consumer will have to pay the costs of returning the product. Any shipping costs paid by Consumer and the purchase price paid for the product will be refunded to Consumer if the entire order is returned.

7.5. During the withdrawal period referred to in paragraph 1, Consumer will treat the product and its packaging with the utmost care. Consumer may not open the packaging or use the product unless this is necessary in order to determine the nature of the products, their features and their operation.

7.6. Consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted.

7.7. Consumer can terminate the Agreement in accordance with paragraph 1 of this article by reporting the withdrawal (digital or in other form) to Comexr B.V., within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way. If Comexr B.V. makes it possible for Consumer to declare his withdrawal via electronic/digital means, then after receiving such a declaration, Comexr B.V. sends immediate confirmation of receipt.

7.8. As quickly as possible, but no later than 14 days after the day of reporting as referred to in paragraph 1, Consumer shall return the product, or hand it over to (a representative of) Comexr B.V. Consumer can send the product directly to Comexr B.V. without a notice of withdrawal in advance within the period as mentioned in paragraph 1. Consumer must, in this case, include a written notice of withdrawal, such as the model form.

Products can be returned to the following address:

Laptopwithlinux
Demmersweg 86,
7556BN Hengelo
The Netherlands

7.9. Any amounts already paid by Consumer (in advance) will be refunded to Consumer as soon as possible, and in any case within 14 days after dissolution of the Agreement. If Consumer chose an expensive method of delivery in preference to the cheapest standard delivery, Comexr B.V. does not have to refund the additional costs of the more expensive method. Except in cases in which Comexr B.V. has offered to retrieve the product himself, he can postpone refunding until he has received the product or until Consumer proves he has returned the product, depending on which occurs earlier.

7.10. Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the Website, well before the Agreement is concluded.

7.11. The right of withdrawal does not apply to:

  • The delivery of digital content other than on a material medium, but only if the delivery commenced with Consumer explicit prior agreement, and Consumer declared that this implied his having lost his right of withdrawal;
  • Audio and video recordings and computer software whose seal the consumer has broken.

Article 8. Payment

8.1. Customer shall pay the amounts due to Comexr B.V. in accordance with the ordering procedure and any payment methods indicated on the Website. Comexr B.V. is free to offer any payment method of its choice and may change these methods at any time. In cases of payment after delivery Customer will be given a term of payment of 14 days entering on the day after delivery.

8.2. In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.

The payment method Pay in [14] days is only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

8.3. If Customer does not complete his payment obligation, he will be indebted the legal interest over the belated payment. Comexr B.V. needs to remind Customer of the belated payment and Comexr B.V. has to give Customer a term of 14 days to complete the payment obligation. After failing this 14 days term Comexr B.V. is allowed to recover any extrajudicial debt collection costs on Customer. These debt collection costs are not higher than: 15% of the open payment with a maximum of € 2.500,-; 10% of the next € 2.500,- and 5% over the next € 5.000,- with a minimum of € 40,-. Comexr B.V. is allowed to deviate from the named amounts and percentages in the advantages of Customer.

Article 9. Warranty and conformity

9.1. This article only applies if Consumer is a natural person who is not acting in his or her professional or commercial capacity. If Comexr B.V. gives a separate warranty on the products then, without prejudice to the aforesaid, this applies to all types of Consumers.

9.2. Comexr B.V. guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, Comexr B.V. also guarantees that the product is suitable for other than normal use.

9.3. If the delivered product is not in conformity with the Agreement, Consumer must inform Comexr B.V. within a reasonable period of time after he has discovered the defect.

9.4. If Comexr B.V. deems the complaint to be correct, the faulty product(s) will be repaired, replaced or refunded in consultation with Consumer. The maximum amount of compensation is, having regard to the Article on liability, equal to the price paid by Consumer for the product.

9.5. The warranty applies for the period defined on the invoice of the order for the Product. For example: 24 months, from the date The Product was first purchased by an end user (Purchase Date or Invoice Date), The Product is warranted for two years. If proof of purchase (invoice) cannot be provided, the date of production/assembly of The Product, as determined by Comexr B.V., will be taken as the start of the warranty period.

9.6. The warranty of the battery and/or accumulator is at all times and without exclusion 12 months from the date of purchase (invoice date).

9.7. The warranty is given independently of any non-excludable legal warranties or guarantees applicable in the country of purchase and does not affect or in any way limit these legal warranties or guarantees.

9.8. Comexr B.V. warrants the Product to be free from defects in material and workmanship during the warranty period. The warranty does not cover bundled accessories supplied with The Product, such as cables, bag, mouse, etc. If, during the warranty period, The Product is defective during normal and proper use, Comexr B.V. will repair or replace the defective parts of The Product, or The Product itself, with new or repaired parts or products that are functionally equivalent or better than the parts or products originally supplied.

9.9. All parts repaired or replaced by Comexr B.V. are guaranteed for the remainder of the guarantee period, but at least 3 (three) months, depending on which period applies. Comexr B.V. can repair the originally configured operating system bundled with The Product. Comexr B.V. will not restore or transfer any data or software contained on the original storage media of The Product. If The Product is repaired, any information generated by the user may be permanently deleted.

9.10. If The Product is under warranty, you hereby agree that ownership of the replaced defective parts is automatically transferred to Comexr B.V..

9.11. Software included with the Product is supplied “as is”. Comexr B.V. does not guarantee the uninterrupted or error-free operation of any software supplied with the Product. This warranty covers the hardware of the Product. Comexr B.V. will only provide technical support for the pre-installed software of the Product if it interferes with the proper functioning of the hardware. For other problems with the software, we recommend that you consult the Comexr B.V. support website and/or other online resources. Third party software may require support from the respective vendors.

9.12. Comexr B.V. only provides warranty for the LCD/LED display of your Comexr B.V. Product under the following conditions, excluding one month dead-pixel warranty, commencing from the date of purchase (invoice date) up to 30 days from that date or additional dead-pixel warranty:

  • there are a total of 3 bright pixels, 5 dark pixels or 8 bright and/or dark pixels.
  • there are 2 adjacent bright pixels or 2 adjacent dark pixels.
  • there are 3 bright and.or dark pixels within a diameter of 15 mm.
    (Note: A bright pixel is a white or sub-pixel on a black background. A dark pixel is a black or sub-pixel on a colored background except black).

The research conditions are:

  • Not less than 30 cm distance, in a straight line, between LCD/LED display and inspector.
  • Room temperature between 20-40 degrees Celsius.
  • Lighting between 300 and 500 lux.

9.13. Responsibility customer Using the product

  • Do not keep the Product connected to the power supply when it is fully charged and not in use; some electrical devices are not designed to be connected to the power supply for long periods of time.
  • Regularly back up the data stored on The Product.
  • Keep the original packaging. If the Product has to be returned for repair, the original packaging of the Product may provide better protection during transportation.
  • Before contacting Comexr B.V. technical support, make sure you have the Product on hand and that it is turned on if possible. Also make sure you have the Product’s serial number, model name and proof of purchase (invoice) on hand.
  • The contact details for technical support can be found on https://laptopwithlinux.com/customerservice/.
  • Comexr B.V. may ask you to participate in troubleshooting for The Product. may include:
    • Restoring the operating system of The Product, through the drivers installed by Comexr B.V. and factory settings.
    • Installeren van updates, patches of service packs.
    • Running diagnostic tools and programs on The Product.
    • Provide Comexr B.V. technical support with external diagnostic tools (if available) to access The Product.
    • Carrying out any other reasonable activities requested by Comexr B.V. that may help to identify or solve the problems.
  • If the problem cannot be solved externally, you will have to send The Product back to Comexr B.V. (this process is called “Warranty Request”). Comexr B.V. will give your product a Warranty Number. Make a note of your Warranty Number for tracking purposes.
  • Describe the problem clearly and completely on the Warranty Request Form.
  • Please enclose a copy of your invoice/receipt describing your purchase of The Product.
    (Note: Comexr B.V. reserves the right to require the original documents). If you do not provide the documents required to confirm the warranty, the original production date of The Product, as recorded by Comexr B.V., will be used as the beginning of the warranty period.
  • Make sure that you have a backup of all data stored on The Product and that you delete any personal, confidential or other proprietary information before starting the warranty process. You agree that Comexr B.V. may delete data, software or programs installed on The Product without restoring them. Comexr B.V. cannot be held responsible for permanent loss, damage or misuse of your data.
  • Pack the Product in a safe and sturdy packaging. It is possible to use the original packaging for this purpose. In any case, the packaging must meet the following requirements:
    • Use a sturdy box whose closing flaps are intact;
    • Remove all labels, hazardous substance labels, and other markings from previous shipments from the box that no longer apply;
    • Pack all items separately;
    • Use suitable filling material;
    • Use strong tape suitable for shipping;
    • Do not use a cord or paper wrap;
    • Use only one address label with clear and complete delivery and return information;
    • Add an extra address label in the packaging;
  • Please do not send anything other than The Product itself unless specifically requested by Comexr B.V.. Remove accessories and removable storage devices such as memory cards, discs and flash drives from The Product. Comexr B.V. cannot be held liable for loss, damage or destruction of accessories or removable storage devices unless this is caused by intent or gross negligence on the part of Comexr B.V..
  • Remove passwords that protect The Product or pass them on to Comexr B.V.. If access to The Product is password protected, Comexr B.V. may not be able to detect and repair all problems with The Product.
  • If The Product has the function TPM (Trusted Platform Module), provide the pre-boot password of the built-in security ship.

9.14. Comexr B.V. does not guarantee uninterrupted or faultless operation of the Product. The warranty only covers technical hardware problems during the warranty period and under normal conditions of use. The warranty does not cover software problems or damage or circumstances caused by the customer, including but not limited to:

  1. If The Product has been tampered with, repaired and/or modified by unauthorized personnel;
  2. If the serial number of The Product, parts or accessories has been changed, cancelled or deleted;
  3. The guarantee seals are broken or altered;
  4. Aging;
  5. Damage (accidental or otherwise) to The Product that does not affect the operation and functions of The Product, including but not limited to rust, change of colour, texture or finish, wear and tear and gradual wear and tear;
  6. Damage to the Product caused by war, terrorism, fire, accidents, natural disasters, intentional or unintentional misuse, improper use, improper maintenance and use under abnormal conditions;
  7. Damage to the Product caused by improper installation, connection, or malfunction of a peripheral device, such as a printer, optical drive, network card, or USB device, etc;
  8. Damage to the Product caused by an external electrical fault or an accident;
  9. Damage to the Product caused by use other than within the prescribed operating and storage conditions or environment, as described in the user manual;
  10. Damage to the Product caused by third party software or viruses; or loss of software or data during repair or replacement;
  11. Unserviceability due to forgotten or lost security passwords;
  12. Uselessness or damage to the Product due to contamination with hazardous substances, disease, vermin or radiation;
  13. Fraud, theft, unexplained disappearance or intent.

Except as stated in this warranty and to the fullest extent permitted by law, Comexr B.V. is not responsible for any direct, special, incidental or consequential damages resulting from a breach of warranty or condition or under any other theory of law, including, without limitation, loss of use; loss of business; loss of actual or anticipated profits (including loss of profits on contracts); loss of use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of or damage to or corruption of data; or indirect or consequential loss or damage resulting from replacing equipment or property, costs of repairing or rebuilding data stored on or used with The Product. The foregoing limitation does not apply to death or personal injury claims or any other legal liability for willful and negligent acts and/or omissions by Comexr B.V.. Certain jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; to the extent such jurisdictions govern this warranty, these limitations do not apply to you.

9.15. You agree and understand that Comexr B.V. must collect, forward and process personal data in order to perform the requested service; and that for this purpose your data may be forwarded and processed in a country where Comexr B.V. maintains an office. However, when using and protecting your personal data, Comexr B.V. will at all times observe the Comexr B.V. Privacy Policy. Please consult the Comexr B.V. Privacy Policy at: https://laptopwithlinux.com/privacy-statement/.

9.16. Returning the Product to Comexr B.V. during the warranty period does not automatically mean that it will be repaired free of charge. Upon receipt of your product, Comexr B.V. reserves the right to check the validity of your warranty and your request for warranty service. If the warranty period has expired or if the exceptions in clause 5 apply, your request will be considered out of warranty. If your service request is Out of Warranty, a service charge list with a quotation for repair will be provided to you. You may accept or reject it. If you accept the repair, we will send you an invoice for the work, spare parts and other costs listed in the service charge list. You must pay the invoice within two weeks of the date the invoice is issued. The repair will only be carried out after the invoice has been paid. To the maximum extent permitted by law, Comexr B.V. may charge you a diagnostic fee (including transport costs, if any) up to a maximum of EUR 100 (or the equivalent in local currency) if your service request is Out of Warranty and you refuse the repair; or if your product does not require repair.

Artikel 10. Warranty on business purchases

10.1. Comexr B.V. guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, Comexr B.V. also guarantees that the product is suitable for other than normal use. Otherwise, it applies that the product is suitable for normal use. Additionally, Comexr B.V. gives a 1 jaar warranty for all purchases.

10.2. If the delivered product is not in conformity with the Agreement, Customer must inform Comexr B.V. within a maximum period of 14 days after delivery. Should the Customer fail to do so, then the Business Consumer is no longer entitled to have the product repaired, replaced or (partially) refunded.

10.3. If Comexr B.V. deems the complaint to be correct, the faulty product(s) will be repaired, replaced or (partially) refunded in consultation with the Customer.

10.4. Articles 9.5 to 9.16 of these general terms and conditions also apply to warranty for business purchases.

Article 11. Complaints handling procedure

11.1. If Customer has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of Comexr B.V.’s service, it can submit a complaint by telephone, by email or by post. See the contact details at the bottom of the General Terms and Conditions.

11.2. Comexr B.V. will respond to the complaint as soon as possible, and in any case within 7 days after having received it. If it is not yet possible for Comexr B.V. to formulate a substantive reaction to the complaint by that time, Comexr B.V. will confirm receipt of the complaint within 7 days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to Customer’s complaint.

11.3. If Customer is a natural person who is not acting in his or her professional or commercial capacity, it can file a complaint through the European Online Dispute Resolution platform, available at: http://ec.europa.eu/odr/.

Article 12. Liability

12.1. This Article only applies if Consumer is a natural person or a legal entity who is acting in a professional or commercial capacity.

12.2. The total liability of Comexr B.V. in respect of Consumer due to an attributable failure to perform the Agreement is limited to compensation not exceeding the price stipulated for that particular Agreement (including VAT).

12.3. The liability of Comexr B.V. in respect of Consumer for indirect damage or loss, which in any case includes – but is explicitly not limited to – consequential damage, lost profit, lost savings, loss of data and damage due to business interruption, is excluded.

12.4. Aside from the cases referred to in the two previous paragraphs of this Article, Comexr B.V. is not subject to any liability at all in respect of Consumer for damages, irrespective of the ground on which the action for damages is based. The restrictions set out in this Article, will, however, cease to apply if and insofar as the damage or loss is the result of an intentional act or gross negligence on the part of Comexr B.V.

12.5. Comexr B.V. will only be liable to Consumer on account of an attributable failure in the performance of an agreement if Consumer issues a proper notice of default to Comexr B.V. without delay stipulating a reasonable period of time in which to remedy the failure, and Comexr B.V. also continues to fail to perform its obligations after that period. The notice of default must contain a description of the failure in as much detail as possible to enable Comexr B.V. to provide an adequate response.

12.6. Any event giving right to compensation is always subject to the condition that Consumer reports the damage or loss in writing to Comexr B.V. as soon as possible, but no later than within 30 days after the damage or loss has arisen.

12.7. In the event of force majeure Comexr B.V. is not liable to pay compensation for any damage or loss Consumer has incurred as a result.

Article 13. Retention of title

13.1. As long as Business Consumer has not made any full payment on the total amount agreed Comexr B.V. will retain ownership of all the goods delivered (including possible debt collection costs and interest).

13.2. Before the transfer of ownership, Business Consumer is not authorized to, other than corresponding to his normal company and normal destination of the goods, sell, deliver or any other way of misappropriation. Furthermore, Business Consumer is not allowed to pawn the goods or to give any rights regarding the goods to third parties as long as the transfer of ownership has not been completed.

13.3. Business Consumer is obliged to keep any goods that are delivered under reservation of ownership with care and recognizable as property of Comexr B.V.

13.4. Comexr B.V. is entitled to withdraw any goods delivered under reservation of ownership and in the possession of Business Consumer, if Business Consumer has neglected to pay the invoices or has been confronted with payment difficulties.

13.5. Business Consumer shall give Comexr B.V. access to his goods at any time to inspect and/or to exercise the rights of Comexr B.V.

Article 14. Personal details

14.1. Comexr B.V. will process the Consumer’s personal details in accordance with the privacy statement, which can be found at https://laptopwithlinux.com/privacy-statement/.

Article 15. Final provisions

15.1. This agreement is governed by the laws of the country of establisment of the webshop.

15.2. Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where Comexr B.V. has its registered office.

15.3. If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.

15.4. The term ‘written’ in these General Terms and Conditions also refers to communication by email and fax, provided that the sender’s identity and the integrity of the email message have been sufficiently established.

Contact details

Should you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter.

Comexr B.V. – LaptopwithLinux
PrinsesBeatrixstraat 32-4
7551BM, Hengelo
The Netherlands

Office:
Comexr B.V. – LaptopwithLinux
Demmersweg 86
7556BN, Hengelo
Nederland
The Netherlands

Tel.: +31850606000
Email: [email protected]

Chamber of Commerce: 72897775
VAT: NL859278748B01

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