Shipping policy

Article 1 – Applicability

  1. In these general terms and conditions, Pine Supplies B.V., with its statutory seat in Harderwijk, operating under the name “TelecomHunter”, is referred to as “Telecomhunter”, and the (legal) persons to whom an offer is addressed and/or with whom an agreement is concluded are referred to as “the customer”.
  2. These general terms and conditions apply to all offers made by and agreements concluded with TelecomHunter. Any deviations from these general terms and conditions are only valid if accepted in writing by TelecomHunter. The customer’s general terms and conditions do not apply to offers made by or agreements concluded with TelecomHunter.
  3. The nullity or annulment of one or more provisions of these general terms and conditions does not affect the applicability of the remaining provisions. TelecomHunter and the customer shall consult with each other in order to replace any void or annulled provisions with provisions that, as far as possible, correspond to the purpose and intent of the void or annulled provisions.
  4. In these general terms and conditions, “in writing” also includes the electronic form, including but not limited to email and fax messages. In the event of a dispute regarding whether an electronic message has been received, TelecomHunter’s administration and/or log files shall be decisive. In the event of a dispute, Telecomhunter shall make these records and/or log files available to the customer.

 

Article 2 – Offer and agreement

  1. An offer made by TelecomHunter is without obligation and may be revoked, withdrawn, or amended by TelecomHunter up to and including the third day after TelecomHunter has become aware of the acceptance of its offer.
  2. An offer made by TelecomHunter is valid for 30 days after its dispatch date, unless a different validity period is stated in the offer or the validity period is extended in writing by TelecomHunter before it expires.
  3. If TelecomHunter has made an offer, an agreement between TelecomHunter and the customer shall only be concluded through the customer’s unconditional acceptance of TelecomHunter’s offer and/or through TelecomHunter’s performance of an order from the customer. If the customer’s acceptance and/or order deviates from TelecomHunter’s offer, the offer shall prevail.
  4. If TelecomHunter has not made an offer, an agreement shall only be concluded through TelecomHunter’s written acceptance of the customer’s order. If the written acceptance deviates from the order, the acceptance shall prevail.
  5. Changes to and/or additions to the agreement are only valid after such changes and/or additions have been agreed in writing by TelecomHunter and the customer.
  6. TelecomHunter is entitled to have the agreement performed by third parties.
  7. The customer is only entitled to cancel the agreement if this has been expressly agreed in that agreement. If the customer validly cancels the agreement, the customer is obliged to compensate TelecomHunter for the costs incurred by TelecomHunter in connection with making the offer and the formation and performance of the agreement, as well as the damage resulting from the cancellation. The costs incurred by TelecomHunter will be specified and communicated to the customer in writing.
  8. TelecomHunter is entitled to terminate and/or dissolve the agreement in whole or in part with immediate effect and/or to suspend the performance of its obligations arising from the agreement in whole or in part with immediate effect if:
    1. the customer culpably fails to fulfil one or more obligations arising from the agreement and is in default, whereby, in the case of the expiry of a final performance period, TelecomHunter shall not be required to issue a notice of default;
    2. a request for (provisional) suspension of payments has been filed in respect of the customer;
    3. a request for the customer’s bankruptcy has been filed;
    4. a resolution has been adopted to dissolve and/or liquidate the customer, being a legal entity;
    5. the customer has died or has been placed under guardianship. If TelecomHunter has already performed (in part) and/or has incurred costs as referred to in Article 2(7), the successors in the event of the customer’s death shall reimburse the costs based on universal succession;
    6. one or more shares in the customer have been transferred to persons other than the shareholder(s) at the time the agreement was concluded;
    7. the business operated by the customer has been transferred in whole or in part to one or more others;
    8. TelecomHunter shall never be liable to the customer for any damages as a result of terminating the agreement and/or suspending obligations for the reasons referred to above.
  9. If the agreement is dissolved, the performances already received by the customer in execution of the agreement and the related payment obligations of the customer shall not be subject to an obligation to undo, unless TelecomHunter is in default with respect to those performances. Amounts invoiced by TelecomHunter in connection with performances rendered before or at the time of dissolution shall become immediately due and payable by the customer upon dissolution.

 

Article 3 – Delivery, acceptance and returns

  1. Delivery of goods by TelecomHunter to the customer shall take place at the customer’s place of business and shall only take place at another location if agreed in writing. TelecomHunter is entitled to deliver quantities in parts.
  2. The costs of transport, shipment, import, export, storage, and insurance of goods to be delivered by TelecomHunter to the customer shall be borne by the customer, even if transport, shipment, import, export, storage and/or insurance documents state otherwise.
  3. Unless otherwise agreed, delivery of goods by TelecomHunter shall take place after the customer has paid the amounts due for the delivery of those goods.
  4. Delivery times stated by TelecomHunter are determined to the best of its knowledge based on information known to TelecomHunter at the time the agreement is concluded. They do not form an essential part of the agreement and will be observed as much as possible. TelecomHunter shall not be in default solely due to exceeding a stated delivery time. Exceeding a stated delivery time does not entitle the customer to dissolve the agreement in whole or in part. If TelecomHunter expects to exceed a delivery time, TelecomHunter will consult with the customer as soon as possible. TelecomHunter is not bound by delivery times that cannot be met due to circumstances beyond TelecomHunter’s control arising after the agreement has been concluded.
  5. The customer is obliged to accept goods to be delivered on call at the agreed call-off times. If no call-off times have been agreed, the customer must accept all goods no later than 6 weeks after the agreement has been concluded.
  6. Without prejudice to Articles 3(2) above and Article 5 below, goods delivered by TelecomHunter shall be at the customer’s risk from the moment the customer or a person acting on the customer’s behalf has actual control over such goods.
  7. Without prejudice to Article 7, TelecomHunter is not obliged, without its prior written consent, to accept goods returned by the customer. Acceptance of returned goods does not imply TelecomHunter’s acknowledgement of the reason for return. Returned goods remain at the customer’s risk, and the customer remains liable for payment of the agreed amounts until TelecomHunter has credited the customer for those goods. If TelecomHunter does not accept returned goods, the customer must reimburse TelecomHunter for the costs incurred by TelecomHunter in connection with the returned goods.
  8. Goods delivered by TelecomHunter that have been used, modified, processed, or delivered to others in whole or in part by the customer shall be deemed to conform to the agreement.
  9. The customer cannot derive any rights from deviations of goods delivered by TelecomHunter from images, drawings and/or samples provided by TelecomHunter in an offer, resulting from the illustrative nature of such images, drawings and/or samples.
  10. For online orders via TelecomHunter.nl, no additional shipping, order, or administration costs are charged for delivery to addresses in the Netherlands and Belgium. Additional costs may be charged for deliveries to other countries. Offline orders are subject to an order surcharge of €7.50 per order due to manual processing.
  11. Returning goods delivered to the customer is possible provided the item is returned within 14 business days of receipt. After TelecomHunter receives the returned goods, the invoice amount will be treated as store credit. This store credit can only be used by the customer for a subsequent purchase. TelecomHunter therefore does not provide cash refunds for returned goods.

 

Article 4 – Price and payment

  1. All prices stated by TelecomHunter are exclusive of VAT and other government-imposed levies. Prices not stated in an offer addressed exclusively to the customer are not binding on TelecomHunter. No rights can be derived by third parties from prices stated in an offer addressed to the customer.
  2. TelecomHunter is entitled to adjust agreed prices and rates with immediate effect based on the average change in the cost price of goods to be delivered and/or services to be performed by TelecomHunter. Such an adjustment does not otherwise affect the agreement.
  3. The costs of implementing changes to the agreement requested by the customer after TelecomHunter’s offer and accepted by TelecomHunter shall be borne by the customer. If unforeseen difficulties arise during performance that were not anticipated at the time the agreement was concluded, the resulting additional costs shall be borne by the customer.
  4. Invoices, including pro forma invoices, must be paid in accordance with the payment terms stated in TelecomHunter’s offer, acceptance, or invoice. If no payment term is stated, the invoice must be paid within 21 days of the invoice date (due date).
  5. Companies or institutions registered with the Chamber of Commerce may place orders on account. Delivery will take place after TelecomHunter has assessed and approved the order and the customer.
  6. Invoicing takes place on the day of delivery. The payment term is 21 days.
  7. If the customer has not paid amounts due within the applicable term, the customer shall be in default from the due date and shall owe default interest of 12% per year on the outstanding amount from the due date. If, after the first reminder, the customer fails to pay, the customer shall owe TelecomHunter the costs of legal assistance incurred in and out of court, including non-liquidated legal costs.
  8. TelecomHunter is entitled to apply payments made by the customer, despite any contrary instructions by the customer, first to satisfy claims not arising from the agreement and claims arising from the customer’s shortcomings in performing obligations under the agreement.
  9. The customer is not entitled to suspend its payment obligations towards TelecomHunter. Set-off of (payment) obligations is only possible with TelecomHunter’s written consent. The customer is not entitled to dissolve the agreement with TelecomHunter if TelecomHunter is in default.
  10. If the customer fails to fulfil its payment obligations towards TelecomHunter in full or within the applicable payment term, TelecomHunter is entitled to suspend and/or not fulfil its obligations towards the customer in full.
  11. At TelecomHunter’s first request, the customer is obliged to provide and maintain sufficient security for the fulfilment of TelecomHunter’s claims arising from the agreement. If the customer nevertheless fails to provide and/or maintain sufficient security, TelecomHunter is entitled to suspend and/or not fulfil its obligations towards the customer in full.

 

Article 5 – Retention of title and rights

  1. All goods delivered by TelecomHunter to the customer remain the property of TelecomHunter until all amounts contractually owed by the customer for delivered and/or to-be-delivered goods and/or performed and/or to-be-performed services, including amounts owed pursuant to Article 4(7) above and amounts owed in connection with the improper performance of the agreement, have been paid in full to TelecomHunter. The customer is not authorised to dispose of goods subject to the retention of title and shall inform interested parties, including intended transferees, of this lack of authority.
  2. Rights other than ownership rights are granted or transferred by TelecomHunter to the customer subject to the suspensive condition that all amounts owed to TelecomHunter for those rights, including amounts owed pursuant to Article 4(7) above and amounts owed in connection with the improper performance of the agreement, have been paid in full to TelecomHunter.

 

Article 6 – Intellectual property rights

  1. All intellectual property rights in all works created and/or provided by TelecomHunter under and/or in connection with the agreement (including: works such as software, documentation, topographies and databases, distinctive signs, inventions, drawings, models and other materials) shall exclusively vest in TelecomHunter or its licensor(s). The customer is not permitted to publish and/or reproduce such works in whole or in part and/or otherwise act as the maker and/or rights holder. Rights granted to the customer by TelecomHunter in respect of such works are limited to the non-exclusive rights expressly granted to the customer in the agreement and shall lapse with immediate effect if the works are used in violation of TelecomHunter’s and/or its licensor(s’) rights, the provisions of the agreement and/or these general terms and conditions and/or applicable statutory provisions. The rights granted to the customer are not transferable, without prejudice to any right of the customer arising from the agreement (subject to Article 5) to sell and deliver goods procured from TelecomHunter to users in the ordinary course of business.
  2. The customer is not permitted to remove or modify indications regarding intellectual property rights and the confidential nature of information contained in or on works created and/or provided by TelecomHunter and delivered goods.
  3. The customer is not permitted to (have) modify works created and/or provided by TelecomHunter without TelecomHunter’s consent.
  4. If and insofar as TelecomHunter supplies or otherwise provides software and other materials from third parties to the customer, the terms and conditions of those third parties apply to such software and materials instead of any deviating provisions in these general terms and conditions. The customer accepts the relevant third-party terms, which the customer could have reviewed upon request through TelecomHunter.
  5. The customer shall indemnify TelecomHunter against third-party claims based on the allegation that TelecomHunter infringes third-party intellectual property rights through the use of materials provided by the customer, and shall fulfil all obligations arising from such claims as its own obligations and compensate TelecomHunter for all damages arising from such claims.

 

Article 7 – Warranty

  1. TelecomHunter warrants that delivered goods meet their technical specifications and warrants that delivered goods are free from material and manufacturing defects for a period of at least twelve months after delivery. This warranty obliges TelecomHunter solely to:
    1. repair defects or supply replacement parts of goods at TelecomHunter’s expense;
    2. refund the price applicable to the part of the goods in which the defect occurs if repair or replacement is not possible.
    3. The warranty referred to in Article 7(1) does not apply to: goods that have been used or handled incorrectly, carelessly, improperly and/or under abnormal conditions; goods repaired, maintained and/or modified by parties other than TelecomHunter; defects resulting from external causes that cannot reasonably be attributed to Telecomhunter;
    4. TelecomHunter is not responsible for improper use and/or installation/configuration of the delivered products; goods for which the purchase price has not been paid in full by the customer to TelecomHunter, or for which a payment arrangement has been agreed;
    5. For goods procured by TelecomHunter from a supplier, only the warranty granted by that supplier for the benefit of TelecomHunter applies. TelecomHunter will, upon request, inform the customer of the content of the warranty granted by the supplier;
    6. In the event of a warranty issue, the customer must return the relevant goods carriage paid and in the original packaging to TelecomHunter as soon as possible, failing which any right of the customer to warranty shall lapse;
    7. TelecomHunter has no further warranty obligations or liabilities regarding material and manufacturing defects in delivered goods beyond those set out in this article;
    8. If a defect nevertheless occurs, the customer is requested to apply for an RMA (Return Material Authorization) with Telecomhunter. TelecomHunter is only obliged to repair the goods or supply a replacement item;
    9. If the defect concerns goods delivered by TelecomHunter within five business days prior to the defect being identified, this is considered a DOA (Dead On Arrival). The customer must report this defect within five business days after delivery and the product must be returned within ten business days after delivery.

 

Article 8 – Liability and compensation

  1. Without prejudice to Article 7, TelecomHunter’s liabilities and statutory obligations to pay compensation are limited by what is set out in these general terms and conditions. This article also applies to claims by the customer based on tort by TelecomHunter. Any damages payable by TelecomHunter due to breach of contract or tort are limited to the invoice value.
  2. Disputes regarding the interpretation of an agreement, or any dispute between TelecomHunter and the customer, shall be submitted to the District Court in Zutphen. The aforementioned court shall have exclusive jurisdiction to hear the dispute.
  3. Dutch law applies to agreements between TelecomHunter and the customer and to these general terms and conditions. The provisions of the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods) are excluded.

Article 9 – Prohibition of unauthorized access

Pine Supplies B.V. does not grant access to any business premises without prior and explicit written permission from management. This requirement applies to all external visitors and to employees who wish to access areas or locations outside their regular responsibilities.

All visitors must be registered in advance and may be asked to identify themselves. In the event of a violation of this access policy, access will be denied immediately and the police may be notified. Unauthorized entry onto the premises or into any business area may also be regarded as a criminal offence under Article 461 of the Dutch Criminal Code. Pine Supplies B.V. will file a police report in relevant cases. This policy has been drawn up to protect the safety, integrity, and continuity of business operations.