Terms of use webshop and e-procurement

1. Applicability

a. These terms and conditions apply to all offers from and agreements with Maxicom IT Distribution B.V. (KVK 27195138), hereinafter referred to as; SELLER or Maxicom, including agreements of purchase and sale and deliveries of goods and services, by placing purchase orders using this Maxicom website (the “Maxicom Webshop”). Maxicom's counterparty, hereinafter also referred to as: “Buyer”, accepts the applicability of these conditions by the mere fact of its assignment.

b. Maxicom's General Terms and Conditions also apply to all offers and agreements as referred to in the previous paragraph, insofar as these conditions do not deviate from them. Maxicom has filed its General Terms and Conditions with the Chamber of Commerce under number 27195138.

2. Upon acceptance of the Terms and Conditions, Maxicom gives the Buyer the right to place orders electronically. The Maxicom Webshop allows the Buyer and the Buyer's users who are authorized to submit electronic orders on behalf of the Buyer ("Authorized Users") to consult Maxicom's prices and product inventories and to place purchase orders electronically. When placing an order, the Buyer may use one or a combination of account names, account numbers and other Login forms, such as passwords or other codes assigned to the Buyer (hereinafter these Login forms individually or together “Buyer Login ”).

3. It is the Buyer's responsibility to keep the Buyer Login confidential. The Buyer immediately warns Maxicom in the event of loss of the password or in the event of misuse or attempted misuse of the Buyer's password or other Buyer Login.

4. The Buyer acknowledges that it is solely responsible for establishing security measures and procedures to ensure that the Buyer Login is used correctly and only by Authorized Users. The Buyer is fully liable for the use of the Buyer Login by any former, existing or future agent, representative, employee or any other person who has been granted a Buyer Login. The Buyer will be liable for any changes concerning the Authorized Users representing the Buyer.

5. Partly in view of the provisions of the previous paragraph, the Buyer acknowledges that Maxicom will rely on the legality and authenticity of the orders placed through Buyer Login and will therefore proceed to delivery and invoicing of the ordered goods on that basis. br />

6. The Buyer acknowledges that any purchase order placed via the Maxicom Webshop or via other electronic means, in which the Buyer Login is mentioned or used, constitutes a legally valid purchase order that is binding on the parties.

7. The Buyer acknowledges that Maxicom cannot guarantee the security of the Internet, nor the possibility of capturing and falsifying data transmitted from the Buyer to Maxicom by using the correct Buyer Login. Maxicom reserves the right to consider the data it transmits to be true in the form in which it was received.

8. The Buyer has the right to change, add or delete Authorized Users upon written notification by acknowledgment of receipt to Maxicom. Maxicom will implement these changes within 2 working days of receipt of such written notice.

9. Maxicom may change these Terms and Conditions at any time. After notification of these changes, the Buyer may terminate his access to the Maxicom Webshop with a notice period of 10 working days. In the absence of such notice, the Buyer will be deemed to have agreed to the changes.

10. Maxicom may deny the Buyer the authority to place electronic orders at any time and without giving reasons, provided that a period of 10 working days after written notification is observed. Maxicom may make such a denial effective immediately if the Buyer fails to comply with these Terms and Conditions and/or the General Terms and Conditions.

11. Maxicom reserves the right to accept or refuse purchase orders placed via the Maxicom Webshop.

12. By clicking on certain links on the Maxicom Webshop, the Buyer may end up on third-party sites, for which Maxicom is not responsible.

13. The Buyer is responsible for all costs and expenses, including but not limited to telephone and telecommunications material costs, necessary to use the Maxicom Webshop.

14. All agreements between parties are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is expressly excluded. All disputes between parties will be adjudicated exclusively by the court in Arnhem, insofar as they fall within the jurisdiction of a court and the law has not declared another court competent for this purpose by rules of mandatory law.