Terms & Conditions

ARTICLE 1 – DEFINITIONS
In these conditions the following definitions apply:

  1. Day: calendar day.
  2. Digital content: data produced and delivered in digital form.
  3. Duration agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period.
  4. Durable data carrier: any tool – including e-mail – that enables the customer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation or use for a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information.
  5. Customer: the natural or legal person acting in the exercise of his profession or business.
  6. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to customers.
  7. Distance agreement: an agreement concluded between the entrepreneur and the customer in the context of an organized system for distance sales of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusively or partly one or more techniques for remote communication are used.
  8. In writing: In these general terms and conditions, “in writing” also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
  9. Remote communication technology: means that can be used to conclude an agreement, without the customer and entrepreneur having to be in the same room at the same time.
  10. Website: The entrepreneur’s webshop/website on which products and services are offered that can be purchased by customers.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
Name: Candle Networks LTD
Location: Flat St. Sepulcher Without New Gate Church, Holborn Viaduct, London, England, EC1A.
Phone: 00447492999204 (from Monday to Friday from 9:00 AM to 6:00 PM)
E-mail: sales@candlenetworks.co.uk

ARTICLE 3 – APPLICABILITY

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the customer.
  2. If the customer includes provisions or conditions in his order, confirmation or communication implying acceptance that deviate from or do not appear in the general terms and conditions, these are only binding for the entrepreneur if and insofar as they have been expressly accepted in writing by the entrepreneur.
  3. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, the entrepreneur will indicate, before concluding the distance contract, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the customer’s request.
  4. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the customer electronically in such a way that it can be read by the customer. customer can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the customer’s request.
  5. In the event that specific product or service conditions apply in addition to these general terms and conditions, the third and fourth paragraphs apply mutatis mutandis and in the event of conflicting conditions, the customer can always rely on the applicable provision that is most appropriate for him. is favorable.
  6. If a provision in these general terms and conditions proves to be invalid, this will not affect the validity of the entire general terms and conditions. In that case, the parties will establish a new provision(s) to replace it, which will reflect the intention of the original provision as much as legally possible.

ARTICLE 4 – THE OFFER

  1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the customer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered.
  3. The content of the website and the offer has been compiled with the greatest care. However, the entrepreneur cannot guarantee that all information on the website is correct and complete at all times. All prices, offers and other information on the website and in other materials from the entrepreneur are therefore subject to obvious programming and typing errors.

ARTICLE 5 – THE AGREEMENT

  1. The agreement is concluded at the moment of acceptance by the customer of the offer and compliance with the conditions set.
  2. If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the customer can terminate the agreement.
  3. If an offer is accepted by the customer, the entrepreneur has the right to revoke the offer within 3 working days after receipt of the acceptance. The entrepreneur will immediately inform the customer of such a revocation.
  4. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the customer can pay electronically, the entrepreneur will take appropriate security measures.
  5. If it appears that incorrect information has been provided by the customer when accepting or otherwise entering into the agreement, the entrepreneur has the right to only fulfill its obligation after the correct information has been received.
  6. The entrepreneur can, within legal frameworks, inform himself whether the customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution. The entrepreneur who, on the basis of the investigation, refuses the application or attaches special conditions to it, will inform the customer of this as soon as possible, but no later than 3 days after concluding the agreement, stating the reasons.

ARTICLE 6 – THE PRICE

  1. All prices stated on the website and in other materials originating from the entrepreneur are exclusive of VAT (unless stated otherwise) and, unless otherwise stated on the website, exclusive of other levies imposed by the government.
  2. Not withstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
  3. The entrepreneur has the right to change the agreed prices from two weeks after concluding the agreement. The customer who does not agree to the change has the right to cancel the agreement without being charged any costs by the Entrepreneur.
  4. Any additional costs, such as delivery costs and payment costs, are stated on the website and in any case shown in the ordering process.

ARTICLE 7 – COMPLIANCE WITH AGREEMENT AND ADDITIONAL WARRANTY

  1. The entrepreneur guarantees that the products, services and digital content comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations.
  2. If the delivered product, service or digital content does not comply with the agreement (delivered defective or defective), the customer must notify the entrepreneur within 3 working days after he could reasonably have discovered this. If the customer does not do this, he can no longer claim any form of repair, replacement, compensation and/or refund in respect of this defect.
  3. If the Entrepreneur considers a complaint to be justified, the relevant products will be repaired, replaced or (partially) reimbursed after consultation with the customer. The entrepreneur can refer the customer to a manufacturer or supplier.
  4. If the customer returns based on the provisions of this article, the customer can return the products. If a refund is made for amounts already paid in advance, the entrepreneur will repay these amounts within 30 days of receipt of the products.
  5. Manufacturers and/or suppliers may offer their own guarantees. These guarantees are not offered by the entrepreneur. If the entrepreneur chooses this, he can mediate in the customer’s invocation of these guarantees.

ARTICLE 8 – DELIVERY AND EXECUTION

  1. As soon as the order has been received by the entrepreneur, the entrepreneur will send the products as soon as possible, taking into account the provisions of paragraph 3 of this article.
  2. The entrepreneur is entitled to engage third parties to carry out the obligations arising from the agreement.
  3. The delivery period is in principle 30 days, unless clearly stated otherwise on the website or when concluding the agreement. The choice of carrier is up to the entrepreneur.
  4. If the entrepreneur cannot deliver the products within the agreed period, he will inform the customer of this and indicate the expected new delivery period. The customer then has the right to terminate the agreement and is not entitled to compensation for damage resulting from the late or non-delivery, if the late or non-delivery is due to intent or gross negligence on the part of entrepreneur. The customer will inform the entrepreneur immediately after notification of late or non-delivery whether he still wants to comply with the agreement or whether he wishes to terminate it.
  5. Unless expressly agreed otherwise, the risk of the products to be delivered passes to the customer as soon as they have been delivered to the specified delivery address. If the customer decides to collect the products, the risk passes upon transfer of the products.
  6. If the customer or the third party designated by him is not present at the delivery address to receive the products at the agreed delivery time, the entrepreneur is entitled to return the products. At additional costs, the entrepreneur will offer the products to the customer again at a different time and/or day to be determined in consultation with the customer. If delivery proves impossible, the payment obligation will not lapse and any additional costs, including for returns, will be charged to the customer.
  7. If the ordered item is no longer available, the entrepreneur will make every effort to offer a similar product of similar quality to the customer. The customer is then entitled to terminate the agreement free of charge.

ARTICLE 9 – DURATION TRANSACTIONS: DURATION, CANCELLATION AND EXTENSION

    Termination:
  1. The customer can terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity), digital content or services, at any time, taking into account the agreed cancellation rules and a notice period of two months.
  2. The customer can terminate an agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity), digital content or services, at any time towards the end of the fixed duration, taking into account the agreed cancellation rules. and a notice period of two months.
  3. The customer can cancel the agreements referred to in the previous paragraphs in writing.
    4. Extension:
  4. An agreement that has been entered into for a fixed period and which extends to the regular delivery of products (including electricity), digital content or services, will be tacitly extended for the same duration as agreed.
  5. The aforementioned notice periods apply accordingly to cancellations by the entrepreneur.

ARTICLE 10 – PAYMENT

  1. Customer must make payments to the entrepreneur according to the payment methods indicated in the ordering procedure and possibly on the website. The entrepreneur is free to choose whether to offer payment methods and these may also change from time to time. Unless otherwise agreed, in case of payment after delivery, a payment term of 7 days applies, starting on the day after delivery.
  2. If the customer does not fulfill his payment obligation(s) on time, he will be immediately in default by operation of law, without the need for notice of default. The entrepreneur has the right to increase the amount due by the statutory interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him and any legal costs and recover them from the customer.

ARTICLE 11 – RETENTION OF TITLE

  1. As long as the customer has not made full payment for the entire agreed amount, all delivered goods remain the property of the Entrepreneur.

ARTICLE 12- LIABILITY

  1. Except for intent or gross negligence, the total liability of the entrepreneur towards the customer due to attributable shortcomings in the fulfillment of the agreement is limited to compensation of a maximum of the amount of the price stipulated for that Agreement (including VAT). If there is a continuing performance agreement, the liability referred to is limited to compensation of the amount that the customer owed to the entrepreneur in the 3 months prior to the damaging event.
  2. Liability of the entrepreneur towards the customer for indirect damage, which in any case – but expressly not exclusively – includes consequential damage, lost profits, missed savings, loss of data and damage due to business stagnation, is excluded.
  3. The previous paragraphs do not apply to damage suffered by the customer in the resale by the customer of the products purchased from the entrepreneur to consumers, as a result of the fact that the latter owes the customer one or more defects in those products. has exercised his legal rights in relation to that shortcoming.
  4. Insofar as compliance is not already permanently impossible, the entrepreneur’s liability towards the customer due to an attributable shortcoming in the fulfillment of an agreement only arises after the customer has promptly and properly given notice of default to the entrepreneur in writing, stating a reasonable period to remedy the shortcoming, and the entrepreneur continues to fail to fulfill its obligations even after that period has expired. The notice of default must contain as detailed a description as possible of the shortcoming, so that the entrepreneur is able to respond adequately.
  5. The condition for the existence of any right to compensation is that the customer reports the damage in writing to the entrepreneur as soon as possible, but no later than within 7 days after it occurred.
  6. In the event of force majeure, the entrepreneur is not obliged to compensate the customer for any damage caused as a result.
  7. All Cisco products sold by Candle Networks LTD are SmartNet free at the time of purchase. However, if Cisco blocks the serial number in any way at a later time or declares a SmartNet contract invalid, Candle Networks LTD cannot be held liable for any costs arising from this and we reserve the right to refuse an RMA for this.

ARTICLE 13 – COMPLAINTS PROCEDURE

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaint’s procedure.
  2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the customer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the customer can expect a more detailed answer.

ARTICLE 14 – DISPUTES

  1. Agreements between the entrepreneur and the customer to which these general terms and conditions apply are exclusively governed by English law (common law legal system of England and Wales).
  2. If disputes arise as a result of the Agreement that cannot be settled amicably, they will be submitted to the competent court of the district where the entrepreneur is located. Entrepreneur and customer can agree to settle their disputes by means of binding advice or arbitration.