Terms of service

GENERAL TERMS AND CONDITIONS

Last updated: 9^th January 2024

OVERVIEW
This website is operated by Scansupply (Scansupply is a trading name of Dyanix Benelux BV). Throughout the site, the terms “we”, “us” and “our” refer to Scansupply. Scansupply offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

GENERAL TERMS AND CONDITIONS OF SALES

These general terms and conditions of sales apply, in the Netherlands, to all sales of scanners, hardware and consumables (hereinafter referred to as “Products” or “Hardware”) and to the provision of related after-sales services: installation, training and after-sales services, etc. (hereinafter referred to as the “Services”), by Scansupply Benelux B.V. (hereinafter “Scansupply”) to its professional clients (hereinafter the “Client”).

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

The sold Products and Services are invoiced at the price mentioned on the Scansupply webshop and accepted without any reservation by the Client.  The euro is the currency of reference. Scansupply reserves the possibility to modify its rates at any time. Within the Services framework, Scansupply reserves the possibility, for the contracts with tacit renewal, to modify the price of the Services, subject to a three (3) months notice prior to the end of the current term notification to the Client.

CIP Incoterms 2023 applies for all deliveries into EU countries. DDP Incoterms 2023 applies for deliveries into all non-EU countries within Europe. Incoterms for- deliveries into other countries only on request.

SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the webshop. These products or Services may have limited quantities and are subject to return only according to our Refund Policy: https://scansupply.eu/policies/refund-policy We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

The sale is deemed final and the Contract deemed concluded after a written confirmation by Scansupply by an acknowledgment of receipt of the order of the Client

Scansupply charges their customers for freight and handling costs based on rates defined according to the type of products and order volume. They will be reported separately on quotes, order confirmation and invoice documents. The products will be transported by a carrier chosen by Scansupply. See our shipping policy: https://scansupply.eu/policies/shipping-policy

The Client shall check the condition and the quantity of the Products at the time of the delivery. They shall notify, the case arising, their exceptions on the carrier delivery slip and confirm them in writing to the carrier by registered letter with acknowledgment of receipt within three (3) working days following their receipt. A copy of this letter shall be simultaneously sent to hello@scansupply.eu. Exceptions should be clear and precise about the nature and extent of the damage. Exceptions such like accepted subject unpacking are not valid and accepted by transport insurance companies. Any other complaint from the Client, regarding the evident defects or the non-conformity of the ordered Products to the order (particularly wrong quantities or references), shall be made in written to Scansupply, to be valid, within eight (8) days following the receipt of the Products by the Client. After this period, the delivered Products shall be deemed in conformity with the terms of the order and no complaint related to the evident defects or to the conformity of the delivered Products can be considered by Scansupply. In the case of delivered Products acknowledged by Scansupply after verification, as not in conformity with the order and/or the Contract, Scansupply undertakes to deliver the missing Products and/or to replace, with the same quantities, the Product acknowledged as not in conformity with the order, excluding any damage or refund or cancellation of the concerned order.

The return of all or part of a Product is subject to a prior written agreement between Scansupply and the Client. The return costs and risks shall be borne by the Client.

The delivery periods indicated on the website are estimations and indicative only. Unless stipulations to the contrary accepted in written by Scansupply, any delay or partial delivery cannot give raise to any payment of damage and/or order cancellation by the Client.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: https://scansupply.eu/policies/refund-policy

SECTION 7 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://scansupply.eu/policies/privacy-policy

SECTION 9 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 10 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 11 - LIABILITY - INSURANCE
Scansupply is liable within the terms of the general law for the direct damage suffered by the  customer as a result of the sale of the hardware and/or the performance of its services. In no event shall Scansupply be liable for any indirect and/or unforeseeable damage that may be caused by Scansupply and is related to the products and the services, such as, but not limited to, loss of business, revenue, orders, customers, data, etc. Scansupply shall not be liable for any direct or consequential loss or damage. In any case, the annual liabilities of Scansupply are limited,

irrespective of the number of occurrences to:

- (i) direct damage caused to the Customer and exclusively attributable to Scansupply in connection with the Products and Services,

- and (ii) to the amount, exclusive of taxes, actually paid by Customer for the purchase of the affected Products and/or delivery of the Services, during the twelve (12) month period prior to the last event giving rise to the liability claim against Dyanix.

Scansupply warrants that it has obtained insurance from a known solvent company to cover its liability and for its employees, officers and distributors in accordance with the Contract

SECTION 12 – INTELLECTUAL PROPERTY
The estimates, proposals, catalogs and more generally all the documents given or sent by Scansupply to the Client, as well as the related intellectual property rights, are and remain wholly the property of Scansupply. In no case, any of these documents can be reproduced without the prior written permission of Scansupply.

The intellectual property rights related to the Products, to the drivers and to the software integrated in the Products remain the property of the manufacturer of the  paid Product. Only the right to the use of the Product is granted to the Client.

SECTION 13 – PRODUCT WARRANTIES
Unless written agreement between the parties, the new products sold by Scansupply are guaranteed, from the date mentioned on the delivery slip, against any material or manufacturing defect, in accordance with the special conditions of the Product manufacturer supplied with the Product. In addition, the Client can subscribe to a warranty extension.

Refurbished (second-hand) products sold by Scansupply have the 30 day warranty and the option to purchase extended warranties.

Exchange of products due to a severe malfunction occurring within 24 hours after purchase is possible if these products are returned in original packaging and complete, and the malfunction is verified by Scansupply. The buyer must consult Scansupply before returning the item. A warranty of 30 days is provided for repairs from the date of return shipment by Scansupply. Warranty becomes void in cases of improper use, incorrect connection, exposure to moisture, or other causes beyond the control of Scansupply. The warranty does not cover costs or damages incurred due to modifications or repairs carried out by anyone other than Scansupply or their certified third party providers, or if the products have been used for purposes other than their intended use, or if they have been handled or maintained in an improper or careless manner.

SECTION 14 – INSTALLATION AND TRAINING SERVICES
Scansupply undertakes to execute the installation and training Services subscribed to by the Client as specified in the offer and/or the estimate of Scansupply.  The Services are executed at the premises of the Client indicated by the Client. In this context, the Client undertakes, prior to the beginning of the Services by Scansupply, to provide in writing to Scansupply the safety and hygiene rules as well as the bylaw applicable at its premises. Scansupply can carry out the training of the personnel of the Client, on request from the Client and on presentation of a prior estimate.

SECTION 15 – SERVICE CONTRACT – CONTRACTUAL WARRANTIES FROM SCANSUPPLY

15.1 - The Client can subscribe, with Scansupply, to a warranty extension (hereafter the “Warranty extensions from Scansupply”) detailed in the offer from Scansupply. The Warranty Extensions from Scansupply are provided by Scansupply in accordance with these General Terms and Conditions of Sales:

(I) for the period and in the conditions mentioned in the special conditions of the warranty extension from Scansupply, as referred to in the previous paragraph, in force on the day of receipt of the order of the Client (accepted by Scansupply) and which can be consulted on the web site of Scansupply;

15.2 - The conditions of the Warranty Extensions from Scansupply apply subject to a proper and normal use of the Hardware by the Client, according to the specifications mentioned in the instruction manual of the said Hardware. It is the Client responsibility to regularly clean the machine in accordance with the handbook of the said hardware.

15.3 -  Technical Support - The Client undertakes to designate a person responsible for the Hardware which will be the only one authorised to contact Scansupply within the framework of Technical Support. The Technical Support allows the interlocutor of the Client to benefit from the advices necessary for the current use of the Hardware. The client can be requested by Technical Support to execute simple diagnosis test, or change the consumables and / or wear parts. It is the Client responsibility to be available during the support call to supply the necessary information to the support team to try to solve the issue via phone or remotely. Scansupply reserves the right not to send an engineer on site if it is established that an onsite visit will not contribute to fixing the defect (e.g. if it is established in the support call that it is necessary to order spare parts before sending an engineer within the reaction time). The Technical Support service of Scansupply is available on working days (from Monday to Friday). Only the persons trained by Scansupply and/or having the technical capacities necessary to use the Hardware are authorized to contact the Technical Support services of Scansupply. Technical Support cannot be a substitute for training. In case of misuse of the Technical Support by the Client, monitored by call statistics, if the calling time is more than twice (2) the average of other clients, the Client undertakes to make its collaborators follow a training day. These training services can be carried out on site, on request from the Client, on presentation of a prior estimate and at the rate in force on the day of issuance of the estimate.

15.4 -  Response times – Scansupply will do its very best to execute its Services within the time periods indicated in the special conditions applicable to the Warranty Extensions from Scansupply.

15.5 -  Exclusions of warranties - The Scansupply Warranty Extensions do not include the supply of lamps and glass parts (glass based...) and of consumables (paper catching rollers, ink cartridges, toner...).

The following interventions and repairs are not covered by the Scansupply Warranty Extensions:

due to deteriorations and/or defects affecting the Hardware due to:

- (i) the normal wear of the Hardware

- (ii) an obvious negligence of the Client (e.g. Documents scanned with staples or paper clips), and abnormal use of the Hardware by the Client, generally to any use not in accordance with the specifications of the Hardware (mentioned in the instruction manual of the said Hardware)

- (iii) any intervention from persons, other than the technicians from Scansupply or persons duly authorized in written by Scansupply,

- (iv) a modification of the Hardware by the Client or by an outsider, not in conformity, not considered and/or not specified in the instruction manual of the Hardware and/or in the specifications of the manufacturer of the Hardware,

- (v) a natural disaster or any accident the cause of which is external to the Hardware (damages by water, fire, shock, etc.), an occurrence of a case of force majeure.

- (vi) the use of inappropriate electrical current or any accidental cause producing the same effects.

- (vii) the use of spare parts other than those supplied by Scansupply and the use of consumables non-compliant with the standards of the manufacturer of the Hardware or the storage conditions (temperature, expiry date),

- (viii) of the non-observance of the environmental conditions and particularly: floor covering (static electricity), ambient temperature (18 to 25°C), humidity (between 45 and 60%)

- (ix) a lack of maintenance or a improper maintenance of the Hardware by the Client or by an outsider, not in conformity with the instruction manual of the Hardware,

- (x) a modification of the system and hardware environment on which Scansupply has not the control or the responsibility.

The following information is excluded from Technical Support: creation and modification of configurable states, backup procedures, file processing and recovery...

Any intervention having for origin one of the causes enumerated in this article 15.5 will be invoiced at the rate in force on the date of the said intervention.

15.6 -  Moving the Hardware - The Client undertakes to not move the Products without a prior written consent from Scansupply. All the costs due to these displacements shall be borne by the Client. The Client must inform Scansupply immediately if the location of the machine under contract changes.

15.7 - Preventive Maintenance

In order for Scansupply to fulfil the SLA’s stated in the contract or execute a Preventive Maintenance, the Client must submit the full installation location as well as machine details prior to the first call.  The Client undertakes to contact Scansupply for Preventive Maintenance delivery. In case the client doesn’t give access to the machine, the Preventive Maintenance is considered delivered.

On contracts without Consumables, it is the customer responsibility to make sure he has Consumables available when Scansupply engineer is onsite. If he doesn’t have them, and expects Scansupply to come back to replace the consumables, the client will be charged.

15.8 - Additional Services - Any Service related to the Scansupply Warranty Extensions non-subscribed to by the Client under the applicable special conditions and/or the Scansupply offer, will be carried out by Scansupply on a written request from the Client, on the basis of the rate structure in force on the date of the request.

15.9 – Period - The Scansupply Warranty Extensions are applicable for the firm period subscribed to by the Client mentioned in the offer and/or the contract of Scansupply duly accepted by the Client. For the Scansupply Warranty Extensions mentioned in article 15.1, applicable for a period of one (1) year and tacitly renewable by annual period, each of the Parties has the possibility to terminate by right the Contract applicable to the said Scansupply Warranty Extensions by register letter with acknowledgment of receipt, subject to a minimum period of notice of two (2) months.

15.10 - Anticipated Termination - Scansupply may terminate, by right, the Contract and the Services, particularly those provided under the Scansupply Warranty Extensions and shall be then allowed to recover immediately the total amount of its receivables:

- In case of voluntary or judicial liquidation, complete or partial, of the the Client, subject to the legal provisions in force

- In case of non-payment by the Client of many invoices.

The Contract cannot be transferred by the Client, totally or partly, without the prior written consent of Scansupply. In case of sale of the Hardware to a third party without the prior written consent of Scansupply, the obligations of Scansupply would cease by right without any obligation to refund all or part of the amounts paid by the Client. Scansupply reserves the possibility to terminate the Contract by right, before its annual term in case of impossibility to get spare parts supplies. In this case, a credit note shall be established by Scansupply for the remainder of the term.

SECTION 16 - CONDITIONS OF EXECUTION OF THE SERVICES – OBLIGATIONS OF THE PARTIES

Scansupply undertakes to perform the Services in conformity with the provisions of the laws of The Netherlands applicable to its activity. It is for Scansupply only to decide on the means in personnel and in equipment necessary to carry out the Services. The personnel of Scansupply intervening at the Client remain in all circumstances under the hierarchical and disciplinary authority of Scansupply. The personnel of Dyanix will intervene only according to the instructions from Scansupply. Scansupply can subcontract all or part of the execution of the Services with the prior written consent of the Client. In this case, the Client shall accept the identity of the subcontractor and its conditions of payment. Scansupply warrants that the Services will be performed by a regularly employed personnel with respect to the legal and regulatory provisions in force.

The Client undertakes to collaborate with Scansupply and to answer favourably to the requests from Scansupply by providing it with the information it has for the purpose of the performance of the Services. The Client undertakes to respect the conditions of the Contract as well as the legislative and regulatory provisions of the laws of The  Netherlands applicable to its activity

SECTION 17 - RESERVATION OF OWNERSHIP
The Products remain the property of Scansupply until full receipt of their entire taxes included price in principal, charges and interests. In the meaning of this document, the presentation of a bill of exchange or other security creating an obligation to pay does not constitute a payment. In case of non-payment of the totality of the price in principal, charges and interests on the due date, and/or in case of opening safeguard, insolvency or winding-up proceedings against the Client, Scansupply may (i) require the return of the sold Products at the costs and risks of the Client, and (ii) terminate the Contract by right, by a simple written notice sent to the Client, without prejudice to any damage. These provisions do not constitute an obstacle to the transfer of the risks of loss and deterioration. The Client undertakes that the Products of Scansupply will be identifiable at its premises. In case of return of the Product within the framework of this article, the amounts paid and constituting a part payment for the Products by the Client will be kept by Scansupply as compensation.

The transfer of risks is made as soon as the Products are delivered at the premises of the Client. It belongs to the Client to subscribe to the insurances necessary to cover the  risks of loss and of deterioration of the Product.

SECTION 18 - FORCE MAJEURE - UNFORESEEABLE CIRCUMSTANCES
Scansupply shall not be liable for any failure to perform its obligations under the Contract if this is due to force majeure. Force Majeure is any occurrence after the signing of the Contract, irrespective of the will of Scansupply, unforeseeable and uncontrollable such as (without limiting the foregoing) strikes, fire or floods, accidents or manufacturing delays at Scansupply’s suppliers, civil war, war, insurrection, acts of terrorism, total or partial destruction of the Customer‘s plant and works and actions. In order to invoke force majeure, Scansupply must notify the customer of the event of force majeure event as soon as it occurs and with an estimate of its duration. The contract is suspended throughout the event. As soon as the event is over, Scansupply must inform the customer of the end and immediately resume the obligations. However, if the force majeure lasts longer than one (1) calendar month, the customer is free to terminate the contract.

SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Netherlands.

SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@scansupply.eu .