Operator of internet portal
Pro Tem Headquarters
Westervoortsedijk 73 GE
6827 AV Arnhem, NL
1) Receiving the order and its settlement
Seller - physical person as mediator of goods sales to final consumer
Buyer – physical or legal person who is engaged in commercial relation with the seller
Goods – products which can be ordered mediately through the internet portal, produced on order and as per request of the buyer directly on his person and according to his demands
Order – sales contract on the basis of which the sale of goods on order and as per the wish of the buyer directly on his person and according to his demands is performed
The order of the buyer is proposal of sales contract, the sales contract itself is concluded at the moment the binding agreement between buyer and seller is delivered binding acceptance of order by buyer/Since this moment the mutual rights and duties between the seller and buyer come into existence.
By conclusion of sales contract the buyer confirms to have become acuqainted with these commercial conditions, including the complaint order and expresses his agreement thereto. Before the realisation of order the buyer is sufficiently reminded on these commercial conditions and has the possibility of getting acqainted with them.
All the orders accepted by this portal and after individual specification of delivered goods ,being produced on order according to the wish of customer, are binding.
The binding acceptance, confirmation, and receipt of order from buyer and seller as well is done by clicking the "CHECKOUT" button on which you agree and fully understand the Terms and Conditions agreement. Ordering process and final order is binding sales contract with exact specification of ordered goods on order, composition, design as per the wish of customer and final goods price. After the payment by payment option the buyer receives confirmation on payment transfer and confirmation on settlement of his order. The goods remain an exclusive property of seller until the whole payment for goods is made. Ordering process starts by clicking the "CHECKOUT" button after customizing of the final product on Online store or adding more specifications from buyer which can be done on „Add note to seller” section. Phone communication and agreements stemming there from are not binding for the buyer and seller as well and become binding after acceptance and confirmation of e-mail order or made then separatelly in ordering process.
2) Cancellation of order , withdrawal from contract - seller
The seller reserves the right to cancell the order or its part before the sales contract is concluded in following cases:
- the goods are no longer produced or delivered or the price of delivered goods changed markedly. If this situation happens the seller will contact the buyer immediately to agree on the further actions / normally within 48 hours/
- if the buyer has already paid a part of purchase price or the full purchase price this amount will be transfered back to his account, the sales contract will not be concluded
- the buyer did not pay the deposit settled before or did not pay the full price
- the seller has justifiable doubts on fair and honest intentions of the buyer
3) Cancellation of order , withdrawal from contract - buyer
Regarding the fact that all the products specified on the pages of Desire Cable Technology is an order measure-made production agreed with the customer before in customization process in Online Store or additional email communication and adjusted according to his demands where the individual components are supplied by third parties it is possible to cancel the order within 48 hours by e-mail specified on the web site. In case the order is cancelled after the date, the buyer is obliged to cover the costs in relation to supply of partial materials of third parties and materials exclusively needed for realisation of his final order which was agreed on before on „Add note seller“ or additional email communication and set up according to the customer demands if this has already been done. All the partial materials which would have been used at completion of his order will be dispatched to his address or can be bought back upon mutual agreement.The buyer is obliged to send the orders cancellations and withdrawal from contract to the e-mail address email@example.com.
4) Delivery conditions
The seller obliges himself:
-to deliver to the buyer the ordered kind and amount of goods at the purchase price specified in ordering process on Online Store or email communication that specified the product or on „Add note to seller“
-to deliver to the buyer the goods properly packed so that the risk of damage during transport is minimized.
The seller is not liable for:
-delayed delivery of goods caused by transport company
-delayed delivery caused by improper specification of recipient address
-damage of package caused by transport company
-non delivery of goods caused by transport company in consequence of breaking the rules of carrier
-non delivery of goods caused by natural desaster or theft by stranger or by other unpredictable obstackles
The buyer obliges himself :
- to take over the ordered goods, control the consistency of packages of carried package
- to inform the seller about incompleteness or damage of delivered package
- to pay for goods at full amount or to settle the remaining amount as additional payment to the payed deposit for the ordered goods
5) Delivery dates
The ordered goods produced on order will be delivered as soon as possible according to availability of partial materials and operating possibilities.The average expedition time depends on the amount and nature of ordered goods and regarding the uniqueness of measure-made production the deliveries are made normally within 7-21 working days.
6) Goods price
The basic prices of complete products specified in our internet portal in the Online Store section are valid at the time of goods order and have informative character in relation to exactly specified possibilities of complete products within the production on order. The concrete final price is the price after choosing the Lenght, Connectors, Jackets and Quantity options or is agreed with the buyer after email communication for more personal customizing of the particular order.
All the prices are valid including the VAT and the goods cannot be purchased without actually set VAT, being already included at the purchase of materials needed for final work in accordance with customer demands.
The e-confirmation is the proof of purchase which is sent to the e-mail address of the buyer at latest within 24hours from order the goods by buyer. The final purchasing document is sending by seller with the ordered goods and its serve also as warranty card.
7) Payments for the goods
The seller is entittled to require the payment for ordered goods at full height in advance in PayPal transaction Portal or the payment of its part in form of a deposit for the used materials depending on the character of the business /amount, price, transportation costs and etc./ The amount of agreed complete price and partial deposit is always specified before in e-mail communication with the buyer.
The payments for goods or partial payments as deposit payments are to be made after the agreement through Paypal, directly to company bank account or through cash on delivery, cashed in by transport company if negotiated individually. The payment options are always specified before.
All the payments made through electronic system are guaranteed by SSL security and articles of Paypal and internet security systems of concrete banks performing the payment transfers using the payment gate with 3-D secure certificate
8) Prices of transport and packing
Alle the goods ordered through the portal Desire Cable Technology are exclusively dispatched to the specified address of the buyer as the 1. class service with goods insurance in value of purchase price. Transport price is calculated individually pursuant to weight and destination.
The standard basic fee for 1 piece of goods transport is 10 Euro. The package of 1 piece of goods is 5 Euro. The Final trasport cost can differ because of transporting prices in different countries.
Following the amount of order the complete transport including the package fee can be provided free of charge.
9) Returning the goods
The goods purchased through portal Desire Cable Technology are produced and adjusted in accordance with buyer demands or for his person as measure-made and cannot be returned without reason.
Neither can the goods be returned as long as the audio specifications of goods do not meet subjective expectations of the buyer as contrasted to specifications on the web site of Desire Cable Technology because the web site has descriptive, expressive and informative character and differs considerably from physical, perceptive and auditive subjective abilities of the buyer as well as its way of usage in his own auditive facilities which can differ in performance from referencial company facilities.
The goods can be returned only in following situations:
- the goods do not meet the criteria agreed on before or differ considerably from the specifications on the web site of Desire Cable Technology as far as construction is concerned and the buyer had no knowledge thereof and was not informed in advance and did not agree with type differences
- the goods show signs of poor quality in work and processing as long as the buyer had no information thereof and was nor informed in advance and did not approve the differences which could be part of agreement with perspective price rabate
- the goods are not the ordered ones and the buyer received another product in type as specified in the letter of order
- the goods cannot be used expressly in the way agreed on before and in a way specified on the web site of Desire Cable Technology
- pursuant to the agreement between the buyer and seller the goods can be exchanged for another ones, meeting subjective demands of buyer more
- the goods were provided for checkout / par. about lending the cable/
The returned goods must be in original undamaged package, can neither be damaged nor used. The goods must be complete, including the accessories, guarantee certificate and invoice as long as it was delivered together with the goods.
The goods will be dispatched by buyer as 1. class delivery and insured.
The transportation and packaging expenses are do not meet the criteria agreed on before and show signs of poor quality work / both can be verified /
The seller provides 2 years guarantee time for full functionality of goods as long as it was used for intended purpose
The guarantee does not apply for damages resulting from:
- natural mechanic deterioration or over consumption
- polluting the goods or their part in consequence of omission the regular maintainance
-the usage of goods under conditions not fitting the environment where the goods are used normally as far as temperature, humidity, dustiness and chemical and mechanical impacts are concerned
- if the goods are used for other purpose as that one for which it was produced or is used in such a way decreasing their functionality considerably and so altering theit operational properties
- external impacts like water penetrating into electric parts of connectors
- goods interference by unauthorised person and any non professional repairs or arrangements whatsoever
- overvoltage for instance caused by lightning
- mechanical damage like disruption, cutting, non standard bending, stretching, thermal damage, disruption of protective layers, scratching and excessive physical handling
- in consequence of incidents caused by natural forces, violent damage, weather conditions or operation under extremely unusual conditions
11) Complaint regulations
We advise the buyer to check the package for eventual damages before taking it over from transportation company. In case of an extensive damage /disrupted package, non standard deformations of package/ the buyer is advised not to take over the package and to make a record abaout the damage of packing material eventually.
If there is a complaint about the product the guarantee applies for the buyer will send the goods to the adress of the seller. The package must be properly packed and must contain:
- complained goods including the accessories
- invoice as long as it was sent as e-invoice and its printed copy
- defect description
- contact data of the buyer (address, phone number, e-mail)
The complained goods must be delivered in a clean condition and mechanicaly undamaged. The transport expenses for coplained goods coming from buyer to seller are covered by the buyer.The transport backwards is covered by the seller.
If there appears a defect on the produck within the guarantee time the customer has right for its removal.If the defect on the product is not removable the seller will change the product for a new one or the buyer will be provided by another type of product whereby additional payment is made or price difference refunded.
12) Lending a cable
In agreement with the Seller, a Purchaser has a possibility to lend sample goods for testing for a precisely defined price and time period, negotiated in advance, prior concluding a purchase contract. Lending fee of sample goods, amount of goods and time needed for individual goods testing are always defined in a document of order.
It is possible to lend only one sample of each type of goods.
Duties of the Purchaser, who commits themselves in case of goods lending to:
- defining exact name of goods of interest and time needed for goods testing,
not longer than 14 calendar days
- avoiding any action which could cause damage of goods or to damage as defined in the article - Guarantee
- using a cable only for the purpose it was made for during the time of lending
- packing goods properly and sending it on the address of the Seller after the end of test period if they do not want to keep tested goods and a purchase contract does not become valid while the Purchaser is responsible for protection and proper packing material
- if the goods are damaged by the action of the Purchaser, the Purchaser commits themselves to keep the
tested goods for the price of new goods or they commit themselves to cover costs needed for repair of goods
- covering all the fees related to goods lending, transport costs or repair costs resp. in the amount as it was defined in a document of order
Goods remain property of Desire Cable Technology up to the execution or termination of the contract during whole period of lending.
Duties of the Seller who commits himself when lending goods:
- to supplying sample of goods which was given in a document of order
- to providing enough time for testing to the Purchaser which was agreed on and is defined in a document of order
- if a contract is not executed, to returning the amount defined in a document of order after reducing it by costs for lending and transport
to the Purchaser after receiving lent goods
the amount is defined as - advance payment
- to sending the Purchaser,in case of execution of purchase contract and after receipt of lent goods,
a new unused tailor-made goods according to individual requirements of the Purchaser standardly according to conditions defined in these trading conditions
- to enabling based on agreement to keep and purchase lent goods while executing the purchase contract with all the rights and duties of the Purchaser as if buying new goods or to enabling a price reduction when agreed on, if lent goods do not meet the specification of new goods anymore
Proceedings when lending goods:
1- the Purchaser defines a type of goods and time period needed for goods testing based on agreement and previous communication, lending period starts on the first day of goods receipt from the shipping company
2- the Purchaser executes payments of a complete amount for goods and their shipping in a selected mode of one of the possibilities defined in a document of order after receipt of a document of order while a document of order contains exact amount of lending fee, shipping costs and
an amount which will be returned to the Purchaser if the purchase contract is not executed and the Purchaser is not interested in other goods, in a document of order defined as - advance payment
In case of lending several sample types of goods the Purchaser pays for individual sample goods whole amount according to the price list.
3- after receipt of the whole amount defined in a document of order the goods of the document of order will be sent to the Purchaser
4- after passing of time needed for individual goods testing and after receipt of lent goods,
if the Purchaser does not want to keep sample goods after the mutual agreement, the Purchaser will be supplied with a new unused tailor-made goods according to their requirements, or if they are not interested in other goods, or if the purchase contract is not executed, that means that the Purchaser will not be interested in placing an order on new goods, the whole amount will be returned to the Purchaser which is defined in the document of order as - advance payment
5- if the Purchaser decides to keep the sample goods, an e-invoice will be sent to him, which will contain a reduction for goods as agreed if the goods do not meet criteria of new goods and a defined amount - reduction will be returned to him as agreed
6- if the Purchaser decides to place an order for new goods, with individual adjustments, based on testing the sample goods, the goods will be sent to him usually according to conditions defined in these trading conditions immediately after receipt of the sample goods
7- if the Purchaser decides to test other goods type from the offer, it is possible to use the amount defined in the document of order as – advance payment as a payment paid already for a next lending with a new document of order, the Purchaser pays only the difference of lending fee and shipping costs
In this way it is possible to rent several sample goods types repeatedly while the Purchaser is not obliged to purchase the goods definitely and it is valid only for lending fee up to the moment when one of the lent goods satisfies him.
Goods lending does not result in the Purchaser's duty to purchase the goods as long as none of the points defined in these trading conditions are not met.
The Seller reserves the right to refuse next lending of sample goods if
the goods were damaged during the last lending or the Seller has doubts as to the correctness of the Purchaser.
All the payments defined as lending fees for the goods in a document of order become after concluding the purchase contract automatically a fixed already paid amount of the final price for goods and
this amount is not charged to the Purchaser as additional costs, i.e. the Purchaser pays only exact price
for the tailor-made goods according to his requirements which is defined in the price list.
The Purchaser covers only the shipping costs for goods, or difference of sample goods and
goods which is tailor-made for the Purchaser according to the requirements respectively.
In case of keeping sample goods, lending fees for goods are automatically part of
a final price which corresponds with the price defined in the price list for the given goods.
In none of these cases the Purchaser pays for the goods more as the final price is defined for the given goods in the price list, even after lending of sample goods.
If the purchase contract is not concluded between the Purchaser and the Seller and the Purchaser is not satisfied with the goods and does not decide for other goods, the amount defined in the document of order as -advance payment will be returned to the Purchaser and the Purchaser covers only lending fee for goods and shipping costs.
13) Personal date protection
By using the internet portal the buyer gives his consent to us to collect and use the information about him and his purchase and to use his personal data for processing his order from its receipt to settlement as well.
The internet portal is completely governed by the EU Directive and on personal data protection laws and directives in computing systems as SSL Security System.
The buyer declares honestly to have become acquainted with commercial conditions of the seller and complaint order as well prior to filling up the order and accepts these conditions in a full extent.