ARTICLE 1. | DEFINITIONS
In these general terms and conditions, the following terms, always indicated with a capital letter, are in the
use the following meaning.
1. JouwTech: the user of these general terms and conditions, located at Seggelant-Noord 5B, 3237MG in
Vierpolders, registered in the Trade Register under Chamber of Commerce number 69602999.
2. Other party: any natural or legal person with whom JouwTech has concluded or intends to conclude an Agreement.
3. Consumer: a Counterparty, natural person, not acting in the exercise of a profession or business.
4. Parties: JouwTech and the Other Party jointly.
5. Agreement: any agreement concluded directly through the Webshop between the Parties in
the framework within which JouwTech has committed itself towards the Other Party to supply Products.
6. Products: the goods to be delivered by JouwTech to the Other Party in the context of the Agreement,
including return goods mixed on one or more pallets.
7. Webshop: www.jouwtech.nl.
8. Written: communication in writing, communication by e-mail or any other form of communication that can be equated with this in view of the state of the art and the prevailing views in society.
ARTICLE 2. | GENERAL PROVISIONS
1. These general terms and conditions apply to every offer from JouwTech in the Webshop and every Agreement that has been concluded.
2. Any general terms and conditions of the Other Party, by whatever name, do not apply to the Agreement.
3. It is only possible to deviate from the provisions of these general terms and conditions expressly and in Writing. If and insofar as the provisions of these general terms and conditions deviate from what the Parties have expressly agreed in Writing, what the Parties have expressly agreed in Writing will prevail.
4. Annulment or nullity of one or more of the provisions of these general terms and conditions or the
Agreement as such does not affect the validity of the other stipulations. In such a case, the Parties are obliged to enter into mutual consultation in order to make a replacement arrangement with regard to the affected clause. In doing so, the purpose and intent of the original provision will be taken into account as much as possible.
ARTICLE 3. | OFFER AND CONCLUSION OF AGREEMENTS
1. Every offer from JouwTech is without obligation. Immediately, at least as soon as possible after the order has been placed by the
The Other Party can still withdraw the offer, for example in the event that the Products are no longer available. If in such a case payment has already been made by the Other Party, JouwTech will arrange for a refund as soon as possible.
2. Without prejudice to the provisions of paragraph 1, each Agreement is concluded at the moment that the offer from JouwTech is accepted by the Other Party and the Other Party has met all conditions that
are expressly stated in the offer. The order will then be confirmed to the Other Party by e-mail, without prejudice to the provisions of paragraph 1.
ARTICLE 4. | CANCELLATION OF THE AGREEMENT BY THE OTHER PARTY
1. After its conclusion, the Agreement can only be canceled by the Other Party under the conditions referred to in the following paragraph.
2. If the Other Party cancels the Agreement before the Products have been sent, the Other Party owes 27% of the total purchase price as cancellation costs. After dispatch of the Products, cancellation is no longer possible.
ARTICLE 5. | RIGHT OF WITHDRAWAL FOR CONSUMERS
1. The Consumer cannot dissolve the agreement in whole or in part because mix pallets and the goods from JouwTech's offer consist of return goods and unchecked products intended for business purposes.
ARTICLE 6. | DELIVERY TIMES
1. Products will be shipped no later than 90 days after the Agreement has been concluded.
2. All delivery times are indicative, non-fatal terms and may therefore deviate. The default on the part of JouwTech does not take effect until after the Other Party has given JouwTech written notice of default, in which notice a reasonable term for compliance is stated, and JouwTech is still in default after the expiry of the latter term.
3. In case of default by JouwTech as referred to in the previous paragraph, the Other Party is entitled to dissolve the Agreement, without the Other Party claiming further compensation than restitution or remission of the amount owed by the Other Party to JouwTech under the Agreement. amount.
ARTICLE 7. | DELIVERY OF PRODUCTS
1. Delivery of the Products takes place by delivery to the location specified by the Other Party
2. The risk of loss and damage to the Products transfers to the Other Party at the moment that the Products have been received by or on behalf of the Other Party.
3. If the agreed delivery period is exceeded, the Other Party is, without prejudice to the
with regard to default in article 6, never entitled to refuse to take receipt of the Products and/or to pay the amount owed by it to JouwTech under the Agreement.
4. If the Products could not be delivered as a result of a circumstance attributable to the Other Party, JouwTech is entitled to store the Products at the expense and risk of the Other Party,
without prejudice to the Other Party's obligation to pay the amount owed by it to JouwTech under the Agreement. The costs to be incurred in connection with the non-receipt by the Other Party as referred to here, such as additional shipping costs, will therefore be borne by the Other Party. The foregoing of this paragraph does not affect the risk of loss and damage
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of the Products does not pass to the Consumer until the Products are delivered by or on behalf of the
consumer have been received.
ARTICLE 8. | INVESTIGATION, COMPLAINTS & DEFECTS
1. At the time of delivery of the Products, the Other Party must immediately check whether the nature and quantity thereof correspond to the Agreement. If, in the opinion of the Other Party, the nature and/or quantity of the Products does not comply with the Agreement, the Other Party must immediately notify JouwTech of this by e-mail.
2. Complaints with regard to defects in a Product that were not reasonably visible or otherwise unknowable at the time of delivery, must be submitted within one day after discovery of the defect, or at least within a period of one day after the Other Party has reasonably been informed of the defect. should have been informed, by e-mail ([email protected]), to be submitted to JouwTech.
3. The provisions of the previous paragraphs leave the mandatory statutory complaint period of two months before
Consumers without prejudice, as regulated in Article 7:23 of the Dutch Civil Code.
4. If the Other Party does not complain in time, no obligation whatsoever arises for JouwTech from such a complaint from the Other Party.
5. Even if the Other Party makes a timely complaint, the Other Party's obligation to pay on time will continue to exist, except insofar as the law prohibits this for the benefit of the Consumer.
6. The delivered goods concern one or more unchecked mixed pallets with return goods that are offered by JouwTech at rock bottom prices. The Other Party accepts the risk that one or more goods that are part of the mix pallet are not of the quality that the Other Party may expect from new goods in other cases. YourTech therefore does not provide any warranty on the Products. JouwTech is and does not need to be aware of the content and condition of the goods. JouwTech is not liable for the contents of mix pallets and for damage as a result of defects in the goods. Furthermore, JouwTech does not guarantee a minimum retail value, it cannot guarantee the absence of defects in the goods and, moreover, not for the content of the mixed pallets. The Other Party indemnifies JouwTech against all claims and claims from third parties in this regard.
7. The provisions of the previous paragraph do not affect the mandatory legal rights and claims that the
Consumer can assert against JouwTech (conformity).
ARTICLE 9. | FORCE OF THE MAJORITY
1. JouwTech is not obliged to fulfill any obligation under the Agreement if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it by virtue of the law, a legal act or generally accepted views (force majeure). Force majeure includes, in addition to what is understood in this regard in law and jurisprudence, errors or shortcomings of suppliers of JouwTech, transport difficulties, disasters, epidemics, pandemics, war and threat of war, interruptions, exclusions, riots, war and strikes.
2. Insofar as the force majeure situation makes the fulfillment of the Agreement permanently impossible, JouwTech is entitled to dissolve the Agreement with immediate effect.
3. If When the force majeure situation occurs, JouwTech has already partially fulfilled its delivery obligations, or can only partially fulfill its delivery obligations, it is entitled to separately invoice the part already delivered or the part that can still be delivered, respectively, as if there were there is an independent Agreement.
4. Without prejudice to the application of the previous paragraph, damage as a result of force majeure is never eligible for compensation.
ARTICLE 10. | PRICES, SHIPPING AND PAYMENTS
1. Before the Agreement is concluded with a Consumer, the total price is stated, including VAT and shipping costs. In other cases, the stated sales prices are exclusive of VAT, unless expressly indicated otherwise and the actual shipping costs incurred by JouwTech are additionally for the account of the Other Party. Higher shipping costs apply for delivery outside the Netherlands.
2. JouwTech is entitled to claim full or partial advance payment of the agreed price and shipping costs, on the understanding that JouwTech will not oblige a Consumer to pay more than half of the purchase price in advance.
3. JouwTech is not obliged to perform the Agreement for as long as the Other Party is in default with the fulfillment of any payment obligation incumbent on it and already due and payable to JouwTech.
4. Payments must be made in the manner designated by JouwTech for that purpose, within the period specified by it
stated term or at the time indicated by him. In case of bank transfer, use
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YourTech has a standard payment term of 14 days after the invoice date, but can be paid in individual cases
5. JouwTech is entitled to make the invoices to the Other Party available to it exclusively by e-mail.
6. If timely payment is not made, the Other Party will be in default by operation of law. From the day on which this default occurs, the Other Party is liable for the then applicable statutory amount on the outstanding amount
(commercial) interest due.
7. All reasonable costs, both judicial, extrajudicial and execution costs, incurred to obtain amounts owed by the Other Party, are for the account of the Other Party.
ARTICLE 11. | LIABILITY
1. The Other Party bears the damage caused by inaccuracies or incompleteness in the information provided by the Other Party, any other shortcoming in the fulfillment of the Other Party's obligations arising from the law or the Agreement, as well as any other circumstance that cannot be attributed to JouwTech are attributed.
2. In addition to the provisions of Article 8.6, JouwTech is in no way liable for indirect damage, including loss suffered, lost profit and damage as a result of business interruption.
3. If JouwTech is liable for any damage, JouwTech has the right at all times to repair this damage. The Other Party must give JouwTech the opportunity to do so, failing which any liability of JouwTech in this regard will lapse.
4. The liability of JouwTech is limited to a maximum of the invoice value of the Agreement, at least to that part of the Agreement to which the liability of JouwTech relates.
5. With regard to a consumer purchase, the restrictions in this article do not extend beyond what is permitted
pursuant to article 7:24 paragraph 2 of the Dutch Civil Code.
ARTICLE 12. | GENERAL COMPLAINT POLICY
1. Complaints with regard to the implementation of the Agreement must, without prejudice to the provisions of Article 8, be submitted by e-mail ([email protected]) within a reasonable time after the Other Party has provided the grounds that gave rise to the complaint. yourTech.
2. Complaints submitted to JouwTech will be answered within a period of fourteen days after receipt thereof
answered. If a complaint requires a longer processing time, an answer will be given within the period of fourteen days with a confirmation of receipt and an indication of when the Other Party can expect a more detailed answer.
3. If a complaint from a Consumer cannot be resolved by mutual agreement, the Consumer can submit the dispute to the Disputes Committee via the ODR platform (ec.europa.eu/consumers/odr/).
ARTICLE 13. | RETENTION OF TITLE
1. All delivered Products remain the property of JouwTech until the Other Party has fulfilled all its payment obligations under the Agreement.
2. The Other Party is prohibited from selling, pledging or otherwise encumbering the Products subject to retention of title.
3. The Other Party is obliged to keep the Products delivered subject to retention of title with due care and as recognizable property of JouwTech.
4. If third parties seize the Products on which JouwTech's retention of title rests, or wish to establish or enforce rights thereon, the Other Party is obliged to inform JouwTech of this as soon as possible.
5. In the event of violation of the provisions of this article, the amount owed by the Other Party to JouwTech
immediately payable in full.
6. The Other Party gives unconditional permission to JouwTech or third parties designated by JouwTech to enter all those places where the Products subject to retention of title are located. The
The other party must provide JouwTech with all information on first request in order to be able to exercise its property rights. All reasonable costs associated with exercising the property rights of JouwTech are for the account of the Other Party.
7. If the Other Party has fulfilled its obligations after the Products have been delivered to it by JouwTech, the retention of title with regard to these Products is revived if the Other Party
does not comply with obligations under a later Agreement.
ARTICLE 14. | FINAL PROVISIONS
1. JouwTech is entitled to transfer its rights and obligations under the Agreement to a third party.
2. Goods at JouwTech are sold for business purposes, as a result, customers no longer fall under Consumer Law, but are regarded as business customers.
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2. Any Agreement and all legal relationships arising therefrom between the Parties are exclusively subject to
Dutch law applies.
3. Before making any appeal to the courts, the Parties are obliged to make every effort to settle the dispute in mutual consultation.
4. Except insofar as the law precludes this under the given circumstances of the case, only the competent court within the district of the location of JouwTech is designated to take cognizance of any legal disputes between the Parties.