GENERAL TERMS AND CONDITIONS JPR-WEBSHOP

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Article 1 - Definitions

1. The company JPR-Webshop, located in Joure, Chamber of Commerce number 93633629, is referred to in these general terms and conditions as the seller.

2. The other party to the seller is referred to in these general terms and conditions as the buyer.

3. The parties are seller and buyer together.

4. The agreement refers to the purchase agreement between seller and buyer.

 

Article 2 - Applicability of general terms and conditions

1. These conditions apply to all quotations, offers, agreements and deliveries of services and/or goods by and/or on behalf of the seller.

2. Deviation from these conditions is only possible if this has been expressly agreed in writing by the parties.

3. The company JPR-Webshop is entitled, without notification of any kind, to change and/or supplement the (general) conditions.

 

Article 3 - Payment

1. Full payment is required for reservations.

2. It is possible to buy ‘on account’, so paying afterwards is possible.

3. If the buyer does not pay or does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.

4. In the event of liquidation, bankruptcy, attachment or suspension of payment of the buyer, the seller’s claims on the buyer are immediately due and payable.

5. If the buyer refuses to cooperate with the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.

 

Article 4 - Offers, quotations and price

1. Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted within that term, the offer will lapse.

2. Delivery times stated in the webshop and in quotations are only indicative and do not entitle the buyer to cancellation and/or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.

3. Offers and quotations do not automatically apply to repeat orders, unless the parties expressly agree otherwise in writing.

4. The price stated on offers and/or quotations and/or invoices consists of the purchase price including the VAT due, without any other government levies.

 

Article 5 - Right of withdrawal

1. The consumer has the right to return the product(s) within 14 days after receiving the entire order or part of the order without giving any reason (right of withdrawal). The period starts from the moment the order is received in its entirety and in its entirety by the consumer.

2. There is no right of withdrawal when it concerns data carriers and/or products that are custom-made according to the consumer's specifications and/or have a short shelf life.

3. During the reflection period of up to 14 days, the consumer will handle the product and packaging with care. He will not unpack and/or use the product. If he exercises his right of withdrawal, he will return the unpacked and unused and undamaged product with all accessories supplied in the original shipping packaging to the seller, in accordance with the instructions provided by the entrepreneur.

4. The consumer is responsible for the costs of returning the product.

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Article 6 – Exceptions and limitations of the right of withdrawal or return

1. Products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery (for example (in-ear) headsets, toothbrushes and shaving heads).

2. Purchases that have been made and/or ordered specifically according to the customer's wishes, this concerns custom work.

3. Products that are suitable for audio or video recordings and computer software of which the packaging has been opened or the seal has been broken. Examples of this include rewritable CDs and DVDs, USB sticks or software.

4. Services that are performed with the customer's consent and where it has been agreed in the agreement that the products may only be returned in the event of a defect and/or malfunction.

5. Products to be returned that fall within the 14-day satisfaction guarantee must be returned unopened and in the original packaging.

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Article 7 - Liability

1. Seller shall never be liable in any way whatsoever for any damage whatsoever arising from and/or related to the performance of an agreement and/or the use of delivered goods and/or services by seller.

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Article 8 - Transfer of rights

1. Buyer's rights may not be transferred without the prior written consent of the seller.

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Article 9 - Investigation and complaints

1. Buyer is obliged to examine the delivered goods at the time of delivery. In doing so, buyer must examine whether the quality and quantity of the delivered goods correspond with what the parties have agreed, or at least whether the quality and quantity meet the requirements that apply in normal (commercial) transactions.

2. Complaints regarding damage, shortages or loss of delivered goods must be submitted in writing to seller within 5 days after the day of delivery of the goods by buyer.

3. If the complaint is declared justified by seller, seller has the right to either repair (if the product is sent to seller, the shipping costs are for buyer), or to redeliver (the shipping costs are for buyer), or to cancel delivery and send buyer a credit note (with deduction of the shipping costs paid by buyer) for that part of the purchase price.

4. Minor and/or industry-standard deviations and differences in quality, number, colour, size, (format) or finish cannot be held against seller.

5. Complaints regarding a specific product do not affect other products or components belonging to the same agreement.

6. After processing the goods at the buyer, no more complaints will be accepted.

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Article 10 - Delivery

1. Delivery is made ‘ex works’/’from shop’/’from warehouse’/’from warehouse’. This means that all costs are for the buyer.

2. The buyer is obliged to accept the goods at the moment that the buyer has made the payment in the webshop.

3. If the buyer refuses to accept or is negligent in providing information or instructions that are necessary for the delivery, the seller is entitled to store the goods at the expense and risk of the buyer.

4. The buyer is responsible for the costs of returning the product

5. A delivery period specified by the seller is always indicative.

6. In the event that an order consists of multiple products and one or more products is/are not in stock, the seller will initially wait with sending until the order can be delivered in its entirety. The seller is entitled to deliver the goods in parts. In the event of delivery in parts, the seller is entitled to invoice these parts separately and to charge shipping costs per partial shipment.

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Article 11 - Force Majeure

1. If the seller is unable to fulfil his obligations towards the buyer, or is unable to fulfil them in a timely or proper manner due to force majeure, he is not liable for any direct and/or indirect damage suffered by the buyer.

2. Force majeure includes in any case any circumstance that the seller could not have taken into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be expected by the buyer, such as illness and/or war or threat of war and/or civil war and riot and/or molestation and/or sabotage and/or terrorism and/or power failure and/or (partial) lockdown and/or flooding and/or earthquake and/or fire and/or occupation of the company and/or strikes and/or lock-out of workers and/or changed government measures and/or transport difficulties and/or disruptions in the company/warehouse/workshop of the seller.

3. Furthermore, force majeure includes the circumstance that suppliers on which the seller depends for the performance of the agreement are unable and/or unwilling to fulfil their contractual obligations towards the seller.

4. If a situation as referred to above occurs as a result of which the seller cannot meet his obligations towards the buyer, these obligations will be suspended for as long as the seller cannot meet his obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the seller has the right to terminate the agreement in whole or in part.

5. If the force majeure lasts longer than three months, the seller has the right to terminate the agreement with immediate effect.

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Article 12 - Retention of title and right of retention

1. The goods and/or delivered parts present at the seller remain the property of the seller until the buyer has paid the entire agreed price. Until that time, the seller can invoke his retention of title and the seller is not obliged to deliver the goods and/or services.

2. If the agreed advance payments are not paid, not paid in full or not paid on time, the seller has the right to suspend the work and/or delivery(s) until the agreed part has been paid in full. This is considered a creditor's default. In that case, a late delivery cannot be held against the seller.

3. The seller is authorised to pledge the items falling under his retention of title or to encumber them in any other way.

4. If goods and/or services have not yet been delivered because the full advance payment or price has not been paid in accordance with the agreement, the seller has the right of retention. The goods will then not be delivered until the buyer has paid in full and in accordance with the agreement.

5. In the event of liquidation, insolvency or suspension of payment of the buyer, the buyer's obligations are immediately due and payable.

 

Article 13 - Obligation to complain

1. Buyer is obliged to report complaints about the work performed and/or the delivery(s) of goods directly to seller. The complaint contains a description of the shortcoming in as much detail as possible, so that seller is able to respond adequately.

2. If a complaint is declared justified by seller, seller has the choice to repair or possibly replace the product.

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Article 14 - Guarantees

1. If the agreement includes guarantees, the following applies: the seller guarantees (to the extent that the seller, as a non-manufacturer, could have any influence on this) that the item sold complies with the agreement, that it will function without defects and that it is suitable for the use that the buyer reasonably intends to make of it. This guarantee applies for a period of one calendar year, starting after receipt of payment from the buyer.

2. The aforementioned guarantee does not apply if the defect arose as a result of injudicious and/or improper and/or unskilled use or if, without permission, the buyer or third parties have made or attempted to make changes or have used the purchased item (whether or not intentionally) for purposes for which it is not intended.

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Article 15 - Exceptions and limitations of warranty

1. The warranty does not apply if the defects are wholly or partly the result of incorrect and/or careless and/or unskilled use and/or use for purposes other than normal (business) purposes, external causes, such as fire and/or water damage and/or if the goods have been modified and/or repaired and/or maintained by parties other than JPR-Webshop.

2. The buyer is personally responsible for damage and/or loss during transport to JPR-Webshop, this cannot be recovered from the seller.

3. The warranty only applies to the original buyer and is not transferable by/when reselling the product.

4. Reduction of the battery capacity due to continuous use is not covered by the warranty. A battery that contains 75% of its original capacity after 12 months is considered normal and cannot and will therefore not be replaced under warranty.

5. The warranty does not apply if the product has been installed incorrectly, neglected, charged for too long or incorrectly, subjected to a repair or modification not authorized by the seller, used in a device for which it is not intended or in any other form of (intentional or otherwise) incorrect use.

6. Repair or replacement of the product does not result in renewal or extension of the warranty period.

7. Damage to cables caused by the user and/or other persons and/or pets is not covered by the warranty.

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Article 16 - Intellectual property

1. The company JPR-Webshop retains all intellectual property rights (including copyright, patent rights, trademark rights, drawing and model rights, etc.) on all products, designs, drawings, writings, all data of JPR-Webshop that are on the website and/or in the webshop and/or elsewhere, carriers with data or other information, quotes, images, sketches, models, maquettes, etc., unless the parties have agreed otherwise in writing.

2. The customer may not copy or have copied the aforementioned intellectual property rights and/or show them to third parties and/or make them available and/or use them in any other way without the prior written permission of JPR-Webshop.

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Article 17 - Amendment of the agreement

1. If during the execution of the agreement it appears that more time is needed for the proper execution of the order(s) and/or the delivery of ordered goods, the seller will inform the buyer of this as soon as possible.

2. If the change or addition to the agreement has financial and/or qualitative consequences, the seller will inform the buyer of this as soon as possible.

3. If the parties have agreed on a fixed price, the seller will indicate to what extent the change or addition to the agreement will result in an excess of this price.

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Article 18 - Amendment of general terms and conditions

1. The company JPR-Webshop is entitled, without notice of any kind, to change and/or supplement the (general) terms and conditions.

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Article 19 - Applicable law and competent court

1. Dutch law applies exclusively to any agreement between the parties.

2. The Dutch court in the district where JPR-Webshop is established has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

3. The applicability of the Vienna Sales Convention is excluded.

4. If one or more provisions of these general terms and conditions are deemed to be unreasonably onerous in legal proceedings, the other provisions will remain in full force.

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