- JM-Products: Lavayette, located in Almere under Chamber of Commerce number 80501842.
- Customer: the person with whom JM-Products has entered into an agreement.
- Parties: JM-Products and customer together.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
- These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of JM-Products.
- Parties may only deviate from these conditions if they have expressly agreed to this in writing.
- The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.
- All prices charged by JM-Products are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
- JM-Products may change all prices that JM-Products uses for its products or services, on its website or otherwise announced, at any time.
- Increases in the cost prices of products or parts thereof, which JM-Products could not have foreseen at the time of making the offer or concluding the agreement, may lead to price increases.
- The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a legal regulation.
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .
Consequences of not paying on time
- If the customer does not pay within the agreed term, JM-Products is entitled to charge interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.
- If the customer is in default, he also owes JM-Products extrajudicial collection costs and any compensation.
- The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- If the customer does not pay on time, JM-Products may suspend its obligations until the customer has met his payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, JM-Products' claims on the customer are immediately due and payable.
- If the customer refuses to cooperate with the execution of the agreement by JM-Products, he is still obliged to pay the agreed price to JM-Products.
Right of advertising
- As soon as the customer is in default, JM-Products is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
- JM-Products invokes the right of complaint by means of a written or electronic communication.
- As soon as the customer has been informed of the invoked right of recovery, the customer must immediately return the products to which this right applies to JM-Products, unless the parties make other agreements about this.
- The costs for retrieving or returning the products will be borne by the customer.
Right of withdrawal
- A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
- the product has not been used
- it is not a product that can spoil quickly, such as food or flowers
- it is not a product that has been tailor-made or adapted especially for the consumer
- it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
- the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)
- the product is not a trip, transport ticket, catering order or form of leisure activity
- the product is not a separate magazine or newspaper
- it does not concern an (order for) emergency repair
- the consumer has not waived his right of withdrawal
The reflection period of 14 days as referred to in paragraph 1 starts:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer receives the first product
- received with a subscription
- as soon as the consumer has purchased a service for the first time
- as soon as the consumer has confirmed that he will purchase digital content via the internet
- The consumer can make known his right of withdrawal via email@example.com, if desired using the withdrawal form that can be downloaded from the JM-Products website, www.lavayette.nl.
- The consumer is obliged to return the product to JM-Products within 14 days after communicating his right of withdrawal, failing which his right of withdrawal will lapse.
- Return costs will only be borne by JM-Products if the entire order is returned.
- If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, JM-Products will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to JM-Products in a timely manner.
Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
- JM-Products can invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices with regard to JM-Products, unless the customer has provided sufficient security for those costs.
- The right of retention also applies on the basis of previous agreements from which the customer still owes payments to JM-Products.
- JM-Products is never liable for any damage that the customer may suffer as a result of using his right of retention.
Unless the customer is a consumer, the customer waives his right to offset a debt to JM-Products against a claim against JM-Products.
Retention of title
- JM-Products remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations towards JM-Products under any agreement concluded with JM-Products, including claims regarding failure to comply.
- Until then, JM-Products can invoke its retention of title and take back the goods.
- Before ownership has been transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If JM-Products invokes its retention of title, the agreement will be deemed dissolved and JM-Products has the right to claim damages, lost profits and interest.
- Delivery takes place while stocks last.
- Delivery takes place at JM-Products, unless the parties have agreed otherwise.
- Delivery of products ordered online takes place at the address specified by the customer.
- If the agreed amounts are not paid or are not paid on time, JM-Products has the right to suspend its obligations until the agreed part has been paid.
- Late payment constitutes a creditor's default, with the result that the customer cannot object to JM-Products for late delivery.
- The delivery times stated by JM-Products are indicative and do not entitle the customer to termination or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
- The delivery time starts when the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from JM-Products.
- Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless JM-Products cannot deliver within 14 days of being notified in writing or the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products he has ordered can take place on time.
Transport costs are borne by the customer, unless the parties have agreed otherwise.
Packaging and shipping
- If the packaging of a delivered product is opened or damaged, the customer must have the forwarder or delivery person make a note of this before receiving the product, failing which JM-Products cannot be held liable for possible damage.
- If the customer arranges the transport of a product himself, he must report any visible damage to products or packaging to JM-Products prior to transport, failing which JM-Products cannot be held liable for any damage.
- If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
- Any additional costs resulting from premature or late purchase of products will be entirely borne by the customer.
- The warranty regarding products only applies to defects caused by defective manufacturing, construction or materials.
- The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time when they are legally and/or actually delivered, or at least come into the power of the customer or a third party. third party who receives the product on behalf of the customer.
- Exchange is only possible if the following conditions are met:
- Exchanges take place within 30 days of purchase upon presentation of the original invoice
- the product is returned in the original packaging or with the original (price) tags still attached
- the product has not yet been used
- Discounted items, non-perishable items such as food, custom-made items or items specially adapted for the customer cannot be exchanged.
The customer indemnifies JM-Products against all claims from third parties related to the products and/or services supplied by JM-Products.
- The customer must examine a product or service provided by JM-Products as soon as possible for any shortcomings.
- If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform JM-Products of this as soon as possible, but in any case within 1 month after discovering the shortcomings.
- Consumers must inform JM-Products within 2 months of discovering the shortcomings.
- The customer provides as detailed a description as possible of the shortcoming, so that JM-Products is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this cannot in any case result in JM-Products being obliged to perform work other than that agreed.
Notice of default
- The customer must notify JM-Products of any notice of default in writing.
- It is the customer's responsibility that a notice of default actually reaches JM-Products (in a timely manner).
Joint and several liability of the customer
If JM-Products enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to JM-Products under that agreement.
Liability JM Products
- JM-Products is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
- If JM-Products is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
- JM-Products is never liable for indirect damage, such as consequential damage, lost profits, lost savings or damage to third parties.
- If JM-Products is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance policy and, in the absence of (full) payment by an insurance company of the damage amount, liability is limited to (part of the) invoice amount to which the liability relates.
- All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from JM-Products expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.
Right to dissolution
- The customer has the right to terminate the agreement if JM-Products imputably fails to fulfill its obligations, unless this failure, given its special nature or minor significance, does not justify termination.
- If the fulfillment of the obligations by JM-Products is not permanently or temporarily impossible, dissolution can only take place after JM-Products is in default.
- JM-Products has the right to terminate the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement, or if JM-Products has become aware of circumstances that give him good reason to fear that the customer will not be able to properly fulfill its obligations.
- In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by JM-Products to fulfill any obligation towards the customer cannot be attributed to JM-Products in a situation independent of the will of JM-Products. , which prevents the fulfillment of its obligations towards the customer in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from JM-Products.
- The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom disruptions; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a force majeure situation occurs as a result of which JM-Products cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until JM-Products can meet them again.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may terminate the agreement in writing in whole or in part.
- JM-Products is not liable for any damages or compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.
Changes to the agreement
If, after concluding the agreement for its implementation, it appears necessary to change or supplement its contents, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
Changes to general terms and conditions
- JM-Products is entitled to change or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- JM-Products will discuss major substantive changes with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a material change to the general terms and conditions.
Transfer of rights
- Customer rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of JM-Products.
- This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
- A provision that is void or voidable will in that case be replaced by a provision that comes closest to what JM-Products had in mind when drawing up the terms and conditions.
Applicable law and competent court
- Every agreement between the parties is exclusively governed by Dutch law.
- The Dutch court in the district where JM-Products is established / has its practice / office has exclusive jurisdiction to hear any disputes between parties, unless the law prescribes otherwise.
Prepared on September 2, 2021.