.svg){kind=logo}
General terms and conditions
ARTICLE 1. | DEFINITIONS
In these general terms and conditions, the following terms, always capitalized, are used with the following meaning:
1. JouwTech: the user of these general terms and conditions, located at Seggelant-Noord 5B, 3237MG Vierpolders, registered in the Trade Register under Chamber of Commerce number 69602999.
2. Counterparty: any natural person or legal entity with whom JouwTech has entered into or intends to enter into an Agreement.
3. Consumer: a Counterparty, a natural person, not acting in the exercise of a profession or business.
4. Parties: JouwTech and the Counterparty jointly.
5. Agreement: any agreement concluded directly between the Parties through the Webshop, under which JouwTech has committed itself to the Counterparty to supply Products. 6. Products: the items to be delivered by JouwTech to the Counterparty under the Agreement,
including returned goods mixed on one or more pallets.
7. Online store: www.jouwtech.nl.
8. Written: written communication, communication by email, or any other form of communication that can be considered equivalent in view of the state of the art and prevailing social standards.
ARTICLE 2. | GENERAL PROVISIONS
1. These general terms and conditions apply to every offer made by JouwTech in the Webshop and every Agreement concluded.
2. Any general terms and conditions of the Other Party, however designated, do not apply to the Agreement.
3. Deviations from the provisions of these general terms and conditions are only permitted expressly and in writing. If and insofar as the provisions of these general terms and conditions deviate from what the Parties have expressly agreed to in writing, the express agreement of the Parties in writing shall prevail.
4. The annulment or nullity of one or more provisions of these general terms and conditions or the Agreement as such shall not affect the validity of the remaining provisions. In such a case, the Parties are obligated to consult with each other in order to reach a replacement arrangement regarding the affected provision. In doing so, the purpose and intent of the original provision shall be observed as much as possible.
ARTICLE 3. | OFFER AND FORMATION OF AGREEMENTS
1. Every offer from JouwTech is non-binding. JouwTech may withdraw the offer immediately, or at least as soon as possible after the Counterparty has placed the order, for example, if the Products are no longer available. If the Counterparty has already paid in such a case, JouwTech will arrange for reimbursement as soon as possible.
2. Every Agreement, without prejudice to the provisions of paragraph 1, is concluded when JouwTech's offer is accepted by the Counterparty and the Counterparty has met all conditions expressly stated in the offer. The order will then be confirmed to the Counterparty by email, 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 cancelled by the Other Party under the conditions set out in the following paragraph.
2. If the Other Party cancels the Agreement before the products have been shipped, the Other Party will owe 27% of the total purchase price as cancellation fees. A cancellation is only valid if submitted via the form on the customer service page. After JouwTech has shipped the order, cancellation is no longer possible.
ARTICLE 5. | RIGHT OF WITHDRAWAL FOR CONSUMERS
1. The Consumer cannot cancel the agreement in whole or in part because JouwTech's offer consists of Returned Goods and unchecked products intended for business purposes. Therefore, JouwTech customers are not covered by the Consumer Right of Withdrawal and returns are therefore not possible. In addition, JouwTech's offering is considered "custom-made" products because every box or pallet is different. For this reason, too, no right of withdrawal can be claimed.
ARTICLE 6. | DELIVERY TIMES
1. Products will be shipped no later than 90 days after the conclusion of the Agreement.
2. All delivery times are indicative, non-binding deadlines and may therefore vary. JouwTech will not be in default until the Counterparty has given JouwTech written notice of default, which notice of default specifies a reasonable period for performance, and JouwTech remains in default after the expiry of the latter period.
3. In the event of JouwTech's default as referred to in the previous paragraph, the Counterparty is entitled to terminate the Agreement, without the Counterparty being entitled to any further compensation than reimbursement or remission of the amount owed by the Counterparty to JouwTech under the Agreement.
ARTICLE 7. | DELIVERY OF PRODUCTS
1. Delivery of the Products will take place by delivering them to the delivery address specified by the Counterparty. If this address has been provided incorrectly, this is the customer's responsibility.
2. The risk of loss and damage to the Products passes to the Counterparty at the moment the Products are received by or on behalf of the Counterparty.
3. If the agreed delivery period is exceeded, the Counterparty, without prejudice to the provisions regarding default in Article 6, is never entitled to refuse to accept the Products and/or to pay the amount owed to JouwTech under the Agreement.
4. If the Products could not be delivered due to a circumstance attributable to the Counterparty, JouwTech is entitled to store the products at the Counterparty's expense and risk, without prejudice to the Counterparty's obligation to pay the amount owed to JouwTech under the Agreement. Any costs incurred in connection with the Counterparty's failure to accept delivery as referred to herein, such as additional shipping costs, will therefore be borne by the Counterparty. The provisions of the preceding paragraph do not affect the fact that the risk of loss and damage to the Products only passes to the Consumer when the Products have been received by or on behalf of the Consumer.
ARTICLE 8. | EXAMINATION, COMPLAINTS & DEFECTS
1. The Counterparty must immediately examine the nature and quantity of the Products upon delivery to determine whether they comply with the Agreement. If, in the Counterparty's opinion, the nature and/or quantity of the Products do not comply with the Agreement, the Counterparty must immediately notify JouwTech by email within 24 hours of delivery.
2. Complaints regarding defects in a Product that were not reasonably visible or otherwise undetectable at the time of delivery must be submitted to JouwTech by email ([email protected]) within 24 hours of discovering the defect, or within one day after the Counterparty could reasonably have become aware of the defect.
3. The provisions of the previous paragraphs do not affect the mandatory statutory complaint period of two months for Consumers, as stipulated in Article 7:23 of the Dutch Civil Code. 4. If the Counterparty does not submit a timely complaint, JouwTech will not be under any obligation arising from such a complaint.
5. Even if the Counterparty submits a timely complaint, the Counterparty's obligation to pay on time remains, except to the extent the law precludes this for the benefit of the Consumer.
6. The delivered goods concern one or more uninspected mixed pallets containing returned goods offered by JouwTech at rock-bottom prices. The Counterparty accepts the risk that one or more goods contained in the mixed pallet are not of the quality the Counterparty would otherwise expect from new goods. Therefore, JouwTech does not provide any warranty on the Products. JouwTech is not, and need not be, aware of the contents and condition of the goods. JouwTech is not liable for the contents of mixed pallets or for damage resulting from defects in the goods. Furthermore, JouwTech does not guarantee a minimum retail value or minimum quantities, nor can it guarantee the absence of defects in the goods, nor the contents of the mixed pallets. The Counterparty indemnifies JouwTech against all its claims and claims from third parties in this regard.
7. The provisions of the previous paragraph do not affect the mandatory statutory rights and claims that the Consumer can assert against JouwTech (conformity).
ARTICLE 9. | FORCE MAJEURE
1. JouwTech is not obligated 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 under the law, a legal act, or prevailing social standards (force majeure). Force majeure, in addition to what is defined in law and case law, includes errors or shortcomings of JouwTech's suppliers, transport difficulties, disasters, epidemics, pandemics, war and the threat of war, interruptions, lockouts, riots, acts of war, and strikes.
2. To the extent the force majeure situation makes performance of the Agreement permanently impossible, JouwTech is entitled to terminate the Agreement with immediate effect. 3. If JouwTech has already partially fulfilled its delivery obligations upon the occurrence of the force majeure situation, or can only partially fulfill its delivery obligations, it is entitled to invoice separately for the portion of the Agreement already delivered or still deliverable, as if it were a separate Agreement.
4. Damage resulting from force majeure, without prejudice to the application of the previous paragraph, is never eligible for compensation.
ARTICLE 10. | PRICES, SHIPPING COSTS, AND PAYMENTS
1. Before concluding the Agreement with a Consumer, the total price, including VAT and shipping costs, will be stated. In other cases, stated sales prices are exclusive of VAT, unless expressly stated otherwise, and the actual shipping costs incurred by JouwTech will be borne additionally by the Counterparty. Higher shipping costs apply for deliveries outside the Netherlands.
2. JouwTech is entitled to demand full or partial advance payment of the agreed price and shipping costs, provided that JouwTech will not oblige a Consumer to pay more than half of the purchase price in advance.
3. JouwTech is not obligated to perform the Agreement as long as the Counterparty is in default of any payment obligation already due and payable to JouwTech.
4. Payments must be made in the manner designated by JouwTech, within the period specified by it, or at the time specified by it. In the event of a bank transfer, JouwTech applies a standard payment term of 14 days after the invoice date, but may deviate from this in individual cases.
5. JouwTech is entitled to make invoices due to the Counterparty available to it exclusively by email.
6. If timely payment is not made, the Counterparty is automatically in default. From the date this default occurs, the Counterparty owes the then applicable statutory (commercial) interest on the outstanding amount.
7. All reasonable costs, including judicial, extrajudicial, and enforcement costs, incurred to collect amounts owed by the Counterparty, shall be borne by the Counterparty.
ARTICLE 11. | LIABILITY
1. The Counterparty shall bear the damages caused by inaccuracies or omissions in the data provided by the Counterparty, any other failure to fulfill the Counterparty's obligations arising from the law or the Agreement, as well as any other circumstance not attributable to JouwTech.
2. In addition to the provisions of Article 8.6, JouwTech shall under no circumstances be liable for indirect damages, including losses incurred, lost profits, and damages resulting from business interruption.
3. Should JouwTech be liable for any damages, JouwTech shall at all times have the right to repair these damages. The Counterparty must provide JouwTech with the opportunity to do so; failing which, any liability of JouwTech in this regard shall lapse.
4. JouwTech's liability is limited to a maximum of the invoice value of the Agreement, or at least to that part of the Agreement to which JouwTech's liability relates. 5. With regard to a consumer purchase, the restrictions in this article do not extend further than is permitted under Article 7:24, paragraph 2, of the Dutch Civil Code.
ARTICLE 12. | GENERAL COMPLAINTS POLICY
1. Complaints regarding the performance of the Agreement must, without prejudice to the provisions of Article 8, be submitted to JouwTech by email ([email protected]) within a reasonable time after the Counterparty has submitted the grounds for the complaint.
2. Complaints submitted to JouwTech will be answered within fourteen days of receipt. If a complaint requires a longer processing time, a response will be provided within fourteen days with an acknowledgement of receipt and an indication of when the Counterparty can expect a more detailed response.
3. If a Consumer's complaint cannot be resolved amicably, the Consumer may submit the dispute to the Disputes Committee via the ODR platform (ec.europa.eu/consumers/odr/). JouwTech is not obligated to cooperate in this process.
ARTICLE 13. | RETENTION OF OWNERSHIP
1. All delivered Products remain the property of JouwTech until the Counterparty has fulfilled all its payment obligations under the Agreement.
2. The Counterparty is prohibited from selling, pledging, or otherwise encumbering the Products subject to the retention of title.
3. The Counterparty is obligated to store the Products delivered under the retention of title with due care and as identifiable property of JouwTech.
4. If third parties seize the Products subject to JouwTech's retention of title, or wish to establish or assert rights thereto, the Counterparty is obligated to notify JouwTech of this as soon as possible.
5. In the event of a violation of the provisions of this article, the amount owed by the Counterparty to JouwTech shall become immediately due and payable in full.
6. The Counterparty grants unconditional permission to JouwTech or third parties designated by JouwTech to enter all locations where the Products subject to the retention of title are located. The Counterparty must provide JouwTech with all information necessary to exercise its ownership rights upon first request. All reasonable costs associated with the exercise of JouwTech's ownership rights shall be borne by the Counterparty.
7. If the Counterparty has fulfilled its obligations after JouwTech has delivered the Products to it, the retention of title with respect to these Products will be revived if the Counterparty fails to fulfill its obligations under a subsequently concluded Agreement.
ARTICLE 14. | FINAL PROVISIONS
1. JouwTech is entitled to transfer its rights and obligations under the Agreement to a third party.
2. Goods sold by JouwTech are sold for business purposes; therefore, customers are no longer subject to Consumer Law, but JouwTech's customers are considered business customers, even though no company name or company details have been provided.
3. Every Agreement and all legal relationships arising from it between the Parties are exclusively governed by Dutch law.
4. Before appealing to the courts, the Parties are obligated to make every effort to settle the dispute amicably.
5. Except to the extent the law precludes this under the given circumstances of the case, only the competent court within the district of JouwTech's registered office will be designated to hear any legal disputes between the Parties.