General terms and conditions
General Terms and Conditions for Consumers (B2C)
Table of contents:
- Article 1 - Definitions
- Article 2 - Applicability
- Article 3 - Account and password
- Article 4 - The offer
- Article 5 - The Agreement
- Article 6 - Right of withdrawal
- Article 7 - Obligations of the Consumer during the Reflection Period
- Article 8 - Exercise of the Right of Withdrawal by the Consumer and costs thereof
- Article 9 - Obligations of JT-Products upon revocation
- Article 10 - Exclusion of the Right of Withdrawal
- Article 11 - The price
- Article 12 - Compliance and additional warranty
- Article 13 - Delivery and execution
- Article 14 - Duration transactions: duration, termination and extension
- Article 15 - Payment
- Article 16 - Use of products and liability
- Article 17 - Complaints procedure
- Article 18 - Disputes
- Article 19 - Additional or deviating provisions
IMPORTANT!
JT-Products products are intended for off-road or track use . Using our products on vehicles intended for use on public roads is strongly discouraged and may violate local laws and regulations. Purchasing this product implies that you understand that it is not intended for public roads .
JT-Products disclaims any responsibility or liability for any damage or consequences resulting from use on public roads. We strongly recommend professional and technical advice . Failure to follow these guidelines can lead to dangerous situations.
Article 1 - Definitions
In these terms and conditions the following terms shall have the following meanings:
- Supplementary Agreement: an Agreement whereby the Consumer acquires products in connection with a Distance Contract and these items are supplied by JT-Products or by a third party on the basis of an agreement between that third party and JT-Products;
- Reflection period: the period within which the Consumer can make use of his right of withdrawal;
- Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
- Day: Calendar day;
- Duration agreement: an agreement that provides for the regular delivery of goods over a specific period;
- Durable Medium: any instrument - including email - that enables the Consumer or JT-Products to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purposes of the information and which allows for the unchanged reproduction of the stored information;
- Right of withdrawal: the option for the Consumer to cancel the Distance Contract within the Reflection Period;
- JT-Products: the private limited company JT-PRODUCTS, registered with the Chamber of Commerce under number 94689962 and located at Minden 21 (7327 AW) in Apeldoorn, the Netherlands;
- Agreement: any agreement concluded between JT-Products and the Consumer, any amendment or supplement thereto, as well as all (legal) acts in preparation for and in execution of that Agreement;
- Distance Contract: an Agreement concluded between JT-Products and the Consumer within the framework of an organised system for the distance sale of products, whereby up to and including the conclusion of the Agreement exclusive or partly use is made of one or more Techniques for distance communication;
- Remote communication technology: means that can be used to conclude an Agreement, without the Consumer and JT-Products having to be in the same room at the same time;
- Business Customer: any natural person or legal entity who acts in the exercise of his profession or business and/or who is registered with the trade register of the Chamber of Commerce in the Netherlands or the Belgian Trade Register and/or who has a business account created with JT-Products and with whom JT-Products enters into an Agreement or to whom JT-Products makes an offer;
Article 2 - Applicability
- These general terms and conditions apply to every offer from JT-Products and to every Distance Contract concluded between JT-Products and the Consumer. The applicability of any purchasing or other terms and conditions of the Consumer is expressly rejected.
- These Terms and Conditions expressly do not apply to Agreements with Business Customers.
- If one or more provisions of these Terms and Conditions are or become null and void at any time, in whole or in part, the remainder of these Terms and Conditions shall remain fully applicable.
- If JT-Products does not always require strict compliance with these Terms and Conditions, this does not mean that the provisions thereof do not apply, or that JT-Products in any way loses the right to require strict compliance with these Terms and Conditions in other cases.
Article 3 – Account and Password
- Consumers can create an account to place orders on the website. To create an account, consumers must enter the following information:
- Email address
- Username (optional)
- Password (self-chosen)
- A specific email address can only be used to create an account once. An account is strictly personal, non-transferable, and linked to the Consumer who created and activated it.
- When creating an account, the Consumer provides a (self-chosen) password and email address. This password—in combination with the email address provided—is required to log in to the account and place an order.
- The consumer guarantees that the information they provide to JT-Products in connection with their account and any subsequent orders is correct, complete, and up-to-date. The consumer can change their account information online by logging in to their account.
- The Consumer must treat the password confidentially and with care and the Consumer must take reasonable measures to prevent unauthorized persons from becoming aware of and using the password and/or his account.
- The consumer must immediately report loss, theft, or (suspected) misuse or improper use of the password and/or account by a third party to JT-Products in writing. Until JT-Products receives this notification, the consumer is liable for all damages resulting from the use of the password and/or account.
- If JT-Products discovers or has reasonable grounds to suspect that unauthorized persons are using or may use the Consumer's password and/or account, JT-Products has the right to immediately block the Consumer's account and password and to recover any damages JT-Products suffers as a result from the Consumer, without JT-Products being liable for any damages suffered by the Consumer.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the Consumer to properly assess the offer. If JT-Products uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer are not binding on JT-Products.
- Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
Article 5 - The Agreement
- Subject to the provisions of paragraph 4, the Agreement shall be concluded at the time the Consumer accepts the offer and complies with the conditions set therein.
- If the Consumer has accepted the offer electronically, JT-Products will immediately confirm receipt of acceptance of the offer electronically. As long as JT-Products has not confirmed receipt of this acceptance, the Consumer may terminate the Agreement.
- If the Agreement is concluded electronically, JT-Products will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the Consumer can pay electronically, JT-Products will implement appropriate security measures.
- JT-Products may, within legal frameworks, investigate whether the Consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the Distance Contract. If, based on this investigation, JT-Products has good reason not to enter into the Agreement, it is entitled to reject an order or request with reasons or to impose special conditions on its execution.
- In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal
- The Consumer may cancel an Agreement regarding the purchase of a product during a Reflection Period of at least 14 days without giving any reason. JT-Products may ask the Consumer for the reason for cancellation, but is not obligated to state their reason(s).
- The Reflection Period referred to in paragraph 1 commences on the Day after the Consumer, or a third party designated by the Consumer in advance, who is not the carrier, has received the product, or:
- If the Consumer has ordered multiple products in the same order: the day on which the Consumer, or a third party designated by the Consumer, received the last product. JT-Products may refuse an order for multiple products with different delivery times, provided it has clearly informed the Consumer of this prior to the ordering process.
- if the delivery of a product consists of different shipments or parts: the Day on which the Consumer, or a third party designated by him, received the last shipment or the last part;
- for Agreements for regular delivery of products over a specific period: the Day on which the Consumer, or a third party designated by the Consumer, has received the first product.
Article 7 - Obligations of the Consumer during the Reflection Period
- During the Reflection Period, the Consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine its nature, characteristics, and functioning. The basic principle here is that the Consumer may only handle and inspect the product as they would be allowed to do in a store.
- The Consumer is only liable for any diminished value of the product resulting from the handling of the product in a way that goes beyond what is permitted in paragraph 1.
- The Consumer shall not be liable for any diminished value of the product if JT-Products has not provided him with all legally required information about the Right of Withdrawal before or at the conclusion of the Agreement.
Article 8 - Exercise of the Right of Withdrawal by the Consumer and costs thereof
- If the Consumer exercises his Right of Withdrawal, he shall notify JT-Products of this within the cooling-off period by means of the withdrawal form or in another unambiguous manner.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the Consumer shall return the product or hand it over to (an authorized representative of) JT-Products. This is not necessary if JT-Products has offered to collect the product itself. The Consumer has in any case complied with the return period if they return the product before the Reflection Period has expired.
- The Consumer shall return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by JT-Products.
- The risk and burden of proof for the correct and timely exercise of the Right of Withdrawal lies with the Consumer.
- The Consumer shall bear the direct costs of returning the product. If JT-Products has not indicated that the Consumer must bear these costs, or if JT-Products indicates that it will bear the costs itself, the Consumer is not required to bear the return costs.
- If the Consumer exercises his Right of Withdrawal, all Additional Agreements will be terminated by operation of law.
Article 9 - Obligations of JT-Products upon revocation
- If JT-Products makes it possible for the Consumer to notify the withdrawal electronically, it will immediately send an acknowledgement of receipt after receiving this notification.
- JT-Products will reimburse all payments made by the Consumer, including any delivery costs charged by JT-Products for the returned product and excluding any return costs incurred by the Consumer for returning the returned product, without delay and within 14 days of the day on which the Consumer notified JT-Products of the withdrawal. Unless JT-Products offers to collect the product itself, it may withhold reimbursement until it has received the product or until the Consumer proves that they have returned the product, whichever is the earliest.
- JT-Products will use the same payment method the Consumer used for reimbursement, unless the Consumer agrees to a different method. Refunds are free of charge for the Consumer.
- If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, JT-Products is not obliged to reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of the Right of Withdrawal
JT-Products may exclude the following products from the Right of Withdrawal, but only if JT-Products has clearly stated this in the offer, at least in good time before the conclusion of the Agreement:
- Products whose price is subject to fluctuations in the financial market over which JT-Products has no influence and which may occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction is a sales method in which JT-Products offers products to the Consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and in which the successful bidder is obligated to purchase the products;
- Products manufactured according to the Consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the Consumer or which are clearly intended for a specific person;
- Products that spoil quickly or have a limited shelf life;
- Sealed products which are not suitable for return for reasons of health protection or hygiene and were unsealed after delivery;
- Products which after delivery are irreversibly mixed with other products by their nature;
Article 11 - The price
- During the validity period stated in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.
- Notwithstanding the previous paragraph, JT-Products may offer products with variable prices subject to fluctuations in the financial market over which JT-Products has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
- Price increases within 3 months after the conclusion of the Agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the Agreement are only permitted if JT-Products has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the Consumer has the authority to terminate the Agreement with effect from the Day on which the price increase takes effect.
- The prices stated in the product offer include VAT.
Article 12 - Compliance with the Agreement and additional warranty
- JT-Products warrants that the products comply with the Agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the Agreement is concluded. If agreed upon, JT-Products also warrants that the product is suitable for other than normal use.
- An additional warranty provided by JT-Products, its supplier, manufacturer or importer never limits the statutory rights and claims that the Consumer can assert against JT-Products under the Agreement if JT-Products has failed to fulfil its part of the Agreement.
- The warranty does not cover defects in the articles that arise as a result of normal wear and tear, or damage resulting from circumstances beyond JT-Products' control, including weather conditions or damage caused during improper use, transport, assembly and installation by the Consumer and/or third parties.
- An extended warranty is understood to mean any obligation of JT-Products, its supplier, importer or manufacturer in which it grants the Consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the Agreement.
Article 13 - Delivery and execution
- JT-Products will take the utmost care when receiving and executing orders for products.
- The place of delivery is the address that the Consumer has provided to JT-Products.
- Subject to the provisions of Article 4 of these terms and conditions, JT-Products will fulfill accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the Consumer will be notified of this no later than 30 days after placing the order. In that case, the Consumer has the right to terminate the Agreement free of charge and is entitled to any compensation.
- After termination in accordance with the previous paragraph, JT-Products will immediately refund the amount paid by the Consumer.
- The risk of damage and/or loss of products rests with JT-Products until the moment of delivery to the Consumer or a previously designated representative made known to JT-Products, unless expressly agreed otherwise.
Article 14 - Duration transactions: duration, termination and extension
Cancellation:
- The Consumer may terminate an Agreement concluded for an indefinite period and which extends to the regular delivery of products, at any time, taking into account the agreed termination rules and a notice period of no more than one month.
- The Consumer may terminate an Agreement concluded for a definite period and which extends to the regular delivery of products at any time towards the end of the specified term, taking into account the agreed termination rules and a notice period of no more than one month.
- The Consumer may terminate the Agreements referred to in the previous paragraphs:
- cancel at any time and not be limited to cancellation at a specific time or during a specific period;
- at least cancel them in the same manner as they were entered into by him;
- always cancel with the same notice period as JT-Products has stipulated for itself.
Extension:
- An Agreement entered into for a fixed period and aimed at the regular delivery of products may not be tacitly extended or renewed for a fixed period.
- By way of exception to the previous paragraph, an Agreement entered into for a fixed period and which provides for the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the Consumer can cancel this extended Agreement at the end of the extension period with a notice period of up to one month.
- An Agreement entered into for a fixed term and intended for the regular delivery of products may only be tacitly extended for an indefinite period if the Consumer may cancel it at any time with a notice period of no more than one month. The notice period is no more than three months if the Agreement provides for the regular, but less frequent, delivery of daily newspapers, weekly newspapers, and magazines.
- An Agreement with a limited duration for the regular delivery of daily newspapers, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be automatically renewed and will end automatically after the trial or introductory period.
Duration:
- If an Agreement has a duration of more than one year, the Consumer may terminate the Agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 15 - Payment
- Unless otherwise stated in the Agreement or additional conditions, amounts owed by the Consumer must be paid within 14 Days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 Days after the conclusion of the Agreement.
- The Consumer has the duty to report any inaccuracies in payment details provided or stated to JT-Products without delay.
- If the Consumer fails to meet their payment obligation(s) on time, after JT-Products has notified the Consumer of the late payment and JT-Products has granted the Consumer a period of 14 days in which to meet their payment obligations, if payment is not made within this 14-day period, the Consumer will owe statutory interest on the outstanding amount and JT-Products will be entitled to charge the Consumer for any extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. JT-Products may deviate from the stated amounts and percentages to the benefit of the Consumer.
Article 16 - Use of products and liability
- The consumer understands and accepts that JT-Products products are intended exclusively for off-road or track use. JT-Products is never liable for any damage resulting from use of products on public roads.
- JT-Products' total liability for direct damages arising out of or in connection with the Agreement, regardless of the nature of the claim (contract, tort or otherwise), shall not exceed the total amount actually paid by Consumer to JT-Products for the product giving rise to the claim.
- JT-Products is not liable for any damages other than direct damages. This includes, but is not limited to, indirect damages, consequential damages, damages due to delayed delivery, and damages due to delayed invoicing.
- The condition for any right to compensation is that the Consumer reports the damage to JT-Products in writing without delay, and at the latest within 14 days after the damage occurred.
- Any form of compensation against JT-Products will lapse after a period of twelve (12) months from the date the (alleged) claim arose.
- The limitations of liability contained in the third paragraph of this article shall lapse in the event of claims for compensation as a result of death or injury or in the event of intent or deliberate recklessness on the part of JT-Products.
- JT-Products is not liable for damage of any nature whatsoever arising because JT-Products has based its actions on incorrect and/or incomplete information provided by or on behalf of the Business Customer.
Article 17 - Complaints procedure
- Complaints regarding the performance of the Agreement must be submitted to JT-Products fully and clearly described within a reasonable time after the Consumer has discovered the defects.
- Complaints submitted to JT-Products will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, JT-Products will respond within 14 days with an acknowledgement of receipt and an indication of when the Consumer can expect a more detailed response.
- The Consumer must give JT-Products at least four weeks to resolve the complaint amicably. After this period, a dispute arises that is subject to the dispute resolution procedure.
Article 18 - Disputes
- Agreements between JT-Products and the Consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
Article 19 - Additional or deviating provisions
- Additional or deviating provisions from these general terms and conditions may not be to the detriment of the Consumer and must be recorded in writing or in such a way that they can be stored by the Consumer in an accessible manner on a durable data carrier.
General Terms and Conditions for Businesses (B2B)
Table of contents:
- Article 1 - Definitions
- Article 2 - Applicability
- Article 3 - Account and Password
- Article 4 - The offer
- Article 5 - The Agreement
- Article 6 - Payment
- Article 7 - Retention of title
- Article 8 - Delivery and execution
- Article 9 - No right of withdrawal
- Article 10 - Guarantees
- Article 11 - Liability
- Article 12 - Indemnification
- Article 13 - Force Majeure
- Article 14 - Applicable law and disputes
- Article 15 - Changes to terms and conditions
IMPORTANT!
JT-Products products are intended for off-road or track use . Using our products on vehicles intended for use on public roads is strongly discouraged and may violate local laws and regulations. Purchasing this product implies that you understand that it is not intended for public roads and may not be sold as such to third parties.
JT-Products disclaims all responsibility or liability for any damage or consequences resulting from use on public roads. We strongly recommend professional and technical advice . Failure to follow these guidelines can lead to dangerous situations.
Article 1 - Definitions
The following capitalized terms shall have the following meanings:
- Business Customer: any natural person or legal entity who acts in the exercise of his profession or business and/or who is registered with the trade register of the Chamber of Commerce in the Netherlands or the Belgian Trade Register and/or who has a business account created with JT-Products and with whom JT-Products enters into an agreement or to whom JT-Products makes an offer;
- Agreement: any agreement concluded between JT-Products and the Business Customer, any amendment or supplement thereto, as well as all (legal) acts in preparation for and in execution of that Agreement;
- Force Majeure: any circumstance beyond a party's reasonable control that makes fulfillment of obligations under an Agreement temporarily or permanently impossible. Force Majeure includes, but is not limited to: strikes, fire, water damage, theft, vandalism, riots, war, terrorism, impediments or obstructions on the part of JT-Products' suppliers, government measures, natural disasters, epidemics, pandemics, transport restrictions, and other similar circumstances.
- Product(s): any item offered, to be delivered or delivered by JT-Products on the basis of the Agreement or any product that is considered to be equivalent based on common opinion;
- JT-Products: the private limited company JT-PRODUCTS registered with the Dutch Chamber of Commerce under number 94689962 and established at Van den Akker-erf 7 (5384 TT) in Heesch, the Netherlands;
- Website: the website(s) managed by JT-Products, including www.jt-products.nl and www.jt-products.eu;
- Terms and Conditions: these general terms and conditions.
Article 2 - Applicability
- These Terms and Conditions apply to every offer and Agreement between JT-Products and the Business Customer, unless expressly deviated from in writing. By placing an order and/or making a purchase through the JT-Products Website, the Business Customer accepts these Terms and Conditions, as well as all other rights and obligations as stated in the offer.
- These Terms and Conditions expressly do not apply to agreements with natural persons who are not acting in the exercise of their profession or business.
- The applicability of any purchasing or other conditions of the Business Customer is expressly rejected by JT-Products.
- If one or more provisions of these Terms and Conditions are or become null and void at any time, in whole or in part, the remainder of these Terms and Conditions shall remain fully applicable.
- If JT-Products does not always require strict compliance with these Terms and Conditions, this does not mean that the provisions thereof do not apply, or that JT-Products in any way loses the right to require strict compliance with these Terms and Conditions in other cases.
Article 3 - Account and Password
- Business Customers can create an account to place an order on the Website. To create an account, Business Customers must enter the following information:
- Email address
- Username (optional)
- Password (self-chosen)
- A specific email address can only be used to create an account once. An account is strictly personal, non-transferable, and linked to the Business Customer who created and activated the account.
- When creating an account, the Business Customer provides a (self-chosen) password and email address. This password—in combination with the email address provided—is required to log in to the account and place an order.
- Business Customers guarantee that the information they provide to JT-Products in connection with their account and any subsequent orders is correct, complete, and up-to-date. Business Customers can change their account information online by logging in to their account.
- Business Customer must treat the password confidentially and with care and Business Customer must take reasonable measures to prevent unauthorized persons from gaining access to and using the password and/or his account.
- Business Customers must immediately report loss, theft, or (suspected) misuse or improper use of the password and/or account by a third party to JT-Products in writing. Until JT-Products receives this notification, the Business Customer is liable for all damages resulting from the use of the password and/or account.
- If JT-Products discovers or has reasonable grounds to suspect that unauthorized persons are using or may use the password and/or account of the Business Customer, JT-Products has the right to immediately block the account and password of the Business Customer and to recover any damage JT-Products suffers as a result from the Business Customer, without JT-Products being liable for any damage suffered by the Business Customer.
Article 4 - The offer
- Any offer made by JT-Products on the Website is without obligation and may be withdrawn by JT-Products at any time.
- Obvious mistakes or errors in the offer do not bind JT-Products.
- The prices listed on the Website for products or services include VAT. If applicable and under certain conditions, the listed price may be reduced to the amount excluding VAT, with a separate indication of any VAT itself. The invoice is the determining factor for financial processing in the Business Customer's administration.
Article 5 - The Agreement
- The Agreement will only be concluded after written confirmation of the order by JT-Products.
- Each Agreement is entered into under the condition precedent of sufficient availability of the relevant Products and/or services.
- Complaints regarding the performance of the Agreement must be submitted to JT-Products fully and clearly described within a reasonable time, but no later than 14 days after the Business Customer could reasonably have discovered the defects.
Article 6 - Payment
- Payment is due in advance, unless JT-Products stipulates otherwise in the Agreement or additional terms. JT-Products may unilaterally determine and change the payment method.
- If JT-Products stipulates in the Agreement or additional conditions that payment afterwards is possible, the amounts owed by the Business Customer must be paid within 14 days after the conclusion of the Agreement to the account number specified by JT-Products.
- JT-Products may set a maximum to the total amount of the monthly arrears payment referred to in paragraph 2 of this article.
- If the payment term is exceeded, the Business Customer will owe statutory interest for commercial transactions on the outstanding amount, and JT-Products may charge it for any extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% of outstanding amounts up to €2,500; 10% of the subsequent €2,500; and 5% of the subsequent €5,000, with a minimum of €40.
- If the Business Customer is in default or in breach of its obligations (in a timely manner), JT-Products has the right to charge the Business Customer for any costs incurred, including but not limited to legal fees, to obtain satisfaction out of court.
- Business Customer is not entitled to offset amounts owed by him to JT-Products.
- Objections to the amount of an invoice, a discovered defect, or discrepancy in delivery, quantities or specifications do not suspend the payment obligation.
- Business Customers are obliged to immediately report any inaccuracies and/or changes in payment details provided or stated to JT-Products.
Article 7 - Retention of title
- All Products delivered by JT-Products under the Agreement shall remain the property of JT-Products until the Business Customer has properly fulfilled all obligations arising from the Agreement(s) concluded with JT-Products, including the purchase price, any surcharges, interest, taxes, costs and compensation due under these Terms and Conditions or the Agreement.
- Products delivered by JT-Products, which are subject to the retention of title pursuant to paragraph 1, may not be resold and may never be used as a means of payment. Business Customers are not authorized to pledge or otherwise encumber Products subject to the retention of title.
- Business Customers must always do everything that can reasonably be expected of them to safeguard the ownership rights of JT-Products.
- If third parties seize the Products delivered under retention of title, or wish to establish or assert rights thereto, or if bankruptcy or any other circumstance occurs as a result of which the Business Customer can no longer freely dispose of its assets, the Business Customer is obliged to immediately inform JT-Products thereof and to return to JT-Products at its own expense the Products still belonging to JT-Products.
- In the event JT-Products wishes to exercise its ownership rights as referred to in this article, Business Customer hereby grants unconditional and irrevocable permission in advance to JT-Products and any third parties designated by JT-Products to enter all places where JT-Products' property is located and to take back those Products.
Article 8 - Delivery and execution
- JT-Products will exercise due care when receiving and executing orders for Products.
- In principle, the place of delivery is the Business Customer's address linked to their Chamber of Commerce registration (in the Netherlands) or their registration in the Belgian Trade Register. Only after the business account has been verified can the Business Customer inform JT-Products of a different place of delivery.
- Subject to the provisions of Article 2 of these Terms and Conditions, JT-Products will fulfill accepted orders expeditiously. The delivery times stated on the Website are not final deadlines.
- If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the Business Customer will be notified of this no later than one month after placing the order. In that case, the Business Customer has the right to terminate the Agreement free of charge. JT-Products cannot be held liable for any damages resulting from exceeding a delivery deadline.
- In the event of termination in accordance with the previous paragraph, JT-Products will refund the amount that the Business Customer has already paid in advance as soon as possible, but no later than 30 days after termination.
- All risks of any nature whatsoever (including the risk of damage and/or loss of Products) shall rest with the Business Customer from the moment that JT-Products hands the Product over to the carrier, unless expressly agreed otherwise.
- JT-Products may determine that, depending on, among other things, the amount of the order, the Business Customer is obliged to sign for receipt.
- Business Customers are obligated to inspect the quantities and quality of the Products immediately upon delivery or (if applicable) before signing for receipt. In the event of any visible deviations or defects, Business Customers must notify JT-Products in writing within 24 hours. After this, Business Customers can no longer complain about any deviations or defects in the delivery.
- Any hidden defects must be reported to JT-Products in writing immediately upon discovery, but in any case within 5 business days of discovery, otherwise the right to subsequently disclose these complaints will be forfeited. This report must include a detailed description of the defect. Business Customers must also give JT-Products the opportunity to investigate the defect. If a defect is reported later, the Business Customer will no longer be entitled to repair, replacement, or compensation.
Article 9 - No right of withdrawal
- Business Customers acknowledge and accept that no cooling-off period applies to their purchases. After purchasing Products, Business Customers are expressly not entitled to return Products or terminate the Agreement, except as permitted under these Terms and Conditions.
Article 10 - Guarantees
- JT-Products warrants that the Products comply with the Agreement and the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the Agreement is concluded.
- The warranty referred to in this Article 10 is the same as the manufacturer's warranty provided by the manufacturer of the Products.
- The warranty does not cover defects in the articles that arise as a result of normal wear and tear, or damage resulting from circumstances beyond JT-Products' control, including weather conditions or damage arising during improper use, transport, assembly and installation by the Business Customer and/or third parties.
- Any form of warranty will lapse if the item has been used incorrectly or carelessly and/or if it has been stored or maintained incorrectly by the Business Customer and/or third parties.
Article 11 - Liability
- JT-Products excludes any liability for any type of damage, except for damage resulting from intent or deliberate recklessness on the part of JT-Products, or to the extent that damage cannot be excluded under the law.
- If liability exists, JT-Products is only liable for direct damages. Liability for indirect damages, including lost profits, consequential damages, losses incurred, lost savings, and damages due to business interruption, is expressly excluded.
- Direct damage is understood to mean exclusively the reasonable costs of determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these Terms and Conditions, any reasonable costs incurred to ensure that the defective performance of JT-Products complies with the Agreement, insofar as these can be attributed to JT-Products and reasonable costs incurred to prevent or limit direct damage as referred to in these Terms and Conditions.
- Any liability for direct damage of JT-Products towards Business Customer, on whatever grounds, is limited per event (whereby a connected series of events is considered as one event) to the invoice amount actually paid by Business Customer to JT-Products for the relevant product from which the damage is a consequence, including shipping costs.
- In any case, JT-Products' liability is always limited to the amount paid out by the insurer in a specific claim.
- JT-Products is not liable for damage of any nature whatsoever arising because JT-Products has based its actions on incorrect and/or incomplete information provided by or on behalf of the Business Customer.
Article 12 - Indemnification
- Business Customer indemnifies JT-Products against any claims by third parties, on any legal grounds whatsoever, who suffer damage in connection with the performance of the Agreement and the cause of which is not attributable to JT-Products.
- Damage the cause of which cannot be attributed to JT-Products as referred to in paragraph 1 includes, but is not limited to, damage caused by use of Products on public roads and use of Products in violation of the prescribed instructions for use.
- If JT-Products is held liable by third parties for this reason, the Business Customer is obligated to assist JT-Products both in and out of court and to immediately take all steps that may be expected of them in that case. Should the Business Customer fail to take adequate measures, JT-Products may, without notice of default, take such measures itself. All costs and damages incurred by JT-Products and third parties as a result thereof shall be borne entirely by the Business Customer.
Article 13 - Force Majeure
- JT-Products is not obliged to fulfil any obligation towards a Business Customer if it is prevented from doing so as a result of Force Majeure.
- JT-Products may suspend its obligations under the Agreement for the duration of the Force Majeure. If this period lasts longer than two months, either party may terminate the Agreement without any obligation to compensate the other party for damages.
- If, at the time of the occurrence of Force Majeure, JT-Products has already partially fulfilled its obligations under the Agreement or will be able to fulfill them, and the part to be fulfilled or the part yet to be fulfilled has independent value, JT-Products may invoice the part already fulfilled or the part yet to be fulfilled separately. The Business Customer is obligated to pay this invoice as if it were a separate Agreement.
Article 14 - Applicable law and disputes
- All offers from JT-Products and Agreements between JT-Products and Business Customers to which these Terms and Conditions apply are governed exclusively by Dutch law. Dutch law also applies if the Agreement is performed in whole or in part abroad.
- The applicability of the Vienna Sales Convention, the provisions of Book 7 of the Dutch Civil Code and Articles 6:227b paragraph 1 and 6:227c BW are expressly excluded.
- All disputes arising from offers or Agreements, however named, shall be submitted exclusively to the competent court of the East Brabant District Court (Netherlands).
- Parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.
Article 15 - Amendment of Terms
- JT-Products reserves the right to unilaterally amend these Terms and Conditions. JT-Products will notify the Business Customer in writing of any amendment.
- The version applicable at the time the relevant legal relationship with JT-Products was established always applies. Business Customers are advised to regularly review the Terms and Conditions for changes.
