General Terms and Conditions Business
7. Costs of right of withdrawal
8. Exclusion of right of withdrawal
15. Additional or deviating provisions
Article 1 - Definitions
- Business customer: the natural person or legal entity who acts in the exercise of his profession or business and enters into an agreement with the entrepreneur.
- Day : calendar day;
- Agreement : the written or electronic agreement between the entrepreneur and the business customer;
- General Terms and Conditions : these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of entrepreneur
JNKO ©
Euromarkt 40
2408 BL Alphen aan den Rijn
The Netherlands
NB! This is not a visiting address!
Phone number: +31(0)6 31 27 62 70
WhatsApp: +31(0)6 31 27 62 70
Available Monday to Friday from 9:00 AM to 5:30 PM
E-mail address: info@jnko.nl
Chamber of Commerce number: 7063692
VAT identification number: NL001565447B09
Article 3 - Application
- These general terms and conditions apply to every offer from the entrepreneur and to every agreement concluded between the entrepreneur and the business customer.
- Deviations from these conditions are only valid if agreed in writing between both parties.
- We reserve the right to change these terms and conditions at any time. Customers will be notified of any such changes within a reasonable period of time.
- These general terms and conditions apply exclusively to transactions between JNKO and business customers.
Article 4 - Offer
- If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
- The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the corporate customer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
- Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
- All quotations and offers from JNKO are without obligation, unless a term for acceptance is stated in the quotation. A quotation or offer automatically expires if the Product or Service to which the quotation or offer relates is no longer available in the meantime.
- A quotation or offer is a one-time offer from which no rights can be derived for future agreements.
- Quotations or offers, or any part thereof, do not bind JNKO if there is an obvious mistake or typo.
- If the acceptance deviates from the offer included in the quotation or offer, JNKO is not bound by it.
- Agreements are only concluded through written confirmation by JNKO.
Article 5 - Agreement
- The agreement is concluded at the moment of acceptance by the business customer of the offer and compliance with the conditions set.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the business customer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can - within legal frameworks - inform himself whether the business customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
- Furthermore, JNKO is entitled to terminate the agreement with immediate effect if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or if other circumstances arise that are of such a nature that unchanged maintenance of the agreement is not reasonably required of JNKO. can be required.
- If the agreement is dissolved, JNKO's claims on the corporate customer are immediately due and payable. If JNKO suspends the fulfillment of its obligations, it retains its claims under the law and the agreement.
- JNKO offers the business customer the opportunity to create a business account on the JNKO Website. The business customer can purchase products and services from JNKO via this business account.
- The business customer is responsible for maintaining the confidentiality of the business account login information and for all activities that occur from the business account.
- JNKO may assume that all communications it receives from the business account take place on behalf of the business customer. The corporate customer will immediately notify JNKO if it suspects that unauthorized persons have gained access to the corporate account. The business customer is fully responsible and liable for damage and costs arising from the use of the business account, unless unauthorized access to the business account has been demonstrably obtained through the actions of JNKO.
- The business customer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions relating to the Products, Services and/or the Websites belong to JNKO.
- If JNKO fails to comply with the agreement, JNKO's liability is limited to what is regulated in this provision.
Article 6 - Right of withdrawal
- Corporate customers have no right to withdraw from the agreement as described in Article 6.
Article 7 - Costs of right of withdrawal
- The right of withdrawal is excluded for corporate customers.
Article 8 - Exclusion of right of withdrawal
- The right of withdrawal is excluded for corporate customers.
Article 9 - The price
- The prices of the products and/or services offered are exclusive of VAT.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
- The entrepreneur guarantees that the products and/or services comply with the agreement and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the business customer can assert against the entrepreneur under the agreement.
- The Products to be delivered by JNKO meet the usual requirements and standards that can reasonably be imposed on them at the time of delivery and for which they are intended during normal use. The warranty mentioned in this article applies to Products intended for use within the Netherlands. When used outside the Netherlands, the business customer must verify whether the Products are suitable for use there and meet the conditions set. In that case, JNKO may impose other warranty and other conditions with regard to the Products to be delivered.
- The commercial customer is obliged to inspect the delivered goods immediately when the Products are made available to him or when the relevant work has been carried out. The business customer must investigate whether the quality and/or quantity of the delivered goods corresponds to what has been agreed and meets the requirements that the parties have agreed in this regard.
- Any visible defects must be reported to JNKO in writing within 5 working days after delivery, unless the parties have expressly agreed otherwise. Any invisible defects must be reported to JNKO in writing immediately, but in any case no later than 5 working days after discovery, on penalty of forfeiture of the right to make these complaints known. The notification must contain as detailed a description as possible of the defect, so that JNKO is able to respond adequately. The corporate customer must give JNKO the opportunity to investigate a complaint.
- If the business customer reports a defect in a timely manner, this does not suspend his payment obligation. In that case, the corporate customer remains obliged to purchase and pay for the ordered Products. If the corporate customer does not make a (timely) notification within the meaning of this article, the Products are deemed to have been accepted by the corporate customer.
- If a defect is reported later, the business customer is no longer entitled to repair, replacement or compensation.
- If it is established that a Product is defective and this has been reported in a timely manner by the corporate customer, JNKO will replace the defective Product within a reasonable period after receipt of its return or, if return is not reasonably possible, written notification of the defect by the corporate customer. or ensure its repair, or pay replacement compensation to the Customer if replacement and repair are both not possible. In the event of replacement, the business customer is obliged to return the Product to be replaced to JNKO and transfer ownership thereof to JNKO, unless JNKO indicates otherwise.
- After the warranty period has expired, all costs for repair or replacement, including administration and shipping costs, will be charged to the business customer.
- Products/materials specially manufactured or ordered for the corporate customer will never be taken back.
- JNKO reserves the right to charge any costs or not to accept returns in the event of damage caused by the corporate customer to returned items with hidden or visible defects. No changes may have been made and/or written on or to the delivered goods and the delivered goods must be in undamaged condition.
- The applicability of the provisions in Book 7 of the Civil Code is expressly excluded.
Article 11 - Delivery and execution
- The entrepreneur will exercise the utmost care when receiving and executing orders for products.
- Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, usually within 30 working days at the latest, unless the company customer has agreed to a different delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the business customer will be notified immediately. In that case, the business customer has the right to terminate the agreement without costs. The corporate customer is not entitled to compensation.
- The entrepreneur accepts no liability for any delay damage that arises as a result of the postal company exceeding the delivery period. In such cases, the entrepreneur will make every effort to resolve the situation and assist the customer as best as possible in any disputes with the postal company, but the entrepreneur accepts no liability for damages due to delay. The corporate customer is advised to contact the postal service directly for further assistance in such cases.
- The risk of loss, damage or depreciation of a purchased item is transferred to the business customer at the time when the item is placed in the control of the business customer, or when the item has been sent to the postal company for delivery.
- If delivery is sent at the request of the corporate customer in a manner other than the usual manner, costs will be associated with this, which will be charged to the corporate customer, unless the parties have expressly agreed otherwise.
- The shipping address specified when placing the order applies as the place of delivery.
- JNKO is not liable for damage of any nature whatsoever caused by JNKO relying on incorrect and/or incomplete information provided by or on behalf of the corporate customer.
- Unloading of the goods takes place at the expense and risk of the business customer, unless the parties have expressly agreed otherwise.
- JNKO's total liability is in all cases limited to a maximum of the invoice value of the part of the order to which the liability relates.
- JNKO is entitled to deliver services and/or goods in parts (partial deliveries).
- The corporate customer's obligation to pay an invoice may not be suspended due to discrepancy in delivery, quantities or specifications.
- If the business customer cancels a placed order in whole or in part, the business customer will be charged in full for the products ordered or prepared for this purpose, plus any supply, removal and delivery costs thereof and the working time reserved for the execution of the agreement. .
Article 12 - Payment
- Payment must be made within the payment term specified by JNKO and in the currency as invoiced. JNKO is entitled to invoice per delivery / order and to unilaterally change the payment term at any time, including setting payment in advance.
- The business customer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
- In the event of non-payment by the business customer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the business customer in advance.
- JNKO reserves the right to offset any amount that it owes to the corporate customer at any time against any amount that JNKO has to claim from the corporate customer under any agreement with the corporate customer, without prejudice to any other rights that JNKO may have available. The corporate customer is never entitled to settlement of the amount owed to JNKO.
- Objections to the amount of an invoice do not suspend the payment obligation. A business customer who is not entitled to rely on section 6.5.3 (Articles 231 to 247 of Book 6 of the Civil Code) is also not entitled to suspend payment of an invoice for any other reason.
- If the corporate customer is in default or is in default with regard to the (timely) fulfillment of his obligations, all costs incurred to obtain payment of the principal amount and interest out of court will be borne by the corporate customer, as well as all legal costs, including the costs charged brought by external experts and lawyers.
- With prior approval from JNKO, the corporate customer can order on account via the Website, telephone or by e-mail.
- JNKO can at any time - within legal frameworks - inquire whether the corporate customer can meet his payment obligations, as well as all those facts and factors that are important for a thorough assessment of the creditworthiness of the corporate customer. Based on this outcome, JNKO can impose additional conditions on the business customer, such as providing security, including (bank) guarantees.
- The business customer must inform JNKO in a timely manner of a material change in the Chamber of Commerce / group structure / financial position if this could have a significant influence on JNKO's decision to deliver on account.
- JNKO reserves the right to change or withdraw credits and subsequent payments on account at any time without giving reasons.
- All Products delivered by JNKO in the context of the agreement remain the property of JNKO, unless the nature of the Product dictates otherwise, until the corporate customer has properly fulfilled all obligations under the agreement(s) concluded with JNKO, including full payment. of the purchase price, any surcharges, interest, taxes, costs and damages due under these conditions or the agreement.
- If third parties seize the Products delivered under retention of title or wish to establish or assert rights thereto or if liquidation, (application for) suspension of payments or bankruptcy or another circumstance occurs as a result of which the business customer can no longer freely dispose of his assets , the corporate customer is obliged to immediately inform JNKO thereof. In such cases and when the corporate customer fails to fulfill his payment obligations towards JNKO or gives JNKO good reason to fear that he will fail to meet those obligations, the corporate customer is obliged to return to JNKO at his own expense the goods still owned by JNKO. to give back.
Article 13 - Complaints procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the business customer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the business customer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
- In case of complaints, a business customer must first contact the entrepreneur.
Article 14 - Disputes
- Agreements between the entrepreneur and the business customer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the business customer lives abroad.
- The applicability of the Vienna Sales Convention is expressly excluded.
A dispute will only be processed by the Disputes Committee if the business customer has first submitted his complaint to the entrepreneur within a reasonable time.
- The Disputes Committee will not handle a dispute or will stop handling it if the entrepreneur has been granted a suspension of payments, has become bankrupt or has actually terminated his business activities before a dispute has been handled by the committee at the hearing and a final decision has been made. has been pointed out.
- All disputes relating to or arising from offers from JNKO, or agreements concluded with it, will be submitted to the competent court of the place where JNKO's registered office is located, unless a mandatory legal provision expressly designates another court as having jurisdiction. .
Article 15 - Additional or deviating provisions
- Additional or deviating provisions may be recorded in writing between the entrepreneur and the business customer. These provisions may not be to the detriment of the corporate customer and must be stored in an accessible manner on a durable data carrier.
- If any provision of these Terms and Conditions shall be unlawful, void or for any other reason unenforceable, then that specific provision shall be severed from these Terms and Conditions. In such a case, the validity and enforceability of the other provisions remain unaffected. The parties will make every effort to replace any invalid provision with valid and enforceable provisions, which will achieve as much as possible the same effect as would have been achieved by applying the invalid provision.
- JNKO and the corporate customer will comply with all relevant laws and regulations regarding privacy when executing the agreements concluded between them. The corporate customer guarantees that it has the necessary rights and consents before sharing personal data with JNKO.
- If and to the extent that JNKO processes personal data as an independent controller, this will take place in accordance with JNKO's privacy policy as available on the JNKO website via jnko.nl/privacy.