JouwTech
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General terms and conditions

ARTICLE 1. | DEFINITIONS
In these general terms and conditions, the following terms, always capitalised, are used in the following meanings.

1. JouwTech: the user of these general terms and conditions, established at Seggelant-Noord 5B, 3237MG in

Vierpolders, registered in the Commercial Register under Chamber of Commerce number 69602999.

2. Other Party: any natural or legal person with whom JouwTech has concluded or intends to conclude an Agreement.

3. Consumer: any Other Party, natural person, not acting in the course of a profession or business.

4. Parties: JouwTech and the Other Party jointly.

5. Agreement: any agreement concluded directly between the Parties via the webshop within the framework of which

within the framework of which JouwTech has undertaken towards the Other Party to deliver Products.

6. Products: the goods to be delivered by JouwTech to the Other Party within the framework of the Agreement,

including return goods mixed on one or more pallets.

7. Webshop: www.jouwtech.nl.

8. Written: communication in writing, communication by e-mail or any other manner of communication which, in view of the state of the art and generally accepted standards, can be equated with this.


ARTICLE 2. | GENERAL PROVISIONS
1. These General Terms and Conditions apply to every offer by JouwTech in the Web Shop and every Agreement entered into.

2. Any general terms and conditions of the Other Party, by whatever name designated, shall not apply to the Agreement.

3. The provisions of these General Terms and Conditions may only be deviated from expressly and in Writing. If and insofar as the provisions of these general terms and conditions deviate from what the Parties have expressly agreed in writing, that which the Parties have expressly agreed in writing shall prevail.

4. Destruction or nullity of one or more of the provisions of these general terms and conditions or the

Agreement as such shall not affect the validity of the remaining clauses. In such a case the Parties are obliged to enter into mutual consultation in order to reach a replacement arrangement in respect of the affected clause. In doing so, the purpose and purport of the original stipulation will be observed as much as possible.

 


ARTICLE 3. | OFFER AND FORMATION OF AGREEMENTS
1. Each offer by JouwTech is non-binding. Immediately, or at least as soon as possible after the order has been placed by the

offer, for example in the event the Products are no longer available. If in such case payment has already been made by the Other Party, JouwTech shall ensure repayment as soon as possible.

2. Each Agreement shall, without prejudice to the provisions of Paragraph 1, be concluded at the time that JouwTech's offer is accepted by the Other Party and the Other Party has complied with all the conditions expressly stated in the offer.

expressly stated in the offer. Subsequently, without prejudice to the provisions of Paragraph 1, the order shall be confirmed to the Other Party by e-mail.

 


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 referred to in the following paragraph.

2. If the Other Party cancels the Agreement before the Products have been dispatched, the Other Party shall owe 27% of the total purchase price as cancellation costs. After dispatch of the Products, cancellation is no longer possible.

 


ARTICLE 5. | CONSUMER RIGHT OF WITHDRAWAL
1. The Consumer cannot rescind the Agreement in whole or in part because mixpallets and the goods from JouwTech's offer consist of Return Goods and uncontrolled products intended for business purposes, therefore customers of JouwTech are not covered by the Consumer Right of Withdrawal.

 


ARTICLE 6. | DELIVERY PERIODS
1. Products will be shipped no later than 90 days after the conclusion of the Agreement.

2. All delivery times are indicative, non-fatal terms and may vary accordingly. JouwTech shall not be in default until the Other Party has given written notice of default to JouwTech, in which notice a reasonable period for performance shall be stated, and JouwTech is still in default of performance after the expiry of the latter period.

3. In the event of default by JouwTech as referred to in the previous paragraph, the Other Party is entitled to dissolve the Agreement, without the Other Party being entitled to claim compensation beyond refund or remission of the amount owed to JouwTech by the Other Party pursuant to the Agreement.

 


ARTICLE 7. | DELIVERY OF PRODUCTS
1. Delivery of the Products shall be made by delivering them to the delivery address provided by the Other Party.

delivery address.

2. The risk of loss and damage to the Products shall pass to the Other Party at the moment the Products are received by or on behalf of the Other Party.

3. If the agreed delivery term is exceeded, without prejudice to the provisions

Article 6, the Other Party shall never be entitled to refuse to take delivery of the Products and/or to pay the amount owed by it to JouwTech by virtue of the Agreement.
4. If the Products could not be delivered due to a circumstance attributable to the Other Party, JouwTech shall be entitled to store the Products at the Other Party's expense and risk,

without prejudice to the Other Party's obligation to pay the amount owed by it to JouwTech pursuant to the Agreement. The costs to be incurred in connection with the non-acceptance by the Other Party as referred to herein, such as extra shipping costs, shall be for the account of the Other Party. The provisions of the foregoing of this paragraph shall not affect the risk of loss and damage.

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of the Products only transfers to the Consumer at the moment the Products are received by or on behalf of the Consumer.

Consumer has taken delivery of the Products.


ARTICLE 8. | INVESTIGATION, COMPLAINTS & FAILURE
1. The Other Party shall immediately upon delivery of the Products examine whether their nature and quantity comply with the Agreement. If, in the opinion of the Other Party, the nature and/or quantity of the Products do not comply with the Agreement, the Other Party shall immediately notify JouwTech thereof by e-mail.

2. Complaints with regard to defects of a Product which were not reasonably visible or otherwise apparent at the time of delivery shall be submitted to JouwTech by e-mail ([email protected]) within one day of discovery of the defect or at least within a period of one day after the Other Party could reasonably have become aware of the defect.

3. The provisions of the previous paragraphs are without prejudice to the mandatory statutory complaint period of two months for

Consumers as regulated in Section 7:23 of the Dutch Civil Code.

4. If the Other Party does not complain in time, no obligation shall arise for JouwTech from such complaint by the Other Party.

5. Even if the Other Party complains in time, the obligation of the Other Party to pay in time shall continue to exist, except insofar as the law for the benefit of the Consumer imperatively prevents such.

6. The delivered goods concern one or more unverified mix pallets with return goods offered by JouwTech at rock-bottom prices. The Other Party accepts the risk that one or more goods which are part of the mix pallet are not of the quality the Other Party may otherwise expect from new goods. JouwTech shall therefore provide no warranty on the Products. JouwTech is and need not be aware of the content and condition of the goods. JouwTech shall not be liable for the content of mix pallets or damage resulting from defects in the goods. Furthermore, JouwTech does not guarantee a minimum retail value, cannot guarantee the absence of defects in the goods and furthermore cannot guarantee the content of mix pallets. The Other Party shall indemnify JouwTech against all claims and demands of third parties in this regard.

7. The provisions of the previous paragraph do not detract from the mandatory statutory rights and claims which the

Consumer may assert against JouwTech (conformity).


ARTICLE 9. | FORCE MAJEURE
1. JouwTech is not bound to comply with any obligation under the Agreement if and as long as it is prevented from doing so by a circumstance which cannot be attributed to it under the law, a legal act or generally accepted practice (force majeure). Force majeure shall include, in addition to its definition in law and jurisprudence, faults or shortcomings by suppliers of JouwTech, transport difficulties, disasters, epidemics, pandemics, war and threat of war, interruptions, lockouts, riots, acts of war and strikes.

2. Insofar as the force majeure situation renders compliance with the Agreement permanently impossible, JouwTech is entitled to dissolve the Agreement with immediate effect.

3. In the event that JouwTech has already partially fulfilled its delivery obligations when the force majeure situation arises or can only partially fulfil its delivery obligations, it is entitled to separately charge the part already delivered or still deliverable part of the Agreement as if it were an independent Agreement.

4. Without prejudice to the application of the previous paragraph, damage resulting from force majeure shall never be eligible for compensation.

 


ARTICLE 10. | PRICES, SHIPPING COSTS AND PAYMENTS
1. Before the Agreement is concluded with a Consumer, the total price shall be stated, including VAT and shipping costs. In other cases, stated sales prices are exclusive of VAT unless explicitly stated otherwise and the actual shipping costs incurred by JouwTech shall be additionally borne by the Other Party. Higher shipping costs shall apply for delivery outside the Netherlands.

2. JouwTech is entitled to demand full or partial prepayment of the agreed price and shipping costs, on the understanding that JouwTech shall not oblige a Consumer to prepay more than half of the purchase price.

3. JouwTech shall not be obliged to execute the Agreement for as long as the Other Party is in default with the payment of any outstanding and already due payment obligation towards JouwTech.

4. Payments shall be made in the manner designated for this purpose by JouwTech, within the term stated by it or

stated by it or at the time indicated by it. In the event of transfer

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JouwTech a standard payment term of 14 days from invoice date, but may deviate from this in individual

cases.

5. JouwTech is entitled to make invoices due to the Other Party available to it exclusively by e-mail.

6. In the event of late payment the Other Party shall be in default by operation of law. From the day that this default commences, the Other Party shall owe the then current statutory (commercial) interest on the outstanding amount.

(commercial) interest on the outstanding amount.

7. All reasonable costs, both judicial, extrajudicial and execution costs, incurred to obtain the amounts owed by the Other Party, shall be for the Other Party's account.

 


ARTICLE 11. | LIABILITY
1. The Other Party shall bear any damage caused by inaccuracies or incompleteness in the data provided by the Other Party, any other shortcoming in the fulfilment of the Other Party's obligations under the law or the Agreement, as well as any other circumstance which cannot be attributed to JouwTech.

2. In addition to the provisions of Article 8.6, JouwTech shall in no case be liable for indirect damage, including losses suffered, loss of profit and damage as a result of business stagnation.

3. Should JouwTech be liable for any damage, JouwTech shall at all times be entitled to repair such damage. The Other Party shall give JouwTech 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, at least that part of the Agreement to which JouwTech's liability relates.

5. With regard to a consumer purchase the limitations set out in this article do not extend beyond what is permitted

pursuant to Section 7:24(2) of the Dutch Civil Code.

 


ARTICLE 12. | GENERAL COMPLAINTS POLICY
1. Complaints with regard to the performance of the Agreement shall, without prejudice to the provisions of Article 8, be submitted to JouwTech by e-mail ([email protected]) within a reasonable time after the Other Party has identified the grounds for the complaint.

2. Complaints submitted to JouwTech shall be

answered. If a complaint requires a longer processing time, a reply with confirmation of receipt and an indication of when the Other Party can expect a more detailed reply shall be provided within the fourteen-day period.

3. If a Consumer's complaint cannot be resolved by mutual agreement, the Consumer may submit the dispute to the Disputes Committee via the ODR platform (ec.europa.eu/consumers/odr/).

 


ARTICLE 13. | RETENTION OF TITLE
1. All delivered Products shall remain the property of JouwTech until the Other Party has fulfilled all its payment obligations under the Agreement.

2. The Other Party is prohibited from selling, pledging or otherwise encumbering the Products subject to retention of title.

3. The Other Party is obliged to store the Products delivered under retention of title with due care and as recognisable property of JouwTech.

4. In the event third parties seize the Products subject to retention of title by JouwTech or wish to establish or enforce rights to them, the Other Party is obliged to notify JouwTech thereof as soon as possible.

5. In the event of infringement of the provisions of this article, all amounts owed by the Other Party to JouwTech shall become immediately due and payable in full.

shall become immediately due and payable in full.

6. The Other Party gives unconditional permission to JouwTech or third parties designated by JouwTech to enter all those places where the Products subject to retention of title are located. The The other party must provide JouwTech with all information upon first request in order to exercise its ownership rights. All reasonable costs associated with the exercise of JouwTech's ownership rights will be borne by the Other Party.

7. If the Other Party has fulfilled its obligations after the Products have been delivered to it by JouwTech, the retention of title with regard to these Products revives when the Other Party fails to fulfill obligations under an Agreement concluded later.

 


ARTICLE 14. | FINAL PROVISIONS
1. JouwTech is entitled to transfer its rights and obligations under the Agreement to a third party.

2. Goods at JouwTech are sold for business purposes, which means that customers no longer fall under Consumer Law but are considered business customers. Page 5 of 2 2. Each Agreement and all legal relationships arising from it between the Parties are exclusive Dutch law applies.

3. Before appealing to the court, the Parties are obliged to make every effort to settle the dispute by mutual agreement.

4. Except to the extent that the law precludes this under the given circumstances of the case, only the competent court within the district of the place of business of JouwTech will be appointed to hear any legal disputes between the Parties.