Definitions
The terms indicated below with an initial capital letter have the following meaning in these General Terms and Conditions:
- General Terms and Conditions: these general terms and conditions of Jac-Y-Do;
- Jac-Y-Do: the partnership Jac-Y-Do VOF established in Meppel.
- Customer: the natural or legal person who purchases a product or service from Jac-Y-Do and is responsible for it, with whom Jac-Y-Do enters into an agreement relating to a Product or service, or to whom Jac-Y-Do Do an offer for this;
- Agreement: the agreement between Jac-Y-Do and the Customer;
Applicability of General Terms and Conditions
- These General Terms and Conditions apply to all offers, orders, legal relationships and agreements whereby Jac-Y-Do delivers products or services of any kind to the Customer, even if these products or services are not (further) specified in these General Terms and Conditions. are described.
- The applicability of other conditions of the Customer explicitly rejects Jac-Y-Do.
- Parties can only agree in writing to changes to the General Terms and Conditions. Jac-Y-Do is entitled to change the General Terms and Conditions and to declare amended general terms and conditions applicable to Agreements. The amended general terms and conditions can be consulted on the Jac-Y-Do website.
- The Customer`s general terms and conditions also apply to the Agreement. In the event of conflict, the General Terms and Conditions of Jac-Y-Do prevail. If not yet in the possession of the Customer, Jac-Y-Do will send the general conditions of Jac-Y-Do upon request.
Realization Agreement
- Unless otherwise agreed in writing, all offers, including advertisements and price lists as stated on the website of Jac-Y-Do are binding.
Prices and payment
- All prices of Jac-Y-Do as stated on the website are in euros excluding VAT, unless explicitly stated otherwise.
- Any payments from Customer to Jac-Y-Do must be made within one month.
- If the Client does not pay the amounts due on time, the Client will owe statutory interest on the outstanding amount without any reminder or notice of default being required. If, after a reminder or notice of default, the Client continues to pay the claim, Jac-Y-Do may hand over the claim, in which case the Client is also required to pay all judicial and extrajudicial costs, including costs calculated, in addition to the total amount owed. by external experts in addition to the costs determined by law.
Delivery times
- The delivery times specified by Jac-Y-Do will never be regarded as a strict deadline, unless explicitly agreed otherwise. In the event of late delivery, Jac-Y-Do must be given written notice of default.
- Exceeding any delivery period does not entitle the Client to compensation or the right to cancel the order or to dissolve the Agreement, unless the delivery period is exceeded such that the Client cannot reasonably be expected to uphold the Agreement. .
Intellectual and Industrial Property Rights
- The industrial and intellectual property rights attached to the Product of Jac-Y-Do belong to Jac-Y-Do or its licensor. The Client will refrain from conduct that could harm rights or other interests with regard to Jac-Y-Do or its licensor.
- The Client is not permitted to remove or change any indication concerning copyright, brands, trade names or other intellectual or industrial property rights of Jac-Y-Do, or to make any change in the form or any other characteristic of Jac-Y-Do Y-Do.
- The Agreement does not extend to the transfer of any intellectual property right from Jac-Y-Do to the Customer.
Liability
- With the exception of the other liability provisions in these General Terms and Conditions, the total liability of Jac-Y-Do due to attributable failure to perform, or due to an unlawful act, is limited to compensation for direct damage up to a maximum of the amount that is the relevant Agreement has been or may be charged to the Customer, unless the damage is the result of intent and / or gross negligence on the part of Jac-Y-Do or its subordinates.
- The liability of Jac-Y-Do due to imputable shortcoming in the fulfillment of an Agreement arises in all cases only if the Customer gives Jac-Y-Do a prompt and proper written notice of default, whereby a reasonable period is set for clearing the shortcoming, and Jac-Y-Do continues to fail to fulfill its obligations, even after that period. The notice of default must contain a description of the shortcoming that is as complete and detailed as possible, so that Jac-Y-Do is able to respond adequately.
- The Client indemnifies Jac-Y-Do against all third-party claims in connection with the Client`s failure or insufficient compliance with any obligation towards Jac-Y-Do, whether or not arising from the General Terms and Conditions.
- A condition for the existence of any right to compensation is always that the Customer reports the damage to Jac-Y-Do in writing as soon as possible after its occurrence.
Force majeure
- Force majeure means any shortcoming that cannot be attributed to Jac-Y-Do, because it is not due to its fault and is not for its account under the law, legal act or generally accepted opinion.
- Without prejudice to the other rights it is entitled to, Jac-Y-Do has the right, in its own choice, to suspend the execution of the Client`s order or to dissolve the Agreement without judicial intervention, such by to communicate this to the Customer in writing and without Jac-Y-Do being obliged to pay any compensation, unless this would be unacceptable in the given circumstances by the standards of reasonableness and fairness.
Applicable law and competent court
- Dutch law applies to all agreements with Jac-Y-Do.
- All disputes arising as a result of the Agreement or the applicable General Terms and Conditions will be submitted to a competent court.
Miscellaneous
- Where in these General Terms and Conditions Jac-Y-Do undertakes to make a written announcement, Jac-Y-Do is entitled to make this announcement electronically, such as but not limited to an e-mail message or via the website.
- Obvious mistakes and typographical errors on the Jac-Y-Do website or in quotations, order confirmations, offers and / or other documents do not bind Jac-Y-Do.
- In the event of a difference of opinion between Jac-Y-Do and the Client about the translation and / or interpretation of the General Terms and Conditions, the Dutch version thereof is decisive.
- If one or more of the provisions of these General Terms and Conditions or any other agreement with Jac-Y-Do should conflict with any applicable legal provision, the relevant provision will lapse and it will be replaced by a Jac-Y- The new legally permissible comparable provision to be adopted.
The terms indicated below with an initial capital letter have the following meaning in these General Terms and Conditions:
- General Terms and Conditions: these general terms and conditions of Jac-Y-Do;
- Jac-Y-Do: the partnership Jac-Y-Do VOF established in Meppel.
- Customer: the natural or legal person who purchases a product or service from Jac-Y-Do and is responsible for it, with whom Jac-Y-Do enters into an agreement relating to a Product or service, or to whom Jac-Y-Do Do an offer for this;
- Agreement: the agreement between Jac-Y-Do and the Customer;
Applicability of General Terms and Conditions
- These General Terms and Conditions apply to all offers, orders, legal relationships and agreements whereby Jac-Y-Do delivers products or services of any kind to the Customer, even if these products or services are not (further) specified in these General Terms and Conditions. are described.
- The applicability of other conditions of the Customer explicitly rejects Jac-Y-Do.
- Parties can only agree in writing to changes to the General Terms and Conditions. Jac-Y-Do is entitled to change the General Terms and Conditions and to declare amended general terms and conditions applicable to Agreements. The amended general terms and conditions can be consulted on the Jac-Y-Do website.
- The Customer`s general terms and conditions also apply to the Agreement. In the event of conflict, the General Terms and Conditions of Jac-Y-Do prevail. If not yet in the possession of the Customer, Jac-Y-Do will send the general conditions of Jac-Y-Do upon request.
Realization Agreement
- Unless otherwise agreed in writing, all offers, including advertisements and price lists as stated on the website of Jac-Y-Do are binding.
Prices and payment
- All prices of Jac-Y-Do as stated on the website are in euros excluding VAT, unless explicitly stated otherwise.
- Any payments from Customer to Jac-Y-Do must be made within one month.
- If the Client does not pay the amounts due on time, the Client will owe statutory interest on the outstanding amount without any reminder or notice of default being required. If, after a reminder or notice of default, the Client continues to pay the claim, Jac-Y-Do may hand over the claim, in which case the Client is also required to pay all judicial and extrajudicial costs, including costs calculated, in addition to the total amount owed. by external experts in addition to the costs determined by law.
Delivery times
- The delivery times specified by Jac-Y-Do will never be regarded as a strict deadline, unless explicitly agreed otherwise. In the event of late delivery, Jac-Y-Do must be given written notice of default.
- Exceeding any delivery period does not entitle the Client to compensation or the right to cancel the order or to dissolve the Agreement, unless the delivery period is exceeded such that the Client cannot reasonably be expected to uphold the Agreement. .
Intellectual and Industrial Property Rights
- The industrial and intellectual property rights attached to the Product of Jac-Y-Do belong to Jac-Y-Do or its licensor. The Client will refrain from conduct that could harm rights or other interests with regard to Jac-Y-Do or its licensor.
- The Client is not permitted to remove or change any indication concerning copyright, brands, trade names or other intellectual or industrial property rights of Jac-Y-Do, or to make any change in the form or any other characteristic of Jac-Y-Do Y-Do.
- The Agreement does not extend to the transfer of any intellectual property right from Jac-Y-Do to the Customer.
Liability
- With the exception of the other liability provisions in these General Terms and Conditions, the total liability of Jac-Y-Do due to attributable failure to perform, or due to an unlawful act, is limited to compensation for direct damage up to a maximum of the amount that is the relevant Agreement has been or may be charged to the Customer, unless the damage is the result of intent and / or gross negligence on the part of Jac-Y-Do or its subordinates.
- The liability of Jac-Y-Do due to imputable shortcoming in the fulfillment of an Agreement arises in all cases only if the Customer gives Jac-Y-Do a prompt and proper written notice of default, whereby a reasonable period is set for clearing the shortcoming, and Jac-Y-Do continues to fail to fulfill its obligations, even after that period. The notice of default must contain a description of the shortcoming that is as complete and detailed as possible, so that Jac-Y-Do is able to respond adequately.
- The Client indemnifies Jac-Y-Do against all third-party claims in connection with the Client`s failure or insufficient compliance with any obligation towards Jac-Y-Do, whether or not arising from the General Terms and Conditions.
- A condition for the existence of any right to compensation is always that the Customer reports the damage to Jac-Y-Do in writing as soon as possible after its occurrence.
Force majeure
- Force majeure means any shortcoming that cannot be attributed to Jac-Y-Do, because it is not due to its fault and is not for its account under the law, legal act or generally accepted opinion.
- Without prejudice to the other rights it is entitled to, Jac-Y-Do has the right, in its own choice, to suspend the execution of the Client`s order or to dissolve the Agreement without judicial intervention, such by to communicate this to the Customer in writing and without Jac-Y-Do being obliged to pay any compensation, unless this would be unacceptable in the given circumstances by the standards of reasonableness and fairness.
Applicable law and competent court
- Dutch law applies to all agreements with Jac-Y-Do.
- All disputes arising as a result of the Agreement or the applicable General Terms and Conditions will be submitted to a competent court.
Miscellaneous
- Where in these General Terms and Conditions Jac-Y-Do undertakes to make a written announcement, Jac-Y-Do is entitled to make this announcement electronically, such as but not limited to an e-mail message or via the website.
- Obvious mistakes and typographical errors on the Jac-Y-Do website or in quotations, order confirmations, offers and / or other documents do not bind Jac-Y-Do.
- In the event of a difference of opinion between Jac-Y-Do and the Client about the translation and / or interpretation of the General Terms and Conditions, the Dutch version thereof is decisive.
- If one or more of the provisions of these General Terms and Conditions or any other agreement with Jac-Y-Do should conflict with any applicable legal provision, the relevant provision will lapse and it will be replaced by a Jac-Y- The new legally permissible comparable provision to be adopted.
