General terms and conditions for business
General (neutral) Terms and Conditions b2b concept MB
Table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - The price
Article 7 - Compliance with agreement and additional warranty
Article 8 - Delivery and execution
Article 9 - Duration transactions: duration, termination and extension
Article 10 - Payment
Article 11 - Liability
Article 12 - Retention of title
Article 13 - Complaints
Article 14 - Disputes
Article 1 - Definitions
In these conditions the following terms shall have the following meanings:
1. Day: calendar day;
2. Digital content: data that is produced and supplied in digital form;
3. Contract for an indefinite period of time: a contract that provides for the regular delivery of goods, services and/or digital content for a specific period of time;
4. Durable data carrier: every tool - including e-mail - that enables the client or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
5. Customer: the natural or legal person who acts in the exercise of his profession or business;
6. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to customers from a distance
7. Distance contract: an agreement that is concluded between the entrepreneur and the customer within the framework of an organized system for distance selling of products, digital content and/or services, whereby until the conclusion of the agreement exclusive or partial use is made of one or more techniques for distance communication
8. Written: In these general terms and conditions, "written" also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail is sufficiently established.
8. Technique for distance communication: means that can be used for concluding an agreement, without the customer and entrepreneur having to come together in the same room at the same time.
9. Website: The webshop of the entrepreneur on which products and services are offered that can be purchased by customers.
Article 2 - Identity of the entrepreneur
Jaggs Alarm B.V.
Transistorstraat 71-C 1322CK
Phone number: 036 5255358 | Mon - Fri from 09:00 to 17:00
E-mail address: info@jaggsalarm.nl
Chamber of Commerce number: 78266556
Btw-identificatienummer: NL861324262B01
If the Entrepreneur's activity is subject to a relevant licensing regime: the
details of the supervising authority.
If the Entrepreneur practises a regulated profession
- the professional association or organization with which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it is awarded;
- a reference to the professional rules that apply in the Netherlands and indications as to where and how these professional rules can be accessed.
Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that is concluded between the entrepreneur and the customer.
2. Should the customer, in his order, confirmation or communication containing acceptance, include terms or conditions that differ from, or do not appear in, these general terms and conditions, these are only binding for the entrepreneur if and insofar as they have been expressly accepted in writing by the entrepreneur.
3. Before the remote agreement is concluded, the text of these terms and conditions will be made available to the customer. If this is not reasonably possible, before concluding the distance contract, the Entrepreneur shall indicate in which way the General Terms and Conditions can be inspected at the Entrepreneur's premises and that, at the Customer's request, they will be sent to the Customer free of charge as soon as possible.
4. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the client electronically in such a way that it can easily be stored by the client on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance selling agreement, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the customer free of charge, at his request, either electronically or in some other way.
5. In the event that specific product or service conditions apply in addition to these general terms and conditions, the third and fourth paragraphs apply by analogy and, in the event of conflicting conditions, the customer can always invoke the applicable provision which is the most favourable to him.
6. If any provision in these general terms and conditions proves to be invalid, this shall not affect the validity of the general terms and conditions as a whole. The parties shall in that case lay down (a) new provision(s) by way of replacement, which shall give shape to the intention of the original provision to the greatest extent possible under the law.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the customer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true reflection of the products, services and / or digital content offered.
3. The content of the website and the offer has been put together with the greatest care. However, the Entrepreneur cannot guarantee that all information on the website is correct and complete at all times. All prices, the offer and other information on the website and in other materials originating from the entrepreneur are therefore subject to programming and typing errors.
Article 5 - The Agreement
1. The agreement is established at the time of acceptance by the customer of the offer and the fulfillment of the conditions.
2. If the customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer may dissolve the agreement.
3. If an offer is accepted by the customer, the entrepreneur has the right to withdraw the offer within 3 days after receipt of the acceptance.
4. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the client is able to pay electronically, the entrepreneur will take appropriate security measures.
5. If it becomes apparent that incorrect information was supplied by the client when accepting or otherwise entering into the contract, the entrepreneur has the right to only fulfil his obligation after the correct information has been received.
6. Within the boundaries of the law, the entrepreneur can inform himself of the ability of the customer to meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to its implementation.
Article 6 - The price
1. All prices stated on the website and in other materials originating from the entrepreneur are exclusive of VAT (unless otherwise indicated) and unless otherwise stated on the website, other government levies.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
3. The Entrepreneur has the right to adjust prices at all times.
4. Any additional costs, such as delivery and payment costs, will be listed on the website and shown in the ordering process.
Article 7 - Compliance with agreement and additional warranty
1. Entrepreneur guarantees that the products meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
2. If the product delivered does not comply with the contract (or is delivered faulty), the client must inform the entrepreneur of this within 3 days of delivery at the latest. If the client fails to do so, he can no longer claim any form of repair, replacement, compensation and/or refund.
3. If the Entrepreneur considers a complaint justified, the relevant products will be repaired, replaced or (partially) reimbursed, after consultation with the Customer. The Entrepreneur may refer the Customer to a manufacturer or supplier.
4. If customer returns based on the provisions in this article, customer can return the products. In case a refund of already paid amounts is decided upon, entrepreneur will refund these amounts within 30 days after receipt of the products.
5. It is possible that manufacturers and/or suppliers offer their own guarantees. These guarantees are not offered by the Company. If the Company chooses to do so, it can, however, mediate in the invocation of these guarantees by the Customer.
Article 8 - Delivery and implementation
1. Once the order has been received by the merchant, the merchant will send the products as soon as possible, taking into account what is stated in section 3 of this article.
2. The Company has the right to engage third parties for the performance of its obligations under the Contract.
3. The delivery period is in principle 30 days, unless the website or at the conclusion of the agreement clearly indicates otherwise. The method of delivery can take place in various ways and is at the discretion of the entrepreneur.
4. Said delivery times are indications only and exceeding them does not constitute grounds for dissolution of the Contract. If the Company is unable to deliver the Products within the agreed timeframe, it shall inform the Client thereof. The Client shall never be entitled to compensation for damages in any form whatsoever related to late delivery and/or failure to deliver/dissolution in accordance with this article.
5. As soon as the products to be delivered have been delivered to the specified delivery address, the risk, where it concerns these products, passes to the customer. If expressly agreed otherwise, the risk will pass to the customer at an earlier stage. If the customer decides to collect the products, the risk is transferred when the products are handed over.
6. If the customer was not present at the delivery address to receive the products, the entrepreneur has the right to deliver the products to a nearby address, or to offer the products to the customer again at a different time and/or on a different day at additional costs. If delivery proves impossible, the payment obligation does not lapse and any additional costs will be charged to the customer.
7. Entrepreneur is entitled, if the ordered product is no longer available, to deliver a similar product of similar quality as the ordered product. Customer is then entitled to terminate the agreement free of charge and return the product. Any refund will be made within 30 days of receipt of the returned items.
Article 9 - Long-term transactions: duration, termination and extension
Termination:
1. The customer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice of at least two months.
2. The customer may contract for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the applicable termination rules and a notice of at least two months.
3. The customer may terminate the agreements referred to in the previous paragraphs in writing.
Renewal:
4. An agreement that has been entered into for a definite period of time and that extends to the regular supply of products (including electricity) or services, is tacitly extended by the same duration as agreed.
Article 10 - Payment
1. The Client shall make payments to the Entrepreneur according to the payment methods indicated in the ordering process and on the website, if applicable. The Company is free to choose which payment methods it offers and these may also change from time to time. In case of payment after delivery, the client has a payment term of 14 days, starting on the day after delivery.
2. If the customer does not meet his payment obligation(s) in time, he will be immediately in default by operation of law, without any notice of default being required. The Company has the right to increase the amount due by adding the statutory interest rate and the Company has the right to charge and recover from the Client any extrajudicial collection costs and any legal costs incurred.
Article 11- Retention of title
1. As long as the client has not made full payment of the agreed amount, all goods delivered remain the property of the entrepreneur.
Article 12- Liability
1. The total liability of the Company towards the Customer due to an attributable failure in the performance of the Contract is limited to a maximum compensation of the amount of the price stipulated in the Contract (including VAT). In the event of a continuing performance contract, the aforementioned liability shall be limited to a reimbursement of the amount that the Customer owed the Company in the three months preceding the harmful event.
2. The Company's liability to the Client for indirect damages, including but not limited to consequential damages, lost profits, lost savings, loss of data and damage due to business interruption is excluded.
3. Except for the cases mentioned in the previous two paragraphs of this article, the Entrepreneur is not liable to the Client for damages, regardless of the grounds on which an action for damages is based. The limitations referred to in this article shall, however, cease to apply if and insofar as any damage is the result of malicious intent or gross negligence on the part of the Company.
4. The Company's liability to the Customer on account of an attributable breach of contract shall only arise if the Customer immediately and properly notifies the Company in writing of the breach, setting a reasonable time period to remedy the breach, and the Company continues to fail to comply with its obligations after this period. The notice of default must contain as detailed as possible a description of the breach, so that the Company is in a position to respond adequately.
5. A condition for the existence of any right to compensation is always that the Client reports the damage in writing to the Company as soon as possible, but within 14 days at the latest, after the damage has occurred.
6. In case of force majeure, the entrepreneur is not obliged to compensate any damage caused to the customer.
Article 13 - Complaints
1. The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time after the customer has found the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the customer can expect a more detailed answer.
4. The customer should give the entrepreneur at least 4 weeks time to resolve the complaint in mutual agreement. After this period a dispute arises that is subject to the dispute resolution procedure.
Article 14 - Disputes
1. On agreements between the entrepreneur and the customer to which these general conditions relate, only Dutch law applies.
2. Should disputes arise as a result of the Agreement which cannot be settled amicably, then these will be submitted to the competent court in the district where the Entrepreneur has its registered office.