In these Terms and Conditions the following definitions are used:
-"Web shop": JD Banden & Velgen / JD Motorparts, registered at the Chamber of Commerce in Enschede under number 59779233. -"Customer": the potential customer of goods and/or services of JD Banden & Velgen.
Article 1. General
1. These Terms and Conditions are applicable to all quotations and agreements, as well as all the products and services supplied by JD Banden & Velgen, unless expressly stated otherwise in writing.
2. The applicability of any specific terms or conditions used by the Customer is expressly rejected by JD Banden & Velgen.
3. All pricing is stated in Euros (€), is inclusive of Value Added Tax (VAT) and other duties that may be imposed by the authorities.
4. JD Banden & Velgen is not liable, either under the Law or under the Agreement, for so-called consequential damages that may be incurred by the Customer or a third party in respect of (the use of) the Products. This also includes loss of profit, trading loss, loss of data and immaterial losses.
5. Deviations from and additions to any clause in an Agreement and/or the Terms and Conditions are only valid if they have been set down in writing by JD Banden & Velgen and only relate to the Agreement in question.
6. Unless indicated otherwise, all of our deliveries exclude hub caps/hub shields. We can supply suitable hub caps at an additional charge.
Article 2. Quotations
1. JD Banden & Velgen is only bound by a quotation if the unchanged acceptance of such is confirmed in writing by the Customer within 8 days, unless stated otherwise in the quotation/agreement.
Article 3. Agreement
1. The Customer is tied to the Agreement in all cases, also in the event that this has been concluded verbally or via email.
2. JD Banden & Velgen reserves the right not to accept orders or commissions without stating a reason, or only under deviating conditions. If the order can only be carried out under deviating conditions the Customer is entitled to annul the commission without charge.
3. If and in so far as the proper execution of the agreement requires or permits this, JD Banden & Velgen is entitled to outsource specific activities to third parties..
Article 4. Delivery times
1. All of the (delivery) terms stated by JD Banden & Velgen are approximate and are determined on the basis of the information and circumstances known to JD Banden & Velgen at the time the agreement was entered into. Specified delivery times shall never be considered as firm terms. If a change occurs in the data and/or circumstances, regardless of whether this was foreseeable or not, that causes a delay, the delivery time will be postponed accordingly. In the event of late delivery JD Banden & Velgen must be given written notice of default, whereby it must be offered a reasonable period for the delivery.
2. Exceeding the delivery terms stated by JD Banden & Velgen, for whatever reason, will never entitle the Customer to compensation for damages or non-fulfilment of any obligation incumbent upon him under the agreement in question or any agreement related to it.
In the event that JD Banden & Velgen annuls the order in whole or in part, it shall be entitled to repossess the unpaid part of the goods delivered. Annulment and/or repossession does not affect JD Banden & Velgen's right to seek compensation for damages. If the goods are taken by JD Banden & Velgen, they will be stored at their disposal and at their expense and risk.
4. If the maximum delivery time of 30 working days is exceeded, you have the right to dissolve the agreement free of charge. To this purpose you need to send an e-mail, fax or letter to JD Banden & Velgen. In that case, any payments will be returned to you within 30 working days after notification.
Article 5. Amendment of the Agreement
1. If in the course of the execution of the agreement it appears that for a proper execution it is necessary to modify or supplement the work required, the parties shall, in good time and in mutual consultation, amend the agreement accordingly.
2. If the parties agree for the agreement to be amended or supplemented, this may affect the time of completion of the execution. JD Banden & Velgen will inform the Customer as soon as possible.
3. If the amendment or addition to the agreement has financial and/or qualitative consequences, JD Banden & Velgen will inform the Customer in advance. If a fixed fee has been agreed upon, JD Banden & Velgen will indicate the extent to which the amendment of or supplement to the agreement causes these fees to be exceeded.
4. Contrary to paragraph 3, JD Banden & Velgen shall not be entitled to charge additional fees if the amendment or addition results from circumstances attributable to JD Banden & Velgen.
Article 6. Termination/Dissolution
1. In the event of early termination JD Banden & Velgen, in addition to reimbursement of the costs incurred, is entitled to a reasonably determined proportion of the total reimbursement, taking into account the work already carried out and the benefits drawn from this by the Customer.
2. The claims of JD Banden & Velgen in respect of the Customer are due and payable immediately in the following cases: - if after the conclusion of the agreement JD Banden & Velgen becomes aware of certain circumstances that give JD Banden & Velgen good grounds to fear that the Customer will not fulfil his obligations; - if JD Banden & Velgen has, at the conclusion of the agreement, asked the Customer to provide security for the fulfilment of the agreement and this security fails to be provided or is insufficient.
3. In the cases mentioned above JD Banden & Velgen is entitled to terminate the further execution of the agreement, this without prejudice to the right of JD Banden & Velgen to claim compensation.
Article 7. Cooling-off period
1. After the consumer has received the product he/she has ordered online, the consumer is entitled to dissolve the underlying agreement with JD Banden & Velgen within fourteen (14) working days from receipt of the product. The customer does not have to state a reason.
2. If the customer wishes to dissolve the agreement on the grounds of Article 7.1 of these terms and conditions, the customer must advise JD Banden & Velgen in writing (via email or letter). The customer must send the product – after consultation with JD Banden & Velgen – to a return address determined by JD Banden & Velgen. This must be done in the original, undamaged packaging. Packaging that has been opened is not accepted for returns; opening the packaging implies that you wish to retain the product(s). The customer must bear the costs and the risk of shipment.
3. If the customer has already made several payments at the moment that the customer dissolves the agreement with JD Banden & Velgen on the grounds of Article 7.1. and 7.2 of these Terms and Conditions of Purchase, JD Banden & Velgen shall refund these payments to the customer within fourteen (14) working days from receipt of the returned product from the client by JD Banden & Velgen.
4. JD Banden & Velgen reserves the right to refuse returned products or to credit only part of the amount already paid when there is a suspicion that the product has already been opened, used or has been damaged through the fault of the customer (other than that of JD Banden & Velgen or the supplier of the product).
5. If a product is returned that, in the opinion of JD Banden & Velgen, has been damaged due to an act or negligence of the customer or that can otherwise be ascribed to customer risk, JD Banden & Velgen will inform the customer in writing (via letter or email). JD Banden & Velgen is entitled to withhold the depreciation of the product resulting from these damages from the amount to be refunded to the customer.
Article 8. Execution
1. JD Banden & Velgen shall execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. If no fixed price is agreed, the compensation shall be determined on the grounds of hours actually spent. The compensation shall be calculated on the basis of the usual hourly rates of JD Banden & Velgen, valid for the period in which the work is carried out, unless a different hourly rate is agreed between the parties.
Article 9. Compensation
1. For offers and agreements in which a fixed fee is offered or agreed, paragraph 2 of this Article will apply. If no fixed fee is agreed, paragraphs 3, 4 and 5 of this Article shall apply.
2. When concluding the agreement the parties may agree on a fixed fee. This fixed fee is inclusive of VAT, travelling hours, travel and accommodation costs.
3. Any cost estimates are inclusive of VAT, travelling hours, travel and accommodation costs. For assignments with a duration exceeding one month the costs payable will be charged on a monthly basis.
Article 10. Payment
1. Unless expressly agreed otherwise the delivery will be made exclusively in advance.
2. If the Customer has not settled an invoice from JD Banden & Velgen within 14 days after terms of payment, the Customer is held in default. In that case all claims of JD Banden & Velgen on the Customer, for whichever reason, will fall due immediately. .
Article 11. Warranty
1. The warranty is determined on the basis of applicable law, whereby in the event of defects we will first of all exchange the products if desired. If the product offered in exchange also shows defects, you can return the products against a refund of the entire purchasing amount (exclusive of shipping costs). See also Article 7.
Article 12. Retention of property
1. All of the goods supplied to the Customer will remain the property of JD Banden & Velgen until such time as all of the amounts due have been fully paid, with the inclusion of all the costs payable by the Customer for the goods delivered or yet to be delivered or services rendered or yet to be rendered, as well as for claims due in respect of failure to comply with the agreement in question.
2. The Customer is obliged to ensure careful handling of the goods and is not granted the rights to use the goods delivered in guarantee and/or pledge them and/or to establish a silent pledge on them as long as the Customer has not fully complied with his obligations towards JD Banden & Velgen other than by written agreement from JD Banden & Velgen.
3. In the event that JD Banden & Velgen dissolves the order in whole or in part it is entitled to take back the part of the delivered goods that remains unpaid. Dissolution and/or repossession does not affect the right of JD Banden & Velgen to claim compensation for damages. If the goods are taken by JD Banden & Velgen then the goods will be stored at their disposal and at their expense and risk.
Article 13. Force Majeure
1. If through Force Majeure JD Banden & Velgen is unable to fulfil its obligations in respect of the Customer, the fulfilment of these obligations will be postponed for the duration of the situation of Force Majeure.
2. In the event of Force Majeure the Customer shall not be entitled to any compensation (for damages), not even if JD Banden & Velgen benefits in any way from the situation of Force Majeure.
3. JD Banden & Velgen will inform the Customer as soon as possible of an (impending) Force Majeure.
Article 14. Defects; Complaint Period
1. Complaints about the work carried out must be communicated to JD Banden & Velgen in writing within eight days of discovery, but at the latest within thirty days after completion of the work in question.
2. If a complaint has valid grounds then JD Banden & Velgen will still carry out the works as agreed, unless agreed otherwise.
Article 15. Applicable law
1. Every agreement between JD Banden & Velgen and the Customer is subject to Dutch law.