TERMS AND CONDITIONS JK Smit Diamond Tools
- JK Smit Diamond Tools: JK Smit Diamond Tools, established in Amsterdam under Chamber of Commerce no. 72004851.
- Customer: the person with whom JK Smit Diamond Tools has entered into an agreement.
- Parties: JK Smit Diamond Tools and customer together.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
- These conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of JK Smit Diamond Tools.
- Parties can only deviate from these conditions if they have expressly agreed in writing.
- Parties explicitly exclude the applicability of additional and / or deviating general terms and conditions from the customer or from third parties.
- JK Smit Diamond Tools can change all prices for its products or services, on its website or any other format.
- Increases in the cost prices of products or parts thereof, which JK Smit Diamond Tools could not foresee at the time of making the offer or the conclusion of the agreement, may lead to price increases..
- The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation..
If the customer has received a sample of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample.
Consequences of not paying on time
- If the customer does not pay within the agreed term, JK Smit Diamond Tools is entitled to charge an interest of 1% per month from the day that the customer is in default, whereby part of a month is for a whole month. reckoned.
- If the customer is in default, he will also owe extrajudicial collection costs and any compensation to JK Smit Diamond Tools..
- The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- If the customer does not pay on time, JK Smit Diamond Tools may suspend its obligations until the customer has fulfilled his payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of JK Smit Diamond Tools on the customer are immediately due and payable.
- If the customer refuses to cooperate with the execution of the agreement by JK Smit Diamond Tools, he is still obliged to pay the agreed price to JK Smit Diamond Tools.
Right to claim
- As soon as the customer is in default, JK Smit Diamond Tools is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
- JK Smit Diamond Tools invokes the right of complaint by means of a written or electronic communication.
- As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to JK Smit Diamond Tools, unless the parties make other agreements about this.
- The costs for returning or returning the products will be borne by the customer.
Right of withdrawal
- A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:
- the product has not been used
- it is not a product that has been custom-made or adapted especially for the consumer
- it does not concern an (order for) emergency repair
- the consumer has not waived his right of withdrawal
The reflection period of 14 days as referred to in paragraph 1 commences:
- on the day after the consumer has received the last product or part of 1 order
- as soon as the consumer has purchased a service for the first time
- as soon as the consumer has confirmed that he will purchase digital content via the internet
- The consumer can make his appeal to the right of withdrawal known via email@example.com, if desired using the withdrawal form that can be downloaded from the JK Smit Diamond Tools website, www.jksmit.tools.
- The consumer is obliged to return the product to JK Smit Diamond Tools within 14 days after the notification of his right of withdrawal, failing which his right of withdrawal will lapse.
- The costs for returns are only for the account of JK Smit Diamond Tools if the entire order is returned..
- If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement by law, JK Smit Diamond Tools will reimburse these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, on condition that the consumer has returned the product to JK Smit Diamond Tools on time.
Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation under this agreement.
Right of retention
- JK Smit Diamond Tools can invoke his right of retention and in that case hold the customer's products until the customer has paid all outstanding invoices with regard to JK Smit Diamond Tools, unless the customer has sufficient security for those costs. has stated..
- The right of retention also applies on the basis of previous agreements from which the customer still owes payments to JK Smit Diamond Tools.
- JK Smit Diamond Tools is never liable for any damage that the customer may suffer as a result of the use of his right of retention.
Unless the customer is a consumer, the customer waives his right to set off a debt to JK Smit Diamond Tools against a claim against JK Smit Diamond Tools..
Retention of title
- JK Smit Diamond Tools remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations towards JK Smit Diamond Tools under any agreement concluded with JK Smit Diamond Tools, including claims regarding the failure to perform.
- Until then, JK Smit Diamond Tools can invoke his retention of title and take back the goods.
- Before ownership is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- If JK Smit Diamond Tools invokes his retention of title, the agreement will be dissolved and JK Smit Diamond Tools has the right to claim compensation, loss of profit and interest.
- Delivery takes place while supplies last.
- Delivery takes place through JK Smit Diamond Tools, unless parties have agreed otherwise.
- Delivery of products ordered online takes place at the address indicated by the customer..
- If the agreed amounts are not or not paid on time, JK Smit Diamond Tools has the right to suspend its obligations until the agreed part has been paid.
- Late payment is due to a default on creditors, with the consequence that the customer cannot object to a late delivery to JK Smit Diamond Tools.
- The delivery times specified by JK Smit Diamond Tools are indicative and do not entitle the customer to termination or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
- The delivery time commences when the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from JK Smit Diamond Tools.
- Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless JK Smit Diamond Tools cannot deliver within 14 days after being notified in writing or parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Transport costs are for the account of the customer, unless parties have agreed otherwise.
Packaging and shipping
- If the packaging of a delivered product is opened or damaged, the customer must, before receiving the product, have a note made by the forwarder or delivery person, failing which JK Smit Diamond Tools cannot be held liable. be held for any damage.
- If the customer takes care of the transport of a product himself, he must report any visible damage to products or packaging prior to transport to JK Smit Diamond Tools, failing which JK Smit Diamond Tools cannot be held liable for any damage.
- If the customer orders ordered products only later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
- Any additional costs as a result of premature or late purchase of products are entirely for the account of the customer.
- The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in case of normal wear and tear and damage caused by accidents, changes to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, passes to the customer at the moment when they are legally and / or actually delivered, or at least come under the control of the customer or from a third party who receives the product on behalf of the customer.
- Exchange is only possible if the following conditions are met:
- exchanges take place within 30 days of purchase upon presentation of the original invoice
- the product is returned in the original packaging
- the product has not yet been used
- Discounted items, tailor-made items or items specially adapted for the customer and cannot be exchanged..
The customer indemnifies JK Smit Diamond Tools against all third-party claims related to the products and / or services supplied by JK Smit Diamond Tools.
- The customer must examine a product or service provided by JK Smit Diamond Tools as soon as possible for any shortcomings.
- If a delivered product or service does not meet to what the customer could reasonably expect from the agreement, the customer must inform JK Smit Diamond Tools of this as soon as possible, but in any case within 1 month after the shortcomings were discovered.
- The customer gives as detailed a description of the shortcoming as possible, so that JK Smit Diamond Tools is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint concerns ongoing work, this can in any case not lead to JK Smit Diamond Tools being able to perform other work than agreed.
Notice of default
- The customer must notify JK Smit Diamond Tools in writing of notice of default.
- It is the responsibility of the customer that a notice of default actually reaches JK Smit Diamond Tools (on time).
Joint and several liability of the customer
If JK Smit Diamond Tools enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to JK Smit Diamond Tools under that agreement.
Liability JK Smit Diamond Tools
- JK Smit Diamond Tools is only liable for any damage that the customer suffers if and insofar as this damage is caused by intent or deliberate recklessness.
- If JK Smit Diamond Tools is liable for any damage, it is only liable for direct damage resulting from or related to the execution of an agreement.
- JK Smit Diamond Tools is never liable for indirect damage, such as consequential damage, loss of profit, missed savings or damage to third parties.
- If JK Smit Diamond Tools is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance and in the absence of (full) payment by the insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
- All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and / or (partial) termination of the agreement and / or suspension of any commitment.
Any right of the customer to compensation from JK Smit Diamond Tools expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right to dissolution
- The customer has the right to dissolve the agreement if JK Smit Diamond Tools culpably fails to fulfill its obligations, unless this shortcoming does not justify termination, due to its special nature or minor significance.
- If the fulfillment of the obligations by JK Smit Diamond Tools is not permanently or temporarily impossible, dissolution can only take place after JK Smit Diamond Tools is in default.
- JK Smit Diamond Tools has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if JK Smit Diamond Tools has taken note of circumstances that give him good reason to fear that the customer will not be able to properly fulfill his obligations.
- In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of JK Smit Diamond Tools in the fulfillment of any obligation to the customer cannot be attributed to JK Smit Diamond Tools in one of JK's wishes. Smit Diamond Tools independent situation, as a result of which the fulfillment of its obligations towards the customer is wholly or partly prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from JK Smit Diamond Tools.
- The force majeure situation referred to in paragraph 1 also includes, but is not limited to: a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); breaches and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a force majeure situation arises that prevents JK Smit Diamond Tools from fulfilling 1 or more obligations to the customer, those obligations will be suspended until JK Smit Diamond Tools can meet them again.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing.
- JK Smit Diamond Tools does not owe any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement for the execution thereof, it proves necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and by mutual agreement.
Change of general terms and conditions
- JK Smit Diamond Tools is entitled to change or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- JK Smit Diamond Tools will discuss major substantive changes with the customer in advance.
- Consumers are entitled to cancel the agreement in the event of a material change to the general terms and conditions.
Transfer of rights
- The customer's rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of JK Smit Diamond Tools.
- This provision applies as a clause with property law effect as referred to in Section 3:83 (2) of the Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these general terms and conditions are found to be void or voidable, this will not affect the other provisions of these terms and conditions.
- In that case, a provision that is void or voidable is replaced by a provision that comes closest to what JK Smit Diamond Tools had in mind when drawing up the conditions on that point.
Applicable law and competent court
- Only Dutch law applies to every agreement between the parties.
- The Dutch court in the district where JK Smit Diamond Tools is located has exclusive jurisdiction to hear any disputes between parties, unless the law prescribes otherwise.
Prepared on March 2nd, 2020.