General terms and conditions
Article 1. Definitions
In these general terms and conditions the following terms shall have the following meanings:
- JJ-Commerce : the company as defined in article 2 of these general terms and conditions;
- Counterparty : the customer with whom JJ-Commerce has concluded an Agreement and/or the person who is negotiating with JJ-Commerce about this;
- Consumer : a natural person who is not acting in the exercise of a profession or business;
- Agreement : any agreement/order between JJ-Commerce and the Counterparty for the delivery of goods by JJ-Commerce to the Counterparty;
- Party(ies) : Counterparty and JJ-Commerce together or each as an individual contracting party;
- Written : notification by e-mail, by post or by WhatsApp;
- Third Party(ies) : other natural or legal persons not part of this Agreement;
- Product(s)
Article 2. Identity of JJ-Commerce
Company name: JJ-Commerce BV
Street name and number: Stationsplein 26
Postal code and location: 6512AB Nijmegen
Chamber of Commerce number: 89545435
Article 3. General provisions
- These general terms and conditions apply to every offer and all (legal) acts of JJ-Commerce and to every Agreement concluded between JJ-Commerce and the Counterparty.
- If the Agreement is concluded electronically, then, notwithstanding the previous paragraph and before the Agreement is concluded, the text of these general terms and conditions may be made available to the Other Party electronically in such a way that the Other Party can easily store them on a durable data carrier. If this is not reasonably possible, then before the Agreement is concluded, it will be indicated where the general terms and conditions can be consulted electronically, or that they can be sent to the Other Party free of charge electronically or otherwise at the request of the Other Party.
- Unless expressly agreed otherwise in writing, the applicability of other (general) terms and conditions is excluded.
- Deviations from or additions to these general terms and conditions are only valid if they have been expressly agreed in writing.
- If JJ-Commerce does not always require strict compliance with these general terms and conditions, this does not mean that the provisions thereof do not apply or that JJ-Commerce in any way loses the right to require strict compliance with the provisions of these general terms and conditions in other cases.
- If and to the extent that, on the grounds of reasonableness and fairness - or the unreasonably onerous nature of a provision - any provision of these general terms and conditions cannot be invoked, then the provision in question will in any case be given a meaning that is as similar as possible in terms of content and scope, so that it can be invoked.
- JJ-Commerce is entitled to engage Third Parties for the execution of the Agreement.
- Information and communications on the JJ-Commerce website are subject to (typing) errors.
- The operation of Article 7:404 and/or 7:407 paragraph 2 of the Dutch Civil Code (hereinafter referred to as 'DCC') is/are excluded.
Article 4. The offer
- If an offer has a limited period of validity or is made under (certain) conditions, this will be expressly stated in the offer.
- A quote or offer issued by JJ-Commerce should be considered a non-binding offer, unless otherwise expressly agreed in writing by JJ-Commerce. A non-binding offer can be revoked by JJ-Commerce after acceptance.
- The offer contains a complete and accurate description of the Products offered. The description is sufficiently detailed to enable the Counterparty to properly assess the offer. Obvious mistakes or obvious errors regarding, for example, amounts shown do not bind JJ-Commerce.
Article 5. The Agreement
- The Agreement is concluded at the time the Other Party accepts the offer and meets any conditions set therein.
- If the Agreement is concluded electronically, JJ-Commerce will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the Counterparty can pay electronically, JJ-Commerce will take the appropriate security measures.
- If any provision of these general terms and conditions or an Agreement proves to be void or is annulled, this will not affect the validity of the entire general terms and conditions or Agreement. The parties will consult with each other in order to agree on a new provision to replace the void or annulled provision, whereby the purpose and scope of the void or annulled provision will be taken into account as much as possible.
- JJ-Commerce reserves the right not to execute a concluded Agreement, for example if it has reasonable doubt or information that the Counterparty will not (be able to) meet its (financial) obligations. If JJ-Commerce refuses, it will inform the Counterparty of this refusal in writing within a reasonable period after the conclusion of the Agreement.
- The right of suspension and the right of set-off of the Counterparty are excluded if the Counterparty acts in the exercise of a profession or business. This provision therefore does not apply if the Counterparty acts as a Consumer.
- In addition to the previous paragraph, JJ-Commerce does have the right of settlement and/or suspension in the event of outstanding claims of the Counterparty or in cases in which the Counterparty does not properly, not completely or not at all execute his/her agreements.
- These general terms and conditions also apply to future, additional and/or follow-up orders.
- If the Counterparty has accepted the offer electronically, JJ-Commerce will immediately confirm receipt of acceptance of the offer electronically.
Article 6. Right of withdrawal
- A Consumer may terminate a Distance Contract or a Contract concluded outside the sales premises without giving reasons within a period of 14 (fourteen) days. In the case of consumer purchases, this period commences on the day on which the Consumer or a Third Party(ies) designated by the Consumer, who is not the carrier, has received the item.
- If the offered Products of JJ-Commerce are made according to specific instructions or are custom-made for the Consumer/Counterparty, then those Products are exclusively intended for that individual buyer. On this basis, the right of withdrawal is therefore excluded for those Products and the Consumer cannot make use of it.
- Furthermore, an appeal to the right of withdrawal is excluded in the following cases:
- Products whose price is subject to fluctuations in the financial market over which JJ-Commerce has no influence and which may occur within the withdrawal period
- Products manufactured according to the Consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice, properties or decision of the Consumer, or which are clearly intended for a specific person;
- sealed Products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- The exclusions referred to in paragraphs 2 and 3 of this article shall enter into force at the time that JJ-Commerce can no longer cancel its required order for the Agreement with its supplier free of charge.
- If a Consumer can exercise his right of withdrawal, the Consumer must ensure that the Product is returned in the correct condition and on time.
- The right of withdrawal is expressly not applicable if the Counterparty is not a Consumer.
Article 7. Exercise of the right of withdrawal
- If the Consumer wishes to exercise his/her right of withdrawal, he/she must notify JJ-Commerce of this within the cooling-off period using the JJ-Commerce return form.
- The Consumer shall return the Products as soon as possible, but no later than 14 (fourteen) days after he/she has indicated that he/she wishes to exercise the right of withdrawal. The Consumer shall return the Product with all accessories supplied, if reasonably possible in the original condition and packaging and in accordance with the reasonable and clear instructions provided by JJ-Commerce.
- If the Products are not returned in their original condition, JJ-Commerce will retain 20% of the amount to be refunded. The Consumer must indicate on the return form whether the Product is in the same condition at the time of return as the original condition upon receipt. The return form indicates that the amount will be retained if the Product is not in its original condition.
- The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer. Any damages will be offset against the amount to be refunded.
- During the cooling-off period, the Consumer shall handle the Products with care and shall only unpack or use the Products to the extent necessary to test the Products. In doing so, the Consumer may test the Product as he/she would do in a store.
- If the Consumer acts in violation of this article, the Consumer is liable for the decrease in value and/or damage of or to the Products.
- The Consumer is only liable for any decrease in value of the Product if this is the result of a way of handling the Product other than what is permitted under Article 9.6.
- The Consumer shall not be liable for any diminished value of the Product if JJ-Commerce has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the Agreement.
- If the Consumer exercises his/her right of withdrawal, JJ-Commerce will refund this amount as soon as possible, but within 14 days after the return or withdrawal. JJ-Commerce may wait with the refund until it has received the Product or until the Consumer demonstrates that he has returned the Product, whichever is earlier.
- JJ-Commerce uses the same payment method for the refund that the Consumer used, unless the Consumer agrees to another method. The refund is free of charge for the Consumer.
- If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, JJ-Commerce does not have to reimburse the additional costs for the more expensive method.
Article 8. Obligations of the Counterparty
- Counterparty shall ensure that all data, documents and information that JJ-Commerce indicates are necessary for the performance of the Agreement or that the Counterparty should reasonably understand are necessary for the performance of the Agreement, are provided to JJ-Commerce in a timely, complete, truthful and correct manner. JJ-Commerce is not obliged to check the data or documents provided for correctness. Any defects in this regard, or which are related to this, are therefore entirely at the expense and risk of the Counterparty. All costs that JJ-Commerce has incurred or must incur as a result of incorrect information, the late or non-receipt of the required information and/or incomplete and/or incorrect documents that the Counterparty has provided to JJ-Commerce, will be charged to the Counterparty.
- Counterparty must inform JJ-Commerce of any special aids that are required or may be possible for the delivery and/or placement of the Products, such as a mobile crane or (removal) lift. The costs for these special aids are at the expense and risk of Counterparty, unless expressly agreed otherwise in writing.
- The Counterparty is obliged to inform JJ-Commerce without delay of facts and circumstances that may be important in connection with the performance of the Agreement.
- If the Counterparty fails to comply with these obligations, among other things, JJ-Commerce reserves the right, in addition to any sanctions referred to in this article, to terminate the Agreement with immediate effect and to demand payment from the Counterparty for the hours already worked, the costs already incurred and/or the investments already made, without the Counterparty being able to claim compensation or otherwise.
Article 9. Termination and dissolution
- The Agreement shall terminate by operation of law when the Parties have fully fulfilled their obligations.
- If the Counterparty fails to fulfil one or more of its obligations, fails to fulfil them in a timely manner or fails to fulfil them properly, is declared bankrupt, applies for (provisional) suspension of payments and/or deferment of payment, proceeds to liquidate its company, or if its assets are seized in whole or in part, JJ-Commerce shall have the right to suspend the performance of the Agreement or to terminate and/or dissolve the Agreement in whole or in part by a Written statement by operation of law and without prior notice of default, all at its discretion and always while retaining any right to compensation for costs, damages and interest to which it is entitled.
- If the Agreement is terminated, JJ-Commerce's claims against the Counterparty shall become immediately due and payable.
Article 10. Liability
If the Counterparty is a Consumer:
- The total liability of JJ-Commerce is limited to compensation for damages up to a maximum of the amount of the fee agreed for that Agreement (excluding VAT). In no event will the total compensation for damages exceed the amount to be paid out by JJ-Commerce's liability insurance.
- JJ-Commerce's liability for damage resulting from intent or deliberate recklessness on the part of JJ-Commerce is not limited.
In the event that the Counterparty acts in the exercise of a profession or business:
- JJ-Commerce is not liable for indirect and direct damage. JJ-Commerce is not liable for damage resulting from intent or deliberate recklessness of JJ-Commerce.
- If JJ-Commerce can be held liable in a specific case, regardless of what is stated in this article, this only applies to direct damage. In those cases, the total liability of JJ-Commerce will be limited to compensation for damage up to a maximum of the amount of the fee agreed for that Agreement (excluding VAT).
- The amount of compensation will never exceed the amount paid out by JJ-Commerce's liability insurance.
- If JJ-Commerce can nevertheless be held liable for direct damage, direct damage is exclusively understood to mean:
- the reasonable costs that the Counterparty would have to incur to have the performance of JJ-Commerce comply with the Agreement; however, this replacement damage will not be reimbursed if the Agreement is terminated by or at the request of the Counterparty;
- the reasonable costs incurred to determine the cause and extent of the damage insofar as this determination relates to damage within the meaning of these general terms and conditions;
- the reasonable costs incurred to prevent or limit damage to the extent that the Counterparty demonstrates that these costs have led to a limitation of damage within the meaning of these general terms and conditions.
- Counterparty shall indemnify JJ-Commerce against any claims by Third Parties who suffer damage in connection with the performance of the Agreement.
General provisions regarding liability:
- The condition for the creation of any right to compensation is always that the Counterparty reports the damage to JJ-Commerce in writing as soon as possible after it has occurred. Any claim for compensation against JJ-Commerce will lapse by the mere passage of 12 (twelve) months after the claim has arisen.
- JJ-Commerce is not liable for damage caused by auxiliary persons as referred to in Article 6:76 of the Dutch Civil Code.
- JJ-Commerce is not liable for damage of any nature whatsoever resulting from JJ-Commerce relying on incorrect and/or incomplete information provided by the Counterparty or if the Counterparty provided this information too late.
- JJ-Commerce is not liable for any damage suffered by the Counterparty as a result of the failure to comply with the obligations as described in article 8 - 'Obligations of the Counterparty'.
Article 11. Force Majeure
- In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by JJ-Commerce to fulfil any obligation towards the Counterparty cannot be attributed to JJ-Commerce in the event of a circumstance beyond the control of JJ-Commerce, which prevents the fulfilment of its obligations towards the Counterparty in whole or in part or which makes it unreasonable to expect JJ-Commerce to fulfil its obligations. Such circumstances include non-performance by suppliers or other Third Parties, (power) failures, computer viruses, extreme weather conditions, fire (risk), (imminent) risk of war, pandemics, epidemics, quarantines, absenteeism due to illness, incapacity for work, strikes, government measures and the breakdown of bicycles and equipment with which the Products must be transported or assembled.
- If a situation as referred to in paragraph 1 of this article occurs as a result of which JJ-Commerce cannot meet its obligations towards the Counterparty, those obligations will be suspended for as long as JJ-Commerce cannot meet its obligations. If the force majeure situation has lasted 30 (thirty) calendar days, both Parties have the right to terminate the Agreement in writing in whole or in part. In that case, JJ-Commerce is not obliged to pay compensation for any damage, even if JJ-Commerce enjoys any benefit as a result of the force majeure situation.
- If the Agreement ends due to force majeure, as referred to in this article, JJ-Commerce shall be entitled to payment for the hours already worked or investments made at the time of termination of the Agreement.
Article 12. Warranty for JJ-Commerce Products
- JJ-Commerce guarantees that the Products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the Agreement is concluded.
- If a sample or model of the Product has been shown and/or provided to the Counterparty, this sample or model shall only serve as an indication of the Product, without the Product having to correspond to it, unless the Parties have agreed otherwise in writing.
- Specifications of the surface area or other dimensions and indications of Products are also only intended as an indication, without the Product having to correspond to them.
- The warranty periods for JJ-Commerce Products are in principle 1 (one) year.
- The warranty will be void if:
- The Counterparty has installed, repaired and/or processed the delivered Products itself or has had them installed, repaired and/or processed by Third Parties;
- the delivered Products have been exposed to abnormal conditions or otherwise treated carelessly or have been used or treated contrary to the instructions/instructions of JJ-Commerce and/or the instructions/instructions stated on the packaging of the Product;
- the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used after the conclusion of the Agreement.
- there are minor deviations from the desired properties, insofar as these are not important for the value and functionality of the Product;
- the Product exhibits defects resulting from normal wear and tear resulting from normal use.
- If JJ-Commerce sends a replacement Product to the Counterparty, the Counterparty is obliged to return the defective Product to JJ-Commerce.
- Replacement of the Product does not result in a renewal and/or extension of the warranty period.
Article 13. Fees/Prices
- All amounts are in euros and include sales tax and other government levies unless otherwise agreed.
- During the period of validity stated in the offer, the prices of the Products offered will not be increased, except for price changes resulting from changes in VAT rates.
- JJ-Commerce reserves the right to apply an inflation correction once per year.
- A composite quotation does not oblige JJ-Commerce to perform a part of the Agreement for a corresponding part of the stated amount.
- All prices stated by JJ-commerce are subject to typing and calculation errors.
- Discounts and quoted amounts do not automatically apply to future and/or follow-up Agreements. Parties must expressly agree to this in Writing.
Article 14. Payment and invoicing
- The Counterparty is obliged to pay the amount due immediately at the time of checkout via one of the available payment methods in the JJ-Commerce webshop, unless otherwise agreed in writing.
- Unless otherwise specified in the Agreement or additional conditions, amounts owed by the Other Party must be paid within 14 days of the invoice date.
- If delivery takes place by means of partial deliveries, the payment term will commence after each partial delivery for the part already delivered, unless otherwise agreed in writing and expressly between the Parties.
- The Counterparty has the obligation to report any inaccuracies in payment details provided or stated to JJ-Commerce without delay.
- If the Counterparty fails to meet its payment obligation(s) in a timely manner, JJ-Commerce will notify the Counterparty of the late payment and grant the Counterparty a period of 7 (seven) days to meet its payment obligations. If payment is not made within this seven-day period, the Counterparty will be in default. As a result, the Counterparty will also owe statutory (commercial) interest on the amount still owed. In addition, JJ-Commerce is entitled to charge the extrajudicial collection costs incurred by it.
- In the case of an Agreement with a Consumer, the term in the previous paragraph shall be replaced by a term of 14 (fourteen) days instead of a term of 7 (seven) days.
- In the event of (reasonable prospect of) bankruptcy, liquidation or suspension of payments or debt restructuring under the WSNP, JJ-Commerce's claims on the Counterparty and the Counterparty's obligations towards JJ-Commerce are immediately due and payable.
- Payments made by the Counterparty shall always be used to settle, first, all interest and costs due, and secondly, the oldest outstanding invoices, even if the Counterparty indicates that the payment relates to a later invoice.
Article 15. Delivery
- The place of delivery shall be the address that the Counterparty has made known to JJ-Commerce (when entering into the Agreement).
- The delivery period will not commence until all data required for the delivery of the Product are known to JJ-Commerce.
- If delivery of an ordered Product proves impossible, JJ-Commerce will make every effort to provide a replacement Product. At the latest upon delivery, but if possible before shipment, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles, and the Counterparty can return the replacement article to JJ-Commerce in accordance with the provisions of Articles X and X. The costs of any return shipment shall be borne by JJ-Commerce.
- The risk of damage and/or loss of Products rests with JJ-Commerce until the moment of delivery and installation at the Counterparty or a previously designated representative made known to JJ-Commerce, unless expressly agreed otherwise.
- If the Products are delivered, JJ-Commerce is entitled to charge any delivery costs, unless otherwise agreed in writing.
- All delivery times are indicative. The Counterparty cannot derive any rights from any stated terms. Exceeding a term does not entitle the Counterparty to compensation.
- In principle, the Counterparty is obliged to accept the Products at the time that JJ-Commerce delivers them to him or has them delivered. If the Counterparty refuses to accept, is not present at the time of delivery or is negligent in providing information or instructions that are necessary for the delivery, as a result of which a new delivery time must be arranged, JJ-Commerce is entitled to carry out this delivery at the Counterparty's expense.
Article 16. Complaints
- The Counterparty can no longer invoke a defect in the performance if he has not protested to JJ-Commerce within 2 (two) months after he discovered the defect or should reasonably have discovered it. If there is a visible defect upon delivery, a period of 48 (forty-eight) hours applies.
- The Counterparty must give JJ-Commerce at least 4 (four) weeks to resolve the complaint by mutual agreement.
- If a complaint is not reported to JJ-Commerce within the periods stated in the previous paragraphs, the Product will be deemed to comply with the Agreement and to function in accordance with the Agreement.
- Complaints do not suspend the Counterparty's payment obligation if the Counterparty acts in the exercise of a profession or business.
- If the complaint is found to be justified within the specified period, JJ-Commerce has the right to re-deliver or to refrain from delivery and to refund the Counterparty for (that part of) the purchase price.
- Minor and/or industry-standard deviations and differences in quality, quantity, size or finish of the Products cannot be held against JJ-Commerce.
- Complaints regarding a specific Product will not affect other Products belonging to the same Agreement.
Article 17. Right to property
- Rights and obligations of Counterparty under this Agreement may not be transferred to a Third Party without the prior written consent of JJ-Commerce. This provision applies as a clause with property law effect as referred to in article 3:83 paragraph 2 BW.
- Rights and obligations of JJ-Commerce under this Agreement may be transferred to Third Parties. If the Counterparty is a Consumer, the Counterparty shall have the right to terminate the Agreement if the rights and obligations of JJ-Commerce are transferred to a Third Party. This provision shall apply as a clause with property law effect as referred to in Article 3:83 paragraph 2 of the Dutch Civil Code.
Article 18. Retention of title
- The ownership of all items sold and delivered by JJ-Commerce to the Counterparty remains with JJ-Commerce:
- if and to the extent that the Counterparty has not yet paid the claims under the Agreement or previous similar Agreements;
- if and to the extent that the Counterparty has not yet paid the claims arising from future Agreements that relate to situations as described in Article 3:92 paragraph 2 of the Dutch Civil Code;
- if and to the extent that the Counterparty has not yet paid JJ-Commerce's claims for failure to fulfil such obligations, including claims for fines, interest and costs, all as referred to in Article 3:92 of the Dutch Civil Code.
- The Counterparty is not authorised to pledge or otherwise encumber the items subject to the retention of title.
- If the Counterparty has acquired ownership of the goods delivered under retention of title by accession or confusion and the Counterparty has not yet paid the claims referred to in paragraph 1, the Counterparty is obliged, at the request of JJ-Commerce, to transfer ownership of the delivered goods back to JJ-Commerce. If this requires the establishment of a right of superficies as referred to in Article 5:101 of the Dutch Civil Code, the Counterparty is obliged to cooperate.
- If third parties seize the goods or Products delivered under retention of title, or wish to establish or assert rights thereto, the Counterparty is obliged to inform JJ-Commerce of this as soon as may reasonably be expected.
Article 19. Additional work
- If JJ-Commerce, at the request of the Counterparty or at its own request, with the prior written consent of the Counterparty, has performed work or other services that fall outside the content or scope of the Agreement, then this work or services will be reimbursed by the Counterparty according to the usual rates of JJ-Commerce. The Counterparty is never obliged to comply with such a request and may request that a separate Written Agreement be concluded for this purpose.
- The 'scope of the Agreement' includes in any case the activities stated in the quotation or in the offer of JJ-Commerce accepted by the Counterparty. Everything that falls outside of this is in any case considered additional work. This applies unless expressly agreed otherwise in Writing between the Parties.
- The Counterparty accepts that the agreed objectives and expectations may be influenced by activities or services as referred to in paragraph 1 of this article.
- If a fixed amount has been agreed for the Service, JJ-Commerce will always inform the Counterparty in writing in advance about the financial consequences of the additional work.
Article 20. Intellectual property
- All intellectual property rights relating to and/or resulting from the Agreement executed by JJ-Commerce shall rest with JJ-Commerce. Counterparty shall only obtain the non-exclusive and non-transferable rights of use expressly granted in these general terms and conditions and by law. Any other or further right of Counterparty is excluded.
- Unless expressly agreed otherwise in writing, the Counterparty is not authorized to grant sub-licenses to Third Parties.
- Counterparty indemnifies JJ-Commerce against claims by third parties regarding intellectual property rights.
- If the Counterparty acts in violation of this article, the Counterparty shall owe an immediately due fine of 3x (three times) the amount agreed for that Agreement, without prejudice to the right of JJ-Commerce to claim (additional) damages.
Article 21. Management
- JJ-Commerce is entitled at all times to make changes to the technical and non-technical facilities with regard to the Services.
- Counterparty shall act and behave in accordance with what may be expected of a responsible and careful user of the Service(s).
- Counterparty is always responsible for any use - including unauthorized use - that is made of the rights of use and access granted to it. Counterparty will take appropriate and reasonable measures to prevent abuse and/or unauthorized use. Counterparty is not permitted to share rights of use and/or access with Third Parties, unless Parties have agreed otherwise in Writing.
- Counterparty shall at all times follow the instructions given by JJ-Commerce for the use of the Service(s).
- Any change that in the reasonable opinion of JJ-Commerce requires a significant, non-temporary adjustment on the part of the Counterparty, will be made known to the Counterparty as soon as possible. The Counterparty cannot claim compensation or reimbursement for damages, but he/she has the right to terminate the Agreement with effect from the day of the announced change.
- JJ-Commerce reserves the right to suspend/remove technical Services if they cause a malfunction or delay of the system. JJ-Commerce will assess whether such a malfunction or delay exists and can block, remove or suspend the technical Services without prior notice to the Counterparty, or otherwise take measures to resolve the malfunction or delay. In these circumstances, the Counterparty will never be entitled to compensation or damages, nor can he/she terminate the Agreement.
- JJ-Commerce is entitled to (temporarily) suspend its Services or limit their use without prior notice to the extent necessary for reasonably required maintenance or for necessary adjustments or improvements to the Services to be carried out by (or on behalf of) JJ-Commerce, without this giving rise to any right to compensation or damages from the Counterparty against JJ-Commerce.
Article 22. Alternative dispute resolution
- If disputes arise between JJ-Commerce and the Counterparty regarding the conclusion or performance of the Agreement, both Parties may opt for alternative dispute resolution instead of the regular court procedure.
- In the event that Counterparty is a Consumer and JJ-Commerce opts for alternative dispute resolution, JJ-Commerce will inform Consumer of this. Consumer has the option to still opt for regular legal proceedings. Counterparty must make this choice known to JJ-Commerce in writing within 1 (one) month after JJ-Commerce has been informed of Counterparty's choice for alternative dispute resolution.
Article 23. Applicable law
- Agreements between JJ-Commerce and the Counterparty are exclusively governed by Dutch law.
- Disputes between Parties will be tried to be resolved as much as possible through proper consultation. All disputes between Counterparty and JJ-Commerce will be settled exclusively by the competent court in the district in which JJ-Commerce is established.
- The applicability of the Vienna Sales Convention is excluded.
Article 24. Survival
- The provisions of these general terms and conditions and the Agreement that are intended to remain in force after termination of the Agreement shall remain in full force after termination of the Agreement.
Article 25. Amendment or supplement
- JJ-Commerce is entitled to unilaterally change or supplement these general terms and conditions. In that case, JJ-Commerce will inform the Counterparty of the changes or supplements in a timely manner.
- There will be a minimum of 30 (thirty) days between this notification and the entry into force of the amended or supplemented terms and conditions.
- If the Counterparty is a Consumer, the Counterparty has the option to refuse the amendment of these general terms and conditions or to terminate the Agreement.
- If the amendment as referred to in the previous paragraph is based on a valid reason stated in the Agreement, the Counterparty shall not have the right to refuse the amendment or to terminate the Agreement. An example of a valid reason is a change in the law that requires the terms and conditions to be adjusted.