General sales and delivery terms of:
JVB Digital VOF
3831 PJ Leusden
Registration number Chamber of Commerce in Amersfoort: 32073851
1.1 These general terms and conditions apply to every offer from JVB Digital and to every agreement concluded between JVB Digital and the consumer. The conditions are accessible to everyone and included on the website of JVB Digital. Upon request, we will send you a written copy.
1.2 By placing an order you indicate that you agree with the delivery and payment conditions. JVB Digital reserves the right to change its delivery and / or payment conditions after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by JVB Digital.
1.4 JVB Digital guarantees that the delivered product meets the agreement and meets the specifications stated in the offer.
2.1 Delivery takes place while stocks last.
2.2 Within the framework of the rules of distance selling, JVB Digital will execute orders at least within 30 days, unless a different delivery period has been agreed. If delivery within 30 days or otherwise agreed delivery time is not possible (because the order is not in stock or no longer available), or there is a delay for other reasons, or an order can not or only partially be executed, then the consumer will receive within 1 month after placing the order message and in that case he has the right to cancel the order without costs and notice of default.
2.3 The delivery obligation of JVB Digital will, subject to proof to the contrary, be met as soon as the goods delivered by JVB Digital have been offered to the customer once. In the case of home delivery, the report of the carrier, which implies the refusal of acceptance, serves as full proof of the delivery offer.
2.4 All terms mentioned on the website are indicative. No rights can therefore be derived from the terms mentioned.
3.1 Prices will not be increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer makes interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.
3.3 Unless otherwise stated, all prices on the website are in Euros and include 21% VAT for all shipments within the EU.
Visibility period / right of withdrawal
4.1 If there is a consumer purchase in accordance with the Distance Selling Act (Section 7: 5 Dutch Civil Code), the customer has the right to return (part of) the delivered goods within a period of 14 working days without giving any reason. This period starts at the moment the ordered items are delivered. The customer is obliged, before proceeding to return, within the period of 14 working days after receiving written notification to JVB Digital. If the customer has not made use of the statutory return right within the period of 14 days after receipt, the purchase is a fact. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to assess the nature, characteristics and operation of the product. If he makes use of his right of withdrawal, he will return the product to the entrepreneur within 14 days of receipt, in accordance with the reasonable and clear instructions provided by the entrepreneur. The customer must prove that the delivered goods have been returned in time, for example by means of proof of mail delivery.Return of the goods must take place in the original packaging (including accessories and accompanying documentation) and in new condition. Packed in (extra) boxes or wrapping paper to prevent unnecessary damage (for example, return stickers) of the original packaging. If the items have been used, encumbered or damaged in any way by the customer, then JVB Digital reserves the right to charge depreciation. With due observance of what has been stipulated in the previous sentence, JVB Digital bears within 14 days after good receipt of the return shipment or 14 days after proof of return (the shipping certificate must explicitly state the contents of the return shipment), ensure reimbursement . Upon return of the entire purchase, the full purchase price including any calculated shipping and / or payment costs will be refunded to the customer. When returning only a part of the received purchases, only the purchase value of the returned items is refunded. Additional costs as a result of a more expensive shipping method than the cheapest standard delivery will never be refunded. The return of the delivered goods is entirely at the expense and risk of the buyer.
4.2 The right of withdrawal does not apply to:
service agreements, after full execution of the service, and only when the execution has begun with the express prior consent of the consumer and the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
goods or services whose price is subject to fluctuations on the financial market, on which the supplier has no influence and which can occur within the withdrawal period
goods that have been manufactured according to the consumer's specifications, for example tailor-made products, or that have a clearly personal character
products whose shelf life has expired within the 14 days cooling-off period (decay).
sealed products which for health or hygiene reasons are not suitable to be returned and whose seal has been broken after delivery
sealed audio / video or software carriers whose seal has been broken
for goods or services which by their nature can not be returned, for example due to hygiene or which can quickly spoil or become obsolete
the delivery of separate newspapers and magazines
5.2 JVB Digital respects the privacy of the users of the website and ensures confidentiality of your personal data.
5.3 JVB Digital uses a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.
Guarantee and conformity
6.1 The entrepreneur warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement. and / or government regulations.
6.2 An arrangement offered by the entrepreneur, manufacturer or importer as guarantee does not affect the rights and claims that the consumer can assert to the entrepreneur in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur by virtue of the law and / or the distance contract.
6.3 If it appears that the delivered item is wrong, inadequate or incomplete, then the customer (before proceeding to return to JVB Digital) must report these defects to JVB Digital in writing within 2 months after discovery of the defect. Return of the items must take place in the original packaging (including accessories and accompanying documentation). Commissioning after detection of failure, damage arising after detection of failure, encumbrance and / or resale after detection of defect, does this right to complain and return completely invalid.
6.4 If complaints from the customer are found to be well-founded by JVB Digital, JVB Digital will repair or replace the delivered goods free of charge at the discretion of the consumer. Any liability of JVB Digital in case of damage is limited to a maximum of the invoice amount of the relevant items, or (at the discretion of JVB Digital) to the maximum amount covered by the liability insurance of JVB Digital in the relevant case. Any liability of JVB Digital for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential loss or damage due to lost profits.
6.5 JVB Digital is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial staff.
6.6 JVB Digital respects Dutch legislation with regard to guarantees. We provide a minimum warranty of two years for all our products. This guarantee does not apply if: A) The consumer is not the owner with which the purchase agreement with JVB Digital has been entered into, warranty is therefore never transferable.B) and as long as the customer is in default towards JVB Digital; C) the customer has repaired the delivered goods themselves and / or processed or has third parties repaired or processed. D) the delivered goods are exposed to abnormal circumstances or otherwise careless handling or contrary to the instructions of JVB Digital and / or instructions on the package.
7.1 Offers are without obligation, unless otherwise stated in the offer.
7.2 Upon acceptance of a free offer by the buyer, JVB Digital reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.
7.3 Oral promises are only binding on JVB Digital after they have been explicitly confirmed in writing.
7.4 Offers from JVB Digital do not automatically apply to repeat orders.
7.5 JVB Digital can not be held to its offer if the customer should have understood that the offer, or any part thereof, contain an obvious mistake or error.
7.6 Additions, changes and / or further agreements are only valid if agreed in writing.
8.1 An agreement between JVB Digital and a customer comes into being after an order has been assessed by JVB Digital for feasibility.
8.2 JVB Digital reserves the right to refuse orders or assignments without stating reasons or to accept them exclusively on the condition that the shipment is made cash on delivery or after payment in advance.
Images and specifications
9.1 All images; photographs, drawings etc .; eg data concerning weights, dimensions, colors, images of labels, etc. on the website of JVB Digital are only approximate, are indicative and can not lead to compensation or dissolution of the agreement.
10.1 JVB Digital is not liable, if and insofar as its obligations can not be fulfilled due to force majeure.
10.2 Force majeure means any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delay or default by our suppliers, disruptions in the Internet, faults in the electricity, malfunctions in e-mail traffic and malfunctions or changes in technology provided by third parties, transport problems, strikes, government measures, delays in the supply, negligence of suppliers and / or manufacturers of JVB Digital as well as auxiliary persons, sickness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure.
10.3 JVB Digital reserves the right in the event of force majeure to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that execution remains possible. Under no circumstances is JVB Digital obliged to pay any penalty or compensation.
10.4 If JVB Digital has already partially fulfilled its obligations on the occurrence of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it were concerned. it a separate contract.However, this does not apply if the already delivered or deliverable part has no independent value.
11.1 JVB Digital is not liable for damage to vehicles or other objects caused by improper use of the products. Before use, read the instructions on the packaging and / or consult our website.
Reservation of ownership
12.1 Ownership of all items sold and delivered by JVB Digital to the buyer remains with JVB Digital as long as the customer has not paid the claims of JVB Digital pursuant to the agreement or earlier or later similar agreements, as long as the customer has performed the work performed or to be performed has not yet complied with work from these or similar agreements and as long as the customer has not yet paid the claims of JVB Digital due to shortcomings in the fulfillment of such obligations, including claims in respect of fines, interest and costs, as referred to in Section 3:92 of the Dutch Civil Code.
12.2 The goods delivered by JVB Digital which are subject to retention of title may only be resold within the framework of normal business operations and may never be used as a means of payment.
12.3 The customer is not entitled to pledge the goods falling under the retention of title or encumber them in any other way.
12.4 The customer gives unconditional and irrevocable consent to JVB Digital or a third party to be appointed by JVB Digital, in all cases in which JVB Digital wishes to exercise its ownership rights, to enter all those places where its properties will be located and those matters. to take them there.
12.5 If third parties seize goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to inform JVB Digital of this as soon as reasonably may be expected.
12.6 The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to provide JVB Digital with the policy of this insurance on first request.
Applicable law / competent court
13.1 Dutch law applies to all agreements.
13.2 Disputes arising from an agreement between JVB Digital and buyer, which can not be resolved by mutual agreement, will be heard by the competent judge in the district of Amersfoort, unless JVB Digital prefers the difference to the competent court of the place of residence of the buyer, and with the exception of those disputes that belong to the jurisdiction of the subdistrict court.