General terms and conditions
Article 1 – Definitions
- Entrepreneur – the natural person or legal entity who remotely offers products and/or services to consumers;
- Consumer – the natural person that doesn’t act in exercise of a profession, who enters into an agreement with the entrepreneur;
- Distance contract – any agreement in the context of the system organised by the entrepreneur for means of selling products and/or services at a distance. Up until conclusion of the agreement communication will exclusively flow through one or more distance communication systems;
- Distance communication systems – any means used for means of concluding an agreement, without the need for entrepreneur and consumer to have met in person;
- Cooling-off period – the period in which the consumer can make use of his right to withdraw;
- Right to withdraw – the consumer’s ability to abandon the distance contract within the cooling-off period;
- Day – calendar day
- Extended duration contract – a distance contract with regard to a range of products and/or services, the supply and/or purchase is spread over time;
- Durable medium – any instrument which enables the consumer or entrepreneur to store information addressed personally to them in a way that facilitates future consultation and unaltered reproduction of the stored information;
Article 2 – Entrepreneur’s identity
Statutory name: J.H. Machinig
Business address: Lunettenhof 57
Zipcode business address: 9723KA Groningen, The Netherlands
Visiting address: Stavangerweg 41-13 (visiting by appointment only)
Zipcode visiting address: 9723 JC, Groningen, The Netherlands
Telefoonnummer: +31 6510 140 80
E-mailadres: [email protected]
Chamber of commerce number: 71255583
VAT-identity number: NL002357436B56
Artikel 3 – Toepasselijkheid
- The general terms and conditions apply to any of the entrepreneur’s offers and any distance contract between consumer and entrepreneur.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the conditions can be inspected at the entrepreneur’s premises before concluding the distance contract and they will be sent as quickly as possible and free of charge.
- If the agreement is concluded electronically, by way of derogation from article 2 and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a manner that the consumer can store them on a durable data carrier. If this is reasonably impossible, it will be specified where the general terms and conditions can be viewed electronically before concluding the distance contract, and that they will be delivered at the consumer’s request via electronic means or otherwise, free of charge.
Article 4 – Offers
- If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products and/or services being offered. The description is detailed enough to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services. Obvious mistakes and errors in the offer do not bind J.H. Machining in any way.
- Any offer provides the consumer with clear information about the rights and obligations attached to accepting the offer. This particularly applies to:
- The product’s price including taxes;
- Potential shipping costs;
- The way in which the contract shall be concluded and which actions this will require;
- Whether the right to withdraw applies or not;
- Means of payment, shipment or execution of the contract;
- The deadline for accepting the offer, or the deadline for adhering the price;
- The way in which the consumer, before conclusion of the agreement by his popular acts can be informed, and the manner in which he can recover before the contract is concluded.
Article 5 – The contract
- The contact is concluded at the time of acceptance of the offer by the consumer and the fulfilment of the associated conditions stated in section 4.
- If the consumer had accepted the offer electronically, the entrepreneur will immediately acknowledge receipt of electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed, the consumer may terminate the contract.
- If the contract is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and he will ensure a secure web environment.
- J.H. Machining may – within legal frameworks – inform is the consumer will be able to fulfil its financial commitments, as well as enquire after any other facts and circumstances that are of interest to a sensible conclusion of the distance contract. If, based on this research, the entrepreneur has good reasons to not conclude the agreement, he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.
- The entrepreneur shall provide the customer with written information to be stored on a durable data storage medium to be accessible to the consumer for each product:
a) The visiting address of the entrepreneur’s business location where the consumer can lodge complaints;
b) The conditions and the way in which the consumer’s right of withdrawal may be exercised, or a clear statement regarding the exclusion of the right of withdrawal;
c) The data specified in article 4, paragraph 3 of these conditions, unless the entrepreneur provides all this information to the consumer before execution of the contract;
d) The requirements for terminating the contract if the agreement has a duration exceeding one year or is indefinite.
6. If the entrepreneur is committed to providing a range of products or services, the provision in the previous paragraph only applies to the first delivery;
7. J.H. Machining has the right to share images of the delivered products on social media unless the consumer has indicated not to agree with this before conclusion of the contract.
Article 6 – Right of withdrawal in service delivery
- The entrepreneur may ask the consumer about the reason for withdrawal, but the consumer is under no obligation to stating his reason(s)
- The cooling-off period as stated in article 1 starts on the day the entrepreneur shipped the product.
Article 7 – Costs in case of withdrawal
- In the event that the consumer exercises his right to withdrawal, the costs of return shipping the goods will at most be accounted for with the customer.
- If the consumer exercises his right to withdrawal, the entrepreneur will take care of a refund as soon as possible, but no later than 30 days.
Article 8 – Exclusion of right of withdrawal
- If the consumer does not have the right of withdrawal, cancellation can be excluded by the entrepreneur only if this has been made clear in the offer, or at least in good time to concluding the contract.
- Exclusion of the right of withdrawal is only possible for the following products:
a) If they have been made by the entrepreneur, to the specifications of the consumer;
b) That are clearly of a personal nature;
c) That cannot be returned due to their nature;
d) Which can spoil or age quickly;
e) Whose price depends on financial fluctuations over which the entrepreneur has no influence;
f) Single issues of newspapers or magazines;
g) Audio- and video-recordings or computer software of which the seal has been broken by the consumer.
- Exclusion of the right of withdrawal is only possible for the following services:
a) Concerning lodging, transport, restaurants or leisure activities to be carried out on a given date or certain period;
b) That have started with the consumer’s explicit consent before the cooling-off period has expired;
c) Related to betting and lotteries.
Article 9 – Prices
- Prices of the offered products shall not be increased for as long as the offer is valid except for price increases arising from a change in VAT rate.
- In contrast to the previous paragraph, the entrepreneur may offer variable prices for products or services whose prices are subject to fluctuations on the financial market that are beyond the entrepreneur’s control. These fluctuations and the fact that any price, will be mentioned in the offer.
- Increases in price within 3 months of conclusion of the contract are only allowed if they are a result of changes in lawful regulations or stipulations.
- Increases in price from 3 months after concluding the contract are only allowed if the entrepreneur has stipulated it and:
- If it’s a result of lawful changes or stipulations or:
- The consumer has the authority to abandon the contract before the day on which the price increase starts
- The prices of products and services, as mentioned in their offers, are exclusive of VAT.
Article 10 – Conformity and warranty
- The entrepreneur ensures that the services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and usefulness and ensures on the date of establishment the existing legal provisions and/or government regulations.
- A warranty provided by the entrepreneur, manufacturer or imported does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the distance contract.
Article 11 – Delivery and execution
- The entrepreneur shall exercise the maximum possible care in execution of product orders and when assessing requests for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- In accordance with article 4 of these terms and conditions, the entrepreneur will process accepted orders as quickly as possible but not later than 6 days unless a longer period has been agreed to by the consumer. If an order is delayed or cannot, or just partially be executed, the entrepreneur will contact the consumer about this within 5 days of placing the order. In that case the consumer has the right to abandon the contract without costs.
- In case of termination of the contract as stated in the previous paragraph, the entrepreneur will refund the consumer as soon as possible, but no later than 30 days.
- If the delivery of an ordered product proves to be impossible, the entrepreneur shall undertake all efforts to provide a substitute. No later than the time of delivery will the consumer be made known that a substitute has been shipped. The right of withdrawal cannot be excluded in case of a substituted product. Shipping costs for returning a substitute product will be paid for by the entrepreneur.
- Until the moment of delivery to the consumer, the risk of damage and/or loss of products rests with the entrepreneur, unless explicitly agreed otherwise.
Article 12 – Payment
- Unless agreed to otherwise, the amounts to be paid by the consumer shall be paid by the consumer within 14 days of the issue of the invoice by the entrepreneur.
- when selling products to consumers, the general conditions may never stipulate an advance payment of more than 100%. If an advance payment was agreed, the consumer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.
- The consumer is obliged to report without delay to the entrepreneur provided or stated inaccuracies in payment data.
Article 13 – Complaint procedure
- The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaint procedure.
- Complaints about the execution of the agreement must be submitted within reasonable time after the consumer has established the defects, completely and clearly described to the entrepreneur.
- Any complaints submitted to J.H. Machining will be confirmed for receipt within 14 days of submission of the complaint. If it is anticipated that a complaint will take longer to process, the entrepreneur will respond with a confirmation of receipt and an indication of the duration in which the consumer can expect a more detailed response.
Article 14 – Additional and different provisions
Additional or deviating stipulations of the present terms and conditions may not be to the detriment of the consumer and should always be recorded in writing in such a manner that they can be stored by the consumer in an accessible manner on a durable storage medium.