Terms & Conditions
GENERAL TERMS AND CONDITIONS JMDcustomz
Definitions
JMDcustomz: Cihan Enterprises, established in Eindhoven, Chamber of Commerce no. 77657063.
Customer: the party which JMDcustomz has entered into an agreement with.
Parties: JMDcustomz and customer together.
Consumer: a customer who is an individual acting for private purposes.
Applicability
These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of JMDcustomz.
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Prices
All prices used by JMDcustomz are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
JMDcustomz is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
Increases in the cost prices of products or parts thereof, which JMDcustomz could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
Samples / models
If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.
Payments and payment term
JMDcustomz may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
The customer must have paid the full amount within 7 days after delivery of the product.
Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without JMDcustomz having to send the customer a reminder or to put him in default.
JMDcustomz reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Consequences of late payment
If the customer does not pay within the agreed term, JMDcustomz is entitled to charge an interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to JMDcustomz.
The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
If the customer does not pay on time, JMDcustomz may suspend its obligations until the customer has met his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of JMDcustomz on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by JMDcustomz, he is still obliged to pay the agreed price to JMDcustomz.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
JMDcustomz can appeal to his right of retention of title and in that case retain the products sold by JMDcustomz to the customer until the customer has paid all outstanding invoices with regard to JMDcustomz, unless the customer has provided sufficient security for these payments.
The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to JMDcustomz.
JMDcustomz is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
Settlement
The customer waives his right to settle any debt to JMDcustomz with any claim on JMDcustomz.
Retention of title
JMDcustomz remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to JMDcustomz under whatever agreement with JMDcustomz including of claims regarding the shortcomings in the performance.
Until then, JMDcustomz can invoke its retention of title and take back the goods.
Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If JMDcustomz invokes its retention of title, the agreement will be dissolved and JMDcustomz has the right to claim compensation, lost profits and interest.
Delivery
Delivery takes place while stocks last.
Delivery takes place at JMDcustomz unless the parties have agreed upon otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed price is not paid on time, JMDcustomz has the right to suspend its obligations until the agreed price is fully paid.
In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by JMDcustomz.
Delivery period
Any delivery period specified by JMDcustomz is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from JMDcustomz.
Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless JMDcustomz cannot deliver within [number of days late] or if the parties have agreed upon otherwise.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transport costs
Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.
Packaging and shipping
If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which JMDcustomz may not be held liable for any damage.
If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to JMDcustomz, failing which JMDcustomz cannot be held liable for any damage.
Insurance
The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:
goods delivered that are necessary for the execution of the underlying agreement
goods being property of JMDcustomz that are present at the premises of the customer
goods that have been delivered under retention of title
At the first request of JMDcustomz, the customer provides the policy for these insurances for inspection.
Storage
If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.
Guarantee
The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
Indemnity
The customer indemnifies JMDcustomz against all third-party claims that are related to the products and/or services supplied by JMDcustomz.
Complaints
The customer must examine a product or service provided by JMDcustomz as soon as possible for possible shortcomings.
If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform JMDcustomz of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
Consumers must inform JMDcustomz of this within two months after detection of the shortcomings.
The customer gives a detailed description as possible of the shortcomings, so that JMDcustomz is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to JMDcustomz being forced to perform other work than has been agreed.
Giving notice
The customer must provide any notice of default to JMDcustomz in writing.
It is the responsibility of the customer that a notice of default actually reaches JMDcustomz (in time).
Joint and several Client liabilities
If JMDcustomz enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to JMDcustomz under that agreement.
Liability of JMDcustomz
JMDcustomz is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
If JMDcustomz is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
JMDcustomz is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
If JMDcustomz is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice 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 lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiry period
Every right of the customer to compensation from JMDcustomz shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.
Dissolution
The customer has the right to dissolve the agreement if JMDcustomz imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
If the fulfillment of the obligations by JMDcustomz is not permanent or temporarily impossible, dissolution can only take place after JMDcustomz is in default.
JMDcustomz 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 circumstances give JMDcustomz good grounds to fear that the customer will not be able to fulfill his obligations properly.
Force majeure
In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of JMDcustomz in the fulfillment of any obligation to the customer cannot be attributed to JMDcustomz in any situation independent of the will of JMDcustomz, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from JMDcustomz .
The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a situation of force majeure arises as a result of which JMDcustomz cannot fulfill one or more obligations towards the customer, these obligations will be suspended until JMDcustomz can comply with it.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
JMDcustomz does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
JMDcustomz is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by JMDcustomz with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
The customer cannot transfer its rights deferring from an agreement with JMDcustomz to third parties without the prior written consent of JMDcustomz .
This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what JMDcustomz had in mind when drafting the conditions on that issue.
Applicable law and competent court
Dutch law is exclusively applicable to all agreements between the parties.
The Dutch court in the district where JMDcustomz is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Drawn up on 29 februari 2020.
