General Terms and Conditions
Definitions
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- DIRTY JACK, trading under Kook tover! BV, established in Groningen under Chamber of Commerce no. 83233792.
- Customer: the person with whom DIRTY JACK has entered into an agreement.
- Parties: DIRTY JACK and customer together.
- Consumer: a customer who is also an individual acting as a private person.
Applicability of general terms and conditions
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- These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of DIRTY JACK.
- The parties may deviate from these terms and conditions only if they have expressly agreed to do so in writing.
- The parties expressly exclude the applicability of additional and/or different general terms and conditions of the customer or third parties.
Prices
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- All prices used by DIRTY JACK are in euros, are exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
- All prices used by DIRTY JACK for its products, on its website or otherwise made known, DIRTY JACK may change at any time.
- Increases in the cost prices of products or parts thereof, which DIRTY JACK could not foresee at the time the offer was made or the agreement concluded, may give rise to price increases. The consumer has the right to dissolve an agreement due to a price increase as referred to in paragraph 3, unless the increase is due to a statutory regulation.
Payments and payment period
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- DIRTY JACK may require a deposit of up to 50% of the agreed amount when entering into the agreement.
- The customer must have paid either in advance or in arrears within 14 days of delivery.
- Payment deadlines are considered to be deadlines for payment. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment period, he is legally in default and in default, without DIRTY JACK having to send the customer a reminder or declare him in default.
- DIRTY JACK reserves the right to make a delivery conditional upon immediate payment or to require security for the total amount of the services or products.
Consequences of not paying on time
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- If the customer does not pay within the agreed period, DIRTY JACK is entitled to charge the legal interest of 2% per month for non-commercial transactions and the legal interest of 8% per month for commercial transactions from the day the customer is in default, whereby part of a month is counted as a whole month.
- If the customer is in default, he is furthermore liable to DIRTY JACK for extrajudicial collection costs and possible damages.
- Collection costs are calculated according to the Compensation for Extrajudicial Collection Costs Decree.
- If the customer fails to pay on time, DIRTY JACK may suspend its obligations until the customer has fulfilled its obligation to pay.
- In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, DIRTY JACK’s claims on the customer are immediately due and payable.
- If the customer refuses to cooperate in the execution of the agreement by DIRTY JACK, he is still obliged to pay the agreed price to DIRTY JACK.
Right of advertising
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- As soon as the customer is in default, DIRTY JACK is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
- DIRTY JACK invokes the right of claim by written or electronic communication.
- As soon as the customer is informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to DIRTY JACK, unless the parties make other arrangements in this regard.
- The cost of recovering or bringing back the products shall be borne by the customer.
Right of Withdrawal
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- A consumer may cancel an online purchase during a 14-day cooling-off period without giving any reason provided that:
- the product has not been used or washed
- the consumer has not waived his right of withdrawal
- The cooling-off period of 14 days as mentioned in paragraph 1 starts on the day after the consumer has received the last product or part of 1 order
- Consumers may make their exercise of the right of withdrawal known at info@mydirtyjack.com.
- The consumer is obliged to return the product to DIRTY JACK within 14 days of the announcement of his right of withdrawal, failing which his right of withdrawal lapses.
- A consumer may cancel an online purchase during a 14-day cooling-off period without giving any reason provided that:
Reimbursement of delivery costs
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- If the consumer has exercised his right of withdrawal in a timely manner and, as a result, has returned the complete order to DIRTY JACK in a timely manner, DIRTY JACK will refund any shipping costs paid by the consumer within 14 days of receipt of the timely and complete returned order to the consumer.
- The cost of delivery shall be borne by DIRTY JACK only to the extent that the entire order is returned.
Return cost reimbursement
If the consumer invokes his right of withdrawal and returns the entire order in a timely manner, the cost of returning the entire order shall be borne by the consumer.
Suspension right
Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.
Right of retention
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- DIRTY JACK may invoke its right of retention and, in that case, retain the customer’s products until the customer has paid all outstanding bills against DIRTY JACK, unless the customer has provided adequate security for those costs.
- The right of retention also applies by virtue of previous agreements from which the customer still owes payments to DIRTY JACK.
- DIRTY JACK shall never be liable for any damage that the customer may suffer as a result of the use of his lien.
Settlement
Unless the customer is a consumer, the customer waives its right to set off a debt to DIRTY JACK against a claim against DIRTY JACK.
Retention of title
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- DIRTY JACK remains the owner of all delivered products until the customer has completely fulfilled all of his payment obligations to DIRTY JACK under whatever agreement concluded with DIRTY JACK, including claims of default.
- Until such time, DIRTY JACK may invoke its retention of title and repossess the goods.
- Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
- Should DIRTY JACK invoke its retention of title, the agreement shall be deemed to be dissolved and DIRTY JACK shall be entitled to claim damages, lost profits and interest.
Delivery
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- Delivery will take place while supplies last.
- Delivery shall take place at DIRTY JACK’s premises, unless the parties have agreed otherwise.
- Delivery of products ordered online is made to the address specified by the customer.
- If the agreed amounts are not paid or not paid on time, DIRTY JACK is entitled to suspend its obligations until the agreed part is still paid.
- Late payment constitutes creditor default, with the consequence that the customer cannot hold a late delivery against DIRTY JACK.
Delivery time
- The delivery times given by DIRTY JACK are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
- The delivery time begins at the moment when the customer has completely completed the (electronic) ordering process and has received an (electronic) confirmation thereof from DIRTY JACK.
- Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless DIRTY JACK is unable to deliver within 14 days of a written reminder to do so or the parties have agreed otherwise.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in a timely manner.
Transportation costs
Transportation costs shall be borne by the customer unless the parties have agreed otherwise.
Packaging and shipping
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- If the packaging of a delivered product has been opened or damaged, the customer, before taking delivery of the product, must have a note made of this by the forwarder or delivery person, failing which DIRTY JACK cannot be held responsible for any damage.
- If the customer takes care of transporting a product himself, he must report any visible damage to products or the packaging to DIRTY JACK prior to transport, failing which DIRTY JACK cannot be held liable for any damage.
Retention
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- If the customer does not take delivery of ordered products until later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
- Any additional costs resulting from premature or late purchase of products shall be borne entirely by the customer.
Warranty
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- The warranty with respect to products applies only to defects caused by faulty manufacture, construction or material.
- The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent 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 is transferred to the customer at the time they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.
Exchange
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- The exchange of purchased items is only possible if the following conditions are met: exchange takes place within 14 days after purchase upon presentation of the original invoice the product is returned in its original packaging or with the original (price) tags still attached the product has not yet been used
- Discounted items, non-perishable items such as food items, custom made items or items specially customized for the customer and Custom made products cannot be exchanged.
Indemnification
The customer indemnifies DIRTY JACK against all third party claims related to the products and/or services supplied by DIRTY JACK.
Complaints
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- The customer should examine a product supplied or service rendered by DIRTY JACK for any deficiencies as soon as possible.
- If a delivered product or provided service does not meet what the customer could reasonably expect from the agreement, the customer must inform DIRTY JACK of this as soon as possible, but in any case within 1 month of the discovery of the shortcomings.
- Consumers must notify DIRTY JACK of the deficiencies at the latest within 2 months of their discovery.
- The customer thereby provides as detailed a description as possible of the shortcoming, so that DIRTY JACK is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- In any case, if a complaint relates to work in progress, this cannot result in DIRTY JACK being held to perform work other than that agreed upon.
Notice of default
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- The customer must make notices of default in writing to DIRTY JACK.
- It is the customer’s responsibility that a notice of default actually reaches DIRTY JACK (in a timely manner).
Joint and several liability customer
If DIRTY JACK enters into an agreement with multiple customers, each is jointly and severally liable for the full amounts owed to DIRTY JACK under that agreement.
Liability DIRTY JACK
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- DIRTY JACK is only liable for any damage suffered by the customer if and insofar as such damage is caused by intentional or deliberate recklessness.
- If DIRTY JACK is liable for any damage, it is only liable for direct damage resulting from or related to the execution of an agreement.
- DIRTY JACK is never liable for indirect damages, such as consequential damages, lost profits, missed savings or damages to third parties.
- If DIRTY JACK is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
- All illustrations, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be grounds for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Due date
Any right of the customer to damages from DIRTY JACK 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 Civil Code.
Right of rescission
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- The customer is entitled to dissolve the agreement if DIRTY JACK imputably fails to fulfill its obligations, unless this failure, in view of its special nature or minor significance, does not justify the dissolution.
- If the fulfillment of the obligations by DIRTY JACK is not permanently or temporarily impossible, then dissolution can only take place after DIRTY JACK is in default.
- DIRTY JACK is entitled to dissolve the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement, or if DIRTY JACK has knowledge of circumstances that give him good reason to fear that the customer will not be able to properly fulfill his obligations.
Force majeure
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- In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of DIRTY JACK in the fulfillment of any obligation towards the customer cannot be attributed to DIRTY JACK in a situation independent of DIRTY JACK’s will, as a result of which the fulfillment of its obligations towards the customer is prevented in whole or in part, or as a result of which the fulfillment of its obligations cannot reasonably be required of DIRTY JACK.
- The force majeure situation mentioned in paragraph 1 also includes – but is not limited to – the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery companies or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work interruptions.
- If a force majeure situation occurs that prevents DIRTY JACK from fulfilling 1 or more obligations to the customer, those obligations will be suspended until DIRTY JACK is able to fulfill them again.
- From the moment a force majeure situation has lasted for at least 30 calendar days, either party may rescind the contract in writing in whole or in part.
- DIRTY JACK is not liable for any (compensation) in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.
Modification of the agreement
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- If after the conclusion of the agreement for its execution it appears necessary to modify or supplement its content, the parties shall promptly and by mutual agreement adjust the agreement accordingly.
- The preceding paragraph does not apply to products purchased from a physical store.
Modification of general terms and conditions
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- DIRTY JACK is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance may be made at any time.
- Major substantive changes will be discussed by DIRTY JACK with the customer in advance whenever possible.
- Consumers are entitled to terminate the contract in the event of a material change in the general terms and conditions.
Transfer of Rights
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- Customer’s rights from an agreement between the parties cannot be transferred to third parties without DIRTY JACK’s prior written consent.
- This provision counts as a clause with property law effect as referred to in Article 3:83, paragraph 2, Civil Code.
Consequences of nullity or voidability
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- Should one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions.
- Any provision that is void or voidable shall in such case be replaced by a provision that comes closest to what DIRTY JACK intended when drafting the terms and conditions on that point.
Applicable law and competent court
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- Any agreement between the parties shall be governed exclusively by the laws of the Netherlands.
- The Dutch judge in the district where DIRTY JACK is based/practicing/office is exclusively competent to take cognizance of any disputes between the parties, unless the law imperatively prescribes otherwise. Retrieved September 14, 2022.
E-mail: info@mydirtyjack.com Website: www.mydirtyjack.com