General terms and conditions

1. Entrepreneur : the natural or legal person who offers products and/or services remotely to consumers;
2. Consumer : the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Business customer: any natural person or legal entity acting in the course of a profession or business who enters into a contract with the entrepreneur.
4. Distance contract : an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
5. Distance communication technology : means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same place at the same time;
6. Reflection period : the period within which the consumer can make use of his right of withdrawal;
7. Right of withdrawal : the possibility for the consumer to cancel the distance contract within the cooling-off period;
8. Day : calendar day;
9. Duration transaction : a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
10. Durable medium : any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.

Statutory name: J.H. Machining V.O.F.

Business address: Rouaanstraat 21-F
Postcode location address: 9723CB Groningen The Netherlands

Visiting address: Rouaanstraat 21-F (visits by appointment)
Postal code visiting address: 9723CB, Groningen

Phone number: +31 6815 342 99

Email address: info@jhmachining.com

Chamber of Commerce number: 93516967

VAT identification number: NL866434355B01

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at the consumer’s request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer’s request.

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
   1. the price including taxes;
   2. any costs of delivery;
   3. the manner in which the agreement will be concluded and the actions required for this;
   4. whether or not the right of withdrawal applies;
   5. the method of payment, delivery or performance of the agreement;
   6. the period for accepting the offer or the period for honoring the price;
   7. the manner in which the consumer can become aware of actions he does not want before concluding the agreement, as well as the manner in which he can rectify these before the agreement is concluded;

1. Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may – within legal frameworks – inquire whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

a. the visiting address of the entrepreneur’s establishment where the consumer can go with complaints;

b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;

d. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6. If the entrepreneur has committed himself to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.

7. The entrepreneur has the right to use photos of the delivered products on social media, unless the consumer has indicated that he or she does not agree to this before the agreement is concluded.

1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of 30 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige him to state his reason(s).
2. The reflection period referred to in paragraph 1 commences on the day after the entrepreneur has sent the product.

1. If the consumer exercises his right of withdrawal, he will be responsible for at most the costs of return.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.

1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
3. which have been created by the entrepreneur in accordance with the consumer’s specifications;
4. that are clearly personal in nature;
5. which by their nature cannot be returned;
6. that can spoil or become outdated quickly;
7. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
8. for individual newspapers and magazines;
9. for audio and video recordings and computer software where the consumer has broken the seal.
10. Exclusion of the right of withdrawal is only possible for services:

a) relating to accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;

b) the supply of which has commenced with the express consent of the consumer before the cooling-off period has expired;

c) concerning betting and lotteries.

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
   1. By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
   2. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
   3. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
      1. these are the result of statutory regulations or provisions; or
      2. the consumer has the authority to terminate the agreement on the day on which the price increase takes effect.
   4. The prices stated in the offer of products or services are inclusive of VAT.

1. The entrepreneur guarantees 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 and/or government regulations in force on the date the agreement was concluded.
2. A guarantee arrangement offered by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur on the basis of the law and/or the distance contract with regard to a shortcoming in the fulfilment of the entrepreneur’s obligations.

1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. The Entrepreneur aims to produce the order and hand it over to the carrier within six working days of receiving payment and all information required for production, unless a longer production period has been agreed or stated in the offer. This period relates solely to production and processing time and does not include the carrier’s delivery time. Any stated delivery times are estimates, unless the Trader has expressly confirmed a guaranteed delivery date in writing.
4. If production or dispatch is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the Entrepreneur shall inform the consumer as soon as possible. Consumers’ statutory rights in the event of late delivery or non-delivery remain unaffected.
5. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, 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. The costs of return shipment are for the account of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

1. Unless otherwise agreed, amounts owed by the consumer must be paid within fourteen days of sending the invoice.
2. When selling products to consumers, the general terms and conditions may never stipulate an advance payment of more than 100%. If an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.

1. The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer..

1. By supplying files, the consumer declares that they hold all necessary rights, licences and authorisations for the entrepreneur to use these materials for the performance of the contract.
2. The consumer indemnifies the entrepreneur against all claims by third parties arising from an alleged or actual infringement of copyright, trade mark rights, design rights or other intellectual property rights as a result of the materials supplied by the customer.
3. The entrepreneur is under no obligation to check the files supplied for accuracy, completeness or the existence of intellectual property rights and accepts no liability in this regard.

Article 15 – Use of Digital Design and AI Tools

1. During the review, optimisation or modification of customer-supplied designs, the entrepreneur may use digital design tools, including graphic design software and artificial intelligence (AI).
2. These tools are used solely to support the design and manufacturing process. This may include, but is not limited to, improving image quality, converting artwork into vector format, removing backgrounds, upscaling images or optimising designs for production.
3. The entrepreneur remains responsible for the final assessment of all designs and for any manual adjustments made before production begins.
4. The use of digital design tools or AI does not grant the entrepreneur any ownership rights over the customer’s original design. Unless otherwise agreed in writing, all intellectual property rights in the original design remain with the rightful owner.

Article 16 – Liability

1. The Entrepreneur shall only be liable for loss or damage that is the direct and demonstrable result of a breach of the Agreement attributable to the Entrepreneur, subject to the limitations set out in this Article.

2. The Entrepreneur shall not be liable for loss or damage arising from:

a. incorrect, unsafe, careless or improper use of the product;

b. use contrary to the instructions for use or for a purpose other than that for which the product is reasonably intended;

c. alterations, repairs or modifications carried out by the consumer or a third party without the Entrepreneurs’ consent;

d. use of the product on, or in combination with, materials, machinery or components for which the product is unsuitable;

e. inadequate maintenance, improper storage or failure to comply with safety instructions.

This exclusion shall not apply where the loss or damage results from a defect in the product or from inadequate instructions for which the Trader is legally liable.

3. The Consumer is responsible for checking in advance that the product is suitable for its intended use and, where reasonably possible, for testing it on scrap material. The Consumer must take appropriate safety precautions when using the product.

4. Stated production and delivery times are estimates, unless the Entrepreneur has expressly confirmed in writing that a guaranteed delivery date applies. If an order is required by a particular date, for example for an event, festival, trade fair or production period, the Consumer must clearly notify the Entrepreneur of this before the Agreement is concluded. Such a date shall only constitute a guaranteed delivery date if the Entrepreneur has expressly accepted it in writing.

5. In relation to Business Customers, the Entrepreneur shall not be liable for indirect or consequential loss, including, but not limited to:

a. loss of profit or turnover;

b. loss of anticipated savings;

c. loss of production or business interruption;

d. reputational damage;

e. loss or damage resulting from missing, postponing or cancelling an event, festival, trade fair or other activity;

f. claims made by customers or other third parties against the Business Customer.

6. The limitations and exclusions in this Article shall not apply where the loss or damage results from intentional misconduct or deliberate recklessness on the part of the Entrepreneur. Nor shall they apply to the extent that liability cannot be excluded or limited under mandatory law.

7. The Consumer must take reasonable steps to prevent or mitigate loss or damage and must notify the Entrepreneur in writing as soon as possible of any event that may give rise to loss or damage.

8. If the Entrepreneur fails to meet a delivery date that has been expressly guaranteed in writing and, as a result, the product is no longer suitable for the purpose previously made known by the Business Customer, the Business Customer shall be entitled to return the product. Following receipt of the returned product, the Entrepreneur shall refund the purchase price paid for the relevant product and any standard delivery charges paid.

9. The Entrepreneur’s liability towards Business Customers for exceeding a production, dispatch or delivery period shall in all circumstances be limited to the invoiced amount of the product to which the late delivery relates.

10. The Entrepreneur shall not be liable for any indirect or consequential loss arising from late delivery. This includes, but is not limited to:

a. costs relating to photographers, models, studios, locations or other engaged third parties;

b. costs of cancelling or rescheduling a photo shoot, event, festival, trade fair or production;

c. loss of turnover, profit or anticipated savings;

d. loss of production or business interruption;

e. staff costs, advertising costs or preparatory costs;

f. reputational damage;

g. claims made by customers or other third parties against the Business Customer.

12. The foregoing shall also apply where, before the Agreement was concluded, the Trader was aware of the intended use of the product or the potential consequences of late delivery. The Trader shall only be liable for such additional costs if, before the Agreement was concluded, the Trader expressly confirmed in writing that it accepted such liability.