General Terms and Conditions
Article 1 – Definitions
In these terms and conditions the following terms shall have the following meanings:
- Entrepreneur : the natural or legal person who offers products and/or services remotely to consumers;
- 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;
- 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;
- 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;
- Reflection period : the period within which the consumer can make use of his right of withdrawal;
- Right of withdrawal : the possibility for the consumer to cancel the distance contract within the cooling-off period;
- Day : calendar day;
- 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;
- 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.
Article 2 – Identity of the entrepreneur
Statutory name: J.H. Machining V.O.F.
Business address: Rouaanstraat 21-F
Postcode location address: 9723CB Groningen The Netherlands
Visiting address: SRouaanstraat 21-F (visits by appointment)
Postal code visiting address: 9723CB, Groningen
Phone number: +31 6510 140 80
Email address: info@jhmachining.nl
Chamber of Commerce number: 71255583
VAT identification number: NL002357436B56
Article 3 – Applicability
- 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.
- 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.
- 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.
Article 4 – The offer
- If an offer has a limited period of validity or is made 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 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.
- 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:
- the price including taxes;
- any costs of delivery;
- the manner in which the agreement will be concluded and the actions required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or performance of the agreement;
- the period for accepting the offer or the period for honoring the price;
- 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;
Article 5 – The agreement
- 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.
- 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.
- 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.
- 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.
- 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 company 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.
Article 6 – Right of withdrawal upon delivery of services
- 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).
- The reflection period referred to in paragraph 1 commences on the day after the entrepreneur has sent the product.
Article 7 – Costs in case of revocation
- If the consumer exercises his right of withdrawal, he will be responsible for at most the costs of return.
- 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.
Article 8 – Exclusion of the right of withdrawal
- 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.
- Exclusion of the right of withdrawal is only possible for products:
- which have been created by the entrepreneur in accordance with the consumer’s specifications;
- that are clearly personal in nature;
- which by their nature cannot be returned;
- that can spoil or become outdated quickly;
- the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software where the consumer has broken the seal.
- 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.
Article 9 – The price
- 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.
- 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.
- Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement on the day on which the price increase takes effect.
- The prices stated in the offer of products or services are exclusive of VAT.
Article 10 – Conformity and Warranty
- 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.
- 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.
Article 11 – Delivery and execution
- The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- Taking into account what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 6 working days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will receive notification of this at the latest 5 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs.
- 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.
- 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.
- 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.
Article 12 – Payment
- Unless otherwise agreed, amounts owed by the consumer must be paid within fourteen days of sending the invoice.
- 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.
- The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
Article 13 – Complaints procedure
- The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- 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.
- 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..
Article 14 – Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
JH Machining – Privacy Statement
This privacy statement applies to all personal data collected through our webshop for the sale of branding irons.
1. Responsible
JH Machining
Rouenstraat 21F
9723CB, Groningen
The Netherlands
KvK: 93516967
E-mail: info@jhmachining.nl
2. Personal data that we process
We process your personal data when you:
-places an order
-contact us
-pays via a payment provider such as credit card, PayPal or iDEAL
We process, among other things:
-Name
-Address details
-Email address
-Phone number (optional)
-Payment details (via external payment provider)
3. Purposes
We process your data for:
-processing your order
-customer service and after sales
-comply with legal obligations (such as tax legislation)
-processing payments through a certified payment provider
4. Sharing with third parties
We only share data with:
-our payment provider(s)
-carriers (such as PostNL, DHL)
-our bookkeeper/accountant
We never sell your data to third parties.
5. Retention period
Data will be stored for as long as necessary to process orders and in accordance with statutory retention periods (e.g. 7 years for tax data).
6. Rights of data subjects
You have the right to access, correct, delete and data portability of your data. To do so, please contact us via the above email address.
7. Security
We take appropriate security measures to protect your data, including encryption of payment transactions.