General terms and conditions
This is an automated translation from the original Dutch version and is here for your convenience.
In case of ambiguity or misinterpretation the Dutch version will allways prevail.
OPTICON.shop ('the Website') is part of JNC Service B.V. ('JNC')
|Terms and Conditions of JNC Service B.V.|
Article 1: General
1.1 These General Conditions apply to all offers and all agreements regarding the sale and supply of Products by JNC Service B.V. (JNC).
1.2 Accepting offers or placing orders, whether or not via the Website, means that the applicability of these agreement is accepted by the Customer.
1.3 JNC disclaims any general (purchasing) conditions of the Customer explicitly.
1.4 Changes to the Agreement or entered into this agreement and / or oral agreements or commitments are valid only if and when they are confirmed in writing by JNC.
The parties will then jointly decide invalid or void provisions with provisions with a similar purpose which is not void or voidable.
Article 2: Definitions
2.1 Customer: the natural or legal person who enters into an Agreement with JNC.
2.2 Terms and Conditions: these general conditions.
2.3 Agreement means the agreement relating to the delivery of the Products to Customer by JNC.
2.4 Written: in writing, by e-mail or fax.
2.5 Products: products and services offered by JNC, either through its website, offered, sold and delivered.
2.6 Warranty by the manufacturer of the product offered specific product warranty applicable at the time the guarantee is invoked by the Customer.
2.7 Intellectual Property means all intellectual property rights and related rights such as copyrights, trademark rights, patent rights, design rights, trademark rights, database rights and related rights.
2.8 Personal data: personal data as defined in the Data Protection Act.
2.9 Website: one or more of the websites operated by JNC.
Article 3: Establishment of the Agreement
3.1 All of JNC, JNC and the stated prices, fees and deadlines, are free, unless otherwise indicated.
3.2 A request or order by or on behalf of Customer via the Website to JNC is addressed only leads to the emergence of an agreement if the application or order has been confirmed in writing by JNC.
3.3 If an order by or on behalf of the customer other than through the Website is directed at JNC, JNC will the client send a written confirmation. An Agreement will then only be concluded when the confirmation JNC signed return receipt from the Customer.
3.4 Subject to proof to the contrary, the administrative details of JNC final and binding for the content of the Agreement and submit that data as proof of the Agreement.
3.5 The Customer warrants that it issues in the request or order to JNC given information is correct and complete.
3.6 JNC is at all times entitled to an order to verify this without giving any reason refuse JNC by which the Client will be notified as soon as possible.
Article 4: Registered customers on the Web
4.1 If the Customer via the Website requesting an account with JNC, JNC provided after verification and approval to the Customer a username and password. This information is strictly confidential and intended solely for use by the relevant user who logs on.
4.2 The Customer warrants that user is authorized to make orders on behalf of the Customer.
4.3 The Customer shall ensure that the user name and password strictly confidential and will use will be provided to third parties. JNC may assume that when a user logs provided by username and password, which it regards the act authorized user of the Customer.
4.4 Once the Customer knows or has reason to suspect that the username and password are abused or have come into the hands of unauthorized persons, the Customer will promptly inform about JNC, notwithstanding the personal liability of the Customer to take immediate and effective measures.
Article 5: Implementation of the Agreement
5.1 JNC will make efforts this Agreement carefully and properly to perform according to the Client Written record of agreements.
5.2 Apparent (write) errors and mistakes in the (advertising) communications, the offers of JNC on the Website and / or written confirmation is not binding JNC.
5.3 Customer will be changes to the company and any personal data, within fourteen (14) days before the commencement of the amendment concerned notify JNC. Any consequences arising from late notification of (address) changes, are the sole responsibility and risk of the Customer.
Article 6: Ownership
6.1 All Products supplied remain the property of JNC JNC or its subcontractors pursuant to the Agreement by the Customer amount of JNC are met, including any interest and / or collection fees.
6.2 Upon delivery of goods to the Customer, the risk of subsequent JNC on to the Customer.
6.3 The Customer shall not be delivered by JNC process or dispose of other than in the ordinary course of business. If the Customer (also) from JNC delivered by a new object, that object is only JNC Customer until the Customer under the Agreement, all amounts due have been paid. JNC In that case the time of full payment by the Customer all rights as owner of the created goods.
6.4 If the Customer is in default in the payment of which it is required under the Agreement due to JNC, JNC is entitled to all cases which had been delivered to Customer, to take back. The Customer irrevocably authorizes JNC all that matters on behalf of the Customer to return and do give JNC and its designated representatives authorized its premises, warehouses, factories, etc. with that purpose to enter.
Article 7: Delivery
7.1 All JNC (delivery) dates are approximate and are determined on the basis of the information and circumstances at the conclusion of the JNC Agreement became known. When delivery takes JNC never in default.
7.2 Exceeding the JNC delivery times, from any cause whatsoever, the Client never entitled to compensation or any breach of its obligation from the relevant agreement or a related Agreement.
Article 8: Prices
8.1 All prices and rates are in euros, excluding tax, shipping and any other government charges imposed at the time of the conclusion of the Agreement, unless otherwise stated.
8.2 All prices and rates mentioned on the Website, in (commercial) communications and offers are subject to JNC programming, typing, or spelling.
Article 9: Payment
9.1 Unless otherwise agreed, payment to the JNC price payable by the Customer by means of prepayment. This payment is in order through the Website, unless otherwise agreed by means of an online payment order in a manner that at the time of payment on the Website. This payment is in order, other than through the Website, unless otherwise agreed by means of a bank transfer.
9.2 If payment by invoice is agreed, payment shall be made within thirty (30) days after the invoice date unless other payment has been agreed and the written confirmation of JNC indicated.
9.3 In case the Customer fails to pay, JNC can proceed to take collection measures. The full judicial and extrajudicial costs are then borne by the Customer.
9.4 The Customer has no right of compensation. JNC conditions of payment may change if JNC considers that the financial position or performance of the Customer or the nature of the relationship with the customer so merit.
9.5 JNC is entitled to the fulfillment of its obligations under the Agreement to suspend, if the Customer of its obligations under the Agreement or these Terms fails.
Article 10: Advertising
10.1 The Customer is required to delivery the products to check for defects and deficiencies and make sure that the delivered goods are fit for the purpose for which they will be used.
10.2 Visible defects within five (5) days after receipt of the goods to be reported in writing JNC. Other defects within five (5) days after adoption, or within five (5) days after the customer could reasonably have discovered such defects, Written JNC to be reported.
10.3 If the Customer Products in any way uses or installs in Article 10.1 before the check has been made, this will be at risk of the Client and any right to complain and Warranty. The same applies if the defects within the prescribed period to be reported JNC.
Article 11: Guarantee
11.1 JNC itself does not guarantee the Products. While on the Website or in any other (commercial) expression of JNC talks about warranty, the Warranty of the manufacturer of the product intended. JNC merely acts as a contact for any warranty claims. That guarantee is subject to change. JNC can not be held liable for any adverse effects of such changes.
11.2 If the Customer in respect of a product shipped a wishes to claim the warranty, he must within the period prescribed in Article 10.2 Written contact with JNC and thereby give a breakdown of the (alleged) lack or ( alleged) defects of the Product. Subsequently, the Customer Product at its own expense and risk of JNC to return to fully complete the application on the Warranty.
11.3 JNC shall, after receipt of the returned product a first estimate whether the warranty claim under warranty. That estimate JNC can not legally binding.
11.4 If JNC estimate that the claim does not guarantee will be eligible for it will provide the Client in messages. JNC will then pose the question to the Customer or the Products shall nonetheless be forwarded to the manufacturer.
11.5 If JNC estimate that the claim is for guarantee will be eligible, it will further Products to settle the forward to the manufacturer warranty.
11.6 To the extent the manufacturer warranty claims honors are for this customer - unless the shipping from Article 11.2 - no charge.
11.7 Where the manufacturer, for whatever reason, the appeal to the JNC will guarantee to customer rejects the reason for rejection state. The Client is then with the invocation of the guarantee costs involved - at least consisting of JNC investigation costs, investigation costs and all transportation from manufacturer - entirely due to JNC.
Article 12: Intellectual Property
12.1 All copyright and other Intellectual Property Rights relating to the Website, all (advertising) and the expressions of JNC by JNC JNC Products sold are vested in and / or its licensors. The Customer acknowledges these rights and guarantees that he will abstain from any breach.
12.2 The Website contains hyperlinks to other websites operated by third parties. JNC has no effect on the information, products and services listed on these sites and accepts no liability for damages in any way resulting from the use of these websites.
Article 13: Privacy / Data processing
13.1 JNC processing of personal data (individuals employed by) the Customer under the following purposes:
a the creation and implementation of the Agreement;
b in touch with the customer;
c JNC by conducting market research, marketing and direct marketing for the JNC Products and its affiliates.
13.2 JNC will provide appropriate technical and organizational measures to protect personal data against loss or any form of unlawful processing.
Article 14: Liability
14.1 JNC is wilfulness and gross negligence, in no way responsible for any damage resulting from any inaccuracy and / or incomplete and / or illegality of the contents of the Website or any other (advertising) expression of JNC, the (incorrect) Use of the Website or other manifestations of JNC (such as order forms) by the Customer and providing false information by the Customer. JNC is also subject to intent and gross negligence, in no way responsible for any damage resulting from the delivered products and / or any deficiency in the performance of the Agreement or violate any other obligations to the Customer.
14.2 Damages referred to in paragraph 1 of this article, in the opinion of the Client due to the gross negligence of JNC, as soon as possible and in any event within thirty (30) days after it occurs JNC writing to be reported. Damage within the aforementioned period was notified of JNC, is not recoverable, unless the customer can demonstrate that the damage could not reasonably able to report.
Article 15: Engaging others
15.1 JNC is entitled to the execution of agreements to use the services of third parties, either by subcontracting or by hiring temporary staff. These third parties in implementing the Agreement empowered to act as an employee of JNC. The provisions concerning the limitation of liability, as provided in Article 14, apply to such third parties.
Article 16: Force Majeure
16.1 If JNC due to a circumstance beyond her accountable is prevented or seriously hampered for any obligation to, then JNC entitled to suspend its obligations under the Agreement to suspend with immediate effect to dissolve JNC without in any way is liable or damages to the Customer. If the period of force majeure has lasted longer than three months, both the Customer and JNC entitled to terminate the agreement in writing, not to the other party liable for damages.
Article 17: Complaints
17.1 Subject to Article 10 ("advertising") and Article 11 ("Warranty") applies to other problems the following procedure.
17.2 Complaints about the service by the Customer of JNC should be submitted in writing at JNC.
17.3 JNC will only investigate complaints within a period of four (24) hours into consideration. Days not working days in this period are disregarded.
17.4 A complaint must be sufficiently motivated and supported by means of written evidence. If (enough) Written justification and / or support missing, JNC provides the Customer the opportunity once her complaint within the period prescribed by JNC, detailed written specification and / or underpinning. If after this period again (enough) Written justification and / or support is missing, the complaint without further JNC (content) to reject treatment.
17.5 JNC will make efforts to the complaint as quickly and effectively as possible.
17.6 Where JNC considers that additional documents required by the Customer to settle the complaint, the Customer will provide its full cooperation.
17.7 Once the JNC handling of the complaint has been completed, it will inform the Client in writing. It will indicate how it intended to honor or not.
17.8 The same complaint is not allowed to submit more than once. If the customer is not satisfied with the handling of the complaint, the Customer is (obviously) free the dispute to the competent court of law.
Article 18: Applicable law and jurisdiction
18.1 All agreements concluded under these Terms and / or obligations arising from or related to Dutch law. The Vienna Sales Convention 1980 (CISG) is expressly not apply.
18.2 All disputes arising under the Agreement and / or related or resulting contract shall be submitted exclusively to the competent court in Utrecht.