Index:
Article 1 – Identity of JK DRUM SYSTEMS
Article 2 – Definitions
Article 3 – Applicability
Article 4 – Offers
Article 5 – The agreement
Article 6 – Right of withdrawal for the consumer
Article 7 – Obligations of the consumer during the appraisal period
Article 8 – Costs in case of revocation
Article 9 – Obligations of JK DRUM SYSTEMS upon revocation
Article 10 – The price
Article 11 – Conformity and Warranty
Article 12 – Delivery and execution
Article 13 – Payment
Article 14 – Complaints
Article 15 – Liability
Article 16 – Applicable law and competent court
Article 1 – Definitions
JK Drum Systems
De Kolper 4
5366 KG, Megen
Phone number: +31 (0) 627823445
Email:
Chamber of Commerce: 65986407
VAT number: NL046309238B01
Article 2 – Identity of the entrepreneur
These terms and conditions include:
1.Prayer period: The term within which consumers can use their right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of occupation or business and a remote agreement;
3. Day: calendar day;
4. Sustainable data carrier: any means, including email, that enables the consumer or entrepreneur to store information directed to him personally in a way that allows future consultation and unmodified reproduction of the stored information;
5. Right of withdrawal: The possibility for the consumer to refrain from the distance agreement within the concealable period;
6. Buyer: Every legal entity and natural person to whom JK DRUM SYSTEMS directs its offers and with whom JK DRUM SYSTEMS concludes an agreement;
7. Model Form: The European Model Form for Revocation set out in Annex 1 to these Terms and Conditions;
8. Entrepreneur: The natural or legal person who offers products and / or services to consumers at a distance;
9. Remote Agreement: an agreement whereby only one or more remote communication techniques are used in the context of a distance selling system from the date of conclusion of the agreement;
10. Remote communication technology: means that can be used for the conclusion of an agreement without the simultaneous integration of parties into the same space;
11. Terms and Conditions: the present Terms and Conditions;
Article 3 – Applicability
These terms and conditions apply to any offer of JK DRUM SYSTEMS and to any agreement concluded with JK DRUM SYSTEMS. Deviations and / or additions to these terms and conditions are binding only if they have been agreed in writing.
Once these Terms and Conditions have been contracted, these Terms and Conditions also apply to future transactions between the same parties.
Article 4 – Offers
1. All offers of JK DRUM SYSTEMS are free of charge, unless expressly agreed otherwise in writing. If an offer has a limited period of validity or is subject to conditions, this is explicitly stated in the offer.
2. The offer contains a description of the products offered. The description is sufficiently detailed to allow a good assessment of the offer by the buyer. All descriptions and illustrations provided by JK DRUM SYSTEMS are intended as an indication. Apparent errors or errors in the offer do not bind JK DRUM SYSTEMS.
Article 5 – The agreement
1. The agreement shall, subject to the provisions of paragraph 4, be concluded at the time of acceptance by the buyer of the offer and compliance with the conditions attached thereto.
2. If the buyer has accepted the offer by electronic means, JK DRUM SYSTEMS will immediately acknowledge receipt of acceptance of the offer by electronic means. As long as the acceptance of this acceptance is not confirmed by JK DRUM SYSTEMS, the buyer can terminate the agreement.
3. If the agreement is established electronically, JK DRUM SYSTEMS adopts appropriate technical and organizational measures to ensure the electronic data transfer and ensures a secure web environment. If the buyer can pay electronically, JK DRUM SYSTEMS will take appropriate safety measures.
4. JK DRUM SYSTEMS may, within legal frameworks, inform whether the buyer is able to meet its payment obligations, as well as all the facts and factors that are relevant for the accountability of the remote agreement. If, on the basis of this investigation, JK DRUM SYSTEMS has good grounds for not entering into the agreement, it is entitled to refuse an order or application or to impose special conditions on the execution.
JK DRUM SYSTEMS may, within legal frameworks, inform whether the buyer is able to meet its payment obligations, as well as all the facts and factors that are relevant for the accountability of the remote agreement. If, on the basis of this investigation, JK DRUM SYSTEMS has good grounds for not entering into the agreement, it is entitled to refuse an order or application or to impose special conditions on the execution.
5. JK DRUM SYSTEMS shall, at the time of delivery of the product to the consumer, send the following information, in writing or in a manner that is accessible by the consumer in an accessible manner to a sustainable data carrier: a. The visit address of the JK establishment DRUM SYSTEMS where the consumer is entitled to complaints; b. the conditions under which and the manner in which the consumer may make use of the right of withdrawal or a clear notification of the exclusion of the right of withdrawal; c. the information about guarantees and existing post-purchase service; d. the price including all taxes on the product, as applicable, the cost of delivery and the manner of payment, delivery or performance of the remote agreement; e. The terms for termination of the agreement if the agreement lasts for more than one year or indefinite duration is; f. If the consumer has a right of withdrawal, the Model Form for revocation.
Article 6 – Consumer right of withdrawal
1. The consumer may dissolve a contract relating to the purchase of a product for a period of 14 days without giving reasons. JK DRUM SYSTEMS asks the consumer for the reason for revocation, but it is not required for its reason (s).
2. The period referred to in paragraph 1 shall commence on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or: a. If the consumer has ordered several products in the same order: the date on which the consumer, or a third party designated by him, received the last product. JK DRUM SYSTEMS may, if he has informed the consumer clearly in advance of the ordering process, refuse an order of multiple products with a different delivery time. b. if the delivery of a product consists of different consignments or parts: the date on which the consumer, or a third party designated by him, received the last consignment or the last item; c. for regular delivery of products for a specified period: the date on which the consumer, or a third party designated by him, received the first product.
Article 7 – Obligations of the consumer during the appraisal period
1. During the bedtime, the consumer will carefully handle the product and the packaging. He will only extract or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer can only handle and inspect the product as he should do in a store. If he makes use of his right of withdrawal, he will return the product to all JK DRUM SYSTEMS with all supplied accessories and in the original condition and packaging, in accordance with the reasonable and clear instructions provided by JK DRUM SYSTEMS. Used products need not be taken back by JK DRUM SYSTEMS.
2. The consumer is liable for impairment of the product resulting from a way of handling the product beyond what is permitted under Article 7.1.
Article 8 – Costs in case of revocation
1. If the consumer makes use of his right of withdrawal, he will report this within 14 days by means of the Model Form for revocation to JK DRUM SYSTEMS.
2. As soon as possible, but within 14 days of the day following the notification referred to in paragraph 1, the consumer sends the product back, or hands it over to (an authorized) of JK DRUM SYSTEMS. This does not have to be done if JK DRUM SYSTEMS offered to pick up the product itself. In any case, the consumer has complied with the return period when returning the product before the time has expired.
3. The consumer will return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by JK DRUM SYSTEMS.
4. The risk and burden of proof for the right and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer carries the direct cost of returning the product. If JK DRUM SYSTEMS indicates in writing the costs themselves, the consumer does not have to bear the cost of returning.
Article 9 – Obligations of JK DRUM SYSTEMS upon revocation
1. JK DRUM SYSTEMS electronically makes the notification of recall by the consumer, upon receipt of this notification, he sends a confirmation of receipt immediately.
2. JK DRUM SYSTEMS will reimburse all consumer payments, including any delivery costs charged to the consumer by JK DRUM SYSTEMS within 14 days of receipt of the notice that the consumer makes use of his right of withdrawal. JK DRUM SYSTEMS may wait for repayment until he has received the product return or demonstrates to the consumer that he has returned the product.
3. JK DRUM SYSTEMS uses the same means of payment used by the consumer for repayment unless the consumer agrees with another method. The refund is free for the consumer.
4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, JK DRUM SYSTEMS does not have to pay back the additional cost for the more expensive method.
Article 10 – The price
1. The prices mentioned in the offer are inclusive of VAT and are in Euro.
2. During the period of validity of the offer, prices of the products offered will not be increased, except for price changes due to changes in VAT rates.
3. Price increases within 3 months after the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if JK DRUM SYSTEMS has stated this and: a. These are due to statutory regulations or provisions; or b. the consumer has the power to terminate the agreement as of the date of the price increase.
Article 11 – Conformity and Warranty
1. JK DRUM SYSTEMS means that the products comply with the agreement, to the reasonable requirements of validity and / or usability and the legal provisions and / or government regulations existing on the date of the conclusion of the agreement.
2. JK DRUM SYSTEMS gives 1 year warranty on the products provided, provided that the buyer has used the products in accordance with the instructions provided by JK DRUM SYSTEMS and complies with the warranty conditions of JK DRUM SYSTEMS. This warranty applies only to the first owner and is not transferable.
3. The warranty referred to in Article 11.2 shall not apply if: a. The safety or operating instructions have not been complied with; b. Adjustments have been made to the original state or repairs have been made by a person not authorized by JK DRUM SYSTEMS; c. There is normal wear of parts, excessive use, water damage or damage caused by extreme weather conditions; d. Incorrect and / or careless use or use that is not in accordance with the destination of the product; e. The product will remain used, despite damage and / or defects already discovered, and this use aggravates the damage.
4. A further warranty provided by JK DRUM SYSTEMS, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer may incur under the agreement against JK DRUM SYSTEMS if JK DRUM SYSTEMS has failed to fulfill its part of the agreement.
5. Additional Warranty is understood to mean any undertaking of JK DRUM SYSTEMS, its supplier, importer or producer in which it grants to the consumer certain rights or claims that go beyond what is legally obligatory in the event of failure to comply with its part of the agreement.
Article 12 – Delivery and execution
1. As a place of delivery, the address that the consumer has made known to JK DRUM SYSTEMS in his order.
2. Considering what is stated in these terms and conditions, JK DRUM SYSTEMS will accept accepted orders as soon as possible but no later than 30 days, unless another delivery date has been agreed. The delivery period is based on timely delivery of the goods and / or parts ordered by JK DRUM SYSTEMS for execution of the agreement. Delivery terms are never fatal. If delivery is delayed or if an order can not be executed, or only partially, the buyer will receive a message within 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost.
3. After dissolution in accordance with the previous paragraph, JK DRUM SYSTEMS will refund the amount paid by the consumer without delay.
Article 13 – Payment
1. When prepayment is made, the consumer can not make any right regarding the execution of the relevant order or service (s) before the prepaid payment has taken place.
2. Consumers are obliged to report to JK DRUM SYSTEMS without delay in reported or reported payment information.
Article 14 – Complaints
1. The buyer is obliged to approve the products as soon as received by him and to determine whether they are in order.
2. Any complaints about the products or the performance of the agreement must be fully and clearly stated in writing by e-mail or by e-mail within JK DRUM SYSTEMS within a reasonable period of time after the buyer has found the defects. Under due time it is understood within 14 days of receipt of the products or moment at which the defects could reasonably have been discovered. In case of perceptible defects, complaints must be reported to JK DRUM SYSTEMS within 24 hours of receipt of the products.
3. The complaints submitted to JK DRUM SYSTEMS will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, JK DRUM SYSTEMS will reply within 14 days with a notice of receipt and an indication when the buyer can expect a more comprehensive response.
4. The purchaser must at least give JK DRUM SYSTEMS 4 weeks to resolve the complaint by mutual agreement.
Article 15 – Liability
1. JK DRUM SYSTEMS has concluded a liability insurance. Any liability in connection with the performance of an agreement or otherwise is limited to the amount paid in the specific case under the liability insurance, plus the own risk applicable under that insurance agreement in the particular case.
2. JK DRUM SYSTEMS is not liable for damage resulting from improper use, failure to follow instructions and / or failure to observe safety precautions.
3. Any liability for consequential damages is expressly excluded, unless otherwise provided by a compulsory provision.
4. A claim claimed by JK DRUM SYSTEM under the terms of warranty referred to in Article 11 expressly does not expressly acknowledge JK DRUM SYSTEMS liability for any damage suffered by the buyer or by third parties or to the buyer or third parties
Article 16 – Applicable law and competent court
1. All agreements between JK DRUM SYSTEMS and the consumer are governed by Dutch law.
2. Any dispute will be settled exclusively by the competent Dutch court in the district of East Brabant.
Annex I: Model form for revocation
(Complete this form only and return it when you want to revoke the agreement)
To:
JK DRUM SYSTEMS
De Kolper 4
5366 KG, Megen
– I / We * share / share * hereby inform you that / we * revoke / revoke our agreement on the sale of the following products *:
– Ordered on * / Received on *
– [Consumer Name (s)]
– [Consumer Address (es)]
– [Signature of consumer (s)] (only when this form is submitted on paper)
* Delete what does not apply or complete what is applicable.