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General Terms and Conditions Consumer (B2C)

Table of contents:

IMPORTANT!

JT-Products products are exclusively intended for off-road or circuit use . Using our products on vehicles for use on public roads is strongly discouraged and may conflict with local laws and regulations. Purchase implies that you understand that our products are not intended for public use .

JT-Products excludes any responsibility or liability for any damage or consequences resulting from use on public roads. We strongly recommend that you seek professional and technical advice Ignoring these guidelines can lead to dangerous situations.

Article 1 - Definitions

In these conditions the following definitions apply:

  • Additional Agreement: an Agreement whereby the Consumer acquires products in connection with a Distance Agreement and these goods are delivered by JT-Products or by a third party based on an agreement between that third party and JT-Products;
  • Reflection period: the period within which the Consumer can exercise his Right of Withdrawal;
  • Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
  • Day: Calendar day;
  • Duration Agreement: an Agreement that extends to the regular delivery of goods during a certain period;
  • Durable Data Carrier: any tool - including e-mail - that enables the Consumer or JT-Products to store information that is personally addressed to him in a manner that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
  • Right of withdrawal: the Consumer's option to cancel the Distance Agreement within the Cooling-Off Period;
  • JT-Products: the private company JT-Products, registered with the Chamber of Commerce under 94689962 and located at Minden 21 (7327 AW) in Apeldoorn, the Netherlands;
  • Agreement: any agreement concluded between JT-Products and the Consumer, any amendment or addition thereto, as well as all (legal) acts in preparation and implementation of that Agreement;
  • Distance Agreement: an Agreement concluded between JT-Products and the Consumer in the context of an organized system for distance selling of products, whereby one or more techniques are used exclusively or partly up to and including the conclusion of the Agreement. for remote communication;
  • Remote communication technology: means that can be used to conclude an Agreement, without the Consumer and JT-Products having to meet in the same room at the same time;
  • Business Customer: any natural person or legal entity who acts in the exercise of his profession or business and/or who is registered with the trade register of the Chamber of Commerce in the Netherlands or the Belgian Trade Register and/or who has a JT-Products created business account and with whom JT-Products enters into an Agreement or to whom JT-Products makes an offer;

Article 2 - Applicability

  1. These general terms and conditions apply to every offer from JT-Products and to every Distance Agreement concluded between JT-Products and the Consumer. The applicability of any purchasing or other conditions of the Consumer is expressly rejected.
  2. These Terms and Conditions expressly do not apply to Agreements with Business Customers.
  3. If one or more provisions in these Terms and Conditions are wholly or partially null and void or annulled at any time, the remainder of these Terms and Conditions will remain fully applicable.
  4. If JT-Products does not always require strict compliance with these Terms and Conditions, this does not mean that their provisions do not apply, or that JT-Products would in any way lose the right to require strict compliance with these Terms and Conditions in other cases.

Article 3 – Account and Password

  1. Consumer can create an account to place an order on the website. To create an account, the Consumer must enter the following information:
    • E-mail address
    • Username (optional)
    • Password (self-chosen)
  2. An account can only be created once with a specific email address. An account is strictly personal, non-transferable and linked to the Consumer who created and activated the account.
  3. When creating an account, the Consumer provides a (self-chosen) password and email address. This password - in combination with the email address provided - is necessary to log in to the account and place an order.
  4. The consumer guarantees that the information he provides to JT-Products in the context of his account and any further order is correct, complete and up to date. Consumers can change their account details online by logging into their account.
  5. The Consumer must treat the password confidentially and with care and the Consumer must take reasonable measures to prevent unauthorized persons from taking note of and using the password and/or his account.
  6. The consumer must immediately report loss, theft or (suspected) misuse or improper use by a third party of the password and/or account to JT-Products in writing. Until the time of actual receipt by JT-Products of this notification, the Consumer is liable for all damage resulting from the use made with the password and/or account.
  7. If JT-Products discovers or can reasonably suspect that unauthorized persons are using or may use the Consumer's password and/or account, JT-Products has the right to immediately block the Consumer's account and password and to report any damage that JT may cause. -Products may recover any losses suffered as a result from the Consumer, without JT-Products being liable for damage on the part of the Consumer.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
  2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Consumer. If JT-Products uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer do not bind JT-Products.
  3. Each offer contains such information that it is clear to the Consumer what the rights and obligations are associated with acceptance of the offer.

Article 5 - The Agreement

  1. The Agreement is concluded, subject to the provisions of paragraph 4, at the time of the Consumer's acceptance of the offer and compliance with the conditions set.
  2. If the Consumer has accepted the offer electronically, JT-Products will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by JT-Products, the Consumer can terminate the Agreement.
  3. If the Agreement is concluded electronically, JT-Products will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the Consumer can pay electronically, JT-Products will take appropriate security measures.
  4. JT-Products can - 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 Agreement. If, based on this investigation, JT-Products has good reasons not to enter into the Agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
  5. In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

  1. The Consumer can terminate an Agreement relating to the purchase of a product during a Cooling-off Period of at least 14 Days without giving reasons. JT-Products may ask the Consumer for the reason for withdrawal, but does not oblige him to state his reason(s).
  2. The Cooling-Off Period referred to in paragraph 1 commences on the Day after the Consumer, or a third party designated in advance by the Consumer, who is not the carrier, has received the product, or:
    • if the Consumer has ordered multiple products in the same order: the Day on which the Consumer, or a third party designated by him, received the last product. JT-Products may, provided it has clearly informed the Consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
    • if the delivery of a product consists of several shipments or parts: the Day on which the Consumer, or a third party designated by him, has received the last shipment or part;
    • in the case of Agreements for regular delivery of products during a certain period: the Day on which the Consumer, or a third party designated by him, received the first product.

Article 7 - Obligations of the Consumer during the Cooling-Off Period

  1. During the Cooling-Off Period, the Consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the Consumer may only handle and inspect the product as he would in a store.
  2. The Consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
  3. The Consumer is not liable for depreciation of the product if JT-Products has not provided him with all legally required information about the Right of Withdrawal before or at the time of concluding the Agreement.

Article 8 - Exercise of the Right of Withdrawal by the Consumer and costs thereof

  1. If the Consumer exercises his Right of Withdrawal, he must report this to JT-Products within the cooling-off period by means of the withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 Days from the Day following the notification referred to in paragraph 1, the Consumer shall return the product or hand it over to (an authorized representative of) JT-Products. This is not necessary if JT-Products has offered to collect the product itself. The Consumer has in any case observed the return period if he returns the product before the Cooling-Off Period has expired.
  3. The Consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by JT-Products.
  4. The risk and burden of proof for the correct and timely exercise of the Right of Withdrawal lies with the Consumer.
  5. The Consumer bears the direct costs of returning the product. If JT-Products has not stated that the Consumer must bear these costs or if JT-Products indicates that it will bear the costs itself, the Consumer does not have to bear the costs for return.
  6. If the Consumer exercises his Right of Withdrawal, all Additional Agreements will be terminated by operation of law.

Article 9 - Obligations of JT-Products in the event of withdrawal

  1. If JT-Products enables the notification of withdrawal by the Consumer electronically, it will immediately send a confirmation of receipt after receiving this notification.
  2. JT-Products will reimburse all payments made by the Consumer, including any delivery costs charged by JT-Products for the returned product and excluding any return costs incurred by the Consumer to return the returned product, without delay but within 14 Days following the Day on which the Consumer notifies him of the revocation. Unless JT-Products offers to collect the product himself, he may wait with reimbursement until he has received the product or until the Consumer demonstrates that he has returned the product, whichever is the earlier.
  3. JT-Products uses the same payment method that the Consumer used for reimbursement, unless the Consumer agrees to another method. The refund is free of charge for the Consumer.
  4. If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, JT-Products does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of Right of Withdrawal

JT-Products can exclude the following products from the Right of Withdrawal, but only if JT-Products has clearly stated this in the offer, at least in time before concluding the Agreement:

  1. Products whose price is subject to fluctuations in the financial market over which JT-Products has no influence and which may occur within the withdrawal period;
  2. Agreements concluded during a public auction. A public auction is defined as a sales method in which products are offered by JT-Products to the Consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products. to decrease;
  3. Products manufactured according to the Consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Consumer, or which are clearly intended for a specific person;
  4. Products that spoil quickly or have a limited shelf life;
  5. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
  6. Products that, by their nature, are irreversibly mixed with other products after delivery;

Article 11 - The price

  1. During the period of validity stated in the offer, the prices of the products offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Notwithstanding the previous paragraph, JT-Products may offer products with variable prices whose prices are subject to fluctuations in the financial market and over which JT-Products has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the Agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the Agreement are only permitted if JT-Products has stipulated this and:
    • these are the result of legal regulations or provisions; or
    • the Consumer has the authority to terminate the Agreement with effect from the Day on which the price increase takes effect.
  5. The prices stated in the range of products include VAT.

Article 12 - Compliance with Agreement and additional warranty

  1. JT-Products guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. . If agreed, JT-Products also guarantees that the product is suitable for other than normal use.
  2. An additional warranty provided by JT-Products, its supplier, manufacturer or importer never limits the legal rights and claims that the Consumer can assert against JT-Products under the Agreement if JT-Products has failed to fulfill its part of the contract. the Agreement.
  3. The warranty does not cover defects in the items that have arisen as a result of normal wear and tear, or due to damage resulting from circumstances over which JT-Products has no influence, including weather conditions or damage caused during incorrect use, transport, assembly and installation by Consumer and/or third parties.
  4. An additional guarantee means any obligation of JT-Products, its supplier, importer or manufacturer in which it grants the Consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the contract. Agreement.

Article 13 - Delivery and execution

  1. JT-Products will exercise the utmost care when receiving and executing orders for products.
  2. The place of delivery is the address that the Consumer has communicated to JT-Products.
  3. Taking into account what is stated in Article 4 of these general terms and conditions, JT-Products will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the Consumer will be notified of this no later than 30 days after he has placed the order. In that case, the Consumer has the right to terminate the Agreement without costs and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, JT-Products will immediately refund the amount paid by the Consumer.
  5. The risk of damage and/or loss of products rests with JT-Products until the moment of delivery to the Consumer or a representative designated in advance and made known to JT-Products, unless expressly agreed otherwise.

Article 14 - Duration transactions: duration, cancellation and extension

Termination:
  1. The Consumer can terminate an Agreement that has been entered into for an indefinite period and that extends to the regular delivery of products at any time, taking into account the agreed cancellation rules and a notice period of no more than one month.
  2. The Consumer can terminate an Agreement that has been entered into for a fixed period and which extends to the regular delivery of products at any time towards the end of the fixed duration, taking into account the agreed cancellation rules and a notice period of no more than one month.
  3. The Consumer can cancel the Agreements referred to in the previous paragraphs:
    • cancel at any time and not be limited to cancellation at a certain time or in a certain period;
    • at least cancel in the same manner as they were entered into by him;
    • always cancel with the same notice period as JT-Products has stipulated for itself.
Extension:
  1. An Agreement that has been entered into for a specific period and that extends to the regular delivery of products may not be tacitly extended or renewed for a specific period.
  2. Notwithstanding the previous paragraph, an Agreement that has been entered into for a fixed period and which extends to the regular delivery of daily news and weeklies and magazines may be tacitly extended for a fixed period of up to three months, if the Consumer refuses to accept this extended Agreement. may terminate the extension with a notice period of no more than one month.
  3. An Agreement that has been entered into for a definite period and that extends to the regular delivery of products may only be tacitly extended for an indefinite period if the Consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the Agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. An Agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration:
  1. If an Agreement has a duration of more than one year, the Consumer may terminate the Agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 - Payment

  1. Unless otherwise stated in the Agreement or additional conditions, the amounts owed by the Consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after concluding the Agreement.
  2. The Consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to JT-Products.
  3. If the Consumer does not meet his payment obligation(s) on time, he is, after JT-Products has informed him of the late payment and JT-Products has granted the Consumer a period of 14 Days to still meet his payment obligations, If payment is not made within this 14-day period, statutory interest will be owed on the amount still owed and JT-Products is entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. JT-Products may deviate from the stated amounts and percentages for the benefit of the Consumer.

Article 16 - Use of products and liability

  1. Consumer understands and accepts that JT-Products products are exclusively intended for off-road or circuit use. JT-Products is never liable for any form of damage resulting from the use of products on public roads.
  2. The total liability of JT-Products for direct damage arising from or related to the Agreement, regardless of the nature of the claim (contract, tort or otherwise), will not exceed the total actually paid by the Consumer to JT-Products for the product giving rise to the claim.
  3. All liability of JT-Products for damage other than direct damage is excluded. This includes, but is not limited to, indirect damage, consequential damage, damage due to delayed delivery and damage due to delayed invoicing.
  4. The condition for the existence of any right to compensation is that the Consumer reports the damage in writing to JT-Products immediately, and no later than within 14 days after it occurred.
  5. Any form of compensation against JT-Products will lapse upon the mere expiration of twelve (12) months after the (alleged) claim arose.
  6. The limitations of liability included in the third paragraph of this article will lapse in the event of claims for compensation as a result of death or injury or in the event of intent or deliberate recklessness on the part of JT-Products.
  7. JT-Products is not liable for damage of any nature whatsoever caused by JT-Products based on incorrect and/or incomplete information provided by or on behalf of the Business Customer.

Article 17 - Complaints procedure

  1. Complaints about the performance of the Agreement must be submitted fully and clearly described to JT-Products within a reasonable time after the Consumer has discovered the defects.
  2. Complaints submitted to JT-Products will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, JT-Products will respond within 14 days with an acknowledgment of receipt and an indication of when the Consumer can expect a more detailed answer.
  3. The Consumer must give JT-Products at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 18 - Disputes

  1. Agreements between JT-Products and the Consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 19 - Additional or deviating provisions

  1. 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.
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