1. Jacky Art, registered with the Chamber of Commerce under number 58889167r, established in Arnhem at Van Slichtenhorststraat 36 30 (6821CM), user of these general terms and conditions.
2. Customer: the (potential) customer of the goods or services offered by Jacky Zegers.
1. By means of offer and acceptance, for example in the order procedure on the website of Jacky Zegers or by means of the purchase of goods in the physical store of Jacky Zegers, the parties declare these general terms and conditions applicable to the agreement that parties have entered into with each other. Insofar as the content thereof has not been changed, these general terms and conditions will also apply to future contractual relationships between the parties.
2. Deviations from these terms and conditions apply only insofar as they have been expressly agreed in writing by the parties.
3. General (purchase) conditions of the Client are explicitly rejected.
4. Third parties involved by Jacky Zegers in the implementation of the agreement can also invoke these general terms and conditions.
5. If one or more (part (s)) of the provisions of these general terms and conditions are invalid or destroyed, the other provisions of these general terms and conditions remain applicable. The parties will then enter into consultations to agree on new rules to replace the invalid or nullified provisions, which will reflect as much as possible the purpose and purport of the invalid or nullified provisions.
3. Offer and agreement
1. Every offer, in the form of a quotation or otherwise, is completely and unconditionally without obligation and revocable, unless stated otherwise in writing by Jacky Zegers.
2. Each offer applies only insofar as stocks last.
3. All statements by Jacky Zegers of numbers, sizes, weights and color of the articles in the designs, samples, prototypes, drawings, images, photos or models shown or provided are only indications. A minor deviation from this in the delivered article does not lead to a shortcoming in the fulfillment of the agreement on the part of Jacky Zegers.
4. An offer does not automatically apply to repeat orders.
5. Jacky Zegers is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Jacky Zegers will notify this within two (2) working days after receipt of the order. In that case no agreement has been concluded.
6. The agreement is expressly entered into under the suspensive condition of sufficient
availability of the ordered products or raw materials to be used.
4. Execution and / or delivery
1. Jacky Zegers will try to fulfill the agreement within the indicated / estimated term. This term is not fatal, as a result of which the Customer must always first declare Jacky Zegers in default, whereby a long and reasonable term of at least 30 days must be set before any remedy can be taken.
2. If Jacky Zegers takes care of the delivery / delivery, the Customer must provide a delivery address where Jacky Zegers can deliver / deliver the goods to be delivered on the specified date between 08.00 and 18.00. If the Customer is not present on the specified date at the time the goods are delivered, the costs for offering the goods will be borne by the Customer at a subsequent time. The Customer will then be able to receive a message that the order can be picked up at a location indicated by Jacky Zegers after payment of the additional costs, including the logistics (planning) costs at the storage location due to unexpected extra storage.
3. Jacky Zegers is entitled to make use of competent third parties for the implementation of the agreement if, in the opinion of Jacky Zegers, this is desirable with a view to optimal performance of the agreement for the Client. Pursuant to this, article 7: 404 BW does not apply to the agreement.
4. The risk of loss or depreciation of the goods to be delivered passes to the Customer from the moment they are made available to him or would be made available, but this moment is delayed under the responsibility of the Customer. This regardless of whether the transfer of
ownership has already taken place.
5. Jacky Zegers represents the interests of The Client within the limits of the
issued assignment. Jacky Zegers will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. The Client acknowledges that Jacky Zegers has artistic freedom in the performance of the agreement. All services of Jacky Zegers are performed on the basis of a best efforts obligation, unless and insofar as Jacky Zegers has explicitly promised a result / characteristic in the written agreement and the result / characteristic concerned has also been described with sufficient clarity.
6. The Client will ensure that all information, of which Jacky Zegers indicates that it is necessary or of which the Client should reasonably understand that it is necessary for the execution of the agreement, is provided to Jacky Zegers in a timely manner. The Customer bears the risk and responsibility for the correct and timely delivery of the required information and its content, regardless of how The Customer
delivers it. If the required information is not provided to Jacky Zegers on time, Jacky Zegers has the right to suspend the execution of the agreement and / or to charge the Customer the additional costs resulting from the delay according to the usual rates.
5. Obligations of the Client
1. If the obligations of Jacky Zegers include the placement or delivery of a work at the location of the Client, the Client must give Jacky Zegers the opportunity to perform the agreement. This includes:
a) The Client or a person designated by the Client must be present at the time of delivery and / or commencement of the work for the placement of the work;
b) Ensuring that any work and / or deliveries to be carried out by third parties, which are not part of the assignment of Jacky Zegers, are carried out in such a way and in such a timely manner that the execution of the assignment is not delayed;
c) The layout of the site or the space on or in which the work must be placed in such a way that Jacky Zegers can start with the execution immediately upon arrival;
d) Jacky Zegers must be able to enter the site or the space in which the work is to be placed at all times during the installation. The Client must therefore be present during the execution of the assignment or provide an access option, for example by making a key available.
6. Art. 7: 408 and 7: 764 BW are excluded from the agreement.
6. Guarantee and liability
1. The Client is obliged to check the delivery and execution as soon as possible, but within 48 hours for conformity with regard to quantity and quality. If the performance is not in accordance with the agreement, and therefore there is a defect, the Customer
must inform Jacky Zegers of this within 8 days after delivery or after this defect could reasonably have been discovered.
2. After the information as referred to in the previous paragraph has been provided, Jacky Zegers will reasonably repair or replace the defect free of charge. If neither of the two remedies described above offers a solution to effectively remedy the defect, the Customer has the right to dissolve the agreement, whereby the Customer bears the costs for returning the delivered goods and is never entitled to compensation.
3. If the defect has arisen due to an error attributable to the Client or if the Client has informed Jacky Zegers of the defect too late, his right to repair, replacement or possible dissolution as described in this article will lapse. The burden of proof with regard to the attribution of the error lies with the Customer.
4. The existence of a defect does not suspend the Customer's payment obligation.
5. The Customer is never entitled to any remedy if the article
has been used incorrectly or carelessly.
6. The work has been completed and thus approved when Jacky Zegers has notified the Client that the assignment has been completed and the Client has accepted this work. Completion has also taken place if:
a) 8 days have passed after the Client has received notification that the work has been completed and has failed to accept the work within that period, but has not refused it either;
b) Jacky Zegers has sent the invoice and the Customer has paid the entire purchase price.
7. Jacky Zegers is not liable for damage as a result of subsidence of the object as a result of circumstances in the bottom of the ground.
8. If the Customer observes a defect during delivery or the work shows a defect after delivery that could not reasonably be detected during delivery and this defect can be attributed to Jacky Zegers, Jacky Zegers must be given the opportunity to to repair the defect within a reasonable period of time or to limit the resulting damage. Within this period, the Customer is not entitled to any remedy.
9. After the day on which the work is deemed to have been delivered, the work is at the risk of the Client. The warranty cannot be invoked if the defect is due to poor maintenance of the delivered work, for example by not preventing rot and not carrying out maintenance, etc. The customer is obliged to maintain and use the goods as a good house father. The customer undertakes to allow the goods to be used only by persons who have been properly instructed in their use. If the aforementioned is not observed or if extras and / or changes, in whatever form, are made by the Customer, any warranty will lapse.
10. Damage to the object as a result of extreme weather conditions such as storm and hail cannot lead to liability of Jacky Zegers. If a work is labeled as suitable outside, this does not mean that it can be exposed unrestrictedly to rain and / or freezing temperatures and / or temperatures above 25 degrees.
11. In the unlikely event that during the execution of the agreement an event, including an omission, occurs that leads to liability of Jacky Zegers, then that liability will at all times be limited to the amount or amounts paid by Jacky Zegers taken out professional or business liability insurance, or else the invoice amount involved in the agreement increased by 15%.
12. Except insofar as the damage is the result of intent or deliberate fault, any liability of Jacky Zegers is limited to repairing foreseeable, direct and personal damage suffered by the Customer, to the exclusion of all indirect or immaterial damage such as, but not limited to, lost revenue and profits, loss or corruption of data, loss of contracts, additional costs.
1. The offer has been made in consultation. By concluding the agreement, the parties consider the prices reasonable and fair.
2. Unless otherwise agreed, the Client must have paid the amount due in full prior to the execution after receipt of the invoice by means of a bank transfer.
3. If the agreed payment term is exceeded, Jacky Zegers is immediately entitled to charge the Client default interest of 1% of the principal sum per month as well as an amount for the extrajudicial collection costs
. The latter costs amount to 15% of the principal amount due with a minimum amount of EUR. 100, - excluding VAT.
4. Without the express and written permission of Jacky Zegers, the
Client is not permitted to apply its payment obligations to set-off and / or suspension and / or withholding.
5. Unless otherwise agreed, the assignment does not include an investigation into the existence of patent, copyright and portrait rights of third parties. The same applies to any investigation into the possibility of such forms of protection for the Client.
8. Retention of
title 1. Contrary to the actual provision of power, the ownership of the articles to be delivered will only transfer to the Customer after he has paid in full all that the Customer owes or will owe to Jacky Zegers in respect of the agreement. This therefore not only includes the purchase price, but also any further fines, additional costs or extrajudicial collection costs due.
2. Pursuant to this retention of title, the Customer is therefore not entitled to alienate or encumber the goods with, for example, a right of pledge.
3. In connection with the effectiveness of the retention of title, the Client undertakes to inform Jacky Zegers in a timely and adequate manner in the event of an impending bankruptcy, suspension of payments or debt restructuring or if third parties threaten to seize one of the goods delivered with retention of title. The Customer is also obliged to adequately insure the goods delivered under retention of title against damage and theft.
4. If the Customer is in default of any obligation under the agreement, the Customer is obliged to provide all necessary cooperation at the request of Jacky Zegers, so that Jacky Zegers can again dispose of the delivered goods unencumbered. This includes any obligation to return the goods at the request of Jacky Zegers.
9. Force majeure
1. Force majeure is understood to mean, in addition to what is understood in this regard in law and case law, all external causes, foreseen or unforeseen, on which Jacky Zegers cannot exert influence. This will also include strikes, traffic disruptions, unforeseeable stagnation, extreme weather conditions, disruptions in the supply of energy, transport difficulties, fire, loss or damage during transport and government measures.
2. During force majeure, obligations of Jacky Zegers are suspended. If fulfillment is impossible for more than one month due to force majeure or if there are other circumstances that make it disproportionately onerous for Jacky Zegers to fulfill its obligations, Jacky Zegers is authorized to fully or partially cancel the agreement by notifying the Customer without judicial intervention. dissolve, without there being an obligation to pay compensation in that case.
3. If Jacky Zegers has already partially fulfilled its obligations at the onset of force majeure, it is entitled to invoice the part already delivered or performed separately, or to partially credit it with down payments.
10. Intellectual property rights
1. The brands, images, logos and photos that are used and displayed on the website of Jacky Zegers site are registered or unregistered brands of Jacky Zegers or third parties and may be used without the prior consent of the holder of those brands. cannot be used commercially.
2. When the Customer submits a design himself, Jacky Zegers assumes that the Customer is entitled to start the production of the relevant (image) brand, image, logo or photo. It may therefore be the case that the Customer, if it provides (image) brand, image, logo or photo to Jacky Zegers, must have permission from a company, licensee or other copyright holder.
Jacky Zegers assumes that uploaded brands, images, logos or photos are used lawfully. The Customer is responsible for any infringements of intellectual property and indemnifies Jacky Zegers in this regard.
3. If reasonable doubt arises or continues to exist with regard to the correctness of the rights claimed by third parties as referred to in paragraph 2 of this article, Jacky Zegers is authorized but not obliged to suspend the performance of the agreement until such time as in court. It has been irrevocably established that Jacky Zegers does not infringe these rights by complying with the agreement. After that, Jacky Zegers will still execute the order within a reasonable period of time.
4. Unless explicitly agreed otherwise in writing, Jacky Zegers always remains the rightful owner of the copyright that may arise on the works produced by him in the performance of the agreement, such as but not limited to (visual) brands, images, logos, photos and similar materials. even if the relevant activities
are stated as a separate item in the offer or on the invoice.
5. Jacky Zegers can use all developed and published PR and
communication activities, whether or not anonymous, for its own
11. Forum, choice of law and transfer of rights
1. Jacky Zegers is authorized to transfer its rights and obligations under this agreement to a third party. The Client is only authorized to transfer its rights and obligations to a third party with the written consent of Jacky Zegers.
2. This - and other agreement (s) concluded between the parties - is exclusively governed by Dutch law, with the express exception of the Vienna Sales Convention. Should an obligation arise between the parties in the future, other than arising from an agreement, Dutch law will also apply to that obligation.
3. In the event that a dispute arises from the agreement between the parties, the exclusive competent court is the court in the district in which Jacky Zegers has its place of business. In the event that a dispute arises between the parties regarding non-contractual obligations, the exclusive, absolute competent court is also the court of the district in which the Jacky Zegers has its place of business.