Terms & Conditions
Article 1: Definitions
- Jupiter Design, located in Utrecht, COC-number 57233829, will, in these terms & conditions, be indicated as seller.
- The counterparty of the seller will, in these terms & conditions, be indicated as buyer.
- Parties are both the seller and buyer.
- The purchase agreement between both parties will be named agreement.
Article 2: Applicability terms & conditions
- The terms & conditions are applicable quotes, offers, agreements and delivery of goods and services on behalf of the seller.
- Deviations from these terms and conditions may only be agreed upon by the parties expressly and in writing.
Article 3: Payment
- On delivery, the full purchase price and shipping costs are met in advance. This can be done by bank transfer, or you can pay in cash at our visit address. Deviating arrangements regarding payment must be agreed up on in advance. These agreements are confirmed by e-mail and are listed on the invoice.
- When the buyer chooses to pick up the product, the full purchase price has to be paid upon collection. This can be done by bank transfer or cash at the visit address. Deviating arrangements regarding payment must be agreed up on in advance. These agreements are confirmed by e-mail and are listed on the invoice.
- Payment methods accepted by us are: bank transfer, cash or Paypal (please take into account transaction fees that are charged extra).
Article 4: Offers, quotes and prices.
- Offers are non-binding, unless the offer has been termed a term of acceptance. If the offer is not accepted within that term, the offer will expire.
- Delivery times in quotations are indicative and do not entitle buyers to exceed dissolution or compensation, unless parties have agreed otherwise and in writing.
- The price quoted on offers, quotations and invoices consists of the purchase price including the VAT payable and any other government taxes based on the Netherlands. Please note, we do not include government taxes and/or import taxes and customs charges from foreign countries in our quote.
Article 5: Right of withdrawal
- The buyer is entitled to withdraw from the agreement within 14 days after receipt of the order (cancellation right) without notice. The 14 term starts when the buyer’s (full) order has been received.
- In order to make use of the right of withdrawal, the buyer must contact the seller by sending an email to: firstname.lastname@example.org
- If the buyer exercises the right of withdrawal, the product must be returned in the same state as it was on delivery. Product sold on jupiter-design.nl are used, traces of use may be visible. Damages and defects are always listed in the advertisement.Kosten voor eventueel transport die door de koper worden gemaakt om een product te retourneren, worden niet door de verkoper vergoed.
- Expenses for any transport made by the buyer to return a product are not reimbursed by the seller.
Article 6: Change of agreement
- If during the performance of the agreement, it becomes apparent that, for the proper execution of the assignment it is necessary to amend or supplement the work to be performed, the parties shall apply the agreement in a timely and mutual agreement.
- If parties agree that the agreement is being amended or supplemented, the time of completion of implementation may be affected. Seller will inform buyer as soon as possible.
- If the change or addition to the agreement has financial and / or qualitative consequences, the seller will inform the buyer in writing.
- If the parties have agreed a fixed price, the seller will indicate to what extent the amendment or addition of the agreement results in an exceedance of this price.
- In afwijking van het bepaalde in het derde lid van dit artikel kan de verkoper geen meerkosten in rekening brengen indien de wijziging of aanvulling het gevolg is van omstandigheden die aan hem kunnen worden toegerekend.
Article 7: Delivery and risk transition
- Once the purchased product has been received by the buyer, the risk goes from seller to buyer.
Article 8: Research, objection
- Buyer is obliged to investigate the delivered at the time of delivery, but in any event, to investigate as shortly as possible. In addition, the buyer should investigate whether the quality and quantity of the delivered goods correspond to what the parties have agreed, at least that quality and quantity meet the requirements that apply to normal (trade) traffic.
- Objections relating to damage, defects or loss of delivered goods must be submitted by seller to the seller within 10 working days of the delivery date of the goods.
- Upon confirmation of the complaint within the stipulated term, the seller shall have the right to either repair, resubmit or refrain from delivery and send a credit note for that part of the purchase price.
- Small and / or industry custom deviations and differences in quality, quantity, size or finish can not be opposed to seller.
- Complaints related to a particular product do not affect other products or parts of that same agreement.
- After processing the goods at the buyer, no objections will be accepted.
Article 9: Delivery
- Delivery takes place from ‘showroom / shop / warehouse’. This means that all costs are for the buyer.
- Buyer is obliged to take delivery of the goods at the time of delivery or delivery by the seller, or at the time when these items are made available to him under the agreement.
- If the buyer refuses or is negligent in providing information or instructions necessary for delivery, the seller is entitled to store the item at the expense of the buyer.
- If the goods have to be delivered, the seller is entitled to charge any delivery costs.
- If the seller requires buyer data for the performance of the agreement, the delivery time will commence after the buyer has made this information available to the seller.
- The seller’s specified delivery deadline is indicative. This is never a deadline. In case of exceeding the time limit, the buyer must declare the seller in default in writing.
- The seller is entitled to deliver the items in parts, unless otherwise agreed in writing by the parties or if there is no self-worth of dividend. Seller is entitled to invoice these parts separately upon delivery.
Article 10: Force majeure
- In the event of failure by a seller to comply with his obligations by force majeure, not timely or not properly, he is not liable for any damage suffered by the buyer.
- Force majeure means, in any case, any circumstance that the seller could not take into account at the time of entering into the contract, and as a result of which the normal execution of the agreement can not reasonably be demanded by a buyer such as illness, war or war danger, civil war and riot, molest, sabotage, terrorism, power failure, flooding, earthquake, fire, company occupation, workstrikes, labor exclusion, changed government measures, transport difficulties, and other malfunctions in the seller’s business.
- In addition, parties under force majeure understand that the supplier of which the seller is dependent on the performance of the agreement does not comply with the contractual obligations to the seller, unless such can be accounted to the seller.
- If a situation such as this arises as a result of which the seller can not fulfill his obligations to the buyer, those obligations will be suspended until the seller is unable to meet his obligations. If the situation referred to in the previous sentence has taken 30 calendar days, both parties have the right to dissolve the agreement in writing in whole, or in part.
- In case the force majeure continues for more than three months, the buyer is entitled to dissolve the agreement with immediate effect. Dissolution can only be via a registered letter.
Article 11: Transfer of rights
- Rights of a party to this agreement can not be transferred without the prior written consent of the other party. This provision applies as a clause with property law as referred to in article 3:83, second paragraph, Civil Code.
Article 12: Retention of title, retention right
- The goods and services supplied by the seller and goods and components remain the property of the seller until the buyer has paid the entire agreed price. Until then, the seller can rely on his retention of title and withdraw all goods.
- If the agreed amounts to be paid in advance are not met or not met on time, the seller has the right to suspend the work until the agreed part is yet to be met. There is then a lack of creditors. An abandoned delivery can not be accounted to the seller.
- Th seller undertakes to insure the goods delivered to the buyer under title reservation and to be insured against fire, explosion and water damage as well as theft and the policy at first request for inspection.
- If items have not yet been delivered, but the agreed prepayment or price is not met, the seller has the right to retention. The case will not be delivered until the buyer has paid in full and in accordance with the agreement.
- In case of liquidation, insolvency or surseance of the buyer payment, the obligations of the buyer are immediately due.
Article 13: Liability
- Any liability for damage resulting from or relating to the performance of an agreement is always limited to the amount paid in the particular case by the covered liability insurance (s). This amount is increased by the amount of the personal risk according to the relevant policy.
- Not excluded is the liability of the seller for damage resulting from intentional or deliberate recklessness by the seller or his subordinates.
Article 14: Obligation to complain
- the buyer is obliged to report complaints directly to the seller immediately. The complaint contains as detailed a description of the shortcoming as possible, so that the seller is able to respond appropriately
- If a complaint is just, then the seller is obliged to repair and possibly replace.
Article 15: Warranty
- The products sold by Jupiter Design are “vintage”, which means they are used. No warranty is given on these products.
Article 16: Applicable law
- This agreement between seller and buyer applies exclusively to Dutch law. The Dutch judge is authorized.
- The applicability of the Vienna Sale Convention is excluded.
- If in one of the judicial proceedings one or more provisions of these terms and conditions are deemed to be unreasonably harmful, the remaining provisions shall remain in force without delay.
Article 17: Forum choice
All disputes arising from this agreement shall be submitted exclusively to the competent court of the Central Netherlands.