General terms and conditions for business
Table of Contents:
- Article 1 - Definitions
- Article 2 - Identity of the Entrepreneur
- Article 3 - Applicability
- Article 4 - The Offer
- Article 5 - The Agreement
- Article 6 - Pricing
- Article 7 - Performance of the Agreement and Warranty
- Article 8 - Delivery and Execution
- Article 9 - Continuous Contracts
- Article 10 - Payment
- Article 11 - Retention of Title
- Article 12 - Liability
- Article 13 - Complaints Procedure
- Article 14 - Disputes
Article 1 - Definitions
In these Terms and Conditions, the following definitions apply:
- Day: calendar day.
- Digital content: data produced and supplied in digital form.
- Continuous agreement: an agreement for the regular supply of products, services and/or digital content over a certain period.
- Durable medium: any medium, including e-mail, allowing information to be stored and consulted unchanged at a later date.
- Customer: a natural or legal person acting in the exercise of a profession or business.
- Entrepreneur: Jaggs Alarm B.V.
- Distance contract: an agreement concluded exclusively through remote communication methods such as the internet or e-mail.
- In writing: communication by letter, e-mail or similar digital communication, provided the sender’s identity can reasonably be established.
- Website: the webshop or website of Jaggs Alarm through which products and services are offered.
Article 2 - Identity of the Entrepreneur
Jaggs Alarm B.V.
Markerkant 10
1314 AN Almere
The Netherlands
Phone: +31 36 525 5358
E-mail: info@jaggsalarm.com
Website: https://www.jaggsalarm.com
Chamber of Commerce number: 78266556
VAT identification number: NL861324262B01
Article 3 - Applicability
These Business Terms and Conditions apply to every offer made by Jaggs Alarm and to every agreement concluded between Jaggs Alarm and a business customer.
Any deviating or additional terms proposed by the customer shall only apply if expressly accepted in writing by Jaggs Alarm.
Before the agreement is concluded, these Terms and Conditions will be made available to the customer. If this is not reasonably possible, Jaggs Alarm will indicate where the conditions can be consulted.
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain fully effective. The parties shall replace the invalid provision with a provision that reflects the original intent as closely as possible.
Article 4 - The Offer
If an offer has a limited validity period or is subject to conditions, this shall be clearly stated.
The offer contains a clear description of the products, digital content and/or services offered. Images, specifications and descriptions are intended as accurate representations, but minor deviations may occur.
Jaggs Alarm compiles the content of its website and offers with great care. Obvious errors, typographical mistakes, programming errors or mistakes shall not be binding upon Jaggs Alarm.
Article 5 - The Agreement
The agreement is concluded when the customer accepts the offer and complies with the conditions set forth therein.
If the customer accepts the offer electronically, Jaggs Alarm shall confirm receipt of the acceptance electronically.
Jaggs Alarm reserves the right to refuse an order or request or to impose additional conditions on execution if justified circumstances exist.
If it appears that the customer has provided incorrect or incomplete information, Jaggs Alarm shall be entitled to suspend execution of the agreement until the correct information has been received.
Business purchases are not subject to any statutory right of withdrawal or cooling-off period.
Article 6 - Pricing
All stated prices are exclusive of VAT, unless expressly stated otherwise. Any additional costs, such as shipping or payment fees, will be displayed before completing the order.
Jaggs Alarm reserves the right to change prices at any time. Price changes shall not affect agreements already concluded, unless otherwise agreed in writing.
Where prices depend on market conditions, exchange rates, supplier prices or other external factors, Jaggs Alarm may apply variable pricing. This will be stated where reasonably possible.
Article 7 - Performance of the Agreement and Warranty
Jaggs Alarm guarantees that the products and services comply with the agreement, the stated specifications and reasonable standards of quality and usability.
The customer must inspect delivered products immediately upon receipt. Visible defects, damage or inaccuracies must be reported in writing within 3 days after delivery.
If a complaint is deemed justified, Jaggs Alarm shall, at its own discretion, repair, replace or compensate the customer in whole or in part.
Any manufacturer or supplier warranties apply exclusively in accordance with the conditions of the respective manufacturer or supplier. Jaggs Alarm may assist, where possible, in handling such warranty claims.
Article 8 - Delivery and Execution
Jaggs Alarm shall execute orders as quickly as possible. Stated delivery times are indicative only, unless a binding delivery date has explicitly been agreed in writing.
Jaggs Alarm is entitled to engage third parties in the execution of the agreement.
Exceeding a delivery period shall not entitle the customer to compensation or termination of the agreement, unless otherwise agreed in writing.
The risk of loss, damage or depreciation of products passes to the customer once the goods have been delivered to the specified delivery address or made available to the customer.
If delivery is not possible because the customer is absent or has provided incorrect information, additional costs may be charged to the customer.
If an ordered product is no longer available, Jaggs Alarm may offer an equivalent alternative product. If the customer does not accept the alternative, the agreement relating to that product may be terminated.
Article 9 - Continuous Contracts
An agreement concluded for an indefinite period regarding the regular supply of products or services may be terminated by the customer in writing subject to a notice period of at least two months, unless otherwise agreed.
An agreement concluded for a fixed term may be terminated in writing at the end of the agreed period subject to a notice period of at least two months.
If a fixed-term agreement is not terminated in time, it may automatically renew for the same duration, unless otherwise agreed in writing.
Article 10 - Payment
Payments must be made using the payment methods offered by Jaggs Alarm or as otherwise agreed in writing between the parties.
If payment by invoice has been agreed, a payment term of 14 days from the invoice date shall apply, unless otherwise agreed in writing.
If the customer fails to pay on time, the customer shall automatically be in default without further notice being required. Jaggs Alarm shall then be entitled to charge statutory commercial interest, collection costs and any legal expenses incurred.
Article 11 - Retention of Title
All delivered products remain the property of Jaggs Alarm until the customer has fully paid all outstanding amounts under the agreement.
Until ownership has transferred, the customer may not pledge, sell, lease or otherwise encumber the products, unless this occurs within the normal course of business and has been approved in writing.
Article 12 - Liability
Jaggs Alarm’s liability for attributable failure in the performance of the agreement is limited to the amount agreed for the relevant agreement.
In the case of continuous agreements, liability is limited to the amount paid by the customer during the three months preceding the event causing the damage.
Jaggs Alarm shall not be liable for indirect damages, including consequential damages, loss of profit, loss of savings, loss of data, business interruption or reputational damage.
The limitations of liability do not apply if the damage results from intent or gross negligence on the part of Jaggs Alarm.
Any right to compensation shall only arise if the customer promptly notifies Jaggs Alarm in writing of the default and grants a reasonable period to remedy the failure.
Damage must be reported in writing within 14 days after discovery.
In the event of force majeure, Jaggs Alarm shall not be obliged to compensate any damages whatsoever.
Article 13 - Complaints Procedure
Complaints regarding the performance of the agreement must be submitted to Jaggs Alarm within a reasonable period after discovery, fully and clearly described in writing.
Submitted complaints will be answered within 14 days. If more time is required, the customer will receive an acknowledgement of receipt within this period including an indication of when a substantive response can be expected.
The customer must allow Jaggs Alarm at least 4 weeks to resolve the complaint amicably.
Article 14 - Disputes
All agreements between Jaggs Alarm and the business customer shall exclusively be governed by Dutch law.
Any disputes that cannot be resolved amicably shall be submitted to the competent court in the district where Jaggs Alarm is established.