Skip left

General Terms and Conditions Business (B2B)

Table of contents:

IMPORTANT!

Products from JT-Products are exclusively intended for off-road or circuit useThe use of our products on vehicles for use on public roads is strongly discouraged and may violate local laws and regulations. Purchase implies that you understand that our products not intended for public roads and may not be sold as such to third parties.

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

Article 1 - Definitions

The following capitalized terms will be understood as follows:

  • 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 business account created with JT-Products and with whom JT-Products enters into an agreement or to whom JT-Products makes an offer;
  • Agreement: any agreement concluded between JT-Products and the Business Customer, any amendment or supplement thereto, as well as all (legal) acts in preparation for and in execution of that Agreement;
  • Force majeur: any circumstance beyond the reasonable control of a party that makes the fulfillment of obligations under an Agreement temporarily or permanently impossible. Force majeure is understood to include, but is not limited to: strikes, fire, water damage, theft, vandalism, riots, war, terrorism, hindrances or obstructions on the part of suppliers of JT-Products, government measures, natural disasters, epidemics, pandemics, transport restrictions, and other similar circumstances;
  • Product(s): any item offered, to be delivered or delivered by JT-Products on the basis of the Agreement or any product that is considered to be equivalent based on common opinion;
  • JT Products: the private limited company JT-PRODUCTS registered with the Dutch Chamber of Commerce under number 94689962 and established at Van den Akker-erf 7 (5384 TT) in Heesch, the Netherlands;
  • Website: the website(s) managed by JT-Products, including www.jt-products.nl and www.jt-products.eu;
  • Conditions: these general terms and conditions.

Article 2 - Applicability

  1. These Terms and Conditions apply to every offer and Agreement between JT-Products and a Business Customer, unless these Terms and Conditions have been expressly deviated from in writing. By placing an order and/or making a purchase via the JT-Products Website, the Business Customer accepts these Terms and Conditions, as well as all other rights and obligations as stated in the offer.
  2. These Terms and Conditions expressly do not apply to agreements with natural persons who do not act in the exercise of their profession or business.
  3. The applicability of any purchasing or other conditions of the Business Customer is expressly rejected by JT-Products.
  4. 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.
  5. 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. Business Customer can create an account to place an order on the Website. To create an account, the Business Customer 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 Business Customer who created and activated the account.
  3. When creating an account, the Business Customer 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 Business Customer 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. Business Customers can change their account details online by logging into their account.
  5. The Business Customer must treat the password confidentially and with care and the Business Customer must take reasonable measures to prevent unauthorized persons from taking note of and using the password and/or his account.
  6. The Business Customer 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 Business Customer 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 password and/or account of the Business Customer, JT-Products has the right to immediately block the account and password of the Business Customer and to report any damage. that JT-Products suffers as a result from the Business Customer, without JT-Products being liable for damage on the part of the Business Customer.

Article 4 - The offer

  1. Every offer from JT-Products on the Website is without obligation and can be withdrawn by JT-Products at any time.
  2. Obvious mistakes or errors in the offer do not bind JT-Products.
  3. The prices stated on the Website in the offer of products or services include VAT. If applicable and under conditions, the stated price can be reduced to the amount excluding VAT with a separate statement of any VAT itself. The invoice is leading for the financial processing in the administration of the Business Customer.

Article 5 - The Agreement

  1. The Agreement is only concluded after written confirmation of the order by JT-Products.
  2. Every Agreement is entered into under the suspensive condition of sufficient availability of the relevant Products and/or services.
  3. Complaints about the execution of the Agreement must be submitted fully and clearly described to JT-Products within a reasonable time, but no later than within 14 days, after the Business Customer has reasonably been able to discover the defects.

Article 6 - Payment

  1. Payment is made in advance, unless JT-Products determines otherwise in the Agreement or additional conditions. JT-Products can unilaterally determine and change the method of payment.
  2. If JT-Products stipulates in the Agreement or additional conditions that payment afterwards is possible, the amounts owed by the Business Customer must be paid within 14 days after the conclusion of the Agreement into the account number specified by JT-Products.
  3. JT-Products may set a maximum on the total amount of the monthly payment referred to in paragraph 2 of this article.
  4. If the payment term is exceeded, the Business Customer owes the statutory interest for commercial transactions on the amount still owed and JT-Products can charge the extrajudicial collection costs it has incurred. 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.
  5. If the Business Customer is in default or defaults in the (timely) fulfillment of his obligations, JT-Products has the right to charge costs incurred, including but not limited to attorney's fees, to obtain payment out of court to the Business Customer.
  6. The Business Customer is not entitled to settle the amounts owed to JT-Products.
  7. Objections to the amount of an invoice, a defect found, or discrepancy in the delivery, quantities or specifications do not suspend the payment obligation.
  8. Business Customer has the obligation to immediately report inaccuracies and/or changes in payment details provided or stated to JT-Products.

Article 7 - Retention of title

  1. All Products delivered by JT-Products in the context of the Agreement remain the property of JT-Products until the Business Customer has properly fulfilled all obligations under the Agreement(s) concluded with JT-Products, including the purchase price, any pursuant to these Terms and Conditions or surcharges, interest, taxes, costs and damages owed under the Agreement.
  2. Products supplied by JT-Products, which are subject to retention of title pursuant to paragraph 1, may not be resold and may never be used as a means of payment. The Business Customer is not authorized to pledge or encumber in any other way the Products subject to retention of title.
  3. The Business Customer must always do everything that can reasonably be expected of him to safeguard the ownership rights of JT-Products.
  4. If third parties seize the Products delivered under retention of title, or wish to establish or enforce rights thereon, or if bankruptcy or another circumstance occurs as a result of which the Business Customer can no longer freely dispose of his assets, then the Business Customer is obliged to notify JT- Products immediately and return the Products still belonging to JT-Products to JT-Products at its own expense.
  5. In the event that JT-Products wishes to exercise its ownership rights referred to in this article, the Business Customer gives in advance unconditional and irrevocable permission to JT-Products and third parties to be designated by JT-Products to enter all those places where the properties of JT-Products Products are located and to take back those Products.

Article 8 - Delivery and execution

  1. JT-Products will exercise due care when receiving and executing orders for Products.
  2. In principle, the place of delivery is the address of the Business Customer that is linked to his Chamber of Commerce registration (in the Netherlands) or to his registration in the Belgian trade register. Only after verification of the business account has taken place can the Business Customer inform JT-Products of another place of delivery.
  3. Taking into account what is stated in Article 2 of these Terms and Conditions, JT-Products will execute accepted orders with due speed. The delivery times stated on the Website are not strict deadlines.
  4. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the Business Customer will be notified of this no later than one month after he has placed the order. In that case, the Business Customer has the right to terminate the Agreement without costs. JT-Products cannot be held liable for any damage if a delivery period is exceeded.
  5. In the event of dissolution in accordance with the previous paragraph, JT-Products will refund the amount that the Business Customer has already paid in advance as soon as possible, but no later than within 30 days after dissolution.
  6. All risks of whatever nature (including the risk of damage and/or loss of Products) rest with the Business Customer from the moment JT-Products hands over the Product to the carrier, unless expressly agreed otherwise.
  7. JT-Products may determine that, depending on, among other things, the amount of the order amount, the Business Customer is obliged to sign for proper receipt.
  8. The Business Customer is obliged to check the quantities and quality of the Products immediately after delivery or (if applicable) before signing for receipt. In the event of any visible deviations or defects, the Business Customer will inform JT-Products in writing within 24 hours. After this, the Business Customer can no longer complain about any deviations or defects in the delivery.
  9. Any invisible defects must be reported in writing to JT-Products immediately after discovery, but in any case within 5 working days after discovery, on penalty of forfeiture of the right to make these complaints known. This notification must contain a detailed description of the defect. The Business Customer must give JT-Products the opportunity to investigate the defect. If a defect is reported later, the Business Customer is no longer entitled to repair, replacement or compensation.

Article 9 - No right of withdrawal

  1. Business Customer acknowledges and accepts that no cooling-off period applies to his purchases. After purchasing Products, the Business Customer expressly has no right to return Products or terminate the Agreement, except to the extent permitted under these Terms and Conditions.

Article 10 - Guarantees

  1. JT-Products guarantees that the Products comply with the Agreement and the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the Agreement.
  2. The warranty referred to in this article 10 is equal to the manufacturer's warranty offered by the manufacturer of the Products.
  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 Business Customer and/or third parties.
  4. Any form of warranty will lapse if the item has been used incorrectly or carelessly and/or if it has been improperly stored or maintained by the Business Customer and/or third parties.

Article 11 - Liability

  1. Any liability for any type of damage is excluded by JT-Products, except for damage resulting from intent or deliberate recklessness on the part of JT-Products, or and insofar as damage cannot be excluded by law.
  2. If there is any liability, JT-Products is only liable for direct damage. Liability for indirect damage, including lost profits, consequential damage, losses suffered, missed savings and damage due to business stagnation, is expressly excluded.
  3. Direct damage exclusively means the reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these Terms and Conditions, any reasonable costs incurred to remedy the defective performance of JT-Products. to have the Agreement answered, insofar as these can be attributed to JT-Products and reasonable costs incurred to prevent or limit direct damage as referred to in these Terms and Conditions.
  4. Any liability for direct damage of JT-Products towards the Business Customer, on whatever grounds, is limited per event (where a related series of events counts as one event) to the invoice amount actually paid by the Business Customer to JT-Products for the product in question. of which the damage is a consequence, including shipping costs.
  5. The liability of JT-Products is in any case always limited to the amount paid out by the insurer in a specific claim.
  6. 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 12 - Indemnification

  1. Business Customer indemnifies JT-Products against any claims from third parties on any legal basis, who suffer damage in connection with the execution of the Agreement and the cause of which is not attributable to JT-Products.
  2. Damage the cause of which cannot be attributed to JT-Products as referred to in paragraph 1 includes in any case, but not exclusively, damage caused by use of Products on public roads and use of Products in violation of the prescribed instructions for use.
  3. If JT-Products is held liable by third parties for this reason, the Business Customer is obliged to assist JT-Products both extrajudicially and in court and to immediately do everything that may be expected of him in that case. If the Business Customer fails to take adequate measures, JT-Products can do so itself without notice of default. All costs and damage incurred by JT-Products and third parties as a result are entirely at the expense and risk of the Business Customer.

Article 13 - Force majeure

  1. JT-Products is not obliged to fulfill any obligation towards the Business Customer if he is prevented from doing so as a result of Force Majeure.
  2. JT-Products may suspend the obligations under the Agreement during the period that the Force Majeure continues. If this period lasts longer than two months, either party can terminate the Agreement, without obligation to compensate the other party for damages.
  3. Insofar as JT-Products has already partially fulfilled its obligations under the Agreement at the time of the occurrence of Force Majeure or will be able to fulfill them, and independent value is attributed to the respective part to be fulfilled, JT-Products can invoice part separately. The Business Customer is obliged to pay this invoice as if it were a separate Agreement.

Article 14 - Applicable law and disputes

  1. All offers from JT-Products and Agreements between JT-Products and a Business Customer to which these Terms and Conditions apply are exclusively governed by Dutch law. Dutch law also applies if the Agreement is fully or partially executed abroad.
  2. The applicability of the Vienna Sales Convention, the provisions in Book 7 of the Dutch Civil Code and Articles 6:227b paragraph 1 and 6:227c of the Dutch Civil Code are expressly excluded.
  3. All disputes arising from offers or Agreements, however named, will be exclusively submitted to the judgment of the competent judge of the District Court of Oost-Brabant (Netherlands).
  4. Parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.

Article 15 - Changes to Conditions

  1. JT-Products reserves the right to unilaterally change these Terms and Conditions. JT-Products will inform the Business Customer in writing of a change.
  2. The version that applied at the time the relevant legal relationship with JT-Products was established always applies. Business Customers are advised to regularly check the Terms and Conditions for changes.
Download General Terms and Conditions Business (B2B)
0