Terms and Conditions
April 2021 version
Jacobus Frida strives to ensure that you receive a perfect product and that you are satisfied with the delivered product. However, there are some conditions attached to this, which you can read below.
By placing an order you are agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
Article 1: Definitions
In these terms and conditions, the following terms are used in the following meaning, unless explicitly stated otherwise:
* The entrepreneur: The company with the trade name “Jacobus Frida``, established in The Hague, registered with the Chamber of Commerce The Hague under number 81798911.
* The websites: The websites of the entrepreneur and all underlying pages, with the exception of the links placed on the website to other websites.
* Product: The article or articles that must or must be delivered to the customer within an agreed term by concluding the agreement between the entrepreneur and the customer, and for which the customer must pay the agreed price.
* Consumer: Any natural person, not acting in the performance of a profession or a business.
* Client: Any legal person or natural person who acts in the exercise of his profession or business, not being a consumer, who instructs the entrepreneur to perform work and / or supply materials.
Article 2: Applicability
1. These conditions apply to every offer and / or quotation, as well as to every agreement between the entrepreneur and the consumer or client, as well as to every execution of the agreement.
2. General and / or special conditions of the consumer or client do not bind the entrepreneur and the applicability is expressly rejected, unless the entrepreneur has accepted the applicability of such conditions in writing.
3. If one or more provisions in these general terms and conditions appear to be wholly or partially null and void or are nullified at any time, the agreement and these terms and conditions will continue to apply and the provisions in question will be immediately replaced by provisions in mutual consultation. which are as close as possible to the intent of the original provisions.
Article 3: Offers, quotations and orders
1. Images, sizes and weights of products are shown as accurately as possible on the websites and in product descriptions. However, an article may differ in details, as it is a natural hand made product. Entrepreneur is not liable for (the consequences of) deviations therein. For clarity: The images are therefore only illustrative in nature and therefore no rights can be derived from this. The entrepreneur undertakes only towards the consumer or client to deliver the goods in the description, quality and quantity as further specified in the order confirmation or, failing that, the accepted offer. Some deviation in the dimensions is possible, this is limited to a few mm.
2. The entrepreneur does not guarantee that the goods are suitable for the purpose for which the consumer or client purchases them, even if this purpose has been made known to the entrepreneur, unless the entrepreneur has guaranteed this in writing.
3. For consumers, the prices in the quotations and / or order confirmations mentioned are all-in. Prices for our products are subject to change without notice. The prices of our products are including taxes and excluding shipment and/or administration costs. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Article 4: Agreement
1. The agreement is concluded when the consumer or client has completed an order and the entrepreneur has sent the consumer or client an order confirmation in writing or by email.
2. If reservations or changes are made to the order in the acceptance, contrary to what has been determined above, the agreement will only be concluded if one party has confirmed to the other that it agrees to these deviations from the order.
3. The entrepreneur is in no way bound by what is stated in prospectuses, brochures and / or publications and images. The information contained therein does not bind the entrepreneur, unless this is confirmed in writing by the entrepreneur.
4. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Article 5: Payment
1. Payment is made exclusively via payment options on the website (free). In case of deferred payments, the payment must be received by the entrepreneur at least three working days before the delivery, otherwise delivery will be postponed. The consumer or client is not allowed to deduct any amount from this purchase price in respect of a counterclaim made by him.
2. As long as the consumer or client has not paid the full amount of the purchase price with any additional costs or has provided security for this, the entrepreneur reserves the ownership of the goods. In that case, ownership passes to the consumer or client as soon as the consumer or client has fulfilled all his obligations to the entrepreneur.
3. If the client does not meet his payment obligations in time and does not comply with a notice of default, the entrepreneur is entitled to regard the purchase agreement as dissolved without judicial intervention. In that case, the client is liable for damage suffered by the entrepreneur, including loss of profit, packaging costs and transport costs. If the consumer does not meet his payment obligations in time, the legal provisions apply. This stipulates, among other things, that the entrepreneur is entitled to recover the extrajudicial collection costs from the consumer after notice of default, which is always at least € 40.00, as well as that a statutory interest will be levied.
4. In the situation as referred to in paragraph 3, the client owes the entrepreneur an amount of 50% of the purchase price by way of compensation under a general title, plus statutory interest on this from the due date of the invoice.
5. In the situation referred to in paragraph 3, the entrepreneur is also entitled to charge the client 1.5% interest per month or, if this is higher, the statutory commercial interest, from the due date of the invoice until the day of full satisfaction.
Article 6: Delivery
1. The delivery period commences on the date as agreed in the order confirmation or accepted offer.
2. Entrepreneur will endeavor to deliver within the specified periods. However, the delivery times stated in the quotation, order confirmation or on the websites are indicative and never count as deadlines.
3. If a delivery time specified in the quotation / order confirmation is exceeded by more than 30 days, the consumer or client is entitled to cancel the order in writing. However, the consumer or client must always inform the entrepreneur in writing after 30 days about exceeding the delivery time, to rule out any misunderstandings. If the entrepreneur is still unable to deliver within 10 days, the consumer or client has the right to cancel the order in writing. In this case, the entrepreneur does not owe any (damage) compensation.
4. If the consumer or client is not present at the time of delivery, the entrepreneur has the right to leave the products at the address that has been delivered, if the driver deems this justified.
5. If for whatever reason the consumer or client is unable to receive the goods at the agreed time and they are ready for delivery, the entrepreneur will, if its storage options allow this and for a maximum of 1 month, pay keep it.
Article 7: Force majeure
1. The delivery period referred to in Article 6 is extended by the period during which the entrepreneur is unable to meet the delivery obligations due to force majeure.
2. There is force majeure on the part of the entrepreneur if, after concluding the binding quotation or order confirmation, the entrepreneur is prevented from complying with the obligations under this agreement or with the preparation thereof as a result of war, danger of war, civil war, terrorism, riot , acts of war, fire, water damage, flooding, strike, occupancy, exclusion, import and export barriers, government measures, defects in machinery, failures in the supply of energy, everything in the company of the entrepreneur as well as at third parties, of which the entrepreneur has the necessary materials or raw materials in whole or in part, as well as during storage or during transport, whether or not in-house, and furthermore caused by all other causes, through no fault of the entrepreneur, regardless of whether they were foreseeable.
3. If the delivery is delayed by more than 30 days due to force majeure, both the entrepreneur and the consumer or client are entitled to regard the agreement as terminated.
4. If the force majeure occurs, while the agreement has already been partially executed, the consumer or client, if the remaining delivery is delayed by more than 30 days due to force majeure, has the authority to retain either the part of the goods already delivered and the goods therefor to pay the purchase price owed, or to regard the agreement for the part already executed as terminated, under the obligation to return what had already been delivered to the entrepreneur, at the expense and risk of the consumer or client, provided that the consumer or client can demonstrate that the already delivered part of the goods cannot be used effectively by the consumer or client as a result of the non-delivery of the remaining goods. In principle, products manufactured in accordance with the specifications of the purchasing party must be preserved.
5. In case of force majeure, the entrepreneur does not owe any (damage) compensation to the client or consumer.
Article 8: disclaimer of warranties; limitations of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Jacobus Frida, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Article 9: Server ability
In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions such determination shall not affect the validity and enforceability of any other remaining provisions.
Article 10: Governing law
These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Molenstraat 12B, 2513BK The Hague, Netherlands. Please note that this is not a visiting and/ or showroom address.
Article 11: Changes to terms of service
You can review the most current version of the Terms & Conditions at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.
Article 12: Copyright
All designs, logos and names are the property of Jacobus Frida and can only be used with permission from Jacobus Frida. The content on this website is protected by intellectual property rights and belong to Jacobus Frida. Any material on the website, including image pictures, designs and graphics, may not be reproduced, and it may not be used commercially without referring to Jacobus Frida.
Contact information
Questions about the Terms & Conditions should be sent to us at: info@jacobusfrida.com