General terms / Conditions

General terms and conditions

 

Jipfish Exploitatie BV

 

Article 1. Definitions

1.1. In these general terms and conditions, the following terms are used in the following meanings, unless explicitly stated otherwise or unless the context otherwise indicates:

  1. Jipfish: the user of these general terms and conditions, Jipfish Exploitatie BV (hereinafter Jipfish), located at Technopol 29, 5026SB in Tilburg, registered with the Chamber of Commerce under Chamber of Commerce number 88056996;
  2. Agreement: the agreement between Jipfish and the customer;
  3. Customer: the natural person or company that enters into an agreement with Jipfish;
  4. Consumer: the customer who is a natural person not acting in the course of his/her profession or business.
  5. Website: the website www.jipfish.com managed by Jipfish.

 

Article 2. General

2.1. These general terms and conditions apply to every agreement between Jipfish and the customer.

2.2. Deviations from these general terms and conditions are only valid if they have been explicitly agreed upon in writing or by email.

2.3. If deviating clauses have been agreed upon for certain subjects regulated by these general terms and conditions, these general terms and conditions shall remain applicable to the agreement for all other subjects. Agreed deviations shall never apply to more than one agreement.

2.4. If one or more provisions in these general terms and conditions are null and void or are annulled, the remaining provisions of these general terms and conditions shall remain fully applicable. Jipfish shall replace the null and void or annulled provisions, observing the purpose and scope of the original provision(s) as far as possible.

2.5. If Jipfish does not demand strict compliance with these general terms and conditions, this shall not mean that these provisions are not applicable or that Jipfish in any way loses the right to demand strict compliance with the provisions of these terms and conditions in other cases.

 

Article 3. Offer

3.1. Jipfish's offer is non-binding.

3.2. Obvious mistakes or errors, such as writing, typing, or printing errors on the website or in quotations, agreements, publications, and email messages do not bind Jipfish.

3.3. The range of products offered may be changed.

 

Article 4. Website

4.1. Jipfish does not guarantee that the website will operate without interruption or errors or that all errors will be corrected.

4.2. Jipfish is entitled to make changes to the website at any time.

 

Article 5. Conditions of Use

5.1. When using the website, the customer must act in accordance with what is expected of a responsible and careful internet user.

5.2. The customer is not permitted to circumvent or crack the security applications on the website.

5.3. The customer is not permitted to use the website in such a way that the proper functioning of Jipfish's or third parties' computer systems is affected or that other users of the website are hindered or obstructed.

 

Article 6. Prices and Shipping Costs

6.1. The prices stated for the products include VAT and exclude shipping costs.

6.2. Jipfish is entitled to adjust its prices from time to time.

6.3. The amount of the shipping costs shall be communicated to the customer before the conclusion of the agreement.

 

Article 7. Conclusion of the agreement

7.1. The agreement is concluded:

  1. after the customer has expressly agreed to the offer of Jipfish; or
  2. after the customer has completed the entire ordering process via the website and clicked on the "Order with payment obligation" button.

7.2. The agreement can only be concluded via the website after the customer has clicked during the ordering process that he agrees to these general terms and conditions.

7.3. After the agreement has been concluded via the website, Jipfish will immediately send the customer a confirmation by e-mail. This confirmation e-mail includes the order number and other details of the customer's order. If the customer has not received a confirmation e-mail from Jipfish or if the confirmation e-mail does not correctly display the customer's order, the customer must contact Jipfish as soon as possible.

 

Article 8. Payment

8.1. The following payment methods are offered for products ordered through the website:

  1. via Shopify Payments and payment options offered there such as, but not limited to, iDeal;
  2. By transferring the invoice amount to Jipfish's bank account.

8.2. Jipfish has taken appropriate security measures to ensure that electronic payment via the website is secure.

 

Article 9. Delivery

9.1. Jipfish will take the greatest possible care in receiving and executing orders for products.

9.2. The order will be sent by Jipfish to the address provided by the customer.

9.3. All delivery times indicated by Jipfish have been established to the best of their knowledge and will be observed as much as possible.

9.4. If Jipfish cannot deliver the product within 30 days after the order has been placed via the website, Jipfish will notify the customer by e-mail, and the consumer has the right to terminate the agreement free of charge, unless a longer delivery period has been expressly agreed with the consumer. If the consumer terminates the agreement, Jipfish will refund any amounts already paid within 14 days of termination.

9.5. The risk of the product passes to the customer at the moment the customer has received the product.

 

Article 10. Right of withdrawal for the consumer

10.1. If the order is placed via the website, the consumer has the right to terminate the agreement without giving any reason for 14 days. This period starts running from the moment the consumer has received the product from Jipfish. The consumer is informed of the right of withdrawal in the e-mail he receives after placing the order or in writing upon delivery of the ordered products.

10.2. During the withdrawal period as described in Article 10.1, the consumer will handle the product and packaging with care. The consumer will only unpack the product to the extent necessary to assess whether he wishes to keep the product. Using the product will waive the right of withdrawal.

10.3. If the consumer wishes to exercise his right of withdrawal, he must expressly notify Jipfish of this within 14 days after receipt of the product. Jipfish provides the consumer with the "Withdrawal Form" with explanation, which the consumer can use if he wishes to terminate the agreement.

10.4. After the consumer has exercised his right of withdrawal, the consumer must return the product to Jipfish within 14 days, unused, undamaged, and unchanged and in the original packaging.

10.5. The consumer may also, without prior notice to Jipfish, exercise their right of withdrawal by returning the product to Jipfish within the withdrawal period as described in article 10.1. In such a case, the consumer must enclose the "model withdrawal form" or another unambiguous statement indicating that they are exercising their right of withdrawal with the return shipment.

10.6. If the consumer notifies Jipfish electronically that they are exercising their right of withdrawal, Jipfish will send the consumer an acknowledgement of receipt after receiving this notification.

10.7. If the returned product is damaged or shows signs of use, this damage will be deducted from the amount that Jipfish refunds to the consumer in accordance with article 10.10.

10.8. If the consumer terminates the agreement in accordance with this article, the shipping costs associated with returning the product will be borne by the consumer.

10.9. The risk of returning the shipment rests with the consumer.

10.10. Jipfish will reimburse already paid amounts (purchase price + shipping costs for sending the order) within 14 days after the consumer has exercised their right of withdrawal, provided that Jipfish has received the product in return, in the event of termination as described in this article.

10.11. Jipfish will provide the consumer with the document "Information regarding the exercise of the right of withdrawal", in which the procedures regarding the right of withdrawal are explained.

 

Article 11. Exclusion of the right of withdrawal

11.1. The right of withdrawal as described in article 10 explicitly does not apply to customers who are a company or natural person acting in the course of their profession or business.

 

Article 12. Conformity

12.1. Jipfish warrants that the products comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability and with the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

 

Article 13. Warranty

13.1. A warranty of 2 years is granted on the delivered products. This warranty is without prejudice to the rights or claims that the law grants to the consumer.

13.2. The invoice serves as the warranty certificate.

13.3. If the customer wishes to make a warranty claim, they can contact Jipfish's customer service.

13.4. The customer must allow Jipfish to investigate the warranty claim. The fact that Jipfish investigates a warranty claim does not imply that Jipfish accepts the warranty claim.

13.5. If the product shows a defect within the warranty period and the warranty claim is accepted by Jipfish, Jipfish will, at its option, replace the product, repair the product, or provide a replacement part. The liability of Jipfish is at all times limited to what is stated in article 14.

13.6. Replacing or repairing (parts of) the product does not extend the warranty period.

13.7. If it appears during the investigation of the warranty claim that one of the following situations applies, the warranty claim will be rejected:

  1. defects are the result of improper use, poor maintenance, or inadequate cleaning of the product;
  2. there is wear and tear on the product from normal use;
  3. the product has not been installed correctly;
  4. the product is not being used in accordance with the agreed-upon purpose and, in the absence of that, the usual purpose;
  5. the customer and/or third parties have performed work and/or modifications and/or repairs to the product;
  6. defects are the result of external circumstances such as fire, natural disasters, explosions, terrorism, cleaning agents, dirt buildup, landslides, floods, weather conditions, power outages, and lightning strikes;
  7. defects are the result of any government regulation regarding the nature or quality of the materials used;
  8. the damage was caused by the user of the product or by a third party (vandalism);
  9. there is a minor deviation that is customary in trade and/or technically unavoidable;
  10. the product has not been used in accordance with the instructions for use and/or the technical specifications;
  11. inspections have not been carried out accurately.

 

Article 14. Liability and limitation of liability

14.1. Jipfish cannot be held liable for any damages that are a direct or indirect consequence of:

  1. an event that is in fact beyond its control and cannot be attributed to its actions and/or omissions, as described, among other things, in article 15;
  2. any act or omission of the customer.

14.2. Jipfish is not liable for any damage caused by temporary unavailability of the ordering option, inaccessibility, or removal of its website due to maintenance or otherwise.

14.3. The colors that are visible on the customer's screen may differ from the actual colors of the product. Jipfish is not liable for such color deviations.

14.4. Jipfish is not liable for any damages of any kind caused by Jipfish relying on incorrect and/or incomplete information provided by the customer.

14.5. Jipfish is not liable for any damage to or caused by the product, for example, incorrect or unskilled use or use of the product contrary to the instructions for use. The use of the product is entirely at the customer's own risk.

14.6. Jipfish is not liable for mutilation or loss of data as a result of transmission of data using telecommunication facilities.

14.7. Jipfish is never obliged to pay compensation for consequential damages. Consequential damages include, in any case, lost turnover, lost profits, missed savings, production damage, business damage, business interruption, stagnation damage, delay damage, reputation damage, environmental damage, imposed fines, and indirect damages, regardless of their origin.

14.8. If Jipfish is liable for any damages, Jipfish's liability is limited to the amount of the payout made by Jipfish's insurer. If the insurer does not make a payout in any case or the damage is not covered by insurance, Jipfish's liability is limited to the invoice amount, or at least to that part of the agreement to which the liability relates.

14.9. The customer's rights of action and other powers against Jipfish, for any reason whatsoever, shall in any case lapse after the expiration of 1 year from the moment when a fact occurs that entitles the customer to exercise these rights and/or powers against Jipfish, provided that a limitation period of 2 years applies to consumers.

 

Article 15. Force Majeure

15.1. Jipfish is not obliged to fulfill one or more obligations under the agreement or to pay damages if force majeure exists. Force majeure includes, among other things, in addition to what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, which Jipfish cannot influence, but which prevent Jipfish from fulfilling its obligations. Force majeure includes in any case: weather conditions, theft, power and internet outages, virus infections or computer intrusions by third parties, floods, landslides and other natural disasters, terrorism, impediments by third parties, including those by governments, unavailability of one or more employees, obstructions in transportation, strikes, riots, wars or war dangers, loss of or damage to products during transport, export and import bans, fires, malfunctions and accidents in the business of Jipfish, the burning of Jipfish's means of transport or the transport company involved, malfunctions in it, being involved in accidents, government measures.

15.2. Force majeure also includes an attributable failure by a supplier of Jipfish.

15.3. If Jipfish knows or suspects that it cannot deliver the order (partially) on time due to force majeure, Jipfish will notify the customer thereof as soon as possible by e-mail.

 

Article 16. Customer service

16.1. For questions about the order or filing a complaint, the customer can contact Jipfish's customer service. Jipfish's customer service can be reached via the email address hello@jipfish.com.

16.2. For a question and/or complaint submitted by e-mail and that cannot be answered immediately, a receipt confirmation will be sent to the customer stating within what period the customer can expect an answer.

16.3. Complaints submitted to Jipfish will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Jipfish will reply within the 14-day period with a message of receipt and an indication of when the customer can expect a more detailed answer.

 

Article 17. Privacy

17.1. Jipfish processes personal data in accordance with the Dutch Personal Data Protection Act.

 

Article 18. Applicable law and competent court

18.1. Dutch law applies to the agreement between Jipfish and the customer.

18.2. All disputes relating to agreements between the customer and Jipfish shall be submitted to the competent court in the district where Jipfish is located. The consumer has 1 month after Jipfish has addressed the dispute in writing to choose the competent court designated by law.