GENERAL TERMS AND CONDITIONS JUKI AMSTERDAM

E-mail: info@jukiamsterdam.com

Website: www.jukiamsterdam.com

Definitions

1. Juki Amsterdam, established in Amsterdam, Chamber of Commerce no. 83745998.
2. Customer: the party with which Juki Amsterdam has entered into an agreement.
3. Parties: Juki Amsterdam and customer together.
4. Consumer: a customer who is an individual acting for private purposes.

Applicability

1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Juki Amsterdam.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

1. All prices used by Juki Amsterdam are in euros, are inclusive of VAT, and exclusive of any other costs such as administration costs, levies, and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise. 
2. Juki Amsterdam is entitled to adjust all prices for its products or services, shown in its shop, on its website, or otherwise, at any time.
3. Increases in the cost prices of products or parts thereof, which Juki Amsterdam could not foresee eat the time of making an offer or the conclusion of the agreement, may give rise to price increases. 
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3 unless the increase is to result of statutory regulation.

Samples/models

If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplies conform to the sample of model.

Payments and payment term

1. Juki Amsterdam may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
2. The customer must have paid the full amount within 14 days, after delivery.
3. Payment terms are considered fatal payment terms. This means that if the customer has not paid the agreed amount at least on the last day of the payment term, he is legally in default, without Juki Amsterdam having to send the customer a reminder or to put him in default. 
4. Juki Amsterdam reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.

Consequences of late payment

1. If the customer does not pay within the agreed term, Juki Amsterdam is entitled to charge an interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby a part of a month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Juki Amsterdam.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs. 
4. If the customer does not pay on time, Juki Amsterdam may suspend its obligations until the customer has met his payment obligations.
5. In the event of liquidation, bankruptcy, attachment, or suspension of payment on behalf of the customer, the claims of Juki Amsterdam on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by Juki Amsterdam, he is still obliged to pay the agreed price to Juki Amsterdam.

Right of recovery of goods

1. As soon as the customer is in default, Juki Amsterdam is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer. 
2. Juki Amsterdam invokes the right of recovery by means of a written electronic announcement. 
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Juki Amsterdam, unless the parties agree to make other arrangements about this. 
4. The costs for the collection or return of the products are at the expense of the customer. 

Right of withdrawal

1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that: 

• The product has not been used
• It is not a product that can spoil quickly, like food or flowers
• The product is not specially tailored for the consumer or adapted to its special needs
• It is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
• The seal is still intact when the product is a data carrier with digital content (DVDs, CDs, etc.)
• The product is not a (holiday)trip, a transportation ticket, catering order, or a form of leisure activity,
• The product is not a separate magazine or a loose newspaper
• The consumer has not renounced his right of withdrawal

1. The cooling-off period of 14 days as referred in paragraph 1 commences:

• On the day after the consumer has received the last product or part of 1 order
• As soon as the consumer has received the first product of a subscription
• As soon as the consumer has confirmed the purchase of digital content via the internet

1. The consumer can notify his right of withdrawal via info@jukiamsterdam.com, if desired by using the withdrawal form that can be downloaded via the website of Juki Amsterdam, www.jukiamsterdam.com. 
2. The consumer is obliged to return the product to Juki Amsterdam within 14 days after the notification of his right of withdrawal, after which the period his right to withdrawal will lapse.

Reimbursement of delivery costs

If the purchase costs and any other costs (such as shipping costs) are eligible for reimbursement according to the law, Juki Amsterdam will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Juki Amsterdam in time. 

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the complete order will be borne by the consumer. 

Suspension of obligation by the customer

The customer wives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

1. Juki Amsterdam can appeal to his right of retention of title and in that case retain the products sold by Juki Amsterdam to the customer until the customer has paid all outstanding invoices with regard to Juki Amsterdam unless the customer has provided sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Juki Amsterdam.
3. Juki Amsterdam is never liable for any damage that the customer may suffer as a result of using his right of retention of title. 

Settlement

The customer waives his right to settle any debt to Juki Amsterdam with any claim on Juki Amsterdam. 

Retention of title.

1. Juki Amsterdam remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Juki Amsterdam under whatever agreement with Juki Amsterdam including of claims regarding the shortcomings in the performance.
2. Until then, Juki Amsterdam can invoke its retention of title and take back the goods.
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If Juki Amsterdam invokes its retention of title, the agreement will be dissolved and Juki Amsterdam has the right to claim compensation, lost profits and interest.

Delivery

1. Delivery takes place while stocks last.
2. Delivery takes place at Juki Amsterdam unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer. 
4. If the agreed price is not paid on time, Juki Amsterdam has the right to suspend its obligations until the agreed price is fully paid.
5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Juki Amsterdam.

Delivery period

1. Any delivery period specified by Juki Amsterdam is indicative and does not give the customer the right to dissolution or compensation if this period is not met with unless the parties have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Juki Amsterdam.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract unless Juki Amsterdam cannot deliver within 14 days after the customer has urged him to do so in writing or if the parties have agreed upon otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time. 

Transport costs

Transport costs are paid by the customer unless the parties have agreed upon otherwise.

Packing and shipping

1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Juki Amsterdam may not be held liable for any damage. 
2. If the customer himself takes care of the transport of the product, he must report any visible damage to products or the packaging prior to the transport to Juki Amsterdam, failing which Juki Amsterdam cannot be held liable for any damage.

Insurance Storage 

1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
2. Any extra costs as a result of the premature or late purchase of products are entirely at the customer’s expense.

Guarantee

1. The warranty relating to products only applies to defects caused by faulty manufacture, construction, or material. 
2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
3. The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer. 

Indemnity

The customer indemnifies Juki Amsterdam against all third-party claims that are related to the products and/or services by Juki Amsterdam.

Complaints

1. The customer must examine a product or service provided by Juki Amsterdam as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Juki Amsterdam of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform Juki Amsterdam of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings so that Juki Amsterdam is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Juki Amsterdam being forced to perform other work than has been agreed.

Giving notice

1. The customer must provide any notice of default to Juki in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Juki Amsterdam (in time).

Joint and several Client liabilities

If Juki Amsterdam into an agreement with serval customers, each of them shall be jointly and severally liable for the full amounts due to Juki Amsterdam under that agreement.

Liability of Juki Amsterdam

1. Juki Amsterdam is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. If Juki Amsterdam is liable for any damage, it is only liable for direct damages that result from or are related to the execution of an agreement.
3. Juki Amsterdam is never liable for indirect damages, such as consequential loss, lost profit, lost savings, or damage to third parties.
4. If Juki Amsterdam is liable, its liability is limited to the amount paid by a closed (professional) liability insurance, and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates. 
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate, and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry period

Every right of the customer to compensation from Juki Amsterdam shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6.89 Dutch Civil Code.

Dissolution

1. The customer has the right to dissolve the agreement if Juki Amsterdam imputably fails in the fulfillment of his obligation, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by Juki Amsterdam is not permanent or temporarily impossible, dissolution can only take place after Juki Amsterdam is in default.
3. Juki Amsterdam has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Juki Amsterdam good grounds to fear that the customer will not be able to fulfill his obligations properly.

Force majeure

1. In addition to the provision of article 6:75 Dutch Civil Code, a shortcoming of Juki Amsterdam in the fulfillment of any obligation to the customer cannot be attributed to Juki Amsterdam in any situation independent of the will Juki Amsterdam, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Juki Amsterdam.
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen, or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions, and work stoppages. 
3. If a situation of force majeure arises as a result of which Juki Amsterdam cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Juki Amsterdam can comply with them.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 
5. Juki Amsterdam does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

Modification of the agreement

If, after the conclusion of the agreement and before its implementations, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

Changes in the general terms and conditions

1. Juki Amsterdam is entitled to amend or supplement these general therms and conditions.
2. Changes or minor importance can be made at any time.
3. Major changes in the content will be discussed by Juki Amsterdam with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

1. The customer cannot transfer its rights deferring from an agreement with Juki Amsterdam to third parties without the prior written consent of Juki Amsterdam. 
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Juki Amsterdam had in mind when drafting the conditions on that issue.

Applicable law and competent court 

1. Dutch law is exclusively applicable to all agreements between the parties. 
2. The Dutch court is in the district where Juki Amsterdam is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

Drawn up on 03 December 2021.