General Terms and Conditions
Our terms and conditions
General terms and conditions JB Motors
Article 1. Definitions
In these terms and conditions the following definitions apply: General Terms and Conditions: the present General Terms and Conditions of JB Motoren.
Grace period: the period within which you can exercise your right of withdrawal; Day: calendar day;
Durable data carrier: any means that enables you or JB Motoren. to store information addressed to you personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for you to waive the agreement within the cooling-off period;
JB Motoren the legal entity offering products and/or services at a distance;
Distance agreement: an agreement whereby, within the framework of a system organized by JB Motoren for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technology for distance communication: means that can be used for the conclusion of an agreement, without you and JB Motoren being together in the same room at the same time.
Article 2. Details JB Motoren
JB Motoren hereinafter referred to as JB
Koomenstraat 5
1731 XA Winkel
Phone number:
06 23 618 498
E-mail address: Jarno.Bierman@gmail.com
Chamber of Commerce number: 78357950
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JB Motorcycles is registered under the KOR therefore no VAT is mentioned on invoices.
Article 3. Applicability
These general conditions apply to every offer made by JB and to every agreement/order made between you and JB.
These conditions form part of the (purchase) agreement concluded by the parties.
Should one or more of the provisions in these general terms and conditions at any time be wholly or partially void or nullified, the agreement and these terms and conditions shall remain in force for the rest and the provision in question shall be replaced forthwith in consultation between the parties by a provision that approximates the purport of the original as closely as possible.
Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
Article 4. The offer
If an offer has limited validity or is made under specific conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. JB is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by you. Obvious mistakes or obvious errors in the offer do not bind JB.
All images, specifications data in the offer are only indicative. No damages or dissolution of the agreement can be claimed on the basis of these images.
JB cannot guarantee that the colors shown in the images exactly match the real colors of the products.
All agreements between JB and Client must be in writing or electronically. Client is entitled to a copy of any agreement recorded in writing. The absence of a written or electronic record of an agreement between JB and Client shall not render such agreement void or voidable.
In the absence of a written or electronically recorded agreement, JB may also use any information carrier related to this agreement from its (electronic) administration as evidence of the existence and content of the agreement, without prejudice to the Client's right to provide evidence to the contrary.
Article 5. The Agreement
The agreement is established by offer and acceptance.
JB reserves the right, without giving reasons, to refuse orders or to attach further conditions to the delivery, unless expressly offered products and/or services not increased, subject to price changes resulting from changes in VAT rates.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, JB is not obliged to deliver the product according to the incorrect price.
If the price is a purchase price, any additional costs associated with the item sold, such as assembly, inspection, preparation for driving, delivery and shipment, are not included in the price, unless explicitly agreed otherwise. JB shall state such additional costs, if applicable, in its offer or quotation.
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Article 6. Right of withdrawal
When purchasing products, you may dissolve the agreement without giving reasons for 14 days. This cooling-off period starts the day after receipt of the product by you or a representative designated by you and made known to JB.
During the cooling-off period, you must handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to assess whether you wish to keep the product. If you exercise the right of withdrawal, you must return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to JB, in accordance with any further return instructions.
If you wish to use the right of withdrawal you are obliged to make this known within 14 days after receipt of the product. This must be done by means of an e-mail and the mention of the order number. After you have made it known that you want to use your right of withdrawal, you must return the product within 14 days.
If after the expiry of the periods mentioned in paragraphs 2 and 3 you have not made known that you wish to exercise the right of withdrawal, respectively have not returned the product to JB, the purchase is a fact.
JB reserves the right to charge you a fee if you have made use of the product during the withdrawal period.
The above 14-day period is not a trial period. This period allows you 14 days to think about your purchase.
Article 7. Costs in case of withdrawal
JB reserves the right to charge you for the cost of the return shipment.
JB will pay the return amount within 14 days, provided that the product is actually received by JB.
Retention of title
JB excludes the right of withdrawal for the following products.
a. Products created by JB in accordance with your specifications (customization);
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. whose price is subject to fluctuations on the financial market over which JB has no influence;
f. for audio and video recordings and computer software of which you have broken the seal;
g. for hygienic products of which you have broken the seal.
Article 9. Price
All prices are in Euros and include VAT, excluding shipping costs.
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, JB is not obliged to deliver the product according to the incorrect price.
If the price is a purchase price, any additional costs related to the sold item, for instance assembly, inspection, preparation for driving, delivery and shipment, are not included in the price, unless explicitly agreed otherwise. JB shall state such additional costs, if applicable, in its offer or quotation.
Article 10. Conformity and warranty
JB guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, JB guarantees that the product is suitable for other than normal use.
2. Any defects or incorrectly delivered products must be reported to JB in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition. JB reserves the right to replace the item with a new one or JB may return the amount paid. JB will bear the costs of the (return) shipment.
3. JB's warranty period corresponds to the manufacturer's warranty period. However, JB is not responsible for the ultimate suitability of the products for each individual application, nor for any advice regarding the use or application of the products.
4. The warranty does not apply if:
a. You have repaired and/or modified the delivered products yourself or had them repaired and/or modified by a third party;
b. The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of JB. and/or on the packaging;
5. The warranty does not cover normal wear and tear on objects, especially those on, for example, batteries, brake pads and chain sets. These types of products are covered by a 1-year warranty on production and material defects. 6. JB is in no situation responsible for events or warranty of self-supplied parts regardless of the condition of the part. 7. JB is not liable for consequential damages resulting from a malfunctioning product, incompetent or improper use thereof.
Article 11. Delivery, execution, invoicing
If you discover transport damage, you are obliged to report it to JB as soon as possible, but at the latest within 14 days, mentioning the package number of the transport company. The delivery times (mentioned on the website) are indicative. Exceeding the delivery time does not entitle you to compensation or the right to cancel your order.
2. The average delivery time of products is from 2 to 4 working days. Only when clearly stated, certain products have a delivery time of 48 hours.
3. JB reserves the right to outsource work to third parties.
4. JB invoices digitally. You will receive an invoice by email, or whatsapp. If desired, the invoice can be delivered on paper.
Article 12. Retention of title
Ownership of the delivered products is transferred only after the amount due has been paid in full. The risk passes to you at the time of delivery.
Article 13. Payment
Payment must be made by one of the following methods:
a. Cash
b. Bank transfer
c. Payment request
Payment for a custom motor project should be made as follows: based on the agreement between client and JB. At the start of the rebuild, a 50% down payment shall be made based on the full amount agreed upon prior to the start. Somewhere halfway through the renovation at a time to be determined by JB, a payment of 30% is to be made based on the full amount agreed upon before the start. At the end of the renovation, i.e. upon delivery of the completed custom motorcycle, a final payment of 20% must be made based on the full amount agreed upon before the start.
Regarding the information written in preceding paragraph 2. any additional costs incurred on the basis of complications observed during the rebuild are not included in the said fully pre-agreed amount. These costs should be paid by the client at the end of the remodeling, i.e., upon delivery of the custom motorcycle, unless JB indicates that it is necessary during the remodeling that these costs should be paid because otherwise the remodeling cannot continue.
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In the event of full or partial non-performance of an obligation to pay, the Client shall immediately be in default vis-à-vis JB, without any notice of default or other formality being required. Client shall in that case owe the applicable statutory interest, calculated from the date on which Client became in default.
JB shall give a private client, by means of a written reminder, a one-time opportunity to still ensure full payment of the amount due, within fourteen days after this reminder has been sent, without any collection or other additional costs for the client.
All costs, both in and out of court, that JB has to incur if the client fails to comply or comply fully with an existing obligation towards it, shall be borne by the client, this without prejudice to the legal limits that apply to passing on costs to the private client.
Article 14. Complaints procedure
JB has a complaints procedure and will handle the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be made within 7 days fully and clearly described, after you have found the defects.
Complaints will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, JB will respond within the 14-day period with a notice of receipt and an indication of when you can expect a more detailed answer.
If a complaint is found valid by JB, JB will, at its discretion, replace or repair the delivered products free of charge.
Article 15. Force majeure
JB does not have to fulfil an obligation towards the client if it is not or not entirely able to do so as a result of a circumstance that cannot be attributed to it and that is not for its account under the law, a legal act or generally accepted practice.
In these general terms and conditions, force majeure means, in addition to what is understood under the law and jurisprudence, all external causes, foreseen and unforeseen, which JB cannot influence, but which prevent JB from fulfilling its obligations. JB is also entitled to invoke force majeure if the circumstance preventing (further) performance of the agreement occurs after JB should have fulfilled its obligation.
JB may suspend the performance of its obligations under the agreement during the period in which the force majeure continues. If this period lasts longer than two months, both JB and the Client shall be entitled to dissolve the Agreement, without the party dissolving being liable to pay compensation to its counterparty.
To the extent that JB has already partially performed or will be able to partially perform its obligations under the Agreement at the time of the occurrence of force majeure, and the relevant part of JB's performance has independent value, JB shall be entitled to (perform and) invoice that part separately to the Client. The Client is obliged to pay the amount of this invoice.
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Article 16. Disputes
Agreements between JB and the associated general shall be governed exclusively by Dutch law, even if you reside abroad.
Article 17. Custom motorcycles
JB Motoren gives no warranty on custom built motorcycles. When building a custom motorcycle JB Motoren takes great care, however, because it is a one off product, technical and functional problems may arise that were not anticipated in advance. JB Motoren is not liable for solving these unforeseen problems.
JB gives no warranty on used motor vehicles, used parts or used materials, without prejudice to any warranty still valid by the manufacturer or importer and without prejudice to the legal rights a private client has in case of purchase of a movable item.
Unless otherwise agreed, JB does not give any warranty on motor vehicles, parts and materials that it sells on consignment, whether new or used.
JB guarantees the proper performance of the work assigned to it exclusively within the Netherlands and for a period of 1 month, counting from the day of delivery. For the painting of motor vehicles, contrary to the previous sentence, a warranty period of 2 months, counting from the day of delivery, shall apply. JB is authorized to include additional or different warranty conditions in a separate document.
The guarantee given by JB, as referred to in paragraph 3, does not apply if the item on which JB has carried out work is wholly or partially damaged as a result of non-normal use. Nor does this warranty apply if the Client has had repair or other work carried out on the item in question by third parties without JB's prior permission, nor has the Client carried this out itself. The Client is also not entitled to the aforementioned warranty if he does not give JB the opportunity to remedy the detected defect.
The Client is obliged to inspect the item sold to it by JB or the item on which JB has carried out work upon delivery, in particular, but not exclusively, for the presence of dents, scratches and/or other damage. In all cases he shall immediately point out to JB any defects in the performance delivered.
In the event that JB uses parts or materials that the Client has made available to it when carrying out the work, or that it has purchased and/or used on the instructions of the Client when carrying out the assigned work, any defects in those parts or materials will always be at the expense and risk of the Client.
The Client cannot invoke a warranty given by JB if JB has had spraying work carried out on (part of) a motor vehicle or has provided that (part of) a motor vehicle with a wrapping and there is a difference in color in the paint or the wrapping that cannot be observed with the naked eye in daylight.
JB gives no warranty for emergency repairs or other work carried out provisionally on behalf of the client.
JB cannot be held financially liable for goods and/or parts that the client deposits on the business before, during or after the remodeling of his/her vehicle and does not pick up within 2 weeks after completion of the project. This is due to unnecessary piling up of goods and/or parts. If the client does not collect the goods/parts within the specified 2 weeks, JB is entitled to throw away the goods/parts.
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Article 18. Privacy
JB will treat your data confidentially.
They will not be made available to a third party, unless this is necessary to execute your order, on the basis of a legal requirement, an emergency, or insofar as this is necessary for an urgent reason and in the judgment of JB.
JB makes use of so-called cookies. These are small files that we use to collect information about the use of our website. They are also files that your browser automatically stores on your electronic device. This facilitates a subsequent visit to our website and with the help of cookies only the electronic device is recognized. Cookies are therefore not used to identify individuals. Through the use of cookies we are able to serve you even better and anticipate the needs of you as a customer.