General terms and conditions
Below you will find our General Terms and Conditions. These apply at all times when you use or place an order via our Website. The General Terms and Conditions contain important information for you as a buyer. Therefore, please read them carefully. We recommend that you save or print these terms and conditions so that you can read them again at a later time.
Article 1. Definitions
1.1 Desmaco Europe B.V.: located in Waalwijk and registered with the Chamber of Commerce under registration number 82738785, operating under the name Jumatra.
1.2 Website: the website of Desmaco Europe B.V., which can be accessed via https://jumara.nl and all the associated subdomains.
1.3 Customer: the customer who, whether acting in the exercise of a profession or business, enters into an Agreement with Desmaco Europe B.V. and/or has registered on the website.
1.4 Agreement: any agreement or contract between Desmaco Europe B.V. and the Customer, of which the General Terms and Conditions form an integral part.
1.5 General terms and conditions: the present General Terms and Conditions.
Article 2. Applicability of General Terms and Conditions
2.1 All offers, agreements and deliveries of Desmaco Europe B.V. are subject to the General Terms and Conditions, unless explicitly agreed otherwise in writing.
2.2 If the Customer, in his order, confirmation or notification containing acceptance, includes provisions or conditions that deviate from, or do not appear in the General Terms and Conditions, these shall only be binding on Desmaco Europe B.V. if and to the extent that they have been expressly accepted by Desmaco Europe B.V. in writing.
2.3 In the event that in addition to these General Terms and Conditions specific product or service terms also apply, those terms shall also apply; however, in the event of conflicting terms, the Customer may always rely on the applicable provision that is most favorable to them.
Article 3. Prices and information
3.1 All prices stated on the Website and in other materials originating from Desmaco Europe B.V. include VAT and, unless otherwise stated on the Website, other charges imposed by the government.
3.2 If shipping costs are calculated, this will be clearly stated in a timely manner before the Agreement is concluded. Additionally, these costs will be displayed separately in the order process.
3.3 The content of the Website has been compiled with the utmost care. However, Desmaco Europe B.V. cannot guarantee that all information on the Website is always accurate and complete. All prices and other information on the Website and in other materials produced by Desmaco Europe B.V. are therefore subject to the presence of obvious programming and typing errors.
3.4 Desmaco Europe B.V. cannot be held responsible for (color)differences resulting from the quality of the display.
Article 4. Conclusion of the Agreement
4.1 The Agreement comes into effect at the time of acceptance by the Customer of the offer from Desmaco Europe B.V. and the fulfilment of the conditions set by Desmaco Europe B.V. therein.
4.2 If the Customer has accepted the offer via electronic means, Desmaco Europe B.V. will immediately confirm by electronic means the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to terminate the Agreement.
4.3 If it turns out that incorrect data have been provided when accepting or otherwise entering into the Agreement by the Customer, Desmaco Europe B.V. has the right to only begin fulfilling its obligations after the correct data have been received.
4.4 Desmaco Europe B.V. may, within the legal framework, ascertain whether the Customer is able to meet its payment obligations, but also of all facts and factors that are relevant for the responsible conclusion of the Agreement. If Desmaco Europe B.V. has good reason to conclude the Agreement on the basis of this investigation, it is entitled to refuse an order or request, or to attach special conditions to its execution, such as requiring advance payment.
Article 5. Registration
5.1 To make optimal use of the Website, the Customer can register using the registration form/ account login option on the Website.
5.2 During the registration process, the Customer chooses a username and password with which he/she can log in to the Website after registration. The Customer is solely responsible for choosing a sufficiently reliable password.
5.3 The customer must keep their login details, username and password strictly confidential. Desmaco Europe B.V. is not liable for misuse of the login details and must always assume that a Customer who registers on the Website is actually that Customer. Everything that happens through the customer account is the responsibility and risk of the customer.
5.4 If the Customer knows or suspects that his login details have come into the hands of unauthorized persons, he must change his password as soon as possible and/or inform Desmaco Europe B.V. thereof so that Desmaco Europe B.V. can take appropriate measures.
Article 6. Implementation of the Agreement
6.1 As soon as the order has been received by Desmaco Europe B.V., Desmaco Europe B.V. will send the products, subject to the provisions set out in paragraph 3 of this Article, as soon as possible.
6.2 Desmaco Europe B.V. is entitled to engage third parties to carry out the obligations arising from the Agreement.
6.3 On the Website, it is clearly described, in a timely manner before the conclusion of the Agreement, how delivery will take place and within what timeframe the products will be delivered. If no delivery period has been agreed upon or specified, products will in any case be delivered within 30 days.
6.4 If Desmaco Europe B.V. is unable to deliver the products within the agreed timeframe, it will notify the Customer accordingly. In that case, the Customer may agree to a new delivery date or have the option to terminate the Agreement free of charge.
6.5 Desmaco Europe B.V. advises the Customer to inspect the delivered products and to report any defects found within a reasonable time, preferably in writing. See the Article regarding warranty and conformity in more detail.
6.6 As soon as the products to be delivered have been delivered to the specified delivery address, the risk, in respect of these products, shall pass to the Customer. Unless expressly agreed otherwise, the risk shall pass to the Customer earlier. If the Customer decides to collect the products, the risk shall pass upon delivery of the products.
6.7 Desmaco Europe B.V. is entitled to deliver a similar product of similar quality as the ordered product, if the ordered product is no longer available. The customer is then entitled to terminate the Agreement free of charge and return the product free of charge.
Article 7. Right of withdrawal
7.1 This article applies only to the Customer being a natural person who is not acting in the exercise of his profession or business.
7.2 The customer has the right to terminate the Distance Agreement concluded with Desmaco Europe B.V. within 14 days of receiving the product, without giving reasons, free of charge.
7.3 The term begins on the day after the Customer, or a third party designated by him in advance who is not the carrier, has received the product, or:
- if the Customer has ordered multiple products in the same order: the day on which the Customer, or a third party designated by them, received the last product;
- if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by them, received the last shipment or the last part;
- in the case of Contracts for the regular supply of products over a certain period: the day on which the Customer, or a third party designated by them, received the first product.
7.4 The customer is responsible for paying the return costs themselves, if these costs are higher than the regular postal rate. Desmaco Europe B.V. provides an estimate of these costs. The shipping costs incurred by the customer when purchasing the product are not included in the costs for the return and remain the customer's own responsibility.
7.5 Within the withdrawal period referred to in paragraph 1, the Customer shall handle the product and its packaging with care. The Customer shall only open the packaging and use the product to the extent necessary to verify the nature, characteristics and functioning of the products. The starting point here is that this inspection must not go beyond what a Customer could do in a physical store.
7.6 The customer is only liable for any depreciation of the product that is the result of a manner of handling the product that goes beyond what is permitted in the previous paragraph.
7.7 The Customer may terminate the Agreement within the period set out in paragraph 1 of this Article by sending the Desmaco Europe B.V. model cancellation form (digitally) or by making it known to Desmaco Europe B.V. in any other unequivocal manner that they no longer wish to purchase the product. In the event of a digital notification, Desmaco Europe B.V. will confirm receipt of that notification. Upon termination, the Customer has 14 days to return the product. It is also possible to return the product directly within the cooling-off period set out in paragraph 1 of this Article, provided that the model cancellation form or other unequivocal declaration of cancellation is attached.
Products can be returned to:
Desmaco Europe B.V.
Zanddonkweg 7-A
5144NX, Waalwijk
7.8 Amounts already paid by the Customer (in advance) will be refunded to the Customer as soon as possible, but no later than 14 days after the termination of the Agreement, in the same way as the Customer paid for the order. If the Customer has chosen a more expensive method of delivery than the cheapest standard delivery, Desmaco Europe B.V. will not be required to refund the additional costs for the more expensive method. Unless Desmaco Europe B.V. offers to collect the product itself, Desmaco Europe B.V. may wait with refunding until Desmaco Europe B.V. has received the product or until the Customer proves that he has returned the product, whichever occurs first.
7.9 On the Website, information is clearly and in a timely manner provided before the Agreement is concluded regarding whether the right of withdrawal applies and any desired procedure that may be applicable.
7.10 The right of withdrawal does not apply to:
- Products that have been produced by the entrepreneur in accordance with the Customer’s specifications;
- The delivery of digital content other than on a material medium, where the performance has begun with the express prior consent of the Customer and he has declared that he hereby loses his right of withdrawal.
Article 8. Payment
8.1 The customer must pay Desmaco Europe B.V. in accordance with the payment methods specified in the order process and on the Website, if applicable. Desmaco Europe B.V. is free to choose the payment methods it offers and may change them from time to time. In the event of payment after delivery, the customer has a payment term of 14 days starting on the day after delivery.
8.2 If the Customer fails to meet its payment obligations in a timely manner, after being notified by Desmaco Europe B.V. of the late payment and Desmaco Europe B.V. has granted the Customer a period of 14 days to still meet its payment obligations, after the failure to make payment within this 14-day period, Desmaco Europe B.V. shall be entitled to charge the statutory interest on the outstanding amount and Desmaco Europe B.V. shall be entitled to charge the out-of-court collection costs incurred by it. These collection costs amount to a maximum of: 15% for outstanding amounts up to €2,500; 10% for the subsequent €2,500 and 5% for the next €5,000, with a minimum of €40. Desmaco Europe B.V. may deviate from these amounts and percentages for the benefit of the Customer.
Article 9. Warranty and conformity
9.1 This article only applies if there is a Customer who is not acting in the exercise of their profession or business. If a separate warranty is provided by Desmaco Europe B.V. for the products, without prejudice to the above, this applies to all types of Customers.
9.2 Desmaco Europe B.V. guarantees that the products meet the Agreement, the specifications stated in the offer, the reasonable requirements of adequacy and/or usability, and the legal provisions and/or government regulations in effect on the date of the conclusion of the Agreement. If specifically agreed upon, Desmaco Europe B.V. also guarantees that the product is suitable for use other than normal use.
9.3 A warranty provided by Desmaco Europe B.V., the manufacturer or importer, does not affect the legal rights and claims that the Customer already has and may invoke under the Agreement.
9.4 If the delivered product does not meet the Agreement, the Customer must notify Desmaco Europe B.V. within a reasonable period after discovering the defect.
9.5 If Desmaco Europe B.V. finds the complaint to be justified, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum compensation is, subject to the Article regarding liability, equal to the price paid by the Customer for the product.
Article 10. Warranty for business purchases
10.1 Desmaco Europe B.V. guarantees that the products meet the Agreement, the specifications stated in the offer, the reasonable requirements of adequacy and/or usability, and the legal provisions and/or government regulations in effect at the time the Agreement was concluded. If specifically agreed upon, Desmaco Europe B.V. also guarantees that the product is suitable for use other than normal use. Otherwise, the product is suitable for normal use.
10.2 If the delivered product does not meet the Agreement upon delivery, the Customer must notify Desmaco Europe B.V. within 2 days of delivery. If the Customer does not do so, he/she cannot claim any further compensation for repair, replacement, etc., if the product was delivered defective.
10.3 If Desmaco Europe B.V. finds the complaint to be justified, the relevant products will be repaired, replaced, or (partly) reimbursed after consultation with the Customer.
Article 11. Complaint procedure
11.1 If the Customer has a complaint about a product (in accordance with the Article regarding warranty and conformity) and/or about other aspects of the services provided by Desmaco Europe B.V., they may submit a complaint to Desmaco Europe B.V. by telephone, email or post. See the contact details at the bottom of the General Terms and Conditions.
11.2 Desmaco Europe B.V. will respond to the customer’s complaint as soon as possible, but in any case within 2 days of receiving the complaint. If it is not yet possible to provide a substantive or definitive response, Desmaco Europe B.V. will confirm the complaint within 2 days of receiving it and provide an indication of the timeframe within which it expects to provide a substantive or definitive response to the customer’s complaint.
11.3 A customer who is not acting in the exercise of their profession or business may also file a complaint via the European dispute resolution platform, which can be reached at http://ec.europa.eu/odr/.
Article 12. Liability
12.1 This Article applies only if the Customer is a natural person or legal entity acting in the exercise of its profession or business.
12.2 The total liability of Desmaco Europe B.V. towards the Customer due to culpable failure to comply with the Agreement is limited to compensation of up to the amount of the price agreed for that Agreement (including VAT).
12.3 The liability of Desmaco Europe B.V. towards the Customer for indirect damage, including but not limited to consequential damage, lost profits, missed savings, loss of data and damage due to business stagnation, is excluded.
12.4 Outside the cases mentioned in the previous two paragraphs of this Article, Desmaco Europe B.V. shall have no liability whatsoever to the Customer for compensation for damages, regardless of the basis on which any claim for compensation would be based. However, the limitations mentioned in this Article shall be waived if and to the extent that the damage is the result of intent or gross negligence on the part of Desmaco Europe B.V.
12.5 The liability of Desmaco Europe B.V. towards the Customer for culpable failure to perform a Contract arises only if the Customer promptly and properly notifies Desmaco Europe B.V. in writing, setting a reasonable deadline for remedying the failure, and Desmaco Europe B.V. also fails to comply with its obligations after that deadline has passed. The notice of default must contain a description of the failure as detailed as possible, so that Desmaco Europe B.V. can respond appropriately.
12.6 The prerequisite for the existence of any right to compensation is always that the Customer reports the damage to Desmaco Europe B.V. in writing as soon as possible, but no later than 30 days after it has occurred.
12.7 In the event of force majeure, Desmaco Europe B.V. shall not be liable for any damage caused to the Customer as a result thereof.
Article 13. Property Reservation for Business Purchases
13.1 All goods delivered remain the property of Desmaco Europe B.V. until all claims that Desmaco Europe B.V. has against the Business Customer are settled.
(including any related (collection) costs and interest) have been paid in full.
13.2 The Business Customer is not authorized to sell, deliver or otherwise dispose of these items before the intended transfer of ownership, unless in accordance with its normal business and the normal purpose of the items. Furthermore, the Business Customer is not permitted to pledge these items or grant any other right to third parties until ownership of these items has passed to the Business Customer.
13.3 The business customer is obliged to keep the goods delivered under retention of title as Desmaco Europe B.V.'s identifiable property.
13.4 Desmaco Europe B.V. is entitled to reclaim the goods delivered under retention of title and still present with the buyer if the Business Customer does not pay the invoices in a timely manner or is in payment difficulties or threatens to become so.
13.5 The Business Customer shall at all times grant Desmaco Europe B.V. free access to its premises for inspection purposes and/or to exercise the rights of Desmaco Europe B.V.
Article 14. Personal data
14.1 Desmaco Europe B.V. processes the personal data of the Customer in accordance with the privacy statement published on the Website.
Article 15. Final provisions
15.1 The Agreement shall be governed by Dutch law.
15.2 Unless otherwise provided by mandatory law, all disputes that may arise from the Agreement shall be submitted to the competent Dutch court in the district where Desmaco Europe B.V. is located.
15.3 If any provision of these General Terms and Conditions is found to be invalid, this shall not affect the validity of the entire General Terms and Conditions. In that case, the parties will determine a (new) provision(s) in its place, which will give effect as far as legally possible to the intent of the original provision.
15.4 “Written” in these General Terms and Conditions also includes communication by email and fax, provided that the identity of the sender and the integrity of the email are sufficiently established.
Contact details
If you have any questions, complaints or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by email.
Desmaco Europe B.V.
Zanddonkweg 7-A
5144NX, Waalwijk
Phone: +31850048200
Email: info@jumatra.nl
Business registration number: 82738785
VAT number: NL862586148B01
