General conditions of Transportscanner.nl / Jaques & Kik BV
We recommend that you read these Terms and Conditions carefully so that you are aware of your rights and obligations under the Agreement between you and us. You are referred to in these Terms and Conditions as the Customer. For convenience, we choose the masculine form, but where “he” appears, we obviously also mean “she”.
Article 1. Definitions
In these General Terms and Conditions, the following capitalized terms shall always have the following meanings:
General Terms and Conditions these general terms and conditions of Jaques & Kik BV;
Service a service offered on the Website by Jaques & Kik BV;
Login Details the combination of the Customer’s username and password for placing an order on the Website;
Client the legal person who places an order on the Website; Jaques & Kik BV the private limited company Jaques & Kik BV, located and with offices in (1017BZ) Amsterdam at Herengracht 420;
Agreement the agreement between Client and Jaques & Kik BV concluded through the Website pursuant to which the Client purchases the Service from Jaques & Kik BV;
Privacy Statement the privacy statement of Jaques & Kik BV, which can be found on the Website;
Website the website of Jaques & Kik BV, on which the Service is offered;
Article 2. Applicability
The General Conditions apply to any offer of Jaques & Kik BV on the Website, the use of the Website and to any Agreement concluded through the Website. Jaques & Kik BV can always change and/or supplement these General Terms and Conditions. Amendments do not apply to Agreements already concluded. The most up-to-date General Terms and Conditions can be found on the Website. If the Customer does not agree with the amended and/or supplemented General Terms and Conditions, the Customer can no longer order the Service. Any general terms and conditions or other conditions of the Customer do not apply to the Agreement. Jaques & Kik BV explicitly rejects these.
Article 3. Offer and formation of Agreement.
The Agreement is established by going through the ordering process which includes the acceptance of the General Conditions. An offer on the Website is always without engagement and can still be revoked by Jaques & Kik BV immediately after an order has been placed. Jaques & Kik BV is not bound by manifest errors and slips in the offer on the Website.
Article 4. Use and availability of the Website
Jaques & Kik BV does not guarantee that information on the Website is always correct, current or complete. During the ordering process the Client can provide Login Information. When the Client provides Login Information, he represents and is responsible to Jaques & Kik BV that i) the information he provides when creating his Login Information is correct, complete and current. The Client is responsible and liable for all use made with his Login Information. As soon as the Client knows or has reason to suspect that Login Information has come into the hands of unauthorized persons, the Client must inform Jaques & Kik BV, without prejudice to his own obligation to immediately take effective measures himself, such as changing the Login Information. Jaques & Kik BV reserves the right to change the login procedure and/or the Client’s Login data if it considers this necessary in the interests of the functioning of the Website.
Article 5. Price and payment
A Basic subscription with company listing is always free of charge. The stated price of the Service is valid at the time it is displayed on the Website. VAT is not included in the listed price. The Website will mention as much as possible any additional costs, such as shipping and payment costs. The Website states the payment options. If the Client fails to pay on time or Jaques & Kik BV is unable to collect the amount due by means of the payment method chosen by the Client before the end of the payment period, the Client will be in default, regardless of whether Jaques & Kik BV sends a further reminder. If the Client is in default with regard to his payment obligation, the Supplier can pass on the claim for collection. In that case the costs incurred by Jaques & Kik BV will be charged to the Client, which are estimated at 15% of the principal sum, or the actual costs if these are higher.
Article 6. Delivery
Delivery periods stated on the Website and/or in the ordering process are indicative and do not constitute a deadline.
Article 7. Privacy
When visiting the Website and when placing an order and logging in, (personal) data will be provided to Jaques & Kik BV. This (personal) data will be processed in accordance with the Privacy Statement of Jaques & Kik BV and the applicable laws and regulations.
Article 8. Liability
The liability of Jaques & Kik BV is limited to compensation for direct damage regardless of the reason for the liability. Direct damage is understood to mean only: Property damage, exclusively in the sense of Section 3 Title 3 of Book 6 of the Civil Code; Reasonable costs incurred to prevent property damage, insofar as the Client can demonstrate that these expenses have resulted in a limitation of the direct damage within the meaning of the Agreement; Reasonable expenses incurred by the Client to determine the cause and extent of the damage, insofar as the determination is related to direct damage within the meaning of the Agreement; Reasonable costs incurred by the Client to have the performance of Jaques & Kik BV comply with the Agreement. Jaques & Kik BV is not liable for damages other than direct damages, such as loss of profit, loss of turnover, loss of expected savings and other similar financial losses, as well as loss of goodwill or good name or reputation and all other damages not covered by the aforementioned direct damages. Insofar as Jaques & Kik BV is liable, such liability shall be limited to a maximum of the price of the Service. The Client’s right to claim damages shall in any event expire one (1) year after the event that caused the damage occurred.
Article 9. Miscellaneous
Customer may not transfer rights and obligations arising from the Agreement to third parties. Dutch law applies to the Agreement. The application of the Vienna Sales Convention (CISG) is expressly excluded.