Houtzagerijstraat 5, 5451 HZ, Mill
31 (0)6 44 39 23 28
info@jjsuspension.nl

General terms and conditions

General terms and conditions ESA Repair

E-mail: info@esarepair.com

Website: Https://esarepair.com

Definitions

  1. ESA Repair: ESA Repair, established in Mill under Chamber of Commerce no. 69051704
  2. Customer: The person with whom ESA Repair has an agreement has entered into.
  3. Parties: ESA Repair and the customer together.
  4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

  1. These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of ESA Repair.
  2. Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
  3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Prices

  1. All prices that ESA Repair uses are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
  2. All prices that ESA Repair uses for its services and products, on its website or that are otherwise made known, can be changed by ESA Repair at any time.
  3. The parties agree on a total amount as a guide price for a service provided by ESA Repair, unless the parties have expressly agreed in writing on a fixed price, which cannot be deviated from.
  4. ESA Repair is entitled to deviate up to 10% from the target price.
  5. If the target price is more than 10% higher, ESA Repair must inform the customer in good time why a higher price is justified.
  6. If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.
  7. ESA Repair has the right to adjust the prices annually.
  8. Prior to their commencement, ESA Repair will communicate price adjustments to the customer.
  9. The consumer has the right to terminate the agreement with ESA Repair if he does not agree with the price increase.

Payments and payment terms

  1. ESA Repair may require a down payment of up to 50% of the agreed amount upon entering into the agreement.
  2. The customer must have made payments in arrears within 7 days after delivery.
  3. Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without ESA Repair having to send the customer a demand or notice of default.
  4. ESA Repair reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the services or products.

Payments and payment term

  1. Products are settled immediately.
  2. When entering into the agreement, ESA Repair may demand a down payment of up to 50% of the agreed amount
  3. The customer must pay invoices to ESA Repair within 7 days of the invoice date, unless the parties have made other agreements about this or have stated a different payment term on the invoice.
  4. Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without ESA Repair having to send the customer a demand or notice of default.
  5. ESA Repair reserves the right to make a delivery subject to immediate payment or to demand a security for the total amount of the service.

Consequences of late payment

  1. If the customer does not pay within the agreed term, ESA Repair is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day on which the customer is in default, whereby a part of a month is counted as a whole month.
  2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to ESA Repair.
  3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
  4. If the customer does not pay on time, ESA Repair may suspend its obligations until the customer has fulfilled its payment obligation.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims of ESA Repair against the customer are immediately due and payable.
  6. If the customer refuses to cooperate with the execution of the agreement by ESA Repair, he is still obliged to pay the agreed price to ESA Repair.

Right of complaint

  1. As soon as the customer is in default, ESA Repair is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
  2. ESA Repair invokes the right of complaint by means of a written or electronic communication.
  3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to ESA Repair, unless the parties agree otherwise.
  4. The costs for returning or returning the products are for the account of the customer.

Right of withdrawal

  1. A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:
  2. The product has not been used
  3. It is not a product that can spoil quickly, such as food or flowers
  4. It is not a product that is tailor-made or adapted especially for the consumer
  5. It is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
  6. The seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
  7. The product or service is not an accommodation , travel, restaurant business, transport, catering assignment or form of leisure activity
  8. The product is not a separate magazine or newspaper
  9. It does not concern an (order for) emergency repair
  10. It does not concern bets and/or lotteries
  11. The consumer has not waived his right of withdrawal
  12. It does not concern a service that is fully performed with the consent of the customer within the 14 calendar days reflection period and where the customer has expressly stated to waive the right of withdrawal
  13. The product is returned in its original packaging.
  14. The reflection period of 14 days as referred to in paragraph 1 starts:
  15. On the day after the consumer has received the last product or part of 1 order
  16. As soon as the consumer has concluded the agreement for the delivery of the service
  17. As soon as the consumer has confirmed has that he is going to purchase digital content via the internet.
  18. The consumer can make his appeal to the right of withdrawal known via info@esarepair.com.
  19. The consumer is obliged to return the product to ESA Repair within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.

Reimbursement of return costs

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

Right of suspension

  1. Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

  1. ESA Repair can invoke its right of retention and, in that case, keep the customer’s products in its possession until the customer has paid all outstanding invoices with regard to ESA Repair, unless the customer has provided sufficient security for those costs.
  2. The right of retention also applies under previous agreements from which the customer still owes payments to ESA Repair.
  3. ESA Repair is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

  1. Unless the customer is a consumer, the customer waives his right to set off a debt owed to ESA Repair against a claim against ESA Repair

Retention of title

  1. ESA Repair remains the owner of all delivered products until the customer has fully satisfied all its payment obligation towards ESA Repair on the basis of any agreement concluded with ESA Repair, including claims regarding failure to perform.
  2. Until that time, ESA Repair can invoke its retention of title and take back the goods.
  3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
  4. If ESA Repair invokes its retention of title, the agreement will be deemed dissolved and ESA Repair will be entitled to claim compensation, lost profit and interest.

Delivery

  1. Delivery takes place while stocks last.
  2. Delivery takes place at ESA Repair, unless the parties have agreed otherwise.
  3. Delivery of products ordered online takes place at the address indicated by the customer.
  4. If the agreed amounts are not paid or are not paid on time, ESA Repair has the right to suspend its obligations until the agreed part has been paid.
  5. In the event of late payment, there is a default by creditors, with the result that the customer cannot object to ESA Repair for a late delivery.

Delivery time

  1. The delivery times stated by ESA Repair are indicative and, if they are exceeded, do not give the customer an upright dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
  2. The delivery time starts at the moment that the customer has fully completed the (electronic) order process and has received an (electronic) confirmation of this from ESA Repair.
  3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement

Actual delivery

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

Transport costs

  1. Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packaging and shipping

  1. If the packaging 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, failing which ESA Repair will not be liable. can be held for any damage.
  2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to ESA Repair prior to transport, failing which ESA Repair cannot be held liable for any damage.

Insurance

  1. The customer undertakes to sufficiently insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft:
  2. Items supplied that are necessary for the execution of the underlying agreement
  3. Items from ESA Repair that are delivered to the client are present
  4. Goods that have been delivered subject to retention of title
  5. The customer provides the insurance policy for inspection at ESA Repair’s first request.

Retention

  1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
  2. Any additional costs as a result of early or late purchase of products will be fully borne by the customer.

Assembly/Installation

  1. Although ESA Repair makes every effort to carry out all assembly and/or installation work as well as possible, it bears no responsibility for this, except in the case of intent or gross negligence.

Warranty

  1. When parties have entered into an agreement with a service-providing nature, this only contains an obligation of effort for ESA Repair and therefore no obligation of result.
  2. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
  3. 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 incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
  4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when these are legally and/or actually delivered, or at least come under the control of the customer or from a third party who takes delivery of the product on behalf of the customer.

Exchange

  1. Exchanging purchased items is only possible if the following conditions are met:
  2. Exchange takes place within 14 days after purchase on presentation of the original invoice
  3. The product is returned in the original packaging or with the original ( price) tags
  4. The product has not yet been used
  5. Discounted items, non-perishable items such as foodstuffs, custom-made items or items specially adapted for the customer cannot be exchanged.

Execution of the agreement

  1. ESA Repair performs the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
  2. ESA Repair has the right to have the agreed services (partially) performed by third parties.
  3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
  4. It is the responsibility of the customer that ESA Repair can start the execution of the agreement on time.
  5. If the customer has not ensured that ESA Repair can start the execution of the agreement in time, the resulting additional costs and/or extra hours will be borne by the customer.

Provision of information by the customer

  1. The customer makes all information, data and documents relevant for the correct execution of the agreement available to ESA Repair in a timely manner and in the desired form and manner.
  2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
  3. If and insofar as the customer requests this, ESA Repair will return the relevant documents.
  4. If the customer does not provide the information, data or documents reasonably required by ESA Repair, or does not timely or properly, and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer.

Indemnification

  1. The customer indemnifies ESA Repair against all third-party claims related to the products and/or services supplied by ESA Repair.

Complaints

  1. The customer must inspect the product or service provided by ESA Repair as soon as possible for any shortcomings.
  2. If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform ESA Repair of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. .
  3. Consumers must inform ESA Repair of this within 2 months after discovery of the shortcomings.
  4. The customer provides as detailed a description as possible of the shortcoming, so that ESA Repair 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 ESA Repair being obliged to perform other work than has been agreed.

Notice of default

  1. The customer must notify ESA Repair of notice of default in writing.
  2. It is the customer’s responsibility that a notice of default actually reaches ESA Repair (on time).

Customer joint and several liability

  1. If ESA Repair enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to ESA Repair under that agreement.

Liability ESA Repair

  1. ESA Repair is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
  2. If ESA Repair is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
  3. ESA Repair is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
  4. If ESA Repair is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
  5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration period

  1. Any right of the customer to compensation from ESA Repair expires in any case 12 months after the event from which the liability directly or indirectly arises. The provisions of Article 6:89 of the Dutch Civil Code are not excluded here.

Right to dissolution

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

Force majeure

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by ESA Repair in the fulfillment of any obligation with regard to the customer cannot be attributed to ESA Repair in a situation independent of the will of ESA Repair. , as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from ESA Repair.
  2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, revolt, riots, natural disasters, etc.) non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
  3. If a force majeure situation occurs as a result of which ESA Repair cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until ESA Repair can meet them again.
  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. ESA Repair does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.

Amendment of the agreement

  1. If after the conclusion of the agreement for its implementation it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.
  2. The previous paragraph does not apply to products purchased in a physical store.

Amendment of general terms and conditions

  1. ESA Repair is entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance can be made at any time.
  3. Major substantive changes will be discussed with the customer by ESA Repair as much as possible in advance.
  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. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of ESA Repair.
  2. This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.

Consequences of nullity or voidability

  1. If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
  2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what ESA Repair had in mind when drafting the conditions on that point.

Applicable law and competent court

  1. All agreements between the parties are exclusively governed by Dutch law.
  2. The Dutch court in the district where ESA Repair has its registered office/practice/office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.