This Agreement was last modified on July 10th 2020.
Please read these Terms and Conditions completely using www.james.eu which is owned and operated by James B.V.. This Agreement documents the legally binding terms and conditions attached to the use of the Site at www.james.eu.
By using or accessing the Site in any way, viewing or browsing the site, or adding your own content to the site, you are agreeing to be bound by these Terms and Conditions.
The site and all of its original content are the sole property of James B.V. and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
Our site does contain a number of links to other websites and online resources that are not owned or controlled by James B.V.
All payments are due upon placing the order. If a payment is not received or payment method is declined, the buyer forfeits the ownership of any items purchased. If no payment is received, no items will be shipped.
With our return policy you have the right to return your order within 14 days (without providing a reason). The total amount paid, including shipping, will then be credited. Solely the costs for the return shipment are at buyer’s expense. Should you want to make use of your right of withdrawal, the unused product with all accessories should be returned to us in its original condition and packaging. In order to exercise this right, please contact us at firstname.lastname@example.org.
9.1 The entrepreneur will take the greatest possible care when receiving and implementing orders for products.
9.2 The place of delivery is the address that the customer has made known to James. This also automatically creates a carrier address label by the customer, which will be used by James to ship the order.
9.3 Delivery times are without obligation and are approximate. A given date is never a strict deadline. The delivery time starts after written confirmation of the order by James, through a confirmation of the order and only after successful payment.
9.4 Delivery takes place ex-works in accordance with the most current version of the Incoterms.
9.5 James may decide to make partial deliveries at his own discretion. The customer is obliged to accept the delivery of any consignment of products at any time.
9.6 With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the customer will be notified of this no later than 30 days after he has placed the order. In that case, the customer has the right to dissolve the agreement without costs, there is no right to compensation in any form whatsoever.
9.7 In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the customer has paid as soon as possible, but no later than 30 days after dissolution.
9.8 If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are in this unique case at the expense of the entrepreneur.
9.9 If the customer refuses to take delivery of the products or fails to provide information or instructions necessary for the delivery, the goods will be returned to James at the expense of the customer. In that case, the customer will owe all additional costs, including in any case the return costs and any costs of a new shipment.
9.10 The risk of the products transfers to the customer as soon as the product has left our warehouse. Transport of the goods takes place - even if it concerns a free delivery - entirely and expressly at the risk of the customer. If damage occurs during transport, the customer must recover this from the duty carrier. James is willing to do this if necessary.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
An item may be cancelled up until payment has been processed. Once payment has been processed, the buyer is responsible for payment.
This Site may be accessed from countries other than The Netherlands. This Site may contain products or references to products that are not available outside of The Netherlands. Any such references do not imply that such products will be made available outside The Netherlands. If you access and use this Site outside The Netherlands you are responsible for complying with your local laws and regulations.
13.1 James excludes any liability except in cases of intent or gross negligence. If, despite any previous sentence, James is liable to the customer for any reason whatsoever, she is only liable for direct damage and to be held liable up to the maximum liability referred to in Article 15.6. Indirect damage is never eligible for compensation.
13.2 James is not liable for damage or costs resulting from exceeding the delivery term.
13.3 James is not liable to the customer on the basis of product liability for products that it purchases from third parties. This liability rests with the supplier of James at all times.
13.4 For products manufactured by James, James is only liable on the basis of product liability if the damage occurred during normal use of the product, in accordance with the exactly followed and provided instructions by James. The customer or a third party who, on behalf of the customer, invokes the relevant product liability, is obliged to provide all cooperation that James deems necessary.
13.5 Advice and information regarding the products to be delivered as well as directions for their use are provided to the best of our knowledge. We do not accept any liability for the correctness of this advice, data and instructions for use. The instructions for use serve as guidelines and must be confirmed and tested under the prevailing conditions in the customer's own tests. The instructions and directions on brand sheets must be strictly observed by the customer at all times, without prejudice to the aforementioned with regard to the obligation of the customer to carry out his own tests. Due to the flammability of some of the items supplied by us, as well as the fact that many James products are liquids, the customer must always take appropriate measures under his responsibility. The Customer must ensure that they or third parties are able to use or process the products supplied by us in a proper manner.
13.6 Any liability of James is limited to the extent that it is covered by its liability insurance. Each claim is limited to the amount paid out under this insurance in the relevant case, plus any deductible.
13.7 If for any reason no payment is made under the aforementioned liability insurance and James is nevertheless in any way obliged to compensate the damage, liability is limited to a maximum of the net invoice amount of the goods delivered by us that are related to the incident in question.
13.8 The customer is responsible for taking adequate protective measures for himself, others and her property when using, storing or processing our products. James is not liable for damage caused by failure to take such measures. The customer also indemnifies James against all third-party claims related to the use of the product supplied by James.
13.9 The Customer indemnifies James against all costs and damage by third parties as a result of the use of James products. The customer pays all costs that James incurs in this respect, which amount to at least 15% of the claimed damage amount. This fee will be paid by James to James on first request.
Any complaints may be sent to our support team: email@example.com or +31 77 327 80 08.
There is no guarantee of a resolution. Each case will be looked at individually.
This Agreement is governed in accordance with the laws of The Netherlands.
James B.V. reserves the right to modify these Terms and Conditions at any time. We do so by replacing the updated terms on the site. Your decision to continue to visit and make use of the site after such changes have been made constitutes your formal acceptance of the new Terms and Conditions.
Therefore, we ask that you check and review this Agreement for such changes on an occasional basis. Should you not agree to any provision of this Agreement or any changes we make to this Agreement, we ask and advise that you do not use or continue to access the James B.V. site immediately.
If you have any questions about this Agreement, please feel free to contact us at firstname.lastname@example.org.