Definitions
JM-Products B.V.: Lavayette, established in Amsterdam under Chamber of Commerce number 92596290. Customer: the party with whom JM-Products has entered into an agreement. Parties: JM-Products and customer together. Consumer: a customer who is also an individual and acts as a private person.
Applicability of general terms and conditions
These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of JM-Products. Parties can only deviate from these terms and conditions if they have expressly and in writing agreed to do so. Parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or third parties.
Prices
All prices used by JM-Products are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed. All prices that JM-Products uses for its products or services, on its website or otherwise disclosed, can be changed by JM-Products at any time. Increases in the cost prices of products or parts thereof, which JM-Products could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a legal regulation.
Samples/models
If the customer has received a sample or model of a product, they cannot derive any other rights from it than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.
Consequences of late payment
If the customer does not pay within the agreed term, JM-Products is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a full month. When the customer is in default, they are also liable to JM-Products for extrajudicial collection costs and any compensation. The collection costs are calculated based on the Decree on compensation for extrajudicial collection costs. If the customer does not pay on time, JM-Products may suspend its obligations until the customer has fulfilled their payment obligation. In case of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, JM-Products' claims against the customer become immediately due and payable. If the customer refuses to cooperate with the execution of the agreement by JM-Products, they are still obliged to pay the agreed price to JM-Products.
Right of reclamation
As soon as the customer is in default, JM-Products is entitled to invoke the right of reclamation with regard to the unpaid products delivered to the customer. JM-Products invokes the right of reclamation by means of a written or electronic notification. As soon as the customer has been informed of the invoked right of reclamation, the customer must immediately return the products to which this right relates to JM-Products, unless the parties make other arrangements. The costs for collecting or returning the products are for the account of the customer.
Right of withdrawal
A consumer can cancel an online purchase during a cooling-off period of 14 days without giving reasons, provided that: the product has not been used it is not a product that can spoil quickly, such as food or flowers it is not a product that has been specially made or adapted for the consumer it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact, in the case of data carriers with digital content (DVDs, CDs, etc.) the product is not a trip, transport ticket, catering order or form of leisure activity the product is not a single magazine or single newspaper it does not concern an (order for) emergency repair the consumer has not waived their right of withdrawal The cooling-off period of 14 days as referred to in paragraph 1 starts: on the day after the consumer has received the last product or part of 1 order as soon as the consumer has received the first product in a subscription as soon as the consumer has used a service for the first time as soon as the consumer has confirmed that they will purchase digital content via the internet The consumer can make their invocation of the right of withdrawal known via info@lavayette.nl, if desired using the withdrawal form that can be downloaded via the JM-Products website, www.lavayette.nl. The consumer is obliged to return the product to JM-Products within 14 days of making their right of withdrawal known, failing which their right of withdrawal will lapse. The costs for return are only for the account of JM-Products if the complete order is returned. If the purchase costs and any other costs (such as shipping and return costs) are eligible for refund according to the law, JM-Products will refund these costs within 14 days of receiving the timely invocation of the right of withdrawal to the consumer, provided that the consumer has returned the product to JM-Products in time.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Right of retention
JM-Products can invoke its right of retention and in that case retain products of the customer until the customer has paid all outstanding invoices with regard to JM-Products, unless the customer has provided sufficient security for those costs. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to JM-Products. JM-Products is never liable for any damage that the customer may suffer as a result of using its right of retention.
Set-off
Unless the customer is a consumer, the customer waives their right to set off a debt to JM-Products against a claim against JM-Products.
Retention of title
JM-Products remains the owner of all delivered products until the customer has fully complied with all their payment obligations towards JM-Products under any agreement concluded with JM-Products, including claims regarding failure to perform. Until then, JM-Products can invoke its retention of title and take back the goods. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products. If JM-Products invokes its retention of title, the agreement is deemed to be dissolved and JM-Products has the right to claim compensation, lost profit and interest.
Delivery
Delivery takes place while stocks last. Delivery takes place at JM-Products, unless the parties have agreed otherwise. Delivery of products ordered online takes place at the address indicated by the customer. If the agreed amounts are not paid or not paid on time, JM-Products has the right to suspend its obligations until the agreed part has been fulfilled. In case of late payment, there is creditor default, with the result that the customer cannot oppose a late delivery to JM-Products.
Delivery time
The delivery times stated by JM-Products are indicative and do not give the customer the right to dissolution or compensation if they are exceeded, unless the parties have expressly and in writing agreed otherwise. The delivery time starts at the moment the customer has completely completed the (electronic) ordering process and has received an (electronic confirmation) from JM-Products. Exceeding the stated delivery time does not give the customer the right to compensation nor the right to dissolve the agreement, unless JM-Products cannot deliver within 14 days after being summoned in writing to do so or the parties have agreed otherwise.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by them can take place on time.
Transport costs
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packaging and shipment
If the packaging of a delivered product is opened or damaged, the customer must, before accepting the product, have the forwarder or deliverer make a note of this, failing which JM-Products cannot be held liable for any damage. If the customer arranges transport of a product themselves, they must report any visible damage to products or packaging to JM-Products prior to transport, failing which JM-Products cannot be held liable for any damage.
Storage
If the customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer. Any additional costs as a result of early or late acceptance of products are entirely for the account of the customer.
Warranty
The warranty with regard to products only applies to defects caused by defective manufacture, construction or material. The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, modifications made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly established. The risk of loss, damage or theft of the products that are the subject of an agreement between parties passes to the customer at the moment they are legally and/or actually delivered, or at least come into the possession of the customer or of a third party who receives the product on behalf of the customer.
Exchange
Exchange is only possible if the following conditions are met: exchange takes place within 30 days of purchase upon presentation of the original invoice the product is returned in its original packaging or with the still attached original (price) tags the product has not yet been used Discounted items, non-durable items such as food, custom-made items or items specially adapted for the customer cannot be exchanged.
Indemnification
The customer indemnifies JM-Products against all claims by third parties related to the products and/or services delivered by JM-Products.
Complaints
The customer must inspect a product delivered or service provided by JM-Products as soon as possible for any shortcomings. If a delivered product or service provided does not meet what the customer could reasonably expect from the agreement, the customer must inform JM-Products of this as soon as possible, but in any case within 1 month of discovering the shortcomings. Consumers must inform JM-Products of this no later than 2 months after discovering the shortcomings. The customer provides as detailed a description of the shortcoming as possible, so that JM-Products is able to respond adequately. The customer must prove that the complaint relates to an agreement between parties. If a complaint relates to ongoing work, this can in any case not lead to JM-Products being required to perform other work than agreed.
Notice of default
The customer must make notices of default known to JM-Products in writing. It is the customer's responsibility that a notice of default actually (timely) reaches JM-Products.
Joint and several liability of customer
If JM-Products enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts they owe to JM-Products under that agreement.
Liability JM-Products
JM-Products is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or gross negligence. If JM-Products is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement. JM-Products is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties. If JM-Products is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and in the absence of (complete) 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. All images, photos, colors, 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.
Limitation period
Any right of the customer to compensation from JM-Products expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.
Right to dissolution
The customer has the right to dissolve the agreement when JM-Products attributably fails to fulfill its obligations, unless this shortcoming, given its special nature or minor significance, does not justify dissolution. If the fulfillment of obligations by JM-Products is not permanently or temporarily impossible, dissolution can only take place after JM-Products is in default. JM-Products has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill their obligations under the agreement, or if JM-Products has become aware of circumstances that give them good reason to fear that the customer will not be able to properly fulfill their obligations.
Force majeure
In addition to the provisions of Article 6:75 of the Civil Code, a shortcoming by JM-Products in the fulfillment of any obligation towards the customer cannot be attributed to JM-Products in a situation independent of JM-Products' will, whereby the fulfillment of its obligations towards the customer is wholly or partially prevented or whereby the fulfillment of its obligations cannot reasonably be required of JM-Products. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions. If a force majeure situation occurs whereby JM-Products cannot fulfill 1 or more obligations towards the customer, those obligations are suspended until JM-Products can fulfill them again. From the moment a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in whole or in part in writing. JM-Products does not owe any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.
Amendment of the agreement
If after concluding the agreement it appears necessary to change or supplement its content for its implementation, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
Amendment of general terms and conditions
JM-Products is entitled to change or supplement these general terms and conditions. Changes of minor importance can be implemented at any time. JM-Products will discuss major substantive changes with the customer as much as possible in advance. Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
Rights of the customer from an agreement between parties cannot be transferred to third parties without the prior written consent of JM-Products. This provision applies as a provision with proprietary effect as referred to in Article 3:83, second paragraph, of the Civil Code.
Consequences of nullity or voidability
If one or more provisions of these general terms and conditions prove to be null or voidable, this does not affect the other provisions of these terms and conditions. A provision that is null or voidable is replaced in that case by a provision that comes closest to what JM-Products had in mind when drafting the terms and conditions on that point.
Applicable law and competent court
Dutch law applies exclusively to every agreement between parties. The Dutch court in the district where JM-Products is established / practices / has an office is exclusively competent to hear any disputes between parties, unless the law mandatorily prescribes otherwise.
Drafted on 09-07-2025
