Terms and Conditions
VOF JOSI Trade trade name JOSI Interior, trade name JOSI LABEL, Antoni van
Leeuwenhoekstraat 2, 3331 ET Zwijndrecht Chamber of Commerce registration number: 63327546
Article 1: Applicability, definitions
1. These general terms and conditions apply to every
offer and every agreement of purchase and sale and all agreements of
order to manufacture goods (or have them manufactured), from VOF JOSI Trade hodn
JOSI Interieur, thodn JOSI LABEL, established in Zwijndrecht, hereinafter in
call “JOSI Interior”.
2. The buyer or the client, respectively, will continue
referred to as “the other party”.
3. Various provisions in these general terms and conditions refer to
a natural person acting outside his trade, business or profession.
In these provisions, the other party is referred to as “the consumer”.
4. “Offer” is understood to mean: any offer from JOSI
Interior, whether or not in the form of a written quote.
5. “Written” means: by letter, by
email, SMS, WhatsApp or any other means of communication associated with it
in view of the state of the art and the prevailing in society
views can be equated with this.
6. “Assignment” is understood to mean: one by the other party
order issued/agreed between the parties for the production of
(custom) business (including furniture).
7. “Things” is understood to mean: both by JOSI Interieur
items to be delivered from the range as items they have commissioned
manufactures / has manufactured for the other party, unless from a provision
follows that it only pertains to the latter category.
8. “Materials” is understood to mean: the by JOSI Interieur
to be used in the performance of the assignment or by the other party for this purpose
materials, parts, etc. provided/to be provided
9. "Documents" means: by JOSI Interieur
and/or the other party to produce or provide advice, calculations,
drawings, reports, designs, etc. These can be both physical and digital
10. "Information" means: both the aforementioned
documents as other (verbal) data that JOSI Interieur and/or the
other party (must) provide.
11. The possible inapplicability of a (part of
a) provision of these terms and conditions does not affect the applicability of the
other provisions unaffected.
12. In the event of any discrepancy or conflict between these
terms and conditions and a translated version thereof, the Dutch one applies
13. These general terms and conditions also apply
on follow-up or partial assignments, follow-up or
Article 2: Offer, prices
1. Unless a period of validity is stated in/with an offer
stated, this is a non-binding offer. JOSI Interior is allowed this offer
revoked no later than 2 working days after receipt of the acceptance.
2. The prices stated in an offer or price list are
including VAT, but excluding any costs, such as transport costs, costs
for the use of hoisting and hoisting equipment, shipping costs, administration costs,
handling costs and declarations of third parties engaged.
3. A composite offer does not oblige JOSI Interieur to
delivery of part of the offered goods against a corresponding part of
4. If the offer is based on by the other party
information provided and this information proves to be incorrect/incomplete or
changes afterwards, JOSI Interieur may change the stated prices and/or delivery terms
5. The offer and prices do not automatically apply to
6. Due to the turnover rate / the speed at which the
range changes, JOSI Interieur does not guarantee that reorder
of goods is possible and/or backordered goods are the same in terms of color and design
to the preceding delivery(s).
7. Shown and/or provided samples, models, statements of
colours, dimensions, weights and other descriptions in brochures,
promotional material and/or on the website of JOSI Interieur are so accurate
possible, but are for indication only. The other party cannot do this
8. The samples and models provided remain the property of
JOSI Interieur and at the latter's first request at the expense of the other party
returned to JOSI Interieur.
9. JOSI Interieur may use the products made for the purpose of the offer
charge costs to the other party if they inform the other party in advance
has pointed out these costs in writing.
10. If the other party does not accept the offer,
it will return all documents supplied with the offer at its first request
to JOSI Interior
11. a. If between the conclusion of the agreement and
the implementation of this for JOSI Interieur (cost) price-increasing circumstances
occur due to changes in laws and regulations, government measures,
currency fluctuations or changes in the prices of the necessary materials or
raw materials, JOSI Interieur may charge the agreed prices accordingly
increase and charge to the other party.
b. For price increases within 3 months after realization
of the agreement, the consumer may cancel the agreement by means of a written
cancel statement. Unless the consumer within 14 days after notification of the
price change informs JOSI Interieur that it wishes to make use of
his right of dissolution, JOSI Interieur may assume that the consumer with
approved this change.
Article 3: Conclusion of agreements
1. The agreement is concluded after the other party
has accepted offer from JOSI Interieur, even if this acceptance is on
minor points deviate from this offer. However, when this acceptance ends
deviates in essential points, the agreement will only be concluded after JOSI
Interieur has agreed to these deviations in writing.
2. JOSI Interieur is only bound by:
a. an assignment or order without prior notice
b. oral agreements;
c. additions to or changes to the general
terms or agreement; after written confirmation thereof to the
other party or as soon as JOSI Interieur - without objection from the other party -
the execution of the assignment, order or agreements has started.
Article 4: Engagement of third parties
If JOSI Interieur deems it necessary, it may decide
have deliveries and work carried out by third parties.
Article 5: Obligations of the other party
1. The other party ensures that:
a. all necessary for the execution of the agreement
information to its ter. timely and in the manner desired by JOSI Interieur
b. Possible by the other party to JOSI Interieur
provided data carriers, files, etc. are free of viruses and defects;
c. If (part of) the assignment is on location of the
must be carried out by the other party (eg placing the furniture), JOSI
Interieur will have access to this location on the agreed dates and times
and this location meets the applicable statutory (safety) requirements;
d. JOSI Interieur at the aforementioned location free of charge
have electricity connections. Lost working hours
as a result of a power failure are also for the account of the other party.
2. The other party ensures that the information provided
is correct and complete and indemnifies JOSI Interieur against claims from third parties
arise from the inaccuracy and/or incompleteness of this information.
3. JOSI Interieur handles the costs incurred by the other party
information provided is confidential and will only be disclosed to third parties
insofar as this is necessary for the implementation of the agreement. JOSI
Interieur keeps all information received from the other party during the
term of the agreement and stores it carefully. If this
information refers to personal data within the meaning of the General Regulation
data protection, JOSI Interieur processes the information in accordance with this
regulation and report any security breaches of the
information also in accordance with this regulation. However, JOSI Interior is never
liable for loss or destruction of this information, unless otherwise stated
is due to intent and/or deliberate recklessness on the part of JOSI Interieur or the
executive level staff. The other party ensures that he
always keep the original or a copy of the information provided to JOSI Interieur
4. If the other party does not (in time) comply with the aforementioned
obligations, JOSI Interieur may carry out the execution of the agreement
suspend until the other party has fulfilled its obligations. The
costs and other consequences arising from this are for the account and risk
of the other party.
5. If the other party does not fulfill its obligations and
JOSI Interieur does not immediately demand fulfillment, this affects the right of JOSI
Interior not to demand compliance later.
Article 6: Delivery, delivery terms
1. Because JOSI Interieur for the delivery of goods
depends on third parties – such as manufacturers – are the stated delivery times
always indicative and never strict deadlines. If JOSI Interieur her
does not (timely) fulfill its obligations, the other party must inform them in writing
default and allow a reasonable period of time to comply with it
2. An agreed term starts at the moment that JOSI
Interior all information necessary for the delivery and any
agreed (advance) payment from the other party. If
this causes a delay, the period will be extended proportionately.
3. JOSI Interieur may deliver in parts and every
invoice partial delivery separately.
4. The risk for the goods to be delivered passes to the other party
the moment it enters the premises, warehouse or shop of JOSI
interior whether JOSI Interior has informed him that the matters
can be picked up.
5. Dispatch or transport of the goods takes place before
account and risk of the other party and at a time to be determined by JOSI Interieur
manner. JOSI Interieur is not liable for damage of any kind
related to the shipment or transportation.
6. Unless the parties agree on a different term, applies
for delivery to the consumer a maximum period of 30 days after conclusion
of the agreement. The risk is transferred to the consumer at the moment
on which the goods are actually delivered to him/a third party designated by him (other than the
carrier) are available. If the consumer himself is the carrier
designates (not being a carrier proposed by JOSI Interieur), goes
the risk is transferred to him upon receipt of the goods by this carrier.
Shipping or transport is at the expense of the consumer.
7. If, due to a cause within the risk sphere
of the other party, the ordered goods (on the
agreed manner) to the other party or not
collected, JOSI Interieur may dispose of the goods at the expense and risk of the
store other party. JOSI Interieur is also allowed – if no down payment has yet been made
the other party has done – a down payment of 50% of the purchase price
demands from the other party. The other party will inform JOSI Interieur within a
reasonable period set by JOSI Interieur to still be able to deliver the goods
deliver or pick it up.
8. If the other party after the aforementioned reasonable period
fails to meet his purchase obligation, he is immediately in
omission. JOSI Interieur may then proceed with the agreement with immediate effect
a written statement to dissolve in whole or in part and to return the goods
sell third parties without being obliged to pay compensation for damage, costs and
interest. This affects the obligation of the other party to compensate any
(storage) costs, damage and loss of profit of JOSI Interieur and/or the right of JOSI
Interior still not to be claimed.
Article 7: Complaints and returns
1. The other party immediately checks the delivered goods
receipt and report any visible defects, defects, damage,
deviations in numbers and/or other non-conformities directly to JOSI
Interior. If such complaints are not reported immediately, the
goods are deemed to have been received in good condition and to comply with the agreement
2. Other complaints will be reported immediately by the other party
discovery - but in any event within the applicable warranty period -
in writing to JOSI Interieur. All consequences of not reporting immediately are
at the risk of the other party. If no guarantee period has been agreed,
a period of 1 year after delivery applies.
3. In the absence of a timely complaint, there is no appeal
possible on an agreed guarantee.
4. If items ordered, only be delivered to JOSI Interieur
stocked (wholesale) packaging or minimum quantities or numbers
can be supplied, the goods can be small - in the industry
accepted - show deviations in terms of specified weights, numbers,
colours, sizes, etc. These deviations are not a shortcoming on the part of
JOSI Interieur and in this case no warranty claim is possible.
5. Complaints suspend the payment obligation of the
other party not.
6. The previous paragraph does not apply to the consumer.
7. The other party will enable JOSI Interieur to resolve the complaint
investigate and provide all relevant information. If for it
investigation of the return shipment is necessary or JOSI Interieur will resolve the complaint on the spot
must investigate, this will be at the expense of the other party, unless the
complaint later proves to be well founded. The transport risk is always for the
8. Return shipments take place at a location specified by JOSI Interieur
determine manner and in the original packaging or packaging.
9. No complaints are possible about:
a. imperfections in or properties of items that are
made from natural materials, if these have imperfections or
properties inherent to the nature of the materials;
b. discolorations and minor
mutual color deviations;
c. discolorations, shrinkage seams or hairline cracks etc. occur
due to the direct effect of sunlight, heat sources such as central heating pipes or
fireplaces, due to an incorrect humidity level of the environment or due to
abnormal temperature fluctuations;
d. the inability to fit/place/deliver items
if the measures for these goods are provided to JOSI by or on behalf of the other party
Interior have been provided and are in accordance with these measurements by JOSI Interieur
e. goods which, after receipt by the other party, are of a nature and/or
composition have changed or have been wholly or partially modified
Article 8: Warranties
1. JOSI Interieur carries out the agreed deliveries
properly and in accordance with the standards applicable in its industry, but never gives one
more extensive guarantee than as expressly agreed.
2. JOSI Interieur guarantees during the warranty period
the usual quality and soundness of the delivered goods.
3. If for the goods delivered by JOSI Interieur by
the manufacturer or supplier has issued a warranty, that warranty applies
the same way between the parties. JOSI Interieur informs the other party
4. If the purpose for which the other party wants the goods
processing, processing or use deviating from the usual purpose
JOSI Interieur only that the items are suitable for this, if he does
confirmed in writing to the other party.
5. No warranty claim is possible as long as the
the other party has not yet paid the agreed price for the goods.
6. The previous paragraph does not apply to the consumer.
Interior - at his choice - for free repair or replacement of the goods
or for reimbursement of or a discount on the agreed price.
In the event of additional damage, the provisions of
the liability article.
8. The consumer may always opt for free repair or
replacement of the goods, unless this cannot reasonably be expected
JOSI Interior. In the latter case, the consumer may add to the agreement
written statement to dissolve or a discount on the agreed price
Article 9: Liability
1. Outside the explicitly agreed upon or by JOSI Interieur
given guarantees, JOSI Interieur does not accept any liability.
2. JOSI Interieur is only liable for direct
injury. Any liability for consequential damage, such as trading loss,
loss of profit and/or loss suffered, damage caused by delay and/or personal or
personal injury is expressly excluded.
3. The other party will take all necessary measures to
preventing or limiting the damage.
4. If JOSI Interieur is liable, the
obligation to pay compensation is always limited to a maximum of the amount due
insurer is paid in the appropriate case. If the insurer does not
or the damage is not covered by an insurance taken out by JOSI Interieur
falls, the obligation to pay compensation is limited to a maximum of the invoice amount for
the delivered goods.
5. At the latest within 6 months after it has become known
or could have been with the damage suffered by him, the other party must JOSI
Address the interior for this.
6. In derogation from the previous paragraph applies to the consumer
a term of 1 year.
7. If JOSI Interieur has to carry out the assignment (or have it carried out).
on the basis of documents provided by/on behalf of the other party, it is not
responsible for the content, correctness and completeness of these documents.
8. JOSI Interieur is not liable - and the other party
can not rely on the applicable warranty - if the damage is
a. improper use or use contrary to the
destination of the delivered goods or provided by or on behalf of JOSI Interieur
instructions, advice, manuals, etc.;
b. improper storage (storage) or maintenance of the
c. deterioration of the business by external influences
other than influences to which the goods should normally be able to withstand;
d. errors or omissions in the information provided by or on behalf of the
information provided by the other party to JOSI Interieur;
e. directions or instructions from/on behalf of the other party;
f. or as a result of a choice by the other party
deviates from what JOSI Interieur advised and/or is customary;
g. or because by/on behalf of the other party (repair)
work or processing has been carried out on the delivered goods, without
express prior permission from JOSI Interieur.
9. The other party is in the cases as listed in the
previous paragraph fully liable for the resulting damage and
indemnifies JOSI Interieur against any claims from third parties.
10. The limitations of the
liability does not apply if the damage is due to intent and/or
conscious recklessness of JOSI Interieur or the management staff
management level or if mandatory statutory provisions arise
oppose this. Only in these cases will JOSI Interieur
indemnify the other party against any claims from third parties.
Article 10: Payment
1. JOSI Interieur may always have a (partial)
request advance payment or other security for payment. The requested
advance payment for consumers is a maximum of 50% of the agreed
2. Payment must be made within 14 days of the due date
invoice date, unless the parties agree otherwise in writing
payment terms have been agreed. This includes the correctness of an invoice
fixed if no objection is made within this payment term
3. If an invoice has expired after the expiry of the
period referred to in the previous paragraph has not been paid in full or is not automatic
collection has been able to take place, the other party to JOSI Interieur is a
default interest due at the rate of 2% per month, cumulative to
calculate the principal amount. Parts of a month are considered full
4. In the aforementioned situation, a
default interest of 6% on an annual basis, unless the statutory interest
is higher. In that case, the statutory interest applies.
5. If payment is still not forthcoming after a reminder, JOSI
Interieur will also charge the other party extrajudicial collection costs
charge at the amount of 15% of the invoice amount with a minimum of €
6. JOSI Interieur gives to the consumer at said
a reminder of at least 15 days to still pay. Remains payment
again, then the extrajudicial collection costs for the
a. 15% of the amount of the principal over the first €
2,500.00 of the claim (with a minimum of € 40.00);
b. 10% of the amount of the principal over the next € 2,500.00
of the claim;
c. 5% of the amount of the principal over the next €
5,000.00 of the claim;
d. 1% of the amount of the principal over the next €
190,000.00 of the claim;
e. 0.5% of the excess of the principal sum. All this with one
absolute maximum of € 6,775.00.
7. For the calculation of the extrajudicial
collection costs, JOSI Interieur may pay the principal sum of the claim after 1
year by the default interest accrued in that year.
8. In the absence of full payment, JOSI Interieur
the agreement, without further notice of default in writing
cancel the statement or suspend its obligations under the agreement,
until payment has been made or proper security has been provided for this. aforementioned
JOSI Interieur also has the right to suspend if it has already been terminated before the
the other party/ the consumer is in default with the payment has valid reasons
to doubt the creditworthiness of the other party/consumer.
9. JOSI Interieur enters received payments first
deduction from all interest and costs due and then from the due and payable
invoices that have been outstanding the longest, unless payment is made in writing
state that it relates to a later invoice.
10. The other party may claim the claims of JOSI Interieur
not offset against any counterclaims he may have against JOSI Interieur.
This also applies if the other party (provisional) suspension of payment
applies for or is declared bankrupt. 11. The previous paragraph
does not apply to consumers.
Article 11: Retention of title
1. All goods delivered/to be delivered under the agreement
remain the property of JOSI Interieur until the other party has fulfilled all its payment obligations
2. These payment obligations consist of paying
the purchase price of the goods, increased by claims for work performed
work related to the delivery and claims due to a
attributable failure of the other party, such as claims for payment
of compensation, extrajudicial collection costs, interest and any
3. Upon delivery of identical, non-customizable
goods, the batch belonging to the oldest invoices is always deemed to be
to be sold first. The retention of title therefore always rests on all
delivered goods that are still in the warehouse when the retention of title is invoked
contents of the other party.
4. As long as a retention of title rests on the goods, the
not pledge these in any way or be in the actual control of the other party
bring a financier.
5. The other party informs JOSI Interieur immediately
in writing if third parties claim ownership or other rights
6. As long as the other party has the goods in its possession, keep them
he carefully and as identifiable property of JOSI Interieur.
7. The other party will provide such businessor
contents insurance, which covers goods delivered under retention of title
are insured at all times. He gives JOSI Interior at his first request
inspection of the insurance policy and associated premium payment receipts.
9. If the other party acts contrary to this article
or JOSI Interieur invokes the retention of title, JOSI
Interieur and its employees enter the premises of the other party and the
take things back. This affects JOSI Interieur's right to compensation
damage, loss of profit and interest and the right to terminate the agreement without further notice
notice of default, by a written statement, to dissolve.
Article 12: Bankruptcy, power of disposition, etc
1. JOSI Interieur may terminate the agreement without further notice
notice of default by a written statement to the other party
dissolve at the time when the other party:
a. is declared bankrupt or a
request has been made;
b. applies for (provisional) suspension of payments;
c. is affected by an enforcement order;
d. is placed under guardianship or administration;
e. otherwise the power of disposal or
loses legal capacity with regard to (parts of) his assets.
2. The other party will inform the trustee or administrator
always about the (content of the) agreement and these general terms and conditions.
Article 13: Force majeure
1. In case of force majeure of the other party or JOSI Interieur, may
the latter terminates the agreement by written statement to the
dissolve the other party or the fulfillment of its obligations towards the
suspend the other party for a reasonable period of time without any penalty
be liable for compensation.
2. Force majeure of JOSI Interieur is understood to mean: a
non-attributable shortcoming of JOSI Interieur, of the
engaged third parties or suppliers or other compelling reasons
3. In any case, the following circumstances apply
of force majeure at JOSI Interieur: war, riot, mobilization, interior and
foreign unrest, government measures, strikes within the organization
of JOSI Interior or threat of these ed circumstances, disruption of the
exchange rates existing at the time of entering into the agreement,
business interruptions due to fire, burglary, sabotage, power failure,
internet or telephone connections, natural phenomena, (natural) disasters, etc
as well as due to weather conditions, road blocks, accident, import and export
restrictive measures, lack of materials, etc
transport difficulties and delivery problems.
4. If the force majeure situation commences as the agreement
has already been partially performed, the other party must fulfill its obligations towards
JOSI Interieur up to that moment.
Article 14: Cancellation, suspension
1. If the other party terminates the agreement prior to or
wishes to cancel during the execution, JOSI Interieur may request a
demand fixed compensation for all costs incurred and the costs incurred by the
cancellation damage suffered including loss of profit. At JOSI's choice
Interior and depending on the deliveries already made and/or in the context of
work performed on an assignment, this compensation amounts to 20 to 100%
of the agreed price.
2. The other party indemnifies JOSI Interieur against the
cancellation of ensuing claims from third parties.
3. JOSI Interieur may pay the compensation due
set off against all amounts paid by the other party and any
counterclaims of the other party.
4. In the event of suspension of the agreement at the request of the
other party, is the compensation for all deliveries and work performed
immediately due and payable and JOSI Interieur may charge this to the other party
to take. This also applies to costs already incurred or costs arising from the
5. Costs arising for JOSI Interieur from the
resuming the delivery(s) and work are at the expense of the
other party. If the performance of the agreement after the suspension is not
can be resumed, JOSI Interieur may cancel the agreement in writing
statement to the other party.
Article 15: Applicable law, competent court
1. The agreement concluded between the parties is
only Dutch law applies.
2. The applicability of the Vienna Sales Convention (CISG) is
3. Any disputes will be submitted to the competent authority
judge in the location of JOSI Interieur, but JOSI Interieur retains
always have the right to submit the dispute to the competent court in the
location of the other party.
4. Irrespective of JOSI Interieur's choice, the
consumer always has the right to submit the dispute to the legally competent
right. The consumer must make this choice within one month of receipt of the
notify JOSI Interieur of the summons.
5. If the other party is established outside the Netherlands, may
JOSI Interieur choose to submit the dispute to the competent
court in the country or state where the other party is established.