General Terms and Conditions

©2018 QuickJack, LLC, a subsidiary of BendPak, Inc. QuickJack products are protected by one or more patents in the United States, China, Europe, and other countries. QuickJack-Nederland is a Nederland importer and distributor of QuickJack’s portfolio of products. QuickJack-Nederland continues to pursue and elevate the standards of excellence through their strategic partnerships with automotive care professionals throughout Nederland. As a direct Nederland importer, QuickJack-Nederland is uniquely positioned to provide customers with the lowest delivered pricing and unparalleled

Dutch law applies to these terms and conditions

Table of Contents:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The Agreement

Article 6 – Right of Withdrawal

Article 7 – Obligations of the Consumer During the Cooling-Off Period

Article 8 – Exercise of the Right of Withdrawal by the Consumer and its Costs

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

Article 10 – Exclusion of the Right of Withdrawal

Article 11 – The Price

Article 12 – Fulfillment and Additional Warranty

Article 13 – Delivery and Performance

Article 14 – Long-Term Transactions: Duration, Cancellation, and Extension

Article 15 – Payment

Article 16 – Complaints Procedure

Article 17 – Disputes

Article 18 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Supplementary Agreement: an agreement where the consumer acquires products, digital content, and/or services related to a distance agreement, and these products, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between the entrepreneur and the third party;
Cooling-Off Period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or professional activity;
Day: calendar day;
Digital Content: data that is produced and delivered in digital form;
Long-Term Agreement: an agreement aimed at the regular supply of goods, services, and/or digital content for a specified period;
Durable Medium: any tool – including email – that allows the consumer or entrepreneur to store information addressed to them personally in such a way that future consultation or use is possible, and that unchanged reproduction of the stored information is possible;
Right of Withdrawal: the consumer’s right to withdraw from a distance agreement within the cooling-off period;
Entrepreneur: the natural or legal person offering products, (access to) digital content, and/or services to consumers at a distance;
Distance Agreement: an agreement concluded between the entrepreneur and the consumer under an organised system for distance sales of products, digital content and/or services, using one or more remote communication techniques until the conclusion of the agreement;
Withdrawal Model Form: the European model withdrawal form included in Annex I of these terms. Annex I does not need to be made available if the consumer does not have a right of withdrawal regarding their order;
Distance Communication Technique: a method that can be used to conclude an agreement, without the consumer and entrepreneur having to be in the same location at the same time.

Article 2 – Identity of the Entrepreneur

Quickjack Nederland B.V.

The Netherlands

[email protected]

Chamber of Commerce number: 73398500

Vat identification number: NL859512782B01

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, the entrepreneur will inform the consumer, before the agreement is concluded, about how the general terms and conditions can be reviewed and that they will be sent free of charge as soon as possible upon the consumer’s request.
If the agreement is concluded electronically, the text of these general terms and conditions may be made available electronically, in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the entrepreneur will indicate, before the agreement is concluded, where the general terms and conditions can be reviewed electronically, and that they will be sent free of charge electronically or in another way at the consumer’s request.
If specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the case of conflicting terms, the consumer may always rely on the provision that is most favorable to them.

Article 4 – The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly mentioned in the offer.
The offer will contain a full and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to allow the consumer to make a good judgment about the offer. If the entrepreneur uses images, these will be a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer will not bind the entrepreneur.
Every offer will contain information that makes it clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions set for it.
If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of the consumer’s acceptance electronically without delay. Until the entrepreneur confirms the receipt of this acceptance, the consumer may cancel the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.
The entrepreneur may, within legal frameworks, inquire whether the consumer can meet their payment obligations, as well as learn about any facts and factors that are important for responsibly entering into the distance agreement. If, based on this investigation, the entrepreneur has good reason to believe that the agreement should not be concluded, they are entitled to refuse the order or request, or attach special conditions to the execution of the agreement.
The entrepreneur will, no later than when delivering the product, service, or digital content to the consumer, provide the following information in writing or in such a way that the consumer can store it on a durable medium in an accessible manner:

In the case of a long-term agreement, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of Withdrawal

For products:

The consumer may cancel an agreement regarding the purchase of a product within a cooling-off period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot require the consumer to provide it.
The cooling-off period referred to in paragraph 1 starts the day after the consumer or a third party designated by the consumer, who is not the carrier, has received the product, or:

For services and digital content not delivered on a tangible medium:

The consumer may cancel a services agreement and an agreement for the delivery of digital content not delivered on a tangible medium within at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot require the consumer to provide it.
The cooling-off period referred to in paragraph 3 starts the day after the agreement is concluded.

Extended cooling-off period for products, services, and digital content not delivered on a tangible medium if the right of withdrawal information is not provided:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period as determined according to the previous paragraphs of this article.
If the entrepreneur has provided the information referred to in the previous paragraph within twelve months from the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the Consumer During the Cooling-Off Period

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The basic rule here is that the consumer may only handle and inspect the product in the same way they would in a physical store.
The consumer is only liable for a decrease in the product’s value resulting from handling the product beyond what is allowed in paragraph 1.
The consumer is not liable for any decrease in the product’s value if the entrepreneur has not provided all the legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 – Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period by using the model withdrawal form or by another unambiguous method.
As soon as possible, but within 14 days following the day mentioned in paragraph 1, the consumer must return the product or hand it over to the entrepreneur (or their authorized representative). This does not apply if the entrepreneur has offered to pick up the product themselves. The consumer will have met the return deadline if they return the product before the cooling-off period has expired.
The consumer must return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and according to the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not informed the consumer that they must bear these costs or has indicated they will bear the costs, the consumer is not required to bear the return shipping costs.
If the consumer withdraws after explicitly requesting that the service or delivery of gas, water, or electricity, which has not been made ready for sale in a limited volume or quantity, starts during the cooling-off period, the consumer is obliged to pay the entrepreneur an amount that is proportional to the part of the commitment fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the agreement.
The consumer does not bear any costs for the execution of services or the delivery of water, gas, or electricity, which has not been made ready for sale in a limited volume or quantity, or the supply of district heating, if:

The consumer does not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium if:

If the consumer exercises their right of withdrawal, all supplementary agreements are automatically dissolved.

Article 9 – Obligations of the Entrepreneur in Case of Withdrawal

If the entrepreneur enables the consumer to notify the withdrawal electronically, they will immediately confirm receipt of the notification upon receipt.
The entrepreneur will refund all payments made by the consumer, including any delivery charges incurred by the entrepreneur for the returned product, without delay, but no later than 14 days following the day on which the consumer informed them of the withdrawal. If the consumer wishes to return an item, the costs associated with this return are the consumer’s responsibility, unless the entrepreneur offers to pick up the product themselves. The entrepreneur may wait to process the refund until they receive the product or the consumer provides proof that the product has been returned, whichever occurs first.
The entrepreneur will use the same payment method that the consumer used for the refund, unless the consumer agrees to a different method. The refund will be at no cost to the consumer.
If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs of the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time before the agreement is concluded:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no control, and which may occur during the cooling-off period;
Agreements concluded at a public auction. A public auction is understood as a sales method where products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to take the products, digital content, and/or services;
Services agreements, after full implementation of the service, but only if:

Package holidays as defined in Article 7:500 of the Civil Code and agreements for the transportation of persons;
Service agreements for the provision of accommodation, if the agreement specifies a certain date or period of performance and is not for residential purposes, goods transportation, car rental, or catering;
Agreements regarding leisure activities, if the agreement specifies a certain date or period of execution;
Products made to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that deteriorate or expire quickly;
Sealed products that are not suitable for return for reasons of health protection or hygiene and where the seal has been broken after delivery;
Products that are after delivery, by their nature, irrevocably mixed with other products;
Alcoholic beverages where the price was agreed at the time of the agreement, but which can only be delivered after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no control;
Sealed audio, video recordings, and computer software, once the seal has been broken after delivery;
Newspapers, magazines, or periodicals, except for subscriptions to these;
The supply of digital content other than on a tangible medium, but only if:

Article 11 – The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, unless price changes result from changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur cannot influence, at variable prices. This price fluctuation and the fact that the prices mentioned may be indicative will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases after 3 months following the conclusion of the agreement are only allowed if the entrepreneur has stipulated this, and:

The prices listed in the offer of products or services are exclusive of VAT.

Article 12 – Compliance with the Agreement and Warranty

The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of quality and/or usability, and the applicable legal provisions and/or government regulations existing at the time the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
The legal warranty applies. Information about any additional guarantees and conditions that may apply can be found for each item separately or on the seller’s information pages.
An additional guarantee provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill its part of the agreement.
An additional guarantee refers to any commitment by the entrepreneur, its supplier, importer, or manufacturer in which it grants the consumer certain rights or claims that go beyond what is legally required if the entrepreneur has failed to fulfill its part of the agreement.

Article 13 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products and assessing requests for services.
The place of delivery will be the address provided by the consumer to the entrepreneur.
Subject to the provisions of Article 4 of these terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be or can only partially be fulfilled, the consumer will be informed of this no later than 30 days after placing the order. In such a case, the consumer has the right to cancel the agreement without any costs and is entitled to any compensation.
After cancellation in accordance with the previous paragraph, the entrepreneur will immediately refund the amount the consumer has paid.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated representative known to the entrepreneur, unless expressly agreed otherwise.
The delivery times indicated by the seller are non-binding and serve as an indication. Exceeding the delivery period will never give the buyer the right to any form of compensation, cancellation of the agreement, or non-fulfillment of any obligation that the buyer might have under this or any other agreement related to it; nor will the buyer, with or without judicial authorization, be entitled to carry out the work to execute the agreement themselves or have it carried out by third parties.

Article 14 – Duration Transactions: Duration, Termination, and Extension

The consumer may terminate an agreement concluded for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement concluded for a fixed term, which involves the regular delivery of products (including electricity) or services, at any time, before the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:

An agreement concluded for a fixed term, which involves the regular delivery of products (including electricity) or services, may not be automatically extended or renewed for a fixed term.
Notwithstanding the previous paragraph, an agreement concluded for a fixed term, which involves the regular delivery of daily, weekly, and monthly newspapers and magazines, may be automatically extended for a fixed period of up to three months, provided the consumer can terminate this extended agreement at the end of the extension period with a notice period of no more than one month.
An agreement concluded for a fixed term, which involves the regular delivery of products or services, may only be automatically extended for an indefinite term if the consumer can terminate the agreement at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement involves the regular delivery of daily, weekly, or monthly newspapers and magazines, but less than once a month.
An agreement for a limited term for the regular delivery of daily, weekly, or monthly newspapers and magazines (trial or introductory subscription) will not be automatically continued and will end after the trial or introductory period.
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prohibit termination before the agreed term ends.

Article 15 – Payment

Unless otherwise agreed in the agreement or additional terms, amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of services, this period begins the day after the consumer receives the confirmation of the agreement.
When selling products to consumers, consumers may never be required to prepay more than 50% on general terms. Where prepayment has been negotiated, the consumer cannot assert any right to implement the order or service(s) in question before the prepayment has been negotiated.
In the sale of products to consumers, the consumer may never be obligated to make a prepayment of more than 50%. When a prepayment is agreed upon, the consumer cannot assert any rights regarding the execution of the respective order or service(s) before the agreed prepayment has been made.
The consumer is obligated to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.
4. If the consumer does not fulfill their payment obligations on time, they are, after being reminded by the entrepreneur and given a period of 14 days to fulfill the payment, liable to pay statutory interest on the outstanding amount. The entrepreneur is entitled to charge the consumer for any extrajudicial collection costs. These collection costs amount to a maximum of: 15% of outstanding amounts up to € 2,500; 10% of the next € 2,500; and 5% of the next € 5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.

Article 16 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and will handle the complaint according to this procedure.
Complaints regarding the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual agreement. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.

Article 18 – Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be set out in writing or in such a way that they can be stored in an accessible manner on a durable data carrier.

Annex I: Model Form for Revocation

Model Form for Revocation

(Only fill out and return this form if you wish to revoke the agreement)

– To: QuickJack Nederland B.V.

Melkweg 16-A
1841JJ Stompetoren

The Netherlands

[email protected]

– I/We* share/share* you hereby, that I/we* our agreement on

the sale of the following products: *

the delivery of the following digital content: *

the operation of the following service: *,

recalls/repeals*

– Ordered on*/received on* [date order at services or receipt of products]

– [Name consumers(s)]

– [Adres consume]

– [Signature consumer(s)] (only when this form is submitted on paper)

• Delete as appropriate or fill in what applies.