General Terms and Conditions Johnny Loco International B.V.
- Offer: an offer from Johnny Loco for the purchase of the product, including a purchase price, payment obligations, additional costs, an indication/expected delivery time, and in which the applicability of these general terms and conditions is included;
- Johnny Loco International: the company that, directly or through its controlled companies, sells products and accessories under the trade name Johnny Loco;
- Reflection period: the period of 14 days after receipt within which the customer can exercise his right of withdrawal;
- Warranty conditions: conditions with regard to warranty, which apply to the products of Johnny Loco and all agreements between Johnny Loco and the customer and which are available on the website;
- Right of withdrawal: the possibility for the customer to remotely rencounce the contract within the cooling-off period;
- Customer: the natural person, not acting in the course of a profession or business with whom Johnny Loco enters into an agreement;
- Model withdrawal form: the European model withdrawal form included in Johnny Loco's Online Return Form;
- Remote contract: Any contract concluded between Johnny Loco and the customer within the framework of an organised system for the sale of products, digital content and/or services, whereby up to and including the conclusion of the contract exclusive use is made of one or more techniques for distance communication;
- Website: Johnny Loco's website: www.JohnnyLoco.com.
- These general terms and conditions apply to every offer and agreement between Johnny Loco and the customer to which Johnny Loco has declared these terms and conditions applicable, insofar as the parties have not deviated expressly and in writing from these general terms and conditions.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, Johnny Loco will indicate before the distance contract is concluded, how the general terms and conditions can be read at Johnny Loco and that they will be sent to him free of charge at the request of the customer.
- If the distance contract is concluded electronically, before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer electronically in such a way that the customer can easily store it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the customer.
- If a situation arises between parties which is not regulated in these general terms and conditions, this situation must be assessed in the spirit of these general terms and conditions.
- If Johnny Loco does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that the customer would lose the right to demand strict compliance with the provisions of these conditions in other cases.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the provisions of the second and third paragraphs of this article shall apply.
- All offers of Johnny Loco are without obligation, unless a period for acceptance has been set. An offer expires if the product to which the offer relates is no longer available in the meantime.
- Johnny Loco cannot be held to its offers if the customer can reasonably understand that the offers, or any part thereof, contain an obvious mistake or error.
- Each offer contains information so it is clear to the customer what rights and obligations are attached to the acceptance of the offer. This concerns in particular the price including taxes, the possible costs of delivery, the manner in which the agreement will be concluded and which actions are necessary for this, whether or not the right of withdrawal applies, the method of payment, delivery and execution of this agreement, the period for accepting the offer, or the period within which Johnny Loco guarantees the price, the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used, whether the agreement is archived after it has been concluded, and if so, how this can be consulted by the customer and how the customer, before concluding the agreement, can check information provided under the agreement and restore it if desired.
- The prices stated in an offer include VAT and other government levies as well as any costs to be incurred in the context of the agreement, including administration costs, unless stated otherwise. Transport and assembly costs are stated separately and are expressly not including the prices stated in the offers.
- If the acceptance deviates (whether or not on minor points) from the offer, Johnny Loco is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless Johnny Loco indicates otherwise.
- All statements by Johnny Loco of numbers, sizes, weights, colors and/or other indications have been made with care. Johnny Loco does not guarantee that deviations will occur in this regard. Errors, such as price errors on the website www.JohnnyLoco.com, in advertisements, offers, quotations, publications, order confirmations, invoices and other documents from Johnny Loco do not bind Johnny Loco.
- Quotations and offers, including brochures and the website, are without obligation and are only an invitation to place an order.
4 The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the customer of the offer and in compliance with the conditions set by Johnny Loco.
- If the customer has accepted the offer electronically, Johnny Loco will immediately electronically confirm receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Johnny Loco, the customer can terminate the agreement.
- If the agreement is concluded electronically, Johnny Loco will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the customer can pay electronically, Johnny Loco will take appropriate security measures.
- Johnny Loco can inform himself within legal frameworks whether the customer can meet his payment obligations, as well as all those facts and factors which are important for the responsible conclusion of the distance contract. If, based on this investigation, Johnny Loco has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5 The price
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
- Contrary to the provisions of the previous paragraph, Johnny Loco can offer products or services whose prices are subject to fluctuations in the financial market and on which Johnny Loco has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
- Price increases after the conclusion of the agreement are only permitted if the customer has the option to dissolve the agreement with effect from the day on which the price increase takes effect.
6 Delivery, execution and amendment of the agreement; price increase
- The place of delivery is the address which the customer has made known to Johnny Loco.
- If a delivery cannot take place at the specified address, the carrier may choose to deliver the delivery to, for example, the neighbors. If this is also not possible, the package will be brought to a collection point.
- In case a package is not collected on time at the collection point and the shipment returns to Johnny Loco, the return costs will be charged to the customer or settled with the amount to be refunded.
- Delivery times are only approximate. Johnny Loco will deliver the accepted orders at a time to be specified and will keep the customer informed about the delivery time and the actual time of delivery. If delivery is grossly or unreasonably delayed after Johnny Loco has informed the customer of the time of delivery, or if it appears that an order cannot or only partially be executed, the customer will receive this no later than 30 days after placing the order message. In that case, the customer has the right to terminate the agreement.
- In case of dissolution in accordance with the previous paragraph, Johnny Loco (if applicable) will refund the amount which the customer has paid as soon as possible, but no later than 14 days after dissolution.
- If delivery of an ordered product proves impossible, Johnny Loco will endeavor to provide a replacement item. 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 case for the account of Johnny Loco.
- Day and time of delivery depend on the delivery schedule of the carrier. It is not possible to reschedule an appointment. In principle, no delivery takes place on Saturday or Sunday, in the evenings or on public holidays.
- Delivery takes place to the door of the customer. The transporter's employee is not permitted to enter the customer's home, the shed or any other immovable property belonging to the home.
- The risk of damage and/or loss of products rests with Johnny Loco until the time of delivery by Johnny Loco to the customer or a pre-designated representative and notified to Johnny Loco, unless expressly agreed otherwise.
- Johnny Loco has the right to have certain activities -such as, but not limited to- the performance of the warranty, the transport and the assembly of items carried out by third parties.
- If during the execution of the agreement it appears that it is necessary for a proper implementation to change or supplement it, then the parties will adjust the agreement in time and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or instruction of the customer, of the competent authorities, etc. is changed and the agreement is thereby changed in qualitative and/or quantitative terms, this may have consequences. for what was originally agreed. As a result, the originally agreed upon amount can be increased or decreased. Johnny Loco will quote as much as possible in advance. By an amendment of the agreement, the originally specified term of execution can be changed. The customer accepts the possibility of changing the agreement, including the change in price and term of execution.
- Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the customer must be paid within 14 days after the conclusion of the agreement.
- The customer has an obligation to report inaccuracies in payment details provided or stated to Johnny Loco without delay.
- If the customer does not meet his payment obligation(s) in time, after he has been informed by Johnny Loco about the late payment and Johnny Loco has given the customer a period of 14 days to meet his payment obligation, after failure to pay within this 14-day period, statutory interest will be due on the amount still owed and Johnny Loco is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to EUR 2,500; 10% over the subsequent EUR 2,500; and 5% on the next EUR 5,000 with a minimum of EUR 40. Johnny Loco may deviate from the aforementioned amounts and percentages for the benefit of the customer.
8 Right of withdrawal
- The customer has the option to terminate a distance contract with regard to the purchase of a product during a reflection period of 14 days without giving any reason(s). Johnny Loco may ask the customer about the reason for withdrawal, but may not oblige him to state his reason(s). The reflection period starts on the day after the customer, or a third party designated by the customer, who is not the carrier, has received the product.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer.
9 Obligations of the customer during the reflection period
- During the reflection period as referred to in Article 8.1, the customer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point is that the customer may only handle and inspect the product as he should in a shop.
- The customer is only liable for depreciation of the product that is the result of a way of handling the product in a way which goes further than allowed in paragraph 1.
10 Exercising the right of withdrawal by the customer and associated costs
- If the customer makes use of his right of withdrawal, he reports this within the cooling-off period by using the Online Return Form or contacting Johnny Loco within 14 days from the day of delivery.
- As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the customer will send - in accordance with the reasonable and clear instructions provided by Johnny Loco - the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to Johnny Loco, or hand it over to the Johnny Loco dealer where the product has been delivered.
- If the customer makes use of his right of withdrawal, Johnny Loco will handle this request to determine the costs of return will be for the customer or Johnny Loco.
- If the customer has paid an amount to Johnny Loco for the purchase(s), Johnny Loco will refund this amount as soon as possible, but no later than 14 days after the return or cancellation. The refund period extends from the day the product is received at Johnny Loco's warehouse. If a part of the agreement is canceled, only the returned item will be refunded.
11 Exclusion of the right of withdrawal
- Johnny Loco can only exclude the customer's right of withdrawal insofar as provided for in paragraph 2 of this article.
- Exclusion of the right of withdrawal is only possible for products: (a) which have been created by Johnny Loco in accordance with the customer's specifications; (b) which are clearly personal in nature; and/or (c) which cannot be returned due to their nature.
12 Conformity and warranty
- Johnny Loco ensures the products meet the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the date of realization of the agreement existing legal provisions and/or government regulations.
- The warranty conditions as stated on the website apply to the products and agreements, including the distance agreement.
- The warranty period commences at the time of delivery to the customer.
- Warranty claims must be made to Johnny Loco - under presentation of the product for inspection. A copy of the original purchase invoice which came with the product purchase must be handed over to Johnny Loco to take care of the warranty claim.
13 Intellectual property
- Johnny Loco reserves the rights and powers vested in him under copyright law and other intellectual laws and regulations. Johnny Loco has the right to use the knowledge gained by the execution of an agreement for other purposes as well, insofar as no strictly confidential information of the customer is disclosed to third parties.
14 Data and files, privacy
- These general terms and conditions apply to the website(s) operated by Johnny Loco and to all products and services offered and delivered to customers by Johnny Loco through the internet.
- Johnny Loco treats the customer's data confidentially. These are not made available to third parties, unless Johnny Loco is legally obliged to do so, or if this is necessary for the delivery of the product or service. Insofar as the data provided by the customer qualify as personal data, Johnny Loco observes all relevant privacy laws and regulations when processing this data. The privacy statement on the Johnny Loco website explains which personal data Johnny Loco processes for which purposes, and how privacy laws and regulations are handled.
15 Applicable law and disputes
- Dutch law is exclusively applicable to all legal relationships to which Johnny Loco is a party, even if an obligation is fully or partially executed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded. Parties will only appeal to the courts after they have made every effort to settle a dispute by mutual agreement.
16 Location and changing conditions
- The conditions can be read and copy-pasted from this page on www.JohnnyLoco.com. The customer has stated that he has read these conditions and has agreed to them before the agreement could be concluded. These Johnny Loco BV General Terms and Conditions were updated in March 2020. The latest version of the conditions can be found on this page and always apply.