4000+in stock
In-houseservice
Deliverythroughout US

General Terms and Conditions of the private limited company JB-Inflatable B.V., Meppel, the Netherlands. Chamber of Commerce 04-072894

1. Definitions

1.1 Supplier: the private limited company JB-Inflatable B.V.

1.2 Customer: the natural person or legal entity that maintains one or more obligations with the Supplier to which these general terms and conditions apply, as well as any party to whom the Supplier sends a quotation, to which these general terms and conditions equally apply.

1.3 Parties: the Customer and the Supplier.

1.4 General Terms and Conditions: these general terms and conditions.

1.5 Agreement: the agreement concluded between the Customer and the Supplier, of which the General Terms and Conditions form part and to which they apply.

1.6 Product: any item or items that the Supplier delivers to the Customer under the Agreement and/or offers in a quotation or offer.

1.7 Services: everything that the Supplier delivers to the Customer under the Agreement that is not a Product, and/or offers to the Customer in a quotation or offer.

1.8 Price: the monetary consideration that the Customer is required to pay to the Supplier under the Agreement.

1.9 Website: the websites operated by the Supplier, including www.jb-inflatables.nl, www.jb-inflatables.be, www.jb-inflatables.eu, www.jb-inflatables.co.uk, www.jb-inflatables.com, www.huepfburgenwelt.de, www.jb-gonflables.fr, www.jb-hinchables.es, www.jb-gonfiabili.it, www.jb-insuflaveis.pt and www.jb-dmuchance.pl.

2. Applicability

2.1 The General Terms and Conditions apply to all obligations, including but not limited to the Agreement, as they exist and/or arise between the Customer and the Supplier.

2.2 The Supplier in no way accepts the applicability of any general terms and conditions used by the Customer and expressly rejects their content.

2.3 Provisions expressly stated in the Agreement prevail over provisions in the General Terms and Conditions if and insofar as there is any conflict between those provisions.

2.4 A Customer who has once concluded an Agreement with the Supplier to which the General Terms and Conditions apply or applied, agrees to the applicability of the General Terms and Conditions to any subsequent Agreement(s).

2.5 Provisions of the General Terms and Conditions that by their nature and/or purport are intended to remain in effect after termination of the Agreement shall continue to govern the legal relationship between the Parties arising from and/or in any way connected with the Agreement.

3. Quotation

3.1 A quotation sent by the Supplier to the Customer is without obligation and in no way binding on the Supplier, unless the content of that quotation unambiguously and expressly states otherwise.

3.2 A quotation from the Supplier is valid for three working days after it is issued, counted from and including the date stated on the quotation.

3.3 All rights and/or ownership of any information and/or items sent to the Customer in connection with a quotation remain with the Supplier. The Customer is not permitted to use any part of this information and/or these items in any way other than as permitted under the quotation and/or the Agreement.

3.4 Dimensions, weights, colours, technical data, texts, photographs or any other similar information stated by the Supplier in a quotation, the Agreement and/or on the Website are purely descriptive in nature. The Customer can in no way derive rights from this information, and deviations of the Product and/or the Service from this information are permitted and in no way imply that the Supplier thereby fails to fulfil its obligations under the Agreement, all unless the deviations are, in reasonableness, of such a nature and/or extent that it can no longer be said that the Supplier is (still) fulfilling its (core) obligations under the Agreement with that deviating delivery. The Customer has no right to complain or otherwise any right to performance and/or compensation as a result of deviations from the aforementioned information provided by the Supplier.

4. Agreement / formation

4.1 An Agreement between the Parties is not formed until, and at the moment when, the Customer has accepted a quotation or other offer from the Supplier in writing by signature, or has confirmed it in another manner.

4.2 Notwithstanding article 4.1 of the General Terms and Conditions, an Agreement between the Parties is also formed at the moment the Supplier has unambiguously learned from the Customer that the Customer accepts a quotation or offer from the Supplier.

4.3 The content of the Agreement is governed exclusively by the express conditions, agreed in writing or by e-mail, under which the Agreement in question was entered into, including the General Terms and Conditions.

4.4 Additions, amendments, promises, wishes or other conditions that the Customer considers to form part of the Agreement expressly do not form part of it, unless they expressly appear from the content of the Agreement as referred to in article 4.3 of the General Terms and Conditions.

4.5 With regard to the performance of the Agreement, the Customer cannot derive any rights from statements made by employees of the Supplier or by any third parties, where those employees/third parties are not legally authorised to act for or on behalf of the Supplier.

4.6 The Supplier is in all cases entitled to have one or more parts of its obligations under the Agreement performed by third parties, in which case the Supplier, as the Customer's contracting party, remains responsible towards the Customer for the fulfilment of the obligations under the Agreement.

4.7 If and insofar as the Supplier makes changes to its Product by way of improvement or because this is required by laws and/or regulations, the Supplier is always entitled to do so. The Customer can in no way derive rights from such a change against the Supplier.

4.8 The Supplier reserves the right to deliver the Product in parts, where this is reasonably possible. If the Supplier does so, this shall never give rise to any liability on the part of the Supplier, nor shall it constitute an (attributable) failure on the part of the Supplier.

5. Risk / insurance

5.1 The risk of the Product passes to the Customer at the moment the Customer has obtained possession of the Product. This is the case when the Customer has obtained actual control of the Product.

5.2 By way of exception to article 5.1, where the Supplier, under the Agreement, arranges the transport of the Product to and/or for the benefit of the Customer, the risk of the Product passes to the Customer at the moment the transport commences. The Customer is aware that in this connection it must arrange adequate insurance for the Product.

5.3 The Supplier has taken out customary business liability insurance. If the Customer wishes to know the extent of the cover of that insurance, it may contact the Supplier. This business liability insurance does not necessarily cover every risk of damage resulting from the use of the Product. From the moment the Customer bears the risk of the Product and/or has the Product in its possession (under the Agreement or otherwise), the Customer is itself obliged to arrange adequate insurance against the risk of damage resulting from the use of the Product suffered by the Customer or by third parties, regardless of whether this concerns property damage, personal injury, consequential loss, business loss or any other loss whatsoever.

6. Defects / complaints

6.1 The Customer is obliged to inspect the delivered Product upon receipt, and at the latest within 24 hours thereafter, in all respects for any defects in the Product or any other defects that may at any time give the Customer reason to take the position that the Supplier is not fulfilling its obligations, failing which any right the Customer may have against the Supplier as a result of any defect lapses.

6.2 The Supplier is never liable for defects in the Product of which it was not aware and/or ought not to have been aware.

6.3 Without prejudice to the obligations of the Customer agreed in the other paragraphs of this article, all claims of the Customer, of whatever nature and/or extent, connected with and/or resulting from an alleged defect lapse in any event after a period of seven days from the occurrence of the defect if the Customer has not, within that period, reported the alleged defect to the Supplier in writing with a clear description of the alleged defect.

6.4 Minor and/or unavoidable deviations of the Product never constitute grounds for complaint.

6.5 If and insofar as the Customer complains justifiably, and the Customer has not failed to comply with articles 6.1, 6.3 and/or 6.4, the Supplier is entitled, at its option, either to still perform or to credit the Customer with a part of the Price reasonably corresponding to the part of the Agreement to which the complaint relates, without prejudice to the Supplier's other rights.

7. Price / payment

7.1 The Customer is obliged to pay the agreed Price in the agreed manner as stated on the invoice, whereby any right to discount, set-off, suspension or any other right to incomplete and/or late payment is waived.

7.2 Payment by the Customer is only discharging at the moment the Supplier has received the payment in question in the manner indicated by it.

7.3 The Supplier applies a strict payment term of fourteen days, or another term if so stated on the invoice.

7.4 If the Customer fails to make payment as referred to in articles 7.1 / 7.2 of the General Terms and Conditions, the Customer is consequently in default by operation of law, without any further notice of default from the Supplier being required.

7.5 The Price is always exclusive of VAT, levies imposed by the government or otherwise, import duties, other taxes, order costs, packaging costs and/or costs of loading, unloading and shipping, or any similar (external) cost factors.

7.6 Any increase in the Supplier's cost factors affecting the Price entitles the Supplier to charge this increase to the Customer, such as an increase in taxes/levies, (freight) rates, material costs, etc. Only if this occurs within two months after the Agreement was formed, and if the cost increase exceeds 5% of the Price, is the Customer entitled to terminate the Agreement.

7.7 In the event of incomplete and/or late payment, the Customer owes penalty interest of 1.5% per month, calculated on the entire outstanding amount, whereby part of a month counts as a full month, all without prejudice to the Supplier's right to recover its loss from the Customer if and insofar as that loss exceeds the aforementioned 1.5% per month.

7.8 In addition to article 7.7, the Customer is obliged to pay the Supplier all extrajudicial and judicial costs reasonably incurred by the Supplier in connection with the collection of the outstanding amount. If and insofar as, in legal proceedings, the court, notwithstanding this article, does not award the Supplier the full costs of proceedings it has incurred (including its full lawyers' fees), this does not mean that the Supplier does not have a separate right, agreed in advance by the Customer under this article, to reimbursement of those full costs, in which case the Supplier is still entitled to claim those full costs from the Customer.

7.9 If and insofar as the Customer, for whatever reason, fails to pay everything it owes the Supplier under the Agreement, the Customer is obliged, at the Supplier's first request, to provide security to the Supplier's satisfaction for the fulfilment of what the Customer owes the Supplier.

7.10 The Customer indemnifies the Supplier against all loss suffered by the Supplier as a result of incorrect and/or missing information supplied by the Customer in connection with invoicing and everything related thereto, or as a result of the Customer's failure to comply with (administrative) obligations imposed by the government or otherwise, all in the broadest sense of the word.

8. Obligations of the Customer

8.1 The Customer accepts that the use of the Product may involve risks. In that connection the Customer is obliged to use the Product in the manner indicated and prescribed by the Supplier. The Customer is at all times obliged to strictly follow every instruction from the Supplier, in particular the written instructions provided by the Supplier to the Customer as an appendix or otherwise. Failure to use the Product in the prescribed manner causes any right of the Customer to compensation for any loss whatsoever to lapse.

9. Retention of title / insolvency

9.1 Ownership of a Product purchased by the Customer passes to the Customer only when the Customer has paid the Supplier in full.

9.2 Until ownership has passed to the Customer, the Customer, where the Product has already been made available to it, is obliged to take care of the Product as a prudent custodian.

9.3 Where ownership of the Product has not yet passed to the Customer, the Supplier is at all times entitled to take back the Product, regardless of the reason. In that connection the Customer is obliged, at the Supplier's first request, to return the Product.

9.4 Where ownership of the Product has not yet passed to the Customer and a petition for the Customer's bankruptcy has been filed, the Customer is obliged to notify the Supplier of this in writing, by registered letter, within 12 hours of becoming aware of that petition. In that case the Supplier is entitled to take back the Product immediately and to terminate the Agreement in that respect with immediate effect, all without the Customer thereby acquiring any right to compensation or otherwise any right to performance.

9.5 In the event of the Customer's bankruptcy, or if the Customer has been granted a suspension of payments, or if the Dutch Natural Persons Debt Rescheduling Act (Wet schuldsanering natuurlijke personen) has been declared applicable to the Customer, and where ownership of the Product has not yet passed to the Customer, the Supplier is entitled to take back the Product immediately and to terminate the Agreement with immediate effect. In that case the Supplier is in no way liable for any loss whatsoever.

10. Delivery (periods)

10.1 All delivery periods stated by the Supplier are approximate, unless the Customer and the Supplier have expressly agreed that a delivery period is expressly binding.

10.2 Agreed delivery periods commence only after the Customer has provided the Supplier with all information required for the performance of the Agreement and/or after the Supplier has seen all conditions required for the performance of the Agreement fulfilled, including but not limited to the required permits, supplied materials, data, documents and the like.

10.3 Delivery takes place only after the full purchase price has been paid by the Customer, unless otherwise agreed in writing. A delivery period commences only after receipt of the agreed down payment and all other payment obligations as agreed.

10.4 The Customer waives any right to compensation in connection with the Supplier exceeding a delivery period.

10.5 Delivery periods are never of a strict nature. Default on the part of the Supplier as a result of an alleged exceeding of a delivery period claimed by the Customer only arises after the Customer has given the Supplier notice of default by registered letter or bailiff's writ, granting the Supplier a period of at least two weeks to still perform.

10.6 If and insofar as delivery of the Product by the Supplier to and/or for the benefit of the Customer is in any way and/or for any reason prevented and/or delayed by an act and/or omission (within the sphere of risk) of the Customer, the Customer is liable for all loss (of storage/safekeeping/transport and/or otherwise) suffered by the Supplier as a result.

11. Liability / exoneration

11.1 Any liability of the Supplier is limited to liability for direct property damage, covered by the Supplier's insurer, and resulting from a demonstrable defect in the Product or from intent and/or gross negligence on the part of the Supplier.

11.2 In all cases the Supplier's liability for loss resulting from the acts and/or omissions of the Supplier's auxiliary persons is excluded.

11.3 In cases where the Supplier's insurer does not provide cover for loss claimed from the Supplier, and the Supplier is nevertheless ordered by a court or otherwise to compensate that loss, that obligation to pay compensation is always limited to an amount equal to the Price that the Customer was/is required to pay the Supplier under the Agreement whose performance / Product led to the loss in question.

11.4 Any right of the Customer to compensation lapses if the Customer has not complied with the provisions of the Agreement / the General Terms and Conditions / the Supplier's instructions (including the information referred to in article 13.2 of the General Terms and Conditions) regarding the use of the Product, and it is plausible that this failure was wholly or partly the cause of the loss.

11.5 Any liability and/or right of the Customer to compensation lapses after a period of six months from the occurrence of the event causing the loss if the Customer has not contacted the Supplier regarding this loss within that period.

11.6 The Customer indemnifies the Supplier against any liability for loss suffered by third parties caused by and/or connected with the Product. If and insofar as one or more third parties hold the Supplier liable (in legal proceedings) for that loss, the Customer is obliged in that respect, at the Supplier's first request, to provide security to the Supplier's satisfaction, including but not limited to a bank guarantee.

12. Intellectual property rights

12.1 The Supplier does its utmost to prevent the Product from infringing any intellectual property right of third parties in any way. However, the Supplier is never liable for loss, of whatever nature and/or extent, recovered from the Customer by third parties as a result of and/or in connection with the assertion that the Customer, as the party exercising control over the Product, infringes the rights of that third party.

12.2 The Supplier does not transfer to the Customer any intellectual property rights of any kind connected with the Product. Delivery of the Product serves solely to grant the Customer a right of use of the Product itself. The Customer guarantees that the Supplier's intellectual property rights in or connected with the Product will at all times be respected.

12.3 If and insofar as an Agreement exists between the Customer and the Supplier under which the Supplier is obliged to deliver a specific Product to the Customer (custom work), the Customer guarantees that the requested characteristics of the Product in no way infringe the intellectual property rights of third parties. The Customer indemnifies the Supplier against any liability in that respect.

13. Warranties

13.1 The Supplier provides (without prejudice to articles 13.2 to 13.5) a warranty on material and/or manufacturing defects of the Product for a period of one year after delivery of the Product to the Customer.

13.2 Any right to warranty lapses if the Customer has used the Product improperly and/or carelessly and/or if the Customer has not used the Product as indicated in the documents/information provided by the Supplier to the Customer (upon delivery or otherwise), which expressly includes the information available on the Website.

13.3 Any right to warranty further lapses if defects occur as a result of normal wear and tear, or as a result of the involvement of third parties engaged by the Customer in the installation, maintenance or repair of the Product, or any other involvement of third parties with the Product whatsoever.

13.4 The warranty provided by the Supplier on a Product that was not (entirely) manufactured by the Supplier is in all cases limited to the warranty provided to the Supplier by the third-party manufacturer(s) concerned.

13.5 Any right of the Customer to warranty lapses if the Customer has not fully complied with its payment obligation(s) towards the Supplier.

13.6 If the Supplier is obliged to honour a warranty claim by the Customer, the Supplier has the choice of either repairing the defect or crediting the Customer with (part of) the Price, reasonably corresponding to the extent of the defect, all without prejudice to the Supplier's other rights.

13.7 Warranty rights are always 'ex works' at the Supplier's workshop in Meppel, the Netherlands.

13.8 In the event of a warranty claim by the Customer, the Customer must itself arrange for the delivery and collection of the Product in question at the Supplier's workshop in Meppel, the Netherlands. Any shipping costs are to be borne by the Customer.

13.9 Notwithstanding article 13.1, the Supplier provides 4 years of additional warranty on manufacturing defects of the seams of new bouncy castles, obstacle courses and slides, provided the Customer uses the products seasonally and in compliance with article 13.2. Excluded from this additional warranty are companies and institutions that use the products (almost) daily, such as indoor play parks.

14. General

14.1 If and insofar as any provision of the General Terms and Conditions loses its effect, through annulment, voidability, a declaration of non-binding effect or otherwise, the matter governed by that provision shall be resolved by the Parties as far as possible in the spirit of that provision.

14.2 The headings above the articles in the General Terms and Conditions serve a descriptive purpose only.

14.3 Where the General Terms and Conditions contain provisions relating to the delivery of a Product, those provisions apply, if and insofar as possible, equally where the Supplier delivers one or more Services to the Customer under the Agreement.

14.4 All disputes arising from and/or connected with the Agreement are governed exclusively by Dutch law and shall be submitted, to the exclusion of other courts, to the District Court of Noord-Nederland (Rechtbank Noord-Nederland), Zwolle location.

15. Consumers

15.1 This article applies only if the Customer is a consumer: a natural person not acting in the course of a profession or business. In the event of conflict between this article and the other articles of the General Terms and Conditions, this article prevails. Provisions of the General Terms and Conditions that conflict with mandatory consumer law do not apply to the consumer; in that case the statutory rules apply.

15.2 Prices. Notwithstanding article 7.5, prices shown to consumers are inclusive of VAT. Any shipping and delivery costs are stated separately before the Agreement is concluded.

15.3 Formation. Notwithstanding article 4, the Agreement with a consumer is formed at the moment the consumer has placed the order via the Website and the Supplier has confirmed receipt of the order by e-mail.

15.4 Right of withdrawal. The consumer may cancel an Agreement concluded via the Website without giving reasons within 14 days after the day on which the consumer, or a third party designated by the consumer other than the carrier, received the Product. If an order is delivered in several shipments, the period commences on the day the last shipment is received.

15.5 Exercise. The consumer exercises the right of withdrawal by sending an unambiguous statement to contact@jb-inflatables.com within the period referred to in article 15.4, whether or not using the model form in the appendix to the General Terms and Conditions. The consumer returns the Product within 14 days after that statement. The direct costs of returning the Product are borne by the consumer. As the Products, due to their dimensions and weight, generally cannot be returned by normal post, the Supplier states the estimated costs of return on the Website before the Agreement is concluded.

15.6 Handling of the Product. During the withdrawal period the consumer handles the Product and its packaging with care. The consumer is liable for any diminished value of the Product resulting from handling that goes beyond what is necessary to establish the nature, characteristics and functioning of the Product.

15.7 Reimbursement. The Supplier reimburses all payments received from the consumer, including the original delivery costs up to the amount of the cheapest standard delivery offered by the Supplier, within 14 days after the day on which the Supplier received the withdrawal statement. The Supplier may withhold reimbursement until it has received the Product back or the consumer has supplied evidence of having sent back the Product. Reimbursement is made using the same means of payment as the consumer used, unless the consumer agrees to a different means of payment.

15.8 Exclusion of the right of withdrawal. The right of withdrawal does not apply to Products made to the consumer's specifications or clearly personalised, such as custom work and Products bearing a print specified by the consumer. The Supplier states this exclusion for the Product concerned before the Agreement is concluded.

15.9 Conformity and complaints. Notwithstanding articles 3.4, 6 and 13, the consumer is entitled to a Product that conforms to the Agreement. The consumer reports a defect to the Supplier within a reasonable time after discovery; a report within two months after discovery is in any event timely. Repair or replacement of a defect falling under statutory conformity is free of charge for the consumer, including shipping costs; articles 13.7 and 13.8 do not apply in that case. The warranty provided by the Supplier does not affect the consumer's statutory rights.

15.10 Payment. The consumer pays when placing the order using the payment methods offered on the Website, unless otherwise agreed. If payment is not made, the Supplier first sends a written reminder with a payment term of 14 days. After that term has expired, the consumer, notwithstanding articles 7.7 and 7.8, owes statutory interest and compensation for extrajudicial collection costs in accordance with the Dutch Decree on Compensation for Extrajudicial Collection Costs (Besluit vergoeding voor buitengerechtelijke incassokosten).

15.11 Delivery and risk. Notwithstanding articles 5.2 and 10, the Supplier delivers to the consumer no later than 30 days after the Agreement is concluded, unless a different delivery period has been agreed. The risk of the Product passes to the consumer at the moment the consumer, or a third party designated by the consumer, has received the Product. If the delivery period is exceeded, the consumer may grant the Supplier a reasonable additional period and, if delivery still fails to take place, terminate the Agreement.

15.12 Liability. The limitations in articles 3.4, 8.1, 10.4, 11 and 12.1 apply to the consumer only insofar as the law permits. The Supplier in no case excludes its liability for loss resulting from intent or deliberate recklessness on the part of the Supplier or its managers, nor for death or personal injury.

15.13 Time limits. The time limits stated in articles 6.1, 6.3, 9.4 and 11.5 do not apply to the consumer.

15.14 Complaints and disputes. The consumer may submit a complaint via contact@jb-inflatables.com. The Supplier responds substantively to the complaint within 14 days of receipt. Notwithstanding article 14.4, the consumer may, after the Supplier has invoked article 14.4 in writing, choose within one month to have the dispute settled by the court having jurisdiction by law.

Appendix: model withdrawal form

Complete and return this form only if you wish to withdraw from the contract. You may also send it by e-mail to contact@jb-inflatables.com. Use of this form is not mandatory; any other unambiguous statement is also sufficient.

To: JB-Inflatable B.V., Ampère 10, 7942 DD Meppel, the Netherlands, contact@jb-inflatables.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*): ..........

Ordered on (*) / received on (*): ..........

Order number: ..........

Name of consumer(s): ..........

Address of consumer(s): ..........

Signature of consumer(s) (only if this form is notified on paper): ..........

Date: ..........

(*) Delete as appropriate.