General Terms and Conditions

General terms and conditions Jknife

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Article 1. Definitions
In these General Terms and Conditions, the following terms shall have the meanings set out below:
 

Jknife: Jknife, a sole proprietorship established under Dutch law.

    Address: Leyenbroekerweg 53, 6132 CB Sittard, the Netherlands.

    Chamber of Commerce number: 42151693

    VAT number: NL003922576B39

    Email: jeroen@jknife.nl

    Telephone: +31 (0)6-45053236

Customer: any natural person or legal entity purchasing Products or Services from Jknife.

Consumer: a Customer acting for purposes outside his or her trade, business, craft or profession.

Products: all knives, accessories and related products manufactured, sold or supplied by Jknife.

Services: all activities performed by Jknife, including sharpening, maintenance, repairs, training courses and workshops.

Agreement: any agreement between Jknife and the Customer.

 

Article 2. Applicability

1. These General Terms and Conditions apply to all offers, quotations, Agreements and supplies made by Jknife.

2. Any derogation from these General Terms and Conditions shall be valid only if expressly agreed in writing, with reference to the relevant article or paragraph from which the parties intend to derogate.

3. Any general terms and conditions of the Customer are expressly rejected.

4. If any provision is found to be wholly or partly void, voidable or otherwise invalid, the remaining provisions shall remain in full force and effect. In that event, the parties shall replace the relevant provision with a valid provision that reflects, as closely as possible, the purpose, substance and intent of the original provision.

 

Article 3. Formation of the Agreement

1. All offers are non-binding unless expressly stated otherwise.

2. Obvious errors, mistakes or typographical errors in offers, prices, images, product descriptions, availability, workshop dates or other communications by Jknife shall not be binding on Jknife.

3. An Agreement is concluded once Jknife has confirmed the order or booking in writing or electronically, or as soon as Jknife has commenced performance of the Agreement.

4. In the case of bespoke work, personalisation, engraving, sharpening, maintenance, repairs or other work based on information, specifications or materials provided by the Customer, the Customer is responsible for their accuracy, completeness and suitability.
    

Article 4. Product characteristics

1. Knives are handcrafted. Variations in colour, finish, dimensions, weight, material structure, pattern, wood grain, handle material and other material characteristics are inherent in artisanal production and natural materials. Such variations do not constitute a defect and shall not render the Product non-conforming.

2. Product images on websites, in brochures or on social media are for illustrative purposes only.

3. Variations that reasonably result from the artisanal production process and do not affect the Product’s normal usability do not entitle the Customer to rescind (“ontbinden”) the Agreement, obtain replacement, claim a price reduction or seek damages.

4. Depending on use, moisture, the acidity of foodstuffs, cleaning and maintenance, carbon-steel knives may develop a patina or rust. This is inherent in the material properties of carbon steel and does not in itself constitute a defect or non-conformity.
    

Article 5. Prices

1. Prices include VAT unless expressly stated otherwise.

2. All quoted prices are in euros. Any shipping costs charged by Jknife will be stated before the order is placed. International deliveries may be subject to import duties, local taxes, customs charges, clearance fees and other levies. Unless expressly stated otherwise, such costs are not included in the price and shall be borne by the Customer.

3. For international deliveries, the Customer is responsible for compliance with local import regulations.
    

Article 6. Payment

1. Unless otherwise agreed in writing, payment must be made in full when an order or purchase is made or a workshop is booked.

2. Jknife shall not commence performance of the Agreement until payment has been received, unless expressly agreed otherwise.

Article 7. Delivery

1. Delivery periods are indicative only and shall not constitute strict deadlines. Time shall not be of the essence in respect of such delivery periods.

2. Upon delivery to the Customer, the risk of loss of or damage to the Products passes when the Products are received by the Customer or by a third party designated by the Customer other than the carrier.

3. If the Customer appoints a carrier not offered by Jknife, risk passes to the Customer as soon as the Products are handed over to that carrier.

4. Jknife shall not be liable for delays caused by carriers, customs authorities or public authorities.

 

Article 8. Retention of title

1. Title to the Products shall remain vested in Jknife until payment has been made in full.

2. The Customer may not pledge or otherwise encumber Products subject to Jknife’s retention of title.
    

Article 9. Consumers’ right of withdrawal

1. Consumers in the European Union have a statutory withdrawal period of 14 days, unless a statutory exception applies. For the purchase of Products, the withdrawal period begins on the day after the Consumer, or a third party designated by the Consumer other than the carrier, receives the Product. For Services, the withdrawal period begins on the day after the Agreement is concluded.

2. The right of withdrawal does not apply to:
   a) Products made to the Consumer’s specifications, including Products made using components selected by the Consumer and Products engraved, personalised or otherwise individually adapted at the Consumer’s request;
   b) Services fully performed during the withdrawal period, provided that the Consumer expressly consented in advance to performance during that period and acknowledged that the right of withdrawal would be lost once Jknife had fully performed the Service;
   c) Services relating to leisure activities, including workshops and training courses, where the Agreement provides for a specific date or period of performance.

3. If the Consumer exercises the right of withdrawal, the direct costs of return shipment shall be borne by the Consumer. The Consumer is responsible for adequate packaging and bears the risk of loss of or damage to the Product during return shipment until Jknife receives it. The Consumer is advised to use a traceable and, given the nature and value of knives, insured shipping method.

4. Jknife may withhold reimbursement until it has received the Product or until the Consumer has supplied evidence of having returned it, whichever occurs first.
    

Article 10. Sharpening services

1. Jknife shall perform sharpening and maintenance work with the degree of care reasonably expected of a professional knife maker and sharpener.

2. The Customer acknowledges that sharpening necessarily involves the removal of material.

3. Normal consequences of sharpening, including material loss, altered sharpening angles, adjustments to geometry, minor cosmetic changes or light signs of use, do not constitute a breach and do not give rise to any right to damages.

4. Jknife shall not be liable for damage resulting from: (a) latent material or construction defects, (b) pre-existing cracks, fractures or metal fatigue, (c) prior repairs or modifications by third parties, or (d) inaccurate information provided by the Customer concerning the knife’s condition or value.

5. If Jknife is liable for damage to a knife, its liability shall be limited to the knife’s current replacement value, subject to a maximum of EUR 500 per knife.

6. The Customer must notify Jknife in writing in advance if a knife has a replacement value exceeding EUR 500. Based on the higher stated value, Jknife may impose additional conditions, such as insured shipment, or refuse the knife for servicing.

7. Jknife shall not be liable for indirect loss, sentimental value, collectible value or loss of income arising from damage to or loss of a knife.
    

Article 11. Shipment of knives for sharpening and maintenance

1. The Customer may deliver and collect a knife at Jknife’s premises for sharpening or maintenance, or may choose shipment by post. The Customer is responsible for careful and secure packaging of knives submitted for sharpening or maintenance. Outbound and return shipping costs, including any insured-shipping costs, shall be borne by the Customer.

2. Until the knife has actually been received by Jknife, all risks associated with shipment to Jknife, including loss, theft, damage and delay in transit, shall be borne entirely by the Customer. Jknife shall not be liable in this respect. The Customer is responsible for choosing the shipping method and deciding whether to insure the shipment. The Customer is advised to ship knives insured.

3. Jknife may reuse the packaging used by the Customer for return shipment if, in Jknife’s opinion, it is suitable, safe and compliant with the packaging laws and regulations applicable to Jknife.

4. If the Customer’s packaging is unsuitable, or additional or different packaging is required for safe return shipment or compliance with applicable packaging legislation, the related costs shall be borne by the Customer. Jknife may suspend the sharpening or maintenance work or the return shipment until those additional costs have been paid.

5. If a return shipment cannot be delivered due to an incorrect address, refusal or failure by the Customer to collect it in time, the additional costs shall be borne by the Customer.
    

Article 12. Workshops

1. Participation in workshops is entirely at the Customer’s own risk. The Customer acknowledges that participation in a workshop involving knives, sharpening materials and other potentially dangerous tools entails inherent risks, including cuts, other injury and property damage. Jknife shall not be liable for damage or injury resulting from those inherent risks, careless conduct by the Customer or failure to follow safety instructions. This limitation does not apply insofar as the damage or injury results from a breach attributable to Jknife, wilful misconduct or deliberate recklessness on Jknife’s part, or insofar as liability may not be excluded or limited under mandatory law.

2. The Customer must strictly follow all safety instructions and directions given by Jknife and act carefully and responsibly during the workshop. Jknife may exclude from further participation, without any right to a refund, a Customer who fails to follow safety instructions, acts carelessly or endangers their own safety or that of others.

3. Photographs capturing the workshop setting may be taken during workshops for informational or promotional purposes, provided participants are not identifiable.

4. Jknife shall obtain prior consent before using identifiable images of participants for promotional purposes. Participants may refuse or subsequently withdraw consent without affecting participation.
    

Article 13. Cancellation of workshops

1. The Customer may cancel a workshop free of charge up to 14 calendar days before the scheduled workshop date. If cancellation occurs within 14 calendar days before that date, the participation fee shall not be refunded.

2. If the Customer is unable to participate, the consequences shall be borne by the Customer, unless Jknife voluntarily agrees to reschedule participation to another workshop date.

3. The Customer may arrange for a substitute participant to take their place free of charge, provided Jknife is informed before the workshop.

4. If Jknife cancels a workshop, the Customer is entitled either to participate in a replacement workshop or to receive a refund of the participation fee already paid.

 

Article 14. Use

1. Jknife shall not be liable for damage to a Product caused by improper, careless or unsafe use, storage, transport or maintenance.

2. The Customer must carefully dry, clean, maintain and store the Products. Knives must not be cleaned in a dishwasher and must not be placed or stored in direct sunlight. Carbon-steel knives must be carefully cleaned immediately after use, dried completely and stored in a dry place to minimise patina or rust.

3. The Customer must comply with all applicable laws and regulations concerning the possession, import, export, transport and use of knives.
    

Article 15. Warranty

1. This warranty is without prejudice to Consumers’ statutory rights under applicable mandatory law.

2. Jknife warrants that the Products conform to the Agreement upon delivery.

3. The warranty applies exclusively to manufacturing and material defects. Patina or rust on carbon-steel knives resulting from the material properties of carbon steel, use or maintenance shall not constitute a manufacturing or material defect.

4. The warranty shall lapse if damage is caused by (a) improper use, (b) normal wear and tear, (c) corrosion, (d) inadequate maintenance, (e) dropping, impact or misuse, (f) cleaning in a dishwasher, (g) placement or storage in direct sunlight, (h) insufficient drying, or (i) repairs by third parties.

5. If a Product has a defect covered by the warranty, Jknife may, at its discretion: a) repair the Product; b) replace the Product with an equivalent product; or c) refund all or part of the purchase price upon return of the Product.

6. To the extent permitted by law, repair, replacement or reimbursement as referred to in the preceding paragraph shall constitute full performance of Jknife’s commercial warranty obligation. The Customer shall not be entitled to additional damages, except in the event of wilful misconduct or deliberate recklessness by Jknife or where mandatory law provides otherwise.
    

Article 16. Liability

1. Jknife’s liability shall be limited to direct loss up to the amount charged for the relevant Product or Service.  

2. If and to the extent that the limitation of liability in paragraph 1 is unenforceable under mandatory law, Jknife’s liability shall be limited to the amount actually paid out in the relevant case under Jknife’s liability insurance, less the applicable deductible.

3. Jknife shall not be liable for indirect or consequential loss, loss of profit, loss of savings or reputational damage. Nor shall Jknife be liable for loss or damage, including personal injury, resulting from improper or careless use, use contrary to the intended purpose of the Product, or failure to follow safety or maintenance instructions.

4. These limitations shall not apply insofar as the loss or damage results from wilful misconduct or deliberate recklessness on Jknife’s part, or insofar as liability may not be excluded or limited under mandatory law.

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Article 17. Force majeure

1. Jknife may suspend its obligations if prevented from performing them due to force majeure.

2. Force majeure includes, without limitation: illness or incapacity for work of the knife maker or workshop instructor, disruptions in production processes, shortages of raw materials or other materials, supplier delays, transport problems, government measures, war, terrorism, pandemics, fire, extreme weather conditions and failures of energy or communications networks.

3. If performance becomes permanently impossible or the force majeure situation continues for more than 90 days, either party may rescind (“ontbinden”) all or part of the Agreement without any entitlement to damages.
    

Article 18. Intellectual property

1. All intellectual property rights in and to models, logos, designs, drawings, photographs, course materials, manuals and other materials shall remain vested in Jknife. They may not be copied, published or used commercially without Jknife’s prior written consent.

 

 Article 19. Complaints

1. Complaints may be submitted to Jknife in writing or by email and must be reported within a reasonable period after discovery of the defect or issue. Jknife aims to respond within 14 days. If handling the complaint requires more time, the Customer will receive, within that period, an indication of when a substantive response can be expected. Complaints do not suspend payment obligations.

2. Consumers in the European Union who conclude an Agreement online may use available out-of-court dispute resolution mechanisms insofar as Jknife is legally required to participate in them.
    

Article 20. Exports and international sales

1. The Customer is responsible for compliance with local laws and regulations and for verifying whether the import, possession, use and transport of the ordered Products are permitted in the country of destination. Jknife does not warrant that a Product may lawfully be imported, sold, transported or used in any particular country or jurisdiction.

2. If an order is detained, refused, destroyed or returned by customs authorities, this shall be entirely for the Customer’s account and risk.

3. Jknife may refuse orders where export-control legislation, sanctions regulations, local law or safety considerations so require.
    

Article 21. Age restriction

1. Jknife sells Products and Services only to persons aged 18 or over. By placing an order, the Customer represents that they are at least 18 years old and has the legal capacity to enter into the Agreement.

2. Jknife reserves the right to refuse participation or delivery if there is reasonable doubt as to the Customer’s age or if the Customer fails to provide age verification.
    

Article 22. Personal data

1. Jknife processes personal data in accordance with applicable privacy legislation, including the General Data Protection Regulation (GDPR). Further information on the processing of personal data is provided in Jknife’s privacy notice.
    

Article 23. Governing law and competent court

1. The Agreement shall be governed exclusively by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

2. Disputes shall be submitted to the competent court in the judicial district in which Jknife has its registered place of business, unless mandatory law provides otherwise.

 

Article 24. Safety

1. Knives are sharp tools and can cause serious injury.

2. Use knives carefully, in accordance with their intended purpose and in compliance with all applicable safety requirements.

3. Knives are not intended for use by children and must be kept out of their reach.
    

Article 25. Language and precedence

1. These General Terms and Conditions were originally drafted in the Dutch language. The English version is provided as a translation for information purposes only. In the event of any discrepancy, inconsistency or ambiguity between the Dutch and English version, including any difference in their construction or interpretation, the Dutch version shall prevail.