ByJacky will make the delivery either by shipment or by handing over the Product the client or his/her representative.
Place of delivery will be the address given by the Client to byJacky.
If the Client has provided an incorrect address for the delivery, byJacky has the right to charge extra delivery costs to the Client.
Dates of delivery are estimates as quoted by byJacky and are not to be considered as final deadlines. The mere lapse of a delivery time does not entitle the Client to damages, termination of the Contract, or non-performance of any obligation on the part of the Client arising from the Contract or any connected Contract, such with the exception of the provisions in Clause 7. ByJacky will never be liable to pay for loss of profit, incurred losses, expenses, or immaterial damage such as emotional or stagnation.
In case a delivery is delayed by a reasonable amount of time and it is not byJacky’s fault, the Client cannot claim any right to damages, rescission of the agreement or non-fulfilment of any obligation that may arise for the Client from this or any other related agreement, except as provided in Clause 7.
ByJacky does its best to keep the Website as up-to-date as possible. In case delivery of an ordered Product is no longer possible, byJacky will do its utmost to supply a substitute Product. The Client will be informed within thirty (30) days after placing the order that the ordered Product is no longer available and will be presented with the option of a substitute.
If a Product cannot be delivered or only partially, the Client will be notified within thirty (30) days. In that case, the Client has a right to terminate the Contract without any money being due. The Client has no right to claim damages. In case of termination, byJacky will refund the amount paid by the Client as soon as possible, but at the latest within fourteen (14) days after termination.
ByJacky will remain liable for damage to the Product or loss of the Product until delivery to the Client or to his/her representative. ByJacky will therefore insure the Product up to the moment delivery has taken place. After delivery to the Client the risks for the Product shall transfer to the Client.
The Client is obliged to accept the Products at the agreed place/places at the moment byJacky delivers them or has them delivered or at the moment they are made available to him/her according to the Contract. If the Client fails to do so, he/she shall bear the resulting costs thereof, including the shipping costs.
If the Client refuses or neglects to provide information or instructions that are necessary for delivery, the Products destined for delivery will be stored at the expense and risk of the Client.
