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Terms & Conditions

Terms & conditions

By visiting the ByJacky website

(‘’Site’’), www.by-jacky.nl (‘’BYJACKY),

You are accepting and consenting to be bound by the Terms of Use provided herein, as well as the Privacy Policy.

IF YOU DO NOT AGREE WITH THESE TERMS OF USE, OR ANY POSTED GUIDELINES OR RULES, PLEASE DO NOT USE THIS SITE.

We reserve the right, in our discretion, update or modify the Terms of Use at any time by posting such new terms on the site. Such changes shall be effective immediately upon posting with the date of the most recent revisions appearing at the bottom of this page, so check back often. We encourage you to review these Terms of Use whenever you use the site. Your continued use of the site and/or services will constitute your binding acceptance of this agreement, as amended from time to time.

By Jacky

Singel 284C

1016 AD Amsterdam

KvK-nummer:65407653 |

VAT Number / BTW-identificatienummer: NL03130852

• The price of goods quoted on our website includes 21% VAT (Value Added Tax). Where VAT is not included in the price, it will be added and payable by you at the appropriate rate.

• The cost of packaging and postage/carriage is shown separately and (in the case of special or overseas orders) will be quoted by us on request and payable separately from the price of the goods. All published prices are subject to change at any time without notice.

General 

Intellectual Property Rights.

Other than the content you own, under these Terms, ByJacky and/or its licensors own all the intellectual property rights and materials contained in this Website. You are granted limited license only for purposes of viewing the material contained on this website.

Restrictions

You are specifically restricted from all of the following

• publishing any website material in any other media;

• selling, sublicensing and/or otherwise commercializing any website material;

• publicly performing and/or showing any website material;

• using this website in any way that is or may be damaging to this website;

• using this website in any way that impacts user access to this website;

• using this website contrary to applicable laws and regulations, or in any way may cause harm to the website, or to any person or business entity;

• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this website;

• using this website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being accessed by you and ByJacky may further restrict access by you to any areas of this website, at any time, in absolute discretion. Any user ID and password you may have for this website are confidential and you must maintain confidentiality as well.

Your Content

In these website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this website. By displaying Your Content, you grant ByJacky a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be invading any third-party’s rights. ByJacky reserves the right to remove any of Your Content from this website at any time without notice.

No warranties

This website is provided “as is,” with all faults, and ByJacky express no representations or warranties, of any kind related to this website or the materials contained on this website. Also, nothing contained on this website shall be interpreted as advising you.

Limitation of liability

In no event shall ByJacky, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this website whether such liability is under contract. ByJacky, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this website.

Indemnification

You hereby indemnify to the fullest extent ByJacky from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these terms.

Severability

If any provision of these terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

ByJacky is permitted to revise these Terms at any time as it sees fit, and by using this website you are expected to review these terms on a regular basis.

Assignment

ByJacky is allowed to assign, transfer, and subcontract its rights and/or obligations under these terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these terms.

Entire Agreement

These Terms constitute the entire agreement between ByJacky and you in relation to your use of this website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the Netherlands, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Netherlands for the resolution of any disputes.

 Warrenties & Liability

• We warrant you that the goods ordered by you will meet the description as shown on our website (or any other description given to you in writing).

• We will not have any responsibility for any damage which occurs to the goods after delivery. (ByJacky counts delivery as the first attempt of delivery at your address).

• If any defect in any goods appear within a month of delivery, you must notify us as soon as you become aware of the defect, giving us full details. We will then decide, in consultation with you, whether the defect is our responsibility. If so, we may arrange either to repair the goods or to replace them with similar goods. Any defective goods to be returned to us must be returned at your expense.

• We do not accept any responsibility for any wear and tear, accidental damage or failure by you or by any third party to adhere to any written recommendation provided in relation to the goods.

Liability to you for loss or damage under no circumstances must exceed in the total amount you have paid us for those goods. (However, we acknowledge that we cannot exclude legal liability for death or personal injury which is proved to be due to our negligence).

Notices

If you wish to give us any notice relating to a matter covered by these terms, you must confirm that notice in writing. In the case of email notices, these should be sent to jacky@by-jacky.nl and you must send them so as to return an acknowledgement of receipt. Notice may be sent by post to ByJacky.