Our general terms and conditions are listed below

Article 1. Definitions and Concepts

1. In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise:

• Trade names falling under these conditions: JUstFire, JustCooling, JustElectric, Wellnessprofis
• JustFire BV: the user of these general terms and conditions, located at Venloseweg 38, 5931GT Tegelen, hereinafter referred to as JustFire.
• Conditions: these general terms and conditions of sale.
• Customer: the natural person, business or professional counterparty of JustFire.
• Agreement: the agreement between the Customer and JustFire regarding the delivery of goods and services.
• Delivery: the actual offering of the purchased goods and/or agreed goods to the Customer.
• Completion: making the agreed goods and/or work ready for use as agreed.
• Work(s): the sum of the work agreed between the Customer and JustFire and the goods supplied by JustFire in connection therewith, as laid down in an agreement concluded by both parties and the documents that may be declared applicable therein, such as the offer, invoice and work order.
• Additional and less work: additions to or reductions of the agreed work requested by the Customer that lead to additional payment above or deduction from the agreed price/contract sum.
• Consumer: the Customer who is a natural person and who does not act in the exercise of a profession or business and enters into a distance contract with JustFire.
• Reflection period: the period within which the Consumer can exercise his right of withdrawal.
• Right of withdrawal: the possibility for the Consumer to withdraw from the distance contract within the 14-day reflection period.

Article 2. General

1. These conditions apply to every offer, quotation and agreement between JustFire and a Customer to which JustFire has declared these conditions applicable, insofar as these conditions have not been expressly and in writing deviated from by the parties. Concluding an agreement with JustFire implies that the Customer unconditionally accepts the applicability of these conditions.
2. The present conditions also apply to agreements with JustFire, for the execution of which JustFire needs to involve third parties.
3. If any provision of the Conditions or of the Agreement should be wholly or partly null and void and/or invalid and/or unenforceable, as a result of any statutory provision, judicial decision or otherwise, this shall have no consequence for the validity of all other provisions of these Conditions or the underlying Agreement.
4. If a provision of these Conditions or the underlying Agreement should be invalid for a reason as referred to in the previous paragraph, but would be valid if it had a more limited scope or extent, then this provision shall automatically apply with the most far-reaching or most extensive limited scope or extent with which or in which it is valid.
5. Notwithstanding the provisions of paragraph 4, the parties may, if desired, consult with each other in order to agree on new provisions to replace the null and void or annulled provisions. The purpose and intent of the null and void or annulled provisions shall be taken into account as much as possible.
6. If JustFire does not always demand strict compliance with these conditions, this does not mean that the provisions thereof are not applicable, or that JustFire would lose the right to demand strict compliance with the provisions of these conditions in other cases.
7. Any deviations from these Conditions are only valid if they have been expressly agreed in writing and only apply to the specific agreement to which the deviations relate.
8. The applicability of any purchasing or other conditions of the Customer is expressly rejected.
9. If there is uncertainty regarding the interpretation of one or more provisions of these Conditions, the interpretation must take place 'in the spirit' of these provisions.
10. If a situation arises between the parties that is not regulated in these Conditions, this situation must be assessed in the spirit of these Conditions.
11. In the event that these Conditions and the agreement contain conflicting provisions, the conditions included in the agreement shall apply.

Article 3. Formation of Agreement

1. The agreement is formed by these Conditions together with the other agreements made by letter, fax or e-mail. The Customer acknowledges when placing an order that electronic communication can serve as proof.
2. The quotations and offers made by JustFire are without obligation and revocable, unless a term for acceptance has been set in the quotation. If no acceptance period has been set, no rights can be derived from the quotation or offer in any way if the goods and/or services to which the quotation or offer relates are no longer available in the interim.
3. The content of all offer documents, such as drawings, descriptions or specifications, is as accurate as possible, but not binding.
4. Furthermore, for all quotations and offers, these are based on the data provided by the Customer. If these prove to be incorrect or incomplete, the Customer cannot derive any rights from an (accepted) quotation or offer. JustFire cannot be held to its quotations or offers if the Customer can reasonably understand that the quotations or offers, or a part thereof, contain an obvious mistake or error.
5. The prices stated in a quotation or offer include VAT and other government levies, unless stated otherwise in writing. Any costs to be incurred in the context of the agreement, including call-out charges, shipping costs and administrative costs, are also included, unless stated otherwise.
6. The agreement, offer, delivery or performance may, if agreed, also relate to connection, installation, assembly and other work. This includes:
   • Connection: connecting all supply and discharge pipes and wiring to existing and correctly installed connection points;
   • Installation: installing all supply and discharge pipes, wiring and connection points required for the correct assembly of the item;
   • Assembly (placement): assembling and setting up the item or parts thereof;
7. If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, JustFire is not bound by it. The agreement is then not concluded in accordance with this deviating acceptance, unless JustFire indicates otherwise.
8. The drawings, technical descriptions, designs and calculations forming part of the offer, which have been prepared by or on behalf of JustFire, remain the property of JustFire. They may not be handed over to third parties or shown to them without permission. If no order is placed, these documents must be sent to JustFire carriage paid within 14 days of a request to that effect by JustFire.
9. If the Customer does not accept the offer, JustFire is entitled to charge the costs involved in drawing up the quotation, provided that JustFire has informed the Customer in writing immediately when or after requesting the offer of this obligation and the amount of these costs.
10. All work not mentioned in the quotation is not covered by the agreement and may lead to an increase in price.
11. If the Customer is a consumer and a price change occurs after the conclusion of an agreement but before delivery, this change will not affect the agreed price if it occurs within three months after the conclusion of the agreement.
12. Price changes after the aforementioned period of three months will be passed on to the Customer who is a consumer. This Customer then has the option to agree to the changed price or to cancel as referred to in Article 8.
13. Price increases are passed on to Customers.
14. Data stated in catalogs, illustrations, drawings, size and weight specifications, etc. are only provided for indication without the item to be delivered having to specifically comply with them.

Article 4. Delivery and Storage

1. Delivery time means the period specified in the Agreement within which the agreed performance must have been completed. This is never a strict deadline but is determined approximately.
2. If a deadline is exceeded, the Customer must give JustFire written notice of default and offer a reasonable period to still execute the agreement.
3. If and insofar as a proper execution of the agreement requires it, JustFire has the right to have certain work performed by auxiliary persons and third parties. When engaging third parties, JustFire will observe the necessary due care. JustFire is not liable for damage resulting from shortcomings of third parties.
4. Any additional work to be performed by JustFire may result in a reasonable extension of the delivery time.
5. Delivery is ex warehouse JustFire, unless otherwise agreed in writing.
6. If delivery on demand is agreed, the delivery time agreed in the Agreement applies from the demand. Demand must take place within nine months after the conclusion of the agreement.
7. If the agreed goods are not accepted after an offer for delivery, JustFire will make a second delivery within a reasonable period. JustFire is then entitled to charge storage costs and any further demonstrable damage.
8. In the event that the agreed goods are not accepted after a second delivery, JustFire will consider the agreement cancelled, whereby the cancellation amount will be increased by all incurred costs.
9. In the event of refusal by the Customer after the second offer, JustFire has the right to dissolve the contract wholly or partly and to claim compensation for the damage suffered.
10. If no exact delivery date has been agreed, but a period within which delivery must take place, the Customer must, without prejudice to the obligation included in paragraph 1, inform JustFire of a delivery period in good time.

Article 5. Installation and transfer of risk

1. The Customer is responsible for the installation and commissioning of the delivered goods, unless expressly agreed otherwise.
2. The Customer can use an installation partner selected by JustFire for installation.
3. The costs for installation may be charged by the installation partner or JustFire, unless expressly agreed otherwise.
4. The risk of loss, damage or theft of delivered goods, goods to be processed or tools of JustFire, which are in the possession of the Customer or of a third party designated by him, rests with the Customer. This is only different if this is due to the fault of JustFire.
5. When the agreement can be (predominantly) regarded as a purchase agreement, the risk of the sold goods transfers to the Customer upon delivery, unless the law imperatively dictates otherwise.
6. When the agreement can be regarded as a contract for work, the risk of the Work transfers after completion. The Work is considered completed when JustFire has informed the Customer that the Work is ready and the Customer has accepted the Work. In the absence of an inspection by the Customer, the Work is considered accepted after a reasonable period of a maximum of two working days after the aforementioned notification.

Article 6. Obligations of the Customer

1. The Customer enables JustFire to deliver the goods and/or perform the Work.
2. The Customer ensures that JustFire has access to the data to be provided by him for the Work in good time.
3. The Customer is obliged to ensure that the place where the work is to be performed is suitable for performing it. This includes, among other things, that the place can be properly closed off and that the building and/or installation regulations are complied with.
4. If the Customer does not comply with his obligations in accordance with this article, he must reimburse JustFire for the demonstrable direct (stagnation) damage and reasonable costs incurred. The Customer's own direct damage and costs are for his own account.
5. The Customer ensures that supplied, not yet assembled goods as well as tools can be stored in lockable rooms.
6. The Customer provides JustFire with the available connection options for the energy required for the Work. The costs for electricity, gas and water are for the Customer's account.
7. The Customer must ensure that third parties, who perform work that does not belong to the Work of JustFire, do this in good time so that the execution of the Work is not delayed.
8. The Customer ensures that no other activities are carried out in the room where work is taking place that could cause damage.
9. The Customer ensures that the place of delivery is easily accessible and that everything within his power is done to enable a smooth pick-up/delivery.
10. If the commencement or progress of the Work is delayed by circumstances that are at the risk of the Customer, he must compensate JustFire for the resulting damage.
11. The Customer bears the risk for damage caused by inaccuracies in the commissioned work, inaccuracies in data provided by the Customer, or defects in materials or auxiliary tools made available by the Customer.
12. The Customer informs JustFire of special circumstances, such as the use of a lift or crane. Parties agree for whose account and risk the use of these special aids comes.
13. If damage is found upon delivery of goods, this must be stated by the Customer on the receipt. Outwardly visible damage must be reported to JustFire within two working days of delivery.

Article 7. Payment

1. JustFire is entitled to demand advance payment for an agreement.
2. JustFire can demand security from the business Customer when concluding the agreement.
3. Payment must always be made by advance payment, cash or cash on delivery, unless otherwise agreed.
4. If the Customer fails to pay on time and/or in full, he is in default by operation of law and owes interest of 5% per month, unless the statutory interest is higher.
5. The Customer is never entitled to set off or suspend payment, not even in the event of objections to the amount of an invoice.
6. If the Customer remains in default, the reasonable costs for extrajudicial collection are for his account, calculated on the basis of the usual collection methods.

Article 8. Cancellation, dissolution and right of retention

1. In the event of cancellation of the agreement by the Customer, the Customer owes compensation of 30% of what the Customer should have paid upon execution of the agreement, unless the parties have agreed otherwise when concluding the agreement.
2. The percentage referred to in the previous paragraph is 50%, if the cancellation of an agreement by the Customer takes place while the Customer has already been informed that the pick-up or delivery or part thereof can take place.
3. The percentages mentioned in the previous paragraphs are fixed, unless JustFire can prove that its damage is greater or the Customer can make it plausible that the damage is smaller.
4. The Customer and JustFire are at all times entitled to terminate the agreement with immediate effect if the Customer or JustFire:
   • is declared bankrupt, or an application for bankruptcy has been filed;
   • is granted a suspension of payment, or an application for this has been filed;
   • is admitted to the WSNP (Debt Restructuring Scheme for Natural Persons), or an application for this has been filed;
   • ceases business operations.
5. JustFire is entitled to suspend the fulfillment of the obligations or to dissolve the agreement if:
   • the Customer fails to fulfill the obligations from the agreement, not fully or not on time;
   • after the conclusion of the agreement, circumstances known to JustFire give good reason to fear that the Customer will not fulfill the obligations;
   • if the Customer was requested to provide security when concluding the agreement and this security is not provided or is insufficient;
   • due to the delay on the part of the Customer, JustFire can no longer be reasonably expected to fulfill the agreement under the originally agreed conditions.
6. JustFire also has the right to suspend the delivery of documents or other items to the Customer or third parties until all due claims on the Customer have been paid in full.

Article 9. Additional and less work

1. Costs incurred because the Client places an additional order or has failed to enable the execution or progress of the Work will be charged additionally to the Client. Additional and/or less work will be settled in accordance with JustFire's applicable rates.
2. Additional work generally includes all work and deliveries that are not included in the agreement and that are requested by the Client.
3. Less work is understood to mean what was stipulated in the agreement and ultimately not carried out with the consent of both parties. Areas not to be floored, such as columns and recesses, as well as cutting loss, will not be deducted.
4. Additional and less work for an amount exceeding €300.00 including VAT will be recorded in writing before or at the time of the assignment, except in urgent circumstances.
5. The absence of a document does not affect JustFire's or the Client's claims for settlement of additional or less work respectively. In that case, the burden of proof for the order rests with the party making the claim.

Article 10. Liability

1. JustFire will perform its work to the best of its ability and observe the care that can be expected from JustFire. If an error is made because the Client has provided incorrect or incomplete information, JustFire is not liable for the resulting damage.
2. JustFire will, at its own expense, repair damage to the Work that occurred before the Work was delivered, unless this damage was not caused by it or it is otherwise unreasonable for this damage to be at its expense, without prejudice to the provisions of Article 5.
3. JustFire is liable for damage suffered by the Client to persons and property other than the Work, insofar as this damage was caused by the execution of the Work and is the result of fault on the part of JustFire or auxiliary persons engaged by it, if and insofar as this liability is covered by its insurance.
4. Any claim for compensation or repair of damage suffered before or after delivery respectively expires if this claim has not been made known at the latest on the day of delivery or on the day the warranty period expires.
5. If JustFire has not been instructed to investigate or have investigated on site whether the existing flues are suitable for the stove, fireplace or other type of atmospheric heating to be installed, the Client bears the risk in connection with any unsuitability of these flues.
6. If the flues have not been swept for a period longer than 12 months prior to the installation of the stove, fireplace or other type of atmospheric heating, there are various risks associated with their use. If these risks manifest themselves and are not the result of a defect in the delivered goods or a defect in the performed Work, all associated damages will be borne by the Client.
7. If, by order of the Client, JustFire has not investigated on site whether sufficient air compensation is available for the stove, fireplace or other type of atmospheric heating to be installed and the provision of air compensation is not part of the assignment, the Client bears the risk of any lack of sufficient air compensation.
8. If JustFire has not been instructed to investigate whether, in connection with ventilation via the crawl space, substances are present in this crawl space that can directly or indirectly harm health, the Client bears the risk of any consequences of the presence of these substances.
9. JustFire is only liable for direct damage. JustFire is not liable for indirect and/or consequential damage, such as loss of profit, business interruption costs or loss of data.
10. Deadlines within which the Work must be performed or goods must be delivered are indicative, unless otherwise agreed in writing. In case of exceeding, the Client must give JustFire written notice of default and a reasonable period to still execute the agreement.
11. JustFire's liability is limited to the amount of the agreed price or a maximum of € 5,000.00 per event.
12. For damage other than that mentioned in this article, JustFire is only liable if there is intent or gross negligence on the part of JustFire or its managerial subordinates.
13. The Client indemnifies JustFire against claims from third parties for compensation of damage or costs incurred in connection with JustFire's performance of the assignment.
14. Legal claims for compensation or repair expire one year after the Client's complaint.
15. The Client who demands certain work against JustFire's express advice is solely liable for the resulting damage.
16. Exclusions and limitations do not apply if they are not permitted by mandatory consumer law, if the Client is a consumer.
17. The liability provisions also apply to warranty cases as described in Article 12.

Article 11. Unforeseen circumstances and force majeure

1. JustFire is not obliged to fulfill obligations if prevented by circumstances beyond its control and which are not at its expense, such as a strike or illness.
2. Force majeure also includes circumstances beyond JustFire's control and that were not foreseeable, such as illness or a strike.
3. If the force majeure situation lasts longer than two months, both parties have the right to dissolve the agreement without compensation.
4. If JustFire has already partially fulfilled its obligations during the force majeure situation, it may invoice this separately.

Article 12. Warranty and complaints

1. The goods supplied by JustFire comply with the usual requirements and standards, and the warranty only applies to normal use within the Netherlands.
2. The warranty period is one year, unless otherwise agreed, and for third-party products, the manufacturer's warranty applies.
3. Normal wear and tear and color deviations are not covered by the warranty.
4. The warranty expires in case of improper use, insufficient maintenance, not reporting defects in time, or if adjustments have been made without JustFire's permission.
5. JustFire only offers a warranty on the delivery of goods without installation.
6. The Client must check the delivered goods and report any defects within two months.
7. If a complaint is well-founded, JustFire will, at its discretion, repair, replace, or compensate.
8. JustFire is not liable for deviations in natural stone products.
9. The provisions of this article do not affect legal liability.

Article 13. Retention of title

1. All goods created or delivered by JustFire in the context of the Agreement remain the property of JustFire until all amounts owed by the Client have been paid in full.
2. Goods delivered by JustFire that are subject to retention of title may not be resold, except solely in the context of its normal business operations, unless JustFire has formally requested the Client in writing to immediately return the delivered goods to JustFire. The goods may never be used as a means of payment. The Client is not authorized to pledge or encumber the goods subject to retention of title in any other way.
3. The Client must always do everything that can reasonably be expected of him to safeguard JustFire's ownership rights.
4. The Client undertakes to insure the goods delivered under retention of title.
5. In the event that JustFire wishes to exercise its ownership rights referred to in this article, the Client grants JustFire and third parties to be designated by JustFire unconditional and irrevocable permission in advance to enter all places where JustFire's property is located and to take back those goods.
6. If JustFire cannot invoke its retention of title because the delivered goods have been mixed, deformed, or acceded, the Client is obliged to pledge the newly formed goods to JustFire.

Article 14. Intellectual property

1. JustFire reserves the rights and powers accruing to it under the Copyright Act and other intellectual property laws and regulations.
2. All items designed and developed by JustFire, including models, molds, samples, drawings, etc., are and remain the (intellectual) property of JustFire, unless otherwise agreed in writing.
3. JustFire reserves, if and insofar as applicable, the intellectual property of, among other things, designs, images, drawings, samples, specimens and models provided with or without the offer. They must be returned immediately at JustFire's first request.
4. The provisions of this article also apply to goods and services of which the Client reasonably knows or should know that they belong to JustFire and are subject to (intellectual) property rights, even if they are not designated as such.
5. JustFire declares that, to its knowledge, the goods to be delivered by JustFire do not infringe on intellectual property rights of third parties valid in the Netherlands. However, JustFire cannot indemnify the Client for any infringements of intellectual property rights of third parties.
6. The Client guarantees not to infringe (nor to allow or enable third parties to do so) JustFire's intellectual property rights, or those of its suppliers, with regard to the goods, for example by copying, editing, or imitating the goods.
7. JustFire has the right to use the knowledge gained on its part through the execution of an agreement for other purposes, provided that no strictly confidential information of the Client is disclosed to third parties. Information is considered confidential if this has been communicated by the other party or if it could reasonably be assumed that this information was confidential in nature.
8. The Client is not permitted to remove or alter indications concerning intellectual property rights on/in the performances delivered or made available by JustFire.

Article 15. Applicable law

1. All agreements between the Client and JustFire are exclusively governed by Dutch law.
2. All disputes related to or arising from the interpretation and/or fulfillment of the service agreement shall be settled by the Court in Zwolle, with the exception of disputes that fall under the exclusive jurisdiction of the subdistrict court.
3. In the event of a consumer purchase, disputes will be settled by the Court that is competent in accordance with the law.

Article 16. Location and amendment of conditions

1. These conditions are always available on the website www.JustFire.nl and will be sent free of charge by JustFire upon request.
2. The most recently filed version or the version that was valid at the time the legal relationship with JustFire was established will always apply.
3. The Dutch text of the Conditions shall always be decisive for their interpretation.

JustFire Nederland BV is a registered company with recognized installers who perform their work with great care and customer-focus. CO label and BRL100+200 registered. In all cases, we will ensure that you are 100% satisfied. The origin of JustFire Nederland BV lies in the company Truijens Business Group, which has been active since 1979!