1. Applicability
1.1 These terms and conditions apply to all offers made by Jora Vision LBE B.V. (hereinafter: "JVLBE"), to all agreements concluded with JVLBE, and to all agreements arising therefrom.
1.2 The client's general terms and conditions are not applicable and are expressly rejected. If and insofar as the client's terms and conditions are nevertheless applicable, the terms and conditions of JVLBE shall prevail.
1.3 In the event of conflicting contractual provisions, the following order of priority applies:
- Purchase order confirmation;
- Specific Delivery Terms of JVLBE.
2. Offers
2.1 Offers include all written and oral communications from JVLBE prior to the purchase order confirmation.
2.2 All offers are non-binding and shall under no circumstances give rise to liability on the part of JVLBE.
2.3 If the client provides JVLBE with data, drawings, or other information, JVLBE may rely on their accuracy and base its offer on them. JVLBE cannot be held liable for errors in information provided by the client.
3. Intellectual Property and Ownership Rights
3.1 Unless otherwise agreed, all game concepts and everything directly or indirectly related thereto remain the property of JVLBE. This includes, but is not limited to, software, hardware, working drawings, illustrations, prototypes, models, molds, designs, concept sketches, films, and other materials or (electronic) files created by JVLBE.
3.2 Artist Impressions: No rights may be derived from Artist Impressions created by JVLBE unless explicitly referred to in the agreement.
4. Use and License
4.1 JVLBE grants the client a perpetual, non-exclusive, non-transferable license to use the game concept for the project specified in the agreement.
4.2 Relocation of JVLBE works to another geographical location is permitted only with JVLBE's prior written consent. JVLBE does not recommend such relocation, as it may affect functionality and warranty if carried out by third parties.
4.3 Without JVLBE's prior written consent, the client may not use the design for purposes other than those agreed.
4.4 Unless otherwise agreed, the client may not modify preliminary or final designs without JVLBE's prior written consent.
4.5 JVLBE and its affiliated companies may, with the client's approval, publicize their involvement in the project via social media and other platforms.
5. Delivery Time
5.1 If circumstances differ from those known to JVLBE when setting the delivery time, JVLBE may extend the delivery time by the period necessary to perform the agreement. If the work cannot be fitted into JVLBE's schedule, it will be performed as soon as the schedule allows.
5.2 If the client experiences delays (e.g., the site is not ready), JVLBE may revise its delivery time and schedule, and additional storage or travel costs may be charged.
5.3 In the event of additional work, delivery time may be extended by the time required to obtain materials and perform such work. If this cannot be fitted into the schedule, it will be performed when possible, and delivery time will be extended accordingly.
6. Force Majeure
JVLBE is not liable for delays or failures caused by circumstances beyond its reasonable control, including but not limited to fire, flood, explosion, war, terrorism, strike, pandemic, embargo, or government action. In such cases, the affected party shall notify the other party immediately and use reasonable efforts to resume performance as soon as practicable.
7. Changes to the Work
7.1 Changes in the work resulting from discrepancies between client-supplied information and actual site conditions shall be treated as variations (additional or reduced work).
7.2 Additional work will be charged based on the price factors applicable at the time the work is performed.
8. Execution of the Work
8.1 Work not specified in the purchase order confirmation is excluded.
8.2 Unless otherwise agreed, the client is responsible for unloading at the site and transporting materials to their final destination.
8.3 The client shall ensure that JVLBE can perform its work without interruption, at the agreed time, and with access to necessary facilities, including:
- stable wired internet connection, water, electricity;
- heating;
- lockable, dry storage;
- facilities required by applicable health, safety, and fire regulations.
8.4 The client is liable for damage to JVLBE's tools, materials, and other property located at the work site due to theft, fire, or damage.
8.5 If the client fails to meet its obligations, causing delays, the work will resume when JVLBE's schedule allows, and the client will be liable for resulting damages.
8.6 Quotations, estimates, and schedules are based on standard working hours: Monday to Friday, 07:00–21:00 (local time).
8.7 Technical Design: All electrical designs comply with Dutch NEN1010 standards. If the client does not specify a protection level, JVLBE will design to IP20.
8.8 Environmental/installation conditions (unless otherwise agreed):
- Temperature: 10°–35°C, max. change 20°C per hour;
- Altitude: reduce max. operating temperature by 1°C per 300m above 900m;
- Relative humidity: 20%–70% (non-condensing), max. 10% change per hour, max. dew point 26°C;
- Equipment must be free from dust, dirt, moisture, foreign objects, and protected from weather and chemicals;
- Max. vibration: 0.26 Grms (5 Hz–350 Hz, 15 minutes);
- Electrical system: TT or TN system (unless agreed otherwise);
- Voltage: 230V AC ±10%, 50/60Hz (unless agreed otherwise);
- HVAC must be fully operational during installation, commissioning, and operation.
9. Completion of the Work
9.1 When JVLBE considers the work complete, the client will be invited to inspect and accept the work on a specified date and time. If the client does not attend, the work will be deemed accepted as of the day after the proposed inspection date.
9.2 If the client rejects the work due to a defect attributable to JVLBE, JVLBE shall be given another opportunity to deliver.
10. Liability
10.1 JVLBE is liable only for damages that are the direct and exclusive result of an attributable breach by JVLBE.
10.2 Business interruption, consequential damages, including loss of profit or delay damages, are excluded.
10.3 The client indemnifies JVLBE against third-party claims for product liability arising from products or systems delivered by the client that include JVLBE's products or materials.
11. Warranty
11.1 JVLBE provides a 12-month warranty on its interactive game concepts from delivery on site. This covers defects in materials and workmanship and failures from normal use.
11.2 Software issues may be resolved remotely, provided the client has a stable wired internet connection.
11.3 Warranty claims must be submitted via:
11.4 Upon receipt, JVLBE will assess the claim and, if valid, repair or replace defective components free of charge.
11.5 Warranty excludes defects caused by misuse, vandalism, improper handling, third-party maintenance, incorrect installation, or unauthorized modifications.
11.6 Warranty claims are valid only after the client has fulfilled all payment obligations.
11.7 Normal wear and tear (scratches, scuffs, minor surface damage, gradual component wear) is not covered. Accidental damage, misuse, or environmental damage (e.g., moisture, extreme temperatures) are also excluded.
11.8 Determination of warranty coverage rests with JVLBE. The client may engage an independent expert at its own expense for review.
11.9 A project-specific warranty and service description is available at: https://social-entertainment.com/remarkaball/tandc/
12. Payments
12.1 Payments must be made to a bank account designated by JVLBE.
12.2 If the client fails to pay by the due date, they are immediately in default. JVLBE may demand immediate payment of all outstanding amounts, plus statutory commercial interest and costs, terminate the agreement, and recover damages.
12.3 Immediate full payment may also be required if:
- a payment deadline is exceeded;
- the client is declared bankrupt or applies for suspension of payment;
- the client's assets are seized;
- the client (natural person) is placed under guardianship or dies.
12.4 If JVLBE prevails in legal proceedings, all related costs shall be borne by the client.
13. Retention of Title and Pledge
13.1 Ownership of delivered goods remains with JVLBE until the client has fulfilled all obligations under this or similar agreements.
13.2 Goods subject to retention of title may not be encumbered or transferred by the client.
13.3 Upon invoking retention of title, JVLBE may reclaim goods, and the client shall grant JVLBE access to the premises where they are located.
13.4 If goods cannot be reclaimed due to mixing, transformation, or accession, the client shall grant JVLBE a pledge over the newly created goods or provide other suitable security.
14. Governing Law and Jurisdiction
14.1 These terms and all agreements between JVLBE and the client are governed by Dutch law.
14.2 The UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded, as are other international rules where exclusion is permitted.
14.3 All disputes shall be submitted to the competent court in the district where JVLBE has its registered office, unless mandatory law dictates otherwise. JVLBE may deviate from this and apply statutory jurisdiction rules.
14.4 Parties may also agree to alternative dispute resolution, such as arbitration or mediation.
Terms and delivery JVLBE B.V. — 1 September 2025
Jora Vision LBE B.V. · De Maessloot 2B · 2231 PX Rijnsburg · +31 (0)71 40 26 747 · info@social-entertainment.com · www.tripleshotpool.com
VAT/BTW: NL859491845B01 · Chamber of Commerce/KvK: 73369934 · Bank: Rabobank NL22 RABO 0338 5605 05 · BIC: RABONL2U