Article 1 – Definitions

Article 2 – The Entrepreneur’s identity

Article 3 – Applicability

Article 4 – The offer

Article 5 – The contract

Article 6 – Right of withdrawal

Article 7 – Exercising the Consumer’s right of withdrawal and the costs

Article 8 - Exclusion of the right of withdrawal

Article 9 - The price

Article 10 – Performance of an agreement and extra Guarantee

Article 11 – Delivery and execution

Article 12 – Continuing performance agreements: duration, termination and renewal

Article-13 Payments

Article 14- Complaints

Article 15- Disputes

 

In these Terms and Conditions, the following terms shall have the following meanings:

1.       Reflection period: the period during which the Consumer may use his right of withdrawal;

2.       Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;

3.       Day: calendar day;

4.       Continuing performance contract: a contract serving to deliver goods, Services and/or digital content in a given period;

5.       Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible;

6.       Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;

7.       Entrepreneur: the natural of legal person who provides products, (access to) digital content and or services to Consumers at a distance;

8.       Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organized system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;

9.       Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.

 

Beheerder:

• JSM eCommerce B.V.
• Goudstraat 99 
• 2718RD, Zoetermeer
• KVK: 80300448
• BTW: NL861622868B01

Intellectueel eigendom:

• Nebun Holding B.V.
• Hemelsblauw 47
• 2718JW, Zoetermeer
• KVK: 80294529
• BTW: NL8616.20.276

 

1.       These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.

2.       Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.

3.       If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically. At the Customer’s    request, the General Terms and Conditions will be sent, free of charge, either via electronic means or otherwise, before concluding the distance contract;

4.       In the event that specific product condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favorable to him/her.

 

1.       If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.

2.       The offer contains a full and accurate description of the products offered. The description is suitably detailed to enable the Consumer to assess the products         adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products provided. Obvious errors or mistakes in the offer do not bind the        Entrepreneur.

3.       All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

    a.    price inclusive taxes

    b.    possible costs of delivery

    c.    the manner in which the agreement has been concluded and the necessary signatures

    d.    whether to apply the right of withdrawal

    e.    the method of payment, delivery and performance of the contract

    f.     the deadline for accepting the offer or the period within which the entrepreneur guarantees the price

    g.    the level of the rate for distance communication if the costs for the usage of the technology for distance communication are calculated on another ground than the regular fare for communication

    h.    if the agreement after the conclusion is archived and if so, how to consult it for the consumer

    i.      The consumers options, before concluding the agreement, check and if necessary also restore the information provided by hem under the agreement

    j.     any other languages, including Dutch, for the agreement

    k.    the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult electronically the codes of conduct; and

    l.      The minimum duration of the distance agreement in the event of a length transaction.

 

1.       Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.

2.       If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.

3.       If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.

4.       The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.

5.       Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a longterm data carrier:

    a.       the visiting address of the Entrepreneur´s business establishment where the Consumer may get into contact with any complaints;

    b.       the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;

    c.       the information corresponding to existing after-sales services and guarantees;

    d.       The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;

    e.       the requirements for cancelling the contract, if the contract has a duration of more than one year, or an indefinite period of time.

6.       In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.

 

1.       The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of 14 days. The reflection period starts on the day the product is received by the Consumer or by a third person appointed by him in advance and who is not the carrier.

2.       During this period the consumer shall treat the product and the package carefully. He shall unpack or use the product only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories and -if reasonably possible- in the original conditioning and packaging to the entrepreneur, in accordance with the provided reasonable and clear instructions of the entrepreneur.

3.       In order to execute the right of withdrawal, the consumer must abide by the reasonable and clear instructions provided by the entrepreneur at the offer or finally at the deliverance of the service.

 

Article 7 – Exercising the Consumer’s right of withdrawal and the costs

1.       If the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.

2.       If the consumer has made a payment, the entrepreneur shall pay back this amount as soon as possible but no later than within 14 days after the repeal or after the return shipment.

 

Article 8 - Exclusion of the right of withdrawal

1.       The entrepreneur can exclude the right of withdrawal of the consumer for as far as foreseen in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly mentioned this at least in time before the conclusion of the agreement.

2.       Exclusion of the right of withdrawal is only possible for the following products:

    a.     Which are established by the entrepreneur according to specifications of the consumer;

    b.     That they are clearly personal in nature;

    c.     Which cannot be returned because of their nature;

    d.     That can spoil or age quickly;

    e.     Whose price is bound to fluctuation on the financial market which the entrepreneur has no influence on.

 

1.       The prices of the products provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.

2.       Contrary to the previous paragraph, the Entrepreneur may offer products whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.

3.       Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.

4.       Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and:

    a.       they are the result of legal regulations or stipulations, or

    b.       the Consumer has the authority to cancel the contract before the day on

                   which the price increase starts.

5.       All prices indicated in the provision of products or services are including VAT.

 

1.       The Entrepreneur guarantees that the products comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.

2.       An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations if the Entrepreneur has failed in the fulfilment of his part of the agreement.

 

1.       The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.

2.       The place of delivery is at the address given by the Consumer to the Entrepreneur.

3.       With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient  speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of  charge and with the right to possible compensation. This compensation will never exceed the amount stipulated in the agreement.

4.       After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.

5.       If the delivery of an ordered product appears to be impossible, the entrepreneur shall strive to make available a replacement product. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out with regard to replacement products. The costs of a possible return shipment come at the expense of the entrepreneur.

6.       The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.

 

1.       The Consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products, with due observance of the termination rules and subject to not more than one month’s notice.

2.       An agreement which has been entered for a definite time, has a maximum duration of 2 years,  and which extends to a regular delivery of products, may only be automatically extended for an indefinite period if the consumer at any time terminate with a notice period of no more than one month.

 

1.       Unless otherwise agreed, the amounts due have to be met by the consumer within 7 days after entering the cooling off period referred to article 6, paragraph 1.

2.       The consumer has the duty to immediately notify the entrepreneur about inaccuracies in the payment details.

3.       In case of default by the consumer the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the consumer in advance.

 

1.       The entrepreneur features a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.

2.       Complaints about the execution of the agreement must be, fully and clearly described, submitted to the entrepreneur within 7 days after the consumer has observed the defects.

3.       The complaints submitted to the entrepreneur will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, the entrepreneur will answer within 14 days an acknowledgement and an indication when the consumer will receive a more detailed answer.

4.       If a complaint cannot be resolved by mutual agreement then there is a dispute that is subject to the dispute settlement.

5.       In case of disputes the consumer can approach Stichting WebwinkelKeur (WebwinkelKeur Foundation) and this foundation will mediate for free. If both parties cannot come up to a solution then the consumer has the possibility to let his complaint be handled by Stichting GeschilOnline. (GeschilOnline.nl Foundation) The ruling of this foundation is binding and both the consumer and the entrepreneur accept this binding ruling.

6.       A complaint does not suspend the obligations of the entrepreneur, unless he specifies otherwise in his general conditions/terms.

7.       If a complaint is accepted by the entrepreneur, the entrepreneur at its option replaces the products or repairs them free of charge.

 

1.       Dutch law exclusively applies to agreements between entrepreneur and consumer whereupon these general conditions/terms are related to.

2.       The CISG does not apply.