Terms of service

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: The period within which the consumer can exercise their right of withdrawal;
  • Consumer: A natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
  • Day: Calendar day;
  • Long-term transaction: A distance contract relating to a series of products and/or services, where the delivery and/or performance obligation is spread over time;
  • Durable medium: Any means that allows the consumer or entrepreneur to store information addressed to them personally, in a way that allows future consultation and unchanged reproduction of the information stored;
  • Right of withdrawal: The possibility for the consumer to cancel the distance contract within the cooling-off period;
  • Entrepreneur: The natural or legal person who offers products and/or services at a distance to consumers;
  • Distance contract: A contract concluded in the context of a system organized by the entrepreneur for distance selling of products and/or services, where up to and including the conclusion of the contract, only one or more techniques for distance communication are used;
  • Technique for distance communication: A means that can be used to conclude a contract, without the consumer and entrepreneur simultaneously being in the same room;
  • General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions can, contrary to the previous paragraph, be made available to the consumer electronically in such a way that it can be stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be reviewed electronically and that they will be sent electronically or otherwise free of charge upon request.

If specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs of this article apply accordingly, and the consumer can always invoke the provision that is most favorable to them in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remaining provisions of the agreement and these terms and conditions will remain in effect, and the provision in question will be replaced by a provision that as closely as possible approximates the intent of the original provision.

Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Uncertainties regarding the explanation or content of one or more provisions of our terms and conditions must be explained 'in the spirit' of these general terms and conditions.

Article 3 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description must be sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot be a basis for compensation or dissolution of the agreement.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

  • The price including taxes;
  • The possible costs of delivery;
  • The manner in which the agreement will be concluded and which actions are required for this;
  • Whether or not the right of withdrawal applies;
  • The manner of payment, delivery, and execution of the agreement;
  • The term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
  • The rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular base rate for the used communication method;
  • Whether the agreement will be archived after conclusion, and if so, how the consumer can consult it;
  • The way in which the consumer can check and, if desired, correct the data provided by them in the context of the agreement before concluding the agreement;
  • The possible other languages in which the agreement can be concluded, in addition to Dutch;
  • The codes of conduct to which the entrepreneur has subjected themselves and how the consumer can consult these codes of conduct electronically; and
  • The minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colors, types of materials.

Article 4 – The Agreement

The agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein, subject to the provisions of paragraph 4.

If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of acceptance of the offer electronically without delay. Until the receipt of this acceptance has been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may – within legal frameworks – inquire whether the consumer can meet their payment obligations, as well as any facts and factors that are relevant for responsibly entering into the distance contract. If the entrepreneur has good reasons not to enter into the agreement based on this investigation, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur will provide the consumer with the following information with the product or service, in writing or in a manner that the consumer can store in an accessible way on a durable medium:

  • The visiting address of the entrepreneur’s establishment where the consumer can address complaints;
  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • Information about warranties and existing after-sales service;
  • The data mentioned in Article 4, paragraph 3, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  • The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Every agreement is entered into under the suspensive condition of the availability of the relevant products.

Article 5 – Right of Withdrawal

In the purchase of products, the consumer has the possibility to dissolve the agreement without giving reasons within 14 days. This cooling-off period begins on the day after receipt of the product by the consumer or a representative designated by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and the packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, according to the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receipt of the product. The notification must be made in writing or by email. After the consumer has indicated their desire to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example, by providing proof of shipment.

If the consumer does not notify their intention to exercise the right of withdrawal within the periods mentioned in paragraphs 2 and 3 or fails to return the product to the entrepreneur, the purchase is final.

Article 6 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products are for the consumer’s account.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received by the webshop or conclusive proof of complete return can be provided.

Article 7 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • Made by the entrepreneur according to consumer specifications;
  • Clearly personal in nature;
  • Which cannot be returned due to their nature;
  • Which can spoil or age quickly;
  • Whose price is dependent on fluctuations in the financial market over which the entrepreneur has no influence;
  • For individual newspapers and magazines;
  • For audio and video recordings and computer software whose seal has been broken by the consumer;
  • For hygiene products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

  • Concerning accommodation, transportation, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
  • Whose delivery has begun with the consumer’s explicit consent before the cooling-off period has expired;
  • Concerning betting and lotteries.

Article 8 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services at variable prices if these prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. The offer must clearly state that the prices are subject to fluctuations and the fact that the prices are recommended prices.

Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

  • The price increase is the result of legal regulations or provisions; or
  • The consumer has the authority to terminate the agreement with effect from the day the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

Article 9 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of usability and/or reliability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

An arrangement offered by the entrepreneur, manufacturer, or importer as a guarantee does not affect the rights and claims that the consumer can assert against the entrepreneur in accordance with the agreement.

Article 10 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has made known to the entrepreneur.

With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without penalty and the entrepreneur will return the amount paid by the consumer as soon as possible.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will ensure that the consumer does not incur any costs.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. No later than upon delivery, it will be clearly and comprehensively stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The consumer can return the replacement item without charge and the cost of return will be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 11 – Duration Transactions: Termination, Cancellation, and Renewal

Termination:

The consumer may terminate an agreement that has been entered into for an indefinite period of time and that concerns the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of up to one month.

The consumer may terminate an agreement that has been entered into for a fixed period of time and that concerns the regular delivery of products (including electricity) or services at any time by the end of the fixed period, subject to the agreed termination rules and a notice period of up to one month.

Renewal:

An agreement that has been entered into for a fixed period of time and that concerns the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a fixed period of time.

In deviation from the previous paragraph, an agreement that has been entered into for a fixed period of time and that concerns the regular delivery of daily or weekly newspapers and magazines may be automatically renewed for a fixed period of up to three months, if the consumer has the option to terminate the agreement at the end of the renewal period with a notice period of up to one month.

An agreement that has been entered into for a fixed period of time and that concerns the regular delivery of products or services may only be automatically renewed for an indefinite period of time if the consumer has the option to terminate the agreement at any time with a notice period of up to one month.

Article 12 – Payment

Insofar as not provided otherwise in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 5, paragraph 1.

In the case of an agreement for the provision of a service, the term for payment starts on the day after the consumer receives confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs incurred.

Article 13 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints according to this procedure.

Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.

Article 14 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Disputes arising from an agreement between the entrepreneur and the consumer, to which these terms and conditions apply, shall be submitted to the competent court in the Netherlands.

Article 15 – Identity of the entrepreneur

Webshopname: JURNIQS

E-mail: support@jurniqs.com

KvK-number: 87110601

Address: 2645, Delft, Nederland

NL004363818B41