Article 1 – Definitions
1. Cooling-off period: term within which you can make use of right of withdrawal; |
2. acts: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with JK Retail Products;
3. Day: calendar day;
4. Duration transaction: a distance contract with regard to a series of products and/or services, of which the delivery and/or purchase obligation is in time spread;
5. Durable data carrier: any means that enables the company to use data carrier store information addressed to him personally in a way that future consultation and natural reproduction of the information possible.
6. Withdrawal: the option to waive the right to withdraw within the cooling-off period of the distance contract;
7. Model form: the model withdrawal form that JK Retail Products states who can provide a use when he wants to make use of his right of withdrawal.
8. Entrepreneur: the natural or natural products and/or services at a distance to turn on;
9. Distance contract: an agreement in the context of a contract by JK Retail Products organized system for distance selling of products and/or services, up to and including the conclusion of the agreement, is exclusively made one of more remote communication techniques;
10. Distance communication technology: means that can be used for the concluding an agreement, without the involved and cooperation agreement in agreement space have come together.
11. General Terms and Conditions: the General Terms and Conditions of JK Retail Products .
Article 2 – Identity of JK Retail Products
Phone number: 0297 324 510 E-mail address: firstname.lastname@example.org Chamber of Commerce number: 73665932 VAT identification number: NL 8596.20.852 B01 Bank account number: NL 14 INGB 0009 1315 42
Article 3 – Applicability
1. These general terms and conditions apply to every offer from JK Retail Products and on any distance agreement and orders concluded between JK Retail Products and the customer.
2. Before the distance contract is concluded, the text of these general terms and conditions conditions made available to the customer. If this is not reasonably possible before the distance contract is concluded, it will be indicated that the general terms and conditions at JK Retail Products and, at the request of the customer, be sent free of charge as soon as possible.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of this general terms and conditions are made available to the customer electronically set up in such a way that it can be easily done by the customer are stored on a durable data carrier. If this is not reasonably is possible, will be indicated before the distance contract is concluded of which the general terms and conditions can be obtained electronically and that, at the request of the customer, they are sent electronically or on otherwise will be sent free of charge.
4. In the event that, in addition to these general terms and conditions, specific product or terms of service apply, the second and third paragraphs of mutatis mutandis and the customer may in the event of contradictory general terms and conditions always invoke the applicable provision that is most favorable.
5. If one or more provisions in these general terms and conditions at any time are wholly or partially void or destroyed, the agreement and this conditions for the rest and will determine the relevant provision in mutual consultation be replaced without delay by a provision that the scope of the original approached as much as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions, are to be interpreted “in the spirit” of these terms and conditions requirements.
Article 4 – The Offer
1. If an offer has a limited period of validity or is made subject to conditions, this is explicitly stated in the offer.
2. The offer is without obligation. JK Retail Products is entitled to change the offer and to to fit.
3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to provide a good assessment of the offer by the customer. As JK Retail Products uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offers are not binding on JK Retail Products.
4. All images, specifications data in the offer are indicative and cannot be give rise to compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the offered Products. JK Retail Products cannot guarantee that the colors shown are exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the customer what the rights and obligations associated with the acceptance of the offer. This concerns in the special: o the price including taxes; o any shipping costs; o the way in which the agreement will be concluded and which actions are necessary for that; o whether or not the right of withdrawal applies; o the method of payment, delivery and execution of the agreement; o the term for acceptance of the offer, or the term within which JK Retail Products guarantees the price; o the amount of the tariff for distance communication if the costs of the use of the technology for distance communication are calculated on a basis other than the regular basic rate for the used means of communication; o whether the agreement will be archived after it has been concluded, and if so, on which basis this can be consulted by the customer; o the way in which the customer, before concluding the agreement, can check data provided to him in the context of the agreement and restore if desired; o any other languages in which, in addition to Dutch, the agreement can be be closed; o the codes of conduct to which JK Retail Products is subject and the manner on which the customer can consult these codes of conduct electronically; and o the minimum duration of the distance contract in the event of a expensive transaction.
Article 5 – The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded on the moment of acceptance by the customer of the offer and compliance with the stated conditions.
2. If the customer has accepted the offer electronically, JK . confirms Retail Products without delay electronically the receipt of the acceptance of the offer. As long as the agreement of this acceptance is not signed by JK Retail Products has been confirmed, the customer can dissolve the agreement.
3. If the agreement is concluded electronically, JK Retail Products will find appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the customer can pay electronically, JK Retail Products will provide appropriate observe safety measures.
4. JK Retail Products can – within legal frameworks – inform itself whether the customer can meet its payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the agreement on distance. If, on the basis of this investigation, JK Retail Products has good grounds to not to enter into the agreement, he is entitled to place an order or to refuse the application or to attach special conditions to the implementation.
5. JK Retail Products will provide the following information with the product or service to the customer, in writing or in such a way that it is accessible by the customer can be stored on a durable data carrier, enclose: o the visiting address of the branch of JK Retail Products where the customer complaints can be filed; o the conditions under which and the manner in which the customer of the can exercise the right of withdrawal, or a clear statement regarding the are excluded from the right of withdrawal; o the information about guarantees and existing after-sales service; o the information included in Article 4 paragraph 3 of these terms and conditions, unless JK Retail Products has already provided this information to the customer before the execution of the agreement; o the requirements for termination of the agreement if the agreement is a has a duration of more than one year or is of indefinite duration.
6. In the case of an expensive transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
When delivering products:
1. When purchasing products, the customer has the option of canceling the agreement without statement of reasons to terminate within 14 days. This cooling-off period starts on the day after receipt of the product by the customer or an advance notice by the customer designated and notified to JK Retail Products representative.
2. During the reflection period, the customer will handle the product and the packaging. He will only unpack or use the product to the extent that is necessary to be able to assess whether he wishes to keep the product. If he likes his makes use of the right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to JK Retail Products return, in accordance with the reasonable and clear terms provided by JK Retail Products instructions.
3. If the customer wishes to make use of his right of withdrawal, he is obliged to do so to be made known to JK Retail within 14 days of receipt of the product Products . The customer must make this known by means of the model form or by other means of communication such as email. After the customer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The customer must prove that the delivered goods are returned on time, for example by means of proof of shipment.
4. If the customer has not made known after expiry of the periods referred to in paragraphs 2 and 3 made use of his right of withdrawal resp. the product not to JK Retail Products has returned, the purchase is a fact.
When providing services:
1. When providing services, the customer has the option of canceling the agreement without statement of reasons to terminate for at least 14 days, commencing on the day of entering into the agreement.
2. To make use of his right of withdrawal, the customer will refer to the JK Retail Products with the offer and/or at the latest at the time of delivery reasonable and clear instructions.
Article 7 – Costs in case of withdrawal
1. If the customer makes use of his right of withdrawal, the costs will not exceed of return at his expense.
2. If the customer has paid an amount, JK Retail Products will as soon as possible, but at the latest within 14 days after cancellation. Here is the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be submitted. Refund will be be made via the same payment method used by the customer unless the customer gives explicit permission for another payment method.
3. In the event of damage to the product due to careless handling by the customer himself, the The customer is liable for any loss in value of the product.
4. The customer cannot be held liable for depreciation of the product when JK Retail Products does not provide all legally required information about the right of withdrawal has been granted, this must be done before the conclusion of the purchase agreement.
Article 8 – Exclusion right of withdrawal
1. JK Retail Products can exclude the customer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if JK Retail Products makes this clear in the offer, at least in good time before the closing of the agreement, stated.
2. Exclusion of the right of withdrawal is only possible for products: o that have been established by JK Retail Products in accordance with customer specifications; o that are clearly personal in nature; o which cannot be returned due to their nature; o that can spoil or age quickly; o whose price is subject to fluctuations in the financial market on which JK Retail Products has no influence; o for individual newspapers and magazines; o for audio and video recordings and computer software of which the customer sealing has burrowed; o for hygienic products of which the customer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services: o concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period; o the delivery of which has commenced with the express consent of the customer before the cooling-off period has expired; o regarding betting and lotteries.
Article 9 – The Prize
1. During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes such as due to changes in VAT rates.
2. Contrary to the previous paragraph, JK Retail Products may offer products or services whose prices are subject to fluctuations in the financial market and where JK Retail Products does not affect, with variable prices offering. This bondage to fluctuations and the fact that any prices quoted are target prices, are the offer stated.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if JK Retail Products has stipulated this and: o these are the result of statutory regulations or provisions; or o the customer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typographical errors. For the effects of pressure – and typographical errors, no liability is accepted. In case of printing and typing errors, JK Retail Products is not obliged to deliver the product according to the incorrect price.
Article 10 – Conformity and guarantee
1. JK Retail Products guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, to the reasonable requirements of soundness and/or usability and the on the date of the conclusion of the agreement existing legal provisions and/or government regulations. In the event that agreed, JK Retail Products also guarantees that the product is suitable for other than normal use.
2. A warranty provided by JK Retail Products, manufacturer or importer does not affect the legal rights and claims that the customer has under the agreement against JK Retail Products.
3. Any defects or incorrectly delivered products must be reported within 2 months after delivery to JK Retail Products must be reported in writing. Return of the Products must be in the original packaging and in new condition.
4. The warranty period of JK Retail Products corresponds to the manufacturer’s warranty period. However, JK Retail Products is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products. 5. The warranty does not apply if: o the customer has repaired and/or processed the delivered products himself or by has had third parties repaired and/or edited; o the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the directions of JK Retail Products and/or on the packaging; o the defectiveness is wholly or partly the result of regulations that government has made or will make with regard to the nature or quality of the applied materials.
Article 11 – Delivery and execution
1. JK Retail Products will take the greatest possible care when entering receiving and executing orders for products and assessment of applications for the provision of services.
2. The place of delivery is the address that the customer has made known to the company created.
3. With due observance of what is stated about this in paragraph 4 of this article, the company shall accepted orders expeditiously but at the latest within 30 days unless the customer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially can be carried out, the customer will receive this no later than 30 days after he order placed has message. In that case, the customer has the right to to dissolve the agreement without costs. The customer is not entitled to a compensation.
4. All delivery times are indicative. The customer may comply with any stated terms do not derive any rights. Exceeding a term does not entitle the customer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, JK Retail Products will that the customer has paid as soon as possible, but no later than 14 days after cancellation, repayment.
6. If delivery of an ordered product proves to be impossible, JK Retail Products will make every effort to make a replacement item available. Appearance at the delivery will be communicated in a clear and comprehensible manner that a replacement item is delivered. The right of withdrawal cannot be exercised for replacement items excluded. The costs of any return shipment are for the account of JK Retail Products .
7. The risk of damage and/or loss of products rests with JK Retail Products until the moment of delivery to the customer or a pre-designated and to JK Retail Products notified representative, unless expressly stated otherwise agreed.
Article 12 – Duration transactions: duration, cancellation and extension cancellation
1. The customer may enter into an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, cancel at any time with due observance of the agreed upon cancellation rules and a notice period of no more than one month.
2. The customer may enter into an agreement that has been entered into for a definite period of time and which extends to: the regular delivery of products (including electricity) or services, to cancel at any time by the end of the fixed term with due observance of the agreed cancellation rules and a notice period of no more than one month.
3. The customer can conclude the agreements referred to in the previous paragraphs: o cancel at any time and are not limited to cancellation on a specific time or in a specific period; o at least cancel in the same way as they entered into by him; o always cancel with the same notice period as JK Retail Products for itself has stipulated.
1. An agreement that has been entered into for a definite period and which extends to the settled delivery of products (including electricity) or services, may not be tacitly renewed or renewed for a specified period of time.
2. Notwithstanding the previous paragraph, an agreement that is for a definite period may and which extends to the regular delivery of daily news and weekly newspapers and periodicals are tacitly renewed for a specified period of maximum three months, if the customer terminates this extended agreement by the end of the extension can be terminated with a notice period of no more than one month.
3. An agreement that has been entered into for a definite period and which extends to the settled delivery of products or services, may only be tacitly for an indefinite period be extended if the customer may cancel at any time with a notice period of a maximum of one month and a notice period of a maximum of three months in the event of the agreement extends to regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after end of the trial or introductory period.
1. If an agreement has a duration of more than one year, the customer may after a year the agreement at all times with a notice period of no more than one month cancel, unless reasonableness and fairness prevail against cancellation before the end of the term to postpone the agreed duration.
Article 13 – Payment
1. Unless otherwise agreed, the owed by the customer amounts to be paid within 7 working days after the start of the cooling-off period if referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this period commences after the customer has received confirmation of the agreement receive.
2. The customer has the obligation to correct inaccuracies in payment details provided or stated immediately to JK Retail Products.
3. In the event of non-payment by the customer, JK Retail Products has, subject to statutory restrictions, the right to charge the reasonable costs made known to the customer in advance to charge.
Article 14 – Complaints procedure
1. JK Retail Products has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and fully within 2 months clearly described and submitted to JK Retail Products, after the customer found defects.
3. Complaints submitted to JK Retail Products will be processed within a period of 14 days calculated from the date of receipt. If a complaint is a foreseeable longer processing time, JK Retail Products within the period of 14 answered within days with a notification of receipt and an indication when the customer can expect a more detailed answer.
4. If the complaint cannot be resolved in mutual consultation, a dispute arises that subject to the dispute settlement procedure.
5. In the event of complaints, a customer must first turn to JK Retail Products. In the event that the webshop is affiliated with the WebwinkelKeur Foundation and in the event of complaints that are not in can be resolved by mutual agreement, the customer must contact the Foundation WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. Check if this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is not yet reached, the customer has the possibility to have his complaint handled by the WebwinkelKeur Foundation appointed independent disputes committee, the decision of which is binding and both JK Retail Products and the customer agree with this binding decision. To the submitting a dispute to this disputes committee, there are costs associated with must be paid by the customer to the relevant commission. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of JK Retail Products, unless JK Retail Products indicates otherwise in writing.
7. If a complaint is found to be well-founded by JK Retail Products, JK Retail will Replace or repair products at its discretion or the delivered products free of charge.
Article 15 – Disputes
1. On agreements between JK Retail Products and the customer to which these general terms and conditions, only Dutch law applies. Also if the customer resides abroad. 2. The Vienna Sales Convention does not apply.
Article 16 – Additional or different provisions
Additional provisions or provisions that deviate from these general terms and conditions may not apply to be to the detriment of the customer and must be recorded in writing or in such a way that these can be stored by the customer in an accessible manner on a durable data carrier.