Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The selection
Article 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exception of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Supply and implementation
Article 12 – Extended transactions: duration, cancellation and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions
ARTICLE 1 – DEFINITIONS
In these conditions the following terms are understood as:
1. Withdrawal period: the period wherein the consumer can choose to use their right of withdrawal;
2. Consumer: the private individual who acts beyond the practice of an occupation or operation of a business and who enters into a remote agreement with the entrepreneur;
3. Day: calendar day;
4. Extended transaction: a remote agreement relating to a series of products and/or services, whereof the obligation of delivery and/or purchase is spread out over time;
5. Durable medium: every means that allows the consumer or entrepreneur to save information that is meant for them personally, in a way that allows for future consultation and unaltered reproduction of the saved information.
6.Right of withdrawal: the possibility for the consumer to waive the remote agreement within the withdrawal period;
7. Sample form: the sample form for the right of withdrawal that is provided by the entrepreneur and that a consumer can fill in when they wish to use their right of withdrawal.
8. Entrepreneur: the private person or legal entity that offers products and/or services to consumers;
9. Remote agreement: an agreement wherein, in the context of a by the entrepreneur organized system for remote sales of products and/or services, until the conclusion of the agreement only one or more techniques are used for remote communication;
10. Techniques for remote communication: means that can be used to close the agreement, without the entrepreneur and consumer simultaneously being in the same space.
11. Terms and Conditions: the present Terms and Conditions of the entrepreneur.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
NAME BUSINESS: Just Another Store B.V.
ACTING UNDER THE NAME/NAMES: japproducts.eu
OFFICE ADDRESS: De Beverspijken 7D, 5221EE ‘s-Hertogenbosch
TELEPHONE NUMBER: +31736447405
ACCESSIBILITY: Monday to Friday from 09:00 to 18:00.
KVK NUMBER: 74001345
VAT IDENTIFICATION NUMBER: NL859739053B01
ARTICLE 3 – APPLICABILITY
1. These terms and conditions are applicable to every offer from the entrepreneur and to every concluded remote agreement and orders between entrepreneur and consumer.
2. Before the remote agreement is concluded, the content of these terms and conditions is made available for the consumer. If this is reasonably not possible it will be pointed out before the conclusion of the remote agreement that that the terms and conditions can be viewed upon request from the consumer and that these will be sent to them as soon as possible, without charge.
3. In case the remote agreement is concluded electronically, can, in derogation from the pervious section and before the remote agreement is concluded, the text of these terms and conditions via electronical means be made available for the consumer in such a way that this can easily be saved by the consumer on a durable medium. If this is reasonably impossible, it will be indicated where can be taken note of the terms and conditions via electronical means, and it will be indicated that the terms and conditions will be sent to the consumer on request via electronical means, or through other means free of charge, before the remote agreement is concluded.
4. In case that in addition to these terms and conditions specific product and/or service conditions are applicable, the second and third section apply accordingly and in case of contradictory terms and conditions that consumer may invariably invoke the applicable provision that are the most beneficial for them.
5. In case one or more of the provisions in these terms and conditions are, at any moment, in whole or in part, null or voided, the remainder of the agreement and the terms and conditions will sustain and the relevant provision will in mutual consultation, immediately be replaced by a provision that approaches the purport of the original as much as possible.
6. Situations that are not regulated in these terms and conditions, are to be assessed to ‘the spirit of’ these terms and conditions.
7. Uncertainties surrounding the content of one or more of these conditions are to be explained in ‘the spirit of’ these terms and conditions.
ARTICLE 4 – THE SELECTION
1. In case the selection has a limited validity or occurs under other conditions, this will be explicitly mentioned in the selection.
2. The selection is without obligation. The entrepreneur retains the right to change and adjust the selection.
3. The selection contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow for a good evaluation of the selection by the consumer. If the entrepreneur uses images, these are a truthful display of the offered products and/or services. Apparent oversights or apparent errors in the selection do not bind the entrepreneur.
4. All images and specification details in the selections are indication and cannot be reason for compensation or for unbinding of the agreement.
5. Images associated with products are a truthful display of the offered products. Entrepreneur cannot guarantee that the displayed colours are an exact match with the real colour of the products.
6. Every offer contains such information that it is clear for the consumer what the rights and obligations, that are tied to the accepting of the offer, are. This is most notably regarding:
• the price inclusive with taxes;
• any shipment costs;
• the way the agreement will be concluded the actions that are therefore necessary;
• whether the right of withdrawal is applicable;
• the means of payment, delivery and execution of the agreement;
• the period for accepting of the offer, or period wherein the entrepreneur assures the price;
• the amount of the fee for remote communication in case the costs of the use of technical means for remote communication are calculated on different basis then the regular base rate for the used means for communication;
• whether the agreement is archived after conclusion, and if so on which grounds this can be called upon by the consumer;
• the method the consumer can use to check, and if desired, update, the information they supplied in the context of the agreement, before the agreement is concluded;
• the possible different languages wherein, in addition to the Dutch language, the agreement can be concluded;
• the behavioural codes that the entrepreneur has subjected themselves to and the way the consumer can consult these behavioural codes electronically; and the minimal duration of the remote agreement in case of an extended transaction.
ARTICLE 5 – THE AGREEMENT
1. The agreement is concluded, subject to the provisions in section 4, at the moment the consumer approves and all of the associated conditions are met.
2. If the consumer had approved the offer through electronic means, the entrepreneur will promptly confirm the receipt of the approval through electronic means. As long as the receipt is not confirmed by the entrepreneur, the consumer is able to dissolve the agreement.
3. If the agreement is electronically concluded, the entrepreneur will take appropriate technical and organizational action to secure the electronic transfer of data and the entrepreneur will provide a safe web environment. If the consumer can pay electronically, the entrepreneur will abide by appropriate safety measures.
4. The entrepreneur can – within legal bounds – inform whether the consumer is able to fulfil their payment obligation, as well as all the facts and factors that are important to justifiably enter into a remote agreement. If the entrepreneur has good ground on the basis s of this research, to not enter into the agreement, he is entitled to reject an order or request or to commit to the execution of special conditions.
5. The entrepreneur will include the following information with the product or service, in writing or in such a way that this can be saved by the consumer in an accessible way on a durable medium:
a. the physical address of the office of the entrepreneur where the consumer can find support for their complaints;
b. the conditions under which, and the way the consumer can use their right of withdrawal, as well as a clear record concerning the exclusion of the right of withdrawal;
c. the information regarding warranties and existing service after purchase;
d. the information mentioned in Article 4 section 3 of this agreement, unless the entrepreneur already distributed this information to the consumer before the execution of the agreement;
e. the requirements for termination of the agreement if the agreement has a duration longer than a year, or is of unlimited duration.
6. In case of an extended transaction the provision of the previous section is only applicable on the first delivery.
7. Every agreement can be concluded under the suspensive conditions of sufficient availability of relative products.
ARTICLE 6 – RIGHT OF WITHDRAWAL
With delivery of products:
1. With the purchase of the products the consumer has the option to dissolve the agreement without statement of reason for 14 days. This reflection period starts at the day the consumer receives the product or when a by the consumer predetermined representative that was made known to the entrepreneur receives the product.
2. During the reflection period the consumer will carefully handle the product and the packaging. They will only unpack or use the product in so far is necessary to determine whether they which to keep the product. If they use their right of withdrawal, they will retour the delivered and the attached to the entrepreneur, in the original state, in so far reasonably possibly, and compliant with the by the entrepreneur distributed reasonable and clear instructions.
3. When the consumer wishes to use their right of withdrawal they are required to communicate this to the entrepreneur within 14 days after receiving the product. The consumer should communicate this using the sample form. After the consumer has communicated that they wish to use their right of withdrawal the consumer should return the product within 14 days. The consumer should prove that they delivered matters were returned in time, for example by means of a prove of shipment. \
4. If the consumer has not communicated that they which to use their right of withdrawal after completion of the in section 2 and 3 mentioned durations, and has not returned the product to the entrepreneur, the purchase is definite. With services provided:
5. With provides services the consumer has the possibility to dissolve the agreement without statement of reason for at least 14 days, starting the day the agreement is concluded.
6. To use their right of withdrawal, the consumer will address the entrepreneur at the offer and/or at the latest at the delivery, reasonably and clear instructions.
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
1. If the consumer uses their right of withdrawal, they will at most account for the cost of the retour shipment.
2. If the consumer paid an amount, the entrepreneur will refund this amount, as soon as possible, or within 14 days after withdrawal. This is under the condition that the product is received by the online retailer, or conclusive proof of return can be provided. Refund take place via the same payment method that was used by the consumer unless the consumer explicitly gives permission for a different payment method.
3. In case of damaging of the product due to uncareful handling of the consumer themselves, the consumer is liable for any impairment of the product.
4. The consumer cannot be held liable for impairment of the product when the entrepreneur does not distribute all the legally required information about the right of withdrawal, this should be distributed before the conclusion of the purchase agreement.
ARTICLE 8 – EXCLUSION RIGHT OF WITHDRAWAL
1. The entrepreneur can exclude the right of withdrawal of the consumer as described in section 2 and 3. The exclusion of the right of withdrawal is only valid when the entrepreneur has clearly state this in the offer, before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that were developed by the entrepreneur in accordance with consumer’s specifications;
b. that are clearly of personal nature;
c. that cannot be returned due to their personal nature;
d. that may age or expire quickly;
e. whereof the price is tied to fluctuations on the financial markets where the entrepreneur has no influence;
f. for loose papers and magazines;
g. for audio and video recordings and computer software whereof the consumer has broken the seal.
h. for hygienic products whereof the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning lodging, transport, restaurant sector or leisure activities to be carried out on a specific date or within a specific period of time;
b. whereof the delivery started before the reflection period passed, with explicit consent of the consumer;
c. concerning bets and lotteries.
ARTICLE 9 – THE PRICE
1. During the validity period that is mentioned in the offer, the prices of the offered products and/or services will not be increased, except for changes in the prices as a consequence of changes in the VAT rates.
2. In deviation to the previous section the entrepreneur will be able to offer variable prices on products or services whereof the prices are tied to fluctuations on the financial markets where the entrepreneur has no influence over. This bondage to fluctuations and the fact that any mentioned prices are guide prices are mentioned in the offer.
3.Increases in the price within the first three months after the conclusion of the agreement are only allowed if they are the consequence of legal regulations or provisions.
4. Increases in the price from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has contained these and:
a. these are the consequence of legal regulations or provisions; or
b. when the consumer has the authority to terminate the agreement starting on the day that the price increase will take effect.
5. The prices of products and services mentioned in the offer are including VAT.
6. Alle prices are subject to printing errors. For the consequences of printing errors no liability is accepted. In case of printing errors the entrepreneur is not required to delivery the product for the faulty price.
ARTICLE 10 – CONFORMITY AND GUARANTEE
1. The entrepreneur guarantees that the products and/or services are compliant with the agreement, specifics mentioned in the offer, meet the reasonable demands of soundness and/or useability and the date of conclusion of the agreement, existing provisions and/or government regulations. If agreed the entrepreneur also guarantees the product is suited for other than normal use.
2. A guarantee distributed by the entrepreneur, manufacturer, or importer does not diminish any or the legal rights and claims that the consumer can assert against the entrepreneur on the ground of the agreement.
3. Any shortage or wrongly delivered products are to be reported to the entrepreneur within two months of delivery. Return of the product is to take place in the original packaging and in unused condition.
4. The guarantee period of the entrepreneur is equal to the guarantee period of the manufacturer. The entrepreneur is never liable for the final suitedness of the products for each individual application by the consumer, nor for any advices regarding the use or application of the products..
5. The guarantee is not valid when:
• The consumer had repaired and/or changed the delivered products themselves or had third parties repair and/or change the products;
• The delivered products have been subjected to abnormal conditions or were uncarefully managed in any other way, or when the products were not managed in accordance with the instructions of the entrepreneur and/or packaging;
• The defect, in whole or in part, is the consequence of government regulations with reference to the nature of the quality of the applied materials.
ARTICLE 11 – DELIVERY AND EXECUTION
1.The entrepreneur will receive and execute the order of products, and assess requests for providing services, with the greatest possible care.
2. The place of delivery is the address that the consumer has made known to the company.
3. With respect to what is mentioned about this in section 4 of this article, the company will execute the accepted orders with due rapidity, but at least within 30 days, unless the consumer had agreed with a longer delivery period. If the delivery is subject to delay, or if the delivery cannot be executed, or can only be executed in part, the consumer will be notified within 30 days after they have placed they order. In this case the consumer has the right to a compensation.
4. All delivery periods are an indication. The consumer cannot derive any rights over the mentioned periods. Exceeding the delivery period will not entitle the consumer a compensation.
5. In case of dissolution in accordance with section 3 of this article, the entrepreneur will refund the amount as soon as possible, but at least within 14 days of the dissolution of the agreement.
6. If delivery of an order product will prove to be impossible, the entrepreneur will make an effort to make available a replacing item. By delivery at the latest will it be made known that a replacing item will be delivered. With replacing items the Right of Withdrawal cannot be excluded. The costs in case of return are for the account of the entrepreneur.
7. The risk of damaged and/or missing products lies with the entrepreneur until the moment of delivery to the consumer or until a predetermined representative, until explicitly agreed otherwise.
ARTICLE 12 – EXTENDED TRANSACTION; DURATION, CANCELLATION, AND RENEWAL
1. The consumer can cancel an agreement that has been concluded for an indefinite period of time and that extends to the regular delivery of products (electricity included) or services, at any time in consideration of the therefore agreed cancellation rules and with a notice period of at most one month.
2. The consumer can cancel an agreement that has been concluded for a definite period of time and that extends to the regular delivery of products (electricity included) or services, at any time near the end of the definite period with consideration of the therefore agreed cancellation rules and with a notice period of at most one month.
3. The consumer can the in the previous sectioned mentioned agreements:
• cancel at any time without being limited to a specific time of specific period;
• cancel in the same manner as they entered into the agreement;
• always cancel with the same notice period that the entrepreneur has contained for themselves.
4. An agreement that has been concluded for a definite period of time and that extends to the regular delivery of products (electricity concluded) or services, may not be tacitly renewed for a definite period of time.
4.In deviation of the previous section may an agreement that has been concluded for a definite period of time and that extend to the regular delivery of newspaper, weeklies, and magazines tacitly be renewed for a definite period of at most three months, if the consumer can cancel this renewed agreement near the end of the renewal with a notice period of at most one month.
5. An agreement that has been concluded for a definite period of time and that extends to the regular delivery of products or services, may only be tacitly renewed for an indefinite period of time when the consumer can cancel at any time with a notice period of at most one month, and at most 3 months in case the agreement extend to the regular, but less than once a month, delivery of newspapers, weeklies, and magazines.
6. An agreement with limited duration for the regular trial delivery of newspapers, weeklies, and magazines (trial subscription or introductory subscription) will not be tacitly continued and ends automatically after completion of the trial subscription or introductory subscription.
7. If an agreement has a duration of longer than a year the agreement, the consumer may cancel the agreement at any time with a notice period of at most one month, unless good fait resits against cancelation before the end of the agreed duration.
ARTICLE 13 – PAYMENT
1.Insofar not agreed upon differently, should payment of the amounts owed by the consumer be completed within 7 business days after the conclusion of the reflection period as meant in Article 6 section 1. In case of an agreement for the providing of services, this period commences after the consumer has received the confirmation of the agreement.
2. The consumer has the obligation to immediately report any inaccuracies in the provided or mentioned payment details to the entrepreneur.
3. In case of non-payment of the consumer the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs that were formerly made know to the consumer.
ARTICLE 14 – COMPLAINTS PROCEDURE
1. The entrepreneur has a sufficiently announced complaints procedure and will process complaints in accordance with this complaints procedure.
2. Complaints regarding the execution of the agreement shall be submitted to the entrepreneur, in full and clearly described, within two months. After the consumer has observed the shortcomings.
3. Complaints that are submitted to the consumer will be answered within 14 days from the date the complaint is received. If a complaints requires a foreseeable longer handling time, the complaint will be answered within the period of 14 days, with a message of receival and an indication when the consumer can expect a more elaborate response.
4. In case the complaint cannot be solved with mutual consultation a dispute is formed that is liable for the dispute settlement.
5. With complaints the consumer shall first apply to the entrepreneur. In case the webstore is affiliated with the Foundation WebwinkelKeur and with complaints that cannot be solved with mutual consultation, the consumer shall apply to the Foundation WebwinkelKeur (www.webwinkelkeur.nl), this foundation will mediate free of charge. Check if this webstore has an ongoing membership via https://www.webwinkelkeur.nl/ledenlijst/. In case this still has not led to a solution, the consumer has the option to let the independent dispute commission that is appointed by the Foundation WebwinkelKleur process their complaint, the decision of this commission is binding and both the entrepreneur and the consumer will agree with this binding decision. There are costs associated with presenting a dispute to this dispute commission and these costs will be for the account of the consumer who will pay these costs to the concerning commission. Furthermore it is possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur states otherwise in writing.
7.If the entrepreneur deems a complaint justified, the entrepreneur will choose to replace or repair the products free of charge.
ARTICLE 15 – DISPUTES
1. The agreements between the entrepreneur and the consumer that these terms and conditions are concerning will exclusively be governed by Dutch law. Also if the consumer is residing in a foreign country.
2. The Vienna Sales Convention is not applicable.
ARTICLE 16 – ADDITIONAL OR DEVATING PROVISIONS
Additional provisions, or provisions that are deviating from these terms and conditions may not be the expense of the consumer and shall be defined in writing or in such a way that they can be saved by the consumer on a durable medium in an accessible way.