Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
Consumer: a natural person not acting in the exercise of a profession or business and entering into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract that extends to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a given period of time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to him in a way that future consultation and unaltered reproduction of the stored information is possible.
Right of withdrawal: the possibility for the consumer to revoke the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance sales of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
distance communication technique: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time.
General terms and conditions: these general terms and conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Company name: J.W. Ecom B.V.
Organization number: 89992210
VAT number: NL865177028B01
Registered office: De Nieuwe Erven 3, Unit 11326, 5431 NV Cuijk
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between entrepreneur and 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, before the distance contract is concluded,
that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, notwithstanding the previous paragraph, be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium before the distance contract is concluded. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.
If one or more provisions in these terms and conditions are at any time wholly or partially invalid or void, the agreement and these terms and conditions will otherwise remain in force and the relevant provision will be replaced without delay by mutual agreement that approximates the meaning of the original provision as closely as possible.
Situations not covered by these terms and conditions must be assessed “in the spirit” of these terms and conditions.
Any lack of clarity regarding the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted “in the spirit” of these General Terms and Conditions.
Article 4 - The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is not binding. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer a proper assessment of the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All pictures, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
The images accompanying the products are a true representation of the products offered. The operator 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 accepting the offer. This concerns in particular:
the price, excluding customs clearance fees and import sales tax. These additional costs are at the expense and risk of the customer. The postal and/or courier service applies the special regulation for postal and courier services when importing. This regulation applies if the goods are imported into the country of destination in the EU, which is the case here. The postal and/or courier service collects the value added tax (also together with the customs clearance fees) from the recipient of the goods;
any shipping costs;
the way in which the agreement is concluded and what measures are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the level of the distance communication tariff, if the costs of using the means of distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
whether the agreement will be archived after it has been concluded and, if so, how the consumer can access it;
the way in which the consumer, prior to concluding the contract, can check and, if necessary, correct the data provided by him under the contract;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the behavioral codes to which the trader has submitted and the way in which the consumer can consult these behavioral codes by electronic means; and
the minimum duration of the distance contract in the event of an extended duration transaction. Optional: available sizes, colors, material types.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the contract comes about at the moment when the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer electronically
As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to protect 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, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this examination, the entrepreneur has good reasons not to enter into the contract, he is entitled to refuse an order or request or to attach special conditions to the implementation, stating reasons.
The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
In the event of an extended transaction, the stipulation of the previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without stating reasons for a period of 30 days. This cooling-off period starts on the day following receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to the
trader, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise their right of withdrawal, they must notify the trader of this within 30 days of receipt of the product. The consumer must do this in the form of a written message/e-mail. After the consumer has stated that they wish to exercise their right of withdrawal, they must return the product within 30 days. The consumer must prove that the delivered goods were returned on time, for example by means of a proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not expressed his wish to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the product shall be borne by the consumer.
If the consumer has paid a sum of money, the trader shall refund this as quickly as possible, though at the latest within 14 days following the withdrawal. This is subject to the product already having been returned to the trader, or conclusive proof of complete return shipment having been furnished.
Article 8 - Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, at least in good time prior to the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
The exclusion of the right of withdrawal is only possible for services:
3. for bets and lotteries.
Article 9 - The price
During the validity period given in the offer, the prices of the products and/or services being offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This link to the fluctuations and the fact that the prices quoted are indicative will be stated in the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they arise from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated them and:
According to Section 5(1) of the Turnover Tax Act 1968, the place of supply is deemed to be in the country where carriage begins. In the present case, this supply takes place outside the EU. Subsequently, the postal or courier service will collect the import VAT or clearance charges from the customer. Consequently, no VAT is charged by the entrepreneur.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the goods at the wrong price.
Article 10 - Conformity and warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of usability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for any other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.
Defective or incorrectly delivered products should be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products
for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products himself or has them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
The defectiveness is wholly or partly the result of regulations that have been or will be imposed by the government regarding the nature or quality of the materials used.
Article 11 - Delivery and execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has provided to the company.
Subject to the provisions of Article 4 of these General Terms and Conditions, the company will execute accepted orders as quickly as possible but no later than within 14 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be filled or can only be partially filled, the consumer will be informed of this no later than 14 days after the order was placed. In this case, the consumer has the right to dissolve the contract at no cost and has a right to possible compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to supply a replacement product. At the latest upon delivery, clear and comprehensible notification will be provided that a replacement product is being delivered. The right of withdrawal cannot be excluded for replacement products. The costs of returning the product are at the expense of 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 pre-designated and entrepreneur-known representative, unless otherwise expressly agreed.
Article 12 - Duration transactions: duration, termination and renewal
Termination
The consumer can an open-ended contract that has been concluded for the regular delivery of products (including electricity) or services,
at all times with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement with a fixed term and that was concluded for the regular delivery of products (including electricity) or services at all times at the end of the term with due observance of the agreed termination rules and a notice period of no more than one month.
The consumer can change the agreements mentioned in the previous paragraphs:
at any time and not be limited to a specific date or period;
at least terminate them in the same way as they were concluded by him;
always terminate with the same notice period that the entrepreneur has stipulated for himself.
Extension
A contract concluded for a definite period which extends to the regular delivery of goods (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Notwithstanding the previous paragraph, a contract for a definite period that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months if the consumer can terminate this extended contract at the end of the extension with a notice period of no more than one month.
A contract with a fixed term that was concluded for the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer may terminate the contract at any time with a notice period of no more than one month and a notice period of no more than three months if the contract is related to the regular, but less than once a month, delivery of daily or weekly newspapers and magazines .
A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines as part of a trial subscription (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless termination before the end of the agreed term is inadmissible for reasons of reasonableness and fairness.
Article 13 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within seven working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the event of an agreement to provide a service, this period shall commence after the consumer has received confirmation of the agreement.
The consumer has the duty to report inaccuracies in the payment data provided or mentioned to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs communicated in advance.
Article 14 - Complaints procedure
Complaints about the performance of the contract must be submitted to the entrepreneur within 7 days, after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the 30-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution.
A complaint does not suspend the operator's obligations, unless the operator indicates otherwise in writing.
If a complaint is found to be justified by the operator, the operator will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are subject only to US law. Even if the consumer lives abroad.