terms and conditions
CONTENTS:
Article 1 - Definitions
Article 2 - The trader's identity
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - Prices
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Continuing performance contracts: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Supplementary provisions or different provisions
ARTICLE 1 - DEFINITIONS
In connection with these terms:
Ancillary contract: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the trader or a third party on the basis of an agreement between that third party and the trader;
Withdrawal period: the period during which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession, business or craft and enters into an agreement with the trader;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Continuing performance contract: an agreement relating to a series of products and/or services, whose supply and/or purchase obligations are spread over time;
Durable medium: any (aid or) means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information, including email;
Right of withdrawal: the consumer's option to withdraw from the distance contract within the withdrawal period;
Model form: the withdrawal form provided to the consumer by the trader, which the consumer can complete when they wish to exercise their right of withdrawal;
Trader: the natural or legal person who offers products and/or (access to) digital content and/or services to consumers remotely;
Distance contract: an agreement whereby, under a system organised by the trader for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication with the consumer;
Means of distance communication: means that can be used to conclude a distance contract without the consumer and the trader being present in the same room at the same time;
General terms and conditions: the current general terms and conditions of the trader.
ARTICLE 2 – TRADER'S IDENTITY
Agency JS Limited
Company number: 76627078
Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central, 999077
+31 970 065 46186
ARTICLE 3 - VALIDITY
These general terms and conditions apply to every offer made by the trader and to every distance contract and order entered into between the trader and the consumer.
Before this distance contract is concluded, the text of these terms and conditions is provided to the consumer. If this is not reasonably possible, the consumer will be notified before the distance contract is concluded that the general terms and conditions can be inspected at the trader’s premises, how they can be inspected, and that these general terms and conditions will be sent to the consumer free of charge as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph, before the distance contract is concluded, the text of these general terms and conditions may be provided to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, the consumer will be notified before the distance contract is concluded 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.
If, in addition to these general terms and conditions, specific product or service terms also apply, the second and third paragraphs shall apply by analogy. In the event of conflicting general terms and conditions, the consumer may at any time invoke the applicable provision that is most favorable to them.
If one or more provisions of these general terms and conditions are declared wholly or partially invalid or void at any time, these general terms and conditions shall otherwise remain in force, and the provision concerned shall be immediately replaced, in mutual consultation, with a provision that conforms as closely as possible to the original.
Situations not regulated in these general terms and conditions must be assessed in accordance with these general terms and conditions.
Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted in accordance with these terms and conditions.
ARTICLE 4 - THE OFFER
If an offer is valid for a limited period or is subject to conditions with suspensive or resolutory effect, or any other condition, this must be expressly stated in the offer.
The trader’s offer is non-binding. The trader has the right to amend and modify the offer.
The trader’s offer contains a description of the products and/or services offered, which must always be complete and accurate. The offer contains a sufficiently detailed description to enable the consumer to make a proper assessment of the offer. If the trader uses images that suggest they depict the product offered, these must be a true representation of the products and/or services offered. Obvious errors or mistakes in the offer shall not bind the trader.
Product images are a true representation of the products offered. However, the business cannot guarantee that the colors shown correspond exactly to the actual colors of the products.
Each offer contains information to the extent necessary for the consumer to understand the rights and obligations associated with accepting the offer. These include, in particular:
the price including taxes;
any shipping costs;
how the agreement will be concluded and which actions will be necessary for this purpose;
whether or not the fee for remote communications will be charged if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract will be archived after it has been concluded and, if so, how the consumer can access it;
the minimum duration of the distance contract in the case of a continuous performance contract.
exercise of the right of withdrawal;
the method of payment, delivery, and performance of the agreement.
ARTICLE 5 – THE AGREEMENT
Subject to the provisions of section 4, the agreement is concluded when the consumer accepts the offer and fulfills the conditions set.
If the consumer has accepted the offer electronically, the business must immediately confirm receipt of acceptance of the offer electronically. Until receipt of such acceptance has been confirmed by the business, the consumer may dissolve the contract.
If the agreement is entered into electronically, the business will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure online environment. If the consumer can pay electronically, the business will take appropriate security measures.
Within the limits of the law, the business may investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the business has valid grounds not to enter into the agreement, it has the right to refuse an order or request, giving reasons, or to attach special conditions to its implementation.
The business will provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, sent no later than upon delivery of the product or service or digital content:
the business’s visiting address that the consumer can use in the event of complaints;
the conditions and manner in which the consumer may exercise the right of withdrawal, or a clear indication that the right of withdrawal is excluded;
information about guarantees and existing after-sales service;
the price, including taxes, of the product, service, or digital content;
delivery costs, where applicable;
the method of payment, delivery, or performance of the distance contract;
the requirements for terminating the contract if the contract has a term of more than one year or is for an indefinite period;
where the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing performance contract, the provision in the preceding paragraph shall apply only to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
For the delivery of products:
When purchasing products, the consumer has the option to terminate the contract without stating reasons within a period of 30 days.
This withdrawal period shall begin on the day following receipt of the product by the consumer or a representative designated by the consumer and notified to the trader.
If:
the consumer has ordered several products in the same order, the withdrawal period begins on the day on which the consumer, or a third party designated by the consumer, received the last product. Provided that the trader has clearly informed the consumer before the ordering process, the trader may refuse an order for several products with different delivery times;
the delivery of a product consists of several shipments or parts, the withdrawal period begins on the day on which the consumer, or a third party designated by the consumer, received the last shipment or the last part;
the contract provides for regular delivery of products over a certain period, the withdrawal period begins on the day on which the consumer, or a third party designated by the consumer, received the first product.
With regard to services and digital content not supplied on a tangible medium:
Where a service contract or a contract for the supply of digital content not supplied on a tangible medium is concluded, the consumer may terminate the contract within a period of fourteen days without stating reasons. The fourteen-day period begins on the day following the conclusion of the contract.
Extended withdrawal period for products, services, and digital content not supplied on a tangible medium in the event of failure to provide information about the right of withdrawal:
If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period shall expire twelve months after the expiry of the original withdrawal period determined in accordance with the preceding paragraphs of this article.
If the trader has provided the consumer with the information mentioned in the previous paragraph within twelve months after the start date of the original withdrawal period, the withdrawal period shall expire 30 days after the day on which the consumer received such information.
During the reflection period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise the right of withdrawal, they shall return the product with all supplied 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 the right of withdrawal, they must notify the trader within 30 days of receiving the product. The consumer must notify the trader using the model form. After notifying the trader of their wish to exercise the right of withdrawal, the consumer must return the product within 30 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of dispatch.
ARTICLE 7 - COSTS OF EXERCISING THE RIGHT OF WITHDRAWAL
If the consumer exercises the right of withdrawal, they shall bear no more than the cost of returning the goods.
The trader will refund the purchase amount as soon as possible, but no later than 14 days after withdrawal, using the same method as that used by the consumer. Receipt of the returned goods by the seller or conclusive evidence of their complete return is required.
Any reduction in the value of the product caused by careless handling shall be borne by the consumer. This cannot be claimed if the trader has not provided all legally required information about the right of withdrawal. This must be done before the purchase agreement is concluded.
ARTICLE 8 - EXERCISE OF THE RIGHT OF WITHDRAWAL
The right of withdrawal may only be excluded if the trader has clearly stated this in the offer, that is, sufficiently in advance of entering into the agreement, and if it concerns one of the products listed in paragraphs 2 and 3.
Exclusion is only possible for the following products:
those produced by the trader according to specifications provided by the consumer;
which are clearly personal;
which may deteriorate or age rapidly;
the price is subject to fluctuations in the financial market over which the trader has no influence;
for loose 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 is only possible for the following services:
relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
the delivery has begun with the consumer's express consent before the withdrawal period has expired;
services relating to games and lotteries.
ARTICLE 9 - PRICE
During the validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the preceding paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. These fluctuations and the fact that all stated prices are target prices are mentioned in the offer.
A price increase within 3 months after conclusion of the contract is permitted only if it results from statutory or regulatory provisions.
A price increase from 3 months after conclusion of the agreement is permitted only if the trader has stipulated this and:
they result from statutory or regulatory provisions; or
the consumer has the right to terminate the contract from the day the price increase takes effect.
The prices stated in the offer for products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of a printing or setting error, the trader is not obliged to deliver the product at the incorrect price.
ARTICLE 10 – WARRANTY AND CONFORMITY
The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory and/or governmental provisions in force on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for uses other than normal use.
A warranty provided by the trader, manufacturer, or importer does not affect the consumer’s statutory rights and claims against the trader under the agreement. This is understood to mean any undertaking by the holder, their supplier, importer, or manufacturer whereby they grant the consumer certain rights or claims that go beyond those to which the consumer is legally entitled if they have not fulfilled their part of the contract.
Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks of delivery. The products must be returned in their original packaging and in new condition.
The warranty does not apply if:
The consumer has repaired and/or handled the delivered products themselves or had them repaired and/or handled by a third party;
The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the trader’s instructions and/or have been handled on the packaging;
The defect is wholly or partly the result of regulations imposed or to be imposed by the authorities regarding the nature or quality of the materials used.
ARTICLE 11 – DELIVERY AND PERFORMANCE
The trader will exercise all due care in receiving and fulfilling orders for products and in assessing applications for the provision of services.
The delivery location must be the address that the consumer has notified the company of.
Subject to the provisions of paragraph 4 of this article, the company shall 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 executed or can be executed only partially, the consumer shall be notified no later than 14 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer may not derive any rights from any of these periods. Exceeding a period does not entitle the consumer to any compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the business shall refund the amount paid by the consumer as soon as possible and no later than 30 days after dissolution.
If delivery of an ordered product proves impossible, the business will make every effort to provide a replacement item. It must be clearly and comprehensibly stated that a replacement item will be provided at the latest upon delivery. The right of withdrawal may not be excluded for replacement items. The costs of any return shipment shall be borne by the business.
The risk of damage to and/or loss of the products is borne by the business until the time of delivery to the consumer or a representative previously designated and announced by the consumer, unless expressly agreed otherwise.
ARTICLE 12 - CONTINUATION OF PERFORMANCE CONTRACTS: DURATION, TERMINATION AND RENEWAL
Termination
The consumer may cancel an agreement concluded for an indefinite period, covering the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination provisions and a notice period of no more than one month.
The consumer may cancel an agreement concluded for a specified period, covering the regular delivery of products (including electricity) or services, at any time before the end of the specified period, subject to the agreed termination provisions and a notice period of no more than one month.
With regard to the agreements referred to in the preceding paragraph, the consumer may:
terminate them at any time and not be limited to termination at a specific time or during a specific period;
at least give notice of termination in the same manner in which they entered into them;
always terminate with the same notice period as the one the business has stipulated for itself.
Renewal
An agreement concluded for a specified period for the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a specified period.
Unlike the previous paragraph, a fixed-term contract concluded for the regular delivery of daily and weekly magazines, newspapers, and periodicals may be tacitly renewed for a specified period of up to three months, provided that the consumer may terminate the renewed agreement before the end of the renewal period with a notice period of no more than one month.
A fixed-term agreement concluded for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement is for the regular, but less than monthly, delivery of daily and weekly magazines, newspapers and periodicals.
A fixed-term agreement for the regular delivery of daily and weekly magazines, newspapers and periodicals (trial or introductory subscription) will not be tacitly extended and will end automatically at the end of the trial or introductory period.
Duration
If an agreement has a term of more than one year, the consumer may terminate the contract at any time with a notice period of no more than one month, unless termination before the end of the agreed term is contrary to reasonableness and fairness.
ARTICLE 13 - PAYMENT
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 business days after the start of the cooling-off period referred to in Article 6(1). In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to report any inaccuracies in the payment details provided or communicated to the business without delay.
In the event of non-payment by the consumer, the business has the right, subject to statutory limitations, to charge the consumer all costs reasonably incurred in advance.
ARTICLE 14 - COMPLAINTS PROCEDURE
The business must ensure a sufficiently publicized complaints procedure and handle the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the business within a reasonable time after the consumer has discovered the defects, with a complete and clear description.
Complaints submitted to the business will be answered within 14 days of the date of receipt. If a complaint is expected to require longer processing, the business will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
ARTICLE 15 - DISPUTES
Agreements between the business and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
ARTICLE 16 - ADDITIONAL OR DEVIATING PROVISIONS
Additional provisions or provisions that deviate from these general terms and conditions may not be detrimental to the consumer and must be set out in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.
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