TERMS & CONDITIONS
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of right of withdrawal
Article 9 – The price
Article 10 – Conformity and guarantee
Article 11 – Delivery and execution
Article 12 – Payment
Article 13 – Procedure of complaints
Article 14 – Disputes
Article 15 – Additional or deviating provisions
ARTICLE 1 – Definitions
In these conditions the following is meant by;
1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Digital content: data produced and delivered in digital form;
5. Transaction duration: a distance contract relating to a series of products and / or services, of which the supply and / or purchase obligation is spread over time;
6. Durable data carrier: every device – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him in person in a way that future consultation or use during a period that is geared to the goal. for which the information is intended, and which allows unaltered reproduction of the stored information;
7. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
8. Model form: the return form that the entrepreneur provides that a consumer can fill in when he/she wants to make use of his/her right of withdrawal.
9. Entrepreneur: the natural or legal person that offers products, (access to) digital content and / or services to consumers at a distance;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, whereby up to and including the conclusion of the agreement exclusively or partly used becomes one or more techniques for distance communication;
11. Model form for withdrawal: the European model form for withdrawal included in Appendix I of these conditions. Annex I does not have to be made available if the consumer does not have a right of withdrawal in respect of his order;
12. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same room at the same time;
13. Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
ARTICLE 2- Identity of the entrepreneur
Company name: Jacqi
Location: Jan Hanzenstraat 30-3 1053 SR Amsterdam *
Phone number: +31 (0)20 – 7522377
Chamber of Commerce: 70678901
VAT number: NL196139417B01
* Orders returned to this address will not be processed.
ARTICLE 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and consumer.
2. 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, it will be indicated that the general terms and conditions can be requested at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be observed electronically and that they will be sent free of charge at the request of the consumer by electronic means or otherwise.
4. 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.
5. If one or more provisions in these general terms and conditions at any time are wholly or partially void or destroyed, then the agreement and these conditions remain intact and the stipulation in question will be replaced by a provision that approaches the scope of the original terms and conditions 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. Lack of clarity about the explanation or content of one or more provisions of our conditions, should be explained ‘in the spirit’ of these general conditions.
ARTICLE 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. Jacqi is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If Jacqi uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications and information in the offer are indicative and can not lead to compensation or dissolution of the agreement.
5. Images with products are a true reflection of the products offered. Jacqi can not guarantee that the displayed colors match exactly the real colors of the products.
6. 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 shipping;
– the way in which the contract will be concluded and which actions are necessary for this;
– whether or not the right of withdrawal applies;
– the method of payment, delivery and execution of the agreement;
– the period for accepting the offer or the period within which Jacqi guarantees the price;
ARTICLE 5 – The agreement
1. The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance is not confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can – within legal frameworks – inform 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 the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request.
5. With the product or service the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the business location of the trader where the consumer can go with complaints;
b. 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;
c. the information about guarantees and existing service after purchase;
d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
7. Each 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 consumer has the option to dissolve the agreement without giving any reason for 14 days. This cooling-off period starts on the day of receipt of the product by the consumer or someone pre-designated by the consumer and made known to Jacqi.
2. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that it is necessary to assess whether he wishes to keep the product.
3. If the consumer makes use of his right of withdrawal, the product will be returned with all accessories and – if reasonably possible – in the original condition and packaging to Jacqi, in accordance with the reasonable and clear instructions provided Jacqi.
4. When the consumer wishes to make use of his right of withdrawal he is obliged to make this known to Jacqi within 14 days after receipt of the product. The consumer must make this known by means of the model form that can be found on the website. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment.
5. If the customer has not made it known that he wishes to make use of his right of withdrawal or withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3 and thereby the product has not been returned to Jacqi, the purchase is a fact.
ARTICLE 7 – Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, the costs of returning the goods are for the consumer.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after cancellation. However, the condition is that the product has already been received back by the entrepreneur. Repayment will be made via the same payment method used by the consumer unless the consumer explicitly authorizes another payment method.
3. In case the consumer has chosen for a more expensive way of ordering the product then the standard shipping method within the Netherlands, Jacqi does not have to pay the difference for the more expensive method.
4. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any loss of value of the product.
5. The consumer can not be held liable for the value reduction of the product if the entrepreneur does not provide all legally required information about the right of withdrawal, this should be done before the conclusion of the purchase agreement.
ARTICLE 8- Exclusion right of withdrawal
1. Jacqi can exclude the consumer’s right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if Jacqi has clearly stated this in the offer, prior to the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the specifications of the consumer;
b. that are clearly personal in nature;
c. which can not be returned due to their nature;
d. which have been worn;
e. that contain make-up spots;
f. the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
g. for hygienic products of which the consumer has broken the seal.
ARTICLE 9 – The price
1. During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and whereupon the entrepreneur has no influence on. The link to fluctuations and the fact that any mentioned prices are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or stipulations; or
b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
ARTICLE 10 – Conformity and Warranty
- Jacqi warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement / or government regulations.
- A guarantee provided by Jacqi does not affect the legal rights and claims that the consumer can assert against Jacqi under the contract.
- Any defects or incorrectly delivered products must be reported to Jacqi in writing within 2 weeks after delivery. Return of the products must be in the original packaging and in new condition. No exceptions are made to this as each product undergoes a quality check by the manufacturer and by Jacqi.
- The guarantee does not apply if:
- The consumer has repaired the delivered products himself and / or processed or has third parties repaired and / or processed;
- The delivered products are exposed to abnormal conditions or otherwise careless handling or are treated contrary to the instructions of Jacqi;
- The inadequacy wholly or partially is the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.
ARTICLE 11 – Delivery and execution
1. Jacqi will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to Jacqi.
3. With due observance of what has been stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to compensation.
4. All delivery terms are indicative. The consumer can not derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after termination.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are at the expense of the consumer.
7. 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 the entrepreneur announced representative, unless expressly agreed otherwise.
ARTICLE 12 – Payment
1. The amounts due by the consumer must be prepaid by the consumer through one of the online payment methods offered.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
4. Jacqi offers a payment environment on its website that is protected by common security software. Although Jacqi takes great care in maintaining its website and / or payment environment, Jacqi is not liable for any damage resulting from skimming, identity fraud and / or theft of other data.
5. Jacqi has the right, if the full claim is not paid for delivery of the product, to charge the consumer extrajudicial collection costs.
6. The compensation for the collection costs are calculated in accordance with the AMvB as stated in article 96 of book 6, but amounts to a minimum of € 75 per consumer, per claimable claim.
ARTICLE 13 – Regulation of complaint
1. Jacqi has a publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
5. In case of complaints, a consumer must first turn to the entrepreneur. The consumer has the possibility to have his complaint dealt with by an independent disputes committee. There are costs associated with submitting a dispute to the disputes committee that must be paid by the consumer to the relevant committee. 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 the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the products at its option or the delivered products free of charge.
ARTICLE 14 – Disputes
1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. Even if the consumer lives abroad.
2. In the event of a dispute between Jacqi and the consumer, only the court in Amsterdam is competent to take cognizance of the dispute.
3. The Vienna Sales Convention does not apply.
ARTICLE 15 – Additional or deviating provisions
These conditions apply to all quotations made by Jacqi between entrepreneur and consumer. Any conditions used by the consumer himself will be expressly declared inapplicable, unless otherwise agreed in writing.