General Terms and Conditions
Table of Contents:
- Article 1 – Definitions
- Article 2 – Identity
- Article 3 – Applicability
- Article 4 – The Offer
- Article 5 – The Agreement
- Article 6 – Right of Withdrawal
- Article 7 – Costs in Case of Withdrawal
- Article 8 – Price
- Article 9 – Conformity and Warranty
- Article 10 – Delivery and Performance
- Article 11 – Duration Transactions: Duration, Cancellation, and Extension
- Article 12 – Payment
- Article 13 – Complaints Procedure
- Article 14 – Disputes
- Article 15 – Additional or Deviating Provisions
Article 1 – Definitions In these terms and conditions, the following definitions apply:
- Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
- Consumer: A natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
- Day: Calendar day.
- Duration transaction: A distance contract concerning a series of products and/or services, where the supply and/or acceptance obligations are spread over time.
- Durable medium: Any means that enables the consumer or entrepreneur to store information addressed to them in a way that allows for future consultation and unchanged reproduction of the stored information.
- Right of withdrawal: The possibility for the consumer to cancel the distance contract within the cooling-off period.
- Model withdrawal form: The standard withdrawal form provided by the entrepreneur, which the consumer can fill in to exercise their right of withdrawal.
- Entrepreneur: A natural or legal person who offers products and/or services at a distance to consumers.
- Distance contract: A contract in which, as part of a system organized by the entrepreneur for distance selling of products and/or services, communication techniques are used exclusively up to the conclusion of the contract.
- Distance communication technique: A means that can be used to conclude a contract without the consumer and entrepreneur being physically present together.
- General Terms and Conditions: The present general terms and conditions of the entrepreneur.
Article 2 – Identity
- Name: Joen Krouwel
- Postal address: Kroostweg 1A, 3704EA, Zeist
- Chamber of Commerce number: 85268569
- VAT number: NL004072459B71
- Email address: info@jikc.nl
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order concluded between the entrepreneur and the 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, it will be stated that the general terms and conditions can be viewed with the entrepreneur, and they will be sent to the consumer as soon as possible upon request and free of charge.
- If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically, in such a way that it can easily be stored on a durable medium by the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the consumer can view the general terms and conditions electronically, and that they will be sent to the consumer electronically or in another way free of charge upon request.
- In case specific product or service terms and conditions also apply, the second and third sections of this article apply accordingly, and the consumer may rely on the applicable provision that is most favorable to them in case of conflicting general terms and conditions.
- If one or more provisions in these general terms and conditions are at any time fully or partially null and void or are annulled, the agreement and these terms and conditions will remain in force for the remainder, and the relevant provision will be replaced as soon as possible in mutual consultation by a provision that closely resembles the original in purpose.
- Situations not covered by these general terms and conditions will be assessed in accordance with the spirit of these terms and conditions.
- Ambiguities regarding the explanation or content of one or more provisions of our terms and conditions should be explained in accordance with the spirit of these general terms and conditions.
Article 4 – The Offer
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If an offer has a limited validity period or is made under specific conditions, this will be explicitly stated in the offer.
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The offer is non-binding. The entrepreneur has the right to amend or adjust the offer.
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The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
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All images, specifications, and data in the offer are indicative and cannot be a reason for claims or contract termination.
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Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
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Every offer contains such information that makes it clear to the consumer what rights and obligations are connected to the acceptance of the offer, specifically:
- The price, including taxes;
- Any shipping costs.
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All photos and designs of clothing on our website are protected by copyright. Copying, reproducing, or distributing these materials without our permission is prohibited.
Article 5 – The Agreement
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The agreement is concluded, subject to the provisions of section 4, at the moment the consumer accepts the offer and complies with the conditions set out therein.
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If the consumer has accepted the offer electronically, the entrepreneur will confirm the receipt of the acceptance of the offer electronically without delay. Until the entrepreneur has confirmed the receipt of the acceptance, the consumer can dissolve the agreement.
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If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
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The entrepreneur can, within legal frameworks, check whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has reasonable grounds to believe that the agreement should not be concluded, they are entitled to refuse an order or request, or impose specific conditions on its performance.
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Upon the delivery of the product or service, the entrepreneur will provide the following information to the consumer in writing or in such a way that it can be stored by the consumer in a durable medium: a. The visiting address of the entrepreneur's establishment where the consumer can address complaints; b. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification of the exclusion of the right of withdrawal; c. Information on warranties and existing after-sales service; d. The price, including all taxes of the product, where applicable, the delivery costs, and the manner of payment, delivery, or performance of the distance agreement.
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In case of a duration transaction, the provision in the previous section applies only to the first delivery.
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Every agreement is concluded under the suspensive condition of the sufficient availability of the relevant products.
Article 6 – Right of Withdrawal For the delivery of products:
- When purchasing products, the consumer has the option to cancel the agreement without stating a reason within 14 days. This cooling-off period starts the day after the consumer or a representative designated by the consumer receives the product.
- During the cooling-off period, the consumer will handle the product and packaging with care. The product will only be unpacked or used to the extent necessary to assess whether they want to keep the product. If the consumer exercises their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof that the items were returned on time, for example, through proof of shipping.
- If the consumer has not notified the entrepreneur within the periods mentioned in sections 1 and 3 or has not returned the product, the purchase is final.
Article 7 – Costs in Case of Withdrawal
- If the consumer exercises their right of withdrawal, the maximum cost of returning the product will be borne by them.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has been received back or proof of complete return can be provided.
- In case of damage to the product due to the consumer’s careless handling, the consumer will be liable for any loss of value of the product.
Article 8 – Price
- During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
- Notwithstanding the previous section, the entrepreneur can offer products or services with prices that are tied to fluctuations in the financial market and that the entrepreneur cannot influence. Such fluctuation dependency and the fact that prices are indicative will be stated in the offer.
- Price increases within 3 months after the agreement is concluded are only allowed if they result from legal regulations or provisions.
- Price increases after 3 months from the conclusion
