Judy's Terms and Conditions


Table of Contents:


Article 1 – Definitions

Article 2 - Identity of the business

Article 3 - Applicability

Article 4 – The Offer

Article  5 - The Agreement

Article 6 - Right of withdrawal

Article 7 - Costs in the event of withdrawal

Article 8 – Exclusion of the right of withdrawal

Article 9 - Price

Article 10 - Conformity and warranty

Article 11 – Delivery and performance

Article 12 - Ongoing transactions: duration, termination and renewal

Article 13 - Payment

Article 14 – Complaints procedure

Article 15 - Disputes

Article 16 - Additional or different provisions

 

Article 1 - Definitions


For the purposes of these terms and conditions:

 

  1. Withdrawal period: the period during which the consumer may exercise the right of withdrawal;
  2. Consumer: a natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader;
  3. Day: calendar day;
  4. Continuous contract: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
  5. Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and the unchanged reproduction of the stored information.
  6. Right of withdrawal: the consumer’s option to withdraw from the distance contract during the cooling-off period;
  7. Model withdrawal form: the model withdrawal form provided by the business, which a consumer can fill in if they wish to exercise their right of withdrawal.
  8. Business: the natural person or legal entity that offers products and/or services to consumers at a distance;
  9. Distance contract: an agreement concluded as part of a system for the distance sale of products and/or services organised by the trader, where, up to and including the conclusion of the agreement, one or more means of distance communication are used exclusively;
  10. Means of distance communication: a means that can be used to conclude an agreement without the consumer and trader being together in the same place at the same time.
  11. Terms and Conditions: these Terms and Conditions of the business.

 

Article 2 - Identity of the business


Business name: [Judith van Luinen] (registered legal name, optionally supplemented by trading name)Business address:

Visiting address: [Kerkstraat 24] (if different from the registered business address)

Telephone number: [023-5730059] (and the time(s) when the business can be reached by phone)]:

Email address: [info@judys.nl]

Chamber of Commerce number: [58574050]

VAT identification number: [ NL002061873B92]

 

Article 3 – Applicability


  1. These Terms and Conditions apply to every offer made by the business and to every distance contract and order concluded between the business and the consumer.
  2. Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded the consumer will be informed that the Terms and Conditions can be inspected at the business’s premises and will be sent free of charge as soon as possible at the consumer’s request.
  3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these Terms and Conditions may be made available to the consumer electronically in such a way that the consumer can easily save it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the Terms and Conditions can be viewed electronically and that they will be sent free of charge, electronically or otherwise, at the consumer’s request.
  4. If specific product or service terms and conditions also apply in addition to these Terms and Conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions the consumer may always rely on the applicable provision that is most favourable to them.
  5. If one or more provisions of these terms and conditions are wholly or partly void or are annulled at any time, the agreement and these terms and conditions shall otherwise remain in force. The provision concerned shall be replaced without delay by mutual agreement with a provision that reflects the intent of the original as closely as possible.
  6. Any situations not covered by these terms and conditions shall be assessed in the spirit of these terms and conditions.
  7. Any uncertainty about the interpretation or content of one or more provisions of these terms and conditions shall be interpreted in the spirit of these terms and conditions.

 

Article 4 - The offer


  1. If an offer is valid for a limited period or subject to conditions, this will be expressly stated in the offer.
  2. The offer is non-binding. The business may amend or modify the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to properly assess the offer. If the business uses images, they accurately represent the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the business.
  4. All images, specifications and information in the offer are indicative and cannot give rise to compensation or cancellation of the agreement.
  5. Product images are a true representation of the products offered. The business cannot guarantee that the colours shown exactly match the actual colours of the products.
  6. Each offer must provide sufficient information for the consumer to clearly understand the rights and obligations associated with accepting it. This applies in particular to:
  • the price including taxes;
  • any shipping costs;
  • how the agreement will be concluded and what steps are required to do so;
  • 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 during which the business guarantees the price;
  • the rate charged for distance communication if the cost of using the distance communication technology is calculated on a basis other than the standard basic rate for the communication method used;
  • whether the contract will be archived after it has been concluded and, if so, how the consumer can access it;
  • how the consumer can review and, if desired, correct the information they have provided in connection with the agreement before entering into it;
  • any other languages in which, in addition to Dutch, the contract may be concluded;
  • the codes of conduct to which the business is bound and how the consumer can consult these codes electronically; and
  • the minimum term of the distance contract in the case of an ongoing transaction.
  • Optional: available sizes, colours, types of materials.

 

Article 5 - The agreement


  1. Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and meets the conditions set out for it.
  2. If the consumer has accepted the offer electronically, the business will promptly confirm receipt of the acceptance electronically. The consumer may terminate the agreement until the business has confirmed receipt of this acceptance.
  3. If the agreement is concluded electronically, the business will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure online environment. If the consumer can pay electronically, the business will observe appropriate security measures.
  4. Within the limits of the law, the business may verify whether the consumer can meet their payment obligations, as well as review any facts and factors relevant to responsibly entering into the distance agreement. If this investigation gives the business good reason not to enter into the agreement, it may refuse an order or request with reasons, or attach special conditions to its performance.
  5. The business will provide the consumer with the following information with the product or service, in writing or in a format that allows the consumer to easily save it on a durable medium:

a. the business's establishment address where the consumer can submit complaints;

b. the conditions and procedure for exercising the consumer's right of withdrawal, or a clear statement that the right of withdrawal is excluded;

c. information about warranties and existing after-sales service;

d. the information referred to in Article 4 paragraph 3 of these terms and conditions, unless the business has already provided it to the consumer before the agreement is performed;

e. the requirements for terminating the agreement if it has a term of more than one year or is of indefinite duration.

  1. In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
  2. Every agreement is entered into subject to the condition that the relevant products are sufficiently available.

 

Article 6 – Right of Withdrawal


For delivery of products:

  1. When purchasing products, consumers have the right to cancel the agreement within 14 days without giving a reason. The cooling-off period starts on the day after the consumer, or a representative designated in advance by the consumer and notified to the business, receives the product.
  2. During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they shall return the product to the trader, with all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
  3. If the consumer wishes to exercise the right of withdrawal, they must notify the business within 14 days of receiving the product. The consumer must notify the business using the model withdrawal form. After notifying the business that they wish to exercise the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods were returned on time, for example by providing proof of postage.
  4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not notified us that they wish to exercise their right of withdrawal or has not returned the product to the trader, the sale is final.

For the provision of services:

  1. For services, the consumer may cancel the agreement without giving a reason for at least 14 days, starting on the day the agreement is entered into.
  2. To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the business with the offer and/or, at the latest, upon delivery.

 

Article 7 - Costs in the event of withdrawal


  1. If the consumer exercises the right of withdrawal, the consumer is responsible for no more than the cost of returning the goods.
  2. If the consumer has paid an amount, the business will refund it as soon as possible, and no later than 14 days after withdrawal. The product must first have been received back by the online retailer, or conclusive proof of its complete return must be provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.
  3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any resulting reduction in the product’s value.
  4. The consumer cannot be held liable for any reduction in the product’s value if the trader has not provided all legally required information about the right of withdrawal before the purchase agreement was concluded.

 

Article 8 – Exclusion of the right of withdrawal


  1. The business may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the business has clearly stated this in the offer, or at least in good time before the agreement is concluded.
  2. The right of withdrawal may be excluded only for products:

a. which have been made by the business to the consumer's specifications;

b. that are clearly personal in nature;

c. which by their nature cannot be returned;

d. that can spoil or become outdated quickly;

e. whose price is subject to fluctuations on the financial market over which the business has no control;

f. newspapers and magazines sold individually;

g. audio and video recordings and computer software whose seal has been broken by the consumer.

h. for hygiene products whose seal has been broken by the consumer.

  1. The right of withdrawal may only be excluded for services:

a. accommodation, transport, restaurant services or leisure activities to be provided on a specific date or during a specific period;

b. delivery of which has begun, with the consumer’s express consent, before the cooling-off period has expired;

c. betting and lotteries.

 

Article 9 – Prices


  1. Prices for the products and/or services offered will not be increased during the validity period stated in the offer, except for price changes resulting from changes in VAT rates.
  2. By way of exception to the preceding paragraph, the business may offer products or services at variable prices if their prices are subject to fluctuations on the financial market over which the business has no control. This exposure to fluctuations and the fact that any prices stated are indicative will be mentioned in the offer.
  3. Price increases within 3 months of entering into the agreement are only permitted if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the agreement is concluded are only permitted if the business has stipulated this and:

a. they result from statutory regulations or provisions; or

b. the consumer is entitled to terminate the agreement effective from the date the price increase takes effect.

  1. The prices quoted in the offer for products or services include VAT.
  2. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing or typographical errors. In the event of printing or typographical errors, the business is not obliged to supply the product at the incorrect price.

 

Article 10 – Conformity and Warranty


  1. The business guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of quality and/or usability, and the laws and/or government regulations in force on the date the contract is concluded. If agreed, the business also guarantees that the product is suitable for uses other than normal use.
  2. A guarantee provided by the trader, manufacturer or importer does not affect the consumer’s statutory rights and claims against the trader under the agreement.
  3. Any defects or incorrectly delivered products must be reported to the business in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
  4. The business’s warranty period is the same as the manufacturer’s warranty period. However, the business is never responsible for the suitability of the products for any individual use by the consumer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
  6. The consumer has repaired and/or modified the products supplied, or has had them repaired and/or modified by third parties;
  7. The products supplied have been exposed to abnormal conditions, handled carelessly, or used contrary to the business's instructions and/or the instructions on the packaging;
  8. The defect is wholly or partly attributable to regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

 

 Article 11 - Delivery and Performance


  1. The business will exercise the utmost care when receiving and processing product orders and when assessing requests for services.
  2. The delivery address shall be the address provided by the consumer to the business.
  3. Subject to paragraph 4 of this article, the business will fulfil accepted orders as promptly as possible and no later than within 3 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be fulfilled in part, the consumer will be notified no later than 3 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any stated time limits. Exceeding a time limit does not entitle the consumer to compensation.
  5. If the agreement is cancelled in accordance with paragraph 3 of this article, the business will refund the amount paid by the consumer as soon as possible, and no later than 14 days after cancellation.
  6. If it turns out that a product ordered cannot be delivered, the business will make every effort to provide a replacement item. No later than at delivery, the customer will be clearly and comprehensibly informed that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. Any return shipping costs will be borne by the business.
  7. The business bears the risk of damage to and/or loss of products until they are delivered to the consumer or a representative designated in advance by the consumer and notified to the business, unless expressly agreed otherwise.

 

Article 12 - Ongoing transactions: duration, termination and renewal

Termination


  1. The consumer may terminate an agreement entered into for an indefinite period and covering the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
  2. The consumer may cancel a contract entered into for a fixed term that provides for the regular delivery of products (including electricity) or services at any time, effective at the end of the fixed term, subject to the agreed cancellation rules and a notice period of no more than one month.
  3. The consumer may cancel the contracts referred to in the preceding paragraphs:
  • cancel at any time and not be restricted to cancellation at a specific time or during a specific period;
  • give notice of termination at least in the same manner as that in which they entered into the agreement;
  • always give notice of cancellation using the same notice period as the business has stipulated for itself.

Renewal


  1. An agreement entered into for a fixed term that provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
  2. Notwithstanding the previous paragraph, an agreement entered into for a fixed term for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months, provided the consumer can cancel the renewed agreement at the end of the renewal period with no more than one month’s notice.
  3. An agreement entered into for a fixed term to supply products or services on a regular basis may only be tacitly renewed for an indefinite term if the consumer may cancel 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 delivery of daily, news and weekly newspapers and magazines less than once a month.
  4. An agreement for a limited term to supply daily, news and weekly newspapers and magazines on a regular basis for introductory purposes (trial or introductory subscription) will not be tacitly renewed and will automatically end when the trial or introductory period expires.

Duration


  1. If an agreement runs for more than one year, the consumer may terminate it at any time after the first year, subject to a notice period of no more than one month, unless reasonableness and fairness require the agreement to continue until the end of the agreed term.

 

Article 13 - Payment


  1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6, paragraph 1 begins. For an agreement to provide a service, this period starts once the consumer has received confirmation of the agreement.
  2. The consumer must promptly notify the trader of any inaccuracies in the payment details provided or stated.
  3. In the event of the consumer’s failure to pay, the business is entitled, subject to statutory limitations, to charge the reasonable costs disclosed to the consumer in advance.

 

Article 14 – Complaints procedure


  1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with that procedure.
  2. Complaints about the performance of the agreement must be submitted to the trader within 7 days of the consumer discovering the defects, with a full and clear description.
  3. The business will respond to complaints submitted to it within 14 days of receipt. If a complaint requires a longer processing time, the business will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that may be referred to the dispute resolution procedure.
  5. In the event of a complaint, consumers should first contact the business. Complaints may also be submitted via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the business's obligations unless the business states otherwise in writing.
  7. If the business finds a complaint to be justified, it will, at its discretion, replace or repair the products supplied free of charge.

 

Article 15 - Disputes


  1. Contracts between the business and the consumer to which these Terms and Conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
  2. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

 

Article 16 - Additional or different provisions



Additional provisions or provisions that differ from these terms and conditions must not disadvantage the consumer and must be recorded in writing or in such a way that the consumer can store them accessibly on a durable medium.