Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession and who enters into a distance contract with the entrepreneur;

Day: calendar day; Long-term transaction: a distance contract relating to a series of products and/or services, the performance and/or delivery of which is spread over time;

Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;

Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for the remote sale of products and/or services, whereby only one or more techniques for remote communication are used up to and including the conclusion of the contract;

Remote communication technique: means that can be used for concluding a contract without the consumer and the entrepreneur being physically present in the same place.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

 

Article 2 - Identity of the entrepreneur

JACETRO

Hoptillepad 148

1102 CS Amsterdam

Email address: jacetro@hotmail.com

Chamber of Commerce number: 91183561

VAT identification number: NL004875405B57

 

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract 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, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer upon request as soon as possible.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available 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, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge, either electronically or in another way, upon request.

In case, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to him in case of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are wholly or partially void or are annulled at any time, the agreement and these terms and conditions will remain in force for the rest, and the relevant provision will be replaced in mutual consultation as soon as possible.

Situations not provided for in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions of our 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 without obligation. 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 enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, data in the offer are indicative and cannot be the basis for compensation or dissolution of the agreement.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

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; any shipping costs; the manner in which the agreement will be concluded and what actions are required 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 the entrepreneur guarantees the price; the amount of the rate for distance communication if the costs of using the communication technique for distance communication are calculated on a basis other than the regular basic rate for the communication medium used; whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer; how the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it; any other languages in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the case of a long-term transaction. Optional: available sizes, colors, types of materials.

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions laid down for this. If the consumer has accepted the offer electronically, the entrepreneur will immediately 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 can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this. Within the legal framework, the entrepreneur can inquire 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 investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to its execution. The entrepreneur will send the following information to the consumer 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: a. the visiting address of the entrepreneur's establishment where the consumer can go with complaints; b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information about guarantees and existing service after purchase; d. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement; e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery. Every agreement is entered into subject to the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of Withdrawal

In the purchase of products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This cooling-off period commences on the day after the consumer or a previously designated representative of the consumer, who is known to the entrepreneur, has received the product. During the cooling-off period, the consumer will handle the product and 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 will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must do this by means of a written message/email. After the consumer has indicated 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 goods have been returned on time, for example by means of proof of shipment. If the customer has not indicated within the periods mentioned in paragraphs 2 and 3 whether he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.

Article 7 - Costs in Case of Withdrawal

If the consumer makes use of his right of withdrawal, the costs for returning the products are for the account of the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition here is that the product has already been returned to the web retailer or conclusive proof of complete return shipment can be provided.

Article 8 - Exclusion of Right of Withdrawal

The entrepreneur can 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 entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the contract. Exclusion of the right of withdrawal is only possible for products: a. that have been produced by the entrepreneur in accordance with the consumer's specifications; b. which are clearly of a personal nature; c. which by their nature cannot be returned; d. which can spoil or age quickly; e. whose price is tied to fluctuations in the financial market over which the entrepreneur has no control; f. for loose newspapers and magazines; g. for audio and video recordings and computer software if the consumer has broken the seal. h. for hygienic products if the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services: a. relating to accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period; b. where the delivery has started with the express consent of the consumer before the cooling-off period has expired; c. concerning bets and lotteries.

Article 9 - The 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 due to changes in VAT rates. In deviation from the previous paragraph, the entrepreneur may offer products or services with prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any prices mentioned are target prices will be stated in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. these are the result of legal regulations or provisions; or b. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect. The prices stated in the offer of products or services include VAT. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, with the reasonable requirements of soundness and/or usability, and with the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims under the agreement against the entrepreneur. Any defects or incorrectly delivered products must 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 every 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 themselves or has had them repaired and/or modified by third parties; The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the entrepreneur's instructions and/or the packaging instructions; The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products.

The consumer's address provided to the company will be considered the place of delivery.

Taking into account what is stated in article 4 of these general terms and conditions, the company will execute accepted orders promptly and no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation. In the event of dissolution in accordance with the preceding 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 make efforts to provide a substitute item. It will be clearly and comprehensibly stated at the latest upon delivery that a substitute item is being provided. The right of withdrawal cannot be excluded for substitute items. The costs of any return shipment are borne by 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 representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Long-term transactions: duration, termination, and extension

Termination

The consumer can terminate an agreement concluded for an indefinite period and providing for the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of up to one month. The consumer can terminate an agreement concluded for a definite period and providing for the regular delivery of products (including electricity) or services at any time at the end of the specified duration, subject to agreed termination rules and a notice period of up to one month. The consumer can terminate the agreements mentioned in the preceding paragraphs: at any time and not be limited to termination at a specific time or in a specific period; terminate at least in the same manner as they were entered into by him; always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement concluded for a definite period and providing for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite duration. In derogation from the preceding paragraph, an agreement concluded for a definite period and providing for the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite duration of up to three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of up to one month. An agreement concluded for a definite period and providing for the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer may terminate at any time with a notice period of up to one month and a notice period of up to three months in the event the agreement provides for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically end upon expiry of the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of up to one month, unless reasonableness and fairness oppose termination before the agreed duration has expired.

Article 13 - Payment Unless otherwise agreed

The amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement. The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay. In the event of consumer default, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

Article 14 - Complaints Procedure Complaints

About the execution of the agreement must be submitted to the entrepreneur in full and clearly described within 7 days after the consumer has discovered the defects. 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 of when the consumer can expect a more detailed response. If the complaint cannot be resolved amicably, a dispute arises that is eligible for dispute resolution. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes For agreements

Between the entrepreneur and the consumer to which these general terms and conditions apply, Dutch law exclusively applies, even if the consumer resides abroad.