Terms and Conditions

Article 1 - Definitions

In these terms the following words have the following meanings:

  • Entrepreneur: natural or legal person offering products and/or services for sale at a distance to consumers;
  • Consumer: natural person who does not act professionally or commercially and enters into distance contracts with the entrepreneur;
  • Distance contract: contract exclusively using one or several distance communication technologies through a system set up by the entrepreneur for selling products and/or services at a distance up to the conclusion of the contract;
  • Distance communication technology: means that can be used to conclude a contract without consumers and entrepreneurs convening in the same room;
  • Cooling-off period: the period within which consumers may exercise their right of withdrawal;
  • Right of withdrawal: the possibility for consumers to rescind the distance contract within the cooling-off period;
  • Day: calendar day;
  • Continuing performance contract:  a distance contract that provides for delivery and/or purchase of a series of products and/or services over a period of time;
  • Durable data carrier: any means enabling consumers or the entrepreneur to store data addressed to them personally in a way that allows for the future retrieval and unaltered reproduction of the stored data.

             

Article 2 – Identity of the Entrepreneur

Joemerino B.V.
Kerkstraat 169
1017 GH Amsterdam

Address:

Kerkstraat 167-171
1017 GH  Amsterdam

020 - 34 15 777

info@joemerino.com

Registered with Chamber of Commerce under number: 55721958
VAT identification number: NL851833937B01
IBAN: NL75ABNA0424785781 

Article 3 -  Applicability 

  1. These standard terms and conditions apply to any offer of the entrepreneur and any distance contract concluded between the entrepreneur and consumers;
  2. Before the distance contract is made, these standard terms and conditions will be made available to consumers. If this is not reasonably possible, consumers will be informed that they can examine the terms and conditions at the entrepreneur’s offices [L1] and that at their request a copy will be sent to them at no cost as soon as possible.
  3. In deviation from the preceding paragraph and before the distance contract is concluded these standard terms and conditions may be provided to consumers electronically if the distance contract is concluded electronically, such that consumers can easily store these terms on a durable data carrier. If this is not reasonably possible consumers will be informed where they can examine the terms and conditions electronically and that at their request a copy will be sent to them at no cost electronically or otherwise.
  4. If in addition to these standard terms and conditions specific product or service conditions apply, the second and third paragraphs will apply mutatis mutandis and in the event of a conflict consumers may always invoke the relevant provision that is most favourable for them.

 

Article 4 – The Offer

  1. Offers that are valid for just a limited period of time or are made on certain conditions should explicitly state so.
  2. Offers must contain a full and accurate description of the products and/or services offered. The description must be sufficiently detailed to enable consumers to properly assess the offer.  Any images used by the entrepreneur must be faithful representations of the products and/or services offered. Any manifest errors or mistakes in the offer will not be binding on the entrepreneur.
  3. All offers must clearly state the rights and obligations attached to acceptance by consumers of the offer. This concerns in particular:
  • The price inclusive of taxes;
  • Costs of delivery, if any;
  • The way in which the contract will come about and the action required;
  • Whether or not a right of withdrawal applies;
  • The manner of payment, delivery or execution of the contract;
  • The term for acceptance of the offer or the term during which prices are valid;
  • The rates of distance communication if the basis for calculating the costs of using distance communication technologies is different from the basic rate;
  • If the contracts are archived after conclusion, the manner in which consumers can access the contracts;
  • The way in which consumers prior to entering into contracts can learn of any unwanted actions and how they can remedy such actions before contracts come about;
  • The languages in which contracts can be made besides Dutch;
  • The codes of conduct to which the entrepreneur has submitted and the way in which consumers can inspect those codes electronically; and
  • The minimum term of the distance contract for contracts providing for the continuous or periodical delivery of products or services.

                                  

Article 5 – The Contract 

  1. Subject to the provisions of paragraph 4  contracts come about upon acceptance by consumers of the offer and compliance with the conditions set.
  2. If consumers have accepted the offer electronically, the entrepreneur will immediately acknowledge receipt of acceptance electronically. As long as receipt of acceptance has not been acknowledged, consumers may dissolve the contract.
  3. If contracts are made electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and to create a secure web environment. If consumers can make payment electronically, the entrepreneur will take appropriate security measures.
  4. Within the framework set by law the entrepreneur may investigate whether consumers can comply with their payment obligations as well as all such facts and factors that are relevant to responsible conclusion of the distance contracts. If further to such investigation the entrepreneur has valid reasons not to enter into the contract, the entrepreneur has the right, stating reasons, to refuse orders or requests or to  attach special conditions to execution.
  5. With the product or service the entrepreneur will enclose the information listed below in writing or in such manner that consumers can store and access that information on a durable data carrier:
    1. The address of the entrepreneur’s business location at which consumers may direct complaints;
    2. The terms on which and the way in which consumers may exercise their right of withdrawal or an explicit statement that the right of withdrawal is excluded;
    3. Information on the service available after purchase and guarantees;
    4. The information referred to in Article 4.3 of these terms unless the entrepreneur has already provided that information to consumers before execution of the contract;
    5. The requirements for termination of the contract if the contract has been concluded for more than one year or indefinitely.
  6. If the entrepreneur undertakes to supply a series of products or services the provision contained in the preceding paragraph will apply to the first delivery only.

     

Article 6a – Right of Withdrawal upon Delivery of Products

  1. When buying products consumers have the right to dissolve the contract within fourteen working days without stating reasons. This term will start on the day following receipt by or on behalf of consumers of the products.
  2. During this term consumers will handle products and their packaging with care, unpacking or using the products only to the extent necessary to decide whether they wish to keep the products. If they wish to exercise their right of withdrawal, they must return the products plus all accessories supplied and – if reasonably possible – in their original condition and packaging to the entrepreneur in accordance with the entrepreneur’s reasonable and clear instructions.


Article 6b – Right of Withdrawal upon Delivery of Services

  1. In case of the delivery of services consumers have the right to dissolve the contract within seven working days without stating reasons, starting from the day on which they entered into the contract.
  2. To exercise their right of withdrawal consumers will follow any reasonable and clear instructions given by the entrepreneur when making the offer and/or the delivery at the latest.

                 

Article 7 -  Costs of Withdrawal 

  1. Consumers exercising the right of withdrawal have to pay no more than the costs of returning the products.
  2. The entrepreneur will refund any payments by consumers as soon as possible but no later than 30 days of the return of the goods or the withdrawal.


Article 8 – Exclusion of Right of Withdrawal

  1. If consumers do not have a right of withdrawal, the entrepreneur must have clearly stated so in the offer, or at least in time before conclusion of the contract.
  2. The right of withdrawal may be excluded only for products: 

• Made by the entrepreneur in accordance with the specifications of the consumer;

  • That are clearly personal;
  • That by reason of their nature cannot be returned;
  • That can rapidly decay or become obsolete;
  • Whose price is tied to fluctuations in the financial market on which the entrepreneur has no influence;
  • For single issues of newspapers and magazines;
  • For audio and video recordings and computer software where the consumer has broken the seal.

                   

Article 9 –  The Price

  1. During the validity period stated in the offer the prices of the products and/or services will not be raised, save for price changes due to changes in VAT-rates.
  2. In deviation from the preceding paragraph the entrepreneur may offer products or services whose prices are tied to fluctuations on the financial market on which the entrepreneur has no influence at variable prices. The offer must mention this tie to fluctuations and the fact that any prices stated are recommended retail prices.
  3. Price increases within three months after conclusion of the contract are allowed only if they are the result of statutory regulations or provisions.
  4. Price increases within three months after conclusion of the contract are allowed only if stipulated by the entrepreneur and:
  • They are the result of statutory regulations or provisions; or
  • Consumers have the right to terminate the contract effective from the date on which the price increase takes effect.
  1. The prices of products or services stated in the offer will be exclusive of VAT.

 

Article 10 – Conformity and Guarantee

  1. The entrepreneur warrants and represents that the products and services comply with the contract, the specifications stated in the offer, the reasonable standards of soundness and/or usefulness and the statutory provisions and/or government regulations in effect at the time of conclusion of the contract.
  2. Any scheme offered by the entrepreneur, manufacturer or importer by way of guarantee will not affect the rights and claims that consumers may enforce against the entrepreneur by law and/or the distance contract regarding breach of contract by the entrepreneur.

                 

 Article 11 – Delivery and Execution

  1. The entrepreneur will exercise the utmost care in taking receipt of and executing product orders and in assessing requests for the supply of services.
  2. As place of delivery will be regarded the address stated by the consumer to the company[L2] .
  3. With due observance of the provisions contained in Article 4 of these terms and conditions the company[L3]  will executed accepted orders promptly but within 30 days unless a longer term for delivery has been agreed. If delivery is delayed or if orders cannot be filled or partially only, consumers will be notified within one month after placing their orders. In that case consumers have the right to terminate the contract at no cost and without being entitled to any compensation.
  4. In the event of termination in accordance with the preceding paragraph the entrepreneur will refund the amount paid by the consumer as soon as possible but within 30 days of termination.
  5. If delivery of a product ordered proves impossible, the entrepreneur will make every effort to provide a substitute product. No later than upon delivery consumers will be informed in a clear and understandable manner that a substitute will be delivered. The right of withdrawal cannot be excluded for substitute products. The entrepreneur will pay the costs of returning substitute products.
  6. Until the time of delivery to consumers the entrepreneur will bear the risk of damage and/or loss of products unless explicitly agreed otherwise.
     

Article 12 – Continuing Performance Contracts

  1. Consumers may terminate indefinite contracts at all times with due observance of the agreed termination regulations and a notice period of one month maximum.
  2. Fixed-term agreements are in force for two years maximum. If it has been agreed that the distance contract will be renewed if consumers do not give notice of termination the contract will be continued as an indefinite contract and the notice period will be one month maximum after continuation. 

Article 13 - Payment

  1. Unless otherwise agreed any payments due by consumers within fourteen days after delivery of the product or in the event of contracts regarding the supply of services within fourteen days of issue of the documents relating to the contract.
  2. Standard terms and conditions may never stipulate advance payments exceeding 50% for the sale of products to consumer. If the payment of an advance has been stipulated, consumers cannot enforce any rights regarding the execution of the order or service(s) concerned before the stipulated advance has been paid.
  3. Consumers are required to notify the entrepreneur immediately of any errors in payment details provided or stated.
  4. If consumers default on payments the entrepreneur has the right to charge the reasonable costs to the consumers as stated in advance save for statutory restrictions.

 

 Article 14 – Complaints Procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure in place and will handle complaints according to that procedure.
  2. Any complaints about the execution of the contract must be lodged with the entrepreneur promptly, clearly and fully stating the nature of the complaint, as soon as consumers have established the defect.
  3. The entrepreneur will respond to complaints within a term of fourteen days from the date of receipt. If the handling of a complaint is expected to take longer the entrepreneur will respond within the fourteen-day term acknowledging receipt and indicating when the consumer can expect a more extensive reply.

 

Article 15 – Additional or Varying Provisions

Any additional or varying provisions may not be disadvantageous to consumers and must be recorded in writing or be stored on a durable data carrier such that they are easily accessible to consumers.