Definitions
In these general terms and conditions, the following terms are defined as follows:
a. Entrepreneur: Jollein;
b. Customer: any person with whom Jollein enters into an Agreement, including Consumers.
c. Consumer: the natural person not acting for purposes related to his trade, business, craft or profession;
d. Agreement: an agreement to carry out work, deliveries and/or services between Jollein and the Customer, which may or may not be carried out as part of an organised system for the remote sale of products, digital content and/or services, where up to and including the conclusion of the Agreement sole or joint use is made of one or more Remote Communication Techniques;
e. Day: calendar day;
f. Reflection Period: the period within which the Consumer can exercise his Right of Withdrawal;
g. Right of Withdrawal: the Consumer's option to waive the Agreement within the Reflection Period;
h. Model Form for Withdrawal: the European Model Form for Withdrawal is attached in Annex I of these Terms and Conditions that Jollein makes available for the applicable products or services and that a Consumer can complete when he or she wants to use his or her Right of Withdrawal;
i. Technique for remote communication: the means used to conclude an Agreement, without Jollein and Customer being simultaneously present at the same place to conclude the Agreement;
j. Website: the website(s) of the Entrepreneur, including www.jollein.com.
Who is Jollein?
Smits Assen B.V. acts under the name of Jollein
Address: Diepstroeten 1, 9405 TK ASSEN
Telephone +31592 - 34 30 10
E-mail address: info@jollein.com
Chamber of Commerce number: 04043949
VAT number: NL814543613B01
Website: www.jollein.com
Applicability of General Terms and Conditions
1. These General Terms and Conditions apply to all current and future offers, quotations and legal relationships of Jollein and to every established Agreement, delivery and/or service of Jollein that is made or established through the Website or other Technology for remote communication. The applicability of general terms and conditions brought forward by the Customer is expressly rejected.
2. If one or more clauses in these general terms and conditions are at any time fully or partially void or annulled, the Agreement and these terms and conditions shall otherwise remain intact. The clause in question shall be replaced by one that is as close as possible to the original clause and the Agreement.
3. Additional clauses or clauses deviating from these general terms and conditions may not be to the detriment of the Consumer and must be set in such a way that the Consumer can store them on an accessible and durable medium.
The offer
1. Where an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
2. The offer consists of a complete and accurate description of the products and/or services offered. The description is sufficiently detailed so that the Customer can make a proper assessment of the offer. If Jollein uses images, these are a clear representation of the products. Obvious mistakes or apparent errors that are reasonably recognisable in the offer do not bind Jollein.
3. Each offer contains sufficient information that it is clear to the Customer what the rights and obligations are, which are attached to the acceptance of the offer.
The Agreement
1. The Agreement comes into effect at the moment of acceptance of the offer by the Customer and fulfilment of the conditions set out therein. The Customer accepts the offer and its conditions when completing the ordering process on the Website.
2. When the offer has been accepted electronically by the Customer, Jollein will confirm the receipt of the acceptance of the offer electronically as soon as possible. As long as the receipt of this acceptance has not been confirmed by Jollein, the Customer may dissolve the Agreement.
3. Jollein may - within legal bounds - find out whether the Customer can meet its payment obligations, including all those facts and factors that are important for the responsible conclusion of the Agreement. If, based on this investigation, Jollein has valid reasons not to enter into the Agreement, Jollein is entitled to refuse an order or application or to attach special conditions to the execution of the order, while stating its reasons.
4. Each Agreement is entered into under the condition of sufficient availability of the relevant products or services.
5. The Customer must, of its own accord, provide Jollein with all data and documents that (may) be relevant for the execution of the Agreement in a timely manner (to the extent that it is possible in advance).
6. The Customer warrants that the information and provisions (also) referred to in the previous paragraph provided by or on its behalf to Jollein are correct and complete. The Customer must ensure timely delivery of these data and provisions.
7. The execution period will not commence until after the Customer has provided these data and provisions to Jollein correctly and completely. If at any time these data and/or provisions are not available to Jollein, the execution period will be suspended for a period of time to be determined by Jollein (at least equal to the delay) and Jollein will be entitled to recover any damages as a result thereof from the Customer.
Prices and payments
1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, with the exception of price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, Jollein may offer products or services whose prices are linked to fluctuations in the financial market and over which Jollein has no influence, with variable prices. If prices or services in the order are affected by these fluctuations, this will be mentioned in the offer.
3. Jollein has the right to implement a price increase from 3 months after the conclusion of the Agreement if it is the result of legal regulations or provisions. In case of such a price increase, the Consumer has the authority to terminate the Agreement as of the Day on which the price increase takes effect.
4. The prices mentioned in the offer of products or services include VAT unless explicitly stated otherwise.
5. Unless otherwise stipulated, the amounts owed by the Customer must be paid within 14 Days after the conclusion of the Agreement. In the case of an Agreement to provide a service, this term starts on the Day after the Customer has received the confirmation of the Agreement.
6. Where advance payment has been stipulated, the Customer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
7. The Customer has the duty to report inaccuracies in payment information provided or mentioned to Jollein immediately or as soon as possible.
8. If the Customer does not timely meet his/her payment obligation(s) in time, the Customer, after being notified by Jollein of the late payment and after Jollein has given the Customer a period of 14 days to still meet his/her payment obligations, after non-payment following this 14-day grace period, will owe the statutory interest on the amount still due and Jollein will be entitled to charge the extrajudicial collection costs it has incurred. These collection costs are maximum: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40.
Return policy and withdrawal for physical products
1. This article applies when there is an Agreement between Jollein and the Consumer. If for a Customer, not a Consumer, a separate procedure for returning is specified, this is stated with the product.
2. The Consumer may dissolve an Agreement regarding the purchase of certain products (see exceptions) during the Reflection Period of at least 14 Days without giving reasons. Jollein may ask the Consumer about the reason for withdrawal, but the Consumer is not obliged to provide a reason.
3. The Reflection Period mentioned in paragraph 1 starts on the Day after the Consumer or a third party designated in advance by the Consumer, who is not the carrier, has received the product, or:
a. If the Consumer or a third party ordered several products in one order: the Day starts after delivery of the last product.
b. If the delivery of a product consists of several consignments or parts: the Reflection Period commences on the Day on which the Consumer or third party has received the last consignment or part, or
c. in the case of contracts for regular delivery of products during a certain period: the Day commences on which the Consumer, or a third party designated by the Consumer, has received the first product.
For services and digital content not delivered in a tangible medium
3. The Consumer may dissolve a service agreement and a contract for delivery of digital content not delivered on a material carrier for at least 14 Days without giving reasons. Jollein may ask the Consumer about the reason for withdrawal, but the Consumer is not obliged to provide a reason.
4. The Reflection Period mentioned in paragraph 3 starts on the Day following the conclusion of the Agreement.
Obligations of the Consumer during the Reflection Period
5. During the Reflection Period, the Consumer is obliged to handle the product and its packaging with care. The Consumer shall only unpack or use the product to determine its nature, characteristics and operation of the product. The basic principle here is that the Consumer may only use and inspect the product as he/she would be allowed to do in a shop.
6. Jollein may charge the Consumer for the costs of the possible decrease in value of the product caused by further use than allowed in paragraph 1 and/or set off the amount to be refunded.
Invoking the right of withdrawal and costs
1. This article applies when there is an Agreement between Jollein and the Consumer. If a separate return procedure has been established for a Customer, not a Consumer, this is stated with the product.
2. If the Consumer makes use of his/her Right of Withdrawal, he/she shall notify Jollein within the Reflection Period of 14 Days by means of the return form or in another clear manner.
3. The Consumer must return the product as soon as possible to Jollein or hand it over to (an authorised representative of) Jollein, and in any case within 14 Days from the Day following the notification referred to in paragraph 1, unless Jollein itself has offered to collect the products. The Consumer has complied with the return period in any case if he returns the product before the Reflection Period has ended.
4. The Consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Jollein.
5. The risk and burden of proof for the correct and timely exercise of the Right of Withdrawal lie with the Consumer.
6. If the Consumer revokes after having first expressly requested that the performance of the service start during the Withdrawal Period, the Consumer shall owe Jollein an amount equal to that part of the commitment already fulfilled by Jollein at the time of revocation, compared to the full fulfilment of the commitment.
7. If the Consumer makes use of his Right of Withdrawal, all additional agreements will be legally (automatically) dissolved.
8. If the Consumer makes a declaration of dissolution electronically through the Website of Jollein, Jollein will send a confirmation of receipt as soon as possible after receiving this notification.
9. If the Consumer returns the complete order, Jollein will reimburse the initial shipping costs as soon as possible but at least within 14 Days following the Day the Consumer declared the withdrawal. Unless Jollein offers to collect the product itself, it may wait with refunding until it has received the product or until the Consumer proves that he/she has returned the product, whichever is earlier. The return costs are at the expense of the Consumer.
10. If the Consumer keeps one or more items from the order, the Consumer will only be refunded the cost of the rest of the order, not the shipping or handling costs, if any.
11. The costs of (returning) the products to be returned to Jollein are covered by the Consumer.
12. For refunds, Jollein uses the same payment method the Consumer has used, unless the Consumer agrees to another method. The refund is free of charge for the consumer.
13. If the Consumer has chosen a more expensive method of delivery than the cheapest standard delivery, Jollein does not have to refund the additional costs for the more expensive method.
Exceptions to Right of Withdrawal
1. The Right of Withdrawal does not apply to products and services that are excluded from it by law. This includes in any case (but not exclusively):
a. Products manufactured according to the Consumer's specifications, which are not composed and which are manufactured on the basis of an individual choice or decision of the Consumer, or which are clearly intended for a specific person;
b. Products that spoil quickly or have a limited shelf life;
c. Sealed products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
d. Products which by their nature are irrevocably mixed with other products after delivery;
e. Sealed audio-, video recordings and computer software, of which the seal has been broken after delivery;
f. Newspapers, magazines or journals, with the exception of subscriptions to these;
g. The delivery of digital content other than on a tangible medium, but only if:
h. Service contracts, after full performance of the service, but only if:
i. Agreements concluded during a public auction. A public auction means a sales method where products, digital content and/or services are offered by Jollein to the Consumer who is personally present or is given the opportunity to be personally present at the auction, led by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
j. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of execution and other than for residential purposes, carriage of goods, car rental services and catering;
k. Contracts relating to leisure activities, if a specific date or period of use is agreed upon in the contract;
l. Products or services whose price is linked to fluctuations in the financial market over which Jollein has no influence and which may occur within the withdrawal period;
m. Service Agreements, after full implementation of the service, but only if:
n. Package holidays as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
o. Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 Days, and whose actual value depends on fluctuations in the market over which Jollein has no influence.
Conformity and warranty
1. The products delivered by Jollein to Consumers comply with the Agreement. This is a legal guarantee (also called 'legal guarantee').
2. An additional guarantee provided by Jollein, its supplier, manufacturer or importer never limits the legal rights and claims that the Consumer can assert under the Agreement in case Jollein has failed to fulfil its part of the Agreement.
3. Additional guarantee means any undertaking by Jollein, its supplier, importer or manufacturer in which it grants the Customer certain rights or claims beyond what it is legally obliged to do in case Jollein has failed to fulfil its part of the Agreement.
4. If there is a manufacturer's or supplier's warranty in addition to the statutory warranty, the Customer will find this in the documentation accompanying the product.
5. Jollein cannot guarantee that the representation of the products as depicted on the Website corresponds exactly to the delivered products in all cases.
Delivery and execution
1. The place of delivery is the address the Customer has provided to Jollein.
2. Jollein shall execute the Agreement as soon as possible, but at the latest within 30 Days, unless another delivery period has been agreed upon.
3. If the delivery is delayed, or if an order cannot or only partially be executed, the Customer will be notified within 30 Days after the order was placed. In that case, the Customer has the right to dissolve the Agreement without costs and the right to possible damages.
4. After dissolution in accordance with the previous paragraph, Jollein will refund the amount paid by the Customer as soon as possible.
5. The risk of damage and/or loss of products lies with Jollein until the moment of delivery to the Customer or a representative previously designated and disclosed to Jollein unless explicitly agreed otherwise.
Intellectual property rights
1. The intellectual property rights to all delivered goods, services, offers, quotations, drawings, images, texts, etc., remain with Jollein or with the third party from whom Jollein has obtained the right to make (a part of) these available to the Customer. Jollein hereby only grants the Customer a right of use that is non-exclusive and non-transferable, unless otherwise expressly provided in writing in the Agreement.
2. The Customer warrants that, if and to the extent materials or information or other data are made available or disclosed by him or her to Jollein within the framework of the Agreement or are used at the request of the Customer by or on behalf of Jollein, he or she is entitled to do so and that these materials and information do not infringe any rights of third parties.
3. The Customer may not remove or change copyright indications, trademarks or other indications of the owner of intellectual property rights. The same applies to notices that certain information is of a confidential nature.
4. Except to the extent permitted by mandatory law or in the Agreement, the Customer may not reproduce, compile or reverse engineer applications made available. In addition, it is not permitted to remove or bypass security features or technical (usage) limitations.
5. If Jollein is held liable by a third party or otherwise (directly or indirectly) responsible for claims regarding intellectual property rights related to the content, publications or other disclosures of or related to the Customer, the Customer is obliged to provide Jollein with all necessary assistance in and out of court. Furthermore, the Customer is obliged to fully compensate Jollein for the resulting damages.
Retention of title
As long as the Customer has not made full payment for the entire agreed amount (for example but not exclusively in case of payment in arrears), all delivered and to be delivered products and services remain the property of Jollein.
Personal data
Jollein processes the Customer's personal data in accordance with the privacy and cookie statement published on the Website.
Liability
1. Jollein is never liable to the Customer, not being a consumer, for damages resulting from defects in or to sold goods, provided services or performed activities or otherwise as a consequence of the failure to fulfil any obligation under the Agreement or the committing of an unlawful act, both with the Customer and with third parties.
2. If Jollein can be held liable, the liability per event or series of events with a common cause will in any case be limited to the amount paid out by its liability insurance for the case in question.
3. Under no circumstances will the liability exceed the invoice amount of the relevant Agreement in the event of a failure to comply with the Agreement.
4. Jollein shall never be liable for indirect damages including, but not limited to, lost profits, missed savings, business interruption and damages to third parties, including in the event of non- or inadequate fulfilment of an obligation to repair.
5. Liability of Jollein against the Customer for attributable failure in the fulfilment of the Agreement only arises when the Customer immediately and properly serves a notice of default on Jollein, for which Jollein must be given a reasonable period to remedy. This notice of default must contain a clear description of the shortcoming, giving Jollein the opportunity to rectify it.
6. The creation of any right to compensation arises on the condition that the Customer notifies Jollein in writing of the damage as soon as possible, at the latest within 30 Days after it arises.
7. If there is a case of force majeure, Jollein is not obliged to compensate for any damage caused by this to the Customer.
8. All liability limitations or exclusions in the Agreement and these terms and conditions do not apply in case the damage is the result of intent or conscious recklessness on the part of Jollein or its managing subordinate(s).
Applicable law, complaints and disputes
1. Dutch law shall exclusively apply to all Agreements and disputes with Jollein. Application of the Vienna Sales Convention (CISG) is excluded.
2. The Customer can submit any complaints to Webshop by sending an e-mail to info@jollein.com.
3. Complaints about the performance of the Agreement must be submitted to Jollein within a reasonable time after the Customer has discovered the defects, fully and clearly described.
4. Complaints submitted to Jollein will be answered within a period of 14 Days from the date of receipt. If a complaint requires a clearly longer processing time, Jollein will respond within 14 Days with an acknowledgement of receipt and an indication of when the Customer can expect a more detailed answer.
5. In case of a dispute arising from the Agreement, the court in Jollein's domicile will be competent to hear it. The Consumer has the option, within one month after Jollein invokes the jurisdiction of the relevant court, to opt for settlement of the dispute by the court competent according to law.
6. It is also possible for Consumers in the European Union to register complaints via the ODR platform of the European Commission. This ODR platform i
