Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can make use of his right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a certain period of time;

Durable medium: any means that enables the consumer or trader to store information addressed to him personally in such a way that future consultation and unaltered reproduction of the stored information is possible.

Right of cancellation: the possibility for the consumer to renounce the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers goods and/or services to consumers at a distance;

Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance selling of products and/or services, one or more means of distance communication are exclusively used until the conclusion of the agreement;

Distance communication technique: means that can be used for the conclusion of an agreement without the consumer and entrepreneur having to be in the same room at the same time.

General terms and conditions: these general terms and conditions of the entrepreneur.

Article 2 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and every order placed 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 can be inspected at the trader's premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions can, notwithstanding the previous paragraph, be made available to the consumer electronically before the distance contract is concluded in such a way that it can be easily stored by the consumer on a durable data carrier. 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 electronically or otherwise free of charge at the consumer's request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him.

If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or void, the remainder of the agreement and these terms and conditions shall remain in force and the provision in question shall immediately be replaced by mutual agreement by a provision that comes as close as possible to the meaning and purpose of the original provision.

Situations not provided for in these General Terms and Conditions shall be assessed "in the spirit" of these General Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our general terms and conditions must be interpreted "in the spirit" of these general terms and conditions.

Article 3 - 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 authorised 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 an appropriate assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

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

Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colours shown correspond exactly with the actual colours 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 applies in particular to

the price, excluding customs clearance costs and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service will apply the special regulation for postal and courier services with regard to import. This regulation applies if the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect VAT from the recipient of the goods (regardless of whether or not it is collected together with the customs clearance fees);

any shipping charges;

the manner in which the contract is concluded and what actions are required for this;

whether or not the right of cancellation is applicable;

the method of payment, delivery and fulfilment of the contract;

the period for acceptance of the offer or the period within which the trader guarantees the price;

the amount of the distance communication rate if the costs for the use of the distance communication technique are calculated on a basis other than the regular basic rate for the means of communication used;

whether the agreement is archived after its conclusion and, if so, how it can be consulted by the consumer;

the way in which the consumer can check and, if desired, correct the information he has provided in the agreement before concluding it;

all languages other than Dutch in which the contract can be concluded;

the codes of conduct to which the trader is subject 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 fixed-term contract.

Optional: available sizes, colours, type of materials.

Article 4 - The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.

If the consumer has accepted the offer by electronic means, the entrepreneur will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the trader has not confirmed receipt of this acceptance, the consumer may cancel the contract.

If the contract is concluded electronically, the trader must take appropriate technical and organisational measures to protect electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, the trader shall take appropriate security measures.

The trader may - within the legal framework - obtain information about whether the consumer can fulfil his payment obligations and about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this assessment, the entrepreneur has good reasons not to conclude the contract, he is authorised to refuse an order or application or to attach special conditions to its execution, stating reasons.

The entrepreneur will provide the consumer with the following information 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:

the visiting address of the trader's establishment to which the consumer can address complaints;
the conditions and the way in which the consumer can exercise his right of withdrawal or, if applicable, clear information that he is exempt from the right of withdrawal;
the information on guarantees and existing after-sales services;
the information contained in Article 4(3) of these conditions, unless the trader has already provided this information to the consumer before the fulfilment of the contract;
the conditions for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.
In the case of a fixed-term contract, the provision in the previous paragraph only applies to the first delivery.

Each agreement is concluded under the suspensive condition of sufficient availability of the products concerned.

Article 5 - Right of withdrawal

When purchasing products, the consumer has the option of cancelling the agreement without giving reasons during a period of 30 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and notified to the entrepreneur.

During the cooling-off period, the consumer will handle the product and its 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 makes use of his right of withdrawal, he will return the product with all delivered accessories and - if possible - in its original condition and packaging to the entrepreneur, 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 must notify the entrepreneur within 30 days of receipt of the product. The consumer should communicate this in the form of a written notification/email. After the consumer has declared that he wishes to exercise his right of withdrawal, he must return the product within 30 days. The consumer must prove that the delivered goods were returned on time, e.g. by means of proof of dispatch.

If the customer has not expressed the wish to make use of his right of withdrawal after the periods referred to in paragraphs 2 and 3 have expired, or if he has not returned the product to the entrepreneur, the purchase is a fact.

Article 6 - Costs in case of cancellation

If the consumer exercises his right of withdrawal, the costs of returning the product shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after cancellation. The condition for this is that the product has already been returned to the entrepreneur or that conclusive proof of complete return can be provided.

Article 7 - Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before the contract is concluded.

Exclusion of the right of withdrawal is only possible for products

which have been manufactured by the trader according to the consumer's specifications;
which are clearly of a personal nature
which cannot be returned due to their nature
which spoil or age quickly;
whose price is subject to fluctuations in the financial market that are beyond the entrepreneur's control;
for individual newspapers and magazines;
for audio and video recordings and computer software for which the consumer has broken the seal.
for hygiene articles where the consumer has broken the seal.
The exclusion of the right of cancellation is only possible for services

which relate to accommodation, transport, a restaurant or a leisure activity and are to be provided on a specific day or during a specific period;
the delivery of which has begun with the express consent of the consumer before the expiry of the cancellation period;
For bets and lotteries.
Withdrawal fee policy:

If a customer decides to return an item, the company may charge a restocking fee. The restocking fee may be a percentage (15%) of the purchase amount and may be deducted from the refundable amount or charged separately to the customer. Customers are advised to contact the Company in advance to arrange the return and discuss any questions or concerns. The Company reserves the right to refuse or delay returns if the returned items are damaged, used or not in their original packaging.

Article 8 - The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and on which the entrepreneur has no influence, with variable prices. This connection with fluctuations and the fact that the prices quoted are target prices will be mentioned in the offer.

Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after conclusion of the contract are only permitted if the entrepreneur has stipulated them and

they result from statutory provisions or regulations; or
the consumer is entitled to terminate the contract on the day on which the price increase takes effect.
In accordance with Article 5(1) of the Value Added Tax Act 1968, the place of supply is the country in which the transport begins. In the present case, this delivery takes place outside the EU. Accordingly, the postal or courier service will collect import VAT or clearance charges from the customer. Consequently, no VAT will be charged by the entrepreneur.

All prices are subject to printing errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 9 - Conformity and guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations applicable at the time of the conclusion of the agreement. If agreed, the professional also guarantees that the product is suitable for other than normal use.

A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader on the basis of the agreement.

Defective or incorrectly delivered products should be reported to the trader 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 factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The guarantee does not apply if:

the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;

the delivered products have been exposed to abnormal conditions or otherwise treated negligently or contrary to the instructions of the entrepreneur and/or on the packaging;

the defectiveness is wholly or partly the result of regulations that the government has issued or will issue with regard to the nature or quality of the materials used.

Article 10 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the company.

With due observance of the provisions in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot or only partially be executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and the right to possible compensation.

In the event of cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.

If the delivery of an ordered product proves impossible, the entrepreneur will endeavour to deliver a replacement product. At the latest upon delivery, it will be clearly and comprehensibly indicated that a replacement item will be delivered. The right of cancellation cannot be excluded for replacement items. The costs of the return shipment shall be 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 to a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 11 - Duration of the transactions: duration, termination and extension

Termination

The consumer may terminate a contract of indefinite duration for the regular delivery of products (including electricity) or the provision of services at any time, subject to the agreed cancellation rules and a notice period of no more than one month.

The consumer may terminate a fixed-term contract for the regular delivery of products (including electricity) or the provision of services at any time at the end of the fixed term, subject to the agreed cancellation rules and a notice period of no more than one month.

Consumers may terminate the contracts referred to in the preceding paragraphs

terminate at any time and not be restricted to cancelling at a specific time or within a specific period;

terminate them at least in the same way as they were concluded

always cancel with the same notice period that the entrepreneur has set for himself.

Extension

A fixed-term contract that has been concluded for the regular delivery of goods (including electricity) or the provision of services cannot be tacitly extended or renewed for a fixed term.

Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months if the consumer can terminate this renewed contract at the end of the renewal with a notice period of no more than one month.

A fixed-term contract for the regular delivery of goods or the provision of services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month; if the contract relates to the regular delivery of daily or weekly newspapers and magazines less than once a month, the notice period may not exceed three months.

A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines as part of an introductory subscription (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of up to one month, unless reasonableness and fairness prevent cancellation before the end of the agreed duration.

Article 12 - 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 for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has the duty to inform the entrepreneur immediately of any inaccuracies in the payment details provided or mentioned.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs communicated to the consumer in advance.

Article 13 - Complaints procedure

Complaints about the implementation of the agreement should be submitted to the entrepreneur fully 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.

If a complaint is considered justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

Article 14 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer is domiciled abroad.

Article 15 - Contact information

If you have any questions about the general terms and conditions, please contact info@jane-sydney.com

.Our contact details can be found below:

Jane-Sydney
info@jane-sydney.com