Terms and Conditions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer can make use of their right of withdrawal.

Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.

Day: calendar day.

Long-term transaction: a distance contract concerning a series of products and/or services, of which the delivery and/or purchase obligation is spread over time.

Durable medium: any means that enables the consumer or entrepreneur to store information personally addressed to them, in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period.

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

Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance sale of goods and/or services, whereby up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.

Means of distance communication: means that can be used to conclude a contract without the consumer and the entrepreneur being in the same place at the same time.

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

Article 2 - Identity of the entrepreneur

JMR Retail Group
Julianaweg 26
Phone number: 0628336935
3433EB, Nieuwegein
Chamber of Commerce: 93443943
VAT Number: 866402949B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they 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 will be provided to the consumer electronically before the distance contract is concluded, in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

In addition to these general terms and conditions, if specific product or service conditions apply, paragraphs 2 and 3 also apply, and in case of conflicting conditions, the consumer can rely on the most favorable provision.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially void or annulled, the remainder of the agreement and these General Terms and Conditions will remain in force, and the relevant provision will be replaced immediately by a provision that approximates the original provision as closely as possible.

Situations that are not covered by these General Terms and Conditions must be assessed "in the spirit" of these General Terms and Conditions.

Any uncertainties regarding the interpretation or content of one or more provisions of our General Terms and Conditions should be interpreted "in the spirit" of these General Terms and Conditions.

Article 4 - The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is subject to change. The entrepreneur reserves the right to modify and adjust 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 assess the offer properly. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Apparent mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

The images of the products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are associated with accepting the offer. This particularly concerns:

  • The price, excluding customs and VAT on importation, which are at the expense and risk of the customer. The postal or courier service applies a special regulation for postal and courier services on importation. This regulation applies when the goods are imported into the EU destination country, as is the case here. The postal or courier company collects VAT (also in connection with customs clearance costs) from the recipient of the goods;
  • Shipping costs, if applicable;
  • The manner in which the agreement will be concluded and the necessary steps to do so;
  • 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 rate for distance communication, if the cost of using the technology for distance communication is calculated on a different basis than the normal basic rate for the communication technology used;
  • Whether the contract will be archived after its conclusion, and if so, how it can be accessed by the consumer;
  • The way in which the consumer, before concluding the contract, can check and, if desired, correct the data provided by them in the context of the contract;
  • Any other languages in which the contract can be concluded, besides Dutch;
  • The codes of conduct to which the entrepreneur is subject and the way the consumer can consult these codes of conduct electronically; and
  • The minimum duration of the distance contract in the case of an extended transaction.

Optional: available sizes, colors, material types.

Article 5 - The contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the corresponding conditions.

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 contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may, within legal frameworks, gather information about the consumer's ability to fulfil their payment obligations, as well as all facts and factors that are important for responsibly entering into a distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the contract, they are entitled to refuse an order or request or to attach special conditions to its execution.

The entrepreneur will provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable medium, along with the product or service:

  • The business address of the entrepreneur where the consumer can address complaints;
  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • The information about warranties and existing after-sales services;
  • The details mentioned in article 4, paragraph 3, unless the entrepreneur has already provided this information to the consumer before the execution of the contract;
  • The requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Every contract is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 30 days. This cooling-off period starts on the day after the consumer or a pre-designated representative, who is not the carrier, receives the product.

During the cooling-off period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they make use of their right of withdrawal, they will return the product with all accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 30 days of receiving the product. The consumer must do this in the form of a written notification or email. After the consumer has expressed their wish to exercise the right of withdrawal, they must return the product within 14 days. The consumer must prove that the delivered product was returned in time, for example, by means of proof of shipment.

If the consumer has not expressed their intention to exercise the right of withdrawal within the time periods specified in paragraphs 2 and 3, or if the product has not been returned to the entrepreneur, the purchase is a fact.

Article 7 - Costs in case of withdrawal

If the consumer exercises their right of withdrawal, the return shipping costs will 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 14 days after the withdrawal, provided that the goods have already been received by the entrepreneur or conclusive proof of complete return can be provided.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer from the right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:

  • That have been created by the entrepreneur according to the consumer's specifications;
  • That are clearly personal in nature;
  • That cannot be returned due to their nature;
  • That spoil or age quickly;
  • Whose price depends on fluctuations in the financial market that the entrepreneur cannot influence;
  • For single newspapers and magazines;
  • For audio and video recordings and computer software where the consumer has broken the seal; and
  • For hygiene products where the seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

  • Relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
  • Where the delivery has begun with the consumer's express consent before the cooling-off period has expired;
  • Regarding betting 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.

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that the entrepreneur has no influence over, with variable prices. This link to fluctuations and the fact that the stated prices are target prices will be stated in the offer.

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

Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

  • They are the result of statutory regulations or provisions; or
  • The consumer has the right to terminate the contract as of the day the price increase takes effect.

Pursuant to Article 5, paragraph 1 of the 1968 VAT Act, the place of delivery is the country where transportation begins. In that case, delivery takes place outside the EU. Accordingly, the postal or courier company will charge VAT on importation and/or customs clearance costs to the customer. Therefore, the entrepreneur will not charge VAT.

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

Article 10 - Compliance and warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing statutory provisions and/or government regulations on the date the contract is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 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 each 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 altered the delivered products themselves or had them repaired and/or altered by third parties;
  • The delivered products have been exposed to abnormal conditions or otherwise carelessly or contrary to the entrepreneur's instructions and/or treated improperly on the packaging;
  • The defect is wholly or partially the result of regulations that the government has laid down or will lay down regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

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

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

With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or can only partially be carried out, the consumer will be notified 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 is entitled to any compensation.

In case of dissolution 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 dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement item available. No later than the delivery, it will be stated clearly and understandably that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are at the expense of 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 pre-designated representative made known to the entrepreneur unless otherwise expressly agreed.

Article 12 - Continuation of work: duration, termination, and extension

Planning

The consumer can terminate a contract that has been concluded for an indefinite period and that extends to 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.

The consumer can terminate a contract concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer can terminate the agreements referred to in the previous paragraphs:

  • At any time, and not just at a specific time or during a specific period;
  • At least in the same way as they were concluded by the consumer;
  • Always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

A contract that has been concluded for a definite period and relates to the regular supply of goods (including electricity) or services cannot be tacitly extended or renewed for a fixed period.

In deviation from the previous paragraph, a contract concluded for a definite period for the regular supply of daily and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can terminate the extended contract at the end of the extension period with a notice period of no more than one month.

A contract concluded for a definite period relating to the regular supply of goods or the provision of services may only be tacitly extended for an indefinite period if the consumer can terminate the contract at any time with a notice period of no more than one month, or in the case of a contract for the regular supply of daily, weekly, and monthly newspapers or magazines, no more than three months.

A temporary contract for the regular delivery of daily, weekly, and monthly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after 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 no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

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 a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.

The consumer has a duty to report inaccuracies in payment details provided or stated without delay to the entrepreneur.

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

Article 14 - Complaints

Complaints about the performance of the contract must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the 14-day period with a notice 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 will arise that is subject to the dispute settlement procedure.

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

If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - 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 resides abroad.