Terms and Conditions

General Terms and Conditions

Table of contents

Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Costs in the event of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and performance
Article 12 – Continuing contracts: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or differing provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal; read all about the cooling-off period.

Consumer: a natural person who is not acting in the course of a profession or business and enters into a distance contract with the trader.

Day: calendar day.

Continuing contract: a distance contract relating to a series of products and/or services, under which the obligation to supply and/or purchase is spread over time.

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

Right of withdrawal: the consumer's right to withdraw from a distance contract within the cooling-off period.

Model form: the model withdrawal form provided by the trader, which the consumer may complete when they wish to exercise their right of withdrawal.

Trader: a natural or legal person who offers products and/or services to consumers by means of distance selling.

Distance contract: a contract concluded under an organised distance sales system operated by the trader for products and/or services, using exclusively one or more means of distance communication up to and including the conclusion of the contract.

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

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

Article 2 – Identity of the trader

MJM Commerce
Willem-Alexanderstraat 54
1432 HM Aalsmeer
The Netherlands

Telephone: (029) 727-6003
Email: info@bymjm.com
Chamber of Commerce registration number (KVK): 51596296
VAT identification number: NL001762669B14

Article 3 – Applicability

These General Terms and Conditions apply to every offer made by the trader and to every distance contract concluded and order placed between the trader 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, the consumer will be informed before the distance contract is concluded that the General Terms and Conditions are available for inspection 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, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these General Terms and Conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge, electronically or otherwise, upon request.

If specific product or service terms also apply in addition to these General Terms and Conditions, the second and third paragraphs apply accordingly. In the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favourable to them.

If one or more provisions of these General Terms and Conditions are at any time wholly or partly void or annulled, the contract and these terms and conditions will otherwise remain in force. The provision concerned will be replaced without delay, by mutual agreement, with a provision that reflects the meaning and purpose of the original provision as closely as possible.

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

Any ambiguity concerning 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 expressly stated in the offer.

The offer is non-binding. The trader is entitled to change and amend 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 trader uses images, these accurately represent the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.

All images, specifications and information in the offer are indicative and cannot give rise to compensation or termination of the contract.

Product images accurately represent the products offered. The trader cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.

Each offer contains information that makes clear to the consumer the rights and obligations associated with accepting the offer. This concerns, in particular:

- the price, including taxes;
- any shipping costs;
- how the contract will be concluded and the steps required to conclude it;
- whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the contract;
- the period for accepting the offer or the period during which the trader guarantees the price;
- the charges for distance communication, if the cost of using the means of distance communication is calculated on a basis other than the standard basic rate for the means of communication used;
- whether the contract will be archived after it has been concluded and, if so, how the consumer can access it;
- how the consumer can check and, if desired, correct the information they have provided in connection with the contract before the contract is concluded;
- any other languages, in addition to Dutch, in which the contract may be concluded;
- the codes of conduct to which the trader has committed and how the consumer can consult these codes electronically; and
- the minimum duration of the distance contract in the case of a continuing contract.

Article 5 – The contract

Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and fulfils the conditions set out in it.

If the consumer has accepted the offer electronically, the trader will promptly confirm receipt of that acceptance electronically. Until the trader has confirmed receipt of the acceptance, the consumer may terminate the contract.

If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and provide a secure web environment. If the consumer can pay electronically, the trader will take appropriate security measures for this purpose.

Within the limits of the law, the trader may investigate whether the consumer can meet their payment obligations, as well as any facts and factors relevant to entering into the distance contract responsibly. If, based on this investigation, the trader has good grounds not to enter into the contract, the trader is entitled to refuse an order or application, stating the reasons, or to attach special conditions to its performance.

The trader will provide the consumer with the following information together with the product or service, in writing or in a way that enables the consumer to store it accessibly on a durable medium:

- the visiting address of the trader's establishment where the consumer can submit complaints;
- the conditions under which, and the manner in which, the consumer may exercise their right of withdrawal, or a clear statement that the right of withdrawal is excluded;
- information about warranties and existing after-sales service;
- the information referred to in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer before performance of the contract;
- the requirements for terminating the contract if it has a duration of more than one year or is for an indefinite period.

In the case of a continuing contract, the provision in the preceding paragraph applies only to the first delivery.

Every contract is entered into subject to the suspensive condition that the products concerned are sufficiently available.

Article 6 – Right of withdrawal

For the supply of products:

The consumer has the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day on which the consumer, or a third party designated by the consumer other than the carrier, acquires physical possession of the product. If several products from one order are delivered separately, the period begins on the day after receipt of the last product.

During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack and inspect the product to the extent necessary to establish its nature, characteristics and functioning, as they would be able to do in a shop.

To exercise the right of withdrawal, the consumer must inform the trader of their decision to withdraw from the contract by means of an unequivocal statement before the withdrawal period expires. This may be done, for example, by email or using the model withdrawal form. Use of this form is not mandatory.

The consumer must send the product back or hand it over to the trader as soon as possible, but no later than 14 days after notifying the trader of the withdrawal. The deadline is met if the product is sent back before this period expires.

The product must be returned with all accessories supplied and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear return instructions provided by the trader.

The consumer bears the burden of proving that the right of withdrawal was exercised correctly and on time. The consumer should therefore retain the withdrawal notification and proof of return shipment.

For the supply of services:

When entering into a distance contract for the supply of services, the consumer has the right to withdraw from the contract within 14 days without giving any reason, unless a statutory exception applies. The cooling-off period begins on the day after the contract is concluded.

To exercise the right of withdrawal, the consumer must inform the trader of their decision by means of an unequivocal statement before the withdrawal period expires. This may be done, for example, by email or using the model withdrawal form. Use of this form is not mandatory.

Article 7 – Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, they will bear no more than the costs of returning the product.

If the consumer has paid an amount, the trader will refund that amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the online retailer has already received the product back or that conclusive proof of the complete return shipment can be provided. The refund will be made using the same payment method used by the consumer, unless the consumer expressly agrees to a different payment method.

If the product is damaged as a result of careless handling by the consumer, the consumer is liable for any reduction in the value of the product.

The consumer cannot be held liable for a reduction in the value of the product if the trader has not provided all legally required information about the right of withdrawal. This information must be provided before the purchase contract is concluded.

Article 8 – Exclusion of the right of withdrawal

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

The right of withdrawal may only be excluded for products:

- made by the trader according to the consumer's specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that may deteriorate or become outdated quickly;
- whose price is linked to fluctuations in the financial market over which the trader has no influence;
- consisting of individual newspapers and magazines;
- consisting of audio or video recordings or computer software where the consumer has broken the seal;
- consisting of hygiene products where the consumer has broken the seal.

The right of withdrawal may only be excluded for services:

- relating to accommodation, transport, catering or leisure activities to be provided on a specific date or during a specific period;
- whose provision has begun with the consumer's express consent before the cooling-off period has expired;
- relating to betting and lotteries.

Article 9 – The price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the preceding paragraph, the trader may offer products or services at variable prices where those prices are linked to fluctuations in the financial market over which the trader has no influence. This dependence on fluctuations and the fact that any prices quoted are indicative prices will be stated in the offer.

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

Price increases from three months after the conclusion of the contract are permitted only if the trader has stipulated this and:

- they result from statutory regulations or provisions; or
- the consumer is entitled to terminate the contract with effect from the date on which the price increase takes effect.

The prices stated in the offer for products or services include VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of such errors, the trader is not obliged to supply the product at the incorrect price.

Article 10 – Conformity and warranty

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

A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the contract.

Any defects or incorrectly delivered products must be reported to the trader in writing within two months of delivery. Products must be returned in their original packaging and in as-new condition.

The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader 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 modified the supplied products themselves or has had them repaired and/or modified by third parties;
- the supplied products have been exposed to abnormal conditions, have otherwise been handled carelessly, or have been handled contrary to the trader's instructions and/or the instructions on the packaging;
- the defect is wholly or partly the result of government regulations that have been or will be imposed regarding the nature or quality of the materials used.

Article 11 – Delivery and performance

The trader will exercise the greatest possible care when receiving and fulfilling orders for products and when assessing requests for the provision of services.

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

Subject to the provisions of paragraph 4 of this article, the company will fulfil accepted orders with due speed, but 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 fulfilled or can only be fulfilled in part, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer is entitled to terminate the contract free of charge. The consumer is not entitled to compensation.

All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a delivery period does not entitle the consumer to compensation.

In the event of termination in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.

If delivery of an ordered product proves impossible, the trader will make an effort to provide a replacement item. The consumer will be informed clearly and comprehensibly that a replacement item is being supplied, no later than at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The trader will bear the costs of any return shipment.

The risk of damage to and/or loss of products rests with the trader until delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 – Continuing contracts: duration, termination and renewal

Termination

The consumer may terminate a contract entered into for an indefinite period for the regular supply 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 may terminate a fixed-term contract for the regular supply of products, including electricity, or services at any time with effect from the end of the agreed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the contracts referred to in the preceding paragraphs:

- at any time, without being restricted to termination at a particular time or during a particular period;
- at least by the same method by which they entered into the contract;
- always with the same notice period that the trader has stipulated for themselves.

Renewal

A fixed-term contract for the regular supply of products, including electricity, or services may not be tacitly extended or renewed for a fixed period.

Notwithstanding the preceding paragraph, a fixed-term contract for the regular supply of daily newspapers, news publications, weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, provided that the consumer can terminate the renewed contract with effect from the end of the renewal period with a notice period of no more than one month.

A fixed-term contract for the regular supply of products or 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. For contracts involving the regular supply of daily newspapers, news publications, weekly newspapers and magazines less than once a month, the notice period may be no more than three months.

A contract of limited duration for the regular supply of daily newspapers, news publications, weekly newspapers and magazines for trial or introductory purposes (a trial or introductory subscription) will not be tacitly continued and will end automatically upon expiry of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless the requirements of reasonableness and fairness preclude termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within seven 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 is obliged to notify the trader promptly of any inaccuracies in the payment details provided or stated.

In the event of non-payment by the consumer, the trader is entitled, subject to statutory limitations, to charge the reasonable costs communicated to the consumer in advance.

Article 14 – Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with that procedure.

Complaints about the performance of the contract must be submitted to the trader with a full and clear description within two months after the consumer has discovered the defects.

Complaints submitted to the trader will be answered within 14 days of receipt. If a complaint is expected to require a longer processing time, the trader will respond within those 14 days 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 states otherwise in writing.

If the trader considers a complaint justified, the trader will, at their discretion, replace or repair the supplied products free of charge.

Article 15 – Disputes

Contracts between the trader and the consumer to which these General Terms and Conditions apply are governed exclusively by Dutch law. This also applies if the consumer resides abroad.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Article 16 – Additional or differing provisions

Provisions that supplement or differ from these General Terms and Conditions may not be to the detriment of the consumer and must be recorded in writing or in a way that enables the consumer to store them accessibly on a durable medium.