terms and conditions
If you don’t feel like reading these: this entire piece of text can be summarised as “Let’s all just try and be reasonable people, okay?” You should still read it though.
General Terms and Conditions
Article 1 – Definitions
- In these Terms and Conditions, the following terms shall have the following meanings:
- Reflection period: the period during which the Consumer may use his right of withdrawal;
- Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
- Day: calendar day;
- Working days: all days, except Saturdays, Sundays, January 1st, Easter Monday, Good Friday, Ascension Day, 2nd day of Pentecost, 1st and 2nd Christmas day, national holidays that have already been or are being proclaimed by the government and the day on which the king's birthday is officially celebrated;
- Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
- Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
- Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
- Entrepreneur: the legal person who provides products and or services to Consumers at a distance;
- Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organized system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
- Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1. Annex 1 does not have to be made available if the consumer does not have the right of withdrawal in respect of his order;
- Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.
Article 2 – The Entrepreneur’s identityjimmyjoy.com Archangelkade 17D 1013BE Amsterdam – The Netherlands Chamber of Commerce number 61503150 VAT identification number NL854370390B01
Article 3 – Applicability
- These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
- Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
- If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
- In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
Article 4 – The offer
- If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
- The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.
- All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- the price including taxes;
- the possible costs of delivery;
- the manner in which the agreement will be concluded and which actions are necessary;
- whether or not to the right of withdrawal is a applicable;
- 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 level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the basic rate;
- if the agreement is filed after the conclusion, how this can be consulted for the consumer;
- the way in which the consumer can obtain information about the undesirable actions he or she wishes to take before concluding the contract, as well as the way in which he can rectify these before the contract is concluded;
- the minimum duration of the distance contract in case of an agreement that extends to the continuous or periodic delivery of products or services.
Article 5 – The contract
- Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
- If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
- If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
- The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
- Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
- the visiting address of the Entrepreneur´s business establishment where the Consumer may get into contact with any complaints;
- the information corresponding to existing after-sales services and guarantees;
- the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
- In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
- The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
- The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or
- if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the last product. The Entrepreneur may refuse an order of several products with different delivery dates provided that he clearly informs the Consumer prior to the order process.
- in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part.
- in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed by him received the first product.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
Article 7 – Consumer’s obligations during the time of reflection
1. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
- If the consumer exercises his right of withdrawal, he will report this within the reflection period of 14 working days by means of the standard form for withdrawal or otherwise unambiguously to the entrepreneur.
- If the consumer exercises his right of withdrawal, he 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 product is reduced in value as a result of a way of handling the product that goes further than permitted in paragraph 1, the consumer is liable for this reduction in value.
Article 8 – Costs in case of withdrawal
The Consumer shall bear the direct costs of returning the product. If the Entrepreneur has not reported that the Consumer has to bear these costs or if the Entrepreneur pointed out that he will bear the costs himself, the Consumer need not pay the cost of returning the product.
Article 9 - Exclusion of the right of withdrawal
- The Entrepreneur can exclude the following products mentioned in paragraph 2 from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement.
- Exclusion of the right of withdrawal is only possible for products which:
- have been created in accordance with the specifications of the consumer;
- are clearly personal in nature;
- can not be returned due to their nature;
- are perishable or products with a limited durability;
- are sealed for health or hygiene reasons not suitable for being returned and of which the seal was broken;
- for their nature are irreversibly mixed with other products;
- have a price that is subject to fluctuations in the financial market on which the Entrepreneur has no influence and which may occur within the period of withdrawal.
Article 10 - The price
- The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price 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 are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
- Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
- Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and
- they are the result of legal regulations or stipulations, or
- the Consumer has the authority to cancel the contract before the day on which the price increase starts.
- All prices indicated in the provision of products or services are including VAT.
Article 11 – Performance of an agreement and extra Guarantee
1. The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.
2. An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations if the Entrepreneur has failed in the fulfilment of his part of the agreement.
Article 12 – Delivery and execution
- The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
- The place of delivery is at the address given by the Consumer to the Entrepreneur.
- With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
- After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
- If delivery of an ordered product proves to be impossible, the entrepreneur will endeavour to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items the right of withdrawal can not be excluded. The costs of any return shipment are at the expense of the entrepreneur.
6. The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.
Article 13 – Continuing performance agreements: duration, termination and renewal
1. The Consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to not more than one month’s notice.
2. A contract that has been entered into for a definite period has a maximum term of two years.
3. An agreement concluded for a definite period which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
4. If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed term.
Article 14 – Payment
- Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the Consumer received the confirmation of the agreement.
- When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed, the Consumer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.
- The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
4. In case the Consumer has not complied with his payment obligation(s) in time, and the Entrepreneur has pointed out to him that the payment was late and allowed the Consumer a period of 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and the Entrepreneur is entitled to charge the Consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. The Entrepreneur may deviate from the aforementioned amounts and percentages in favor of the Consumer.
Article 15 – Complaints procedure
- The Entrepreneur shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
- Complaints about the performance of the contract shall be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Consumer discovered the defects
- The complaints submitted to the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
Article 16 - Additional provisions or derogations
Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.
Article 17 – Customer questions and product descriptions
We have every confidence in our products and try to describe the products as well as possible and to answer customer questions as well as possible. However, we are not doctors, therefore jimmyjoy.com makes no claims about diagnosis, treatment, cure or disease prevention. The content of this website is intended for informational purposes only. The information on this website has not been evaluated by medical experts and cannot be considered as medical advice. Therefore always consult a medically qualified physician before you start with the (additional) diet.
Article 18 - Intellectual property
The consumer explicitly acknowledges that all intellectual property rights of displayed information, announcements or other expressions relating to the products and / or relating to the internet site are vested in the entrepreneur, its suppliers or other entitled parties.
Article 19 - Personal data
Article 20 - Applicable law and disputes
- Dutch law shall apply to all contracts.
- Only the Dutch civil judge sitting in the place of the entrepreneur registered offices shall hear any disputes, unless this should be in conflict with mandatory law. The contractor may depart from these rules of jurisdiction and apply the statutory rules of jurisdiction.
- The Parties may agree on another form of dispute settlement, such as arbitration or mediation.
- The applicability of the Vienna Sales Convention is expressly excluded.
Article 21 – Links