Terms of Conditions
GENERAL 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 exercise their right of withdrawal.
Consumer: the 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 performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable data carrier: any means that enables the consumer or trader to store information that is addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period.
Trader: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: a contract whereby, within the framework of a system organised by the trader for the distance sale of products and/or services, 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: any means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously present in the same space.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Company name: Jack&Willow londen
Company address: [Upon Request]
Email: info@Jackwillowlonden.com
Chamber of Commerce number: [88704114]
VAT identification number: [NL004642432B62]
Article 3 – Applicability
These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
Prior to the conclusion of the distance contract, 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 conclusion of the contract where the terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from paragraph 2, be made available electronically in such a way that the consumer can easily store them on a durable data carrier.
If, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs 2 and 3 shall apply mutatis mutandis and, in the event of a conflict, the consumer may invoke the provision that is most favourable to him.
If one or more provisions in these terms and conditions are wholly or partially invalid or are annulled, the agreement and these terms and conditions will remain in force for the rest and the provision in question will be replaced by a provision that approximates the meaning of the original as closely as possible.
Unregulated situations and ambiguities regarding the interpretation of provisions shall be assessed and interpreted in the spirit of these terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated.
The offer is without obligation. Jack&Willow londen is entitled to change and adapt the offer.
products and/or services, sufficiently detailed to enable the consumer to make a proper assessment. Images are a true representation; obvious mistakes or errors are not binding on the trader.
All images, specifications and data are indicative and cannot give rise to compensation or termination. Jack&Willow londen cannot guarantee that the colours displayed correspond exactly to the actual colours of the products.
The offer clearly states the rights and obligations associated with acceptance, in particular:
the price, excluding customs clearance costs and import VAT (these additional costs and any amounts collected by the postal/courier service are at the expense of the recipient);
any shipping costs;
the manner in which the agreement is concluded and the actions required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance;
the period for acceptance of the offer or the period during which the price is guaranteed;
the rate for remote communication if this differs from the basic rate;
whether the agreement will be archived and, if so, how it can be consulted by the consumer;
the manner in which the consumer can check and correct the information provided by him before concluding the agreement;
any other languages available besides Dutch;
the codes of conduct to which Jack&Willow londen is subject and how these can be consulted electronically;
the minimum duration of a long-term transaction;
(optional) available sizes, colours and materials.
Article 5 – The agreement
The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, Jack&Willow londen will immediately confirm receipt of the acceptance electronically. As long as this receipt has not been confirmed, the consumer can terminate the agreement.
In the case of an agreement concluded electronically, Jack&Willow londen will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. Appropriate security measures will be taken for electronic payments.
Jack&Willow londen may – within legal frameworks – verify whether the consumer can meet their payment obligations and all facts and factors that are important for a responsible conclusion of the agreement. If there are good grounds for this, Jack&Willow londen may refuse an order or attach special conditions.
Jack&Willow londen shall include the following information with the product or service (on paper or in a durable electronic form):
the visiting address where the consumer can submit complaints;
the conditions and manner of exercising the right of withdrawal, or a clear statement if this is excluded;
information about guarantees and existing after-sales service;
the information referred to in Article 4(5) (insofar as not already provided);
the termination requirements if the agreement lasts longer than one year or is of indefinite duration.
In the case of a continuing performance contract, paragraph 5 only applies to the first delivery.
Every agreement 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 right to terminate the agreement within 14 days without giving reasons. The period commences on the day after receipt by the consumer or their designated representative.
During the cooling-off period, the consumer shall handle the product and packaging with care; unpacking/use shall be limited to what is necessary to determine the nature, characteristics and functioning of the product. In the event of withdrawal, the consumer shall return the product – with all accessories and, if reasonably possible, in its original condition and packaging – in accordance with the reasonable, clear instructions provided by Jack&Willow londen.
The consumer shall notify Jack&Willow londen in writing (by email) within 14 days of receipt that they are exercising their right of withdrawal and shall then return the product within 14 days. The consumer shall provide proof of timely return, for example by means of a proof of shipment.
If the consumer does not withdraw or return the product in time, the purchase is final.
Article 7 – Costs in case of withdrawal
When exercising the right of withdrawal, the return costs are borne by the consumer.
Amounts already paid will be refunded by Jack&Willow londen as soon as possible, but no later than 14 days after withdrawal, on condition that the product has been received or the consumer has provided conclusive proof of complete return.
Article 8 – Exclusion of right of withdrawal
Jack&Willow londen may exclude the right of withdrawal for products/services as listed below, provided this is clearly stated in the offer, at least in good time before the conclusion of the agreement.
Exclusion is possible for products:
that are manufactured according to the consumer's specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
whose price depends on fluctuations in the financial market over which Jack&Willow londen has no influence;
individual newspapers and magazines;
audio and video recordings and computer software whose seal has been broken;
hygiene products whose seal has been broken.
Exclusion is possible for services:
relating to accommodation, transport, restaurant services or leisure activities on a specific date or during a specific period;
the delivery of which has begun with the consumer's express consent before the end of the cooling-off period;
relating to betting and lotteries.
Article 9 – The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for changes resulting from changes in VAT rates.
Contrary to paragraph 1, Jack&Willow londen may offer products or services whose prices are subject to fluctuations in the financial market and over which Jack&Willow londen has no influence, at variable prices. In that case, it will be stated that the prices quoted are target prices.
Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if this has been stipulated and:
they are the result of statutory regulations or provisions; or
the consumer may terminate the agreement with effect from the day on which the price increase takes effect.
In accordance with Section 5(1) of the 1968 Turnover Tax Act, the place of delivery is the country where transport commences. Delivery takes place outside the EU. Upon import, import VAT and/or customs clearance costs will be collected from the customer by the postal or courier service. Jack&Willow londen therefore does not charge VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of such errors. In the event of printing and typesetting errors, Jack&Willow londen is not obliged to deliver the product at the incorrect price.
Article 11 – Delivery and execution
Jack&Willow londen will exercise the utmost care in receiving and executing orders.
The place of delivery is the address that the consumer has provided to Jack&Willow londen.
Orders will be executed as soon as possible, within 30 days at the latest, unless a longer delivery period has been agreed. If delivery is delayed or cannot be executed (in full), the consumer will be notified within 30 days at the latest. In that case, the consumer may terminate the contract free of charge and is entitled to a refund within 14 days.
If delivery of an ordered product proves impossible, Jack&Willow londen will endeavour to deliver a replacement item. This will be clearly stated upon delivery of a replacement item. Return costs for replacements are borne by Jack&Willow londen.
The risk of damage and/or loss of products rests with Jack&Willow londen until the moment of delivery to the consumer or their representative, unless expressly agreed otherwise.
Article 12 – Long-term transactions: duration, termination and renewal
Termination
The consumer may terminate an agreement for an indefinite period, which extends to the regular delivery of products or services, at any time with due observance of a notice period of up to one month.
The consumer may terminate a fixed-term agreement for the regular delivery of products or services at any time at the end of the fixed term, subject to a notice period of no more than one month.
The consumer may always terminate the agreements referred to in paragraphs 1 and 2:
at any time and not limited to a specific time or period;
in the same manner as they were entered into;
with the same notice period as Jack&Willow londen has stipulated for itself.
Renewal
4. A fixed-term contract may not be tacitly renewed or extended, except:
subscriptions to daily, news and weekly newspapers that are tacitly renewed for a maximum of three months, with a notice period of one month;
agreements that are tacitly renewed for an indefinite period, whereby the consumer may terminate at any time with a notice period of no more than one month (or three months if delivery takes place less than once a month).
Trial or introductory subscriptions end automatically at the end of the agreed period.
Duration
6. If an agreement lasts longer than one year, the consumer may terminate it at any time after one year with a notice period of up to one month, unless this is contrary to reasonableness and fairness.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period (Article 6, paragraph 1). In the case of a service, the period commences after confirmation of the agreement.
The consumer is obliged to report any inaccuracies in the payment details provided or stated immediately.
In the event of non-payment, Jack&Willow londen has the right, subject to legal restrictions, to charge the consumer reasonable (collection) costs.
Article 14 – Complaints Procedure
Complaints about the performance of the agreement must be submitted to Jack&Willow londen in writing, fully and clearly described, within 7 days of discovery.
The consumer will receive a response within 14 days of receipt of the complaint. If the handling of the complaint requires more time, the consumer will receive a confirmation of receipt within 14 days, indicating the period required.
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 consumer's obligations, unless Jack&Willow londen indicates otherwise in writing.
If a complaint is found to be justified, Jack&Willow londen will, at its discretion, replace or repair the products free of charge.
Article 15 – Disputes
Agreements between Jack&Willow londen and the consumer to which these terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
Article 16 – CESOP
In connection with the measures to be introduced from 2024 onwards with regard to the Act amending the Turnover Tax Act 1968 (implementation of the Payment Services Directive) and the implementation of the central electronic system for payment information (CESOP), payment service providers may register data in the European CESOP system.