General Terms & Conditions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Reflection period: the period within which the consumer can exercise
right of withdrawal;
Consumer: the natural person who is not acting in the
exercise of profession or business and enters into a distance contract
enters into a distance contract with the trader;
Day: calendar day;
Duration transaction: a distance contract relating to
a series of products and/or services, of which the delivery and/or
purchase obligation is spread over time;
Durable data carrier: every means that enables the consumer or
entrepreneur to enable information that is addressed to him personally
addressed to him in a way that allows future consultation and
unaltered reproduction of the stored information possible
.
Right of withdrawal: the possibility for the consumer to, within
the cooling-off period to waive the distance contract;
Entrepreneur: the natural or legal person who offers products and/or
services to consumers at a distance;
Entrepreneur: the natural or legal person offering products and/or services to consumers remotely;
Distance contract: an agreement whereby, within the framework
of a system organised by the entrepreneur for distance sales
distance selling of products and/or services, up to and including the conclusion of
the agreement exclusively uses one or
more techniques for distance communication;
Technique for distance communication: means that can be
used for concluding an agreement, without the
consumer and entrepreneur are simultaneously in the same room
come together.
General terms and conditions: the present general terms and conditions
of the entrepreneur.
Article 2 - Identity of the entrepreneur
Company name: Jemshop V.O.F.
2728GP, Zoetermeer, the Netherlands.
Trade name: SiQwa London
Chamber of Commerce number: 93641559
VAT number: NL866477597B01
E-mail address: info@siqwa.com
Article 3 - Applicability
These general terms and conditions apply to every offer of
the entrepreneur and to every distance contract concluded
distance and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text
of these general terms and conditions is made available to the consumer.
made available. 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 entrepreneur's premises and that they will be made available at the
request of the consumer as soon as possible be sent free of charge.
sent.
If the distance contract is concluded electronically, it is possible
notwithstanding the previous paragraph and before the distance contract is
distance is concluded, the text of these general terms and conditions
be made available to the consumer electronically in such
provided in such a way that it can be stored by the consumer in a
simple manner can be stored 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 inspected electronically and
become known and that at the consumer's request they
will be sent electronically or otherwise free of charge.
sent.
In case in addition to these general terms and conditions
specific product or service conditions apply, the
the second and third paragraphs shall apply mutatis mutandis and the
consumer may in the event of conflicting general terms and conditions
always rely on the applicable provision which is most favourable to him.
most favourable.
If one or more provisions in these general terms and conditions
are at any time wholly or partially void or annulled, the
the agreement and these terms and conditions shall otherwise remain in
remain in force and the provision concerned shall in mutual consultation be
replaced immediately by a provision that approaches the purport of the original provision as closely as possible.
the original as closely as possible.
Situations not covered by these general terms and conditions
are to be assessed ‘in the spirit’ of these general
terms and conditions.
Uncertainties regarding the interpretation or content of one or more
provisions of our terms and conditions are to be interpreted ‘in the spirit
the spirit' of these general terms and conditions.
Article 4 - The offer
If an offer has a limited period of validity or is made under
conditions, this will be explicitly mentioned in the offer.
stated.
The offer is without obligation. The entrepreneur is entitled to change
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 a proper assessment of the offer by the
consumer as possible. If the entrepreneur makes use
of images, these are a truthful representation of the
products and/or services offered. Obvious mistakes or errors
errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative
and cannot be a reason for compensation or dissolution of the agreement.
of the agreement.
Images of products are a true representation of the products offered.
of the products offered. Entrepreneur cannot guarantee
that the colours displayed correspond exactly to the actual
colours of the products.
Each offer contains such information, that for the consumer
clear what the rights and obligations are, which are attached to the
acceptance of the offer are attached. This concerns in particular
in particular:
the price excluding customs clearance costs and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will make use of the special regulation for postal and courier services with regard to imports. This scheme applies if the goods are imported into the EU country of destination, which is the case in the present case. The postal and or courier service collects VAT (whether or not together with the customs clearance fees charged) from the recipient of the goods;
any dispatch costs;
the way in which the contract will be concluded and which
actions required for that purpose;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer, or the period
within which the trader guarantees the price
the height of the tariff for distance communication if the
costs of using the technology for distance communication are calculated on a
distance communication are calculated on a basis other than the regular
basic rate for the means of communication used;
whether the contract is archived after its conclusion, and if
yes in which way it can be consulted by the consumer;
the manner in which the consumer, before concluding the
agreement, the information provided by him in the context of the agreement
can check and, if desired, repair the data provided by him under the agreement
any languages other than Dutch in which the
agreement can be concluded;
the codes of conduct to which the trader is subject
and the way the consumer can consult these codes of conduct via
electronic way; and
the minimum duration of the distance contract in case of a
duration transaction. Optional: available sizes, colours, type of materials.
Article 5 - The agreement
The agreement, subject to the provisions of paragraph 4,
established at the moment of acceptance by the consumer of
the offer and the fulfilment of the conditions thereby stipulated.
If the consumer has accepted the offer electronically
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of
receipt of the acceptance of the offer. As long as the
receipt of this acceptance has not been confirmed by the operator
confirmed, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the
entrepreneur will take appropriate technical and organisational measures
to secure the electronic transfer of data and shall ensure a safe web
for a secure web environment. If the consumer is able to
can pay, the entrepreneur will observe appropriate
security measures.
The entrepreneur may - within legal frameworks - to inform
whether the consumer can meet his payment obligations
meet his payment obligations, as well as of all those facts and factors that are important for a responsible
a responsible conclusion of the remote agreement. If
the entrepreneur has good grounds on the basis of this investigation
not to enter into the agreement, he is entitled to refuse an order or
refuse an order or application or to attach special
attach special conditions.
With the product or service, the entrepreneur will provide the consumer with the
following information, in writing or in such a way that it can be
the consumer in an accessible manner can be stored
on a durable data carrier, include:
- the visiting address of the branch of the entrepreneur where the
- consumer can go to with complaints;
- b. the conditions on which and the way in which the consumer can make use of
- right of withdrawal, or a clear indication of the exclusion of the right of withdrawal.
- notification regarding the exclusion of the right of withdrawal;
- c. the information on guarantees and existing after-sales service;
- d. the data included in article 4 paragraph 3 of these conditions,
- unless the entrepreneur has already provided the consumer with these details
- provided before the implementation of the agreement;
- e. the requirements for terminating the agreement if the
- agreement has a duration of more than one year or is of
- indefinite duration.
In case of a duration transaction, the provision in the previous paragraph only applies
applies to the first delivery.
Each agreement is entered into under the suspensive
conditions of sufficient availability of the relevant
products.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the possibility of
to dissolve the agreement without giving reasons
for a period of 14 days. This cooling-off period commences on the day after
receipt of the product by the consumer or a previously designated
consumer and made known to the entrepreneur
representative.
During the reflection period, the consumer will treat the
product and the packaging. He will only unpack or use the product to the extent
unpack or use the product to the extent necessary to be able to
assess whether he wishes to keep the product. If he exercises his
right of withdrawal, he shall return the product with all
accessories and - if reasonably possible - in the original condition and
original condition and packaging to the entrepreneur,
in accordance with the reasonable and clear instructions provided by the entrepreneur.
instructions.
If the consumer wishes to exercise his
right of withdrawal, he is obliged to do so within 14 days after receipt of the product.
of the product to the entrepreneur. The consumer
consumer must do so by means of a written message/
e-mail. After the consumer has made it known that he
right of withdrawal, the consumer must return the product within
return the product within 14 days. The consumer must prove
that the delivered goods have been returned in time, for example through
by means of proof of dispatch.
If, after expiry of the periods referred to in paragraphs 2 and 3, the customer
has not made it known that he wishes to exercise his
right of withdrawal or has not returned the product to the trader, the
returned, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the following will be charged
costs for returning the products are at the expense of the consumer.
of the consumer.
If the consumer has paid an amount, the entrepreneur will
refund this amount as soon as possible, but at the latest within 14 days after
after the withdrawal. This is subject to the condition that the
product has already been received back by the entrepreneur or conclusive
proof of complete return.
Article 8 - Exclusion of the right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal
exclude products as described in paragraphs 2 and 3. The
exclusion of the right of withdrawal only applies if the
entrepreneur clearly stated this in the offer, or at least in good time before concluding the
of the contract.
Exclusion of the right of withdrawal is only possible for
products:
- that have been created by the entrepreneur in accordance with
- specifications of the consumer;
- b. that are clearly personal in nature
- c. that cannot be returned due to their nature;
- d. that spoil or age quickly;
- e. whose price is subject to fluctuations on the 7nancial
- market on which the entrepreneur has no influence;
- f. for single newspapers and magazines;
- g. for audio- and video recordings and computer software of which the
- consumer has broken the seal
- h. for hygienic products of which the consumer has broken the seal.
- has broken the seal.
Exclusion of the right of withdrawal is only possible for
services:
- concerning accommodation, transport, restaurant business or leisure activities
- to be performed on a certain date or during a certain
- period;
- b. the delivery of which, with the express consent of the
- consumer has started before the cooling-off period has expired;
- c. concerning bets and lotteries.
Article 9 - The price
During the validity period stated in the offer, the
prices of the offered products and/or services are not increased,
except for price changes as a result of changes in VAT
rates.
Contrary to the previous paragraph, the entrepreneur may offer products or
services of which the prices are subject to fluctuations on
the financial market and on which the entrepreneur has no influence,
with variable prices. This link to
fluctuations and the fact that any prices stated
are target prices, shall be stated with the offer.
Price increases within 3 months after the conclusion of the
agreement are only allowed if they are the result of
statutory regulations or provisions.
Price increases from 3 months after the conclusion of the
agreement are only allowed if the entrepreneur has
has stipulated it and:
- they are the result of legal regulations or stipulations; or
- b. the consumer has the authority to cancel the agreement
- from the day on which the price increase takes effect.
Pursuant to Article 5(1) of the Turnover Tax Act 1968, the delivery takes place in the country where the transport commences. In the present case, this delivery takes place outside EU. Following this, 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 misprints and typographical errors. For the consequences
consequences of printing and typing errors no liability is accepted.
accepted. In the event of printing and typesetting errors, the trader is not obliged to deliver the product
product according to the incorrect price.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services
comply with the agreement, the specifications mentioned in the offer and
specifications, to the reasonable requirements of reliability and/or
usability and the existing statutory provisions and/or
agreement existing legal provisions and/or
government regulations. If agreed, the
entrepreneur also guarantees that the product is suitable for other than normal
than normal use.
A guarantee provided by the trader, manufacturer or importer
does not affect the legal rights and claims that the
consumer under the agreement against the
entrepreneur can assert.
Any defects or incorrectly delivered products should be sent within
14 days after delivery to be reported to the entrepreneur in writing.
reported. The products must be returned in the original
original packaging and in new condition.
The guarantee period of the entrepreneur corresponds to the
factory guarantee period. However, the entrepreneur is never
responsible for the eventual suitability of the products for
for each individual application by the consumer, nor for any
any advice regarding the use or application of
the products.
The guarantee does not apply if:
The consumer has repaired and/or
processed or has had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal
exposed or otherwise carelessly treated or in violation of the
contrary to the instructions of the entrepreneur and/or on the
the packaging;
The inadequacy is entirely or partially the result of
regulations which the government has set or will set regarding
the nature or quality of the materials used.
Article 11 - Delivery and implementation
The entrepreneur will take the greatest possible care when receiving and
with the receipt and execution of product orders.
orders of products.
With due observance of that stated 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 can only be partially
executed, the consumer will be informed about this at the latest 30 days after
he has placed the order. In that case, the consumer
the right to dissolve the agreement without costs and
right to possible damages.
In case of dissolution in accordance with the previous paragraph, the entrepreneur will
the amount paid by the consumer as soon as possible,
but at the latest within 14 days after dissolution, refund.
If delivery of an ordered product turns out to be impossible, then
make an effort to provide a replacement product.
available. At the latest upon delivery, it will be clearly and
comprehensible manner that a replacement article is being
delivered. With replacement items, the right of withdrawal cannot
be excluded. The costs of any return shipment are
for the account 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 previously designated and communicated to the entrepreneur
unless explicitly agreed otherwise.
Article 12 - Duration transactions: duration, termination and extension
Termination
The consumer can terminate an indefinite agreement
entered into and which extends to the regular delivery of products
(including electricity) or services, at any time, with
with due observance of the agreed
notice of up to one month.
The consumer may terminate a fixed-term contract
entered into and which extends to the regular delivery of products
(including electricity) or services, at any time by the end of the fixed term.
the end of the fixed term with due observance of
agreed termination rules and a notice period
of no more than one month.
The consumer may terminate the
agreements:
terminate at any time and not be limited to termination at a
particular time or period;
at least terminate them in the same way as they were
entered into;
always terminate them with the same notice period as the entrepreneur has
has stipulated for himself.
Extension
A contract entered into for a definite period and which
to the regular delivery of products (including electricity) or services
or services, may not be tacitly extended or renewed for a fixed term.
renewed for a fixed term.
In deviation from the previous paragraph, an agreement entered into for a definite
entered into for a definite period of time and which extends to the regular delivery of daily
of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months.
renewed for a fixed term not exceeding three months, if the
consumer can terminate this extended agreement at the end of the extension with a
extension with a notice period not exceeding one month.
month.
An agreement entered into for a definite period of time that extends
regular delivery of products or services may only be
tacitly extended for an indefinite period of time if the
consumer may cancel at any time with a notice period of
a notice period not exceeding one month and a notice period not exceeding three
months in the event that the agreement provides for regular, but less
delivery of daily or weekly newspapers and magazines less than once a month.
newspapers and periodicals.
A contract with a limited duration for the regular delivery of daily
regular delivery of daily or weekly newspapers and magazines (trial or introductory period).
magazines (trial or introductory subscription) will not be
tacitly and ends automatically at the end of the trial or introductory period.
trial or introductory period.
Duration
If an agreement has a duration of more than one year, the
consumer may terminate the agreement at any time after one year with a
notice of up to one month, unless the
reasonableness and fairness oppose termination before the end of the
agreed duration.
Article 13 - Payment
Insofar as not otherwise agreed, the amounts owed by the
consumer should be paid within 7 working days
working days after the start of the reflection period as referred to in
article 6 paragraph 1. In the case of an agreement to provide a
service, this period shall commence after the consumer has received confirmation
of the agreement.
The consumer has the duty to immediately inform the
stated payment details to the entrepreneur without delay.
In case of non-payment by the consumer, the entrepreneur has
subject to legal restrictions, has the right to charge the reasonable
consumer in advance of the reasonable costs incurred.
charge.
Article 14 - Complaints procedure
Complaints about the execution of the agreement must be submitted within 7
days fully and clearly described and submitted to the
entrepreneur, after the consumer has discovered the defects.
Complaints are submitted to the entrepreneur 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 period of 14 days with a
replied with a notice of receipt and an indication of when
the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement
a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the obligations of the entrepreneur
unless the entrepreneur indicates otherwise in writing.
If a complaint is found well-founded by the entrepreneur, the entrepreneur will
the entrepreneur at his discretion either replace or repair the delivered products free of charge.
replace or repair.
Article 15 - Disputes
On agreements between the entrepreneur and the consumer
to which these general terms and conditions relate, are
Dutch law exclusively applies. Also if the
consumer resides abroad.