Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise the 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 relating to a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
Right of withdrawal: the possibility 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 at a distance;
Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services by the entrepreneur, 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: a method that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same space;
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Applicability

These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and 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 inspected at the entrepreneur and that they will be sent free of charge upon request of the consumer as soon as possible.

If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge upon request.

If, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and in case of conflicting conditions the consumer may always rely on the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these conditions shall otherwise remain in force, and the relevant provision shall be replaced by mutual agreement as soon as possible by a provision that approximates the intent of the original as closely as possible.

Situations not regulated in these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our terms must be interpreted “in the spirit” of these general terms and conditions.

Article 3 – The Offer

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

The offer is non-binding. The entrepreneur is entitled to change 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 allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious 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.

Images of products are a truthful representation of the offered products. However, the entrepreneur cannot guarantee that displayed colors exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes in particular:

the price, excluding customs clearance costs and import VAT. These additional costs are borne by the customer. The postal and/or courier service will apply the special arrangement for postal and courier services regarding import. This applies when goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects VAT (together with possible customs clearance costs) from the recipient of the goods;
any shipping costs;
the manner in which the agreement is concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the rate for distance communication if costs are calculated on a basis other than the regular basic rate;
whether the agreement is archived after conclusion and, if so, how it can be accessed;
the manner in which the consumer can check and, if desired, correct the data provided before concluding the agreement;
any languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has subscribed and how the consumer can access them electronically;
the minimum duration of the distance contract in case of a long-term transaction.

Optional: available sizes, colors, and materials.

Article 4 – The Agreement

The agreement is concluded, subject to paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of such acceptance electronically. As long as receipt has not been confirmed, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure electronic data transfer and ensure a secure web environment. If the consumer can pay electronically, appropriate security measures will be taken.

The entrepreneur may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If the entrepreneur has good grounds not to enter into the agreement based on this investigation, they are entitled to refuse an order or attach special conditions to its execution.

The entrepreneur shall provide the following information to the consumer, in writing or in such a way that it can be stored on a durable data carrier:

the address of the establishment where the consumer can submit complaints;
the conditions and manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
information on warranties and existing after-sales service;
the data referred to in Article 4 paragraph 3, unless already provided before execution;
the conditions for termination of the agreement if it has a duration of more than one year or is of indefinite duration.

In case of a long-term transaction, the above applies only to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the right to withdraw from the contract without giving any reason within 30 days. This withdrawal period starts on the day after the consumer, or a third party designated by the consumer and notified to the entrepreneur, has received the product.

During the withdrawal period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep it. If the consumer exercises the right of withdrawal, the product must be returned to the entrepreneur with all supplied accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they are obliged to notify the entrepreneur within 30 days after receiving the product. This notification must be made in writing or by email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the goods were returned on time, for example by providing proof of shipment.

If the customer fails to notify the entrepreneur within the periods stated in paragraphs 2 and 3, or fails to return the product, the purchase shall be considered final.

Article 6 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the cost of returning the products shall 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 30 days after withdrawal. This condition applies only if the product has already been received back by the webshop operator or if conclusive proof of full return shipment has been provided.

Article 7 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Such exclusion is only valid if clearly stated in the offer, or at least in time before the conclusion of the contract.

Exclusion of the right of withdrawal is only possible for products:
– that are made by the entrepreneur according to the consumer’s specifications;
– that are clearly of a personal nature;
– that cannot be returned due to their nature;
– that can spoil or age quickly;
– whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
– for single newspapers and magazines;
– for audio and video recordings and computer software whose seal has been broken by the consumer;
– for hygienic products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:
– relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;
– whose performance has begun with the express consent of the consumer before the withdrawal period has expired;
– relating to gambling and lotteries.

Article 8 – 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 resulting from changes in VAT rates.

By way of exception, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market over which the entrepreneur has no influence. This dependency on fluctuations and the fact that any stated prices are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from legal regulations or provisions.

Price increases after 3 months from the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and:
– they result from legal regulations or provisions; or
– the consumer has the right to terminate the agreement from the day the price increase takes effect.

The place of delivery is determined in accordance with Article 5(1) of the Dutch Value Added Tax Act 1968 and is located in the country where transport begins. In this case, delivery takes place outside the EU. As a result, import VAT and/or customs clearance fees will be charged to the customer by the postal or courier service. Therefore, no VAT will be charged by the entrepreneur.

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

Article 9 – Identity of the entrepreneur

Bedrijfsnaam: JSecomX

Bedrijfsadres: Oude Zuidwolderstraat 10a

Trading Name: Sarah & Jennifer

Customer Service E-mail: info@sarah-jennifer.com

Trade Register Number (KvK): 98022687

VAT Identification Number (VAT ID): NL005304216B97

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

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

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Returns must be made in the 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 final suitability of the products for any 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 delivered products themselves or had them repaired and/or modified by third parties;
– the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or in violation of the instructions of the entrepreneur and/or packaging;
– the defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used or to be used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.

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

Subject to what is stated in Article 4 of these general terms and conditions, the company will execute 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 partially fulfilled, the consumer will be informed no later than 30 days after placing the order. In such a case, the consumer has the right to cancel the agreement free of charge and is entitled to any compensation for damages.

In case of cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after cancellation.

If delivery of a product proves impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-Term Transactions: Duration, Termination and Extension

Termination

The consumer may terminate an agreement that has been concluded for an indefinite period and that involves 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 may terminate an agreement concluded for a fixed term and relating 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 may in the cases mentioned above:
– terminate at any time and is not limited to termination at a specific time or period;
– terminate at least in the same manner as the agreement was entered into;
– always terminate with the same notice period as the entrepreneur has set for themselves.

Extension

An agreement concluded for a fixed term and involving the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed duration.

By way of exception, an agreement concluded for a fixed term relating to the regular delivery of newspapers, news magazines, and weekly magazines may be tacitly extended for a fixed period of up to three months, provided that the consumer can terminate the extended agreement at the end of the extension with a notice period of no more than one month.

An agreement concluded for a fixed term and relating to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months in the case of agreements relating to the regular, but less than monthly, delivery of newspapers and magazines.

An agreement with a limited duration for the regular introductory delivery of newspapers, news magazines, and weekly magazines (trial or introductory subscription) will not be tacitly continued and ends automatically after the 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 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 as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer is obliged to immediately report any inaccuracies in provided or stated payment details to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur is entitled, subject to legal limitations, to charge reasonable costs that were communicated to the consumer in advance.

Article 14 – Complaints Procedure

Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 30-day period with an acknowledgment 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 dispute resolution.

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur states otherwise in writing.

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

Article 15 – Disputes

All agreements 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.

Article 15 – Governing Law

All purchases and agreements between Sarah & Jennifer and its customers are governed by the laws of the United States.

Any disputes shall be handled in accordance with U.S. consumer protection standards.