Definitions

In this agreement the following terms have the following meaning:

1. Reflection period:during this period the client can make use of his/her right of withdrawal.
2. Client: means the person, firm or business placing an order with the Company.
3. Dag: calender day
4. –
5. –
6. –
7. Entrepreneur: the natural or legal person who offers products and / or services to customers;
8. –
9. –

The Company

James B.V.
Spikweien 2
NL – 5943 AD Venlo (Lomm)
Telephone number: +31 77 327 80 00
E-mail: webshop@james.eu
KvK-number: 50069594
VAT registration number: NL822529336B01

Applicability

1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the customer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, it will be stated, 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 free of charge as soon as possible at the customer’s request.
3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the customer by electronic means in such a way that the customer can easily store it on a durable medium. If this is not reasonably possible, it will be stated, before the distance contract is concluded, where the general terms and conditions can be accessed electronically and that they will be sent free of charge, either electronically or by other means, at the customer’s request.
4. In the event that, in addition to these general terms and conditions, specific terms and conditions relating to products or services also apply, the second and third paragraphs shall apply mutatis mutandis, and in the event of any conflict between general terms and conditions, the customer may always rely on the applicable provision that is most favourable to them.

Offer

1. If an offer is valid for a limited period or is subject to conditions, this will be expressly stated in the offer.
2. Het aanbod bevat een volledige en nauwkeurige omschrijving van de aangeboden producten en/of diensten. The description is sufficiently detailed to enable the customer to make a proper assessment of the offer. If the trader uses images, these shall be a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer are not binding on the trader.
3. Every offer must contain sufficient information to make it clear to the customer what rights and obligations are attached to the acceptance of the offer. This applies in particular to:
   1. the price including tax;
   2. any delivery costs;
   3. the manner in which the contract will be concluded and the steps required to do so;
   4. whether or not the right of withdrawal applies;
   5. the method of payment, delivery and performance of the contract;
      
   6. the period within which the offer must be accepted, or the period during which the trader guarantees the price;
   7. the rate for remote communication where the costs of using the remote communication technology are calculated on a basis other than the standard basic rate for the means of communication used;
   8. whether the contract is archived after it has been concluded, and if so, how the customer can access it;
   9. the way in which the customer can, prior to concluding the contract, check the information provided by them in connection with the contract and, if desired, correct it;
   10. any other languages in which, in addition to Dutch, the contract may be concluded;
   11. the codes of conduct to which the trader has subscribed and the manner in which the customer may consult these codes of conduct electronically; and
   12. the minimum duration of the distance contract in the case of a long-term contract.

The agreement

1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the customer accepts the offer and fulfils the conditions set out therein.
2. If the customer has accepted the offer by electronic means, the trader shall confirm receipt of the acceptance of the offer by electronic means without delay. Until the trader has confirmed receipt of this acceptance, the customer may terminate the contract.
3. If the contract is concluded electronically, the trader shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the customer is able to pay electronically, the trader shall take appropriate security measures to this end.
4. Within the limits of the law, the trader may ascertain whether the customer is able to meet their payment obligations, as well as all those facts and factors that are relevant to the responsible conclusion of the distance contract. If, on the basis of this assessment, the trader has valid grounds for not entering into the contract, they are entitled to refuse an order or enquiry, giving reasons, or to impose special conditions on its performance.
5. The trader shall provide the customer with the following information in conjunction with the product or service, either in writing or in such a way that the customer can store it in an accessible manner on a durable medium:
   1. the visiting address of the trader’s premises where the customer can go to make a complaint;
   2. the conditions under which and the manner in which the customer may exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
   3. information on warranties and existing after-sales service;
   4. the information set out in Article 4(3) of these terms and conditions, unless the trader has already provided this information to the customer prior to the performance of the contract;
   5. the requirements for terminating the contract if the contract has a term of more than one year or is of indefinite duration.
6. In the case of a transaction involving instalments, the provision in the previous paragraph applies only to the first delivery.

Right of withdrawal

1. When purchasing products, the customer has the right to cancel the contract within 14 days without giving any reason. This cooling-off period begins on the day after the product is received by the customer or by a representative designated in advance by the customer and notified to the trader.
2. During the cooling-off period, the customer must handle the product and its packaging with care. He shall only unpack the product to the extent necessary to assess whether he wishes to keep it. If he exercises his right of withdrawal, he shall return the product to the trader, together with all accessories supplied and – where reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
3. The customer may exercise their right of withdrawal via James B.V.’s online returns and withdrawal page or by sending an unambiguous statement to the trader. The returns and Withdrawal page can be accessed via the James B.V. website.

4. James B.V. reserves the right to inspect returned products. If it appears that a returned product does not correspond to the product originally supplied, has been returned incomplete, or is not in the condition that might reasonably be expected when exercising the right of withdrawal, James B.V. may charge for the resulting loss in value or refuse the return, to the extent permitted by law.

Online Returns, Cancellations, and Right of Withdrawal Policy

1. The customer may exercise their right of withdrawal by sending an unambiguous statement to the trader or by using the online returns and withdrawal procedure on the James B.V. website. Upon receipt of the notification, the customer will receive a confirmation by email without delay.

Costs in the event of withdrawal

1. If the customer exercises their right of withdrawal, they shall bear the costs of returning the goods.
2. If the customer has paid any amount, the trader shall refund this amount as soon as possible, but no later than 30 days after the goods have been returned or the contract has been cancelled.

Exclusion of the right of withdrawal

1. The trader may exclude the consumer’s right of withdrawal to the extent provided for 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 least in good time before the contract is concluded.
2. The right of withdrawal may only be excluded for products:
   1. which have been produced by the contractor in accordance with the customer’s specifications;
   2. which are clearly of a personal nature;
   3. which, by their very nature, cannot be returned;
   4. which can spoil or go off quickly;
   5. the price of which is subject to fluctuations in the financial market over which the trader has no control.

Pricing

1. During the period of validity stated in the offer, the prices of the products and/or services on offer will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services at variable prices where those prices are subject to fluctuations in the financial market over which the trader has no control. This susceptibility to fluctuations and the fact that any prices quoted are indicative prices are stated in the offer.
3. Price increases within three months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
4. Price increases taking effect from three months after the conclusion of the contract are only permitted if the trader has stipulated this and:
   1. these are the result of statutory regulations or provisions; or
   2. the customer is entitled to terminate the contract with effect from the day on which the price increase takes effect.
5. The prices quoted in the range of products or services include VAT.

Compliance and warranty

1. The trader guarantees that the products and/or services comply with the contract, the specifications set out in the offer, reasonable requirements as to quality and/or fitness for purpose, and the statutory provisions and/or government regulations in force on the date the contract is concluded. Where agreed, the trader also guarantees that the product is suitable for uses other than its normal intended use.
2. Any warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the customer may assert against the trader under the contract.

Delivery, performance and risk

1. The trader shall exercise the utmost care when accepting and fulfilling orders for products.
2. The place of delivery shall be the address that the customer has provided to James. This also automatically generates a courier address label by the customer, which James will use to dispatch the order.
3. Delivery times are subject to change and are approximate. A specified date is never a deadline. The delivery period begins once James has confirmed the order in writing, by means of an order confirmation, and only after payment has been successfully processed.
4. Delivery is on an ex-works basis in accordance with the most recent version of the Incoterms.
5. James may decide, at his own discretion, to make a partial delivery. The customer is obliged to accept delivery of any consignment of products at any time.
6. Subject to the provisions of Article 4 of these general terms and conditions, the company shall fulfil accepted orders with due diligence, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the customer will be notified of this no later than 30 days after placing the order. In such cases, the customer is entitled to terminate the contract at no cost; there is no entitlement to compensation of any kind.
7. In the event of termination in accordance with the previous paragraph, the trader shall refund the amount paid by the customer as soon as possible, but no later than 30 days after termination.
8. If it proves impossible to deliver an ordered product, the trader will endeavour to provide a replacement item. No later than on delivery, it will be clearly and comprehensibly stated that a replacement item is being supplied. In the case of replacement items, the right of withdrawal cannot be excluded. In this specific case, the costs of any return shipment are to be borne by the trader.
9. Indien afnemer de afname van de producten weigert of nalatig is met het verstrekken van informatie of instructies, noodzakelijk voor de levering, zullen de zaken retour gestuurd worden naar James op kosten van afnemer. In such cases, the Customer shall be liable for all additional costs, including, in any event, the return costs and any costs associated with a new dispatch.
10. The risk in respect of the products passes to the customer as soon as the product has left our warehouse. The transport of the goods shall be carried out – even in the case of carriage paid delivery – entirely and expressly at the customer’s risk. If damage occurs during transport, the customer must seek compensation from the carrier responsible. James is willing to mediate in this matter if necessary.

Long-term contracts: termination, renewal and duration

1. The customer may terminate a contract entered into for an indefinite period and relating to 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.
2. The customer may terminate a contract entered into for an indefinite period and relating to 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.
3. The customer may terminate the agreements referred to in the preceding paragraphs:
   1. at any time, without being restricted to termination at a specific date or during a specific period; and
      
   2. by using at least the same method through which the agreement was entered into
   3. terminate the agreement at any time with the same notice period that applies to the Seller
4. A contract entered into for a fixed term and which provides for the regular supply of goods (including electricity) or services may not be tacitly extended or renewed for a fixed term.
5. Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, provided that the customer may terminate this renewed contract towards the end of the renewal period with a notice period of no more than one month. Renewal
6. A contract entered into for a fixed term and relating to the regular supply of goods or services may only be tacitly renewed for an indefinite period if the customer is entitled to terminate it at any time subject to a notice period of no more than one month, and a notice period of no more than three months in the event that the contract relates to the regular, but less than once a month, the regular delivery of daily newspapers, news papers, weekly newspapers and magazines.
   
   
   
7. A fixed-term contract for the regular delivery of daily newspapers, news publications, weekly newspapers and magazines for the purpose of familiarisation (trial or introductory subscription) is not automatically renewed and ends automatically at the end of the trial or introductory period. Duration
   
8. If a contract has a term of more than one year, the customer may, after one year, terminate the contract at any time subject to a notice period of no more than one month, unless reasons of reasonableness and fairness preclude termination before the end of the agreed term.

Payment

1. Unless otherwise agreed, the amounts owed by the customer must be paid in advance using the methods offered by the trader.
2. The customer is obliged to notify the trader immediately of any inaccuracies in the payment details provided or stated.
3. In the event of non-payment by the customer, the trader is entitled, subject to any statutory limitations, to charge the customer for reasonable costs of which the customer has been notified in advance.

Complaints Procedure

1. The business operator has a complaints procedure that has been adequately publicised and handles the complaint in accordance with this procedure.
2. Complaints regarding the performance of the contract must be submitted to the trader within a reasonable time, in full and clearly described, after the customer has identified the defects.
3. Complaints submitted to the business will be responded to within 14 days of the date of receipt. If a complaint is likely to take longer to process, the trader shall reply within 14 days with an acknowledgement of receipt and an indication of when the customer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute resolution procedure.

Liability

1. James excludes all liability, except in cases of wilful misconduct or gross negligence on the part of James. If, notwithstanding the preceding sentence, James is liable to the customer/user for any reason whatsoever, it shall only be liable for direct damage and may be held liable up to a maximum of the repair costs to be determined by an independent party. Cases of damage resulting from the incorrect use of the James product or failure to follow the exact instructions or user guide (such as, but not limited to, possible discolouration, changes in gloss, colour fading, etc.) are never eligible. Cases of damage where James does not cause any damage to the material in a visible or invisible area, but damage nevertheless occurs when the stain is treated, are also never eligible for reimbursement. In such rare cases, there must be an external factor causing this damage, over which neither James nor her products have any control or influence. Any indirect damage (to other items such as, but not limited to, tables, surfaces, clothing, etc.) is also never eligible for compensation.
2. James shall not be liable for any damage or costs arising from a delay in delivery.
3. James shall not be liable to the customer under product liability for products that the customer purchases from third parties. This liability rests at all times with James’s supplier.
4. James shall only be liable for products manufactured by James under product liability law if the damage occurred during normal use of the product, in accordance with the instructions provided by James and strictly followed. The customer, or any third party claiming under the relevant product liability on the customer’s behalf, is obliged to provide all the cooperation that James deems necessary.
5. We provide advice and information regarding the products to be supplied, as well as instructions for their use, to the best of our knowledge. We accept no liability for the accuracy of this advice, information and instructions for use. The instructions for use are intended as guidelines and must be verified and tested by the customer through their own trials under the prevailing conditions. De instructies en aanwijzingen op merkbladen dienen door de afnemer te allen tijde strikt te worden nageleefd, onverminderd het hiervoor bepaalde ten aanzien van de verplichting van de afnemer tot het verrichten van eigen proeven. In view of the flammability of some of the goods we supply, and given that many of James’s products are liquids, the customer must always take appropriate measures at their own responsibility. The customer must ensure that they or third parties are able to use or process the products supplied by us in a proper manner.
6. Any liability on the part of James is limited to the extent that it is covered by its liability insurance. Any claim is limited to the amount payable under this insurance policy in the relevant case, plus any excess.
7. If, for any reason whatsoever, no payment is made under the liability insurance referred to above and James is nevertheless obliged in any way to compensate for the damage, its liability shall be limited to a maximum of the net invoice amount of the goods supplied by us that are related to the incident in question.
8. The customer is responsible for taking adequate protective measures for themselves, others and their property when using, storing or processing our products. James shall not be liable for any damage arising from a failure to take such measures. The Customer shall also indemnify James against all claims by third parties relating to the use of the product supplied by James.
9. The Customer shall indemnify James against all costs and damages claimed by third parties arising from the use of James’s products. The customer shall pay all costs incurred by James in this regard, which shall amount to at least 15 per cent of the claimed damages. This fee shall be paid by the customer to James upon first request.

Disputes

Agreements between the trader and the customer to which these general terms and conditions apply shall be governed exclusively by Dutch law.

Additional or differing provisions

Any additional provisions or provisions deviating from these general terms and conditions must not be to the detriment of the customer and must be set out in writing or in such a way that the customer can store them in an accessible manner on a durable medium.