General Terms and Conditions of Delivery Jerfertti

FOR BUSINESS-2-CONSUMER TRANSACTIONS

Having its registered office at the Machineweg 14, 1394 AV Nederhorst den Berg, The Netherlands

Registered with the Chamber of Commerce under number 53751590

Article 1. Definitions……………………………………………………………………………………………………………………………… 1

Article 2. Applicability……………………………………………………………………………………………………………………………. 1

Article 3. Offers…………………………………………………………………………………………………………………………………… 2

Article 4. Conclusion of the Agreement……………………………………………………………………………………………………….. 2

Article 5. Delivery and delivery times………………………………………………………………………………………………………….. 2

Article 6. Trial period and Right of Withdrawal………………………………………………………………………………………………. 2

Article 7. Invoicing and payment……………………………………………………………………………………………………………….. 2

Article 8. Liability…………………………………………………………………………………………………………………………………. 3

Article 9. Quality, compliance and warranty………………………………………………………………………………………………….. 3

Article 10. Force majeure……………………………………………………………………………………………………………………….. 3

Article 11. Applicable law and choice of forum………………………………………………………………………………………………. 3

Article 1. Definitions

In these general terms and conditions the following terms are capitalised and used in the following meaning, unless expressly indicated otherwise:

  1. Jerfertti: seller of the Goods, contractual party to the Agreement with Buyer and user of the general terms and conditions within the meaning of article 6:231 under b of the Dutch Civil Code (Burgerlijk Wetboek).
  2. Consumer: the natural person who purchases the goods and services of Jerfertti and thereby does not act in the exercising of a profession or operating of a company and other party to the Agreement in the meaning of Article 6:231 sub c of the Dutch Civil Code.
  3. Offer: proposal by Jerfertti to Consumer to conclude an Agreement, for example in a quotation or online through its Webshop.
  4. Order: the Order for the supply of goods or services from Jerfertti or placing an Order to do so.
  5. Agreement: the Agreement between Jerfertti and the Consumer on the basis of which Jerfertti will deliver goods and/or services to the Consumer.
  6. Right of Withdrawal: the option for Consumers to withdraw from the Distance Contract within the cooling-off period.
  7. Standard Form: the model form made available to Consumer by Jerfertti on its website and which form enables the Consumer to exercise his Right of Withdrawal.
  8. Distance Contract: an Agreement in which, up to the conclusion of the Agreement, exclusive use is made of one or more Technologies of Distance Communication within the scope of the system organized by Jerfertti for distance sale of products and/or services.
  9. Parties: Jerfertti and the Consumer jointly.
  10. Technology for Distance Communication: a means to be used for concluding an Agreement, without the Consumer and Jerfertti being together in the same place at the same time.
  11. In writing: “In writing” for the purposes of these general terms and conditions shall also include communication by e-mail, fax or digital (for example via an online interface), provided that the identity and integrity of the content are duly established.

Article 2. Applicability

  1. The present general terms and conditions are applicable to any and all business-2-consumer Offers, Agreements and deliveries of Jerfertti, of whatever nature, unless this applicability is fully or partly expressly excluded in writing and/or unless expressly stipulated otherwise.
  2. Any general terms and conditions of the Consumer, by any name whatsoever, are expressly rejected. Deviations from and additions to these terms and conditions shall only be applicable if and to the extent that they have expressly been accepted by Jerfertti in writing.
  3. Should Jerfertti have permitted deviations from the present general terms and conditions for a short or a longer period of time, whether or not implicitly, then this shall not affect its right to demand direct and strict compliance with these terms and conditions as yet. The Consumer cannot derive any rights from the manner in which Jerfertti applies the present terms and conditions.
  4. The present terms and conditions are equally applicable to all Agreements concluded with Jerfertti for the implementation of which third parties must be relied on. Said third parties can invoke the present terms and conditions directly against the Consumer.
  5. Should one or more provisions of the present terms and conditions or of any other Agreement concluded with Jerfertti be in breach of a mandatory statutory provision or any applicable legal provision then the relevant provision shall expire and shall be replaced by a new, legally permissible and comparable provision to be established by Jerfertti.
  6. Jerfertti reserves the right to modify the present general terms and conditions at any time.

Article 3. Offers

  1. Any and all Offers of Jerfertti are revocable and as long as supplies last, unless indicated otherwise in writing.
  2. The prices in the Offers of Jerfertti shall be inclusive of VAT and other official duties, but exclusive shipping that may be incurred within the context of the Agreement, unless indicated otherwise.

Article 4. Conclusion of the Agreement

Barring the provisions set forth below an Agreement with Jerfertti shall only be concluded after the Consumer has concluded the Order process on the Website of Jerfertti and fulfilled the payment of the Order amount to Jerfertti. In case of payment after delivery or transfer to the bank account of Jerfertti, the Agreement is concluded after the Order process on the Website of Jerfertti is completed. Jerfertti will then confirm the Order as soon as possible by e-mail to the Consumer.

Article 5. Delivery and delivery times

  1. Unless otherwise agreed, delivery shall take place at the delivery address specified by the Consumer and shipping cost shall be for the account of the Consumer. Jerfertti will clearly state the shipping cost in the Offer.
  2. If the data required for the implementation of the Agreement have not been supplied to Jerfertti in a timely fashion then Jerfertti shall be entitled to suspend the implementation of the Agreement.
  3. If Jerfertti has indicated a time for the delivery or the implementation of the Agreement then this shall only be approximate. A specified delivery time can therefore never be qualified as a fatal deadline. In the event that a delivery date is exceeded, the Consumer should, therefore, give Jerfertti written notice of default. Jerfertti must then be granted a reasonable time limit to implement the Agreement as yet.
  4. The risk regarding the delivered goods shall pass to the Consumer at the time of delivery. Delivery under these conditions means: the moment when the goods are received by the Consumer.
  5. The Consumer shall be obliged to take receipt of the purchased goods at the moment that the same are made available to it or are offered for receipt to the Consumer.
  6. Jerfertti shall be entitled to rely on third parties for the (partial) performance of certain activities.

Article 6. Trial period and Right of Withdrawal

  1. If a Distance Contract is made, the Offer shall also include a trial period of at least fourteen (14) days, beginning on the date of receipt by or on behalf of the Consumer, unless agreed otherwise. In such cases, the purchase shall only become final once fourteen (14) days have passed following receipt of the goods.
  2. During the trial period, the Consumer shall have a Right of Withdrawal, whereby he shall have the option of returning the received goods without any obligation on his part, other than that of paying the direct costs of return, unless expressly stipulated otherwise.
  3. The Consumer may only invoke his Right of Withdrawal by notifying Jerfertti of his intentions in writing or by email within a period of fourteen (14) days following receipt by or on behalf of the Consumer. Jerfertti will provide a Standard Form on its website for this purpose. The completed form shall be sent by email to info@jerfertti.com.
  4. If the Consumer invokes the Right of Withdrawal, Jerfertti will refund to the Consumer the amount possibly already paid within fourteen (14) days at the latest.
  5. The Consumer may only actually use his Right of Withdrawal if the items concerned are returned complete, undamaged, unused and in the original packaging. After invoking his Right of Withdrawal, the Consumer must return the delivered item to Jerfertti within fourteen (14) days. The costs relating to this shall be borne by the Consumer, unless expressly stipulated otherwise.
  6. Products and/or services made to Order shall be excluded from the trial period and the Right of Withdrawal. This shall be clearly indicated by Jerfertti in the Offer.

Article 7. Invoicing and payment

Unless expressly agreed otherwise, payment of goods ordered shall be done by full payment at once through one of the payment methods offered on the website of Jerfertti. After payment the Consumer will receive a specified bill from Jerfertti by email.

Article 8. Liability

  1. If Jerfertti is liable for damage, said liability, to the extent permitted by law, shall be limited to compensation of direct damages and at most to the invoice amount of the Agreement, or that part of the Agreement to which the liability relates. Direct damage is exclusively understood as:
    1. the reasonable costs for the establishment of the cause and the scope of the damage, to the extent that the establishment is related to damage within the meaning of these general terms and conditions;
    2. the possible reasonable costs incurred in order to have the defective performance of Jerfertti comply with the Agreement, unless they cannot be attributed to Jerfertti;
    3. reasonable costs incurred in order to prevent or limit damage, to the extent that the Consumer demonstrates that these costs resulted in limitation of the direct damage within the meaning of these general terms and conditions.
  2. Jerfertti shall never be liable for indirect damage, including bodily harm, consequential damage, lost profit, lost savings, losses due to business interruptions.
  3. Jerfertti shall not be liable for damage, of any nature or any form whatsoever, in case it has departed from incorrect and/or incomplete data supplied by the Consumer. Any costs arising from this for Jerfertti shall be borne by the Consumer.
  4. The limitations of liability for direct damage included in these general terms and conditions shall not be applicable if the damage can be blamed on intent or gross negligence on the part of Jerfertti.

Article 9. Quality, compliance and warranty

  1. Jerfertti shall ensure that all items to be delivered by it are of the usual quality for this purpose, are fit for purpose and meet the requirements that can reasonably be made with regard to the requirements explicitly agreed between the Parties.
  2. Drawings, technical descriptions, specimens, samples, images, colours, sizes and indications of materials used shall be stated by Jerfertti in good faith and as precise as possible. However, these informative data shall not be binding. Deviations in respect of goods delivered occurring within the margins that are customary in the industry must be accepted and shall not give the Consumer a right to complain, replacement, compensation of damage or any other right, unless the Agreement expressly provides for a smaller margin in respect of deviations.
  3. The warranty is established in accordance with applicable law, whereby Jerfertti exchanges or repairs the items in the event of defects. If an item cannot be repaired – or if the exchanged item also presents defects – the Consumer shall be authorized to return the items under the refund of the full purchase sum. In mutual consultation, it is also possible that the Consumer may keep the items and Jerfertti may refund a part of the purchase sum.
  4. The warranty shall cover any possible production errors whereby the product is not sound, but not normal wear and tear and wearing damage such as scratches, knocking, crushing or a worn out top layer (e.g. as a result of contact with moisture/sweat or skin cleansing products), water damage, damage owing to the use of (aggressive) cleaning agents or exposure of the item to (excessively) high temperatures. Any entitlement to warranty shall expire at the time the Consumer adapts, repairs or arranges the adaptation or repair of the item without the written consent of Jerfertti.

Article 10. Force majeure

  1. Jerfertti is entitled to terminate the Agreement or suspend the performance of its obligations to the Consumer for a reasonable time without any compensation being due in the event of force majeure.
  2. Under these general terms and conditions, force majeure shall mean: any shortcoming that cannot be attributed to Jerfertti, third parties engaged by Jerfertti of suppliers or another weighty reason which prevent Jerfertti from fulfilling its obligations in time or not without excessively encumbering effort and/or costs measured according to objective standards.
  3. To the extent that Jerfertti has already partly complied or shall comply with its obligations on account of the Agreement at the time of the occurrence of force majeure and independent value can be attributed to the part complied or to be complied with respectively, then Jerfertti shall be entitled to separately invoice the part already complied with or the part to be complied with respectively. The Consumer shall be obliged to pay this invoice as if it were a separate Agreement.

Article 11. Applicable law and choice of forum

  1. All agreements concluded and to be concluded by Jerfertti shall be governed by Dutch law.
  2. All disputes, including those that are only considered as such by one of the Parties, which arise pursuant to an Agreement to which the present terms and conditions are fully or partly applicable or pursuant to other agreements that arise from such an Agreement, shall be settled by the competent court in the district where Consumer has his / her residence, unless a mandatory statutory provision opposes such. This shall not alter the fact that Jerfertti may agree with the Consumer to have the dispute settled by means of independent arbitration.
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