Terms & Conditions

General terms and conditions Jones Auckland

Article 1 – Definitions

In these conditions, the following definitions apply:

  • Cooling-off period: the period during which the consumer can make use of his 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;
  • 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 entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.
  • Right of withdrawal: the possibility for the consumer to renounce 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, up to and including the conclusion of the contract, exclusively using one or more means of distance communication;
  • Means of distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same space simultaneously. 

Article 2 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions is 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 are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store it 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 consulted electronically and that they will be sent to the consumer free of charge by electronic means or otherwise upon request.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy, and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are wholly or partially nullified or destroyed at any time, the agreement and these conditions will remain in force for the rest, and the relevant provision will be replaced in mutual consultation as soon as possible.

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

Obscurities about the interpretation or content of one or more provisions of our terms and conditions must be explained "in the spirit" of these general terms and conditions.

Article 3 – The offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Manifest errors or mistakes in the offer do not bind the entrepreneur.

All images, specifications, data in the offer are indicative and cannot lead to compensation or termination of the agreement.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

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

  • the price, excluding customs duties and import VAT. These additional costs will be at the expense and risk of the customer. With regard to customs clearance, the postal or courier service will use the special scheme for postal and courier services. This scheme applies if the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the invoiced clearance costs) from the recipient of the goods;
  • the possible costs of delivery;
  • the way in which the contract will be concluded and what actions are required for this;
  • the application or not of the right of withdrawal;
  • the method of payment, delivery, and execution of the contract;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the height of the rate for remote communication if the costs of using the remote communication technique are calculated on a different basis than the regular basic rate for the used communication medium;
  • whether the contract is archived after its conclusion, and if so, in what way it can be consulted by the consumer;
  • how the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, restore them;
  • any languages other than Dutch in which the contract can be concluded;
  • the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a continuous performance contract. Optional: available sizes, colors, types of materials.

Article 4 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

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

The entrepreneur can – within statutory frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

Before delivering the product, the entrepreneur will send the following information to the consumer with the product, in writing, or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints; b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. the information about guarantees and existing service after purchase; d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of a continuing performance contract, the stipulation in the previous paragraph applies only to the first delivery.

Article 5 – Right of withdrawal

For products:

The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal but cannot oblige him to state his reason(s).

The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:

a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may refuse an order of several products with different delivery times provided that he clearly informs the consumer prior to the order process; b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part; c. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.

For services and digital content that is not delivered on a physical carrier:

The consumer can dissolve a service agreement and an agreement for the supply of digital content that has not been delivered on a physical carrier for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal but cannot oblige him to state his reason(s).

The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services, and digital content that has not been delivered on a physical carrier when not informing about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or has not provided the standard form for withdrawal, the cooling-off period expires twelve months after the end of the original, in accordance with the previous paragraphs of this article, the cooling-off period determined in the event of an extended cooling-off period.

If the entrepreneur has provided the information referred to in the preceding paragraph to the consumer within twelve months after the starting date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer received that information.

Article 6 – Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, the costs of return are at most at his expense.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, the condition is that the product has already been received back by the entrepreneur or conclusive proof of complete return can be submitted.

Article 7 – Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for as far as provided in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for the following products:

  • which have been created by the entrepreneur in accordance with the consumer's specifications;
  • that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that quickly decay or become obsolete;
  • of which the price is subject to fluctuations in the financial market on which the entrepreneur has no influence;
  • for individual newspapers and magazines;
  • for audio and video recordings and computer software of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for the following services:

  • relating to accommodation, transport, restaurant, or leisure activities to be performed on a certain date or during a certain period;
  • whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
  • relating to bets and lotteries.

The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.

Article 8 – The Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that prices mentioned may be target prices will be stated in the offer.

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

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

  • they are the result of legal regulations or provisions; or
  • the consumer has the authority to terminate the agreement as of the day the price increase takes effect.

Delivery takes place based on Article 5, paragraph 1, of the Value Added Tax Act 1968 in the country where the transport commences. In this case, this delivery takes place outside the EU. Consequently, import VAT or customs clearance costs will be charged by the postal or courier service to the consumer. Therefore, the entrepreneur will not charge VAT.

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

Article 9 – Conformity and Warranty

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

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's statutory rights and claims under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in the original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each 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 or modified the delivered products himself or has had them repaired or modified by third parties;
  • the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or treated on the packaging;
  • the defect is wholly or partially the result of regulations that the government has or will impose regarding the nature or quality of the materials used.

Article 10 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing product orders.

The delivery time will take 8 - 14 working days. The entrepreneur will, of course, do his utmost to ensure that this is done as quickly as possible. The costs for this are completely free with every order, regardless of the value of the order.

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 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.

In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement item available. It will be clear and comprehensible that a replacement item will be delivered at the latest at the time of delivery. The right of withdrawal cannot be excluded for replacement items. 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 pre-designated and to the entrepreneur announced representative, unless expressly agreed otherwise.

Article 11 – Duration Transactions: Duration, Termination, and Extension

Termination

The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, taking into account the agreed termination rules and a notice period of at most one month.

The consumer can terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services at any time by the end of the fixed term, taking into account the agreed termination rules and a notice period of at most one month.

The consumer can conclude the agreements mentioned in the previous paragraphs:

  • terminate at any time and not be limited to termination at a specific time or during a specific period;
  • at least terminate in the same way as they were entered into by him;
  • always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

An agreement concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite duration.

In derogation from the previous paragraph, an agreement concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a definite duration of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of at most one month.

An agreement concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer can terminate at any time with a notice period of at most one month and a notice period of at most three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) may not be tacitly continued and ends automatically at the end of 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 at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 12 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In case of default by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs disclosed to the consumer in advance.

Article 13 – Complaints Procedure

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

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved through mutual consultation, a dispute arises that is susceptible 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 to be well-founded by the entrepreneur, the entrepreneur will, at his option, replace or repair the delivered products free of charge.

Article 14 – Disputes

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 is domiciled abroad.