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General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:
Withdrawal period: the period during which the consumer may exercise their right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Durable transaction: 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 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 whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, one or more remote communication techniques are used exclusively until the contract is concluded;
Remote communication technique: means that can be used to conclude a contract without the consumer and entrepreneur being in the same room at the same time.
General Terms and Conditions: these general terms and conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company name: JMax
Business registration number: 80188745
VAT number: NL003405299B17
Email: info@senlora.com
Address: Oosterveldsingel 5G, Hengelo, 7558PJ, Overijssel, The Netherlands (Registration address, not a visiting or return address)

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the 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 viewed at the entrepreneur’s premises and will be sent free of charge to the consumer upon request.

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

If specific product or service conditions apply in addition to these general conditions, paragraphs 2 and 3 apply accordingly, and the consumer may always rely on the most favorable applicable provision in the event of contradictory conditions.

If one or more provisions of these general terms and conditions are invalid or void at any time, the remaining provisions will remain in force, and the invalid provision will be replaced by a valid one that most closely matches the original intent.

Situations not covered by these general terms and conditions should be assessed “in the spirit” of these terms.

Ambiguities about the interpretation of one or more provisions must also be interpreted “in the spirit” of these terms.

Article 4 – The Offer

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

The offer is non-binding. The entrepreneur reserves the right to modify or adjust the offer.

The offer includes a complete and accurate description of the products and/or services offered. This description is sufficiently detailed to allow a proper assessment by the consumer. If the entrepreneur uses images, these will be a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

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

Product images are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This includes:

  • The price, excluding customs clearance and import VAT. These additional costs are the customer’s responsibility. The postal/courier service will apply the special VAT rules for imports into the EU and collect VAT and customs clearance fees from the recipient;

  • Any shipping costs;

  • The manner in which the agreement is concluded and which actions are necessary;

  • Whether or not the right of withdrawal applies;

  • The method of payment, delivery, and performance of the agreement;

  • The period during which the offer can be accepted or the time the price is guaranteed;

  • The rate of remote communication if it deviates from the base rate;

  • Whether the contract will be archived, and if so, how it can be accessed;

  • How the consumer can check and correct input errors before placing the order;

  • The languages in which the contract may be concluded;

  • Codes of conduct to which the entrepreneur is subject and how the consumer can access them;

  • The minimum duration of the distance contract in case of continuous or periodic delivery.

Optional: available sizes, colors, types of materials.

Article 5 – The Contract

The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the stated conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt. As long as this confirmation has not been received, the consumer may terminate the contract.

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

The entrepreneur may, within legal boundaries, verify whether the consumer can meet payment obligations, and gather all facts and factors important for a responsible conclusion. If the entrepreneur has justified reasons not to conclude the contract, they may refuse an order or attach special conditions.

The entrepreneur will provide the following information to the consumer, in writing or in a way that allows storage on a durable medium:

  1. The address of the business location where complaints can be submitted;

  2. The conditions and process for exercising the right of withdrawal, or a clear statement if the right is excluded;

  3. Information about warranties and existing customer service;

  4. The information from Article 4(3), unless already provided;

  5. The conditions for termination of the contract if it lasts more than a year or is of indefinite duration.

In case of a continuous contract, the above applies only to the first delivery.

Each agreement is entered into under the condition of sufficient product availability.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to cancel the contract without giving reasons within 14 days. This period begins the day after the product is received.

During the reflection period, the consumer must handle the product and packaging with care. They may only unpack or use the product as necessary to assess whether they wish to keep it. If exercising the right of withdrawal, the consumer must return the product with all accessories, preferably in the original condition and packaging, according to the entrepreneur’s instructions.

To use the right of withdrawal, the consumer must notify the entrepreneur in writing (email) within 14 days after receiving the product. After notifying, the consumer must return the product within another 14 days. Proof of return (e.g. tracking number) must be provided.

If the consumer does not notify or return the product on time, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the return shipping costs are their responsibility.

If the consumer has already paid, the entrepreneur will refund the amount as soon as possible and no later than 14 days after receiving the return or proof of return.

Article 8 – Exclusion of the Right of Withdrawal

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

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

  1. That are made to the consumer’s specifications;

  2. That are clearly personal in nature;

  3. That cannot be returned due to their nature;

  4. That spoil or age quickly;

  5. Whose price depends on fluctuations in the financial market that the entrepreneur cannot influence;

  6. That are individual newspapers or magazines;

  7. That are audio or video recordings or computer software, if the consumer has broken the seal;

  8. That are hygiene products where the consumer has broken the seal.

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

  1. Related to accommodation, transport, catering, or leisure to be performed on a specific date or during a specific period;

  2. Whose delivery has begun with the explicit consent of the consumer before the withdrawal period has ended;

  3. Related to betting and lotteries.

Article 9 – The 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 due to changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control at variable prices. This will be stated in the offer, along with the indication that the prices are target prices.

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

Price increases more than 3 months after the conclusion of the agreement are only allowed if:

  1. They are the result of statutory regulations or provisions; or

  2. The consumer is entitled to terminate the agreement effective the day the increase takes effect.

Delivery takes place in the country where the transport begins. In this case, delivery takes place outside the EU, so the postal or courier service will charge the import VAT or customs clearance fees to the customer. As a result, the entrepreneur does not charge VAT.

All prices are subject to typographical errors. The entrepreneur is not liable for the consequences of such errors, and is not obligated to deliver the product at an incorrect price.

Article 10 – Compliance and Warranty

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

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can assert under the agreement.

Defects or incorrect deliveries must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and condition.

The entrepreneur’s warranty period equals the manufacturer’s warranty period. The entrepreneur is never responsible for the final suitability of the products for each individual use by the consumer or 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 products themselves or had them repaired and/or modified by third parties;

  • The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur;

  • The defect is wholly or partly the result of regulations regarding the nature or quality of the materials used, imposed or to be imposed by the government.

Article 11 – Delivery and Performance

The entrepreneur shall exercise the utmost care when receiving and executing orders for products.

The place of delivery is the address that the consumer has provided to the entrepreneur.

Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed and no later than 30 days, unless a longer delivery period has been agreed with the consumer. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be informed no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the contract without cost and is not entitled to compensation.

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

If delivery of an ordered product turns out to be impossible, the entrepreneur shall make an effort to provide a replacement item. It must be clearly and comprehensibly stated at the latest upon delivery that a replacement product is being supplied. The right of withdrawal cannot be excluded for replacement items. The return costs in such cases are at the entrepreneur’s expense.

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 representative, unless expressly agreed otherwise.

Article 12 – Duration Contracts: Term, Termination, and Renewal

Termination

The consumer may terminate a contract of indefinite duration that involves the regular delivery of goods (including electricity) or services at any time with due regard to agreed termination rules and a notice period of up to one month.

The consumer may terminate a fixed-term contract, which was concluded for the regular delivery of goods or services, at the end of the fixed term with a notice period of no more than one month.

In both cases above, the consumer may:

  • Cancel at any time and not be restricted to a specific date or period;

  • Cancel in the same manner the agreement was entered into;

  • Always cancel with the same notice period the entrepreneur has stipulated for themselves.

Renewal

A fixed-term contract for the regular delivery of goods or services may not be automatically extended or renewed for a fixed period.

By way of exception, a fixed-term contract for the regular delivery of daily or weekly newspapers or magazines may be automatically renewed for a maximum period of three months, provided the consumer can terminate the renewed contract at the end of the renewal period with a notice period of no more than one month.

A fixed-term contract for the regular delivery of goods or services may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month (or three months for contracts involving less than monthly newspaper/magazine delivery).

A trial or introductory subscription for newspapers or magazines is not automatically extended and ends automatically after the trial or introduction period.

Duration

If a contract has a duration of more than one year, the consumer may cancel the contract at any time after one year with a notice period of no more than one month, unless fairness and reasonableness preclude cancellation before the agreed end date.

Article 13 – Payment

Unless otherwise agreed, any amounts owed by the consumer must be paid within 7 working days after the start of the reflection period mentioned in Article 6(1). In the case of a service agreement, this period begins after the consumer receives confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

If the consumer fails to pay, and subject to legal limitations, the entrepreneur has the right to charge the previously disclosed reasonable collection costs to the consumer.

Article 14 – Complaints Procedure

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

Complaints submitted to the entrepreneur will be answered within 14 days of the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a confirmation 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 procedures.

A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur states otherwise in writing.

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

Article 15 – Disputes

Contracts between the entrepreneur and the consumer, to which these general terms and conditions apply, are governed exclusively by Dutch law, even if the consumer resides abroad.

By making a purchase or entering their email address, the consumer agrees to receive marketing emails.

Article 16 – CESOP

As of 2024, payment service providers are required by EU regulations to report certain cross-border payment data to the CESOP central system. This is intended to combat VAT fraud within the EU.

For you as a customer, nothing changes in the ordering process — we are simply obliged to inform you of this regulation.

 

 


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