Terms and Conditions
Article 1 - Definitions.
In these terms and conditions:
Supplementary agreement: an agreement under which the consumer purchases products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or a third party on the basis of an agreement between this third party and the entrepreneur;
Cooling off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
day: calendar day;
Digital content: data created and delivered in digital form;
Continuous Performance Agreement: an agreement that extends to the regular delivery of goods, services and/or digital content for a specified period of time;
Durable medium: any means - including e-mail - that allows the consumer or entrepreneur to store information addressed to him personally in a way that facilitates subsequent consultation or use for a period tailored to the purpose , for which the information is intended and which enables an unaltered 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, (access to) digital content and/or services to consumers at a distance;
Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content and/or services, with exclusive or partial use up to and including the conclusion of the contract. is made up of one or more long-distance communication technologies;
Model withdrawal form: the European model withdrawal form contained in Appendix I of these General Terms and Conditions;
Technique of distance communication: means that can be used to conclude a contract without the consumer and entrepreneur having to be in the same room at the same time.
Article 2 – Identity of the entrepreneur.
• JSM eCommerce B.V.
• Goudstraat 99
• 2718RD, Zoetermeer
• KVK: 80300448
• By the way: NL861622868B01
• Nebun Holding B.V.
• sky blue 47
• 2718JW, Zoetermeer
• KVK: 80294529
• By the way: NL8616.20.276
If the activity of the entrepreneur is subject to a relevant authorization system:
The information on the supervisory authority.
If the entrepreneur practices a regulated profession:
The professional association or organization to which it belongs;
Job title, place of award in the EU or the European Economic Area;
A reference to the professional rules applicable in the Netherlands and instructions on where and how to access these professional rules.
Article 3 - Applicability.
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract 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, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
If, contrary to the previous paragraph and before the distance contract is concluded, the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily save it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 apply mutatis mutandis and in the event of conflicting conditions, the consumer can always invoke the provision that is most favorable to him. .
Article 4 – The Offer.
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or mistakes in the offer do not bind the entrepreneur.
Each offer contains such information that the consumer is aware of the rights and obligations associated with accepting the offer.
Article 5 – The Agreement.
Subject to the provisions of paragraph 4, the contract is formed at the moment the consumer accepts the offer and complies with the conditions laid down.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can dissolve the agreement.
If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure electronic data transmission and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur takes appropriate security measures.
Within the legal framework, the entrepreneur can find out whether the consumer can meet his payment obligations, as well as all the facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to conclude the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur shall provide the following information in writing or in such a way that it can be stored in an accessible manner by the consumer on a durable medium:
the visiting address of the entrepreneur's establishment to which the consumer can address complaints;
the conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement on the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
the price including all taxes of the product, service or digital content; if applicable, the shipping costs; and the method of payment, delivery or performance of the distance contract;
the conditions for terminating the contract if the contract has a term of more than one year or is open-ended;
if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal.
The consumer can dissolve a contract for the purchase of a product during a reflection period of 14 days without giving any reason. The entrepreneur can ask the consumer about the reason for the withdrawal, but not oblige him to state his reasons.
The withdrawal period referred to in paragraph 1 begins on the day after the consumer or a third party other than the carrier designated in advance by the consumer has received the product, or:
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 can refuse an order for several products with different delivery times, provided that he has clearly informed the consumer about this before the ordering process.
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 part;
in the case of agreements for the 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.
Extended withdrawal period for products, services and digital content not supplied on a tangible medium if no information on the right of withdrawal is provided:
If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period ends twelve months after the end of the original cooling-off period, determined in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the start of the original cooling-off period, the cooling-off period ends 14 days after the day on which the consumer received this information.
Article 7 - Obligations of the consumer during the reflection period.
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be permitted to do in a retail shop.
The consumer is only liable for the depreciation of the product resulting from the handling of the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any depreciation of the product if the entrepreneur has not provided him with all the legally required information about the right of withdrawal before or at the time of concluding the contract.
Article 8 – Exercising the right of withdrawal by the consumer and the costs involved.
If the consumer makes use of his right of withdrawal, he must inform the entrepreneur within the reflection period using the model withdrawal form or in another clear way.
As soon as possible, but within 14 days from the day after the notification referred to in paragraph 1, the consumer must return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he sends back the product before the end of the cooling-off period.
The consumer returns the product with all supplied accessories, if reasonably possible, in the original condition and packaging and in accordance with the reasonable and clear instructions of the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not indicated that the consumer has to bear these costs, or if the entrepreneur indicates that he has to bear the costs himself, the consumer does not have to bear the costs of the return.
If the consumer withdraws, having previously expressly requested that the provision of the service or the supply of gas, water or electricity not made available for sale begins in a limited volume or a certain amount during the cooling-off period, the consumer owes an amount owed to the entrepreneur that is proportional to the part of the obligation that the entrepreneur has fulfilled at the time of withdrawal compared to the full fulfillment of the obligation.
The consumer does not bear any costs for the provision of services or the supply of water, gas or electricity that is not provided in limited quantity or quantity ready for sale, or for the supply of district heating if:
the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, reimbursement of costs in the event of withdrawal or the model withdrawal form, or;
During the reflection period, the consumer has not expressly requested the commencement of service provision or the delivery of gas, water, electricity or district heating.
The consumer does not bear any costs for the total or partial delivery of digital content that is not delivered on a tangible medium if:
he has not expressly agreed prior to delivery to begin performance of the contract before the end of the cooling-off period;
he has not acknowledged the loss of his right of withdrawal when giving consent; or
the entrepreneur has not confirmed this statement by the consumer.
If the consumer makes use of his right of withdrawal, all subcontracts are automatically dissolved.
Article 9 – Entrepreneur's obligations in the event of withdrawal.
If the entrepreneur enables the consumer to declare his withdrawal electronically, he will send an acknowledgment of receipt immediately after receiving this notification.
The entrepreneur will refund all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without undue delay, but within 14 days of the day on which the consumer informs him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he can wait with the reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever is the earlier.
The entrepreneur uses the same payment method that the consumer used for the refund, unless the consumer agrees to a different method. The repayment is free of charge for the consumer.
If the consumer has opted for a more expensive shipping method than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive shipping method.
Article 10 – Exclusion of the right of withdrawal.
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has made this clear in the offer at least in good time for the conclusion of the contract:
Products or services whose price is subject to fluctuations on the financial market over which the entrepreneur has no control and which may occur within the withdrawal period;
Contracts concluded during a public auction. A public auction is understood to mean a method of sale in which products, digital content and/or services are offered to the consumer, who is personally present at the auction or is given the opportunity to be personally present, by the entrepreneur under the supervision of such an auctioneer, and where the winning bidder is required to purchase the Products, Digital Content and/or Services;
Service Agreements, after full provision of the service, but only if:
the service has started with the express prior consent of the consumer; And
the consumer has declared that he will lose his right of withdrawal once the entrepreneur has fully performed the agreement;
Package tours within the meaning of Article 7:500 of the Dutch Civil Code and agreements on passenger transport;
Service contracts for lodging where the contract provides for a specific date or period of performance and not for housing, transportation of goods, car rental and meals;
agreements on leisure activities, if the agreement stipulates a specific date or period for its implementation;
Products manufactured to consumer specification, which are not prefabricated and which are manufactured based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and the seal of which has been removed after delivery;
Products which, due to their nature, have been irrevocably mixed with other products after delivery;
Alcoholic beverages, the price of which was agreed when the contract was concluded, but the delivery of which can only take place after 30 days and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio, video recordings and computer software that have been unsealed after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions;
The provision of digital content that is not on a tangible medium, but only if:
the service has started with the express prior consent of the consumer; And
the consumer has declared that he loses his right of withdrawal as a result.
Article 11 – The price.
During the period of validity specified in the offer, the prices of the products and/or services offered will not be increased, with the exception of price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject 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 the prices quoted are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are based on legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed this and:
A. they result from legal regulations or provisions.
B. the consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.
The prices indicated in the offer of products or services include VAT.
Article 12 – Compliance with the agreement and additional guarantee.
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements for reliability and/or usability and the statutory provisions and/or government regulations applicable at the time the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee from the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract if the entrepreneur has failed to fulfill his part of the contract.
An additional guarantee is understood as any obligation of the entrepreneur, his supplier, importer or manufacturer in which he assigns to the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his obligations part of the Agreement. .
Article 13 - Delivery and performance.
The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed or if an order cannot or only partially be executed, the consumer will be informed of this no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement free of charge and is entitled to compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products lies with the entrepreneur up to the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 – Duration Transactions: Duration, Termination and Renewal.
The consumer can terminate an agreement concluded for an indefinite period, which extends to 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 can terminate a fixed-term contract that extends to the regular delivery of products (including electricity) or services at any time at the end of the specified term, subject to the agreed termination rules and a notice period of at least a maximum of one month.
The consumer can use the agreements mentioned in the previous paragraphs:
– cancel at any time and not be limited to cancellation at a specific time or for a specific period;
– terminate at least as they were received by him;
– always terminate with the same notice period that the entrepreneur has set for himself.
A contract concluded for a definite period and extending to the regular delivery of products (including electricity) or services cannot be renewed tacitly or renewed for a fixed period.
By way of derogation from the previous paragraph, a contract concluded for a definite period and which extends to the regular delivery of daily and weekly newspapers and magazines may be tacitly renewed for a fixed term of no more than three months if the consumer terminates this extension agreement towards the end of the extension has signed, it can terminate the contract with a notice period of no more than one month.
A contract concluded for a definite period, which extends to the regular delivery of products or services, can only be tacitly renewed for an indefinite period if the consumer can terminate the contract at any time with a notice period of no more than one month. The notice period is a maximum of three months if the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines (trial or trial subscription) is not tacitly continued and ends automatically at the end of the trial or trial period.
If a contract has a duration of more than one year, the consumer can terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.
Article 15 - Payment.
Unless otherwise provided in the contract or in the additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period or, in the absence of a cooling-off period, within 14 days after the conclusion of the contract. In the case of a service contract, this period begins on the day after the consumer has received the confirmation of the contract.
When selling products to consumers, the general terms and conditions must never oblige the consumer to pay more than 50% in advance. If advance payment has been agreed, the consumer cannot assert any rights in relation to the execution of the relevant order or service(s) before the agreed advance payment has been made.
The consumer is obliged to report inaccuracies in the provided or specified payment details to the entrepreneur immediately.
If the consumer does not meet his payment obligations in good time after being informed by the entrepreneur about the default in payment and the entrepreneur has given the consumer a period of 14 days to meet his payment obligations after payment has not been made within this 14-day period, the statutory Interest is due on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000 with a minimum of €40. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
Article 16 – Complaints Procedure.
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint is expected to require a longer processing time, the entrepreneur will reply within the period of 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure.
5. In the event of complaints, a consumer must first contact the entrepreneur. In the event of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which mediates free of charge. If a solution has not yet been found, the consumer has the option of having his complaint dealt with by the independent dispute resolution commission set up by Stichting WebwinkelKeur, whose decision is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this arbitration committee, which the consumer must pay to the competent committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur states otherwise in writing.
7. 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 17 – Disputes.
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 18 – Additional or different provisions.
Provisions that are additional to or deviate from these general terms and conditions must not be at the expense of the consumer and must be recorded in writing or in such a way that they can be stored on a durable medium in an accessible manner by the consumer.
Article 19 - Ban on the supply of large-scale, illegal and professional cannabis cultivation.
The customer will not provide, deliver, prepare, process, process, offer for sale, sell, make available, transport, manufacture or keep available the products or services to be supplied by JSM eCommerce if he knows this or has serious reason to believe that they are aimed at a to commit the offenses punishable under Article 11 paragraphs 3 and 5, namely in favor of commercial or commercial or large-scale, illegal or commercial cannabis cultivation in accordance with Article 11 paragraph 3 and paragraph 5 of the Narcotics Act or Article 1 paragraph 2 of the Ordinance on the Opium Act.
The customer is aware that the delivery of goods by JSM eCommerce B.V. Products and services supplied to a customer who is guilty of or facilitates the above illegal, professional, large-scale cultivation and/or organized cultivation of hemp, because JSM eCommerce B.V. Legal obligation to investigate, possibly the suspicion at the expense of JSM eCommerce B.V. Consequences of a crime within the meaning of Art. 11a jo. Art. 11 Paragraph 3 and Paragraph 5 of the Narcotics Act.
As part of this duty of investigation, the customer will place his order with JSM eCommerce B.V. declare that the products ordered by him are not intended to be used, supplied, supplied, prepared, processed, processed, offered for sale, sold, supplied or transported for or in connection with large-scale, illegal or professional cannabis cultivation. JSM eCommerce B.V. is entitled to attach conditions to the delivery of products that must ensure, as far as possible, that the products are not used in large-scale, illegal or professional cannabis cultivation.
If the customer receives the JSM eCommerce B.V. Products or services ordered in violation of this provision of art. 13 and applies the opium legislation in - or for the benefit of - large-scale, illegal or professional cannabis cultivation, he is liable for the damage that JSM eCommerce B.V. will be held against JSM eCommerce B.V. as a result of a criminal investigation and/or prosecution and as a result of the administrative enforcement of the administrative enforcement. Suffer. is advanced.
Damage includes all direct or indirect damage, material and immaterial damage, operational loss, consequential damage and other damage that JSM eCommerce B.V. as a result of criminal investigations and/or prosecution and/or administrative prosecution. This damage also includes, but is not limited to, lost profits, costs for legal assistance and advice of any other kind, damage to reputation, loss of goods, material damage and immaterial damage, etc.
Article 20 – Disclaimer.
This website may contain inaccuracies or typographical errors which, after being discovered by JSM eCommerce B.V. are at the discretion of JSM eCommerce B.V. corrected. The information on this website is also updated regularly.
JSM eCommerce B.V. reserves the right to make changes, improvements and/or changes to the information, these Terms and Conditions, names, images, illustrations, logos and symbols, or the products and services referred to on this website, at any time and without prior notice. Because the Internet is independently maintained at thousands of sites around the world, the information, names, images, graphics, logos and icons accessed from this site may have come from outside the confines of this site. For this reason, JSM eCommerce B.V. assumes all obligations or responsibilities in relation to the data either obtained or to be obtained or accessible within, through or outside of this website.
At JSM eCommerce B.V. The security of our IT systems is very important to us. Despite our concern for the security of our systems, it's possible that a vulnerability exists. If you have found a vulnerability, we would appreciate it if you let us know!
The trademarks, trade names, images, logos and images that identify Grow-dutch.com products and services, as well as the design, text and graphics of the website are owned by Nebun Holding B.V.