Terms & Conditions
Article 1 - Definitions
The following definitions apply in these terms and conditions:
Cooling-off period: the period during which the consumer can exercise their right of withdrawal; Learn more about the cooling-off period.
Consumer: the natural person who does not act in the course of a business or profession and enters into a distance contract with the entrepreneur.
Day: calendar day.
Continuous transaction: a distance contract concerning a series of products and/or services where the delivery and/or performance obligation is spread over time.
Durable medium: any means which allows the consumer or entrepreneur to store information addressed personally to them in a way that enables future access and unchanged reproduction of the stored information.
Right of withdrawal: the consumer’s right to withdraw from the distance contract within the withdrawal period.
Standard withdrawal form: the standard withdrawal form made available by the entrepreneur, which a consumer can complete when they wish to exercise their right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers via distance selling.
Distance contract: a contract concluded within the framework of an organized system for distance selling of products and/or services by the entrepreneur, up to and including the conclusion of the contract, exclusively by using one or more means of distance communication.
Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same room.
General terms and conditions: these general terms and conditions of the entrepreneur.
Article 2 - Entrepreneur's Identity
Jexxon
Netherlands
Email: info@fashion-yard.com
Article 3 - Applicability
These general terms and conditions apply to any offer made by the entrepreneur and for any distance contract entered into and orders placed 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 are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.
If the distance contract is concluded electronically, the text of these general terms and conditions, contrary to the previous section, can be made available to the consumer electronically in such a way that it can easily be stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated, 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 to the consumer upon request via electronic means or otherwise.
In the event that specific product or service terms also apply in addition to these general terms and conditions, the second and third sections apply accordingly. In the case of conflicting general terms and conditions, the consumer may always invoke the provision that is most favorable to them.
If one or more provisions in these general terms and conditions are canceled or annulled, in whole or in part, at any time, the agreement and these terms and conditions remain valid for the rest, and the relevant provision will be replaced by a provision agreed upon in mutual consultation as soon as possible, which closely aligns with the purpose of the original provision.
Situations not addressed in these general terms and conditions must be assessed in accordance with the spirit of these general terms and conditions.
Ambiguities in the interpretation or content of one or more provisions in our terms and conditions must be interpreted in accordance with the spirit of these general terms and conditions.
Article 4 - 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 non-binding. The entrepreneur has the right to modify and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to enable the consumer to make an informed judgment about the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are for guidance only and cannot form the basis for compensation or termination of the agreement.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the colors shown will exactly match the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This particularly concerns:
- the price including taxes;
- any shipping costs;
- the way the agreement will be concluded and what actions are required for this;
- whether the right of withdrawal applies;
- the method of payment, delivery, and fulfillment of the agreement;
- the period for accepting the offer or the period within which the entrepreneur guarantees the price;
- the rate for remote communication if the costs of using remote communication means are calculated based on something other than the usual basic rate for the communication medium used;
- whether the agreement will be filed after its conclusion, and if so, how it will be accessible to the consumer;
- how the consumer can check the data they have provided in connection with the agreement before concluding it, and, if desired, correct it;
- any other languages the agreement can be concluded in besides Dutch;
- the codes of conduct the entrepreneur is subject to and how the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a continuous transaction.
Article 5 - The Agreement
The agreement is concluded subject to the provisions in paragraph 4 at the moment the consumer accepts the offer and meets the conditions stated therein.
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 receipt of this acceptance by the entrepreneur has not been confirmed, 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
Within the legal framework, the entrepreneur can investigate whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly concluding the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to conclude the agreement, they have the right to refuse an order or request or to attach specific conditions to its execution.
The entrepreneur will provide the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- the visiting address of the entrepreneur’s business where the consumer can address complaints;
- the terms and conditions and the method by which the consumer can exercise their right of withdrawal, or a clear statement of the exclusion of the right of withdrawal;
- information about guarantees and existing after-sales service;
- the data mentioned in Article 4, paragraph 3, of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the conclusion of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.
Any agreement is concluded on the condition that the relevant products are sufficiently available.
Article 6 - Right of Withdrawal
Withdrawal
For the delivery of products:
When purchasing products, the consumer has the option to cancel the agreement without giving any reasons within 14 days. This cooling-off period starts the day after the consumer or a third party designated by the consumer, who is known to the entrepreneur, has received the product.
During the withdrawal period, the consumer must handle the product and packaging with care. They may only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, the product must be returned with all delivered accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days after receiving the product. The consumer must notify the entrepreneur of this using the model form or by using another communication method such as email. Once the consumer has indicated that they wish to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by providing proof of shipment.
If the consumer has not notified the entrepreneur of their intention to exercise their right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.
For the delivery of services:
In the case of the delivery of services, the consumer has the option to cancel the agreement without providing reasons within at least 14 days, starting from the day the agreement is concluded.
To exercise the right of withdrawal, the consumer must comply with the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery.
Article 7 - Costs in the Event of Withdrawal
If the consumer exercises their right of withdrawal, the maximum costs for returning the goods shall be borne by them.
If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is contingent upon the product being received back by the webshop or upon conclusive proof of complete return shipment. The refund will be made using the same payment method the consumer used, unless the consumer explicitly agrees to a different payment method.
If the product is damaged due to the consumer’s negligent handling, the consumer is responsible for any depreciation in the product’s value.
The consumer cannot be held liable for any depreciation in the product’s value if the entrepreneur has not provided all legally required information about the right of withdrawal, which should have been given before the purchase agreement was concluded.
Article 8 - Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer or at least in a timely manner before the agreement is concluded.
Article 8 - Exclusion of the Right of Withdrawal
Exclusion of the right of withdrawal is only possible for products:
- that were produced by the entrepreneur according to the consumer’s specifications;
- that are clearly of a personal nature;
- that cannot be returned due to their nature;
- that can spoil or age quickly;
- whose price is dependent on fluctuations in the financial market, which the entrepreneur cannot influence;
- for single newspapers and magazines;
- for audio and video recordings and computer software, where the consumer has broken the seal;
- for hygiene products, where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- that concern accommodation, transport, catering, or leisure activities that must be performed on a specific date or within a specific period;
- where delivery has started with the consumer’s express consent, before the withdrawal period has expired;
- in connection with betting and lotteries.
Article 9 - 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.
Contrary to the previous section, the entrepreneur may offer products or services at prices subject to fluctuations in the financial market, which the entrepreneur cannot influence. These fluctuations and any stated prices are indicative and will be specified in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory provisions or regulations.
Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has set this out and:
- they are the result of statutory rules or regulations; or
- the consumer has the right to terminate the agreement with effect from the day the price increase takes effect.
The prices listed in the offer for products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.
Article 10 - Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications in the offer, the reasonable requirements of soundness and/or applicability, and the applicable laws and/or government regulations in effect at the time the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.
A guarantee from the entrepreneur, the manufacturer, or the importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months of discovery.
The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual consumer’s use or for advice regarding the use or application of the products.
The warranty does not apply if:
- the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
- the delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the entrepreneur’s instructions and/or the packaging;
- the defect is wholly or partly the result of rules set by the government regarding the nature or quality of the materials used.