COMPANY STRUCTURE

The offer of movable items on Jersey Centrum is not sold by Website Holder, but by Seller. When purchasing movable items, a contract is therefore concluded between Buyer and Seller. Website Holder itself is therefore not a party to this contract of sale. The terms and conditions applicable between Seller and Buyer are included in this document for convenience. Note: These terms and conditions apply between Buyer and Seller and are therefore not enforceable against Website Holder.

If Seller is located in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This directive includes the following rights and guarantees:

• Seller must give Buyer information regarding taxes, payment, delivery and performance of the agreement clearly and in writing.
• Buyer receives order within 30 days, unless another period is agreed with Seller. If the movable item in question is not or no longer available, the Seller must inform the Buyer. Any (down)payments must be refunded within 30 days, unless Seller delivers a comparable movable item.
• The Buyer has a right of withdrawal, meaning that the Buyer may return the purchase for at least fourteen days without giving reasons. Any shipping costs incurred will be borne by the Buyer. Any (down)payments must be refunded within thirty days.

ARTICLE 1 – DEFINITIONS

In these terms and conditions, the following definitions shall apply:

Additional contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the trader or by a third party on the basis of an agreement between that third party and the trader.

Grace period: the period within which the consumer can exercise his right of withdrawal.

Consumer: the natural person who is not acting in the exercise of profession, business or craft and enters into an agreement with the entrepreneur.

Day: calendar day.

Digital content: data produced and delivered in digital form.

Duration transaction: an agreement relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

Durable data carrier: every (auxiliary) means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation and unaltered reproduction of the stored information, including e-mail.

Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period.

Model form: the form for withdrawal that is made available to the consumer by the entrepreneur and can be completed by the consumer when he wants to exercise his right of withdrawal.

Entrepreneur: the natural or legal person who offers products and/or (access to) digital content and/or services to consumers at a distance.

Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication with the consumer.

Technique for distance communication: means that can be used for the conclusion of a distance contract, without the consumer and entrepreneur being together in the same room at the same time.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

ARTICLE 2 – RIGHTS OF THE BUYER

If Seller is located in a European Union (EU) country, UK, Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This directive includes the following rights and guarantees:

• Seller must give Buyer information regarding taxes, payment, delivery and performance of the contract clearly and in writing.
• Buyer receives order within 30 days, unless another period is agreed with Seller. If the movable item in question is not or no longer available, the Seller must inform the Buyer. Any (advance) payments must be refunded within 30 days, unless Seller delivers a comparable movable item.
• The Buyer has a right of withdrawal, meaning that the Buyer may return the purchase for at least fourteen days without giving reasons. Any shipping costs incurred will be borne by the Buyer. Any (down)payments must be refunded within thirty days.

ARTICLE 3 – NATURE OF THE MEDIATION SERVICE

The offer of movable property on Jersey Centrum is not sold by Website Holder, but by Seller. When purchasing movable property, a contract is therefore concluded between Buyer and Seller.

Through the Website, certain movable items are purchased from third parties, who may or may not be based in the European Union.

The service provided by Website Holder is an intermediary service provided to a third party. When ordering a movable item via the Website, Website Holder is authorized to act as intermediary, in the name of Buyer and on behalf of Buyer, and to order the movable item from the actual Seller of the movable item in question.

If the actual Seller is located outside the Netherlands and therefore the movable item in question has to be imported, this shall take place in the name of the Buyer. Additional costs such as import VAT and (customs) clearance costs shall be borne by Buyer.

ARTICLE 4 – PAYMENT

Settlement of payment for the purchased product is made through Website Holder. Website Holder also takes care of (onward) payment to the actual Seller.

It is possible that the prices indicated on the Website differ from the amounts that Website Holder (re)pays to the actual Seller. It is possible that Seller is given the opportunity to purchase the product, after it has been purchased by Buyer, for a lower amount. In these cases, the difference between the amount paid by Buyer and the amount paid to the actual Seller is considered as compensation for the intermediary service provided by Website Holder to the third party.

ARTICLE 5 – COMPLAINTS PROCEDURE

In the event that the Buyer is dissatisfied with the manner in which the mediation agreement has been executed, this may be made known to Website Holder via the contact details listed on the Website. Any report made by Buyer will be handled by Website Holder with the utmost care and as soon as possible. Website Holder will provide a substantive response to Buyer no more than fourteen days after receipt of the notification.

In the event of dissatisfaction with the procedure referred to in paragraph 1 of this article, the Buyer can turn to the Disputes Committee of the European ODR Platform (https://ec.europa.eu/consumers/odr/).

ARTICLE 6 – RIGHT OF WITHDRAWAL

On delivery of products:

When purchasing products, the consumer has the possibility of dissolving the contract for 14 days without giving reasons.

This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.

The cooling-off period starts on the day on which the consumer, or a third party designated by him, has received the last product when the consumer has ordered several products in the same order; on the day on which the consumer has received the last shipment or part when the delivery consists of different shipments or parts; or on the day on which the consumer has received the first product when the agreement extends to the regular delivery of products during a fixed period.

In the case of services and digital content:

In the case of a service contract or a contract for the supply of digital content not supplied on a tangible medium, the consumer may dissolve the contract for fourteen days without giving reasons. These fourteen days start from the day following the conclusion of the contract.

If the entrepreneur has not provided the consumer with the legally required information on the right of withdrawal or the model withdrawal form, the cooling-off period expires 12 months after the end of the original cooling-off period.

During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and, if reasonably possible, in the original condition and packaging to the entrepreneur.

If the consumer wishes to use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product using the model form. After notification, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.

ARTICLE 7 – COSTS FOR EXERCISING THE RIGHT OF WITHDRAWAL

When exercising the right of withdrawal by the consumer, at most the cost of return shipment will be for his account.

The entrepreneur will refund the purchase amount as soon as possible, but no later than 14 days after revocation, in the same way that was used by the consumer. This requires return receipt by the merchant or conclusive proof of complete return.

Any decrease in value of the product caused by careless handling is the responsibility of the consumer. This cannot be invoked if the entrepreneur has not provided all legally required information regarding the right of withdrawal before the conclusion of the purchase agreement.

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

Exclusion of the right of withdrawal is only possible if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract, and it concerns one of the products listed in the paragraphs below.

Exclusion is only possible for products: that are brought about by the entrepreneur in agreement with specifications of the consumer; that are clearly personal in nature; that can spoil or age quickly; whose price is subject to fluctuations in the financial market beyond the Entrepreneur’s control; for individual newspapers and magazines; for audio and video recordings and computer software of which the consumer has broken the seal; or for hygienic products of which the consumer has broken the seal.

Exclusion is only possible for services: regarding accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period; whose delivery has started with the express consent of the consumer before the cooling-off period has expired; or concerning betting and lotteries.

ARTICLE 9 – PRICE

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

The Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.

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

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and they are the result of legal regulations or stipulations, or the consumer is authorized to terminate the contract on the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of such errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to supply the product according to the incorrect price.

ARTICLE 10 – GUARANTEE AND CONFORMITY

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement against the entrepreneur can assert.

Any defects or incorrect products delivered must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.

The warranty does not apply if: the consumer has repaired and/or modified the delivered products themselves; the delivered products are exposed to abnormal conditions or otherwise carelessly treated or contrary to the instructions of the entrepreneur and/or on the packaging; or the defectiveness is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

ARTICLE 11 – DELIVERY AND IMPLEMENTATION

The entrepreneur will take the greatest possible care when receiving and in the execution of orders of products and in the assessment of applications for the provision of services.

The place of delivery is the address that the consumer has made known to the company.

Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives this notice no later than 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.

All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term gives the consumer no right to compensation.

In case of dissolution, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.

If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and disclosed representative, unless otherwise expressly agreed.

ARTICLE 12 – DURATION TRANSACTIONS: DURATION, TERMINATION AND EXTENSION

Termination

The consumer may terminate a contract for an indefinite period at any time in accordance with agreed termination rules and a notice of up to one month.

The consumer may terminate a fixed-term contract at any time at the end of the fixed term in compliance with the applicable termination rules and a period of notice that does not exceed one month.

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

Renewal

A fixed-term contract that has been entered into for the regular supply of products or services may not be tacitly extended or renewed for a fixed term.

A fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer can terminate this extended contract by the end of the extension with a notice period not exceeding one month.

A fixed-term contract may be tacitly extended for an indefinite period of time only if the consumer may terminate it at any time with a period of notice that does not exceed one month.

A contract with a limited duration for the regular supply of trial subscriptions ends automatically at the end of the trial or introductory period.

Duration

If a contract lasts more than one year, after one year the consumer may at any time terminate the contract with a notice of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

ARTICLE 13 – PAYMENT

Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In 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 immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.

In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.

ARTICLE 14 – COMPLAINTS PROCEDURE

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the implementation of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has found 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute settlement procedure.

ARTICLE 15 – DISPUTES

On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies.

ARTICLE 16 – ADDITIONAL OR DIFFERENT PROVISIONS

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and should be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.