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General Terms and Conditions Jacomine! Creations
Jacomine! Creations is registered with the Chamber of Commerce under number 30187264 and is located at Walkade 16a, 3401DS in IJsselstein.
Article 1 Definitions
- In these general terms and conditions, the following terms are used in the following meanings, unless expressly stated otherwise:
- Offer: Any written offer to the Buyer to supply Products by the Seller to which these terms and conditions are inextricably linked.
- Business: The natural or legal person acting in the exercise of a profession or business.
- Consumer: The natural person who does not act in the exercise of a profession or business.
- Buyer: The Business or the Consumer who enters into an Agreement (remotely) with the Seller.
- Agreement: The purchase agreement (remotely) aimed at the sale and delivery of Products purchased by the Buyer from Jacomine! Creations.
- Products: The Products offered by Jacomine! Creations, books, and miniatures manufactured by Jacomine! Creations.
- Seller: The provider of Products to the Buyer, hereinafter: Jacomine! Creations.
Article 2 Applicability
- These general terms and conditions apply to any Offer from Jacomine! Creations and any Agreement between Jacomine! Creations and a Buyer and to any Product offered by Jacomine! Creations.
- Before a remote Agreement is concluded, the Buyer can view these general terms and conditions on the Jacomine! Creations website. If this is not reasonably possible, Jacomine! Creations will indicate upon request how the Buyer can view the general terms and conditions.
- In exceptional situations, deviations from these general terms and conditions are possible if this has been explicitly agreed upon in writing with Jacomine! Creations.
- These general terms and conditions also apply to supplementary, modified, and subsequent agreements with the Buyer. Any general and/or purchase conditions of the Buyer are expressly rejected.
- If one or more provisions of these general terms and conditions are partially or entirely null and void or annulled, the remaining provisions of these general terms and conditions shall remain in effect, and the null and void/annulled provision(s) will be replaced by a provision with the same intent as the original provision.
- Uncertainties about the content, explanation, or situations not regulated in these general terms and conditions should be assessed and explained according to the spirit of these general terms and conditions.
- If these general terms and conditions refer to she/her, this should also be understood as a reference to he/him/his, where applicable.
Article 3 The Offer
- All offers made by Jacomine! Creations are without obligation unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An Offer is only valid if it is recorded in writing.
- Jacomine! Creations is only bound by the Offer if the acceptance thereof by the Buyer is confirmed in writing within 30 days, or if the Buyer has already paid the due amount. Nevertheless, Jacomine! Creations has the right to refuse an Agreement with a potential Buyer for a valid reason for Jacomine! Creations.
- Apparent mistakes or errors in the Offer do not bind Jacomine! Creations. Any images and specific details in the Offer are only an indication and cannot be a reason for any compensation or dissolution of the Agreement (remotely). Jacomine! Creations cannot guarantee that the colors in the image exactly match the real colors of the Product.
- Delivery times and Terms: Jacomine! Creations will ship the order, in principle, on the first working day after receipt of payment. Jacomine! Creations is not responsible for the delivery speed by the shipping companies it engages and does not give the Buyer the right to dissolve or claim compensation for exceeding these, unless expressly agreed otherwise.
- A composite price quotation does not obligate Jacomine! Creations to deliver part of the items included in the offer or Offer for a corresponding part of the quoted price.
- If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until the date mentioned in the offer and while stocks last.
Article 4 Conclusion of the Agreement
- The Agreement is concluded at the moment that the Buyer has accepted an Offer from Jacomine! Creations and Jacomine! Creations has received confirmation thereof.
- An Offer can be made by Jacomine! Creations via email or the website.
- If the Buyer has accepted the Offer by concluding an Agreement with Jacomine! Creations, Jacomine! Creations will confirm the Agreement with the Buyer in writing, at least by email.
- If the acceptance deviates (on minor points) from the Offer, Jacomine! Creations is not bound by it.
- Jacomine! Creations is not bound by an Offer if the Buyer could reasonably have expected or should have understood that the Offer contains an obvious mistake or error. The Buyer cannot derive any rights from this mistake or error.
- The right of withdrawal is excluded for Buyers who are Businesses. Buyers who are Consumers have the option to dissolve the agreement without stating reasons within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and notified to the entrepreneur.
- 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 if he wishes to keep the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store. If he makes use of his right of withdrawal, he will return the product with all delivered accessories and in the original condition and packaging to the entrepreneur.
- If the Consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days after receipt of the product. After the Consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product without delay. The Consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
- If the Consumer has not indicated his intention to exercise his right of withdrawal within the periods mentioned in paragraphs 7 and 8, or if the product has not been returned, the purchase is a fact.
Article 5 Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, the maximum costs of return will be for his account.
- 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, provided that the product has already been received back by the online retailer. Refunds will be made using the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
- In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
- The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before concluding the purchase agreement.
Article 6 Exclusion of right of withdrawal
The entrepreneur can exclude the right of withdrawal for the consumer if…