Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: a natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract related to a series of products and/or services, the delivery and/or performance obligation of which is spread over time;

Durable data carrier: any medium that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows for future consultation and unchanged reproduction of the stored information;

Right of withdrawal: the possibility for the consumer to cancel 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 concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, where communication up to and including the conclusion of the contract is solely carried out using one or more techniques for remote communication;

Remote communication technique: a means that can be used to conclude a contract, without the consumer and entrepreneur simultaneously being in the same location;

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

Article 2 – Identity of the Entrepreneur

Juardy

Beukenhof 17, 2411ZL, Bodegraven, Netherlands

Email address: support@juardy.com

Chamber of Commerce: 86956272

VAT Number: NL004331019B61

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and 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 stated that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge upon request.

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

If, in addition to these general terms and conditions, specific product or service terms apply, the second and third sections will apply accordingly, and the consumer may rely on the provision that is most favorable to them in case of conflicting terms.

If one or more provisions in these general terms and conditions are found to be invalid or voided at any time, the agreement and these terms and conditions will remain in effect, and the relevant provision will be replaced as soon as possible by a provision that approximates the original intent.

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

Any ambiguities regarding the explanation or content of one or more provisions of these terms and conditions should be interpreted 'in the spirit' of these terms and conditions.

Article 4 – The Offer

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

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is detailed enough to allow the consumer to assess the offer correctly. If the entrepreneur uses images, these are a truthful 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 may not serve as a basis for compensation or dissolution of the contract.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors match the actual colors of the products exactly.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with the acceptance of the offer. This includes, in particular:

• the price including taxes;
• any shipping costs;
• the manner in which the contract will be concluded and what actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and execution of the agreement;
• the period for acceptance of the offer, or the period during which the entrepreneur guarantees the price;
• the rate for remote communication if the cost of using the remote communication technique is based on a different basis than the regular basic rate for the communication medium used;
• whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer;
• how the consumer can check and, if desired, correct the information provided in the agreement before concluding the agreement;
• any other languages in which the agreement can be concluded, besides Dutch;
• the codes of conduct the entrepreneur has adhered to and how the consumer can electronically consult these codes;
• the minimum duration of the distance contract in case of a long-term transaction.

Optional: available sizes, colors, materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set out.

If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance without delay by electronic means. Until the entrepreneur confirms receipt of this acceptance, 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.

The entrepreneur may – within legal limits – inquire whether the consumer can meet their payment obligations, as well as any facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good grounds not to enter into the agreement based on this investigation, they are entitled to refuse an order or request or to attach special conditions to its execution.

The entrepreneur will provide the consumer with the following information, in writing or in such a way that it can be easily stored by the consumer on a durable data carrier:

• the address of the entrepreneur's establishment where the consumer can address complaints;
• the conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear statement that the right of withdrawal does not apply;
• information on warranties and existing after-sales service;
• the data mentioned in Article 4, paragraph 3, unless these have already been provided to the consumer before the execution of the agreement;
• the requirements for cancellation of the agreement if the agreement lasts more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous section applies only to the first delivery.

Every agreement is concluded subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the possibility to cancel the agreement without providing any reasons within 14 days. This cooling-off period starts the day after the consumer receives the product or a representative designated by the consumer who is notified to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they wish to exercise their right of withdrawal, they must return the product with all accessories provided and, if reasonably possible, in its original state and packaging, according to the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to use their right of withdrawal, they are required to inform the entrepreneur within 14 days of receiving the product. The consumer must inform the entrepreneur via a written message or email. After notifying the entrepreneur of their intent to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must provide proof that the goods have been returned in time, such as by providing proof of shipment.

If the customer has not informed the entrepreneur of their intent to exercise their right of withdrawal or returned the product within the periods mentioned in paragraphs 2 and 3, the purchase is final.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are at the consumer's expense.

If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after withdrawal. The condition for this is that the product has already been returned to the web store or conclusive proof of the complete return can be provided.

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 is only valid if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before concluding the agreement.

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

• Made by the entrepreneur according to the consumer's specifications;
• Clearly personal in nature;
• Which by their nature cannot be returned;
• Which may spoil or age quickly;
• Whose price is tied to fluctuations in the financial market over which the entrepreneur has no control;
• For single newspapers and magazines;
• For audio and video recordings and computer software that the consumer has broken the seal of;
• For hygiene products whose seal the consumer has broken.

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

• Regarding accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
• Where the delivery has started with the consumer's explicit consent before the reflection period has expired;
• Concerning 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.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no control, at variable prices. This dependency on fluctuations and the fact that any prices stated are indicative, will be mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

Price increases after 3 months following the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:

• These are the result of legal regulations or provisions; or
• The consumer has the right to terminate the agreement from the day the price increase takes effect.

The prices stated for products or services in the offer include VAT.

All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing or typographical errors. In the case of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Guarantee

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 applicable laws and government regulations in force at the time the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

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

Any defects or incorrect deliveries must be reported in writing to the entrepreneur within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

• The consumer has repaired and/or altered the delivered products themselves or has had them repaired and/or altered by third parties;
• The delivered products have been exposed to abnormal conditions or otherwise have been treated carelessly or contrary to the instructions of the entrepreneur and/or the packaging instructions;
• The defect is wholly or partly the result of government regulations concerning the nature or quality of the applied materials.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care in receiving and executing orders for products.

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

Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur will carry out accepted orders with due speed, but no later than within 30 days, unless the consumer agrees to a longer delivery period. If delivery is delayed, or if an order cannot be fully executed, the consumer will be notified no later than 30 days after placing the order. In this case, the consumer has the right to cancel the agreement at no cost and is entitled to any compensation.

In case of cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after cancellation.

If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a substitute item. At the time of delivery, it will be clearly and understandably stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for substitute items. The costs of a possible return are at the entrepreneur's expense.

The risk of damage and/or loss of products lies with the entrepreneur until delivery to the consumer or a representative designated and known to the entrepreneur, unless otherwise agreed.

Article 12 – Duration Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement that is entered into for an indefinite period and that involves the regular delivery of products (including electricity) or services, at any time, respecting the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a fixed period and that involves the regular delivery of products (including electricity) or services, at any time before the end of the fixed duration, respecting the agreed termination rules and a notice period of no more than one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

• At any time, and is not limited to termination at a specific time or during a specific period;
• At least in the same manner as they were entered into;
• Always with the same notice period that the entrepreneur has agreed for themselves.

Renewal

An agreement entered into for a fixed period and that involves the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a specific duration.

Notwithstanding the previous paragraph, an agreement entered into for a fixed period and that involves the regular delivery of daily, weekly, and monthly newspapers and magazines may be tacitly renewed for a period of no more than three months, provided that the consumer can cancel the renewed agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a fixed period and that involves the regular delivery of products 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 and a notice period of no more than three months if the agreement involves the regular delivery of daily, weekly, and monthly newspapers and magazines less than once a month.

An agreement with a limited duration for the regular delivery of daily, weekly, and monthly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, with a notice period of no more than one month, unless fairness and equity oppose termination before the agreed duration ends.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has the obligation to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right, unless otherwise provided by law, to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure

Complaints about the performance of the agreement must be submitted fully and clearly within 7 days to the entrepreneur after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with an acknowledgment 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 the dispute resolution procedure.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

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

Article 15 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.