Index:
Article 1 - Definitions
Article 2 - Identity of Jeway
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Consumer's Obligations During the Reflection Period
Article 8 - Exercise of the Consumer's Right of Withdrawal and Costs
Article 9 - Jeway's Obligations in the Event of Withdrawal
Article 10 - Exclusion of the Right of Withdrawal
Article 11 - The Price
Article 12 - Compliance and Additional Warranty
Article 13 - Delivery and Execution
Article 14 - Duration Transactions: Duration, Termination, and Extension
Article 15 - Payment
Article 16 - Complaints Procedure
Article 17 - Disputes
Article 18 - Additional or Different Provisions
Article 1 - Definitions: In these terms and conditions, the following definitions apply:
Additional Agreement: An agreement through which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items, digital content, and/or services are provided by Jeway or a third party based on an agreement between that third party and Jeway.
Reflection Period: The period within which the consumer may exercise their right of withdrawal.
Consumer: A natural person who does not act for purposes related to their trade, business, occupation, or profession.
Day: Calendar day.
Digital Content: Data that is produced and supplied in a digital form.
Long-Term Contract: A contract that refers to the regular delivery of goods, services, and/or digital content over a specific period.
Durable Data Carrier: Any tool, including email, that enables the consumer or entrepreneur to store information that is personally addressed to them in a way that allows for future consultation or use over a period suitable for the purpose for which the information is intended and that allows the unaltered reproduction of the stored information.
Right of Withdrawal: The ability of the consumer to withdraw from the distance contract within the reflection period.
Distance Contract: A contract concluded between Jeway and the consumer as part of an organized system for the remote sale of products, digital content, and/or services, in which one or more techniques of distance communication are used solely or partially until the conclusion of the contract.
Withdrawal Form Template: The European withdrawal form template included in Annex I of these terms and conditions.
Article 2 - Identity of Jeway:
Email address: info@jewayfashion.com
Chamber of Commerce number: 93334575
VAT identification number: NL005016337B41
Article 3 - Applicability:
These general terms and conditions apply to every offer by Jeway and to every distance contract entered into 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, Jeway will indicate, before the distance contract is concluded, how the general terms and conditions can be consulted on Jeway and that they will be sent free of charge to the consumer as soon as possible if requested.
If the distance contract is concluded electronically, in derogation of the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in a way that allows the consumer to easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.
In case specific product or service conditions apply in addition to these general terms and conditions, paragraphs two and three shall apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting conditions.
Article 4 - The Offer:
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is detailed enough to allow the consumer to make an adequate assessment of the offer. If Jeway uses images, these are a true representation of the products, services, and/or digital content offered. Obvious errors or mistakes in the offer do not bind Jeway.
Each offer contains the necessary information for the consumer to clearly understand what rights and obligations arise from the acceptance of the offer.
Article 5 - The Agreement:
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the corresponding conditions.
If the consumer has accepted the offer electronically, Jeway will immediately confirm the receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by Jeway, the consumer may dissolve the agreement.
If the agreement is concluded electronically, Jeway will take the appropriate technical and organizational measures to ensure the electronic transfer of data and provide a secure web environment. If the consumer can pay electronically, Jeway will take appropriate security measures.
Within the legal frameworks, Jeway may inquire about the consumer's ability to fulfill payment obligations, as well as all relevant facts and factors to conclude the distance contract responsibly. If, based on this investigation, Jeway has reasons to refrain from concluding the agreement, it has the right to reject an order or request, providing reasons, or attach special conditions to the execution.
Before providing the product, digital content, and/or service, the text of these general terms and conditions will be made available to the consumer electronically in a way that allows the consumer to easily store them on a durable data carrier. If this is not reasonably possible, Jeway will indicate, before the distance contract is concluded, where the general terms and conditions can be inspected electronically and that they will be sent free of charge to the consumer upon request, either electronically or otherwise.
In case specific product or service conditions apply in addition to these general terms and conditions, paragraphs two and three apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting conditions.
Article 6 - Right of Withdrawal:
When purchasing products, the consumer has the option to dissolve the contract without providing a reason during a reflection period of at least 30 days. Jeway may ask the consumer about the reason for the withdrawal, but it cannot oblige the consumer to provide their reasons.
Article 7 - Consumer's Obligations During the Reflection Period:
During the reflection period, the consumer will handle the product and its packaging with care. The product will only be unpacked or used to the extent necessary to evaluate if they wish to keep it. If they exercise their right of withdrawal, the consumer will return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging to Jeway, in accordance with the reasonable and clear instructions provided by Jeway.
Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs:
If the consumer exercises their right of withdrawal, they must notify Jeway within the reflection period using the withdrawal form or another unambiguous method.
Article 9 - Jeway's Obligations in Case of Withdrawal:
If Jeway allows the consumer's withdrawal notice to be made electronically, it will send an acknowledgment of receipt without delay after receiving such notification.
Article 10 - Exclusion of the Right of Withdrawal:
Jeway 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 possible for products:
- that have been created by Jeway according to the consumer's specifications;
- that are clearly of a personal nature;
- that cannot be returned due to their nature;
- that are likely to deteriorate or expire quickly;
- whose price is subject to fluctuations in the financial market over which Jeway has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software whose seal has been broken by the consumer.
Article 11 - The Price:
During the period of validity indicated in the offer, the prices of the offered products and/or services will not increase, except for price changes due to changes in VAT rates.
Notwithstanding the preceding paragraph, Jeway may offer products or services whose prices are subject to fluctuations in the financial market over which Jeway has no influence, at variable prices. This link to fluctuations and the fact that any price indicated is an indicative price will be indicated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from regulations or legal provisions.
Price increases after 3 months from the conclusion of the agreement are only permitted if Jeway has stipulated it and:
a. they result from regulations or legal provisions; or
b. the consumer has the right to rescind the agreement as of the day the price increase is made.
The prices indicated in the offer for products or services include VAT.
Article 12 - Compliance and Additional Warranty:
Jeway guarantees that the products and/or services comply with the contract, the specifications indicated in the offer, the reasonable requirements of reliability and/or usability, and the legal and/or governmental regulations in place at the time the agreement is concluded. If agreed upon, Jeway also guarantees that the product is suitable for a use other than normal use.
An additional warranty provided by Jeway, its supplier, manufacturer, or importer does not limit the legal rights and claims that the consumer may assert against Jeway under the contract if Jeway has failed to fulfill its part of the agreement.
An additional warranty is any commitment by Jeway, its supplier, importer, or manufacturer where Jeway grants the consumer certain rights or claims that go beyond what is legally required in the event of failure to fulfill its part of the agreement.
Article 13 - Delivery and Execution:
Jeway will exercise the utmost care in receiving and executing product orders and evaluating requests for service provision.
The place of delivery is considered the address communicated by the consumer to Jeway.
Subject to the provisions of Article 4 of these general terms and conditions, Jeway will execute accepted orders expediently, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation.
After the dissolution in accordance with the previous paragraph, Jeway will promptly refund the amount paid by the consumer.
The risk of damage and/or loss of products remains with Jeway until the moment of delivery to the consumer or a designated representative announced to Jeway, unless expressly agreed otherwise.
Article 14 - Duration Transactions: Duration, Termination, and Extension:
Termination:
The consumer may terminate an agreement concluded for an indefinite period, related to the regular delivery of products or services, at any time, observing the agreed termination rules and a notice period of up to one month.
The consumer may terminate an agreement concluded for a fixed period, related to the regular delivery of products or services, at any time at the end of the specified duration, observing the agreed termination rules and a notice period of up to one month.
The consumer may terminate the agreements mentioned in the previous paragraphs:
- at any time, not restricted to termination at a specific time or during a specific period;
- terminate at least in the same manner in which these agreements were concluded by them;
- always terminate with the same notice period that Jeway has stipulated for itself.
Extension:
An agreement concluded for a fixed period related to the regular delivery of products or services cannot be tacitly renewed or extended for a specific period.
Notwithstanding the previous paragraph, an agreement concluded for a fixed period may be tacitly renewed for a specific period of up to three months if the consumer can terminate this extended agreement at the end of the extension period with a notice period of up to one month.
An agreement concluded for a fixed period related to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can terminate at any time with a notice period of up to one month.
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 up to one month, unless reasonableness and fairness oppose termination before the agreed duration ends.
Article 15 - Payment:
Unless otherwise specified in the agreement or additional conditions, amounts owed by the consumer must be paid within 14 (fourteen) days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 (fourteen) days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period begins the day after the consumer has received confirmation of the agreement.
In the sale of products to consumers, the consumer will never be obliged, under general terms and conditions, to make an advance payment of more than 50%. When an advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
The consumer is obliged to inform Jeway of any inaccuracies in the payment details provided or indicated to Jeway without delay.
If the consumer fails to fulfill their payment obligations on time, they will owe legal interest on the amount still owed after Jeway has reminded them of the late payment and given the consumer a period of 14 (fourteen) days to fulfill their payment obligations. After the expiration of the 14-day period, Jeway has the right to charge the consumer the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on amounts due up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. Jeway may deviate from these amounts and percentages in favor of the consumer.
Article 16 - Complaints Procedure:
Jeway has a sufficiently disclosed complaints procedure and handles the complaint according to this complaints procedure.
Complaints about the performance of the agreement must be submitted to Jeway in writing within a reasonable period after the consumer has discovered the defects, described completely and clearly.
Complaints submitted to Jeway will be answered within 14 (fourteen) days from the date of receipt. If a complaint requires a foreseeable longer processing time, Jeway will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
Article 17 - Disputes:
The agreements between Jeway and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law. All disputes arising from the agreement and/or these general terms and conditions will be submitted to the competent court in the district where Jeway has its registered office.
Article 18 - Additional or Derived Provisions:
Additional or derived provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.
