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J-Martens trading company, Raamsdonk
1. Applicability
2. Offer and acceptance
3. Price
4. Payment
5. Delivery, risk
6. Monitoring & complaints
7. Exchanges or money back
8. Liability J-Martens.nl
9. Partial nullity, waiver
10. Declaration to be authorized to enter into a purchase agreement
11. Applicable law and competent court
1. Applicability
1.1 These conditions apply to all offers, agreements and orders for delivery of goods by J Martens HO, acting under the name J-Martens feestwinkel, which have taken place or have come about through the online webshop of J-Martens.nl feestwinkel.
1.2 By giving an order, as well as by accepting an offer made by J-Martens ho, the other party always and exclusively accepts the applicability of these terms and conditions, under the express exclusion of its own general terms and conditions, if any.
1.3 Deviations from and/or additions to these terms and conditions shall apply only if and to the extent that
insofar as J-Martens ho has expressly accepted them in writing. The deviation and/or addition shall apply only to the delivery for which such acceptance has occurred.
1.4 An e-mail message also counts as a written statement in these terms and conditions.
1.5 Where reference is made in these general terms and conditions to consumer purchase, this means
meant: the sale that is concluded between the other party and J-Martens feestwinkel regarding movable goods, where the other party is a natural person not acting in the exercise of a profession or business.
2. Offer and acceptance
2.1 All offers made by or on behalf of J-Martens in any way whatsoever (orally, in writing, electronically, digitally etc.), are without obligation and are valid while stocks last.
2.2 J-Martens feestwinkel is not obliged to deliver if an error on the site or a technical defect in the pricing and or VAT listing does not reasonably reflect the value of the product offered.
2.3 If the other party’s acceptance, even if only on minor points,
deviates from the offer of J-Martens ho, no agreement will be established, but shall be deemed to be an offer by the other party.
2.4 An offer by the counterparty shall be deemed accepted by J-Martens ho only if and as soon as J-Martens HO has confirmed it in writing.
2.5 Offers and/or quotations of J-Martens HO do not apply to repeat orders or new orders.
2.6 The other party has accepted an offer by J-Martens HO if he has entered his account information (customer information) on the J-Martens HO website and or placed an order.
2.7 After an order placed by the counterparty, J-Martens HO will send an order confirmation, accompanied by an invoice.
3. Price
3.1 J-Martens HO uses the prices as stated on the website, unless expressly agreed otherwise in writing. The prices listed on the website include VAT. and excluding delivery charges.
3.2 J-Martens HO is entitled not to make delivery in case of incorrect pricing on the site.
4. Payment
4.1 Unless otherwise agreed in writing, payment must be made via the payment methods offered on the site.
4.2 Without prejudice to J-Martens HO’s other rights, if the counterparty fails to pay the amount due in time and/or in full, or otherwise imputably fails to perform its obligations to J-Martens HO, the counterparty shall be in default by operation of law without any demand or notice of default being required.
4.3 J-Martens HO is entitled to recover the extrajudicial collection costs from the other party.
Costs are calculated in accordance with the “Staffel Kantonrechters” Rapport Voorwerk II. The
minimum amount of extrajudicial collection costs is €37.00.
5. Delivery, Risk
5.1 Unless expressly agreed otherwise in writing, delivery shall be made only after
full payment by the other party of the invoice amount via the payment methods on the site.
5.2 J-Martens HO shall determine the method of shipment and the shipping route.
5.3 The other party has an obligation to purchase.
5.4 From the moment J-Martens HO presents goods to its carrier ( PostNL or DHL), the risk of loss or deterioration (a.o.
damage, loss, theft) of the goods with commercial customers at the other party. If there is a consumer purchase, this risk rests with the other party from delivery at the delivery address.
5.5 J-Martens HO is not liable for damage that is/can occur as a result of delayed delivery by the carrier.
6. Monitoring and complaints
6.1 Buyer must check the goods immediately upon receipt. All complaints should
within 48 hours after buyer becomes aware or could reasonably have become aware of any imperfections, defects or deficiencies, notify us in writing via the ticket system on our site. A precise description of the complaint(s) is necessary for this purpose.
6.2 Complaints can also be submitted by e-mail : [email protected]
6.3 Goods, about which the other party has complained, must be carefully and unused,
be stored stain and smoke free and unprocessed in an appropriate place and on
first request of J-Martens HO for further examination to J-Martens HO or a third party to be appointed by it, to be made available by sending the goods to J-Martens HO at the expense of the other party. After investigating the complaint, it will be determined whether refund of shipping costs and damages can take place.
7. Exchange or money back
7.1 Right of withdrawal
You have the right to revoke the agreement within a period of 14 days without giving reasons. The withdrawal period expires 14 days from the day on which you or a third party designated by you, other than the carrier, takes physical possession of the good. In order to exercise the right of withdrawal, you must inform us J-Martens HO (Kuiperspolderke 49,4944BZ Raamsdonk, 0620454749, info(at)j-martens.nl) of your decision to withdraw from the contract by an unequivocal statement (e.g. in writing by post, fax or e-mail). You may use the attached model withdrawal form for this purpose, but are not obliged to do so. To comply with the withdrawal period, it is sufficient to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Business customers are excluded from right of return unless otherwise agreed upon purchase.
7.2 Consequences of revocation
If you withdraw from the contract, you will receive back from us all payments made by you up to that point, including delivery costs (with the exception of any additional costs resulting from your choice of a mode of delivery other than the cheapest standard delivery offered by us) without delay and in any event no later than 14 days after we are informed of your decision to withdraw from the contract. We will refund you using the same means of payment with which you made the original transaction, unless you have expressly agreed otherwise, in which case you will not be charged for such refund. We may wait to refund until we have received the goods back, or you have demonstrated that you have returned the goods, whichever comes first. You must return or hand over the goods to us without delay, but in any event no later than 14 days from the day on which you communicate the decision to withdraw from the contract to us. You are on time if you return the goods before the 14-day period has expired. You are responsible for the direct cost of returning the goods. You are only liable for the depreciation of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and operation of the goods.
7.3 Goods may be returned to:
J-Martens HO
Kuiperspolderke 49
4944BZ Raamsdonk
You may address your withdrawal notice to:
J-Martens party store HO
Kuiperspolderke 49,4944BZ Raamsdonk
Upon receipt, you will receive the order amount in your account within 30 days of the dissolution of the purchase. Return shipping costs are the responsibility of the customer. If you return products at J-Martens.nl ho’s expense, €6.95 (within NL) & €9.95 (from BE to NL) for shipping costs + any payment costs will be deducted from the order amount. If you return part of the order and the original purchase amount is under €75, you will still pay the shipping costs you would have originally paid. Of course, this will be settled on the invoice and deducted from the amount to be refunded. Returns are made entirely at your own risk.
7.4 Try-on clothing is permitted.
7.5 In accordance with EU Distance Selling Directive, no exchange is possible for:
– Have been created in accordance with the buyer’s specifications
– Being clearly personal in nature
– By their nature cannot be returned
– May spoil or age quickly
7.6 Tights, leggings, stockings, collars, wigs, mustaches , gloves, head coverings, masks, lenses, make-up, baby sets, second skin clothing, inflatable items, beards and other types of hair may not be exchanged or returned if removed from the packaging for hygienic reasons. All products are shipped in sealed packaging. If this seal is broken, the product cannot be exchanged or returned. Finally, the item should not contain traces of perfume, smoke, detergent or sweat. While trying on, it is therefore advisable to take this into account, therefore do not try on the products in room where people smoke and make sure that no perfume can come into contact with the costume.
7.7 The products you wish to return must be complete and neat in undamaged packaging. This means including information card and/or label (card with product information such as image, and bar code). Fitting is no problem at all, if there is damage to one or a few product(s), the item in question will be rejected. Trying on and viewing products is the same as you do in a physical store. Business customers are excluded from right of return unless otherwise agreed upon purchase.
8. Liability J-Martens.nl HO
8.1 J-Martens.nl ho is not liable for material or immaterial damages suffered by the other party and/or third parties to which the other party makes the goods available, unless there is intent or gross negligence on the part of J-Martens HO. In particular, J-Martens.nl HO is not liable for health damages.
8.2 eJ-Martens.nl HO is not liable for consequential damage, direct or indirect trading loss, stagnation damage and/or loss of profit.
8.3 The liability of J-Martens.nl HO shall in any case be limited in all circumstances to the amount paid by its liability insurer in the given case.
8.4 If insurers do not pay or the damage is not covered by insurance
covered, liability is limited to three times the net invoice value of the
relevant delivery, up to a maximum of €5,000, –
8.5 The counterparty shall indemnify J-Martens.nl HO for all claims, regardless of the nature and scope thereof, of third parties and waives recourse against J-Martens.nl HO in this respect.
9. Partial nullity, Waiver
9.1 If any provision of these terms and conditions, in whole or in part, is held by a court
destroyed and/or deemed null and void, the provision shall be deemed converted
into a provision that, to the extent possible while maintaining its content and intent,
is not voidable/null.
9.2 If strict performance of these terms and conditions is not always required by J-Martens.nl HO, this does not mean that J-Martens.nl HO waives the right to require strict performance in any case.
10. Declaration to be authorized to enter into a purchase agreement:
By accepting these Terms and Conditions, Buyer declares that he is 18 years of age or older and is thereby qualified to enter into a legally authorized purchase agreement. Where buyer is under 18 years of age, buyer declares to have the consent of his or her parents, guardian or legal representative to enter into the purchase agreement.
11. Applicable law and competent court
11.1 Contracts and any other legal relations between J-Martens.nl HO and the other party shall exclusively be governed by Dutch law.