General Conditions

General Terms and Conditions – Jolly Dutch Productions B.V.

Table of Contents:

Article 1 – Definitions.

Article 2 – Identity of the entrepreneur

Article 3 – Applicability.

Article 4 – Offer

Article 5 – Agreement

Article 6 – Right of withdrawal

Article 7 – Consumer obligations during the cooling-off period

Article 8 – Exercise of right of withdrawal by consumer and costs

Article 9 – Entrepreneur’s obligations in the event of withdrawal

Article 10 – Exclusion of right of withdrawal.

Article 11 – Price

Article 12 – Compliance with the agreement and additional warranty

Article 13 – Delivery and execution

Article 14 – Duration transactions: duration, termination and renewal

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 shall apply:

General Terms and Conditions: The following general terms and conditions;
Grace period: The period within which the consumer can exercise his right of withdrawal;
Consumer: The natural person who is not acting for purposes related to his trade, business, craft or profession;
Day: Calendar day;
Continuity Agreement: An agreement for the regular supply of goods and/or services for a specified period of time;
Durable medium: Any device – including e-mail – that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
Right of withdrawal: The consumer’s ability to waive the distance contract within the withdrawal period;
Entrepreneur: The natural legal person offering products and/or services to consumers at a distance.
Hereafter referred to as JOLLY DUTCH.
Distance contract: An agreement concluded between the trader and the consumer within the framework of an organized system for the distance sale of products, in which, up to and including the conclusion of the agreement, exclusive or joint use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form set out in Annex I to these terms and conditions.
Annex I need not be made available if the consumer does not have a right of withdrawal in respect of his order;
Technology for distance communication: Means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time;

Article 2 – Identity of the entrepreneur

Jolly Dutch Productions B.V., hereinafter referred to as JOLLY DUTCH

Registered office in Utrecht, the Netherlands.

Branch and visiting address:

Kazemat 39 B

3905 NR Veenendaal

E-mail: info@jollydutch.com

Chamber of Commerce number: 70190437Btw-identificatienummer: NL858182865B01

Article 3 – Applicability.

These general terms and conditions apply to every offer by JOLLY DUTCH and to every distance contract concluded between JOLLY DUTCH and consumer
Before the distance agreement is concluded, the text of these general terms and conditions shall be made available to the consumer.
If this is not reasonably possible, JOLLY DUTCH shall, prior to the conclusion of the distance agreement, indicate the manner in which the General Terms and Conditions can be inspected at JOLLY DUTCH and that they will be sent free of charge as soon as possible at the consumer’s request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier.
If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to him.

Article 4 – Offer

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
The offer contains a complete and accurate description of the products offered.
The description is sufficiently detailed to allow a proper assessment of the offer by the consumer.
If the entrepreneur uses images, these are a true representation of the offered products.
Obvious mistakes or obvious errors in the offer do not bind JOLLY DUTCH.
Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer.

Article 5 – Agreement

The agreement, subject to the provisions of paragraph 4, is established until the moment of acceptance by the consumer of the offer and fulfillment of the conditions set forth therein.
If the consumer has accepted the offer electronically, JOLLY DUTCH shall immediately confirm electronically the receipt of the acceptance of the offer.
As long as the receipt of this acceptance has not been confirmed by JOLLY DUTCH, the consumer may dissolve the agreement.
If the agreement is concluded electronically, JOLLY DUTCH shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment.
If the Consumer can pay electronically, JOLLY DUTCH shall observe appropriate security measures for this purpose.
JOLLY DUTCH may – within legal frameworks – investigate whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract.
If, based on this investigation, JOLLY DUTCH has good grounds not to enter into the agreement, it is entitled to refuse an order or application or to attach special conditions to the execution, giving reasons.
JOLLY DUTCH will include the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, at the latest upon delivery of the product to the consumer:
1. The visiting address of the branch of JOLLY DUTCH to which the consumer can address complaints;
2. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
3. The information about warranties and existing service after purchase;
4. The price including all taxes of the product; to the extent applicable, the cost of delivery; and the method of payment, delivery or performance of the remote agreement;
5. The requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
6. If the consumer has a right of withdrawal, the model withdrawal form
In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery

Article 6 – Right of withdrawal

For products:

The consumer may dissolve an agreement relating to the purchase of a product during a 14-day cooling-off period without giving reasons.
JOLLY DUTCH may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state his reason(s)
The cooling-off period referred to in paragraph 1 starts the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, received the product, or:
1. 1. If the consumer ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product.
    JOLLY DUTCH may, provided it has clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times.
  2. If the delivery of a product consists of several shipments or parts; the day on which the consumer, or a third party designated by him, received the last shipment or part;
  3. For agreements for regular delivery of products during a specified period; the day on which the consumer, or a third party designated by him, received the first product.

Extended reflection period for products:

If JOLLY DUTCH 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 twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If JOLLY DUTCH provided the information referred to in the preceding paragraph to the consumer within 12 months from the effective date of the original cooling-off period, the cooling-off period expires 14 days from the day the consumer received the information.

Article 7 – Consumer obligations during the 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 establish the nature, characteristics and operation of 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.
The consumer shall only be liable for diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if JOLLY DUTCH did not provide him with all legally required information on the right of withdrawal before or at the conclusion of the contract.

Article 8 – Exercise of right of withdrawal by consumer and costs

If the consumer exercises his right of withdrawal, he shall notify JOLLY DUTCH within the withdrawal period using the model withdrawal form or in any other unambiguous manner
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorized representative of) JOLLY DUTCH.
This is not required if JOLLY DUTCH has offered to collect the product itself.
The consumer has in any case complied with the return period if he returns the product before the reflection period has expired.
The consumer will return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by JOLLY DUTCH.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer
The consumer bears the direct costs of returning the product.
If JOLLY DUTCH has not indicated that the consumer should bear these costs or if JOLLY DUTCH indicates that it will bear the costs itself, the consumer does not have to bear the costs of return shipment.
If the consumer exercises his right of withdrawal, all additional contracts are dissolved by operation of law.

Article 9 – Entrepreneur’s obligations in the event of withdrawal

If JOLLY DUTCH enables the consumer’s notification of withdrawal by electronic means, it will send an acknowledgement of receipt without delay after receiving this notification.
JOLLY DUTCH will refund all payments made by the constument, including any delivery costs charged by JOLLY DUTCH for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal.
Unless the trader offers to pick up the product even, he moderates repayment until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
For reimbursement, JOLLY DUTCH uses the same means of payment that the consumer used, unless the consumer agrees to another method.
The refund is free of charge to the consumer.
If the consumer has chosen a more expensive method of delivery than the least expensive standard delivery, JOLLY DUTCH does not have to refund the additional costs for the more expensive method.

Article 10 – Exclusion of right of withdrawal.

JOLLY DUTCH may exclude the following products from the right of withdrawal, but only if JOLLY DUTCH has clearly stated this at the time of the offer, or at least in good time before the conclusion of the contract:

Products manufactured according to consumer specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or are clearly intended for a specific person.

Article 11 – Price

During the validity period stated in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates
Notwithstanding the previous paragraph, the Entrepreneur may offer products 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 of the conclusion of the agreement are permitted only if they result from legal regulations or provisions
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
1. These result from legal regulations or provisions; or
2. The consumer has the authority to terminate the agreement as of the day the price increase takes effect.
The prices mentioned in the offer of products include VAT.

Article 12 – Compliance with the agreement and additional warranty

JOLLY DUTCH guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
If agreed, JOLLY DUTCH also guarantees that the product is suitable for other than normal use.
An additional warranty provided by JOLLY DUTCH, its supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer can assert against JOLLY DUTCH on the basis of the agreement if JOLLY DUTCH has failed to fulfill its part of the agreement.
Additional warranty means any commitment by JOLLY DUTCH, service supplier, importer or manufacturer in which it grants to the consumer certain rights or claims beyond what it is legally obliged to do in the event of failure to fulfill its part of the agreement.

Article 13 – Delivery and execution

JOLLY DUTCH will take the utmost care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to JOLLY DUTCH
Subject to what is stated in Article 4 of these General Terms and Conditions, JOLLY DUTCH will execute accepted orders with convenient speed but at the latest within 30, unless another delivery period has been agreed.
If the delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed of this no later than 30 days after the order was placed.
The consumer in that case has the right to dissolve the agreement without cost and right to possible compensation.
After dissolution in accordance with the previous paragraph, JOLLY DUTCH will refund the amount paid by the consumer without delay.
The risk of damage and/or loss of products rests with JOLLY DUTCH until the moment of delivery to the consumer or a representative designated in advance and made known to JOLLY DUTCH, unless expressly agreed otherwise.

Article 14 – Duration transactions: duration, termination and renewal

Termination:

The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products at any time, subject to agreed termination rules and a notice period of at least one month.
The consumer may at any time terminate the contract entered into for a definite period of time, which extends to the regular delivery of products, at the end of the definite period of time, subject to agreed termination rules and a notice period of one month.
The consumer may terminate the agreements mentioned in the preceding paragraphs:– Cancel at any time and not be limited to cancellation at a specific time or period;– Always terminate with the same notice period as JOLLY DUTCH has stipulated for itself.

Extension:

A contract entered into for a definite period of time, which extends to the regular delivery of products, may not be tacitly extended or renewed for a definite period of time
A fixed-term contract that has been concluded for the regular delivery of products may be tacitly renewed for an indefinite period of time only if the consumer may terminate at any time with one month’s notice.

Duration

If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with one month’s notice, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

Unless otherwise provided in the agreement or additional terms and conditions, the amounts owed by the consumer should be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement.
in the case of an agreement to a duration transaction, this period begins on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, general terms and conditions may never require the consumer to make an advance payment of more than 50%.
Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the order or services in question before the stipulated advance payment has been made.
The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
If the consumer does not meet his payment obligation(s) on time, he shall, after JOLLY DUTCH has notified the consumer of the late payment and JOLLY DUTCH has granted the consumer a period of 14 days to still meet his payment obligations, after the non-payment within this 14-day period, owe the statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him.
These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000, with a minimum of € 40.
JOLLY DUTCH may deviate from said amounts and percentages for the benefit of the consumer.

Article 16 – Complaints procedure

Complaints about the performance of the agreement must be submitted in full and clearly described to JOLLY DUTCH within a reasonable time after the consumer has discovered the defects
Complaints submitted to JOLLY DUTCH will be answered within a period of 14 days from the date of receipt.
If a complaint requires a foreseeably longer processing time, JOLLY DUTCH will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
The consumer must give JOLLY DUTCH at least 4 weeks to resolve the complaint by mutual agreement.
After this period a dispute arises that is susceptible to the dispute settlement.

Article 17 – Disputes.

Agreements between JOLLY DUTCH and the consumer to which these general terms and conditions relate shall be governed exclusively by Dutch law.

Article 18 – Additional or different provisions

Additional provisions or provisions deviating from these general 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 data carrier.