GENERAAL T&C'S
&DISCLAIMER

TERMS AND CONDITIONS

INDEX

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – The price

Article 8 – Conformity and warranty

Article 9 – Delivery and implementation

Article 10 – Duration transactions: duration, cancellation and extension

Article 11 – Payment

Article 12 – Intellectual property rights

Article 13 – Complaints procedure

Article 14 – Force majeure

Article 15 – Liability

Article 16 – Indemnity

 

Article 17 – Prescription

Article 18 – Transfer of Risk

Article 19 – Final provisions

ARTICLE 1 – DEFINITIONS

In these General Terms and Conditions the following definitions apply:

General Terms and Conditions: the General Terms and Conditions as included in this document.

JUIZS B.V .: the legal entity that offers Products and / or services remotely to the Other Party;

Reflection period: the period within which the Other Party can make use of its Right of Withdrawal;

Counterparty: a person who enters into a distance contract with JUIZS B.V.

Consumer: The Counterparty who does not act in the exercise of a profession or business and who enters into a Distance Agreement with JUIZS B.V.;

Distance contract: an agreement whereby within the framework of a contract by JUIZS B.V. organized system for the distance sale of Products, up to and including the conclusion of the Distance Agreement, only one or more techniques for distance communication are used;

Company: The Other Party acting in the exercise of a business or profession and enters into a Distance Agreement with JUIZS B.V.

Product: All matters that are the subject of the Distance Agreement.

Day: calendar day;

Right of withdrawal: the option for the Other Party to cancel the Distance Agreement within the cooling-off period;

Model form: the Model withdrawal form that JUIZS B.V. makes available that a Counterparty can fill in when he / she wants to make use of his / her Right of Withdrawal;

Technology for distance communication: means that can be used to conclude an agreement, without the Other Party and JUIZS B.V. converged simultaneously in the same room.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

Juizs B.V.

Cuneraweg 9, 4051 CE Ochten

Telephone number: 070 2210833

E-mail address: [email protected]

Chamber of Commerce number: Chamber of Commerce The Hague 58340300

VAT identification number: NL8529.94.424.B01

ARTICLE 3 – APPLICABILITY

These General Terms and Conditions apply to every offer from JUIZS B.V. and on every Distance Agreement and orders concluded between JUIZS B.V. and the Counterparty.

Before the Distance Contract is concluded, the text of these General Terms and Conditions will be made available to the Other Party. If this is not reasonably possible, before the Distance Contract is concluded, it will be indicated that the General Terms and Conditions at JUIZS B.V. can be viewed and sent at the request of the Other Party.

If the Distance Contract is concluded electronically, by way of derogation from the previous paragraph and before the Distance Contract is concluded, the text of these General Terms and Conditions can be made available electronically to the Other Party in such a way that it can be communicated by the Other Party to can be stored in a simple way.

The applicability of any purchase or other general terms and conditions of the Other Party is explicitly rejected.

If one or more provisions in these General Terms and Conditions are at any time wholly or partially null and void or voidable, the Agreement and these General Terms and Conditions will remain in force and the relevant provision will be replaced without delay in mutual consultation by a provision that scope of the original as closely as possible.

Deviations from the Distance Agreement and General Terms and Conditions are only valid if they have been expressly communicated to JUIZS B.V. in writing. have been agreed.

Situations that are not regulated in these General Terms and Conditions must be assessed “in the spirit” of these General Terms and Conditions.

Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained “in the spirit” of these General Terms and Conditions.

ARTICLE 4 – THE OFFER

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

The offer is without obligation, unless a term for acceptance is set in the offer. If a term for acceptance has been set in the offer, the offer will lapse when this term has expired. JUIZS B.V. is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the Products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Other Party. If JUIZS B.V. uses images, they are a true representation of the Products offered. Obvious mistakes or errors in the offer bind JUIZS B.V. not.

The offer is valid while supplies last.

All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the Agreement.

Images with Products are a true representation of the Products offered. JUIZS B.V. cannot guarantee that the displayed colors exactly match the real colors of the Products.

A composite quotation obliges JUIZS B.V. not to deliver part of the goods included in the offer for a corresponding part of the stated price

Each offer contains such information that it is clear to the Other Party what rights and obligations are attached to accepting the offer. This concerns in particular:

The price including taxes;

The possible costs of shipping;

The manner in which the Agreement will be concluded and which actions are required for this;

Whether or not the Right of Withdrawal applies;

The method of payment, delivery and implementation of the Agreement;

Whether the Agreement will be archived after it has been concluded, and if so, how it can be consulted by the Other Party;

The way in which the Other Party, before concluding the Agreement, can check the data provided by it under the Agreement and, if necessary, restore it;

Any other languages ​​in which, in addition to Dutch, the Agreement can be concluded;

The codes of conduct to which JUIZS B.V. has submitted and the manner in which the Other Party can consult these codes of conduct electronically;

The minimum duration of the Distance Agreement in the event of an extended transaction.

ARTICLE 5 – THE AGREEMENT

Subject to the provisions of paragraph 4, the Agreement is concluded at the time of acceptance of the offer by the Other Party (of the offer) and the conditions set therein.

If the Other Party has accepted the offer electronically, JUIZS B.V. without delay electronically receiving the acceptance of the offer. As long as the receipt of this acceptance is not made by JUIZS B.V. has been confirmed, the Other Party may terminate the Agreement.

If the Agreement and payment are concluded electronically, JUIZS B.V. appropriate technical and organizational measures to secleanse the electronic transfer of data and ensure a secure web environment.

JUIZS B.V. can – within legal frameworks – ascertain whether the Other Party can meet its payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the Distance Agreement. If JUIZS B.V. based on this investigation has good reasons not to enter into the Agreement, it is entitled to refuse an order or request or to attach special conditions to the execution.

JUIZS B.V. will send the following information with the Product or service to the Other Party, in writing or in such a way that it can be stored by the Other Party in an accessible manner:

The visiting address of the JUIZS B.V. office. where the Other Party can go with complaints;

The conditions under which and the way in which the Other Party can make use of the Right of Withdrawal, or a clear statement regarding the exclusion of the Right of Withdrawal;

Information about guarantees and existing service after purchase;

The information included in article 4 paragraph 3 of these conditions, unless JUIZS B.V. has already provided this information to the Other Party prior to the performance of the Agreement;

The requirements for terminating the Agreement if it has a duration of more than one year or is indefinite.

Each Agreement is entered into under the suspensive conditions of sufficient availability of the relevant Products.

The Other Party will provide all information or instructions in a timely manner that are necessary for the performance of the Agreement or of which the Other Party should reasonably understand that these are necessary make an offer possible by the Other Party. If JUIZS B.V. uses images, they are a true representation of the Products offered. Obvious mistakes or errors in the offer bind JUIZS B.V. not.

The offer is valid while supplies last.

All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the Agreement.

Images with Products are a true representation of the Products offered. JUIZS B.V. cannot guarantee that the displayed colors exactly match the real colors of the Products.

A composite quotation obliges JUIZS B.V. not to deliver part of the goods included in the offer for a corresponding part of the stated price

Each offer contains such information that it is clear to the Other Party what rights and obligations are attached to accepting the offer. This concerns in particular:

The price including taxes;

The possible costs of shipping;

The manner in which the Agreement will be concluded and which actions are required for this;

Whether or not the Right of Withdrawal applies;

The method of payment, delivery and implementation of the Agreement;

Whether the Agreement will be archived after it has been concluded, and if so, how it can be consulted by the Other Party;

The way in which the Other Party, before concluding the Agreement, can check the data provided by it under the Agreement and, if necessary, restore it;

Any other languages ​​in which, in addition to Dutch, the Agreement can be concluded;

The codes of conduct to which JUIZS B.V. has submitted and the manner in which the Other Party can consult these codes of conduct electronically;

The minimum duration of the Distance Agreement in the event of an extended transaction.

ARTICLE 5 – THE AGREEMENT

Subject to the provisions of paragraph 4, the Agreement is concluded at the time of acceptance of the offer by the Other Party (of the offer) and the conditions set therein.

If the Other Party has accepted the offer electronically, JUIZS B.V. without delay electronically receiving the acceptance of the offer. As long as the receipt of this acceptance is not made by JUIZS B.V. has been confirmed, the Other Party may terminate the Agreement.

If the Agreement and payment are concluded electronically, JUIZS B.V. appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment.

JUIZS B.V. can – within legal frameworks – ascertain whether the Other Party can meet its payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the Distance Agreement. If JUIZS B.V. based on this investigation has good reasons not to enter into the Agreement, it is entitled to refuse an order or request or to attach special conditions to the execution.

JUIZS B.V. will send the following information with the Product or service to the Other Party, in writing or in such a way that it can be stored by the Other Party in an accessible manner:

The visiting address of the JUIZS B.V. office. where the Other Party can go with complaints;

The conditions under which and the way in which the Other Party can make use of the Right of Withdrawal, or a clear statement regarding the exclusion of the Right of Withdrawal;

Information about guarantees and existing service after purchase;

The information included in article 4 paragraph 3 of these conditions, unless JUIZS B.V. has already provided this information to the Other Party prior to the performance of the Agreement;

The requirements for terminating the Agreement if it has a duration of more than one year or is indefinite.

Each Agreement is entered into under the suspensive conditions of sufficient availability of the relevant Products.

The Other Party will provide JUIZS B.V. with all information or instructions that are necessary for the performance of the Agreement or of which the Other Party should reasonably understand that they are necessary for the performance of the Agreement, in a timely manner to JUIZS B.V.

If the foregoing information and instructions are not provided or not provided on time, JUIZS B.V. the right to suspend performance of the Agreement. The extra costs incurred by the delay are for the account of the Other Party.

ARTICLE 6 – RIGHT OF WITHDRAWAL

Due to the nature of the Products of JUIZS B.V. (fresh Products), the Other Party does not have the option to dissolve the Agreement after it has been concluded. This right is excluded by virtue of Article 6: 230p of the Dutch Civil Code.

JUIZS B.V delivered Products have been exposed to abnormal conditions or are otherwise treated carelessly or are contrary to the instructions of JUIZS B.V. and / or treated on the packaging. Nor does JUIZS B.V. for any damage caused as a result of these defects.

The warranty also lapses if the defect has arisen due to or is the result of circumstances where JUIZS B.V. cannot influence. These circumstances include weather conditions.

ARTICLE 9 – DELIVERY AND PERFORMANCE

JUIZS B.V. will take the greatest possible care when receiving and executing orders for Products.

The place of delivery is the delivery address that the Other Party provides to JUIZS B.V. has made known.

With due observance of what is stated in paragraph 6 of this article, JUIZS B.V. accepted orders with due speed, but within 3 working days at the latest, unless the Other Party has agreed to a longer delivery period. If the order cannot be executed or only partially, the Other Party will receive this no later than 1 day before delivery. In that case, the Other Party has the right to a comparable replacement Product (see point 9 below) or to dissolve the Agreement without costs. The Other Party is not entitled to compensation.

The Other Party is obliged to accept the purchased goods at the moment they are handed over to him, unless this entails serious objections or unreasonable costs.

If the Other Party refuses to accept the item at the place of delivery or is negligent in providing information or instructions that are necessary for the delivery, the items intended for delivery will be stored at the risk and expense of the Other Party. In that case, the Other Party will owe all additional costs.

All delivery times are indicative. The Other Party cannot derive any rights from any stated terms. Exceeding a term does not entitle the Other Party to compensation.

If JUIZS B.V. requires information or instructions from the Other Party that are necessary for the delivery, the delivery time will commence after the Other Party has provided JUIZS B.V. has provided.

In case of dissolution in accordance with paragraph 3 of this article, JUIZS B.V. repay the amount that the Other Party has paid as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered Product proves impossible, JUIZS B.V. endeavor to provide a replacement item. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are at the expense of JUIZS B.V.

The risk of damage and / or loss of Products rests with JUIZS B.V. until the moment of  delivery to the Other Party or a pre-designated and to JUIZS B.V. disclosed representative, unless expressly agreed otherwise.

When ordering, the Other Party indicates at what time he / she wishes to receive the order. The Other Party can still pass on changes to JUIZS B.V. before 12 noon on the day prior to the delivery day.

A more specific delivery time will be sent by email the night before. This e-mail contains a “track & trace” link with which the Other Party can consult the status of the delivery “in real time”. An SMS is also sent with the delivery time indication on the morning of the delivery day. This specific delivery time is only indicative (see: paragraph 6) and no rights can be derived from this by the Other Party.

If the Other Party is not at home to receive the order, the customer will be called by the carrier and if possible the package will be delivered to neighbors, provided they are prepared to store the contents in a freezer. The driver can be delayed by just a few minutes as route planning for other customers cannot be put under pressure.

Packages may only be left unattended in, for example, sheds or gardens in the event of timely and clear instructions from the Other Party.

If the delivery cannot take place within the period chosen by the Other Party through no fault of the Other Party, the driver will take the package back and no costs for subsequent delivery will be charged.

If the Other Party has been at home, but has missed the driver and has not been able to receive the package, costs for subsequent delivery will still have to be charged. After all, with the email sent (with the track & trace link) and the SMS messages, everything is done to inform the Other Party of the delivery status.

In the event of a delayed delivery, the Other Party will be informed of this by means of a text message if the customer has provided a correct mobile number.

In the event of such a delay as a result of which the driver arrives outside the period chosen by the Other Party, and the Other Party is no longer able to accept the package, subsequent delivery will take place free of charge as soon as possible.

ARTICLE 10– DURATION TRANSACTIONS: DURATION, CANCELLATION AND RENEWAL

The Other Party can cancel an annual subscription that extends to the periodic purchase of Products after 12 months and at least 4 deliveries. The annual subscription is automatically renewed after 12 months. After renewal, the Other Party can cancel the subscription every month before 12:00 on the day before the new delivery.

If the Agreement is terminated for an indefinite period of time after 12:00 noon on the day before delivery, the delivery and associated (collection) payment will have to take place for the last time.

The Other Party can terminate an Agreement that has been entered into for a definite period, and that extends to the periodic purchase of Products, after a minimum purchase of 4 deliveries. BV find a suitable solution in consultation and per individual case.

The Other Party may pause (reschedule) the periodic delivery twice a year by contacting JUIZS B.V. by email.

ARTICLE 11 – PAYMENT

As a rule, the Other Party must pay remotely when the Agreement is concluded using Ideal or another one on the JUIZS B.V. website. indicated payment method.

If, for whatever reason, the Other Party has not paid immediately upon conclusion of the Distance Agreement, the amounts owed by the Other Party must be paid before the Products are delivered.

The Counterparty has the duty to report inaccuracies in provided or stated payment details to JUIZS B.V. to report.

In the event of non-payment by the Other Party, JUIZS B.V. subject to legal restrictions, the right to charge the reasonable costs made known to the Other Party in advance. This includes in any case the extrajudicial collection costs and the statutory interest on the amount due.

After the first delivery, payment takes place by automatic collection per delivery. The Other Party gives the power of attorney for the direct debit at the time of the first payment.

The Counterparty is not entitled to deduct any amount due from the counterclaim it has made.

Objections to the amount of the invoice do not suspend the payment obligation.

In case of bankruptcy, suspension of payment or receivership, the claims of JUIZS B.V. and the obligations of the Other Party towards JUIZS B.V. immediately due and payable.

ARTICLE 12 – INTELLECTUAL PROPERTY LAW

All intellectual property rights with regard to this website, including but not limited to logos, software, texts, images and sounds, rest with JUIZS B.V. or with companies affiliated with it and / or with those from whom it has obtained a license.
This means, among other things, that it is not permitted to disclose, reproduce and / or edit the information stated on the websites without prior explicit permission, except for personal use.

ARTICLE 13 – COMPLAINTS PROCEDURE

Immediately after delivery, the Other Party must check whether the delivered Products correspond in number and type to his or her order. If this is not the case, the Other Party must immediately notify JUIZS B.V. JUIZS B.V. will also ensure that the Products that have not arrived are delivered as soon as possible.
JUIZS B.V. registers all complaints and handles them adequately one by one. It is there JUIZS B.V. everything is committed to offer the Other Party a good solution and possibly to compensate.
Complaints about the implementation of the Agreement must be fully and clearly described and submitted to JUIZS B.V. after the Other Party has discovered the defects.
One at JUIZS B.V. The complaint submitted will be resolved within two working days. If a complaint requires a foreseeable longer processing time, JUIZS B.V. a reply within 1 working day with a confirmation of receipt and an indication when the Other Party can expect a more detailed answer.
In case of complaints, the Other Party must first turn to JUIZS B.V. In case of complaints that cannot be resolved by mutual agreement, the Other Party must turn to Stichting WebwinkelKeur, which will mediate free of charge. If a solution is not reached by then, the Other Party has the option of having its complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both JUIZS B.V. as the Counterparty agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the Other Party to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint suspends the obligations of JUIZS B.V. not on, unless JUIZS B.V. indicates otherwise in writing.
If a complaint is found to be justified by JUIZS B.V., JUIZS B.V. at its option whether to replace or take back the delivered Products free of charge.

ARTICLE 14 – FORCE MAJEURE

A shortcoming cannot be attributed to JUIZS B.V. or attributed to the Counterparty, as the shortcoming is not due to its fault, nor is it for its account by law, legal act or generally accepted beliefs. In this case, the parties are also not obliged to fulfill the obligations arising from the Agreement.

In these General Terms and Conditions, force majeure is understood to mean, in addition to what is understood in that area in law and jurisprudence, all external causes, foreseen or not foreseen, to which JUIZS B.V. cannot exert any influence and as a result of which JUIZS B.V. is unable to meet the obligations.

Circumstances causing force majeure include: lockout, fire, water damage, natural disasters or other external calamities, mobilization, war, traffic obstructions, blockades, import or export obstructions or other government measures, stagnation or delay in the supply of raw materials or machine parts, as well as any circumstance that obstructs the normal course of business as a result of which the fulfillment of the Agreement by JUIZS BV cannot reasonably be expected of the Other Party.

JUIZS B.V. also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the Agreement occurs after JUIZS B.V. should have honored his commitment.

In case of force majeure, the parties are not obliged to continue the Agreement, nor are they obliged to pay any compensation.

Both JUIZS B.V. if the Other Party can during the period that the force majeure continues to fully or partially suspend the obligations under the Agreement. If this period lasts longer than two months, both parties are entitled to dissolve the Agreement with immediate effect, by means of written notification, without judicial intervention, without the parties being able to claim any compensation.

If the situation of force majeure is temporary, JUIZS B.V. reserves the right to suspend the agreed performance for the duration of the force majeure situation. In case of permanent force majeure, both are part are entitled to dissolve the Agreement extrajudicially.

If JUIZS B.V. at the time of the commencement of force majeure its obligations under the Agreement have meanwhile been partially fulfilled or will be able to fulfill them, and the fulfilled or to be fulfilled part has independent value, JUIZS B.V. entitled to invoice separately for the part already fulfilled or to be fulfilled. The Other Party is obliged to pay this invoice as if it were a separate Agreement.

ARTICLE 15 – LIABILITY

JUIZS B.V. is only liable for direct damage caused by deliberate recklessness or intent on the part of JUIZS B.V. Direct damage should only be understood to mean:

material damage to the property of the Other Party;

reasonable costs incurred by the Other Party to determine the liability and (the extent of the direct) damage;

reasonable costs that the Counterparty has reasonably incurred, and could and could reasonably incur, to prevent or limit the damage, insofar as the Counterparty demonstrates that these costs have resulted in a limitation of the direct damage;

reasonable costs that the Other Party has reasonably incurred in order to obtain payment out of court, as referred to in Article 6:96 paragraph 2, sub c of the Dutch Civil Code.

JUIZS B.V. is never liable for indirect damage, including in any case consequential damage, lost profit, missed savings, business interruption or immaterial damage of the Other Party. In the case of consumer purchases, this limitation does not go beyond what is permitted under article 7:24 paragraph 2 of the Dutch Civil Code.

JUIZS B.V. is not liable for damage, of whatever nature, because JUIZS B.V. incorrect and / or incomplete information provided by the Other Party is assumed, unless this inaccuracy or incompleteness is for JUIZS B.V. should be knowable.

The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of JUIZS B.V. or his managerial subordinates.

JUIZS B.V. is not liable for mutilation, destruction, theft or loss of data or documents.

If JUIZS B.V. should be liable for any damage, then the liability of JUIZS B.V. limited to the amount up to a maximum of once the amount stated in the invoice or to the amount to which the amount paid by JUIZS B.V. affiliated insurance entitles JUIZS B.V. in accordance with the insurance.

The Other Party must pay for the damage for which JUIZS B.V. can be held liable as soon as possible, but in any case within ten days after the occurrence of the damage to JUIZS B.V. to report this, under penalty of forfeiture of any right to compensation for this damage.

Any liability claim against JUIZS B.V. lapses within one year after the Counterparty has become aware of or could reasonably have been aware of the harmful event.

 

ARTICLE 16 – INDEMNITY

The Other Party indemnifies JUIZS B.V. for any claims by third parties who suffer damage in connection with the performance of the Agreement and which is attributable to the Other Party.

If JUIZS B.V. Should be addressed by third parties, the Other Party is obliged to JUIZS B.V. to assist both outside and in court. All costs and damage on the part of JUIZS B.V. and third parties are further for the account and risk of the Other Party

ARTICLE 17 – PRESCRIPTION

For all claims against JUIZS B.V. and the by JUIZS B.V. In deviation from the statutory limitation periods, (possibly) engaged third parties are subject to a limitation period of one year.

The foregoing does not apply to claims that are based on the failure of the delivered item to comply with the Agreement. In this case, the claims will lapse two years after the other party JUIZS B.V. informed about the defect of the delivered item.

ARTICLE 18 – TRANSFER OF RISK

The risk of loss, damage or depreciation transfers to the Customer at the moment when items are brought under the control of the Customer.

ARTICLE 19 – FINAL PROVISIONS

On agreements between JUIZS B.V. and the Other Party to which these General Terms and Conditions apply, only Dutch law applies. Even if the Other Party resides abroad.

JUIZS B.V. has the right to unilaterally amend these General Terms and Conditions.

The general terms and conditions can be viewed by everyone at Juizs BV, Cuneraweg 9, 4051CE Ochten.