Terms & 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: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
Day: Calendar day.
Long-term transaction: A distance contract concerning a series of products and/or services, with the delivery and/or purchase obligation spread over time.
Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: The consumer's ability to withdraw from the distance contract within the cooling-off period.
Entrepreneur: The natural or legal person who offers products and/or services to consumers remotely.
Distance contract: A contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, whereby exclusive use is made of one or more means of remote communication up to and including the moment of the contract conclusion.
Means of remote communication: Any tool that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same location.
General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Webshop name: Junéa
Chamber of Commerce number: 93343019
VAT number: NL866364730B01
Office address (not a return address): Westerstraat 10, 3016 DH, Rotterdam
Email address: info@junea.co
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order 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, the entrepreneur will indicate before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent free of charge at the consumer's request.
If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can store it on a durable data carrier. If this is not reasonably possible, the consumer will be informed before concluding the distance contract where the terms and conditions can be accessed electronically and that they will be sent electronically or in another way at no cost upon request.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always rely on the provision that is most favorable to them in the event of conflicting conditions.
If one or more provisions of these general terms and conditions are wholly or partially void or annulled at any time, the agreement and the remaining terms and conditions shall remain in force. The void provision shall be replaced by a provision that most closely resembles the original intent.
Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Any uncertainties regarding the interpretation or content of one or more provisions of these terms and conditions must be interpreted 'in the spirit' of these general terms and 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 is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. 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 cannot be a reason for compensation or contract termination.
Product images are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
Article 5 – The Contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the specified conditions.
If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance electronically without delay. As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve the contract.
If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure electronic data transfer and ensure a secure web environment. If the consumer can make electronic payments, the entrepreneur will take appropriate security measures.
The entrepreneur may investigate, within legal limits, whether the consumer can fulfill their payment obligations and gather information about factors relevant to responsibly concluding the distance contract. If the entrepreneur has valid reasons not to enter into the contract based on this investigation, they are entitled to refuse an order or attach special conditions to its execution.
The entrepreneur shall provide the consumer with the following information in writing or in a way that the consumer can store it on a durable data carrier:
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The entrepreneur’s business address where the consumer can submit complaints;
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The conditions and method for exercising the right of withdrawal or a clear statement if the right of withdrawal is excluded;
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Information about warranties and existing after-sales service;
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The data included in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the contract's execution;
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The requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
If the contract involves a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
Every contract is concluded under the condition of sufficient product availability.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the contract within 14 days without stating reasons. This cooling-off period starts on the day after the consumer or a previously designated representative receives the product.
During the cooling-off period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they shall return the product with all supplied accessories and—if reasonably possible—in its original condition and packaging, following the provided reasonable and clear instructions from the entrepreneur.
To exercise the right of withdrawal, the consumer must notify the entrepreneur in writing or by email within 14 days after receiving the product. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must provide proof of timely return, for example, by means of a shipping receipt.
If the consumer does not notify the entrepreneur of their intention to withdraw within the periods stated in paragraphs 2 and 3 or does not return the product, the purchase is final.
Article 7 – Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs for returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. This is provided that the product has already been received by the entrepreneur or proof of complete return shipment 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 sections 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least timely before the agreement is concluded.
Exclusion of the right of withdrawal is only possible for products:
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made by the entrepreneur according to the consumer's specifications;
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clearly personal in nature;
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which by their nature cannot be returned;
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which may spoil or age quickly;
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whose price is subject to fluctuations in the financial market that are beyond the entrepreneur's control;
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for single newspapers and magazines;
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for audio and video recordings and computer software, if the consumer has broken the seal;
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for hygienic products if the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
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related to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
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for which delivery has started with the express consent of the consumer before the cooling-off period has expired;
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related to betting and lotteries.
Article 9 – The price
During the validity period specified in the offer, the prices of the offered products and/or services shall not be increased, unless due to changes in VAT rates.
In deviation from the previous section, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, which the entrepreneur cannot control, at variable prices. The dependence on fluctuations and the fact that any prices mentioned are indicative will be stated in the offer.
Price increases within 3 months after the agreement has been concluded are only permitted if they are the result of statutory 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:
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they are the result of statutory regulations or provisions, or
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the consumer has the right to terminate the agreement from the day the price increase takes effect.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing at the time the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer can assert based on the agreement with the entrepreneur.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products should be returned in the 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:
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The consumer has repaired and/or altered the delivered products themselves or has had them repaired and/or altered by third parties;
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The delivered products have been exposed to abnormal conditions or have been treated carelessly, or have been used in violation of the entrepreneur's instructions and/or the packaging instructions;
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The defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will exercise the greatest care when receiving and executing orders for products.
Subject to the provisions of Article 4 of these terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period.
If delivery is delayed or if an order can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to terminate the agreement without cost and is entitled to any compensation.
In case of cancellation under the previous section, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.
If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to provide an alternative product. At the latest, when the product is delivered, it will be clearly and understandably communicated that an alternative product will be provided.
For replacement items, the right of withdrawal cannot be excluded. The costs of returning any item 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 by the consumer and known to the entrepreneur, unless otherwise agreed.
Article 12 – Duration transactions: duration, termination, and extension
Termination
The consumer may terminate an agreement that has been entered into for an indefinite period and that involves the regular delivery of products (including electricity) or services, at any time, observing any agreed-upon termination rules and a maximum notice period of one month.
The consumer may terminate an agreement for a fixed period that involves the regular delivery of products (including electricity) or services at any time before the end of the fixed term, observing any agreed-upon termination rules and a maximum notice period of one month.
The consumer can terminate the agreements mentioned in the previous sections:
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at any time, not limited to termination at a certain time or during a specific period;
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at least in the same manner as they were entered into by the consumer;
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always with the same notice period as the entrepreneur has agreed upon for themselves.
Extension
An agreement for a fixed period that involves the regular delivery of products (including electricity) or services may not be extended or renewed automatically for a fixed period.
In deviation from the previous section, an agreement for a fixed period that involves the regular delivery of daily, news, and weekly newspapers and magazines may be extended automatically for a fixed period of up to three months, provided the consumer can cancel the extended agreement at the end of the extension period with a notice period of no more than one month.
An agreement for a fixed period that involves the regular delivery of products or services may only be extended automatically for an indefinite period if the consumer can terminate the agreement at any time with a notice period of no more than one month and a notice period of no more than three months in the case where the agreement involves regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.
An agreement for a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be extended automatically and will end at the conclusion of 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 termination before the end of the agreed duration is unreasonable.
Article 13 – Payment
Unless otherwise agreed, amounts due from the consumer must be paid within 7 working days after the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for services, this period starts after the consumer has received confirmation of the agreement.
The consumer has the obligation to promptly notify the entrepreneur of any inaccuracies in the provided or stated payment details.
In case of non-payment by the consumer, the entrepreneur has the right, unless legally restricted, to charge the reasonable costs that were made known to the consumer in advance.
Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be fully and clearly submitted to the entrepreneur within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a foreseeable 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 answer.
If the complaint cannot be resolved through mutual agreement, a dispute will arise that is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer resides abroad.