General terms and conditions

thejiffle.com online shop

 

Version dated June 20, 2022

 

Table of contents

 

Article 1 – Definitions

Article 2 – Identity of The Jiffle

Article 3 – Applicability

Article 4 – The offer

Article 5 – The agreement

Article 6 – Right of withdrawal

Article 7 – Costs in case of withdrawal

Article 8 – Exclusion of the right of withdrawal

Article 9 – The Price

Article 10 – Compliance and Warranty

Article 11 – Delivery and Implementation

Article 12 – Payment

Article 13 – Complaints procedure

Article 14 – Disputes

Article 15 – Additional or different provisions

 

Article 1 – Definitions

In these terms and conditions, the following definitions shall apply:

  1. Reflection period: the period within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with The Jiffle;
  3. Day: calendar day;
  4. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
  5. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
  6. Model form: the model form for withdrawal that The Jiffle makes available that a consumer can fill out when he wants to exercise his right of withdrawal.
  7. Entrepreneur: the legal person who offers products and/or services to consumers from a distance;
  8. Distance contract: an agreement whereby in the context of a system organized by The Jiffle for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
  9. Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together in the same room at the same time.
  10. General Terms and Conditions: the present General Terms and Conditions of The Jiffle.

 

Article 2 – Identity of The Jiffle

The Jiffle b.v.
Oude wand 31
7201 LJ Zutphen
Netherlands

Phone +31 (0)85 5000 296

E-mail contact[email protected]

Chamber of commerce in Arnhem 83232672
VAT number NL862782831B01

 

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by The Jiffle and to every distance contract and order that is concluded between the entrepreneur and the consumer.
  2. Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general conditions are available for inspection at The Jiffle and that they will be sent free of charge to the consumer as soon as possible at the consumer’s request.
  3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent free of charge to the consumer, at his request, either electronically or in another way.
  4. In case in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer in case of conflicting general conditions always can rely on the applicable provision that is most favorable to him.
  5. If one or more provisions in these general conditions at any time are wholly or partially invalid or annulled, the contract and these conditions for the rest remain in force and the provision concerned will in mutual consultation immediately be replaced by a provision that approaches the scope of the original as far as possible.
  6. Situations not covered by these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
  7. Uncertainty about the interpretation or content of one or more provisions of our terms and conditions should be interpreted ‘in the spirit’ of these terms and conditions.

 

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The Jiffle has the right to change and amend the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If The Jiffle uses images these are a true reflection of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind The Jiffle.
  4. All images, specifications and data in the offer are indicative and may not lead to compensation or dissolution of the contract.
  5. Images of products are a true reflection of the products offered. The entrepreneur cannot guarantee that the colors shown will exactly match the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what his rights and obligations are, which are connected to the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • the possible costs of shipment;
    • the way in which the agreement will be concluded and which actions are necessary for this;
    • whether or not the right of withdrawal is applicable;
    • the method of payment, delivery and implementation of the agreement;
    • the period for accepting the offer, or the period within which The Jiffle guarantees the price;
    • the level of the rate of distance communication if the cost of using the technology for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
    • whether the agreement is archived after its conclusion and, if so, in what way it can be consulted by the consumer;
    • the manner in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
    • any other languages in which, besides Dutch, the contract can be concluded;
    • the codes of conduct to which The Jiffle is subject and the way the consumer can consult these codes of conduct electronically.

 

Article 5 – The agreement

  1. The contract is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and the fulfilment of the conditions thereby stipulated.
  2. If the consumer has accepted the offer electronically, The Jiffle will immediately confirm receipt of acceptance of the offer electronically. As long as the agreement of this acceptance is not confirmed by The Jiffle, the consumer can dissolve the agreement.
  3. If the agreement is established electronically, The Jiffle will take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer is able to pay electronically, The Jiffle will observe appropriate security measures.
  4. The Jiffle may – within legal frameworks – obtain information about the ability of consumers to fulfill their payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance contract. If, on the basis of this research, The Jiffle has good reason not to enter into the agreement, it is entitled to refuse an order or application or to attach special conditions to the execution.
  5. The Jiffle will send with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
    • the visiting address of the location of The Jiffle where the consumer can go with complaints;
    • the conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • the information on guarantees and existing service after purchase;
    • the data included in Article 4 paragraph 3 of these terms and conditions, unless The Jiffle has already provided these data to the consumer prior to the execution of the contract;
    • the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
  1. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

 

Article 6 – Right of withdrawal

Upon delivery of products:

  1. When purchasing products, the consumer has the opportunity to dissolve the contract without giving any reason for 14 days. This cooling off period commences on the day after receipt of the product by the consumer or a by the consumer designated representative who is made known to The Jiffle.
  2. During the cooling off period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to The Jiffle, according to the reasonable and clear instructions provided by The Jiffle.
  3. When the consumer wishes to exercise his right of withdrawal, he is obliged to notify The Jiffle within 14 days after receipt of the product. The consumer must make this known by means of the model form or by means of another written means of communication such as e-mail. After the consumer has made known to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of sending.
  4. If, at the end of the periods mentioned in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to The Jiffle, the purchase is a fact.

In case of delivery of services:

  1. In case of delivery of services, the consumer has the possibility to dissolve the contract without giving any reason for a period of at least 14 days, starting on the day of entering into the contract.
  2. To make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by The Jiffle in the offer and / or at the latest at delivery.

Article 7 – Costs in case of withdrawal

  1. If the consumer makes use of his right of withdrawal, he shall bear no more than the cost of return shipment.
  2. If the consumer has paid an amount, The Jiffle will refund this amount as soon as possible, but within 14 days after the withdrawal. This is subject to the condition that the product has already been received by the merchant or conclusive proof of complete return can be provided. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly agrees to a different payment method.
  3. If the product is damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product.
  4. The consumer cannot be held liable for any reduction in the value of the product when The Jiffle has not provided all the legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of the right of withdrawal

  1. The Jiffle may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if The Jiffle has clearly stated this in the offer, at least in good time before concluding the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
    • that have been made by The Jiffle in accordance with the specifications of the consumer;
    • that are clearly personal in nature;
    • that cannot be returned due to their nature;
    • that spoil or age quickly;
    • of which the price is subject to fluctuations in the financial market over which The Jiffle has no influence;
    • for individual newspapers and magazines;
    • for audio and video recordings and computer software of which the consumer has broken the seal;
    • for hygienic products of which the consumer has broken the seal.
  1. Exclusion of the right of withdrawal is only possible for services:
    • concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
    • of which the delivery has started with the consumer’s explicit consent before the cooling-off period has expired;
    • concerning betting and lotteries.

Article 9 – The price

  1. During the period of validity mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, The Jiffle may offer products or services whose prices are subject to fluctuations in the financial market and over which The Jiffle has no influence, at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices, are mentioned with the offer.
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if The Jiffle has stipulated it and:
    • they are the result of legal regulations or stipulations; or
    • the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
  1. The prices mentioned in the offer of products or services include VAT.
  2. All prices are subject to misprints and typographical errors. No liability will be accepted for the consequences of misprints and typesetting errors. In case of misprints The Jiffle is not obliged to deliver the product according to the incorrect price.

 

Article 10 – Compliance and warranty

  1. The Jiffle guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of reliability and/or usability and with existing statutory provisions and/or government regulations on the date of the conclusion of the contract. If agreed, The Jiffle also ensures that the product is suitable for other than normal use.
  2. A guarantee provided by The Jiffle, manufacturer or importer does not affect the legal rights and claims that the consumer under the contract can assert against The Jiffle.
  3. Any defects or wrongly delivered products should be reported in writing to The Jiffle within 2 months after delivery. Return of the products should be in the original packaging and in as new condition.
  4. The warranty period of The Jiffle corresponds to the manufacturer’s warranty period. However, The Jiffle is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
    • the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
    • the delivered products have been exposed to abnormal conditions or otherwise carelessly handled or treated contrary to the instructions of The Jiffle and/or on the packaging;
    • the inadequacy in whole or in part is the result of government regulations concerning the nature or quality of the materials used.

Article 11 – Delivery and execution

  1. The Jiffle will take the utmost care in receiving and carrying out orders for products and in assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but not later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within 30 days after the order was placed. The consumer in that case has the right to terminate the contract without penalty. The consumer is not entitled to compensation.
  4. All delivery periods are indicative. The consumer may not derive any rights from any delivery dates mentioned. Exceeding a term does not entitle the consumer to compensation.
  5. If not all products ordered are in stock, the seller is entitled to make partial deliveries at its own expense, insofar as this is reasonable for the customer.
  6. In case of dissolution in accordance with paragraph 3 of this article, The Jiffle will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
  7. If delivery of an ordered product turns out to be impossible, The Jiffle will make an effort to make a replacement product available. At the latest upon delivery, it will be clearly and comprehensibly reported that a replacement article is being delivered. For replacement items, the right of withdrawal cannot be excluded, the cost of any return shipment will be borne by The Jiffle.
  8. The risk of damage and/or loss of products rests with The Jiffle until the time of delivery to the consumer or a previously designated representative known to The Jiffle, unless otherwise expressly agreed. If goods are delivered with obvious transport damage, the consumer should immediately complain to the deliveryman about such errors and contact us without delay. Contact us within 24 hours of receipt of the goods via email to [email protected].

 

Article 12 – Payment

  1. As far as no other date has been agreed, sums payable by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period shall start after the consumer has received the confirmation of the agreement.
  2. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to The Jiffle.
  3. In case of non-payment by the consumer, The Jiffle is entitled, subject to legal restrictions, to charge the consumer for any reasonable costs made known in advance.
  4. Retention of title: The goods supplied remain the legal property of the seller until the buyer has paid in full.

 

Article 13 – Complaints procedure

  1. The Jiffle has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the contract must be fully and clearly described and submitted to The Jiffle within 2 months after the consumer has found the defects.
  3. Complaints submitted to The Jiffle shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, The Jiffle will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  5. In the event of complaints, a consumer should first contact The Jiffle. If complaints cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (webwinkelkeur.nl), which will mediate free of charge. If there is still no solution, the consumer has the option to let his complaint be handled by the independent dispute resolution commission appointed by Stichting WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this Disputes Committee, which must be paid by the consumer to the relevant committee. It is also possible to submit a dispute to the European ODR platform, this is a platform for online dispute resolution for consumers (http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of The Jiffle, unless The Jiffle indicates otherwise in writing.
  7. If a complaint is found to be justified by The Jiffle, The Jiffle will, at its option, either replace or repair the delivered products free of charge.

 

Article 14 – Disputes

  1. Agreements between The Jiffle and the Consumer to which these General Terms and Conditions relate are governed exclusively by Dutch law. Also if the consumer resides abroad.
  2. The Vienna Sales Convention (“Het Weens Koopverdrag”) does not apply.

Article 15 – Additional or different provisions

Additional provisions or provisions that deviate from these general conditions may not be to the detriment of the consumer and should 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.

 

 

 

MODEL FORM OF WITHDRAWAL

 

(If you want to cancel the agreement, please complete this form and return it by e-mail to The Jiffle b.v., [email protected])

You can also send the withdrawal form by post to The Jiffle b.v., Oude wand 31, 7201 LJ Zutphen, Netherlands.

 

– I hereby revoke the contract I have signed for the purchase of the following goods: ….

– Reason: …

– Ordered on date: dd-mm-yyyy

– Received on date: dd-mm-yyyy

– Order number: #….

– Consumer’s name: …

– Consumer’s address: …

– Consumer’s IBAN account number: ….

– Signature of the consumer (only for communication on paper): ….

– Date of submission of withdrawal form: dd-mm-yyyy