Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Cooling-off Period: The period within which the consumer may exercise their right of withdrawal.
• Consumer: A natural person not acting in a professional or business capacity who enters into a distance contract with the entrepreneur.
• Day: December 16, 2024.
• Long-Term Transaction: A distance contract related to a series of products and/or services, with delivery and/or purchase obligations spread over time.
• Durable Data Carrier: Any means that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unaltered reproduction.
• Right of Withdrawal: The consumer's option to withdraw from the distance contract within the cooling-off period.
• Entrepreneur: The natural or legal person offering products and/or services to consumers remotely.
• Distance Contract: A contract concluded within a system organized by the entrepreneur for distance sale of products and/or services, exclusively using one or more means of remote communication up to the time of contract conclusion.
• Means of Distance Communication: Any means used to conclude a contract without the consumer and entrepreneur being physically present in the same room.
• General Terms & Conditions: The present General Terms & Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

• Company Name: JH E-comm
• Chamber of Commerce Number (KvK): 95304509
• Trade Name: Junah Hamilton
• VAT Number: NL003809424B04
• Customer Service Email: info@junahhamilton.com

Article 3 – Applicability

These General Terms & Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before concluding a distance contract, the text of these General Terms & Conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the General Terms & Conditions are available for viewing at the entrepreneur’s premises and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, these General Terms & Conditions can, prior to the contract being concluded, be made available to the consumer electronically in a way that enables them to store the document on a durable data carrier. If this is not reasonably possible, it will be indicated where the terms can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

In cases where both these General Terms & Conditions and specific product or service terms apply, the latter will prevail where they provide more favorable conditions for the consumer.

If one or more provisions of these General Terms & Conditions are nullified or annulled, the remaining provisions will remain in effect. The void provision(s) will be replaced in mutual consultation to reflect the intent of the original as closely as possible.

Situations not covered by these General Terms & Conditions should be evaluated in the spirit of these terms. Any ambiguities in interpretation or content of one or more provisions should also be explained in the spirit of these General Terms & Conditions.

Article 4 – The Offer

If an offer has a limited validity or is subject to conditions, this will be explicitly mentioned in the offer. The offer is non-binding, and the entrepreneur has the right to modify and adjust the offer.

The offer includes a complete and accurate description of the offered products and/or services. The description is detailed enough to enable the consumer to make an informed decision. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and information in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement. Images accompanying products are a true representation of the products offered, but color representation may vary.

Each offer includes sufficient information so that the consumer understands the rights and obligations associated with accepting the offer, particularly regarding:

• Price, excluding customs duties and import VAT, which are the customer’s responsibility and are collected by the postal or courier service upon delivery in the EU country of destination.
• Any shipping costs.
• How the agreement will be established and the required actions.
• The applicability of the right of withdrawal.
• The payment, delivery, and performance terms of the agreement.
• The period within which the offer can be accepted or the entrepreneur’s price guarantee.
• The distance communication costs, if calculated differently from the base rate for the used means of communication.
• Whether the agreement is archived post-conclusion, and if so, how it can be accessed by the consumer.
• How the consumer can verify and, if necessary, correct the information provided within the agreement framework before concluding it.
• The other languages, if any, in which the agreement may be concluded.
• The codes of conduct to which the entrepreneur is subject and how the consumer can access these codes electronically.
• The minimum duration of the distance contract in the case of a long-term transaction.
• Available sizes, colors, and types of materials (optional).

Article 5 – The Agreement

The agreement is established at the moment the consumer accepts the offer and complies with the associated conditions, provided the requirements in paragraph 4 have been met.

If the consumer has accepted the offer electronically, the entrepreneur will immediately acknowledge receipt of the acceptance electronically. As long as the entrepreneur has not confirmed receipt, the consumer may dissolve the agreement.

If the agreement is established electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transfer and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may investigate, within the legal limits, whether the consumer can meet their payment obligations and may gather relevant facts and factors to responsibly enter into a distance contract. If the entrepreneur has valid reasons based on this investigation to refuse the agreement, they are entitled to reject an order or impose special conditions.

The entrepreneur will provide the consumer with the following information, either in writing or in a manner that allows the consumer to store it on a durable data carrier:

1. The business address where the consumer can address complaints.
2. The terms and manner in which the consumer may exercise the right of withdrawal or a clear statement if this right is excluded.
3. Information on guarantees and available after-sales services.
4. The data included in Article 4, paragraph 3, unless the entrepreneur has already provided this information before executing the agreement.
5. The conditions for terminating the agreement if it has a duration of more than one year or is indefinite.

For long-term transactions, the above provision only applies to the first delivery. Each agreement is entered into under the suspensive condition of sufficient product availability.

Article 6 – Right of Withdrawal

For the purchase of products, the consumer has the right to dissolve the contract without stating a reason within 14 days. This reflection period starts on the day following receipt of the product by the consumer or a representative designated by the consumer and notified to the entrepreneur.

During the reflection period, the consumer will handle the product and packaging with care, only using it to the extent necessary to assess whether they wish to keep it. If the consumer exercises their right of withdrawal, they will return the product with all accessories and in the original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. This notification can be made via written message or email. After notification, the consumer must return the product within 14 days to the origin address. The consumer must provide proof of timely return, such as a shipping receipt.

If the consumer does not notify the entrepreneur of their intent to exercise the right of withdrawal within the specified period, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, they bear the costs of returning the products.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided the product has been received by the entrepreneur or the consumer has supplied conclusive proof of complete return.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for certain products as described in paragraphs 2 and 3. This exclusion only applies if it was clearly stated in the offer or before the contract was concluded.

Exclusion of the right of withdrawal is only possible for:

1. Products made according to the consumer’s specifications.
2. Products of a clearly personal nature.
3. Products that cannot be returned due to their nature.
4. Products that are liable to deteriorate or expire rapidly.
5. Products whose price depends on fluctuations in the financial market beyond the entrepreneur's control.
6. Loose newspapers and magazines.
7. Audio, video recordings, and computer software with broken seals.
8. Hygiene products with broken seals.

The right of withdrawal may be excluded for services if:

1. The services concern accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or period.
2. The service delivery has started with the consumer's express consent before the end of the cooling-off period.
3. The services concern betting and lotteries.

Article 9 – Pricing

Prices of the offered products and/or services will not be increased during the offer validity period, except for price changes due to VAT rate changes.

The entrepreneur may offer variable pricing on products or services whose prices are subject to fluctuations in the financial market, and which the entrepreneur cannot influence. This will be stated in the offer if applicable.

Price increases within three months of contract conclusion are only allowed if they are due to statutory regulations. Price increases after three months are only permitted if the entrepreneur has stipulated this and the consumer has the right to terminate the contract from the effective date of the increase.

The place of delivery, based on Article 5, paragraph 1 of the Dutch VAT Act 1968, is outside the EU. Therefore, the post or courier service will collect import VAT and/or customs fees from the recipient, and the entrepreneur will not charge VAT.

All prices are subject to typographical errors. The entrepreneur accepts no liability for printing errors and is not obligated to supply products at incorrect prices.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services meet the contract specifications, are reasonably fit for their intended purposes, and comply with existing legal provisions and/or government regulations at the date of the contract.

Any defects or incorrectly delivered products should be reported in writing to the entrepreneur within 14 days of delivery. Products must be returned in original packaging and in new condition.

The entrepreneur's warranty period matches the manufacturer's warranty period. The entrepreneur is never responsible for the products' ultimate suitability for each individual application by the consumer or for any advice regarding the use or application of the products.

Warranty does not apply if:

• The consumer repairs or modifies the delivered products or has a third party do so.
• The products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the entrepreneur's instructions.
• The defects result from government regulations on the nature or quality of materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care in handling and fulfilling product orders.

The place of delivery is the address the consumer provides to the company.

With due observance of what is stated in Article 4, the entrepreneur will execute accepted orders promptly, but no later than 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or only partially fulfilled, the consumer will be informed within 30 days of placing the order. In such cases, the consumer has the right to terminate the contract without penalty.

In the event of dissolution according to the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product is impossible, the entrepreneur will make every effort to provide a replacement product. The consumer will be informed clearly and understandably of any replacement product delivered. The right of withdrawal applies to replacement products, with any return shipping costs covered by the entrepreneur.

The risk of product damage or loss is borne by the entrepreneur until delivery to the consumer or a representative previously designated by the consumer, unless otherwise agreed.

Article 12 – Long-Term Transactions: Duration, Termination, and Renewal

• Termination: The consumer can terminate an indefinite-term agreement for regular product or service delivery at any time, observing the applicable termination rules and a notice period of no more than one month.
• Renewal: A definite-term contract for regular product or service delivery will not be automatically renewed or extended for a specific period.

Contracts of more than one year may be terminated by the consumer after one year, with a notice period of no more than one month, unless fairness and reasonableness prevent early termination.

Article 13 – Payment

Unless otherwise agreed, the consumer must settle the owed amounts within seven working days following the cooling-off period referred to in Article 6. For a service agreement, the payment period starts once the consumer receives the confirmation of the agreement.

The consumer must immediately report any inaccuracies in payment details provided or mentioned.

In the event of consumer non-payment, the entrepreneur has the right to charge the consumer any previously communicated reasonable costs, subject to legal limitations.

Article 14 – Complaints Procedure

Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within seven days after the consumer discovers the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an estimated timeline for a more detailed response.

If a complaint cannot be resolved by mutual agreement, it will result in a dispute subject to the dispute settlement procedure.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing. If a complaint is found justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these General Terms & Conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to the 2024 amendments to the VAT Act and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register payment data in the European CESOP system.

These Terms & Conditions reflect our commitment to clarity and transparency. For any questions regarding these terms, feel free to contact our support team at info@junahhamilton.com