Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
- Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Continuous transaction: a distance contract relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over time;
- Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unchanged reproduction of the stored information;
- Right of withdrawal: the consumer’s option 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 at a distance;
- Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the sale of products and/or services at a distance, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
- Means of distance communication: any means that can be used to conclude a contract without the consumer and entrepreneur being together in the same space at the same time;
- General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
- Company name: Jero Vancouver
- Chamber of Commerce number:
- Trade name: Jero Vancouver
- VAT number:
- Customer service email: Support@jerovancouver.ca
- Business address: 1285 West Broadway, Vancouver
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible.
If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge at the consumer’s request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable 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 at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force, and the relevant provision will be replaced by a provision that approximates the original intent as closely as possible by mutual agreement.
Situations not regulated in these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms should 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 made subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.
Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This includes, in particular:
- the price, excluding customs clearance costs and import VAT. These additional costs will be borne by and are the responsibility of the customer. The postal and/or courier service will apply the special scheme for postal and courier services regarding import. This scheme applies when goods are imported into the EU country of destination, which is the case here. The postal and/or courier service will collect the VAT (possibly together with the clearance costs charged) from the recipient of the goods;
- any shipping costs;
- the manner in which the agreement will be concluded and what actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery, and execution of the agreement;
- the period for accepting the offer or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular base rate for the used communication method;
- whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
- the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them in the context of the agreement;
- any other languages in which, besides Dutch, the agreement can be concluded;
- the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of a continuous transaction.
Optional: available sizes, colours, types of materials.
Article 5 – The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may, within legal limits, verify whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to its execution.
The entrepreneur will provide the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer on a durable data carrier:
- the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
- the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- information about warranties and existing after-sales service;
- the data included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to dissolve the agreement without giving reasons within 30 days. This cooling-off period starts on the day after the consumer or a representative designated by the consumer and known to the entrepreneur receives the product.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 30 days after receiving the product. Notification must be made by written message/email. After notifying the entrepreneur, the consumer must return the product within 30 days. The consumer must prove that the goods have been returned on time to the place of origin. This may also be directly to our supplier in China. The consumer can do this, for example, by providing proof of shipment.
If the consumer has not notified the entrepreneur within the periods mentioned in paragraphs 2 and 3 that they wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur, 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 are entirely borne by the consumer. Please note that this also includes the costs of returning the products to the country of origin, which in this case is our supplier in China.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal. This is subject to the condition that the product has already been received by the retailer or that conclusive 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 paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur according to the consumer’s specifications;
- that are clearly personal in nature;
- that, by their nature, cannot be returned;
- that can spoil or age quickly;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software whose seal has been broken by the consumer;
- for hygienic products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
- relating to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
- whose delivery has begun with the consumer’s explicit consent before the cooling-off period has expired;
- relating to betting and lotteries.
Article 9 – The Price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence at variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
- they result from statutory regulations or provisions; or
- the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
The place of delivery is determined under Article 5, paragraph 1, of the Dutch Turnover Tax Act 1968, as the country where the transport begins. In this case, delivery takes place outside the EU. Consequently, the postal or courier service will charge the recipient import VAT and/or clearance costs. Therefore, the entrepreneur will not charge VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and existing legal provisions and/or government regulations on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Products must be returned in their 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 ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
- The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or those on the packaging;
- The defect is wholly or partly 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 utmost care when receiving and executing orders for products.
The place of delivery is the address provided by the consumer to the company.
Subject to the provisions of Article 4 of these terms and conditions, the company will execute accepted orders promptly but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Continuous Transactions: Duration, Termination, and Renewal
Termination
The consumer may terminate an agreement concluded for an indefinite period and which aims at the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement concluded for a fixed period and which aims at the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
- at any time and not be restricted to termination at a specific time or during a specific period;
- at least in the same manner as they were entered into by the consumer;
- always with the same notice period as the entrepreneur has stipulated for themselves.
Renewal
An agreement concluded for a fixed period and which aims at the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
Contrary to the previous paragraph, an agreement concluded for a fixed period and which aims at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement concluded for a fixed period and which aims at the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate 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 of an agreement that aims at the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and ends automatically after 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 reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously communicated to the consumer.
Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.
Complaints submitted to the entrepreneur will be answered within 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 30 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed reply.
If the complaint cannot be resolved by mutual agreement, a dispute arises 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 by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.