Article 1 - Definitions
In these terms and conditions, the following definitions shall apply:
1. Ancillary contract: a contract whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
2. Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuous contract: a contract for the regular supply of goods, services and/or digital content for a defined period of time;
7. Durable data carrier: any device - including e-mail - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;
9. Trader: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services to consumers from a distance; 10;
10. Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby, up to and including the conclusion of the contract, sole or joint use is made of one or more techniques for distance communication
11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I need not be made available if the consumer does not have a right of withdrawal in respect of his order;
12. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
Article 2 - Identity of the entrepreneur
Name of the entrepreneur: Just Franky B.V.
Business & visiting address: Aalsterweg 262 5644 RK Eindhoven
Telephone number: +31 20 2612694
Available: Monday to Friday from 9:00 a.m. to 5:00 p.m.
E-mail address: [email protected]
Chamber of Commerce: 625 240 70
VAT identification number: NL854851690 B01
Article 3 - Applicability
1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the remote agreement is concluded, indicate in what way the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding 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 it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favourable to him.
Article 4 - The offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products, services and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and fulfils the conditions stipulated.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur may within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating reasons.
5. The entrepreneur shall, at the latest on delivery of the product, service or digital content, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions on which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales services;
d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration; f. if the consumer has a right of withdrawal, the model withdrawal form.
6. In case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Article 6 - Right of withdrawal With products:
1. The consumer may dissolve an agreement regarding the purchase of a product during a 14-day cooling-off period without giving reasons. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s) except if the consumer engraves with his own handwriting. We will copy the customer's exact design and we can guarantee exact engraving of the design this is therefore not refundable.
2. The cooling-off period mentioned in paragraph 1 starts the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The trader may, provided he has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party indicated by him, has received the last shipment or part;
c. in the case of contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
In the case of services and digital content not supplied on a tangible medium:
3. A consumer may cancel a service contract and a contract for the supply of digital content which is not supplied on a tangible medium for 30 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but may not oblige the consumer to give his reason(s).
4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement. Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about right of withdrawal:
5. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires 12 months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the effective date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.
Article 7 - Obligations of the consumer during the reflection period
1. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1. 3. The consumer is not liable for depreciation of the product if the trader did not provide him with all legally required information on the right of withdrawal before or at the time of concluding the contract.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it over to (an authorised representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product himself. The consumer has observed the return period in any case if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer shall bear the direct costs of returning the product. If the trader has not indicated that the consumer should bear these costs or if the trader indicates that the consumer should bear the costs himself, the consumer shall not have to bear the return costs.
6. If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or certain quantity starts during the withdrawal period, the consumer owes the entrepreneur an amount proportionate to that part of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfilment of the commitment.
7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if: a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in case of withdrawal or the model form for withdrawal, or; b. the consumer has not explicitly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the withdrawal period.
8. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
a. he has not expressly consented, prior to its delivery, to the beginning of the performance of the contract before the end of the cooling-off period;
b. he has not acknowledged losing his right of withdrawal when giving his consent; or
c. the trader has failed to confirm this statement by the consumer.
9. If the consumer makes use of his right of withdrawal, all additional contracts shall be dissolved by operation of law.
Article 9 - Obligations of the trader in case of withdrawal
1. If the trader enables the consumer to notify withdrawal electronically, he shall send an acknowledgement of receipt of this notification without delay.
2. The entrepreneur reimburses all payments of the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait with reimbursement until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
3. For repayment, the entrepreneur shall use the same means of payment that the consumer has used, unless the consumer agrees to another method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this when making the offer, or at least in good time before concluding the contract:
1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2. Contracts concluded during a public auction. A public auction means a method of sale in which products, digital content and/or services are offered by the entrepreneur to consumers who attend or are given the opportunity to attend the auction in person, under the guidance of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, after full performance of the service, but only if: a. the performance has started with the express prior consent of the consumer; and b. the consumer has declared that he loses his right of withdrawal once the trader has fully performed the contract;
4. Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;
5. Contracts relating to leisure activities, if a specific date or period of performance thereof is provided for in the contract;
6. Products manufactured to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
9. Products which by their nature are irrevocably mixed with other products after delivery;
10. Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
11. Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
12. Newspapers, magazines or journals, with the exception of subscriptions to these;
13. The delivery of digital content other than on a material carrier, but only if:
a. the performance has started with the express prior consent of the consumer;
b. the consumer has declared that he thereby loses his right of withdrawal.
Article 11 - The price
1. During the validity period stated in the offer, the prices of the products and/or services on offer shall not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices shall be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated them and:
a. they are the result of legal regulations or provisions; or
b. the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
Article 12 - Compliance with the agreement and additional guarantee
1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfil his part of the agreement.
3. Extra warranty means any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfil his part of the agreement.
Article 13 - Delivery and execution
1. The entrepreneur shall take the greatest possible care when receiving and executing orders of products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of the stipulations in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with convenient speed but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount the consumer has paid without delay. 5. 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 explicitly agreed otherwise.
Article 14 - Duration transactions: duration, termination and renewal Termination:
1. The consumer may at any time terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a maximum notice period of one month.
2. The consumer may terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed term in accordance with the applicable termination rules and a period of notice that does not exceed one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs: - terminate them at any time and not be limited to termination at a specific time or in a specific period; - terminate them at least in the same way as they were entered into by him; - always terminate them with the same notice period as the entrepreneur has stipulated for himself.
4. A contract entered into for a definite period and which extends to the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
5. Notwithstanding the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract towards the end of the renewal with a notice period not exceeding one month.
6. A fixed-term contract that has been concluded for the regular supply of products or services may be tacitly extended for an indefinite period only if the consumer may terminate it at any time with a notice period not exceeding one month. The notice period shall not exceed three months in case the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines. 7. A fixed-term contract for the regular supply of daily or weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period. '
8. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 15 - Payment
1. Unless otherwise stipulated in the agreement or additional terms and conditions, the amounts owed by the consumer should be paid within 14 days after the start of the reflection period, or, in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer receives the confirmation of the agreement.
2. When selling products to consumers, general terms and conditions may never require the consumer to pay more than 50% in advance. Where advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
4. If the consumer does not timely meet his payment obligation(s), he is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the non-payment within this 14-day period, due the statutory interest on the amount due and the entrepreneur has the right to charge the extrajudicial collection costs made by him. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the following € 2,500 and 5% over the following € 5,000, with a minimum of € 40. The entrepreneur may deviate from said amounts and percentages for the benefit of the consumer.
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If you are under sixteen, you cannot use our website and services unless you have permission from your parents or guardian.
We will not process your data without your consent, unless we are legally obliged to do so.
What data do we hold and how do we use your data?
In order to use our website and service, we need the following data:
Your telephone number
Your e-mail address
Your IP address
Your payment details
We may also store the following non-personal data when you use our website:
Your browser type
The operating system you use
The internet service provider
The type of device you use to visit our website
We store the following account data: user name, password, first name, last name, nickname, language, e-mail, phone number, website, company, delivery address and newsletter preferences. This way, you don't have to give us all these details again. We also store-in your convenience-the details of previous orders.
The social media provider may send us information (depending on its policy) if you use social media functions on our website. This may include your name, your profile picture, your gender, your friends list and other information you provide. If you do not want the social media provider to send that information to us, you must adjust the privacy setting of your social media account. If you like an item, it will appear on your social media account when you are logged in to your account. When you are on a web page with social media add-ins, your browser sends certain information to the provider of your social media account. We have no control over the sharing of this data.
We may ask you to participate in a market survey. We then use your data. We only use statistical data that is anonymous to Just Franky B.V.. You can close the questionnaire at any time. We do not share your details with others or make them publicly available. In addition, your answers are not linked to your e-mail address either.
Just Franky B.V. sends newsletters. That way, you are kept fully informed of offers and other news. We use a double opt-in system to make sure we have your permission. This means that your consent is verified with every new confirmation. We ask for this verification via an e-mail sent to the address you provide. Every time we send you a new newsletter, you have the option to unsubscribe.
For your order we need your name, e-mail address, address and payment details. We register, store and process your order efficiently and well. If necessary, we also use this data for subsequent warranty purposes. While processing your order, we provide Mollie, MyParcel, PostNL, Postmasters, PayPal, Rabobank with relevant personal data. We only use your personal data for the purposes above and for other purposes related to it. This way, your data is never used by us in an unexpected way.
Making automatic decisions
Based on your personal data, we can make automatic decisions. For example, which checkout and shipping options are best suited and available for your country and or region. We make these decisions based on the given group address, shipping address and the user role assigned at registration (wholesale or retail customer). Such decisions may affect some checkout options and shipping options may not be available. It is important that we make these decisions for you because certain checkout and shipping options are not available for certain countries, regions or account types.
We work hard to protect your data from unauthorised and unlawful access, modification, disclosure, use and destruction. In this way, unauthorised persons cannot access your data. We take the following measures to protect your personal data:
Secure network connections with Secure Socket Layer (SSL) technology or technology similar to SSL
How long do we keep your personal data?
We will use your personal data for as long as necessary to fulfil the above purposes.
With whom do we share your personal data?
We may share your personal data with others. In a data processing agreement, we will agree with those parties that they will only use data relevant to their services. These parties will use your data in accordance with our instructions and not for their own purposes. We may share your data with, for example, Mollie, PayPal, Rabobank, Sendcloud, UPS, Hostingxs, Nochii, Google, Invoices, and online storage services. They take care of data storage and proper processing of payments, orders, newsletters and salary. These parties are 'processors' within the meaning of the relevant legislation.
We process your data only within the European Union. We process your data outside the European Union only if that country has an effective level of protection for your data. We will never transfer your data to countries other than those described above.
You may find advertisements or other content linked to other websites on our website. We do not control the content of these websites and are not responsible for the content and privacy protection of these websites. We advise you to read the privacy policies of these websites.
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The data we store is personal and therefore you have the following rights:
You may request access to the data we hold about you
You may ask us to correct, update, protect or delete your data from our records. In case of fraud, non-payment or other abuse, we may keep some data in a blacklisted register.
You may ask for a copy of the data we have processed about you. We can-on your request-send this copy to another party, so that you do not have to do this yourself.
You may lodge a complaint against the processing of your data
You may lodge a complaint with the Dutch data protection authority if you have the impression that we are processing your data illegally.
You may withdraw your consent to the processing of your data at any time. We may no longer process your data the moment you withdraw your consent.
If you wish to return something, please send us an e-mail with the reason for your return and your order number. Then we can create a return code for you.
We accept returns if they have not been worn, and not personalised with engraving. Please ensure that your order is returned within 14 days of receipt. Once we have received your return, it will take 14 working days for your refund. You will receive your refund in the same way you paid.
Just Franky B.V.
5644 RK Eindhoven
Telephone number: +31 40-3046522
E-mail: [email protected]
Chamber of Commerce number: 625 240 70
VAT identification number: NL854851690B01