Article 1 – General Terms and Conditions – Definitions
In these General Terms and Conditions, the following terms shall have the meanings ascribed to them:
General Terms and Conditions: the general terms and conditions as included in this document.
Juicebrothers B.V.: the legal entity offering products and/or services remotely to the counterparty;
Cooling-off period: the period within which the counterparty can exercise their right of withdrawal;
Counterparty: a person entering into a distance contract with Juicebrothers B.V.;
Consumer: The counterparty who does not act in the course of a profession or business and enters into a distance contract with Juicebrothers B.V.;
Distance contract: a contract whereby, within the framework of a system organized by Juicebrothers B.V. for distance selling of products, the contract is concluded exclusively through one or more means of distance communication;
Company: The counterparty acting in the course of a business or profession and entering into a distance contract with Juicebrothers B.V.;
Product: All goods subject to the distance contract.
Day: calendar day;
Right of withdrawal: the counterparty’s right to withdraw from the distance contract within the cooling-off period;
Model withdrawal form: the model withdrawal form provided by Juicebrothers B.V. that a counterparty can fill in if they wish to exercise their right of withdrawal;
Means of distance communication: a medium that can be used to conclude a contract, without the counterparty and Juicebrothers B.V. being simultaneously present in the same space.
Article 2 – General Terms and Conditions – Details of Juicebrothers
Juicebrothers B.V.
Address: Joan Muyskenweg 32J
1114 AN Amsterdam;
Email address: [email protected]
Chamber of Commerce number: 60735767
VAT identification number: NL854038590B01
Article 3 – General Terms and Conditions – Applicability
These general terms and conditions apply to every offer from Juicebrothers B.V. and to every distance contract concluded and orders placed between Juicebrothers B.V. and the Counterparty.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the counterparty. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions are available for inspection at Juicebrothers B.V. and can be sent to the counterparty upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions shall be made available to the counterparty electronically in such a way that it can be easily stored by the counterparty.
The applicability of any purchasing or other general terms and conditions of the counterparty is expressly rejected.
If one or more provisions in these general terms and conditions are wholly or partially void or voidable at any time, the agreement and these general terms and conditions shall remain in force for the rest and the relevant provision shall be replaced by a provision that approximates the intent of the original as closely as possible in mutual consultation.
Deviations from the distance contract and general terms and conditions are only valid if agreed upon in writing and expressly with Juicebrothers B.V.
Situations not provided for in these general terms and conditions shall be assessed “in the spirit” of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in the spirit” of these general terms and conditions.
Article 4 – General Terms and Conditions – The offer
If an offer has a limited validity period or is subject to conditions, this shall be explicitly stated in the offer.
The offer is non-binding unless the offer contains an acceptance period. If an acceptance period is specified in the offer, the offer shall expire upon expiry of this period. Juicebrothers B.V. is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the counterparty to make a proper assessment of the offer. If Juicebrothers B.V. uses images, these are a true representation of the products offered. Obvious mistakes or obvious errors in the offer do not bind Juicebrothers B.V.
The offer is valid while stocks last.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
A composite quotation does not oblige Juicebrothers B.V. to deliver part of the items included in the offer at a corresponding part of the price quoted.
Each offer contains information such that it is clear to the counterparty what rights and obligations are attached to acceptance of the offer. This concerns in particular:
The price including taxes;
The possible shipping costs;
The way in which the contract 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 contract;
Whether the contract will be archived after its conclusion, and if so, how it can be consulted by the counterparty;
How the counterparty, before concluding the
contract, can check and, if desired, rectify the information provided by them in the context of the contract;
Any other languages in which the contract can be concluded, in addition to Dutch;
The codes of conduct to which Juicebrothers B.V. has submitted itself and the way in which the counterparty can consult these codes of conduct electronically; and
The minimum duration of the distance contract in the event of an extended transaction.
Article 5 – General Terms and Conditions – The contract
Subject to the provisions of paragraph 4, the contract is concluded at the moment of acceptance by the counterparty of the offer and compliance with the corresponding conditions.
If the counterparty has accepted the offer electronically, Juicebrothers B.V. shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Juicebrothers B.V., the counterparty may dissolve the contract.
If the contract is concluded electronically, Juicebrothers B.V. will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the counterparty can pay electronically, Juicebrothers B.V. shall observe appropriate security measures.
Juicebrothers B.V. may – within legal frameworks – inquire whether the counterparty can fulfill their payment obligations, as well as all those facts and factors that are important for responsibly concluding the distance contract. If, on the basis of this investigation, Juicebrothers B.V. has good reasons not to enter into the contract, it is entitled to refuse an order or request or to attach special conditions to the execution thereof.
Juicebrothers B.V. will provide the counterparty with the following information, in writing or in such a way that it can be stored by the counterparty in an accessible manner on a durable medium, together with the product, the latest at the time of delivery of the product, in a manner that can be understood by the counterparty:
The visiting address of the establishment of Juicebrothers B.V. where the counterparty can go with complaints;
The conditions under which and the way in which the counterparty can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
The information about guarantees and existing after-sales service;
The price, including all taxes on the product; the costs of delivery, if any; and the method of payment, delivery, or implementation of the distance contract;
The requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
In the event of a continuing performance contract, the provision of the previous paragraph applies only to the first delivery.
Every contract is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 – General Terms and Conditions – Right of withdrawal
When purchasing products, the counterparty has the option to dissolve the contract without giving any reason during a cooling-off period of at least 14 days. Juicebrothers B.V. may ask the counterparty about the reason for the withdrawal, but not to oblige them to state their reason(s).
The cooling-off period referred to in paragraph 1 starts on the day after the counterparty, or a third party designated by the counterparty in advance, who is not the carrier, has received the product, or:
If the counterparty has ordered several products in the same order: the day on which the counterparty, or a third party designated by them, has received the last product. Juicebrothers B.V. may, provided it has clearly informed the counterparty of this prior to the ordering process, refuse an order for several products with different delivery times.
If the delivery of a product consists of several shipments or parts: the day on which the counterparty, or a third party designated by them, has received the last shipment or the last part;
In the case of contracts for regular delivery of products during a certain period: the day on which the counterparty, or a third party designated by them, has received the first product.
In the case of services and digital content that is not delivered on a physical carrier:
The counterparty can dissolve the contract without giving any reason during at least 14 days, starting on the day following the conclusion of the contract.
Juicebrothers B.V. will make the following information available to the counterparty in writing or in such a way that it can be stored by the counterparty in an accessible manner on a durable medium, in any case before the conclusion of the contract:
The visiting address of the establishment of Juicebrothers B.V. where the counterparty can go with complaints;
The conditions under which and the way in which the counterparty can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
The information about guarantees and existing after-sales service;
The price, including all taxes on the product; the costs of delivery, if any; and the method of payment, delivery, or implementation of the distance contract;
The requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
In the event of a continuing performance contract, the provision of the previous paragraph applies only to the first delivery.
If Juicebrothers B.V. has not provided the counterparty with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period, as determined in accordance with the previous paragraphs of this article.
If Juicebrothers B.V. has provided the counterparty with the information referred to in the previous paragraph within twelve months of the start of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the counterparty has received that information.
If the counterparty exercises their right of withdrawal, they will notify Juicebrothers B.V. of this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
Article 7 – General Terms and Conditions – Costs in the event of withdrawal
If the counterparty exercises their right of withdrawal, they shall bear at most the cost of return shipment.
If the counterparty has paid an amount, Juicebrothers B.V. will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that Juicebrothers B.V. has already received the returned product or can prove that it has been returned.
The counterparty must return the product immediately, but in any case within 14 days of the day on which they have notified Juicebrothers B.V. of their withdrawal. The counterparty has returned the product on time if they return it before the expiry of the 14-day period.
The counterparty bears the direct costs of returning the product. If Juicebrothers B.V. has not reported that the counterparty must bear these costs or if Juicebrothers B.V. indicates that it will bear the costs itself, the counterparty does not have to bear the costs of returning the product.
If the counterparty withdraws after having explicitly requested that the performance of the service or the supply of gas, water, or electricity not be carried out in a limited volume or quantity during the cooling-off period, the counterparty is Juicebrothers B.V. an amount proportional to that part of the obligation already fulfilled by Juicebrothers B.V. at the time of withdrawal, compared to the full fulfillment of the obligation.
The counterparty bears no costs for the performance of services or the supply of water, gas, or electricity not
put up for sale in a limited volume or quantity or for the supply of district heating if:
Juicebrothers B.V. has not provided the counterparty with the legally required information about the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form, or;
The counterparty has not explicitly requested the commencement of the performance of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.
Article 8 – Exclusion of right of withdrawal
Juicebrothers B.V. can exclude the counterparty’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if Juicebrothers B.V. has clearly stated this in the offer, at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
Which have been created by Juicebrothers B.V. in accordance with the counterparty’s specifications;
That are clearly of a personal nature;
That cannot be returned due to their nature;
That can spoil or age quickly;
Whose price is subject to fluctuations in the financial market over which Juicebrothers B.V. has no influence;
For individual newspapers and magazines;
For audio and video recordings and computer software of which the counterparty has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
Relating to accommodation, transport, restaurant services, or leisure activities to be carried out on a specific date or during a specific period;
Whose delivery has begun with the express consent of the counterparty before the cooling-off period has expired;
Relating to bets and lotteries.
Article 9 – The price
During the period of validity stated 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.
Notwithstanding the preceding paragraph, Juicebrothers B.V. may offer products or services whose prices are subject to fluctuations in the financial market over which Juicebrothers B.V. has no influence, at variable prices. The offer must state the possibility of being subject to fluctuations and the fact that any stated prices are target prices.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if Juicebrothers B.V. has stipulated this and:
They are the result of statutory regulations or provisions; or
The counterparty has the authority to terminate the contract with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Article 10 – Compliance and additional warranty
Juicebrothers B.V. guarantees that the products and/or services comply with the contract, with the specifications stated in the offer, with reasonable requirements of reliability and/or usability and with statutory provisions and/or government regulations existing on the date of conclusion of the contract. If agreed, Juicebrothers B.V. also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by Juicebrothers B.V., its supplier, manufacturer, or importer never limits the legal rights and claims that the counterparty can assert against Juicebrothers B.V. under the contract if Juicebrothers B.V. has failed to fulfill its part of the agreement.
Article 11 – Delivery and execution
Juicebrothers B.V. will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the counterparty has made known to Juicebrothers B.V.
With due observance of what is stated in article 4 of these general terms and conditions, Juicebrothers B.V. will execute accepted orders expeditiously but no later than within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the counterparty will be notified of this no later than 30 days after they have placed the order. In that case, the counterparty has the right to dissolve the contract free of charge and is entitled to any compensation.
After dissolution in accordance with the preceding paragraph, Juicebrothers B.V. will refund the amount paid by the counterparty immediately, but no later than 14 days after dissolution.
The risk of damage and/or loss of products rests with Juicebrothers B.V. until the moment of delivery to the counterparty or a pre-designated representative made known to Juicebrothers B.V., unless expressly agreed otherwise.
Article 12 – Continuing performance transactions: duration, termination, and extension
Termination
The counterparty can terminate a contract that has been entered into for an indefinite period and that extends to 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 counterparty can terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
The counterparty can terminate the agreements mentioned in the preceding paragraphs:
At all times and not be limited to termination at a specific time or during a specific period;
At least in the same way as they were entered into by the counterparty;
Always terminate with the same notice period as Juicebrothers B.V. has stipulated for itself.
Extension
A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
Notwithstanding the preceding paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may tacitly be renewed for a fixed period of up to three months if the counterparty can terminate this extended contract at the end of the extension period with a notice period of no more than one month.
A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the counterparty can terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
A contract with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.