This is an English translation of our Dutch general terms and conditions (Algemene Voorwaarden). In the event of any discrepancy between the two versions, the Dutch version prevails.

Terms and Conditions

Table of contents:

Article   1 - Definitions

Article   2 - Identity of the trader

Article   3 - Applicability

Article   4 - The offer

Article   5 - The agreement

Article   6 - Right of withdrawal

Article   7 - Obligations of the consumer during the cooling-off period

Article   8 - Exercise of the right of withdrawal by the consumer and the costs involved

Article   9 - Obligations of the trader in the event of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The price

Article 12 - Performance and additional guarantee

Article 13 - Delivery and performance

Article 14 - Continuing performance contracts: duration, termination and renewal

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

Article 18 - Additional or deviating provisions

 

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Ancillary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, 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. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data that is produced and supplied in digital form;
6. Continuing performance contract: an agreement for the regular delivery of goods, services and/or digital content during a certain period;
7. Durable data carrier: any means - including email - that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation or use for a period suited to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
8. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
9. Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: an agreement 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 agreement exclusive or partial 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 does not need to be made available if the consumer has no right of withdrawal with regard to their order;
12. Technique for distance communication: a means that can be used to conclude an agreement without the consumer and trader having to be in the same room at the same time.

 

Article 2 - Identity of the trader

Name of trader: Ms Saloua Abbassi

Trading under the name: J’NOOR

Registered address: Slotermeerlaan 69C1, 1064 HA Amsterdam, the Netherlands

Visiting address: Slotermeerlaan 69 C1, 1064 HA Amsterdam, the Netherlands

Phone number: 0031686334411

Available by phone: Monday to Sunday, 10:00-21:00.

Email address: info@j-noor.com

Chamber of Commerce (KvK) number: 78224748

VAT number: NL003305587B78

 

Article 3 - Applicability

1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
2. 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, the trader will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the trader's premises and that they will be sent to the consumer free of charge as soon as possible upon request.
3. If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may 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, before the distance contract is concluded, where the general terms and conditions can be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions the consumer may always invoke the applicable provision that is most favourable to them.

 

Article 4 - The offer

1. If an offer has a limited period of validity or is subject to conditions, this will 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 the consumer to make a proper assessment of the offer. If the trader uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
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 agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions set out therein.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
4. Within the legal framework, the trader may inform itself whether the consumer can meet their payment obligations, as well as of all facts and factors that are relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has good grounds not to enter into the agreement, it is entitled to refuse an order or request, stating its reasons, or to attach special conditions to its execution.
5. No later than upon delivery of the product, service or digital content to the consumer, the trader will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
6. the visiting address of the trader's establishment where the consumer can go with complaints;
7. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
8. information about guarantees and existing after-sales service;
9. 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;
10. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
11. if the consumer has a right of withdrawal, the model withdrawal form.
12. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

 

Article 6 - Right of withdrawal

For products:

1. The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not oblige them to state their reason(s).
2. The cooling-off period referred to in paragraph 1 starts on 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:
3. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. Provided that it has clearly informed the consumer of this prior to the ordering process, the trader may refuse an order for several products with different delivery times.
4. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;
5. for agreements for the regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, has received the first product.

 

For services and digital content not supplied on a tangible medium:

1. The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal, but may not oblige them to state their reason(s).
2. The cooling-off 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 if the consumer has not been informed about the right of withdrawal:

1. 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 twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
2. If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

 

Article 7 - Obligations of the consumer during the cooling-off period

1. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as they would be allowed to in a shop.
2. The consumer is only liable for any reduction in the value of the product resulting from handling the product beyond what is permitted in paragraph 1.
3. The consumer is not liable for any reduction in the value of the product if the trader has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

 

Article 8 - Exercise of the right of withdrawal by the consumer and the costs involved

1. If the consumer exercises their right of withdrawal, they must notify the trader within the cooling-off 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 trader. This is not necessary if the trader has offered to collect the product itself. In any event, the consumer has observed the return period if they return the product before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
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 bears the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs, or if the trader indicates that it will bear the costs itself, the consumer does not have to bear the costs of return.
6. If the consumer withdraws after first having 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 set quantity begins during the cooling-off period, the consumer owes the trader an amount proportionate to the part of the obligation fulfilled by the trader at the time of withdrawal, compared with the full performance of the obligation.
7. The consumer bears no costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
8. the trader has not provided the consumer 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;
9. the consumer has not expressly requested that the performance of the service or the supply of gas, water, electricity or district heating begins during the cooling-off period.
10. The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium if:
11. prior to its supply, they have not expressly agreed to the performance of the agreement beginning before the end of the cooling-off period;
12. they have not acknowledged losing their right of withdrawal when giving their consent; or
13. the trader has failed to confirm this statement by the consumer.
14. If the consumer exercises their right of withdrawal, all ancillary agreements are dissolved by operation of law.

 

Article 9 - Obligations of the trader in the event of withdrawal

1. If the trader makes it possible for the consumer to give notice of withdrawal electronically, it will send an acknowledgement of receipt without delay after receiving this notification.
2. The trader reimburses all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days of the day on which the consumer notifies it of the withdrawal. Unless the trader offers to collect the product itself, it may withhold reimbursement until it has received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.
3. The trader uses the same means of payment that the consumer used for the reimbursement, unless the consumer agrees to a different method. The reimbursement 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 trader does not have to reimburse the additional costs of the more expensive method.

 

Article 10 - Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

1. Products or services whose price is subject to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is understood to mean a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
4. performance has begun with the express prior consent of the consumer; and
5. the consumer has declared that they lose their right of withdrawal as soon as the trader has fully performed the agreement;
6. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
7. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance, other than for residential purposes, the transport of goods, car rental services and catering;
8. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance;
9. Products manufactured according to the consumer's specifications, which are not prefabricated and are made on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
10. Products that spoil quickly or have a limited shelf life;
11. Sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery;
12. Products that, by their nature, have been irrevocably mixed with other products after delivery;
13. 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 trader has no influence;
14. Sealed audio or video recordings and computer software whose seal has been broken after delivery;
15. Newspapers, periodicals or magazines, with the exception of subscriptions to these;
16. The supply of digital content other than on a tangible medium, but only if:
17. performance has begun with the express prior consent of the consumer; and
18. the consumer has declared that they thereby lose their right of withdrawal.

 

Article 11 - The price

1. 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 resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence at variable prices. This dependence on fluctuations and the fact that any prices stated are target prices will be stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:

 

 

1. they result from statutory regulations or provisions; or
2. the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
3. The prices stated in the offer of products or services include VAT.

 

Article 12 - Performance of the agreement and additional guarantee

1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the trader, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the trader under the agreement if the trader has failed to fulfil its part of the agreement.
3. An additional guarantee is understood to mean any commitment by the trader, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do if it has failed to fulfil its part of the agreement.

 

Article 13 - Delivery and performance

1. The trader will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the trader.
3. With due observance of what is stated in Article 4 of these general terms and conditions, the trader will execute accepted orders with due speed, but no later than within 30 days, unless a different delivery period has been agreed. 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 that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer without delay.
5. The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or to a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

 

Article 14 - Continuing performance contracts: duration, termination and renewal

Termination:

1. The consumer may at any time terminate an agreement entered into for an indefinite period for the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and a notice period of no more than one month.
2. The consumer may at any time terminate an agreement entered into for a fixed period for the regular delivery of products (including electricity) or services towards the end of the fixed term, with due observance of the agreed termination rules and a notice period of no more than one month.
3. With regard to the agreements referred to in the previous paragraphs, the consumer may:

•  terminate them at any time and not be limited to termination at a specific time or in a specific period;
• at least terminate them in the same way as they were entered into;
• always terminate them with the same notice period as the trader has stipulated for itself.

Renewal:

1. An agreement entered into for a fixed period for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
2. Notwithstanding the previous paragraph, an agreement entered into for a fixed period for the regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a fixed period of no more than three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a fixed period for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement concerns the regular, but less than once a month, delivery of daily, news and weekly papers and magazines.
4. An agreement of limited duration for the regular introductory delivery of daily, news and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration:

1. 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 term.

 

Article 15 - Payment

1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days of the conclusion of the agreement. In the case of an agreement to provide a service, this period begins on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.
3. The consumer has the obligation to report any inaccuracies in payment details provided or stated to the trader without delay.
4. If the consumer does not fulfil their payment obligation(s) in time, after the trader has pointed out the late payment and has granted the consumer a period of 14 days to still meet their payment obligations, and payment is not made within this 14-day period, the consumer owes statutory interest on the amount still due and the trader is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the following €2,500 and 5% on the following €5,000, with a minimum of €40. The trader may deviate from these amounts and percentages in favour of the consumer.

 

Article 16 - Complaints procedure

1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the trader, fully and clearly described, within a reasonable time after the consumer has discovered the defects.
3. Complaints submitted to the trader will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must in any event give the trader 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 17 - Disputes

1. Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

 

Article 18 - Additional or deviating provisions

Provisions that are additional to or deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.

Annex I: Model withdrawal form

 

 

Model withdrawal form

 

(only complete and return this form if you wish to withdraw from the agreement)

 

-             To:       [trader's name]

[trader's geographical address]

[trader's fax number, if available]

[trader's email address or electronic address]

 

-             I/We* hereby give notice that I/we* withdraw from my/our* contract regarding

the sale of the following products: [product description]*

the supply of the following digital content: [description of digital content]*

the provision of the following service: [description of service]*

 

-             Ordered on*/received on* [date of order for services or receipt for products]

 

-             [Name of consumer(s)]

 

-             [Address of consumer(s)]

 

-             [Signature of consumer(s)] (only if this form is submitted on paper)

 

-             [Date]

 

 

* Delete as appropriate or fill in where applicable.