Terms & Conditions
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can exercise their right of withdrawal; Learn more about the cooling-off period
Consumer: the natural person who does not act 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, where the delivery and/or performance obligation is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future access and unaltered reproduction of the stored information.
Right of withdrawal: the consumer's right to withdraw from the distance contract within the cooling-off period;
Model withdrawal form: the model withdrawal form provided by the entrepreneur that a consumer can fill out when they wish to exercise their right of withdrawal.
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 an organized system for distance selling of products and/or services by the entrepreneur, up to and including the conclusion of the contract, exclusively using one or more means of distance communication;
Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same space.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Jexxon
The Netherlands
Email: info@anostreme.com
Article 3 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions is 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 are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.
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 can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge upon request by electronic means or in another way.
In the event that specific product or service conditions are also applicable in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
If one or more provisions in these general terms and conditions are wholly or partially nullified or annulled at any time, the agreement and these terms and conditions will remain in effect for the remainder, and the provision in question will be replaced by a provision agreed upon in mutual consultation as soon as possible, which will as closely as possible approach the purpose of the original provision.
Situations not provided for in these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.
Ambiguities in the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.
Article 4 - The offer
If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change 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 enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
the price including taxes;
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 performance of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the amount of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
whether the agreement will be archived after its conclusion, and if so, how it will be accessible to the consumer;
how the consumer, before concluding the agreement, can check the data they provided in the context of the agreement and, if desired, correct it;
any other languages in which, besides Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in the case of a continuous transaction.
Article 5 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance by the entrepreneur has not been confirmed, 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 will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
Within the legal framework, the entrepreneur may inquire whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request 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 in an accessible manner on a durable medium:
the visit address of the entrepreneur's establishment where the consumer can address 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 referred to in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the conclusion of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the case of a continuous transaction, the provision in the preceding paragraph shall only apply to the first delivery.
Every agreement is entered into subject to the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of
withdrawal
For the supply of products:
When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after the consumer or a previously designated representative of the consumer, who is known to the entrepreneur, has received 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 assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all accessories supplied 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.
When the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must notify the entrepreneur of this by means of the model form or by another means of communication such as email. After the consumer has indicated that they wish to exercise their right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by means of proof of shipment.
If the customer has not notified the entrepreneur of their intention to exercise their right of withdrawal within the periods mentioned in paragraphs 2 and 3, or has not returned the product to the entrepreneur, the purchase is final.
For the supply of services:
In the case of the supply of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, commencing on the day of entering into the agreement.
To exercise their right of withdrawal, the consumer shall comply with the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery.
Article 7 - Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the maximum cost of returning the goods shall be borne by them.
If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal. However, this is conditional upon the product being received back by the webshop or upon conclusive proof of complete return shipment. The refund will be made using the same payment method that the consumer used, unless the consumer explicitly consents to another payment method.
If the product is damaged due to the consumer's careless handling, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for any depreciation of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal, which must be done before the conclusion of the purchase agreement.
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 in a timely manner before the conclusion of the agreement.
- Article 8 - Exclusion of the right of withdrawal
Exclusion of the right of withdrawal is only possible for products:
that are produced by the entrepreneur according to the consumer'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 dependent on fluctuations in the financial market over which the entrepreneur has no influence;
for single newspapers and magazines;
for audio and video recordings and computer software where the consumer has broken the seal;
for hygienic products where the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
where the delivery has started with the express consent of the consumer before the cooling-off period has expired;
relating to bets 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 due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services with prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. These fluctuations and any prices stated are indicative and will be specified 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:
these are the result of statutory regulations or provisions; or
the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting 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, with the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovery.
The warranty period of the entrepreneur 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 are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
the defectiveness is wholly or partly the result of regulations that the government has or will set with regard to the nature or quality of the materials used.