Article 1 - Definitions
Article 2 - Jogha International B.V.’s identity
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - Exercising the Consumer’s right of withdrawal and the costs
Article 8 - Obligations of Jogha International B.V. in case of withdrawal
Article 9 - Preclusion from right of withdrawal
Article 10 - The price
Article 11 - Performance of an agreement and extra Guarantee
Article 12 - Delivery and execution
Article 13 - Payment
Article 14 - AfterPay
Article 15 - Complaints procedure
Article 16 – Disputes
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
Article 2 – The Entrepreneur’s identity
Jogha International B.V.
Aranka van der Voorden
3011 CD Rotterdam
E-mail address: email@example.com
Chamber of Commerce number: KVK 60322632
VAT identification number: BTW NL853857969B01
Article 3 – Applicability
1. These General Terms and Conditions apply to any offer from Jogha International B.V. and to any distance contract concluded by Jogha International B.V. and the Consumer.
2. Before concluding a distance contract, Jogha International B.V. shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, Jogha International B.V. shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
4. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
Article 4 – The offer
1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If Jogha International B.V. makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind Jogha International B.V..
3. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer. This includes, in particular:
Article 5 – The contract
1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the Consumer accepted the offer via electronic means, Jogha International B.V. shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
3. If the contract is concluded electronically, Jogha International B.V. will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, Jogha International B.V. shall observe appropriate security measures.
4. Jogha International B.V. may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, Jogha International B.V. has sound reasons for not concluding the contract, she is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
5. Before delivering the product, Jogha International B.V. shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
6. In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
Upon delivery of products:
Upon delivery of services
Article 7 – Exercising the Consumer’s right of withdrawal and the costs
Article 8 – Obligations of Jogha International B.V. in case of withdrawal
1. If Jogha International B.V. received a notification from the Customer, Jogha International B.V. will send a confirmation e-mail after Jogha International B.V. received the withdrawal notification from the Customer.
2. The trader will promptly reimburse all costs to the Consumer, including any delivery costs incurred for the returned product, latest within a period of 14 days following the day that the Consumer has notified the trader of the withdrawal. Unless the trader offers to collect the product themselves, the trader may delay the refund until the product was received or the Consumer can demonstrate that they have sent the product, depending on which occurs at an earlier date.
2. Jogha International B.V. will use the same payment method as the Customer to refund the money. The refund will not cost anything for the Customer.
2. If the Consumer has paid a sum, Jogha International B.V. will refund this sum as quickly as possible, though at the latest within 30 days after the goods were returned or after the withdrawal.
Article 9 – Preclusion from right of withdrawal
1. Jogha International B.V. can preclude the Consumer from having a right of withdrawal as far is provided for in paragraph 2 and 3 of this article. The preclusion of the right of withdrawal is only valid if Jogha International B.V. clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.
2. Products or services whose prices are subject to fluctuations in the financial market that are beyond Jogha International B.V.’s control, at variable prices that can happen during the period of withdrawal.
Article 10 - The price
1. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
2. Contrary to the previous paragraph, Jogha International B.V. may offer products or services whose prices are subject to fluctuations in the financial market that are beyond Jogha International B.V.’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if Jogha International B.V. has stipulated it and
a. they are the result of legal regulations or stipulations, or
b. the Consumer has the authority to cancel the contract before the day on which the price increase
5. All prices indicated in the provision of products or services are including VAT.
Article 11 – Performance of an agreement and extra Guarantee
1. Jogha International B.V. guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, Jogha International B.V. also guarantees that the product is suitable for other than normal use.
2. A guarantee arrangement offered by Jogha International B.V., manufacturer or importer does not affect the legal rights and claims that a consumer, as a result of the contract, can enforce against Jogha International B.V..
3. An additional guarantee is understood as the trader, its supplier, importer or producer certifies certain rights or claims to the Consumer that are beyond what is required by law in the event that the trader has failed to fulfill their part of the agreement.
Article 12 – Delivery and execution
1. Jogha International B.V. shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is at the address given by the Consumer to Jogha International B.V..
3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, Jogha International B.V. shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
4. After repudiation in conformity with the preceding paragraph, Jogha International B.V. shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
5. The risk of loss and/or damage to products will be borne by Jogha International B.V. until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.
Article 13 – Payment
1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the Consumer received the confirmation of the agreement.
2. When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed, the Consumer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.
3. The Consumer has the duty to inform Jogha International B.V. promptly of possible inaccuracies in the payment details that were given or specified.
4. In case the Consumer has not complied with his payment obligation(s) in time, and Jogha International B.V. has pointed out to the Consumers that the payment was late and allowed the Consumer a period of 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and Jogha International B.V. is entitled to charge the Consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. Jogha International B.V. may deviate from the aforementioned amounts and percentages in favour of the Consumer.
Artikel 14 – AfterPay
AfterPay performs the entire payment process, and therefore, executes a data check. This online creditworthiness check is performed in real time, and the Debtor will be informed at the time of ordering whether AfterPay accepts the Debtor or not. AfterPay's privacy statement is available here.
Article 15 – Complaints procedure
1. Jogha International B.V. shall have a sufficiently notified complaints procedure in place, and shall handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract shall be submitted fully and clearly described to Jogha International B.V. within a reasonable time after the Consumer discovered the defects.
3. The complaints submitted to Jogha International B.V. shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, Jogha International B.V. shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
4. If the complaint cannot be solved in joint consultation within a reasonable time or within 3 months after submitting the complaint, there will be a dispute that is open to the dispute settlement rules.
Article 16 - Disputes
1. Contracts between Jogha International B.V. and the Consumer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
Appendix I: Standard form for withdrawal
Standard Form for Withdrawal
(Complete this form and return it only when you want to revoke the agreement)
- To: Jogha International B.V.
3011 CD Rotterdam
E-mail address: firstname.lastname@example.org
- I/We hereby inform you that I/we wish to revoke our agreement on the sale of the following
products: [specification of the product]*
- Ordered on*/received on* [date of ordering the services or receiving products]*
- [Consumer’s name]
- [Consumer’s address]
- [Consumer’s signature] (only when this form is submitted on paper)
*) Delete and/or complete where appropriate.
Download here the Standard Form of Withdrawal in PDF format