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Terms & Conditions

ARTICLE 1 – Identity of the Entrepreneur

Janssens Orient Carpets Holland B.V.

Head Office/Visiting Address/Central Administration:
Zevenheuvelenweg 2, 5048 AN TILBURG – NL

Availability / Opening Hours:
Monday to Friday from 8:30 AM to 6:00 PM
Saturday from 9:00 AM to 5:00 PM

Telephone number:
+31 13 46 85 941

Email address:
info@joch.nl

VAT Identification Number:
NL 00.488.574.0 B02

Chamber of Commerce Number:
180.22490

ARTICLE 2 – Definitions

In these terms and conditions, the following definitions apply:

  1. Entrepreneur: The natural or legal person who offers products and/or services to consumers remotely.
  2. Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a remote agreement with the entrepreneur.
  3. Means of Distance Communication: A means that can be used for concluding an agreement without the consumer and entrepreneur being physically present with each other, such as (but not limited to) fax, telephone, and internet.
  4. Remote Agreement: An agreement in which, as part of a system organized by the seller or service provider (entrepreneur) for remote sales or services of products and/or services, exclusively one or more means of distance communication are used up to and including the conclusion of the agreement.
  5. Right of Withdrawal: The option for the consumer to withdraw from the remote agreement within the cooling-off period.
  6. Cooling-off Period: The period within which the consumer can exercise their right of withdrawal.
  7. Day: Working day.
  8. Long-term Transaction: A remote agreement relating to a series of products and/or services, for which the delivery and/or purchase obligation is spread over a longer period.
  9. Durable Medium: Any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

ARTICLE 3 – Applicability

  1. These general terms and conditions apply to every remote agreement concluded between the entrepreneur and the consumer and to every offer made by the entrepreneur.
  2. Before the remote agreement is concluded, the entrepreneur will make the text of these general terms and conditions available to the consumer. If it is not possible to make the general terms and conditions available in advance, the entrepreneur will indicate before the remote agreement is concluded that the general terms and conditions can be viewed and will be sent to the consumer free of charge as soon as possible upon request. The text of these general terms and conditions can also 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 possible, it will be indicated before the remote agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request by the consumer.
  3. If, in addition to these general terms and conditions, specific product or service conditions apply, the second paragraph of this article applies accordingly, and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to them.

ARTICLE 4 – The Agreement

  1. The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set, taking into account the provisions of paragraph 6 of this article.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. Until the receipt of this acceptance has been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. The entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data if the consumer has accepted the offer electronically. The entrepreneur will ensure a secure web environment if the consumer can pay electronically.
  4. The entrepreneur will provide the following information in writing or in a way that allows the consumer to store it in an accessible manner on a durable medium:
    a. The visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
    b. The conditions under which the agreement can be terminated if it has a duration of more than one year or is of indefinite duration;
    c. The data mentioned in Article 5, paragraph 3, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
    d. Information about guarantees;
    e. 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.
  5. The provision in paragraph 4 only applies to the first delivery if the entrepreneur has committed to delivering a series of products or services.
    The entrepreneur may (within legal limits) investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the remote agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to its execution.

ARTICLE 5 – The Offer

  1. The entrepreneur will clearly state if an offer has a limited validity period or is made under certain conditions.
  2. The offer contains a complete, accurate, and detailed description of the products and/or services offered, allowing the consumer to assess the product/service properly. If images are used in the offer, they must be truthful representations of the offered products and/or services. Obvious errors or mistakes in the offer, which are immediately apparent to a consumer, do not bind the entrepreneur.
  3. The offer will clearly state the rights and obligations of the consumer if the offer is accepted, including:

    – The price including taxes; – Delivery costs if applicable; – The manner in which the agreement will be concluded and how the consumer can conclude it; – The method of delivery, payment, or execution of the agreement; – The manner in which the consumer can correct any unwanted actions before the agreement is concluded; – The languages in which, besides Dutch, the agreement can be concluded; – The codes of conduct the entrepreneur adheres to and how the consumer can access these codes electronically; – The minimum duration of the remote agreement if it involves the ongoing or periodic delivery of products or services; – Whether the right of withdrawal applies; – If the agreement will be archived after its conclusion, how it can be accessed by the consumer; – The rate for remote communication if the costs differ from the basic rate; – The period for accepting the offer or the period for adhering to the price.

ARTICLE 6 – The Price

  1. All prices of offered products or services include VAT. The offer cannot contain hidden additional costs such as taxes (VAT), packaging, or shipping costs. If these costs apply, they must be clearly stated in the offer.
  2. The prices of the offered products and/or services will not increase during the validity period of the offer, except for price changes due to changes in VAT rates.
  3. If the prices of products or services are subject to fluctuations in the financial market that the entrepreneur has no influence over, the entrepreneur may offer the product/service at variable prices, provided it is clearly stated in the offer that fluctuations may occur and that the prices are target prices.
  4. Price increases within three months after the conclusion of the agreement are not permitted unless they are the result of legal regulations or provisions.
  5. Price increases after three months following the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and they are the result of legal regulations or provisions, or if the consumer has the option to terminate the agreement at the time of the price increase.

ARTICLE 7 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after the delivery of the goods or, in the case of an agreement for the provision of a service, within 14 days after the documents related to that service are provided.
  2. In the event of non-payment or late payment by the consumer, the entrepreneur may, unless legally restricted, charge the consumer reasonable costs, provided this has been communicated to the consumer in advance.
  3. Any inaccuracies in the payment details provided or mentioned by the consumer must be reported to the entrepreneur immediately.
  4. In general terms and conditions, an advance payment of more than 50% may not be demanded for the sale of products to consumers. Advance payment of more than 50% may be agreed upon. When an advance payment is required, the consumer cannot assert any rights regarding the execution of the order or service in question until the agreed advance payment has been made.

ARTICLE 8 – Right of Withdrawal for Product Deliveries

  1. The consumer has the right to dissolve the agreement without giving reasons within fourteen days from the invoice date of the product by or on behalf of the consumer.
  2. If the consumer wishes to exercise the right of withdrawal, they should only unpack or use the product to the extent necessary to determine whether they wish to keep the product. During this period, the consumer must handle the product and packaging carefully. The consumer must return the product with all accessories and, if reasonably possible, in its original condition and packaging, according to the reasonable and clear instructions provided by the entrepreneur.

 

What is excluded from the right of withdrawal includes:

– Items that show signs of use; – Items that are damaged (including as a result of improper use); – Consumables such as Anti-Slip underlay; – Unstamped and insufficiently stamped packages or packages sent with cash on delivery.

ARTICLE 9 – Right of Withdrawal for Service Deliveries

  1. The consumer has the right to dissolve the agreement without giving reasons within at least fourteen days, starting from the day of concluding the agreement.
  2. To exercise the right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur in the offer and/or before the agreement is concluded.

ARTICLE 10 – Exclusion of Right of Withdrawal

  1. The entrepreneur may exclude the right of withdrawal for the consumer only if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    a. That have been created by the entrepreneur according to the consumer’s specifications;
    b. That are clearly personal in nature;
    c. That cannot be returned due to their nature;
    d. That can spoil or age quickly;
    e. That are single newspapers and magazines;
    f. That are audio and video recordings and computer software of which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    a. Regarding accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
    b. Of which the delivery has begun with the explicit consent of the consumer before the cooling-off period has expired;
    c. Regarding betting and lotteries.

ARTICLE 11 – Delivery and Execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for services.
  2. The place of delivery is the address that the consumer has made known to the company. The entrepreneur will deliver accepted orders promptly, no later than 30 days unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed of this no later than one month after placing the order. In that case, the consumer has the right to dissolve the agreement without cost, and they are entitled to compensation.
  3. In the event of dissolution under the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than thirty days after dissolution.
  4. If delivery of an ordered product turns out to be impossible, the entrepreneur will strive to offer a replacement item. Delivery of a replacement item will be clearly stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal cannot be excluded in the case of replacement items. The costs of return shipment are borne by the entrepreneur.
  5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur unless explicitly agreed otherwise.

ARTICLE 12 – Duration Transactions

  1. The consumer can cancel an indefinite agreement at any time, taking into account the agreed cancellation rules and with a notice period of no more than one month.
  2. The maximum duration of a fixed-term agreement is two years. If it has been agreed that in case of silence from the consumer, the remote agreement will be extended, the agreement will be continued as an indefinite agreement and the notice period after the continuation of the agreement will be no longer than one month.
  3. If the contract has a duration of more than one year, the consumer may cancel the contract after one year with a notice period of no more than one month unless reasonableness and fairness oppose the cancellation before the end of the agreed duration.

ARTICLE 13 – Complaints Procedure

  1. Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
  2. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
  3. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

ARTICLE 14 – Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are governed by Dutch law.
  2. Disputes between the consumer and the entrepreneur about the conclusion or execution of agreements regarding products and services to be supplied or delivered by this entrepreneur may be brought before the competent court in the district of the consumer’s residence, provided that the entrepreneur is domiciled within the European Union and that the dispute falls under the competence of the Dutch courts.

ARTICLE 15 – Additional or Different Provisions

  1. Additional provisions or provisions that differ 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 they can be stored by the consumer in an accessible manner on a durable medium.

 

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