Terms and conditions

Shopjemooi is a member of WebwinkelKeur. You can check whether a webshop has a current membership at webwinkelkeur.nl/ledenlijst. The model withdrawal form can be found in Annex 1 and on our Return policy page.

Article 1: The Webshop

1.1 These are the general terms and conditions of:

Shopjemooi
A: J. Homan van der Heideplein 68, 3604 DK Maarssen, the Netherlands
T: +31 346 821 118
E: info@shopjemooi.nl
Chamber of Commerce (KVK): 77017072
VAT: NL003157686B56

1.2 To keep these terms understandable, the following terms have a fixed meaning:

• Consumer: the Customer who acts for purposes outside their trade, business or profession;
• Right of withdrawal: the right of a Consumer to dissolve a distance contract or an off-premises contract without giving any reason, as referred to in Article 6:230o of the Dutch Civil Code;
• Customer: anyone (including legal entities) who enters into an Agreement with the Webshop;
• Agreement: every contractual relationship between the Webshop and the Customer;
• Webshop: the party named in Article 1.1.

1.3 In these general terms and conditions, the Webshop and the Customer are jointly referred to as "We" or "Us". The terms "You" and "Your" refer to the Customer.

Article 2: Applicability

2.1 These general terms and conditions apply to every offer of the Webshop and to every Agreement between You and the Webshop. General terms and conditions that You use yourself do not apply, unless the Webshop has confirmed this to You expressly and in writing.

2.2 If any provision in these general terms and conditions is void or voidable, all other provisions remain in force. In that case We will jointly make new arrangements to replace the void or voidable provisions. The purpose of the new provision(s) must resemble the purpose of the original provision(s) as closely as possible.

Article 3: Offers

3.1 Every offer of the Webshop is without obligation and can be accepted by You within the period stated in the offer. If You do not do so, the offer lapses. If no period is stated, a period of 14 days applies. It is not possible to accept or reject only part of an offer of the Webshop. In that case too, the (entire) offer lapses.

3.2 The Webshop ensures that an offer accurately and completely describes the products and/or (digital) content and services to which the offer relates. If the offer contains graphic elements (such as images or videos), these give a truthful representation of those products and/or (digital) content and services.

3.3 If an offer contains an obvious mistake or error (such as a typing or calculation error), the Webshop is not bound by the offer.

Article 4: Performance of the Agreement and delivery

4.1 You have an Agreement with the Webshop from the moment You have accepted the Webshop's offer and have met the requirements stated by the Webshop. You will receive a confirmation from the Webshop within a reasonable period after the Agreement has been concluded, in any case upon delivery of the goods or before the service is performed. This confirmation contains:

• all information referred to in Article 6:230m(1) of the Dutch Civil Code, unless You have already received it from the Webshop on a durable data carrier before the Agreement was concluded; and
• where applicable: the confirmation of the express prior consent and the declaration referred to in Article 6:230p(g) of the Dutch Civil Code.

As long as You have not yet received the confirmation referred to above, You may dissolve the Agreement.

4.2 The Webshop does its best to perform the Agreement as carefully and quickly as possible and to deliver the orders You have placed as soon as possible. The Webshop does so in any case within 30 days after the Agreement has been concluded, unless a different delivery period has been agreed. If the Webshop does not manage to deliver within that period, You may dissolve the Agreement.

4.3 Deliveries are made to the address You have provided to the Webshop. The Webshop delivers in the Netherlands, Belgium, Germany and France. If the address provided is in a country to which the Webshop does not ship, the Webshop has the right to refuse Your order.

4.4 The Webshop carefully determines who within its organisation is designated to perform the Agreement. The Webshop may also engage third parties for this purpose, such as subcontractors and/or auxiliary persons. The Webshop informs You in advance of the party it engages to deliver the ordered products. If products are lost or damaged during delivery, this is at the risk of the Webshop, unless You have expressly agreed otherwise with the Webshop.

4.5 You must provide the Webshop in good time with all information that the Webshop has indicated is necessary for the performance of the Agreement, or that You should reasonably understand to be necessary. If You fail to do so, the Webshop may, among other things, suspend the performance of the Agreement. In addition to the right to suspend the Agreement, the Webshop may (continue to) exercise any other rights it has.

Article 5: Prices

5.1 Are You a Consumer? Then prices and rates stated by the Webshop include surcharges, levies and taxes (such as VAT) and additional costs (such as any shipping and administration costs). If You are not a Consumer, prices are in principle stated excluding VAT and other levies, unless expressly stated otherwise with the price.

5.2 The Webshop may offer products and/or services whose price is tied to fluctuations on the financial market(s) over which the Webshop has no influence at variable prices. The Webshop will then state this clearly with the price.

5.3 The Webshop has the right to implement price changes within 3 months after the Agreement has been concluded, insofar as these result from a change in laws and regulations. If more than 3 months have passed since the Agreement was concluded, the Webshop also has the right to pass on increases in delivery, transport, shipping, call-out and administration costs to You.

5.4 If You are a Consumer, You have the right to dissolve the Agreement in the event of the price increases referred to in Article 5.3. If You are not a Consumer, You only have the right to dissolve the Agreement if the increase exceeds 5% of the agreed total price, unless the Webshop offers to bear the price difference (insofar as it exceeds the 5%).

Article 6: Payment

6.1 You must pay the Webshop's invoices within 14 days after the Agreement has been concluded, unless You have agreed otherwise with the Webshop, for example by choosing immediate payment or pay later at checkout. Are You a Consumer? Then by law the Webshop may not oblige You to pay more than 50% of the price in advance.

6.2 If You are a Consumer, You are only in default with Your payment obligations once the Webshop has given You notice of default and a reasonable period of at least 14 days (starting on the day after receipt of the notice of default) to still meet Your payment obligations, and You have not paid within that 14-day period either. In that case You also owe statutory interest and compensation for extrajudicial collection costs. The extrajudicial collection costs amount to (with a minimum of €40):

• 15% on outstanding amounts up to €2,500;
• 10% on the next €2,500;
• 5% on the next €5,000;
• 1% on the next €190,000;
• 0.5% on the remainder.

6.3 If You are not a Consumer, You may not set off, suspend and/or reduce payments to the Webshop, and You are in default immediately if You do not make a payment to the Webshop on time. In that case the Webshop also has the right to charge the statutory commercial interest from the due date of the invoice until the day You have paid in full, without first having to demand payment or give notice of default. The Webshop may also (continue to) exercise all its other rights against You.

6.4 Payments You make are first deducted from interest and costs owed and then from the payable invoices that have been outstanding the longest.

6.5 In the event of liquidation, dissolution, bankruptcy or suspension of payments of the Customer, and if the Customer loses the free management or disposal of its assets in whole or in part, the (payment) obligations of the Customer become immediately due and payable.

Article 7: Warranties

7.1 The Webshop ensures that the products and/or services it delivers to You comply with the Agreement. This means, among other things, that those products and/or services meet what You could reasonably expect based on the type of item and the statements the Webshop has made about it, for example with regard to quantities, size and/or weight of a product. The products and/or services the Webshop delivers to You also comply with the laws and regulations in force at the time the Agreement is concluded. If You are not a Consumer, the Webshop may make different or additional arrangements with You.

7.2 If You are a Consumer, any additional warranties the Webshop has given You never limit the statutory rights of consumers. You can therefore always exercise Your statutory (consumer) rights.

7.3 Did You receive a wrong or damaged product? Please report this as soon as possible, preferably within two months of discovery, via info@shopjemooi.nl. The cost of returning a wrong or damaged delivered product is borne by the Webshop.

Article 8: Intellectual property rights

8.1 The intellectual property rights, including the copyrights to all offers, designs, images, drawings and models that the Webshop provides to You, remain with the Webshop, unless the Webshop has expressly agreed otherwise with You in writing. Documents, data and materials that the Webshop provides to You are also intended solely for Your use as a Customer and may not be reproduced, made public or disclosed to third parties without the prior written consent of the Webshop, unless the nature of those documents, data and materials dictates otherwise.

Article 9: Right of withdrawal

9.1 If You are a Consumer and there is a distance contract or an off-premises contract (as referred to in Article 6:230g of the Dutch Civil Code), You can exercise the Right of withdrawal. This means that You can dissolve the Agreement without giving any reason within a period of 14 days. That period of 14 days starts at the following moments:

a. For an Agreement relating to the purchase of a movable item: on the day on which You or a third party designated by You (other than the carrier) has received the product, unless:

• the same order consists of several items delivered separately, or the delivery consists of several shipments or parts. In that case the day on which the last item, shipment or part has been received by You or a third party designated by You (other than the carrier) applies;
• the Agreement concerns the regular delivery of products during a certain period. In that case the day on which the first item has been received by You or a third party designated by You (other than the carrier) applies.

b. For an Agreement for the provision of services: on the day on which the Agreement was concluded.

c. For an Agreement for the supply of water, gas or electricity not put up for sale in a limited volume or set quantity, of district heating or of digital content other than on a tangible medium: on the day on which the Agreement was concluded.

9.2 To exercise the Right of withdrawal, You must inform the Webshop by means of an unambiguous statement that You are exercising the Right of withdrawal. You can do so via the withdrawal function in Your customer account at account.shopjemooi.nl, by email at info@shopjemooi.nl, or with the withdrawal form You receive from the Webshop. The withdrawal form can also be found as an annex to these general terms and conditions and on the Return policy page. You must send the statement before the period referred to in Article 9.1 has expired.

9.3 If You have not yet received the withdrawal form from the Webshop, the 14-day period referred to in paragraph 1 of this article is extended until the moment You (still) receive the withdrawal form, but by no more than twelve months.

9.4 If You exercise the Right of withdrawal, You must:

• handle the items received and their packaging with care. You may only unpack or use those items (products) to the extent necessary to establish the nature, characteristics and functioning of the item. If You handle the item in any other way, You are liable for any diminished value of the item caused as a result, unless the Webshop has not provided You with all legally required information about the Right of withdrawal before or when concluding the Agreement;
• return the item (the product) to the Webshop within 14 days, counting from the day after the day on which You made the statement referred to in Article 9.2. The direct costs of returning an item are at Your expense, but only if the Webshop informed You of this before the Agreement was concluded. The Webshop hereby informs You that these costs are at Your expense, except in the case of a wrong or damaged delivered product (see Article 7.3);
• return the item as far as possible with all supplied accessories, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Webshop.

9.5 If You exercise the Right of withdrawal, the Agreement is dissolved. This also applies to any ancillary Agreements. In that case the Webshop will refund the payments You have made to the Webshop. If You withdraw from the entire order, the Webshop also refunds the standard delivery costs. If You withdraw from part of the order, the delivery costs are not refunded. The Webshop refunds in any case within 14 days of the day on which You made the statement referred to in Article 9.2, provided that the item has been returned in good order or You have shown that the item has been sent back.

9.6 You bear the risk and the burden of proof for exercising the Right of withdrawal correctly and on time.

Article 10: Exclusion of the right of withdrawal

10.1 If You are not a Consumer, You cannot exercise the Right of withdrawal, even if You have received a withdrawal form.

10.2 If You are a Consumer, You cannot, by way of derogation from Article 9, exercise the Right of withdrawal if the Webshop has excluded the Right of withdrawal, the Webshop clearly informed You of this exclusion before the Agreement was concluded, and the excluded Right of withdrawal relates to:

• an Agreement in which the price of the goods or services depends on fluctuations on the financial markets over which the Webshop has no influence and which may occur within the withdrawal period;
• an Agreement in which You have specifically requested the Webshop to visit You to carry out urgent repairs or maintenance, with the exception of additional services You did not expressly request and the supply of goods other than those necessary to carry out the maintenance or repairs;
• an Agreement concluded at a public auction;
• an Agreement for the provision of services, after full performance of the Agreement, and insofar as the Agreement imposes a payment obligation on You, if performance has begun with Your express prior consent and You have declared that You waive the Right of withdrawal once the Webshop has fully performed the Agreement;
• an Agreement for the provision of accommodation other than for residential purposes, goods transport, car rental services, catering or leisure services, if the Agreement provides for a specific date or period of performance;
• a consumer sale (as referred to in Article 7:5(1) of the Dutch Civil Code) relating to:
  • the supply of goods made to Your specifications, which are not prefabricated and are made on the basis of Your individual choice or decision, or which are clearly intended for a specific person;
  • the supply of goods that spoil quickly or have a limited shelf life;
  • the supply of goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery (for example sealed cosmetics);
  • the supply of goods that, by their nature, are inseparably mixed with other items after delivery;
  • the supply of alcoholic beverages whose price was agreed upon at the conclusion of the consumer sale, but whose delivery can only take place after thirty days and whose actual value depends on market fluctuations over which the Webshop has no influence;
  • the supply of sealed audio or video recordings or computer software whose seal has been broken after delivery;
  • the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;
• an agreement for the supply of digital content not supplied on a tangible medium, insofar as performance has begun and the Agreement imposes a payment obligation on You, if performance has begun with Your express prior consent, You have declared that You thereby waive the Right of withdrawal, and the Webshop has provided a confirmation as referred to in Article 6:230t(2) or Article 6:230v(7) of the Dutch Civil Code.

Article 11: Termination

11.1 If the Agreement can be terminated, termination must take place in accordance with the termination rules and notice period agreed between You and the Webshop.

11.2 If You are a Consumer, the following rules and periods apply to termination. The Webshop may not deviate from these to Your detriment as a Consumer:

• If the Agreement has been concluded for an indefinite period and concerns the regular supply of goods, including electricity, heating and cooling, or the regular performance of services, You have the right to terminate the Agreement at any time.
• If the Agreement has been concluded for a fixed period and concerns the regular supply of goods, including electricity, heating and cooling, or the regular performance of services, You have the right to terminate the Agreement at the end of the (fixed) term. If that Agreement has been tacitly renewed, You may terminate it at any time.
• The notice period is at most one month, unless the Agreement concerns the regular supply of periodicals, daily, news and/or weekly papers delivered less than once a month. In that case the notice period is at most three months.
• If the Agreement has been concluded for a fixed period and concerns the regular supply of goods, including electricity, heating and cooling, or the regular performance of services, it may not be tacitly extended or renewed for a fixed period, unless the Agreement concerns the regular supply of periodicals, daily, news and/or weekly papers. In the latter case the Agreement may be tacitly extended for a fixed period of at most three months and You have the right to terminate it at the end of the extension with a notice period of at most one month.
• An Agreement for the supply of periodicals, daily, news and/or weekly papers that has a limited term and is intended as an introduction (a trial subscription) is not tacitly continued and ends automatically (without termination) at the end of the trial period.
• You may terminate any Agreement lasting longer than one year at any time after the first year, unless reasonableness and fairness oppose termination before the end of the agreed term.

11.3 If You are not a Consumer, You may only terminate the Agreement if this has been expressly provided for in the Agreement and in accordance with the termination rules and notice periods stipulated therein.

Article 12: Personal data

12.1 The Webshop only processes personal data in accordance with applicable laws and regulations. This means, among other things, that:

• the Webshop only processes personal data insofar as that processing can be based on one of the legal grounds in Article 6 of the General Data Protection Regulation (GDPR);
• the Webshop takes appropriate technical and organisational measures to properly secure the personal data it processes;
• the Webshop only shares personal data with third parties if this is compatible with the purpose for which the data was collected and if all (other) legal requirements for sharing personal data are met;
• personal data is not kept longer than necessary for the purposes for which it was collected, unless the Webshop is legally obliged to keep the data longer;
• You have, among other things, the right to access, correct and have Your personal data deleted, to have the processing restricted, to object to processing or, where applicable, to data portability.

More information can be found in our privacy policy.

Article 13: Complaints

13.1 The Webshop has a clear complaints procedure and handles every complaint in accordance with this procedure.

13.2 If You have a complaint about the performance of the Agreement, You must submit it to the Webshop, fully and clearly described, within two months after You discovered the defect.

13.3 The Webshop responds as far as possible within 14 days of receiving the complaint. If a complaint requires a longer processing time, You will receive an acknowledgement of receipt within those 14 days, including at least an indication of when You can expect a more detailed answer.

13.4 In the event of complaints, You must always contact the Webshop first and investigate whether the Webshop can offer You a suitable solution. The Webshop is a member of WebwinkelKeur. If We cannot resolve the matter together, You can turn to WebwinkelKeur (www.webwinkelkeur.nl), which mediates free of charge. You can check whether the Webshop has a current membership at webwinkelkeur.nl/ledenlijst.

13.5 If mediation by WebwinkelKeur does not lead to a solution, You can also submit the complaint to the independent disputes committee appointed by WebwinkelKeur. If You choose to do so, costs may be charged to You.

Article 14: Applicable law and choice of forum

14.1 Dutch law applies to the Agreement. If You are a Consumer living outside the Netherlands, You retain the protection afforded to You by the mandatory provisions of the law of the country where You live.

14.2 In addition to the complaints procedure described in Article 13, You can submit disputes to the court. In those cases the court of the district in which the Webshop is established has jurisdiction to hear the dispute, to the exclusion of other competent courts and arbitration, unless a court in another place has jurisdiction on the basis of a mandatory provision.

Annex 1: Model withdrawal form

Only complete and return this form if You wish to withdraw from the Agreement.

• To: Shopjemooi, J. Homan van der Heideplein 68, 3604 DK Maarssen, the Netherlands, info@shopjemooi.nl
• I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods/for the provision of the following service (*):
• Ordered on (*)/received on (*):
• Order number:
• Name of consumer(s):
• Address of consumer(s):
• Signature of consumer(s) (only if this form is submitted on paper):
• Date:

(*) Delete as appropriate.