General Terms and Conditions

                                          General Terms and Conditions:

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer can exercise the right of withdrawal.

  • 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 related to a series of products and/or services, the delivery and/or procurement obligation of which is spread over time.

  • Durable data carrier: any medium that enables the consumer or entrepreneur to store information addressed to them personally in such a way that future consultation and unchanged reproduction of the stored information is possible.

  • Right of withdrawal: the ability of the consumer to cancel the distance contract within the cooling-off period.

  • Entrepreneur: the natural or legal person offering products and/or services remotely to consumers.

  • Distance contract: a contract in which, in the context of a system organized by the entrepreneur for the remote sale of products and/or services, one or more means of communication are exclusively used for concluding the contract.

  • Means of remote communication: a medium that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same place.

  • General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

  • Business name: J&M Online Fashion

  • Chamber of Commerce number:

  • VAT number: NL867768046B01

  • Customer service email: luxamode@gmail.com

Article 3 – Applicability

These general terms and conditions apply to all offers made by the entrepreneur and to every concluded distance contract and order between the entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s office and that they will be sent to the consumer free of charge as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions can, in deviation from the previous paragraph, be made available electronically in such a way that the consumer can easily store it on a durable data carrier.

If this is reasonably not 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 electronically or otherwise upon request.

In case of conflict between these general terms and conditions and specific product or service terms, the consumer may always invoke the provision that is most favorable to them.

If one or more provisions of these general terms and conditions are completely or partially voided or annulled, the contract and these terms will remain in effect, and the relevant provision will be replaced by a provision that closely matches the original intent as much as possible.

Situations not covered by these general terms and conditions will be assessed in the spirit of these terms and conditions.

Ambiguities regarding the explanation or content of one or more provisions of these terms and conditions will be explained in the spirit of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be clearly stated in the offer.

The offer is non-binding. The entrepreneur has the right to change and adjust the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make an informed judgment about the offer. If the entrepreneur uses images, these will be an accurate representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot serve as the basis for claims for compensation or cancellation of the contract.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information such that the consumer understands what rights and obligations are associated with the acceptance of the offer. This includes in particular:

  • The price, excluding customs clearance costs and VAT.

  • The possible shipping costs.

  • The manner in which the agreement will be concluded and which actions are required.

  • Whether or not the right of withdrawal applies.

  • The method of payment, delivery, and execution of the agreement.

  • The period during which the offer can be accepted, or the period during which the entrepreneur guarantees the price.

  • The rate for remote communication if the communication method costs more than the normal base rate.

  • Whether the contract will be archived after conclusion, and if so, how it can be accessed by the consumer.

  • How the consumer can verify and correct the information provided before concluding the contract.

  • Any other languages in which the agreement can be concluded, besides Dutch.

  • The codes of conduct the entrepreneur adheres to, and how the consumer can consult these codes electronically.

  • The minimum duration of the agreement in the case of a continuous transaction.

  • Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions set out.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm the receipt of the acceptance by electronic means. Until the receipt of this acceptance is confirmed by the entrepreneur, the consumer can cancel 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 provide a secure web environment. If the consumer can pay electronically, the entrepreneur will ensure appropriate security measures.

The entrepreneur can, within legal limits, check whether the consumer can fulfill their payment obligations, as well as the facts and factors that are important for responsibly entering into the distance agreement. If the entrepreneur has valid reasons to believe the agreement should not be entered into, they are entitled to refuse the order or impose special conditions.

The entrepreneur will send the following information to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

  1. The business address of the entrepreneur where the consumer can go for complaints.

  2. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear indication that the right of withdrawal is excluded.

  3. Information about guarantees and after-sales service.

  4. The information mentioned in Article 4, paragraph 3, unless the entrepreneur has already provided this information to the consumer before executing the agreement.

  5. The requirements for terminating the agreement if it lasts more than one year or is of indefinite duration.

In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.

Every agreement is concluded under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the possibility to cancel the agreement without providing a reason within 14 days. This cooling-off period starts the day after the consumer has received the product or a representative designated by the consumer.

During the cooling-off period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they wish to exercise their right of withdrawal, they must return the product with all delivered accessories, and, if reasonably possible, in its original state and packaging, following the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. This notification must be made in writing or via email. After notifying the entrepreneur of their intention to withdraw, the consumer must return the product within 14 days. The consumer must provide proof that the goods have been returned on time, for example, by providing proof of shipment.

If the consumer does not notify the entrepreneur of their intention to withdraw or return the product within the mentioned periods, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer uses their right of withdrawal, the costs of returning the products are at the consumer's expense. To keep prices low and to buy products directly from the manufacturer, returns are processed through the international warehouse.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has been received by the entrepreneur or proof of the complete return has been provided.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in time before the agreement is concluded.

Exclusion of the right of withdrawal is possible for products:

  1. Made according to the consumer's specifications.

  2. Clearly of a personal nature.

  3. Which cannot be returned due to their nature.

  4. That can spoil or age quickly.

  5. Whose price is linked to fluctuations in the financial market beyond the entrepreneur's control.

  6. For single newspapers and magazines.

  7. For audio and video recordings and computer software whose seal has been broken by the consumer.

  8. For hygienic products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is possible for services:

  1. Concerning accommodation, transport, restaurant services, or leisure activities to be provided on a specific date or during a specific period.

  2. Where the delivery has started with the consumer's express consent before the cooling-off period has expired.

  3. Concerning betting and lotteries.

Article 9 – Price

During the validity period mentioned in the offer, the prices of the offered products and/or services will not increase, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and beyond the entrepreneur’s control, at variable prices. This dependence on fluctuations and the fact that any prices mentioned are indicative, will be indicated in the offer.

Price increases within 3 months after the agreement is concluded are only allowed if they are due to legal regulations or provisions.

Price increases after 3 months are only allowed if the entrepreneur has agreed to this, and:

  1. They are due to legal regulations or provisions; or

  2. The consumer has the right to cancel the agreement when the price increase takes effect.

The place of delivery is based on Article 5, first paragraph of the Dutch VAT Act of 1968, where the delivery takes place in the country where the transport begins. In this case, the delivery is outside the EU. Therefore, the post or courier service will collect import VAT and customs clearance fees from the recipient of the goods. Consequently, the entrepreneur will not charge VAT.

All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing and typographical errors. In case of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications listed in the offer, reasonable requirements of soundness and/or usability, and the relevant laws and/or government regulations in effect on the date of the agreement.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims they may have against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The guarantee period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer or for any advice regarding the use or application of the products.

The guarantee does not apply if:

  • The consumer has repaired or altered the products themselves or had them repaired or altered by third parties.

  • The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or in violation of the entrepreneur’s instructions.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care in receiving and executing orders for products.

The place of delivery is the address provided by the consumer to the business.

Subject to the provisions in Article 4 of these terms and conditions, the business will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order can only be partially executed, the consumer will be informed within 30 days of placing the order.

In that case, the consumer has the right to cancel the agreement


Article 12 – Duration Transactions: Duration, Termination, and Extension

Termination
The consumer may terminate an agreement concluded for an indefinite period, which involves the regular delivery of products (including electricity) or services, at any time, following the agreed termination rules and a notice period of no more than one month.
The consumer may also terminate an agreement concluded for a definite period, which involves the regular delivery of products (including electricity) or services, at any time before the end of the agreed period, following the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements mentioned in the previous sections:

  • At any time, without being limited to termination at a specific time or within a specific period;

  • At least in the same manner as the agreement was entered into;

  • Always with the same notice period as agreed by the entrepreneur for themselves.

Extension
An agreement concluded for a definite period that involves the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
However, an agreement concluded for a definite period that involves the regular delivery of daily, news, and weekly newspapers or magazines may be tacitly extended for a period of up to three months, provided the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement concluded for a definite period that involves the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement involves the regular delivery of daily, news, and weekly newspapers or magazines, but less than once a month.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly extended and will automatically end after the trial or introductory period.

Duration
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 fairness and reasonableness oppose termination before the end of the agreed duration.

Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6(1). In case of an agreement for the provision of services, this period starts after the consumer receives the confirmation of the agreement.
The consumer is obliged to immediately report any inaccuracies in the provided or indicated payment details to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right to charge the reasonable costs that were made known to the consumer in advance, subject to legal restrictions.

Article 14 – Complaints Procedure
Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has noticed the defects.
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 an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
If the complaint cannot be resolved through mutual consultation, a dispute arises, which is subject to the dispute resolution procedure.
A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
If the complaint is found to be valid by the entrepreneur, they will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This is also the case if the consumer resides abroad.

Article 16 – CESOP
Due to the measures introduced and tightened in 2024 concerning the "Amendment of the 1968 VAT Act (Implementation of the Payment Services Providers Directive)" and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.

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