General terms and conditions

1. Definitions

In these general terms and conditions the following terms shall have the following meanings:

• Love & Care by JSM : the company Love & Care by JSM, located in Weesp, registered under Chamber of Commerce number: 62916203;
• Consumer: the person who not  acts in the exercise of a profession or business and enters into a distance contract with Love & Care by JSM;
• Entrepreneur : the person or legal entity who acts in the exercise of a profession or business and enters into an agreement with Love & Care by JSM;
• Customer: the person or company with whom Love & Care by JSM concludes a (purchase) agreement, or the person who placed the order and for whose account the products and/or services are supplied;
• Offer / products: a varied range of products in the field of care products and accessories;
• Agreement : the agreement between Customer and Love & Care by JSM for the delivery of products;
• Distance contract : an agreement whereby a digitally organised system of Love & Care by JSM uses techniques and distance communication for the sale of products and/or services at a distance;
• Website : loveandcarebyjsm.nl, the website of Love & Care by JSM.

2. Applicability of these general terms and conditions

• These general terms and conditions apply to all offers and agreements (at a distance) between the Customer and Love & Care by JSM.
• Before the distance contract is concluded with a Consumer, the text of these general terms and conditions will be made available to the Consumer electronically. If this is not possible due to circumstances, Love & Care by JSM will indicate in what way the general terms and conditions can be viewed (electronically) at Love & Care by JSM and that the general terms and conditions will be sent free of charge (electronically) to the Consumer as soon as possible before the distance contract is concluded.
• Any purchasing or other conditions of the Customer shall not apply unless otherwise agreed in writing.
• The Customer and Love & Care by JSM may only deviate from these general terms and conditions if this has been agreed in writing.
• All persons who work or have worked at, for or on behalf of Love & Care by JSM can invoke these general terms and conditions.

3. Offer

• The offer contains a complete and accurate description of the products offered.
• If Love & Care by JSM uses images, these are a true representation of the products offered.
• Love & Care by JSM cannot be held to its offer if the offer or a part thereof contains an obvious mistake or obvious errors and the Customer could reasonably understand this.
• If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
• All prices of Love & Care by JSM are inclusive of VAT, unless otherwise stated.

4. The Agreement

• The agreement is concluded when the Customer clicks on the “Place order” button during the ordering process on the Website.
• The order is final from the moment the Customer has paid the amount due.
• After receiving the order, Love & Care by JSM will confirm the order electronically to the Customer.
• The agreement can only be executed by Love & Care by JSM if the Customer provides correct and complete contact and address details when placing the order.
• The Customer has the obligation to report any inaccuracies in the address and/or payment details provided or stated to Love & Care by JSM as soon as possible.
• If the delivery of the order is carried out by Love & Care by JSM, Love & Care by JSM may charge delivery costs to the Customer. The current delivery costs are stated on the website before a Customer places an order.

5. Payment via the Website

• At the time the agreement has been concluded in accordance with article 4.1 of these general terms and conditions, the Customer is obliged to pay Love & Care by JSM for the order.
• In the event that the offer is no longer available, Love & Care by JSM will offer the Customer the option to order another product with the same purchase value.
• Reversing an online payment is only possible if the order (partially) cannot be delivered. The reversal always takes place on the same account from which the payment was made. Depending on the payment method chosen by the Customer, the processing of this will take a maximum of 14 days.

6. Payment of invoices

• In the event that an order is paid by means of an invoice, the payment term is 14 days after the invoice date, unless the parties have made other arrangements or a different term is stated on the invoice.
• Parties may agree that an amount will be paid by means of installments.
• In the event that the Customer fails to pay the invoice on time, the Customer shall be in default and shall owe statutory interest. The interest on the amount due shall be calculated from the date of default until the date of full payment of the amount due.
• In the event that the Customer is in default of payment of the outstanding amounts, the Customer shall owe Love & Care by JSM extrajudicial (collection) costs, whereby the following applies:

1. 1. In the event that the Customer is a Consumer, Love & Care by JSM is entitled to an amount equal to the legally permitted compensation for extrajudicial (collection) costs, as determined in the Decree on compensation for extrajudicial collection costs. This applies insofar as the outstanding amount – after the default has occurred – is not paid within 14 days after receiving a written reminder. The term commences from the date of the reminder.
   2. In the event that the Customer is an Entrepreneur, Love & Care by JSM is entitled to compensation for the extrajudicial (collection) costs. The costs will, in deviation from article 6:96 paragraph 4 BW and in deviation from the Decree on compensation for extrajudicial collection costs, be set at an amount equal to 15% of the total outstanding principal sum with a minimum of €75.00 for each partially or fully unpaid invoice.

7. Delivery and execution

• Love & Care by JSM will take the greatest possible care when receiving and executing orders for products.
• The place of delivery is the address that the Customer has made known to Love & Care by JSM.
• Love & Care by JSM will execute accepted orders with due speed, but at the latest within 14 days, unless a different delivery period has been agreed.
• If delivery is delayed or if an order cannot be fulfilled, or can only be fulfilled in part, the Customer will be notified of this no later than 30 days after placing the order. In that case, the Customer has the right to terminate the agreement without charge.
• After dissolution in accordance with the previous paragraph, Love & Care by JSM will refund the amount paid by the Customer as soon as possible.
• The risk of loss of products rests with Love & Care by JSM until the moment of delivery to the Customer, unless expressly agreed otherwise.

8. Right of withdrawal for consumers

1. Use of the right of withdrawal
   • The Consumer can cancel an agreement regarding the purchase of a product during a reflection period of 14 days without giving any reason.
   • Love & Care by JSM may ask the Consumer for the reason for cancellation, but may not oblige the Consumer to state his reason(s).
   • The cooling-off period referred to in paragraph 1 commences on the day after the Consumer has received the product, or:

1. 1. 1. if the Consumer has ordered multiple products in the same order: the day on which the Consumer, or a third party designated by the Consumer, has received the last product. Love & Care by JSM may refuse an order for multiple products with different delivery times, provided that it has clearly informed the Consumer of this prior to the ordering process.
      2. if the delivery of a product consists of different shipments or parts: the day on which the Consumer, or a third party designated by him, has received the last shipment or the last part;
      3. in the case of agreements for regular delivery of products during a specific period: the day on which the Consumer, or a third party designated by the Consumer, has received the first product.

• During the cooling-off period, the Consumer will handle the product and packaging with care. He will only unpack the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the Consumer may only handle and inspect the product as he would be allowed to do in a shop.
• If the Consumer exercises his right of withdrawal, he reports this in writing by email to Love & Care by JSM within the cooling-off period. The Consumer can exercise the right of withdrawal by using the withdrawal form in Appendix A.
• As soon as possible, but within 14 days from the day following the notification referred to in paragraph 5, the Consumer shall return the product in accordance with the reasonable and clear instructions provided by Love & Care by JSM.
• The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
• If Love & Care by JSM makes it possible for the Consumer to notify the withdrawal electronically, it will immediately send a confirmation of receipt after receiving this notification.
• Love & Care by JSM will reimburse all payments made by the Consumer, excluding any delivery costs charged by Love & Care by JSM for the returned product. Love & Care by JSM may wait with reimbursement until it has received the product or until the Consumer demonstrates that he has returned the product. In any case, the amount will be reimbursed within 14 days after receipt of proof of shipment or after receipt of the product.
• Love & Care by JSM uses the same payment method for reimbursement that the Consumer used, unless the Consumer agrees to another method. The reimbursement is free of charge for the Consumer.

1. Exclusion of the right of withdrawal

• The right of withdrawal expires when:

1. 1. the Customer has opened the product and the seal of the product has been broken. In that case, Love & Care by JSM can no longer take the product back for hygienic reasons;
   2. If it concerns a personalized product.

9. Cancellation of the order

• Love & Care by JSM has the right to cancel the order if:

1. 1. the offer is no longer available;
   2. the Customer has provided an incorrect or unreachable telephone number or other contact details;
   3. in the event of force majeure as described in article 10 of these general terms and conditions.

• If the Customer places an invalid order, for example by: providing incorrect contact details, not paying or not being present at the delivery location to receive the order, or otherwise failing to meet its obligations under the agreement, Love & Care by JSM may decide to refuse future orders from the Customer in question.
• The Customer who places an order as an Entrepreneur can cancel or change the agreement within 24 hours after placing the order. In that case, Love & Care by JSM can refund the excess payment to the Customer. After 24 hours, the order is final and the right to cancel or change expires.

10. Force Majeure

• In the event of force majeure, Love & Care by JSM will notify the Customer as soon as possible or have this notified, and Love & Care by JSM will have the right to terminate the agreement.
• Force majeure occurs, among other things, when the performance of the agreement is not possible due to unforeseen circumstances over which Love & Care by JSM cannot reasonably exercise any influence, such as but not limited to the following cases: internet and power failure, disruption of mail traffic, computer hacking or hacker attack, delay in performance or delivery by its suppliers, government measures, theft, fire, business disruption, illness, accidents, terrorism, epidemics, pandemics, war situations, weather conditions, natural disasters or personal family circumstances of the natural person working on behalf of Love & Care by JSM.
• If it is established that Love & Care by JSM cannot fulfil the agreement for 2 months due to force majeure, the Customer has the right to terminate the agreement by means of a written statement.

11. Liability

• Love & Care by JSM excludes any liability for damage or loss, unless the Customer can demonstrate intent or gross negligence by Love & Care by JSM or one of its responsible employees.
• All liability of Love & Care by JSM for indirect damage, including consequential damage, lost profit, missed savings, damage due to business stagnation is excluded at all times.
• Love & Care by JSM is not liable for the delivery of products to an incorrect address if the Customer has provided incorrect contact and address details and the incorrectness thereof has not been communicated (in a timely manner) to Love & Care by JSM.
• If Love & Care by JSM offers products for delivery to the Customer, but the Customer does not accept these items for reasons that cannot be attributed to Love & Care by JSM, damage due to total or partial loss of those products will be at the Customer's risk from the moment of offer.
• All claims of the Customer shall expire one (1) year after they arise and if they have not been submitted to Love & Care by JSM.

12. Complaints

• If the Customer has any complaints about the quality of the product, he must inform Love & Care by JSM of this as soon as possible. This can be done via the email address info@loveandcarebyjsm.nl. Love & Care by JSM must be given the opportunity to investigate the grounds for the complaint and, if possible, to remedy it.
• Love & Care by JSM aims to respond to complaints within 5 working days.
• If Love & Care by JSM finds the complaint to be justified, Love & Care by JSM will give the Customer the opportunity to purchase a new product free of charge with the same value as the product that was initially purchased or refund the amount paid.
• A complaint that is not filed within a reasonable time will by definition be declared unfounded.

13. Applicable law and disputes

• All agreements between the Customer and Love & Care by JSM to which these general terms and conditions apply are governed by Dutch law.
• All disputes relating to agreements between the Customer and Love & Care by JSM to which these general terms and conditions apply shall be settled by the competent court of the place of business of Love & Care by JSM, unless the law provides otherwise.
• Notwithstanding the provisions of paragraph 2, the Customer and Love & Care by JSM may opt for a different method of dispute resolution.

14. Entry into force

These Terms and Conditions shall enter into force on 1 June 2023.

APPENDIX A: Withdrawal form

Explanation for use

By law, you have a right of withdrawal: you may return ordered items within a period of 14 days. This period commences at the moment that all items from the order have been delivered. With the model form below, you can indicate that you are exercising your right of withdrawal. Completing this form is not necessary to exercise your right of withdrawal. Returning the items with only a (copy of) the invoice is also possible.

The shipping costs for returns are at the expense of the consumer.

Return to:

Love & Care by JSM
Chocolate Road 6
1381 DA Weesp

Email: info@loveandcarebyjsm.nl

I hereby inform Love & Care by JSM that I revoke our agreement regarding the sale of the following article(s) with the following article number(s):