ARTICLE 1 Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
Entrepreneur: the natural of legal person providing distance products and/or services to consumers;
Consumer: the natural person not acting in the exercise of his/her profession or business and entering into a distance contract with the entrepreneur;
Distance Contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication within the scope of the system organised by the Entrepreneur for distance sale of products and/or services;
Technology for distance communication: a means to be used for concluding an agreement, without the consumer and the entrepreneur being together in the same place at the same time.
Cooling-off period: the period during which the Consumer may exercise the right of withdrawal;
Right of withdrawal: the option for Consumers to withdraw from the distance contract within the cooling-off period;
Day: calendar day;
Continuing performance contract: a distance contract concerning a series of products and/or services, for which the offer and/or purchasing obligation is spread over a longer period;
Long-term data carrier: any means that allow the Consumer or the Entrepreneur to store information directed to him/her personally in a way to make future consultation and unaltered reproduction of the stored information possible.
ARTICLE 2 The entrepreneur's identity
Cult89 operating as: Juleye
Established in: Groningerweg 23, 9321 TA Peize
Phone: +31(0)6 -34024130 To be reached: From monday till friday 10:00 till 17:00 our
Chamber of commerce number: 55035329
Tax-identification number: NL002198646B65
ARTICLE 3 Applicability
1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
2. Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available to the Consumer. If this is reasonably not possible, the Entrepreneur, before concluding the distance contract, shall notify that the General Terms and Conditions can be inspected at the EntrepreneurÂ´s and that, at the ConsumerÂ´s request, they will be sent to the Consumer free of charge as soon as possible.
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 before concluding the distance contract, and that they will be delivered at the ConsumerÂ´s request free of charge, either via electronic means or otherwise;
4. If in addition to these General Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of contradictory General 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 and/or services offered. The description is suitably detailed to enable the Consumer to assess the products and/or services adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer are not binding for the Entrepreneur.
3. All offers contain such information that it is clear to the Consumer what rights and duties are attached to accepting the offer.
This involves 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, the Entrepreneur shall promptly confirm the receipt of the acceptance of 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, the Entrepreneur 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, the Entrepreneur shall observe appropriate security measures.
4. The Entrepreneur may, within the limits of the law, gather information about Consumerâ€™s ability to fulfil his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the implementation.
5. The Entrepreneur shall send the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier:
a. the visiting address of the EntrepreneurÂ´s business establishment where the Consumer may get into contact for any complaints;
b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;
c. the information corresponding to existing after-sales services and guarantees;
d. the information as stated in article 4 paragraph 3 of these Terms and Conditions, unless the Entrepreneur has already provided the Consumer with this information before the performance of the contract;
e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
6. If the Entrepreneur has undertaken to deliver a series of products or services, the stipulation in the previous paragraph applies to the first delivery only.
ARTICLE 6 Right of withdrawal
When delivering products:
1. When purchasing products, the Consumer has the option to repudiate the contract without specifying any reasons for a period of at least 14 days. This period starts on the day the product is received by or on behalf of the Consumer.
2. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary to judge whether he or she wishes to keep the product. If wishing to exercise the right of withdrawal, the Consumer shall return the product with all delivered accessories and, as far as reasonably possible, in the original condition and packaging to the Entrepreneur in conformity with the EntrepreneurÂ´s reasonable and clear instructions.
ARTICLE 7 Costs in case of withdrawal
1. Should the Consumer exercise the right of withdrawal, only the returning costs are at the ConsumerÂ´s expense.
2. If the Consumer has made a payment, the Entrepreneur shall return this amount as soon as possible, but within not more than 30 days after the return or withdrawal.
ARTICLE 8 Exclusion of the right of withdrawal
1. If the Consumer does not have the right of withdrawal, the Entrepreneur can exclude this right only if the Entrepreneur indicated this clearly in the offer or at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:
a. that were realised according to the Consumerâ€™s specifications;
b. that are obviously personal in nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneurâ€™s control;
f. for single newspapers and magazines;
g. for 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, transportation, restaurant establishments or leisure activities to be used or performed on a certain date or during a certain period;
b. of which the provision has been started with the Consumerâ€™s explicit consent before the expiration of the cooling-off period;
c. regarding betting and lotteries;
ARTICLE 9 The price
1. The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneurâ€™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 as a result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur 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 starts.
5. All prices indicated in the provision of products or services are including VAT.
ARTICLE 10 Conformity and Guarantee
1. The Entrepreneur 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.
2. An arrangement offered as a guarantee by the Entrepreneur, Manufacturer or Importer shall not affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneurâ€™s obligations based on the law and/or the distance contract.
ARTICLE 11 Delivery and execution
1. The Entrepreneur shall exercise the best possible care when booking and when 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 the company.
3.With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Company shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed. 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. In the event of repudiation under the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer as soon as possible but at least within 30 days after repudiation.
5. If delivering an ordered product turns out to be impossible, the Entrepreneur shall make an effort to offer an equivalent replacement product. Before the delivery, it shall be reported in a clear and comprehensible manner that a replacement product will be delivered. The right of withdrawal may not be excluded with replacement products. The costs of the return shipment are to be borne by the Entrepreneur.
6. Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall remain with the Entrepreneur until the time they are delivered to the Consumer.
7. When the client has received his product, but decides it has to be returned. The client is able to do so after contacten Cult89. There are costs bound to returning a product to Cult89. The client will be responsible for the shipping costs both ways. So the shipping costs of the return shipment and the price of the shipment from Cult89 to the client. The client will get his money back once Cult89 received the product back and found it to be undamaged, in the case of damage done to the glasses, no money will be refunded.
ARTICLE 12 Termcontracts: duration, termination and renewal
1. Regarding a indefinite contract, which extends to the regular delivery of products (including electricity) or services the consumer may terminate at any time in compliance to the applicable termination rules and a notice of up to one month.
2. Regarding a definite contract, which extends to the regular delivery of products (electricity included) or services the consumer can terminate the contract at any time at the end of the fixed term in compliance with the applicable termination rules and with a notice of at the most one month.
ARTICLE 13 Payment
1. Unless otherwise agreed, the amounts to be paid by the Consumer are to be settled within 14 days after delivery of the goods, or in the event of an agreement to provide a service, within 14 days after the delivery of documents relating to this service.
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. When an advance payment was agreed, the Consumer may not assert any right regarding the execution of that order or the provision of the service in question before the agreed advance payment has been made.
3. The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details.
4. In case of nonpayment on the part of the Consumer, and subject to legal restrictions, the Entrepreneur is entitled to charge any predetermined reasonable costs incurred to the Consumer.
ARTICLE 14 Complaints procedure
1. The Entrepreneur shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract shall be submitted to the Entrepreneur fully and clearly described within a reasonable time after the Consumer has discovered the defects.
3. The complaints submitted with the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, the Entrepreneur 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, there will be a dispute that is open to the dispute settlement rules.
ARTICLE 15 Disputes
1. Contracts between the Entrepreneur and the Consumer, to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
2. Disputes between the Consumer and the Entrepreneur about the formation or the performance of contracts related to products or services to be delivered or that have been delivered by this Entrepreneur can be submitted with the Complaints Committee Geschillencommissie Thuiswinkel, Postbus 90600, 2509 LP te Den Haag (www.sgc.nl).
3. A dispute is handled by the Disputes Committee [Geschillencommissie] only if the Consumer submitted his/her complaint to the Entrepreneur within a reasonable period.
4. After a maximum period of 3 months after the complaint has been grounded, the customer has to file his dispute at the GSC
5. When a consumer want to file a dispute at the complaints committee, the entrepreneur is bound to this choice. When the entrepreneur wants to file a dispute, the consumer has to agree or disagree within five weeks by letter or e-mail. And the consumer has to let know if he wants the court to look at the dispute. If there is no reply within five weeks, the dispute will go to the court.
6. The Disputes Committee judges according to the terms stated in the terms of the Disputes Committee.
7. The Disputes Committee will not handle a dispute or will discontinue handling it if the Entrepreneur is granted a moratorium, goes bankrupt or actually ended his business activities.
8. If in addition to the Geschillencommissie Thuiswinkel Complaints Committee another disputes committee recognised by or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) [Foundation for Consumer Complaints Committees] or the Klachteninstituut FinanciÃ«le Dienstverlening (Kifid) [Financial Services Complaints Board] is competent, this other Disputes Committee is exclusively competent.
ARTICLE 16 Additional or varying provisions
Additional provisions of and/or deviations from these General Terms and Conditions may not be to the Consumerâ€™s detriment and must be put in writing or be recorded in such a way that the Consumer can stored them in an accessible manner on a long-term data carrier.
ARTICLE 17 Personal data and privacy
The entrepreneur will always handle the data of the consumer according to its privacystatement. And will take into account the privacylaws.
The entrepreneur will handle the data of its consumer with confidence. When the consumer visits the website and/or places an order, data will be gathered to be able to provide the best service possible.
The data of the consumer will be gathered by the entrepreneur in a database, which will only be used for communication with its consumers.
The website could contain links to websites or adverts of third parties. The entrepreneur is not responsible for the privacy-agreement of that party, nor its contents.
The consumer is always allowed to ask the entrepreneur which data are gathered. The consumer has the right to look into its own data and to improve its data. If the consumer wants his data to be removed from the database, this can be asked for by e-mail.
Applicability general terms and conditions
These general terms and conditions are applicable to all agreements that you make with Juleye, no matter if it regards products or services. By ordering from Juleye, you declare to agree with the general terms and conditions. Juleye delivers orders within the Netherlands. Delivery outside the Netherlands is possible to the countries that are available when you register.
Request of terms and conditions
These terms and conditions of Juleye are available on request at:
Chamber of Commerce number: 55035329
Tax-identification number: NL200269793B01
Delivery always takes place as long as the stock is there. All prices include taxes.
You will always be informed
All products are normally in stock. It could however be possible that a product is not in stock. If thatâ€™s the case, you will be informed within one month and Juleye will keep your order.
Change of address
Consumers are required to inform Juleye of each change of address. As long as Juleye has not been informed of a change of address, you are expected to be living at the last known address by Juleye. Also, you will be responsible for the ordered articles that are being delivered at the old address.
Juleye ships its products to many European countries, as well as the United States, Canada, Australia and New Zealand. The shipping costs that apply for your order are shown before you are required to pay.
Juleye keeps the right to refuse shipments outside the Netherlands without giving the reasons for refusal.
You are required to pay your order by iDeal, MisterCash, DIRECTEbanking or PayPal. When you think money has unrightfully been taken from your account, you have to contact Juleye. Payment in periods is not allowed, unless otherwise stated.
When you have a complaint about a product bought from Juleye, you can always contact Juleye by e-mail:contact@Juleye. We always try to respond to any e-mails within 3 working days.
Juleye is only responsible for damage done to you, when this damage is the responsibility of Juleye. Or when the damage is by law the risk of Juleye
Juleye is not responsible for any damage, that follows out of the use of a product bought by Juleye, unless this is on grounds of Dutch laws (productresponsibility as meant in article 6:185 and further of the Dutch Law).
In the case that Juleye does not meet its obligations towards the customer, Juleye is responsible towards the customer to compensate for the damage done. Juleye is only responsible for direct damage, by which is meant only:
Damage, directly done to material goods;
Reasonable costs, made to determine the cause and amount of damage as it relates to direct damage as meant here;
Reasonable and prove-able costs that are being made to prevent or limit direct damage as meant here.
The direct damage as described above, is recoverable up to the maximum amount of the price paid for the applicable products. When it concerns services, the direct damage as described above, is recoverable up to the maximum amount of the price paid for the applicable service.
Any other damage then describer under 1,2 and 3, will not be recovered by Juleye. This meant that i.a. in no case the following will be covered: consequential damage (like financial damages), immaterial damage and pure financial loss other than meant under 2 and 3.
Juleye is not responsible for any damage when this is caused by shortcomings as a result from a force majeure. You can speak of a force majeure when the shortcomings follow from circumstances that are outside the influence from Juleye. The following are examples that go up for these circumstances: war, or comparable situations; rebellion; sabotage; boycot; strikes; occupation; staff illness from Juleye; shortcoming of suppliers/ transporters from Juleye; governmental measures (including governments of other countries) like a transport-, import- or productionembargo; naturedisasters; bad weather; explosion; fire and discharge of hazardous substances or gases.
None of the above goes up in case of big mistakes made by Juleye or in case of damaging on purpose by Juleye. The customer has to prove that a big mistake has been made or the damaging has been done on purpose.
You are not allowed any alleged claim for compensation to offset any amount owed to you is Juleye under any agreement between you and Juleye.
Natural or legal persons who are employed by Juleye and / or by executing any agreement between you and Juleye that are used by you for compensation, are also allowed to use the above stated provisions the heading "Liability".