General Terms and Conditions JL Firma – Conditions of Sale for Consumers
Article 1. Definitions
- JL Firma: JL Firma EOOD, located at Samokov str. 15, 1113 Sofia, Bulgaria, VAT number: BG206285565.
- Consumer: the natural person who does not act in the course of a profession or business.
- Products: the goods to be delivered and/or delivered by JL Firma to the Consumer that are the subject of the Agreement.
- Agreement: the agreement between JL Firma and the Consumer regarding the sale of Products.
- General Terms and Conditions: these terms and conditions that apply to Agreements with Consumers.
Article 2. Applicability
- These General Terms and Conditions apply and apply in full to all offers, quotations, quotations and agreements drawn up by JL Firma.
- By placing an order, the Consumer indicates that he agrees with the General Terms and Conditions. You can place an order online via the website www.janelushka.com, by clicking on the green 'Order Now' button in the 'shopping cart’.
- Before the Agreement is concluded, the text of these General Terms and Conditions will be made available to the Consumer. If this is not reasonably possible, JL Firma will indicate, before the agreement is concluded, how the general terms and conditions can be viewed at JL Firma and that they will be sent free of charge as soon as possible at the request of the Consumer.
- If the Distance Contract is concluded electronically (online), the text of these General Terms and Conditions will be made available to the Consumer electronically in such a way that it can be easily stored by the Consumer on a durable data carrier.
- JL Firma has the right to change and/or supplement the General Terms and Conditions. The version of the General Terms and Conditions that the Consumer has agreed to at the time of placing the order are the General Terms and Conditions that apply to the Consumer.
Article 3. The Agreement
- All offers made by JL Firma, both oral and written, are without obligation, unless expressly stated otherwise.
- The Agreement is concluded at the moment that the Consumer has received a written order confirmation from JL Firma.
- JL Firma can - within legal frameworks - inform itself whether the Consumer can meet his payment obligations, as well as about all facts and factors that are important for a responsible conclusion of the Agreement. If JL Firma on the basis of this investigation has good reasons not to enter into the Agreement, it is entitled to refuse an order or to attach special conditions to the execution, stating reasons.
Article 4. Delivery time
- Products are delivered in accordance with the standard delivery times stated on the website. Delivery times are indicative.
- In no event shall JL Firma be liable for any damage, loss, costs or penalties resulting from a delay in delivery, unless JL Firma has acted intentionally or with gross negligence.
- JL Firma has the right to make partial deliveries.
- If delivery has not taken place within 30 days after entering into the Agreement, the Consumer can cancel the order free of charge.
Article 5. Delivery
- The place of delivery is the address that the Consumer has made known to JL Firma.
- The risk of damage and/or loss of the Products rests with JL Firma until the moment of delivery to the Consumer, unless expressly agreed otherwise.
- If, for whatever reason, JL Firma is unable to deliver the Products, JL Firma will notify the Consumer as soon as possible. If the Consumer has already paid at that time, JL Firma will try to refund the payment via the payment method used by the Consumer. If the refund will be made in another way, JL Firma will inform the Consumer.
Article 6. Right of withdrawal
- The Consumer can dissolve an Agreement with regard to the purchase of Products from the date on which the order is placed up to and including 14 days after receipt of the order, without giving reasons. JL Firma may ask the Consumer for the reason for withdrawal, but not oblige him to state reasons.
- The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
- if the Consumer has ordered several products in the same order: the day on which the Consumer, or a third party designated by him, has received the last product. JL Firma may, provided it has clearly informed the Consumer about this prior to the ordering process, refuse an order for multiple products with different delivery times.
- if the delivery of a product consists of several 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;
- in the case of agreements for regular delivery of products during a certain period: the day on which the Consumer, or a third party designated by him, has received the first product.
Article 7. Obligations of the Consumer during the reflection period
- During the reflection period (Article 6.1), the Consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the Consumer may only handle and inspect the product as he would be allowed to do in a store.
- The Consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond permitted paragraph 1 of this article.
- The Consumer is not liable for depreciation of the product if JL Firma has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the Agreement.
Article 8. Exercise of the right of withdrawal by the Consumer
- If the Consumer makes use of his right of withdrawal, he must report this to JL Firma within the cooling-off period (Article 6.1) by returning the product to JL Firma, provided with the return label that is supplied with the products. For the full return policy, see https://janelushka.com/pages/faq.
- The Consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rests with the Consumer.
Article 9. Obligations JL Firma in case of withdrawal
- JL Firma will reimburse all payments made by the Consumer, including any delivery costs charged by JL Firma for the returned Product.
- JL Firma aims to process refunds within 2 to 3 business days after receiving the returned products. Processing of credit card payments often takes longer. JL Firma aims to process credit card payments within 14 business days.
- JL Firma uses the same payment method that the Consumer has used for refunds, unless the Consumer agrees to another method.
- If the Consumer has opted for a more expensive method of delivery than the cheapest standard delivery, JL Firma is not obliged to reimburse additional costs for the more expensive method.
Article 10. Prices and shipping costs
- The prices stated in the offer at the time of order apply.
- The prices stated on the website are in euros (€) and include statutory VAT.
- The prices do not include shipping costs.
- The shipping costs depend on the shipping method and the amount for which the order was placed. For an overview of the shipping costs, see https://janelushka.com/policies/shipping-policy.
Article 11. Warranty and liability
- JL Firma guarantees that the Products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement.
- If the foregoing from paragraph 1 is not the case, JL Firma will comply with the statutory warranty regulations.
- An additional guarantee provided by JL Firma, its supplier, manufacturer or importer never limits the legal rights and claims that the Consumer can assert against JL Firma under the Agreement, if JL Firma has failed to comply with its part of the Agreement. .
- An additional guarantee is understood to mean any commitment by JL Firma, its supplier, importer or producer in which it grants to the Consumer certain rights or claims that go beyond what is required by law in the event that he has failed to fulfill his part of the agreement.
- Any liability for damage suffered by the Consumer is excluded, unless the damage is the result of intent or gross negligence on the part of JL Firma.
- JL Firma is never liable for indirect damage, including but not limited to consequential damage, trading loss, loss of profit or income.
- If JL Firma is obliged to compensate any damage, the compensation will not exceed the invoice amount with regard to the product that caused the damage.
Article 12. Payment
- Insofar as not stipulated otherwise in the Agreement, the amounts owed by the Consumer must be paid within 14 days after the start of the reflection period.
- The Consumer may never be obliged to pay more than 50% of the invoice amount in advance. When advance payment is stipulated, the Consumer cannot assert any rights with regard to the execution of the relevant order before the stipulated advance payment has been made.
- The Consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
- If the Consumer does not fulfill his payment obligation(s) in time, after he has been notified by JL Firma of the late payment and JL Firma has granted the Consumer a period of 14 days to still meet his payment obligations, after the If payment is not made within this 14-day period, the statutory interest will be owed on the amount still owed and JL Firma is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000 with a minimum of €40.
Article 13. Complaints procedure
- Complaints about the implementation of the Agreement must be submitted to JL Firma within a reasonable time after the Consumer has discovered the defects, fully and clearly described. Complaints can be submitted by email (firstname.lastname@example.org) or via the contact form on the website (https://www.janelushka.com/pages/contact-us).
- JL Firma strives to answer submitted complaints within a period of 14 days, calculated from the date of receipt.
Article 14. Data protection
Article 15. Applicable law and competent court
- Dutch law applies to all agreements concluded under these General Terms and Conditions.
- All disputes in respect of which choice of forum is permitted, will in the first instance be submitted exclusively to the court in Amsterdam.
Article 16. Other provisions
- In the event of the invalidity of one or more provisions of these General Terms and Conditions, the other provisions of the General Terms and Conditions will remain in force.
- Additional provisions or provisions that deviate 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 data carrier.
- All intellectual property rights such as trademarks and copyrights in janelushka.com belong to JL Firma. Any use of janelushka.com or its contents, including the copying or storage of such contents in whole or in part, other than for personal and non-commercial use is prohibited without the prior written consent of JL Firma.