Terms & Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract concerning a series of products and/or services, of which the delivery and/or purchase obligation is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally, in a way that allows future consultation and unchanged reproduction of the stored information;

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;

Means of distance communication: a method that can be used to conclude a contract without the consumer and entrepreneur being in the same place at the same time;

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

Article 2 – Identity of the Entrepreneur

Company name: Available on request.

Chamber of Commerce number: Available on request.

Trade name: Available on request.

VAT number: Available on request.

Customer service email: info@jamesmode.com

Business address: Available on request.

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the 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 not reasonably possible, it will be indicated, before the distance contract is concluded, that the general terms and conditions are available for inspection at the entrepreneur’s premises and 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 may, in deviation from the previous paragraph and before the distance contract is concluded, 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. If this is not reasonably possible, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge, either electronically or in another way, upon request.

In the event that specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer may always rely on the applicable provision that is most favorable to them in the event of conflicting conditions.

If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and the remainder of these terms and conditions shall remain in force, and the provision in question shall be replaced without delay by a provision that reflects the original intent as closely as possible in mutual consultation.

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

Any ambiguity regarding the interpretation or content of one or more provisions of these general terms and conditions shall be interpreted in the spirit of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and amend the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these shall be a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and information provided in the offer are indicative and cannot be grounds for compensation or termination of the agreement.

Product images are a faithful representation of the offered products. However, the entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This includes in particular:

The price, excluding customs clearance fees and import VAT. These additional costs shall be borne by and are the responsibility of the customer. The postal and/or courier service will apply the special arrangement for postal and courier services regarding import. This arrangement applies when goods are imported into the EU country of destination, which is applicable in this case. The postal and/or courier service collects the VAT (possibly together with the clearance fees charged) from the recipient of the goods;

Any applicable shipping costs;

The manner in which the agreement will be concluded and which steps are required for this;

Whether or not the right of withdrawal applies;

The method of payment, delivery, and performance of the agreement;

The period for accepting the offer, or the period during which the entrepreneur guarantees the price;

The rate for distance communication if the cost of using the distance communication technique is calculated on a basis other than the standard base rate of the communication method used;

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

The manner in which the consumer, before concluding the agreement, can check and, if desired, correct the information provided in connection with the agreement;

Any other languages in which the agreement can be concluded in addition to Dutch;

The codes of conduct to which the entrepreneur has committed and how the consumer can consult these codes of conduct electronically; and

The minimum duration of the distance contract in the case of a continuing performance contract.

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 meets the conditions set forth therein.

If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance electronically. As long as the entrepreneur has not confirmed this receipt, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall observe appropriate security measures.

The entrepreneur may, within legal boundaries, verify whether the consumer can meet their payment obligations, as well as any other facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has sound reasons not to enter into the agreement, they are entitled to refuse an order or application with justification, or to attach special conditions to the execution.

The entrepreneur shall send the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier, along with the product or service:

1. The visiting address of the entrepreneur’s business location where the consumer can submit complaints;

2. The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;

3. Information on warranties and existing after-sales services;

4. The information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;

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

In the case of a continuing performance contract, the provision in the previous paragraph applies only 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 right to withdraw from the agreement without providing any reason within a period of 30 days. This withdrawal period starts on the day after the consumer, or a third party designated by the consumer and known to the entrepreneur, has received the product.

During the withdrawal period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer exercises their right of withdrawal, they must return the product, including all delivered accessories and – if reasonably possible – in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to make use of their right of withdrawal, they are required to notify the entrepreneur within 30 days after receiving the product. This notification must be made in writing, either by letter or by email. After informing the entrepreneur of their decision to withdraw, the consumer must return the product within 30 days. The consumer must provide proof that the goods have been returned in time to the place of origin. This may also include direct return to our supplier in China. The consumer can provide proof, for example, with a shipping receipt or tracking number.

If the consumer has not made it clear within the periods referred to in paragraphs 2 and 3 that they wish to exercise their right of withdrawal, or if the product has not been returned to the entrepreneur, the purchase is considered final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the return shipping costs for the products are entirely at the consumer’s expense. Please note that this includes the cost of returning the product to the country of origin, which may be our supplier in China.

If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible, but no later than 30 days after the withdrawal. This is subject to the condition that the returned product has been received by the seller or that conclusive proof of complete return has been provided.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products and services as described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

1. That are made by the entrepreneur according to the consumer's specifications;

2. That are clearly personal in nature;

3. That by their nature cannot be returned;

4. That deteriorate or expire quickly;

5. Whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

6. That are individual newspapers or magazines;

7. That are audio or video recordings or computer software of which the seal has been broken by the consumer;

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

Exclusion of the right of withdrawal is only possible for services:

1. Relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;

2. Where the performance has begun with the express consent of the consumer before the withdrawal period has expired;

3. Relating to betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.

By way of derogation from the previous paragraph, the entrepreneur may offer products or services with variable prices if these are subject to fluctuations in the financial market over which the entrepreneur has no influence. This link to market fluctuations and the fact that any listed prices are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

1. They are the result of statutory regulations or provisions; or

2. The consumer has the right to terminate the agreement as of the day the price increase takes effect.

According to Article 5, paragraph 1 of the Dutch VAT Act 1968, the place of delivery is the country where transport begins. In this case, the delivery takes place outside the EU. As a result, the postal or courier service will collect import VAT and/or customs clearance fees from the buyer. Therefore, the entrepreneur will not charge VAT on the purchase.

All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. In the event of typographical or printing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of soundness and/or usability, and the legal provisions and/or government regulations in effect on the date of the conclusion of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for use beyond normal purposes.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Products must be returned in their original packaging and in unused condition.

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur shall never be held responsible for the product’s ultimate suitability for any individual use by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions, have been handled carelessly, or have been used contrary to the instructions of the entrepreneur and/or the packaging;

The defect is wholly or partly the result of regulations set or to be set by authorities regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

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

The place of delivery shall be the address provided by the consumer to the entrepreneur.

Subject to the provisions of Article 4 of these terms and conditions, the entrepreneur shall execute accepted orders with due dispatch but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be notified no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge and is entitled to compensation if applicable.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur shall refund any amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

If delivery of an ordered product proves to be impossible, the entrepreneur shall make every effort to offer a suitable replacement item. Upon delivery, it shall be clearly and understandably communicated that a replacement item is being provided. For replacement items, the right of withdrawal cannot be excluded. The cost of any return shipment shall be borne by the entrepreneur.

The risk of damage to and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Continuing Agreements: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, subject to the agreed termination conditions and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement that involves the regular delivery of products (including electricity) or services at any time at the end of the specified term, subject to the agreed termination conditions and a notice period of no more than one month.

In the case of the agreements referred to in the previous paragraphs, the consumer shall:

Be entitled to terminate the agreement at any time and shall not be restricted to termination at a specific time or during a specific period;

Be able to terminate the agreement in the same manner as that in which it was entered into;

Always be entitled to terminate the agreement with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement involving the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed term.

By way of exception, a fixed-term agreement for the regular delivery of daily, news, or weekly newspapers or magazines may be automatically extended for a maximum period of 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.

A fixed-term agreement involving the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate the agreement at any time with a notice period of no more than one month, or a notice period of no more than three months in case the agreement involves the regular, but less than monthly, delivery of daily, news, or weekly newspapers or magazines.

A fixed-term agreement for the regular delivery of newspapers and magazines for trial or introductory purposes (trial or introductory subscription) shall not be automatically renewed and will automatically terminate at the end of 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 reasonableness and fairness dictate otherwise and preclude termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, any amounts owed by the consumer must be paid within 7 working days after the commencement of the withdrawal period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period shall begin after the consumer has received confirmation of the agreement.

The consumer has the obligation to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur shall, subject to legal limitations, be entitled to charge the consumer reasonable costs that have been made known in advance.

Article 14 – Complaints Procedure

Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, clearly and fully described.

Complaints submitted to the entrepreneur shall be answered within 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the 30-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed reply.

If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the applicable dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur explicitly states otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

All agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides outside the Netherlands.