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 may exercise the 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 relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
• Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;
• Right of withdrawal: the option 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: an agreement concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, whereby, up to and including the conclusion of the agreement, only one or more means of distance communication are used;
• Means of distance communication: a tool that can be used for concluding an agreement without the consumer and entrepreneur being in the same place at the same time;
• General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Company name:
Jawad Ecommerce (Sole Proprietorship)

Chamber of Commerce number:
77270223

Email address:
info@softer-days.com

Telephone number:
020-2101094

Address (postal/complaints address):
Papaverweg 34, Unit B100, Amsterdam
(This is not a visiting or return address.)

Article 3 – Applicability

These general terms and conditions apply to every offer from 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 terms will be made available to the consumer. If this is not reasonably possible, it will be indicated before the contract is concluded that the terms can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, the text of these terms may, in deviation from the previous paragraph and before the contract is concluded, be made available electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the contract is concluded where the terms can be accessed electronically and that they will be sent free of charge upon request.

If, in addition to these terms, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting conditions, the consumer may always invoke the provision that is most favorable to them.

If one or more provisions of these terms are null or annulled at any time, in whole or in part, the agreement and the remaining provisions will remain in effect, and the relevant provision will be replaced by a provision that approximates the original intent as closely as possible.

Situations not covered by these terms shall be assessed in the spirit of these general terms and conditions. Ambiguities about the interpretation or content of one or more provisions shall be explained in the spirit of these terms.

Article 4 – The Offer

If an offer has a limited validity period or is made subject to conditions, this will be expressly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change or 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the colors displayed exactly match the actual colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer, in particular:

• the price, excluding customs clearance costs and import VAT. These additional costs are for the customer’s account and risk. For import, the postal and/or courier service will use the special scheme for postal and courier services. This scheme applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (possibly together with the charged clearance costs) from the recipient of the goods;
• any shipping costs;
• the manner in which the agreement will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and performance of the agreement;
• the term for accepting the offer, or the period during which the entrepreneur guarantees the price;
• the level of the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular base rate for the used means of communication;
• whether the agreement will be archived after its conclusion and, if so, how it can be consulted by the consumer;
• the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them in the context of the agreement;
• any other languages in which the agreement can be concluded in addition to English;
• codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes electronically;
• the minimum duration of the distance contract in the event of a long-term transaction.
• Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the associated conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve 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 will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

Within legal frameworks, the entrepreneur may inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.

With the product or service, the entrepreneur will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

• the visiting address of the entrepreneur’s business where the consumer can submit complaints;
• the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• information about guarantees and existing after-sales service;
• the data included in Article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer before performance of the agreement;
• 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 long-term transaction, the provision in the previous paragraph only applies to the first delivery. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 30 days. This cooling-off period starts on the day after the consumer receives the product, or a representative previously designated by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they want to keep it. If exercising the right of withdrawal, the consumer will return the product with all delivered accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to use the right of withdrawal, they are obliged to notify the entrepreneur within 30 days after receiving the product. Notification must be made via a written message/email. After notifying the entrepreneur, the consumer must return the product within 30 days. The consumer must prove that the goods were returned on time, for example by means of proof of shipment.

If, after the expiry of the periods mentioned in paragraphs 2 and 3, the consumer has not indicated that they wish to exercise the right of withdrawal and the product has not been returned to the entrepreneur, the purchase is a fact. More info can be found on the page: Returns & Exchanges

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the products are borne by the consumer. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received back by the online retailer or conclusive proof of complete return can be provided. More info can be found on the page: Returns & Exchanges

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion applies only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

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

• that are made by the entrepreneur in accordance with the consumer’s specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• that can spoil or age quickly;
• whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• for single newspapers and magazines;
• for audio and video recordings and computer software of which the consumer has broken the seal;
• for hygienic products whose seal has been broken by the consumer.

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

• relating to accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period;
• whose performance has begun with the express consent of the consumer before the cooling-off period has expired;
• relating to bets and lotteries. More info can be found on the page: Returns & Exchanges

Article 9 – Price

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

Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are guide 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:

• they result from statutory regulations or provisions; or
• the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.

Delivery takes place, pursuant to Article 5(1) of the Dutch Turnover Tax Act 1968, in the country where transport begins. In this case, delivery takes place outside the EU. Consequently, the postal or courier service will charge import VAT and/or clearance costs to the buyer, and no VAT will be charged by the entrepreneur. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also warrants that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can 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 new condition.

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application 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 processed the delivered products themselves or has had them repaired and/or processed by third parties;
• The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or treated contrary to the instructions of the entrepreneur and/or on the packaging;
• The defect is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 – Delivery and Performance

The entrepreneur will take the greatest possible care when receiving and executing orders for products. Subject to what is stated in Article 4 of these terms, the company 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 cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Long-term Transactions: Duration, Termination and Renewal

Termination

The consumer may terminate an agreement concluded for an indefinite period and which extends to the regular delivery of products or services at any time, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement concluded for a definite period and which extends to the regular delivery of products or services at any time at the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

• at any time and not be limited to termination at a specific time or in a specific period;
• at least in the same way as they were entered into by the consumer;
• always with the same notice period that the entrepreneur has stipulated for themselves.

Renewal

An agreement concluded for a definite period and which extends to the regular delivery of products or services may not be tacitly extended or renewed for a fixed term. By way of derogation, an agreement concluded for a definite period and which extends to the regular delivery of daily, news and weekly papers and magazines may be tacitly renewed for a fixed term of a maximum of three months, if the consumer can terminate the extended agreement at the end of the renewal with a notice period of no more than one month.

An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate 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 extends to the regular, but less than once a month, delivery of daily, news and weekly papers and magazines. An agreement with a limited duration for the regular delivery of daily, news and weekly papers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically 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 reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

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

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs made known to the consumer in advance. 

Article 14 – Complaints Procedure

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

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure. A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their option, 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 relate, even if the consumer lives abroad.

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