Terms of service
Last updated: February 7, 2025
Table of Contents:
1. Definitions
2. Identity of the Entrepreneur
3. Applicability
4. The Offer
5. The Agreement
6. Right of Withdrawal
7. Costs in Case of Withdrawal
8. Exclusion of the Right of Withdrawal
9. The Price
10. Conformity and Warranty
11. Delivery and Execution
12. Duration Transactions: Duration, Termination, and Renewal
13. Payment
14. Complaints Procedure
15. Disputes
16. Additional or Deviating Provisions
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Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Cooling-off period: The period within which the consumer can exercise the right of withdrawal.
- Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
- Day: Calendar day.
- Duration transaction: A distance contract regarding a series of products and/or services, where the obligation to deliver and/or purchase is spread over time.
- Durable data carrier: Any means that allows the consumer or entrepreneur to store information that is directed to them personally in a way that enables future consultation and unaltered reproduction of the stored information.
- Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
- Model withdrawal form: The model withdrawal form provided by the entrepreneur that a consumer can complete when exercising the right of withdrawal.
- Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers.
- Distance contract: A contract concluded within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more techniques for remote communication up to and including the conclusion of the contract.
- Technique for remote communication: Means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same place.
- General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.
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Article 2 – Identity of the Entrepreneur
Backjoy Europe, BJ Distribution B.V.
Laan van Waalhaven 175, 2497 GK, The Hague, Netherlands
Phone: +31 6 41 29 74 90 - 09:00-17:00
Email: info@backjoy.eu
Chamber of Commerce number: 77982460
VAT identification number: NL861221679B01
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Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and every distance contract and order concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer.
3. If the contract is concluded electronically, the text of these general terms and conditions may be made available electronically in such a way that the consumer can easily store it on a durable data carrier.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
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Article 4 – The Offer
1. If an offer has a limited validity period or is subject to conditions, this is explicitly stated.
2. The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.
3. The offer includes a complete and accurate description of the offered products and/or services.
4. All images, specifications, and information in the offer are indicative and cannot lead to compensation or dissolution of the agreement.
5. Every offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer.
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Article 5 – The Agreement
1. The agreement is established when the consumer accepts the offer and meets the stipulated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance electronically.
3. If the agreement is concluded electronically, the entrepreneur takes appropriate security measures for the electronic transfer of data.
4. The entrepreneur may investigate whether the consumer can meet their payment obligations.
5. The entrepreneur provides the following information upon delivery:
- The business address of the entrepreneur for complaints;
- Conditions and procedure for the right of withdrawal;
- Information about warranties and after-sales service;
- The price, including taxes;
- The cost of delivery;
- The method of payment, delivery, and performance of the agreement.
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Article 6 – Right of Withdrawal
1. The consumer has the right to withdraw from the contract within 14 days without stating reasons.
2. The withdrawal period starts the day after the consumer or a designated representative receives the product.
3. During the cooling-off period, the consumer shall handle the product and packaging with care.
4. The consumer must notify the entrepreneur of withdrawal within 14 days by using the withdrawal form.
5. The consumer must return the product within 14 days after notification.
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Article 7 – Costs in Case of Withdrawal
1. The consumer bears the direct costs of returning the product.
2. The entrepreneur refunds the amount paid by the consumer as soon as possible, but within 14 days after withdrawal.
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Article 8 – Exclusion of the Right of Withdrawal
1. The entrepreneur may exclude the consumer's right of withdrawal for specific products if stated clearly before purchase.
2. Exclusions include:
- Products made to consumer specifications;
- Perishable goods;
- Sealed audio, video recordings, or software;
- Hygiene-sensitive items if the seal is broken.
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Article 9 – The Price
1. The stated prices include VAT.
2. The entrepreneur is not responsible for typographical errors.
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Article 10 – Conformity and Warranty
1. The entrepreneur guarantees that the products and/or services comply with the agreement.
2. Any defects must be reported within four weeks of delivery.
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Article 11 – Delivery and Execution
1. The entrepreneur ensures careful order processing and delivery.
2. If delivery is delayed, the consumer is informed within 30 days and may cancel the contract.
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Article 12 – Duration Transactions: Termination and Renewal
1. The consumer may terminate an indefinite-term contract with a notice period of no more than one month.
2. A fixed-term contract may not be automatically extended for another fixed term.
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Article 13 – Payment
1. Payments must be made within 7 business days after the cooling-off period.
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Article 14 – Complaints Procedure
1. Complaints must be submitted in writing within 7 days of discovery.
2. Complaints are handled within 14 days.
3. The consumer can also use the European ODR platform for dispute resolution.
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Article 15 – Disputes
1. Dutch law applies to all agreements between the entrepreneur and the consumer.
2. The Vienna Sales Convention does not apply.
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Article 16 – Additional or Deviating Provisions
Additional provisions shall not be detrimental to the consumer and must be clearly stated before entering into the contract.