Terms and Conditions
mr. Jealousy VOF
Located at the
Nijverheidsweg 27 B 0006,
2031 CN Haarlem, Netherlands
Registered with the Chamber of Commerce under number 82801738
Article 1. Definitions
In these general terms and conditions, the following terms are capitalized and in the following
meaning is used unless expressly stated otherwise:
1. the seller of Products and the contractual counterparty to the Agreement with the Buyer and the user of these general terms and conditions within the meaning of Article 6:231 sub b of the Dutch Civil Code.
the natural or legal person who provides Products and/or services of Mr. Jealousy purchases and the other party to the Agreement with Mr. Jealousy within the meaning of Article 6:231 sub c of the Dutch Civil Code.
the Buyer who, when entering into an Agreement with Mr. Jealousy does not act in the exercise of a profession or business.
placing an order for the delivery of Products by the Buyer to Mr. Jealousy.
the appointment between Mr. Jealousy and Copper based on which Mr. Jealousy delivers Products to Buyer against payment.
mr. Jealousy and Buyer collectively and individually as a “Party”.
all items, including accessories, manuals, documentation and all other objects, which are the subject of the Agreement.
2. In these general terms and conditions, “in writing” also includes communication by e-mail, fax or digitally (for example via an online interface), provided that the identity of the sender and the integrity of the content are sufficiently established.
Article 2. Applicability
1. These general terms and conditions apply to all offers, Orders, Agreements and deliveries of
mr. Jealousy, of whatever nature, unless that applicability has been expressly excluded in whole or in part in writing or has been explicitly agreed otherwise.
2. Any general terms and conditions of the Buyer, by whatever name, are expressly rejected.
Deviations from and additions to these terms and conditions only apply if and insofar as they have been approved by Mr. Jealousy have been expressly accepted in writing.
3. When Mr. Jealousy may deviate from these general terms and conditions, whether or not tacitly, for a short or longer period of time, without prejudice to its right to demand immediate and strict compliance with these terms and conditions. Buyer cannot derive any rights from the way in which Mr. Jealousy applies these terms and conditions.
4. These terms and conditions also apply to all Agreements with Mr. Jealousy, for the implementation of which third parties are involved. These third parties can invoke the present terms and conditions directly against the Buyer, including any limitations of liability.
5. If one or more of the provisions of these general terms and conditions or any other Agreement with Mr. Jealousy should be in conflict with a mandatory legal provision or any applicable legal provision, the relevant provision will lapse and will be replaced by a Mr. Jealousy to adopt new, legally permissible and comparable provision.
6. In the event of a conflict between the contents of an email between the Buyer and Mr. Jealousy concluded Agreement and the present terms and conditions, the content of the Agreement prevails.
Article 3. Offers
1. All offers from Mr. Jealousy are revocable and are made without obligation, unless otherwise indicated in writing.
2. Upon acceptance of a non-binding offer by the buyer, Mr. Jealousy reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.
3. A composite offer obliges Mr. Jealousy does not agree to deliver part of the Products included in the offer against a corresponding part of the quoted price.
4. The content of the delivery is exclusively determined by the description of the delivery given in the offer. If the acceptance deviates (on minor points) from the offer included in the offer, Mr. Jealousy not bound by it. The Agreement will then not be concluded in accordance with this deviating acceptance, unless Mr. Jealousy indicates otherwise.
5. Verbal commitments bind Mr. Jealousy only after they have been confirmed explicitly and in writing by it.
6. Promotions and discounts only apply to the original prices and do not apply to previously made price agreements, whereby a lower price has been agreed.
7. Also, promotions and discounts cannot be combined, unless expressly stated otherwise.
8. Obvious errors or clerical errors in Mr. Jealousy bind Mr. Jealousy not.
9. The prices in Mr. Jealousy are inclusive of VAT and other government levies, unless expressly stated otherwise.
10. It suits Mr. Jealousy is free to change its prices at any time. Offers therefore do not automatically apply to future Orders.
Article 4. Formation of the Agreement
1. Subject to the provisions below, an Agreement with Mr. Jealousy first then established after Mr. Jealousy has accepted or confirmed an Order in writing. The order confirmation is deemed to represent the Agreement correctly and completely, unless the Buyer immediately objects in writing.
2. For Orders placed via the website of Mr. Jealousy, contrary to the provisions of paragraph 1 of this article, the Agreement is concluded when the Buyer has successfully completed all steps of the online ordering process. mr. Jealousy will subsequently confirm the Order to the Buyer in writing.
3. Any additional agreements or changes made at a later date are binding on Mr. Jealousy only if this is done by Mr. Jealousy have been confirmed in writing within 5 days.
Article 5. Delivery
1. Unless otherwise agreed, Products will be delivered to a delivery address specified by the Buyer, Mr. Jealousy will charge the Buyer transport costs for this. These transport costs are clearly stated in the offer.
2. The choice of the means of transport and the carrier is up to Mr. Jealousy, also in the case of non-carriage paid shipments, where no regulations for shipment have been given by the Buyer. Obstacles or temporary impediments to the transport by the chosen carrier or with the chosen means of transport do not oblige to use another means of transport.
3. Packaging materials are provided by Mr. Jealousy not taken back.
4. The delivery obligation of Mr. Jealousy will be paid, subject to proof to the contrary, as soon as the payment made by Mr. Products to be delivered to Jealousy have been offered for the first time to the specified delivery address of the Buyer. In addition, the report of the carrier, including the refusal of acceptance, serves as full proof of the offer to deliver.
Article 6. Delivery terms
1. If Mr. Jealousy has specified a term for delivery of Products, this is only indicative. A specified delivery time can therefore never be regarded as a strict deadline. If a term is exceeded, the Client must inform Mr. Jealousy should therefore be given written notice of default. mr. Jealousy must be offered a reasonable period of time to still implement the Agreement.
2. The Client will ensure that all data, of which Mr. Jealousy indicates that these are necessary or of which the Client should reasonably understand that they are necessary for the execution of the Agreement, to Mr. Jealousy are provided. If the information required for the implementation of the Agreement is not provided to Mr. Jealousy have been provided, Mr. Jealousy has the right to suspend the performance of the Agreement and/or to charge the additional costs resulting from the delay to the Client in accordance with the usual rates.
3. It's Mr. Jealousy may deliver sold Products in installments, invoice each installment separately and require payment in accordance with the applicable payment terms.
Article 7. Trial period and right of withdrawal
1. All by Mr. Jealousy Products offered on its website are tailor-made for the Buyer. Custom-made Products and Products that have been created in accordance with the Consumer's specifications are excluded from the trial period and the right of withdrawal. Customization includes in any case, but not exclusively: (a) Products for which the Buyer has specified a specific size and (b) products that are delivered in a specific color chosen by the Buyer. This exclusion will always be clearly stated with each Product on the website by Mr. Jealousy.
2. Custom work cannot be returned under any circumstances, unless the Product is faulty. Customization is expressly excluded from the right of withdrawal and the trial period, as described in paragraph 1 of this article.
3. If the Buyer has made a mistake when measuring the measurements or if the Buyer has specified an incorrect size, the Buyer has no right to withdraw from the Agreement, nor to a replacement Product, nor to compensation. Errors in measurements or specified sizes are always the responsibility of the Buyer.
Article 8. Guarantee and complaints
1. Without prejudice to any warranty rights that the law assigns to the Buyer and which are mandatory in nature, Mr. Jealousy that the Products delivered by it meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement.
2. mr. Jealousy is never responsible for the ultimate suitability of the Products for each individual application by the Buyer, nor for any advice regarding the use or application of the Products.
3. The Buyer is obliged to immediately check the delivered Products upon receipt. If it appears that the delivered item is incorrect, damaged or incomplete, the Buyer must (before proceeding to return it to Mr. Jealousy) report these defects in writing to Mr. Jealousy within 5 days. Jealousy.
4. If the Buyer's complaint is made by Mr. Jealousy be found justified, Mr. Jealousy at its option either replace the delivered Products free of charge or make a written arrangement with the Buyer about the compensation, on the understanding that the liability of Mr. Jealousy and therefore the amount of the compensation is always limited to a maximum of the invoice amount of the relevant Products, or (at the discretion of Mr. Jealousy) to the maximum in the relevant case by Mr. Jealousy's liability insurance. Jealousy covered amount. Any liability of Mr. Jealousy for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage, consequential damage or damage due to lost profit.
mr. Jealousy does not provide any warranty if:
- and as long as the Buyer vis-à-vis Mr. Jealousy defaults on his obligations to Mr. Jealousy;
- The Buyer has repaired and/or modified the delivered Products himself or had them repaired/or modified by third parties;
- the delivered Products have been exposed to abnormal conditions or are otherwise carelessly treated or contrary to the instructions of Mr. Jealousy, maintenance and/or operating instructions in or on the packaging have been treated or have not been installed in accordance with the assembly instructions.
5. Drawings, technical descriptions, models, samples, images, colours, weights, measures and material indications are provided by Mr. Jealousy in good faith and as accurately as possible. However, these informative data are not binding. Deviations in Products delivered with the margins customary in the industry must be accepted and do not entitle the Buyer to a complaint, replacement, compensation for damage or any other right, unless a smaller margin for deviations has been expressly agreed in the Agreement.
6. If Products have been assembled or processed by the Buyer, complaints - irrespective of the grounds, including the case of incorrect delivery - are no longer permitted, even if they are submitted within the set term; in these cases Mr. Jealousy is not bound by any concession of any kind.
Article 9. Online payment and invoice
Unless expressly agreed otherwise, payment of the Products is made in full in advance at a time specified by Mr. Jealousy offers payment methods (iDeal) on its website. After payment, the Buyer receives an itemized invoice from Mr. Jealousy by email. mr. Jealousy is entitled to send invoices digitally to the e-mail address specified by the Buyer.
Article 10. Force majeure
1. mr. Jealousy is not liable if and insofar as its obligations cannot be fulfilled due to force majeure.
2. Force majeure is understood to mean any strange cause, as well as any circumstance, which should not reasonably be at its risk. Delay or non-performance by suppliers, pandemic or epidemic, disruptions in the internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and/or manufacturers of Mr. Jealousy as well as auxiliary persons, illness of staff, defects in aids or means of transport are expressly regarded as force majeure.
3. mr. In the event of force majeure, Jealousy reserves the right to suspend its obligations and is also entitled to dissolve the Agreement in whole or in part, or to demand that the content of the Agreement be changed in such a way that execution remains possible. Under no circumstances is Mr. Jealousy is obliged to pay any fine or compensation.
4. If Mr. Jealousy has already partially fulfilled its obligations upon the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the Buyer is obliged to pay this invoice as if it concerned a separate contract. .
Article 11. Applicable law and choice of forum
1. On all by Mr. Jealousy concluded and to be concluded Agreements are governed by Dutch law.
2. All disputes – including those which are only regarded as such by one of the parties – which arise as a result of an Agreement to which the present terms and conditions apply in full or in part, or as a result of other Agreements which are a result of a such Agreement, will be settled by the competent court in the district of the Buyer's place of residence.
Article 12. Change and explanation of the conditions
mr. Jealousy is authorized to make changes to these general terms and conditions. These changes will take effect at the announced time of entry into force. mr. Jealousy will inform the Buyer of the amended terms and conditions in a timely manner. If no time of entry into force has been communicated, changes will take effect vis-à-vis the Buyer as soon as the change has been communicated to him.