Terms of service

Article 1 - Definitions

In these conditions, the following definitions apply:

  • Reflection Period: The period within which the consumer can exercise the right of withdrawal.
  • Consumer: A natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
  • Day: Calendar day.
  • Duration Transaction: A distance contract related to a series of products and/or services, the delivery 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 to them personally in a way that allows future consultation and unchanged reproduction of the stored information.
  • Right of Withdrawal: The option for the consumer to cancel the distance contract within the cooling-off period.
  • Entrepreneur: The natural or legal person who offers products and/or services remotely to consumers.
  • Distance Agreement: An agreement where, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement.
  • Remote Communication Technology: Means that can be used to conclude an agreement without the consumer and entrepreneur being in the same room at the same time.
  • General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

  • Company Name: Ceejay Clothing VOF
  • Chamber of Commerce Number: 90068289
  • Trade Name: Ceejay Clothing
  • Customer Service Email: info@ceejayclothing.com
  • Company Address: Frederik Hendriklaan 179, 1814NB Alkmaar

Article 3 - Applicability

These general terms and conditions apply to every offer by the entrepreneur and to every distance contract and order concluded between the entrepreneur and 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 can be viewed at the entrepreneur and will be sent free of charge at the consumer's request.

If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.

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

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the remainder of the agreement and these terms and conditions will remain in force. The provision in question will be replaced in mutual consultation by a provision that approximates the original as closely as possible.

Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Any uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions must 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 subject to conditions, this will be expressly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.

Each offer contains information that makes it clear to the consumer what the rights and obligations are associated with accepting the offer. This includes:

  • The price, excluding customs clearance costs and import VAT. These additional costs are at the customer's expense and risk. The postal or courier service collects the VAT (possibly with the customs clearance costs charged) from the recipient of the goods.
  • Any shipping costs.
  • The manner in which the agreement will be concluded and the actions required for this.
  • Whether or not the right of withdrawal applies.
  • The method of payment, delivery, and execution of the agreement.
  • The period for accepting the offer, or the period within which the entrepreneur guarantees the price.
  • The rate for distance communication if the costs of using the technology for distance communication are calculated on a basis different from the regular basic rate for the means of communication used.
  • Whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer.
  • How the consumer can check the data provided by them in the context of the agreement before concluding it and, if desired, correct it.
  • Any other languages besides Dutch in which the agreement can be concluded.
  • The codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically.
  • The minimum duration of the consumer's obligations under the agreement.
  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal.
  • Information about warranties and existing after-sales service.
  • The information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before executing the agreement.
  • The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. For a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Every agreement is entered into under the condition precedent of sufficient availability of the products in question.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer must handle the product and packaging with care. The product should only be unpacked or used to the extent necessary to assess whether the consumer wishes to keep it. If the consumer exercises the right of withdrawal, they must return the product to the entrepreneur with all supplied accessories and, if reasonably possible, in the original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they must inform the entrepreneur within 14 days of receipt of the product, typically by written message or email. After indicating the wish to exercise the right of withdrawal, the consumer must return the product within 14 days. Proof of timely return, such as proof of shipment, is required.

If the consumer does not comply within the periods referred to in paragraphs 2 and 3, indicating the wish to exercise the right of withdrawal or failing to return the product to the entrepreneur, the purchase becomes final.

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 cancellation, provided the product has been received back by the entrepreneur or conclusive proof of return is provided.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for certain products as described in paragraphs 2 and 3, provided the entrepreneur has clearly stated this in the offer, at least in a timely manner before concluding the agreement.

Exclusion of the right of withdrawal is possible for products:

  • Created by the entrepreneur according to the consumer's specifications.
  • 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 beyond the entrepreneur's control.
  • For individual newspapers and magazines.
  • For audio and video recordings and computer software where the seal has been broken by the consumer.
  • For hygienic products where the seal has been broken by the consumer.

Exclusion of the right of withdrawal is possible for services:

  • Related to accommodation, transport, restaurant business, or leisure activities to be provided on a specific date or during a specific period.
  • Whose delivery has begun with the express consent of the consumer before the cooling-off period has expired.
  • Concerning betting and lotteries.

Article 9 - The Price

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

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices subject to fluctuations in the financial market beyond the entrepreneur's control. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.

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

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

  • These are the result of legal regulations or provisions.
  • The consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

Article 10 - Conformity and Warranty

The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, 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 agreed, the entrepreneur also ensures that the product is suitable for 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 2 months of delivery. Products must be returned in their original packaging and condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, 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 modified the delivered products themselves or had them repaired and/or modified by third parties.
  • The delivered products are exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or the instructions on the packaging.
  • The inadequacy is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the applied materials.

Article 11 - Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products and assessing requests for the provision of services.

The place of delivery is the address that the consumer has made known to the company.

Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than within 30 days unless a longer delivery period has been agreed. If the delivery is delayed or if an order cannot be executed or only partially, the consumer will be informed of this 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 the event 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 make every effort to provide a replacement item. The fact that a replacement item is being delivered will be clearly and comprehensively stated at the latest at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by 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 previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Duration Transactions: Duration, Termination, and Renewal

Termination:

  • The consumer may terminate an agreement entered into for an indefinite period at any time, with due observance of the agreed termination rules and a notice period not exceeding one month.
  • The consumer may terminate a fixed-term agreement for the regular delivery of products (including electricity) or services at any time at the end of the fixed term, with due observance of the agreed termination rules and a notice period not exceeding one month.
  • The consumer can conclude 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 terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension:

  • An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a fixed period.
  • Notwithstanding the previous paragraph, a fixed-term agreement for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period not exceeding one month.
  • An agreement entered into 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 can terminate at any time with a notice period not exceeding one month. The notice period is not exceeding three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  • An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines (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 not exceeding one month unless reasonableness and fairness resist termination before the end of the agreed duration.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the reflection period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.

The consumer has the duty to report inaccuracies in the payment details provided or stated to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.

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

The consumer should give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement.

Article 15 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer resides abroad.

Article 16 - Additional or Different Provisions

Additional or deviating provisions 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.

Article 17 - Customer Support

If you have any questions, complaints, or comments after reading these terms and conditions, do not hesitate to contact us in writing or by email.