General terms and conditions

General terms and conditions

Jasira

Article 1 - Definitions


In these terms and conditions, the following definitions apply:

Grace period: the period within which the consumer can exercise his right of withdrawal;

Consumer: the natural person who is not acting 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 relating to 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 him personally in a way that allows future consultation and unaltered reproduction of the stored information. 

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

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

Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together 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

E-mail address: info@jasirafashion.com

Chamber of Commerce number: 82810311

Article 3 - Applicability

These General Terms and Conditions apply to every offer of the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer. Before the distance contract is concluded, the text of these the price, excluding customs clearance charges and import VAT.

These additional costs will be at the customer's expense and risk. The postal and/or courier service will use the special regime for postal and courier services with regard to imports. This scheme applies if the goods are imported into the EU country of destination, which is the case in the present instance.

The postal and or courier service collects the VAT (whether or not together with the customs clearance fees charged) from the recipient of the goods;
any dispatch costs:
the manner in which the contract will be established and what actions are required to do so:
whether or not the right of withdrawal is applicable;
the method of payment, delivery and performance of the agreement,
the period for accepting the offer, or the period within which the trader guarantees the price;
the height of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used; whether the agreement will be archived after its conclusion and, if so, in what way it can be consulted by the consumer the way in which the consumer, before concluding the contract, can check and, if desired, rectify the data provided by him in the context of the contract: any other languages, besides Dutch, in which the contract can be concluded: the codes of conduct to which the underseller has submitted and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the event of a duration transaction. Optional: available sizes, colours, type of materials. 

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer. The offer contains a complete and accurate description of the products and/or services on offer.

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 offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement. Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

Article 5 - The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfils the conditions stipulated. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.

With the product or service, the entrepreneur will provide the consumer with the following general terms and conditions to the consumer. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that, at the consumer's request, they will be sent free of charge as soon as possible.


If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favourable to him. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision concerned shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.

Situations not provided for in these general terms and conditions should be assessed 'in the spirit of these general terms and conditions. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit of these general terms and conditions. 



information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
1. the visiting address of the trader's establishment to which the consumer can address complaints
2. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or
or a clear statement about the exclusion of the right of withdrawal;
3. the information on guarantees and existing after-sales services;
4. the data included in article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the
consumer before the implementation 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 case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal


When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of 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 reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product.

If he exercises his right of withdrawal, he will return the product to the trader with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the trader within 14 days of receiving the product. The consumer should make this known by means of a written message/email. After the consumer has expressed his wish to exercise the right of withdrawal, he must return the product within 14 days.

The consumer must prove that the delivered goods were returned in time, e.g. by means of proof of dispatch. If the customer has not expressed his wish to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact. 

Article 7 - Costs in case of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by the consumer. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of complete return can be provided.

Article 8 - Exclusion of right of withdrawal
The trader can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the
trader clearly stated this in the offer, at least in good time before concluding the
agreement, has stated this. Exclusion of the right of withdrawal is only possible for products:
1. that have been created by the entrepreneur in accordance with consumer specifications;
2. that are clearly personal in nature
3. which cannot be returned due to their nature;
4. that spoil or age quickly
5. whose price is subject to fluctuations on the financial market over which the underseller has no influence,
6. for individual newspapers and magazines
7. for audio and video recordings and computer software of which the consumer has broken the seal.
8. for hygienic products of which the consumer has broken the seal.
broken.
Exclusion of the right of withdrawal is only possible for services: 

1. concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;

2. whose delivery has started with the consumer's explicit consent before the expiry of the cooling-off period:

3. concerning betting and lotteries.

Article 9 - The price

During the validity period stated in the offer, the prices of the products and/or services on offer shall 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 that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only allowed if the contractor has stipulated them and:

1. they are the result of legal regulations or provisions; or 2. the consumer is authorised to terminate the agreement with effect from the day on which the price increase takes effect.

Pursuant to Article 5, paragraph 1, Turnover Tax Act 1968, the supply takes place in the country where the transport commences. In the present case, this supply takes place outside EU. Accordingly, the postal or courier service will collect import VAT or clearance charges from the customer. Therefore no VAT will be charged by the entrepreneur.
All prices are subject to printing and printing errors. No liability is accepted for the consequences of misprints and typographical errors. In case of printing and self errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions and/or government regulations on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the ondememer, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement against the entrepreneur can assert.

Any defects or incorrectly delivered products should be reported to the ondememer in writing within 14 days of delivery. Return of the products must be in the original packaging and in new condition. The warranty period of the entrepreneur 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 himself or has had them repaired and/or modified by third parties: The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging; The inadequacy in whole or in part is 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 execution

The company will take the greatest possible care when receiving and executing orders for products. Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this within 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and right to possible 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 at the latest within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the time of delivery to the consumer or a previously designated and made known to the entrepreneur representative, unless otherwise expressly agreed.

Article 12 - Duration transactions: duration, termination and extension

Termination

The consumer may contract for an indefinite period and that extends to
the regular delivery of products (including electricity) or services, at any time terminate in accordance with agreed termination rules and a notice of up to one month. 

The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, subject to termination rules agreed for that purpose and a notice period not exceeding one month. The consumer may terminate the contracts 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 terminate in the same way as they were entered into by him; always terminate with the same notice period as the entrepreneur has stipulated for himself. Renewal contract entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.

 Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months if the consumer is at all times entitled to terminate this prolonged contract at the end of the prolongation with a period of notice that does not exceed one month.

a fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer may terminate this prolonged contract at any time with a period of notice that does not exceed one month and a period of notice that does not exceed three months in the event that the contract provides for the regular supply of daily or weekly newspapers, magazines and periodicals but less than once a month.

A contract with a limited duration for the regular delivery of dog, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment


Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
has received.
The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance. 

Article 14 - Complaints Procedure

Complaints about the implementation of the agreement must be submitted to the entrepreneur within 7 days fully and clearly described, after the consumer has found 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period 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. Cen complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

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