General terms and conditions

General Terms and Conditions Jumbi Kids

Please note: No rights can be derived from these general terms and conditions. Consult a lawyer if you have any doubts about their content.

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - Conclusion of the agreement
Article 6 - Execution of the agreement
Article 7 - Delivery
Article 7A - Packaging and transport
Article 8 - Investigation, complaints
Article 9 - Prices
Article 10 - Payment and collection policy
Article 11 - Warranty
Article 12 - Suspension and termination
Article 13 - Limitation of liability
Article 14 - Transfer of risk
Article 15 - Force Majeure
Article 16 - Intellectual property rights
Article 17 - Privacy, data processing and security
Article 18 - Complaints
Article 19 - Applicable law

Article 1 - Definitions

In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise.
Jumbi Kids : The website www.jumbikids.nl .
Consumer : A natural person who is not acting in the exercise of his profession or business.
Buyer : The Consumer who enters into an agreement (at a distance) with Jumbi Kids.
Company : The natural or legal person acting in the exercise of a profession or business.
Offer : Any written offer to Buyer for the delivery of products by Jumbi Kids.
Products : The products offered by Jumbi Kids.
Agreement : The purchase agreement (at a distance) that extends to the sale and delivery of products purchased by the Buyer from Jumbi Kids.
Website : The website that Jumbi Kids uses is https://www.jumbikids.nl .

Article 2 - Identity of the entrepreneur

Jumbi Kids
Located at: Verlegde Overtoom 11, 1901 EX Castricum
Email address: info @jumbikids .nl
Chamber of Commerce number: 88402452
VAT identification number: NL004598729B54

Article 3 - Applicability

These general terms and conditions apply to every Offer from Jumbi Kids and every agreement between Jumbi Kids and a Buyer and to every product offered by Jumbi Kids. The present terms and conditions also apply to all agreements with Jumbi Kids, for the execution of which third parties must be involved.
Before a (remote) agreement is concluded, the Buyer will be provided with these general terms and conditions. If this is not reasonably possible, Jumbi Kids will indicate to the Buyer how the Buyer can view the general terms and conditions, which are in any case published on the website(s) of Jumbi Kids, so that the Buyer can easily save these general terms and conditions on a durable data carrier.
Deviation from these general terms and conditions is in principle not possible. The applicability of any (other) general or (purchase) conditions of the Buyer is expressly rejected. Only the general terms and conditions of Jumbi Kids apply to all orders agreed with Jumbi Kids. In exceptional situations, the general terms and conditions may be deviated from if this has been explicitly agreed in writing with Jumbi Kids.
These general terms and conditions also apply to additional, amended and follow-up agreements with Buyer.
If one or more provisions of these general terms and conditions are or become partially or completely null and void, the other provisions of these general terms and conditions will remain in force and the null and void/annulled provision(s) will be replaced by a provision with the same purport as the original provision.
Any ambiguities regarding the content, explanation or situations not covered by these general terms and conditions should be assessed and interpreted in accordance with the spirit of these general terms and conditions.

Article 4 - The offer

All offers made by Jumbi Kids are without obligation, unless explicitly stated otherwise in writing. If the offer is limited or valid under specific conditions, this will be explicitly stated in the offer. A quotation only exists if it has been recorded in writing.
The quotations made by Jumbi Kids are without obligation. Jumbi Kids is only bound to the quotation if the acceptance thereof is confirmed in writing by the Buyer within 30 days, or because Jumbi Kids sends an invoice based on what has been purchased by the Buyer and has been recorded in writing on the spot. Nevertheless, Jumbi Kids has the right to refuse an agreement with a potential Buyer for a reason that is justified for Jumbi Kids.
The offer contains a complete and accurate description of the product offered. The description is detailed enough for the Buyer to be able to make a proper assessment of the offer. Obvious mistakes or errors in the offer cannot bind Jumbi Kids. The images and specific data in the offer are only an indication and cannot be grounds for any compensation or termination of the agreement (remotely). Jumbi Kids cannot guarantee that the colours in the image exactly match the real colours of the product.
Delivery times on the Jumbi Kids website are indicative and do not entitle the buyer to cancellation or compensation if they are exceeded, unless expressly agreed otherwise.
A composite quotation does not oblige Jumbi Kids to supply part of the items included in the offer or quotation for a corresponding part of the stated price.
In principle, no offers are made. If and to the extent that an offer is made, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and according to the 'as long as supplies last' principle as stated in the offer.

Article 5 - Conclusion of the agreement

The agreement is concluded at the moment that the Buyer has accepted an offer from Jumbi Kids by paying for the relevant product.
An Offer can be made by Jumbi Kids via the webshop.
If Buyer has accepted the Offer by entering into an agreement with Jumbi Kids, Jumbi Kids will confirm the agreement with Buyer in writing by e-mail.
If the acceptance (on minor points) deviates from the offer included in the quotation or invoice, Jumbi Kids is not bound by it. Buyer must pay the entire quotation or invoice, unless Buyer can demonstrate that otherwise has been agreed.
Jumbi Kids is not bound by an Offer if Buyer could reasonably have expected or should have understood that the Offer contained an obvious mistake or typo. Buyer cannot derive any rights from this mistake or typo.
Agreements or contracts can only be entered into by authorized employees, employed or hired persons of Jumbi Kids who are authorized to represent and have written authorization.
Consumers can exercise their right of withdrawal within 14 days. The right of withdrawal is excluded if the Buyer is a company.

Article 6 - Execution of the agreement

Jumbi Kids will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
If and to the extent that proper performance of the agreement so requires, Jumbi Kids has the right to have certain work carried out by third parties at its own discretion.
Buyer shall ensure that all data that Jumbi Kids indicates is necessary or that Buyer reasonably should understand is necessary for the performance of the agreement, are provided to Jumbi Kids in a timely manner. If the data required for the performance of the agreement are not provided to Jumbi Kids in a timely manner, Jumbi Kids shall have the right to suspend the performance of the agreement and/or charge Buyer for the additional costs resulting from the delay at the usual rates.
Jumbi Kids is not liable for damage of any nature whatsoever that has arisen because Jumbi Kids has assumed incorrect and/or incomplete information provided by the Buyer, unless this incorrectness or incompleteness was known to Jumbi Kids.
The buyer indemnifies Jumbi Kids against any claims from third parties in connection with the performance of the

agreement and the cause of which is attributable to the Buyer. 6. Jumbi Kids is entitled to cancel an Offer and/or terminate the agreement if the Buyer fails to pay or meet the obligations.

Article 7 - Delivery

The delivery of the products will take place at the address specified by the Buyer, as stated in the agreement, unless the parties have expressly agreed otherwise.
The delivery time of the products is stated on the website, with the product information. The delivery time is only an indication, and the Buyer cannot derive any rights from this.
If the delivery time is exceeded, the Buyer is not entitled to terminate the agreement or claim damages, unless the delivery time is exceeded unreasonably long.
Jumbi Kids is entitled to carry out the delivery in parts, unless otherwise agreed in writing.
If the Buyer is unable to take delivery of the products at the agreed time, the additional costs for delivery will be borne by the Buyer.

Article 7A - Packaging and transport

The risk of loss or damage to the products subject to the agreement shall pass to the Buyer at the time they are offered to the Buyer or a third party designated by the Buyer.
The products are delivered in the packaging that Jumbi Kids uses. Buyer is not entitled to make adjustments to the packaging without written permission from Jumbi Kids.
Buyer is obliged to inspect the products immediately upon receipt. In case of defects Buyer must report this in writing to Jumbi Kids within 48 hours after receipt.

Article 8 - Investigation, complaints

Buyer is obliged to check immediately upon receipt of the products whether the products comply with the agreement. If there are visible defects or errors, Buyer must report these to Jumbi Kids within 48 hours after delivery.
Complaints about hidden defects must be made within 14 days of discovery. This can only be done in writing.
If the Buyer makes a timely complaint, the Buyer remains obliged to pay for the purchased products, unless Jumbi Kids agrees to take back the products.
If the Buyer submits a valid complaint and Jumbi Kids accepts it, Jumbi Kids will return the defective products or refund the amount to be refunded to the Buyer.

Article 9 - Prices

All prices include VAT and exclude shipping costs, unless stated otherwise.
Jumbi Kids is entitled to increase prices due to increased costs, changes in legislation, and other unforeseen circumstances. In that case, Buyer has the right to terminate the agreement.
If Buyer finds a lower price for a product at a competitor who supplies the same products, Jumbi Kids will ask Buyer for proof in the form of a print screen of the product, the price, and the date of the offer. Based on this, Jumbi Kids can decide to lower the price.

Article 10 - Payment and collection policy

Buyer is obliged to pay the prices, including shipping costs and any additional costs, in the manner indicated in the agreement.
If Buyer does not pay on time, Jumbi Kids has the right to terminate the agreement and take back products. Buyer can in that case be held liable for the extra costs.
If the Buyer fails to pay an invoice, the Buyer shall be liable for all reasonable costs incurred by Jumbi Kids to obtain payment of the claim, including the costs of legal assistance.

Article 11 - Warranty

Jumbi Kids provides the Buyer with a minimum warranty period of 2 years for new products, unless stated otherwise.
The warranty covers defects in the products that are the result of a manufacturing error or material and workmanship defects, but not if these are caused by improper use, normal wear and tear, or other external causes.
The warranty cannot be transferred to third parties.

Article 12 - Suspension and termination

Jumbi Kids is authorized to terminate the agreement and/or suspend the execution of the agreement if:
- Buyer acts in breach of the obligations under the agreement;
- After the conclusion of the agreement, Jumbi Kids becomes aware of circumstances that give good reason to fear that the Buyer will not fulfil his obligations.
Jumbi Kids has the right to terminate the agreement with immediate effect if the Buyer becomes bankrupt or is granted a suspension of payments.
The buyer is not entitled to terminate the agreement unless the law permits this.

Article 13 - Limitation of liability

Jumbi Kids is not liable for any damage suffered by the Buyer as a result of failure to comply with obligations, unless this is due to intent or gross negligence on the part of Jumbi Kids.
In the event of liability of Jumbi Kids, liability is limited to the amount that the Buyer has paid to Jumbi Kids under the agreement.
Buyer indemnifies Jumbi Kids against any claims from third parties arising from the agreement.

Article 14 - Transfer of risk

The risk of the products passes to Buyer at the time of delivery. Jumbi Kids is not responsible for damage that occurs after delivery.

Article 15 - Force Majeure

Jumbi Kids is not liable for failure to comply with obligations under the agreement if this is due to force majeure.
Force majeure means any circumstance beyond the control of Jumbi Kids, as a result of which fulfillment of the obligations under the agreement is reasonably no longer possible.

Article 16 - Intellectual property rights

All intellectual property rights, including but not limited to copyrights, trademarks, and trade names, shall at all times remain with Jumbi Kids or its licensors.
Buyer is not entitled to use the intellectual property rights of Jumbi Kids without prior written permission.

Article 17 - Privacy, data processing and security

Jumbi Kids respects the privacy of the Buyer and acts in accordance with the applicable privacy legislation.
The buyer has the right to inspect, correct and delete his personal data.

Article 18 - Complaints

Buyer has the right to file complaints about the products or services of Jumbi Kids. Complaints must be filed in writing or by e-mail to Jumbi Kids.
Jumbi Kids will respond to the complaint within 14 days of receipt.

Article 19 - Applicable law

Dutch law applies to all legal relationships in which Jumbi Kids is a party.
Disputes arising from the agreement or these general terms and conditions will be submitted to the competent court in the district where Jumbi Kids is established, unless the Buyer has the right to submit the dispute to the competent court according to the law.

Thus determined by Jumbi Kids, as of 3-8-2019