1. General, applicability
1.1 JIKX (JIKX) is a partnership with its registered office at Regentesselaan 37, 1405 EK, Bussum, The Netherlands. JIKX is registered with the Chamber of Commerce under number 57387966, VAT registration number NL 852 558673B01. JIKX is contactable via email address email@example.com. More information about JIKX and the products it supplies can be found on its website: www.jikx.nl
1.2 Throughout these general terms and conditions the following definitions apply:
- Contract: every arrangement on the basis of which JIKX supplies a Customer with Clothing ordered by the Customer.
- Clothing: Articles offered for sale by JIKX via its website, including clothing currently in stock.
- Content: (digital) information such as text, data, moving, static and graphic images and information in any other format located on the Website and in any materials provided by JIKX.
- Customer: any legal or natural person resident in the Netherlands and over the age of 18, who places an order via the JIKX Webshop.
- Terms and Conditions: these General Terms and Conditions
- Webshop: the webshop operated by JIKX via its Website
- Website: the website www.jikx.nl
1.3 These Terms and Conditions apply to all Contracts, including those entered into at distance, between JIKX and each Customer who purchases Clothing via the Webshop. On placing an order through the Webshop, a Customer is deemed to have accepted these Terms and Conditions.
1.4 If any provision under these Terms and Conditions is found to be invalid or unenforceable it shall be replaced by a valid provision that best reflects the intended purpose of the invalid or unenforceable provision. The remaining provisions shall be unaffected.
1.5 Any obvious clerical errors and mistakes found on the Website, or in emails sent by JIKX or in other materials are not binding on JIKX. JIKX is in no way liable for any damage resulting from such an obvious error or mistake.
1.6 JIKX has the right to change its Terms and Conditions at any time. This will be done by posting the new, modified Terms and Conditions on the Website. For this reason, the Customer should regularly consult these Terms and Conditions.
1.7 JIKX is entitled to transfer its rights and obligations (or a part thereof) under a Contract to a third party without the prior written consent of the Customer.
2. Offers, confirmation and creation of a Contract
2.1 All offers made by JIKX via the Website are non-binding. If an offer is for a limited time period or has additional conditions attached, this will be explicitly stated on the Website. An offer lapses if the Clothing to which it relates is no longer available. Clothing placed in the (online) shopping basket is not reserved and remains available for purchase to other Customers.
2.2 The Website contains a complete and accurate description of the Clothing offered for sale.
2.3 After the Customer has placed an order via the Webshop, JIKX will send an email confirming receipt of the order. JIKX will then verify the order and the related payment. JIKX will send another email at the moment of dispatch of the ordered Clothing. A Contract will be formed between the Customer and JIKX when JIKX sends an email to confirm that an item of Clothing ordered via the Webshop has been dispatched. Acceptance is complete at the time that JIKX sends this email to the Customer.
3. Approval of an order and registration
3.1 JIKX has the right to refuse an order placed by a Customer for example if payment is not authorised, the articles offered for sale do not meet JIKX’s quality standards or when an item is not (no longer) in stock.
3.2 JIKX also has the right to refuse, or not approve of, any order without reason.
3.3 If in accordance with the provisions of Article 3.1 or 3.2 JIKX does refuse an order or an item is removed from the Webshop, regardless of whether this article has been sold, JIKX shall not be liable to the Customer or any third party for any damages whatsoever.
3.4 Before placing an order via the Webshop, the Customer must register. To do so, the Customer must enter his/her name, telephone number, delivery address, email address and other required details. In addition, the Customer must provide payment information. The Customer warrants that such payment and other information is valid and accurate. In addition, the Customer warrants that they are the person indicated in the invoice details.
3.5 Only a Customer who possesses a valid bank account can place orders via the Webshop.
3.6 The Customer authorises JIKX to debit the total amount for an order from his/her bank account.
4. Provisions relating to the purchase of clothing
4.1 Despite the high quality of the photographed images of the Clothing, the Customer must accept colours indicated may vary from the actual colour of an article. The sizes and or dimensions of Clothing offered for sale are those indicated on the label in the Clothing or as measured by JIKX. In case of doubt, the Customer may contact JIKX via firstname.lastname@example.org.
4.2 When purchasing Clothing via the Webshop, the Customer has the right to terminate the Contract without providing any reason and to return the Clothing within 14 days. This period commences on the day after receipt of the Clothing by the Customer or his/her (designated) representative (e.g. a neighbour). The Customer must inform JIKX within the 14 day period that he/she wishes to exercise his/her right to return the Clothing.
4.3 During the aforementioned period the Customer shall handle the Clothing, labels, tags and packaging with care. The Customer shall only remove packaging and use the Clothing to the extent necessary in order to decide whether or not he/she wishes to keep the Clothing. If the Customer makes use of his/her ‘right to return’ the Clothing must be returned to JIKX, together with all related accessories in the original condition and the original packaging (including bar-codes and other labels) in accordance with the instructions received from JIKX. The costs of returning any articles are for the Customer irrespective of the reason for return. The amount paid by the Customer (excluding postage) shall be refunded by JIKX as soon as possible and in any case no later than 30 days after the returned items have been received.
4.4 After the Customer has indicated within the 14 day period that they wish to return any item of Clothing to JIKX they must do so as soon as possible and in any case within 5 days of delivery of the Clothing to the Customer.
5. Delivery times, delivery and shipping
5.1 The place of delivery is the address (exclusively in the Netherlands) given by the Customer to JIKX via the Webshop during the registration process.
5.2 If the items ordered are in stock JIKX will dispatch the accepted order as soon as possible, but in any case no later than 10 working days after it has been placed via the Webshop, unless a longer delivery period has been agreed. JIKX will send the Customer a notification of dispatch email at the moment that dispatch takes place. If a delivery is delayed by more than 20 days, or if (part of) an order can not be dispatched because (part of) the order is not in stock, the Customer will receive a message notifying him/her of this as soon as possible. The Customer then has the right to terminate the Contract without incurring any costs, in which case JIKX will refund the amound paid for the items to the Customer as soon as possible and in any case within 7 days of the termination of the Contract.
5.3 The Customer must accept the delivered Clothing at the moment that it is placed at the Customer’s disposal. If the Customer refuses or fails to provide the necessary information to make delivery of the order possible then JIKX has the right to retain the Clothing at the cost and risk of the Customer.
5.4 JIKX reserves the right to make partial deliveries of an order to a Customer, in which case an order may be sent in two or more shipments.
5.5 The order will be sent via a logistics service provider designated by JIKX, at the expense of the Customer. If a Customer places an order of more than € 99.95 then no postage and packaging costs will be charged. If a Customer so wishes, an order can be insured or sent by registered mail. The Customer must inform JIKX of his/her desire to make use of this service whilst ordering the Clothing via email@example.com.
5.6 The Customer is responsible for checking the quality, accuracy etc. of the Clothing as soon as possible after delivery and in any case within 24 hours of receipt. Any defects must be notified within this 24 hour period via firstname.lastname@example.org. If the delivery does not correspond with the order or is not what the Customer expected then he/she has the right, in accordance with Article 4, to return the Clothing within 14 days. If the Customer wishes to make a complaint about any item of Clothing then he/she should contact JIKX as soon as possible via email@example.com. JIKX will respond to any complaint within 10 working days.
6. Price, payment and collection costs
6.1 Prices stated in the Webshop are in Euros and are include BTW (VAT) but exclude postage (but see also Article 5.6).
6.2 After an order has been placed via the Webshop, JIKX confirms receipt of the order indicating the total cost of the order, including postage, via an email to the Customer.
6.3 Payment of the total fee payable must be made via Ideal or an alternative online payment system immediately after the order has been placed.
6.4 Shipment of the order will only be arranged after payment has been received.
7.1 JIKX is only liable for damages arising out of or related to a shortcoming or wrongful act caused by intent or gross negligence on the part of JIKX. This liability is limited to direct damages up to the invoice value of the relevant order.
7.2 JIKX is not liable for damages of any kind arising as a result of incorrect and/or incomplete information provided by the Customer.
7.3 JIKX accepts no liability whatsoever for loss of mail by the logistics services provider.
7.4 JIKX is not liable for any damages or costs resulting from the use of electronic payment systems or electronic means of communication, including but not limited to damages due to non-delivery or delayed delivery of electronic messages, interception or manipulation of electronic messages by third parties or by computer programmes used for electronic communications and transmission of computer viruses. JIKX uses standard generally accepted security systems.
8. Force majeure
8.1 JIKX is not obliged to perform any of its obligation to the Customer if it is hindered by a force majeure.
8.2 Force majeure is present if a shortcoming is due to circumstances beyond the control of JIKX, including but not limited to war or similar situations, riots, strikes, occupation, blockade, illness of JIKX’s personnel, failure of suppliers and/or delivery companies used by JIKX, acts of government such as a ban on transport, natural disasters, bad weather, lightning, fire and explosion. JIKX also has the right to invoke force majeure if the circumstance rendering (further) performance of the Contract impractical occurs after JIKX should have fulfilled its obligations.
8.3 During the period that the force majeure situation exists, JIKX may suspend its obligations under the Contract. If this period continues for longer than one month, either party is entitled to terminate the Contract without liability to pay compensation to the other party.
9. Intellectual Property
All intellectual property rights, including (but not limited to) copyright and design right, in JIKX designs and Clothing offered for sale, the Website, the Content (images and text on the Website) and all the materials delivered by JIKX to the Customer, including brochures, pamphlets etc are vested exclusively in JIKX unless otherwise indicated. JIKX has registered the trade mark JIKX both as a word and image in the Benelux under number 950965.
10.1 JIKX operates the Website and the services offered through it and processes the personal data of Customers in accordance with the JIKX Privacy & Cookie Statement. The Privacy & Cookie Statement forms an integral part of these Terms and Conditions. The Customer confirms that he/she has taken note of the Privacy & Cookie Statement and has accepted it as part of these Terms and Conditions.
10.3 The personal data will not be used by third parties, other than where this is necessary in order to perform the Contract (for example, by the company delivering the Clothing).
10.4 If during the registration process the Customer has indicated that he/she wishes to do so, he/she will receive the JIKX newsletter. The Customer can unsubscribe from the newsletter at any time by sending us an e-mail or unsubscribe through the link at the bottom of the newsletter.
11. Applicable law and jurisdiction
11.1 These General Terms and Conditions, all Contracts and other legal relations of/with JIKX are exclusively governed by Dutch law.
11.2 Any disputes shall be exclusively submitted to the competent court in Amsterdam.
These general terms and conditions were last updated on 10 July 2014
© 2014 JIKX