Terms of service
Article 1 - Applicability
These general conditions apply to every offer of JacobNora AUS and to every distance contract concluded between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, JacobNora AUS will, before the distance agreement is concluded, indicate in what way the general conditions can be inspected at JacobNora AUS 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, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general conditions may 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, at the consumer's request, they will be sent electronically or otherwise free of charge. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions the consumer can always rely on the applicable provision that is most favorable to him.Â
Article 2 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If JacobNora AUS uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind JacobNora AUS.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and fulfillment of the conditions set forth therein.
If the consumer has accepted the offer electronically, JacobNora AUS will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by JacobNora AUS, the consumer can dissolve the agreement. After receipt of this confirmation, it is no longer possible for the consumer to dissolve or cancel the agreement: however, the consumer can use the right of withdrawal (article 6).
If the agreement is established electronically, JacobNora AUS will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, JacobNora AUS will observe appropriate security measures for this purpose.
JacobNora AUS can inform itself - within legal frameworks - 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 distance contract. If, based on this investigation, JacobNora AUS has good grounds not to enter into the agreement, it has the right to refuse an order or application or to attach special conditions to the execution, while stating its reasons.JacobNora AUS will, no later than upon delivery of the product, service or digital content, send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the visiting address of the branch of JacobNora AUS where the consumer can go with complaints;
the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
the information on guarantees and existing after-sales service;
the price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.
In case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.
Article 3 - Obligations of the consumer during the reflection period
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for diminished value of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph 1.
The consumer is not liable for depreciation of the product if JacobNora AUS did not provide him with all legally required information about the right of withdrawal before or at the conclusion of the contract.
Article 4 - Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer exercises his right of withdrawal, he shall notify JacobNora AUS within the withdrawal period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 30 days from the day following the notification referred to in paragraph 1, the consumer returns the product, or hands it to (an authorized representative of) JacobNora AUS. This is not required if JacobNora AUS has offered to pick up the product itself. The consumer has met the return period in any case if he returns the product before the cooling-off period has expired.
The consumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by JacobNora AUS.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct cost of returning the product. If JacobNora AUS has not notified the consumer that the consumer must bear these costs or if JacobNora AUS indicates that it will bear the costs itself, the consumer does not have to bear the cost of return shipment.Â
The consumer shall not bear any costs for the supply, in full or in part, of digital content not supplied on a tangible medium if:
he has not expressly consented, prior to its delivery, to the beginning of the performance of the contract before the end of the withdrawal period;
He has not acknowledged losing his right of withdrawal when giving his consent; or
JacobNora AUS has failed to confirm this declaration by the consumer.
If the consumer exercises his right of withdrawal, all additional agreements shall be dissolved by operation of law.
Article 5 - Obligations of JacobNora AUS in case of revocation
If JacobNora AUS enables the consumer's notification of withdrawal by electronic means, it will send a confirmation of receipt without delay upon receipt of this notification.
JacobNora AUS will refund all payments made by the consumer, including any delivery costs charged by JacobNora AUS for the returned product, without delay but within 14 (fourteen) days following the day on which the consumer notifies him of the withdrawal. Unless JacobNora AUS offers to pick up the product itself, it may wait to refund until it has received the product or until the consumer proves that he has returned the product, whichever is earlier.
JacobNora AUS will use the same means of payment used by the consumer for repayment, unless the consumer agrees to another method. The refund is free of charge to the consumer.
If the consumer has chosen a more expensive method of delivery than the least expensive standard delivery, JacobNora AUS does not have to refund the additional costs for the more expensive method.
Article 6 - Exclusion of the right of withdrawal.
JacobNora AUS may exclude the following products and services from the right of withdrawal, but only if JacobNora AUS has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:
Products or services whose price is subject to fluctuations in the financial market over which JacobNora AUS has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction means a method of sale where products, digital content and/or services are offered by JacobNora AUS to consumers who attend or are given the opportunity to attend the auction in person, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
Service contracts, after full performance of the service, but only if:
the performance has begun with the express prior consent of the consumer; and
the consumer has declared that he loses his right of withdrawal once JacobNora AUS has fully performed the contract;
Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, carriage of goods, car rental services and catering;
Contracts relating to leisure activities, if the contract provides for a specific date or period of performance thereof;
Products manufactured according to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products which after delivery are by their nature irrevocably mixed with other products;
Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which JacobNora AUS has no influence;
Sealed audio, video recordings and computer software, whose seal has been broken after delivery;
Newspapers, magazines or journals, with the exception of subscriptions to them;
The delivery of digital content other than on a tangible medium, but only if:
The performance has started with the express prior consent of the consumer; and
the consumer has declared that he thereby loses his right of withdrawal.
Article 7 - The price
During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, JacobNora AUScan offer products or services whose prices are subject to fluctuations in the financial market and over which JacobNora AUS has no influence, 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 agreement are only allowed if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if JacobNora AUS has stipulated it and:
they are the result of legal regulations or provisions; or
the consumer has the authority to cancel the agreement from the day the price increase takes effect.
The place of delivery pursuant to Article 5, paragraph 1, Turnover Tax Act 1968 takes place in the country where the transport begins. In the present case, this delivery 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 typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Special additional customs clearance charges and/or import duties are not included in the price and shall be borne by the customer.
Article 8 - Compliance with the agreement and additional warranty
JacobNora AUS guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of conclusion of the agreement. If agreed JacobNora AUS also guarantees that the product is suitable for other than normal use.
An additional warranty provided by JacobNora AUS , its supplier, manufacturer or importer will never limit the legal rights and claims the consumer can assert against JacobNora AUS on the basis of the agreement if JacobNora AUS has failed to fulfill its part of the agreement.
Additional warranty means any commitment by JacobNora AUS , its supplier, importer or manufacturer in which it grants the consumer certain rights or claims beyond what the consumer is legally obligated to do in case he has failed to fulfill his part of the agreement.
Article 9 - Delivery and execution
JacobNora AUS will take the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address the consumer has made known to JacobNora AUS.
Taking into account what is stated in article 4 of these general terms and conditions, JacobNora AUS will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed upon. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be notified no later than 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.
After dissolution in accordance with the previous paragraph, JacobNora AUS will refund the amount paid by the consumer without delay.
The risk of damage and/or loss of products rests with JacobNora AUS until the moment of delivery to the consumer or a representative designated in advance and made known to JacobNora AUS, unless expressly agreed otherwise.
Article 10 - Duration transactions: duration, termination and renewal
Termination:
The consumer may at any time terminate a contract entered into for an indefinite period and which extends to the regular delivery of products or services, with
termination with due observance of agreed termination rules and a notice period not exceeding one month.
The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products or services at any time at the end of the fixed term in compliance with the applicable termination rules and a notice period not exceeding one month.
The consumer may the agreements mentioned in the previous paragraphs:
terminate at any time and not be limited to termination at a specific time or period;
terminate at least in the same way as these agreements were entered into by him;
always cancel with the same notice period as JacobNora AUS has stipulated for itself.
Renewal:
An agreement entered into for a definite period of time, the purpose of which is the regular delivery of products or services, may not be tacitly extended or renewed for a definite period of time.
Notwithstanding the previous paragraph, a fixed-term contract may be tacitly renewed for a fixed term of no more than three months if the consumer can terminate this renewed contract by the end of the renewal with a notice period of no more than one month.
A fixed-term contract that has been entered into for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate at any time with a notice period not exceeding one month.
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 11 - Payment
Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer should be paid within 14 (fourteen) days after the start of the reflection period, or in the absence of a reflection period within 14 (fourteen) days after the conclusion of the agreement. In the case of an agreement to provide a service, this period begins on the day after the consumer receives the confirmation of the agreement.
When selling products to consumers, general terms and conditions may never require the consumer to pay more than 50% in advance. Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to JacobNora AUS
If the consumer does not fulfill his payment obligation(s) on time, he is, after JacobNora AUS has informed him of the late payment and JacobNora AUS has granted the consumer a period of 14 (fourteen) days to still fulfill his payment obligations. If payment is not made within this 14-day period, statutory interest will be charged on the amount still owed and JacobNora AUS will be entitled to charge the extrajudicial collection costs incurred by it. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. JacobNora AUS may deviate from the stated amounts and percentages for the benefit of the consumer.
Article 12 - Information
We are a young and enthusiastic team that focuses on offering an extensive range of products at competitive prices. Our mission is to provide you with a great online shopping experience, where you can always find what you are looking for quickly and efficiently. Company Info:
Contact:
Email: info.jacobnora.aus@gmail.com
Phone: +61485985902
Address:
JacobNora AUS by T Ventures Limited
Rm 01, 26th Floor, Working
View Comm Building, 21 Yiu
Wah Street, Causeway Bay
Hong Kong
Business Number:Â 77248227
D-U-N-S Number:Â 765240637
Our webshop offers a range of products, from fashion and beauty to electronics and household items. Our products are carefully selected and updated to ensure you can always find the latest trends and must-haves.
Article 13 – Complaints procedure
JacobNora AUS has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to JacobNora AUS within a reasonable time after the consumer has discovered the defects.
Complaints submitted to JacobNora AUS will be answered within a period of 14 (fourteen) days from the date of receipt. If a complaint requires a foreseeably longer processing time, JacobNora AUS will respond within 14 (fourteen) days with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.
Article 14 – Disputes
Agreements between JacobNora AUS and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. All disputes arising from the agreement and/or these general terms and conditions will be submitted to the competent court of the district where JacobNora AUS has its office.
Article 15 – Additional or deviating 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.
Contact:
Email: info.jacobnora.aus@gmail.com
Phone:Â +61485989230
Address:
JacobNora AUS by Jelle Ecom
Timberwolfstraat 32
Standdaarbuiten 4758 AK
Netherlands
Business Number: 96499532
D-U-N-S Number: 473369359
Business Hours:Â Monday - Friday 10:00 a.m. - 7:00 p.m AEST