General terms and conditions

These terms and conditions apply to all offers, orders, and agreements with ShipHappens JN, trading under the name ship-happens.eu, located in Beneden-Leeuwen, registered with the Chamber of Commerce under number 97797782.

Article 1 – Definitions

  1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
  2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and supplied in digital form;
  6. Duration agreement: an agreement aimed at the regular delivery of goods, services and/or digital content over a specific period;
  7. Durable medium: any instrument – ​​including email – that enables the consumer or the entrepreneur to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purposes of the information and which allows for the unchanged reproduction of the stored information;
  8. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
  9. ShipHappens JN: the entrepreneur;
  10. Entrepreneur: the natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content and/or services remotely to consumers;
  11. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or partly use is made of one or more techniques for distance communication;
  12. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not need to be provided if the consumer does not have a right of withdrawal in relation to their order;
  13. Distance communication technology: a means by which a contract can be concluded without the consumer and the trader having to be in the same place at the same time.

Article 2 – Identity of ShipHappens JN
Accessibility:

  1. ShipHappens JN can be reached by email. We aim to respond to your email within 3 business days. Our email address is info@ship-happens.eu .

Article 3 – Applicability

  1. These terms and conditions apply to the entire ship-happens.eu website, as well as to the products sold by ShipHappens JN. This is an agreement between ShipHappens JN and the consumer who purchases a product sold by ShipHappens JN on the ship-happens.eu website.

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If ShipHappens JN uses images, these are a true representation of the products offered. Obvious errors or mistakes in the offer are not binding on ShipHappens JN.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The Agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
  2. If the consumer has accepted the offer electronically, ShipHappens JN will immediately confirm receipt of acceptance electronically. As long as ShipHappens JN has not confirmed receipt of this acceptance, the consumer may cancel the agreement.
  3. If the agreement is concluded electronically, ShipHappens JN will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, ShipHappens JN will implement appropriate security measures.
  4. ShipHappens JN may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, ShipHappens JN has good reason not to enter into the contract, it is entitled to reject an order or request with reasons or to impose special conditions on its execution.
  5. ShipHappens JN will provide the consumer with the following information in writing, or in such a way that the consumer can store it in an accessible manner on a durable data carrier, at the latest upon delivery of the product:

The visiting address of the ShipHappens JN establishment where the consumer can submit complaints; 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 guarantees and existing after-sales service; the price including all taxes of the product; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract; the requirements for terminating the contract if its duration exceeds one year or is of indefinite duration; if the consumer has a right of withdrawal, the model withdrawal form.

  1. 1 In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 – Right of withdrawal
For products:

  1. The consumer can cancel a product purchase agreement within a cooling-off period of at least 30 days without giving any reason. ShipHappens JN may ask the consumer for the reason for cancellation, but is not obligated to state their reason(s).
  2. The reflection period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance who is not the carrier, has received the product, or:

If the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by the consumer, received the last product. ShipHappens JN may refuse an order for multiple products with different delivery times, provided that it has clearly informed the consumer of this prior to the ordering process; if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by the consumer, received the last shipment or the last part; in the case of agreements for regular delivery of products over a specific period: the day on which the consumer, or a third party designated by the consumer, received the first product.

Extended reflection period if not informed about right of withdrawal:
3. If ShipHappens JN has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period will expire twelve months after the end of the original withdrawal period determined in accordance with the previous paragraphs.
4. If ShipHappens JN provides the information within twelve months after the commencement date of the original reflection period, the reflection period will expire 30 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period

  1. During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine its nature, characteristics, and functioning. The basic principle is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
  2. The consumer is only liable for any diminished value of the product resulting from the handling of the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for any diminished value of the product if ShipHappens JN has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer exercises his right of withdrawal, he reports this within the cooling-off period using the model withdrawal form or in another unambiguous manner to ShipHappens JN.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) ShipHappens JN.
  3. The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by ShipHappens JN.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer shall bear the direct costs of returning the product, unless ShipHappens JN has indicated that it will bear these costs itself.
  6. The consumer shall not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if:

He has not expressly agreed, prior to delivery, to the commencement of the performance before the end of the cooling-off period; he has not acknowledged that he loses his right of withdrawal; and ShipHappens JN has not confirmed this statement.

  1. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 – Obligations of ShipHappens JN in case of revocation

  1. If ShipHappens JN makes it possible for the consumer to notify the withdrawal electronically, it will immediately send an acknowledgement of receipt after receiving this notification.
  2. ShipHappens JN will reimburse all payments made by the consumer, including any delivery costs charged by ShipHappens JN for the returned product, without delay, but within 14 days of the day on which the consumer notified them of the withdrawal. Unless ShipHappens JN offers to collect the product itself, it may withhold reimbursement until it has received the product or until the consumer proves that they have returned the product, whichever is earlier.
  3. ShipHappens JN will use the same payment method the consumer used for the refund, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, ShipHappens JN is not obliged to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal
ShipHappens JN may exclude the following products and services from the right of withdrawal, but only if this has been clearly stated in the offer, at least in good time before the agreement is concluded:

  1. Products or services whose price is subject to fluctuations in the financial market over which ShipHappens JN has no influence and which may occur within the withdrawal period;
  2. Agreements concluded during a public auction;
  3. Service agreements, after full performance of the service, but only if:

The performance has begun with the consumer's express prior consent and the consumer has declared that he will lose his right of withdrawal once ShipHappens JN has fully performed the agreement;

  1. 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, the transport of goods, car rental services and catering;
  2. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;
  3. Products manufactured to consumer specifications;
  4. Products that spoil quickly or have a limited shelf life;
  5. Sealed products which are not suitable for return for reasons of health protection or hygiene and were unsealed after delivery;
  6. Products which after delivery are irreversibly mixed with other products by their nature;
  7. Alcoholic beverages, the price of which has been agreed upon at the time the agreement is concluded, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which ShipHappens JN has no influence;
  8. Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
  9. Newspapers, periodicals or magazines, except subscriptions thereto;
  10. The supply of digital content other than on a tangible medium, but only if:
  • the performance has begun with the consumer's express prior consent; and
  • the consumer has declared that he loses his right of withdrawal.

Article 11 – The price

  1. During the validity period stated in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.
  2. Notwithstanding the previous paragraph, ShipHappens JN may offer products with variable prices subject to fluctuations in the financial market. This subjection to fluctuations and the fact that any stated prices are indicative prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if:

These are the result of statutory regulations or provisions; whether the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect; the prices stated in the product offer are inclusive of VAT.

Article 12 – Compliance with the agreement and additional warranty

  1. ShipHappens JN guarantees that the products comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed upon, ShipHappens JN also guarantees that the product is suitable for other than normal use.
  2. An additional warranty provided by ShipHappens JN, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against ShipHappens JN under the agreement if he fails to fulfil his part of the agreement.
  3. An extended warranty is understood to mean any obligation of ShipHappens JN, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to.

Article 13 – Delivery and execution

  1. ShipHappens JN will take the utmost care when receiving and executing orders for products.
  2. The place of delivery is the address that the consumer has provided to ShipHappens JN.
  3. Subject to the provisions of Article 4 of these terms and conditions, ShipHappens JN will fulfill accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.
  4. After termination in accordance with the previous paragraph, ShipHappens JN will immediately refund the amount paid by the consumer.
  5. The risk of damage and/or loss of products rests with ShipHappens JN until the moment of delivery to the consumer or a pre-designated representative, unless expressly agreed otherwise.

Article 14 – Payment

  1. Unless otherwise stated in the agreement or additional conditions, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or - in the absence thereof - within 14 days after the conclusion of the agreement.
  2. The consumer may never be obliged in the general terms and conditions to make an advance payment of more than 50%.
  3. The consumer is obliged to report any inaccuracies in payment details provided or stated to ShipHappens JN without delay.
  4. If the consumer does not meet his payment obligation(s) on time, after ShipHappens JN has informed him of the late payment and has given him a period of 14 days in which to pay, if payment is not made within this period, he will owe statutory interest and ShipHappens JN will be entitled to charge extrajudicial collection costs.

Article 15 – Complaints procedure

  1. ShipHappens JN has a well-publicised complaints procedure and handles complaints in accordance with this procedure.
  2. Complaints regarding the performance of the agreement must be submitted to ShipHappens JN within a reasonable time after discovery, fully and clearly described.
  3. Complaints will be answered within 14 days. If a complaint requires a longer processing time, an indication will be provided within this period of when the consumer can expect a more detailed response.
  4. Complaints can also be submitted via the complaints form on the Thuiswinkel.org website.
  5. The consumer must give ShipHappens JN at least four weeks to resolve the complaint amicably. After that, a dispute arises that is subject to the dispute resolution procedure.

Article 16 – Disputes

  1. Agreements between ShipHappens JN and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
  2. Disputes can be submitted to the Thuiswinkel Disputes Committee.
  3. A dispute will only be dealt with if the consumer has first submitted the complaint to ShipHappens JN.
  4. Disputes must be initiated within 12 months of the complaint being filed.
  5. If ShipHappens JN wishes to submit a dispute, the consumer must respond within five weeks.
  6. The Disputes Committee makes a decision by means of binding advice.
  7. The committee will not handle disputes if ShipHappens JN is bankrupt or has been granted a suspension of payments.
  8. In the case of multiple competent committees, the Thuiswinkel Disputes Committee has preferential jurisdiction.

Article 17 – Industry Guarantee

  1. The Dutch Thuiswinkel Organization guarantees compliance with binding advice orders up to €10,000. For higher amounts, efforts are made to enforce compliance.
  2. This guarantee requires that the consumer transfers his claim to the Thuiswinkel Organisatie.

Article 18 – Additional or deviating provisions
Additional or deviating provisions may not be to the detriment of the consumer and must be recorded in writing or on a durable data carrier.

Article 19 – Amendment of the general terms and conditions

  1. ShipHappens JN may change these terms and conditions at any time. The terms and conditions in effect at the time of purchase apply.
  2. Changes will only be valid after they have been published appropriately. In the event of changes during an offer, the most favorable provision for the consumer applies.