Terms and conditions
These Terms and Conditions govern the sale of products by Jake Nutritionals BV to you. We offer range of services, and sometimes additional terms may apply.
Please read these conditions carefully before placing an order with Jake Nutritionals BV. By placing an order with Jake Nutritionals BV, you signify your agreement to be bound by these conditions.
1. OUR CONTRACT
Your order is an offer to Jake to buy the product(s) in your order. When you place an order to purchase a product from Jake, we will send you a message confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) or the services ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail or post a message on the Message Centre of the website confirming to you that we’ve dispatched the product to you (the “Shipping Confirmation”). If your order is dispatched in more than one package, you may receive a separate Shipping Confirmation for each package, and each Shipping Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Shipping Confirmation. Your contract is with Jake Nutritionals BV. Without affecting your right of cancellation set out in section 2 below, you can cancel your order for a product at no cost any time before we send the Shipping Confirmation relating to that product.
You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the Your Account area of the web site. For each delivery, we will inform you in our Shipping Confirmation if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.
Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
2. RIGHT OF CANCELLATION UP TO 14 DAYS, EXCEPTIONS TO CANCELLATION
Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately) or from the day of the conclusion of the contract, in the case of services or digital content not supplied in a tangible medium (e.g. CD or DVD).
You must inform us (Jake Nutritionals BV, Peizerweg 97N, 9727AJ Groningen, The Netherlands, phone: 0202612655, mail: firstname.lastname@example.org) of your decision to cancel your order. of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
For additional information on the scope, content and instructions for the exercise, please contact our Customer Service or send an email directly to email@example.com.
EFFECTS OF CANCELLATION
We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased.
Note that you must send back the goods by following the instructions available on our return centre no later than 14 days from the day on which us you communicate your cancellation. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).
EXCEPTIONS TO THE RIGHT OF CANCELLATION
The right of cancellation does not apply to:
– the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items;
– the supply of goods made to your specifications or clearly personalized;
– the supply of goods which may deteriorate or expire rapidly;
3. PRICING AND AVAILABILITY
All prices are inclusive of legally applicable VAT.
We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.
Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product’s correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.
We may, in our sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to its products and/or a Third Party Provider’s products or services, subject to any additional terms that Jake establishes on a per promotional code basis. You agree that promo codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Jake; (iii) may be disabled by Jake at any time for any reason without liability to Jake; (iv) may only be used pursuant to the specific terms that Jake establishes for such promo code; (v) are not valid for cash; and (vi) may expire prior to your use. Jake reserves the right to withhold or deduct credits or other features or benefits obtained through the use of promo codes by you or any other user in the event that Jake determines or believes that the use or redemption of the promo code was in error, fraudulent, illegal, or in violation of the applicable promo code terms or these Terms.
4. PRODUCT INFORMATION
Unless expressly indicated otherwise, Jake is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Ingredients may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.
For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on this site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. Jake accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.
When ordering products from Jake for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Jake, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
6. OUR LIABILITY
Jake and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or willful misconduct.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.
7. APPLICABLE LAW
These conditions are governed by and construed in accordance with the laws of the Kingdom of The Netherlands, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the Netherlands, which means that you may bring a claim to enforce your consumer protection rights in connection with these Terms and Conditions in The Netherlands or in the EU country in which you live.
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/odr/. We do not intend to participate in dispute settlement proceedings before a dispute resolution body.
8. AMENDMENTS TO THE TERMS AND CONDITIONS
We reserve the right to make changes to our website, policies, and terms and conditions, including these Terms and Conditions at any time. You will be subject to the terms and conditions, policies and Terms and Conditions in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Terms and Conditions is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Terms and Conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms and Conditions.
10. OUR CONTACT DETAILS
Our contact details are:
Jake Nutritionals BV
Chamber of Commerce: 61730513
VAT NL: NL854465352B01