Terms and Conditions

Just Freedom

Definitions

1. Just Freedom: Just Freedom, established in Tegelen under Chamber of Commerce number 78432537.
2. Customer: the person with whom Just Freedom has been entered into an agreement.
3. Parties: Just Freedom and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

1. These forefathers apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Just Freedom.
2. Parties can only deviate from these terms and conditions if they have explicitly agreed to do so in writing.
3. The parties explicitly exclude the applicability of additional and / or deviating general terms and conditions of the customer or third parties.

Prices

1. All prices that Just Freedom uses are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
2. All prices on which Just Freedom uses for its products or services, on its website or that are otherwise announced, can be changed by Just Freedom at any time.
3. Increases in the cost prices of products or parts thereof, which Just Freedom could not 
anticipated at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to dissolve an agreement 
as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

Samples / Models

If the customer has received a sample or model of a product, then he can 
not derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered with the sample or model.

Consequences not timely pay

1. If the customer does not pay within the agreed term, Just Freedom is entitled to charge interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month. 
2. If the customer is in default, he will also owe extrajudicial collection costs and any compensation to Just Freedom. 
3. The collection costs are calculated on the basis of the Decree on 
compensation for extrajudicial collection costs.
4. If the customer does not pay on time, Just Freedom may suspend its obligations until the customer has fulfilled his payment obligation. 
5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, Just Freedom's claims against the customer are immediately due and payable. 
6. If the customer refuses to cooperate with the execution of the agreement by Just Freedom, he is still obliged to pay the agreed price to Just Freedom. 

Right of complaint

1. As soon as the customer is in default, Just Freedom is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
2. Just Freedom invokes the right of complaint by means of a written or electrical communication. 
3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Just Freedom, unless the parties make other agreements about this.
4. The costs for the return or return of the products are for the account of the customer. 

Right of withdrawal

1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that: 
• the product has not been used
• it is not a product that can spoil quickly, such as food or flowers
• it is not a product that is specially tailored or adapted for the consumer
• it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
• the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
• the product no travel, transport ticket , catering order or form of leisure activity is
• the product is not a separate magazine or newspaper
• it does not concern an (order for) urgent operation
• the consumer has not waived his right of withdrawal
2. The reflection period of 14 days as referred to in paragraph 1 commences to: 
• on the day after the consumer has received the last product or part of 1 order 
• as soon as the consumer
has received the first product • with a subscription 
• as soon as the consumer has purchased a service for the first time 
• as soon as the consumer has confirmed that he will purchase digital content via the internet
3. The consumer can make his appeal to the right of withdrawal known via info@justfreedomshop.com, if desired with the help of the withdrawal form available for download from Just Freedom's website, http://justfreedomshop.com. 
4. The consumer is obliged to return the product to Just Freedom within 14 days after notification of his right of withdrawal, failing which his right of withdrawal will lapse. 
5. The costs for returning will only be borne by Just Freedom if the entire order is returned.
6. If the purchase costs and any other costs (such as shipping and return costs) qualify for reimbursement according to the law, Just Freedom will reimburse these costs
to the consumer within 14 days after  receipt of the timely appeal to the right of withdrawal, on condition that the consumer has returned the product to Just Freedom on time. Right of

suspension

Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

1. Just Freedom can invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices with regard to Just Freedom, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Just Freedom. 
3. Just Freedom is never liable for any damage that the customer may suffer as a result of making use of his right of retention.

Set-off

Unless the customer is a consumer, the customer waives his right to set off a debt owed to Just Freedom against a claim on Just Freedom. 

Retention of title

1. Just Freedom remains the owner of all delivered products until the customer has fully complied with all his payment obligations towards Just Freedom under any agreement concluded with Just Freedom, including claims for non- 
performance.
2. Until then, Just Freedom can invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If Just Freedom invokes its retention of title, the agreement will be deemed dissolved and Just Freedom has the right to claim compensation, lost profit and interest.

Delivery

1. Delivery takes place while stocks last.
2. Delivery takes place at Just Freedom, unless the parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed amounts are not paid or not paid on time, Just Freedom has the right to suspend its obligations until the agreed part has been paid. 
5. In case of late payment, there is a default of creditors, with the result that the customer cannot invoke a late delivery against Just Freedom. 

Delivery time

1. The delivery times stated by Just Freedom are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have explicitly agreed otherwise in writing. 
2. The delivery time starts when the customer has fully completed the (electrical) ordering process and has received an (electrical confirmation) from Just Freedom.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Just Freedom cannot deliver within 14 days after being reminded in writing or the parties have agreed otherwise. 

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time. 

Transport costs

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

Packaging and shipping

1. If the packaging of a delivered product has been opened or damaged, the customer must be able to keep a record of this by the forwarder or delivery person before taking receipt of the product.
2. If the customer himself arranges for the transport of a product, he must report any visible damage to products or the packaging to Just Freedom prior to the transport, failing which Just Freedom cannot be held liable for any damage.

Storage

1. If the customer does not purchase ordered products until later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs as a result of premature or late purchase of products are entirely at the expense of the customer.

Warranty

1. The warranty with regard to products applies exclusively to defects caused by faulty manufacture, construction or material. 
2. The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment they are legally and / or actually delivered, at least under the control of the customer. takes. 

Indemnification

The customer indemnifies Just Freedom against all claims from third parties related to the products and / or services delivered by Just Freedom.

Complaints

1. The customer must examine a product or service provided by Just Freedom for possible shortcomings as soon as possible.
2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Just Freedom of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. .
3. Consumers must inform Just Freedom of this within 2 months after discovery of the shortcomings. 
4. The customer provides a description of the shortcoming that is as detailed as possible, so that Just Freedom is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can and in any case not result in Just Freedom being obliged to perform other work than agreed.

Notice of

default 1. The customer must make notice of default known in writing to Just Freedom.
2. It is the responsibility of the customer that a notice of default actually reaches Just Freedom (on time). 

Joint and several liability of customer

If Just Freedom enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts that they owe to Just Freedom under that agreement.

Liability Just Freedom

1. Just Freedom is only liable for any damage that the customer suffers if and insofar as that damage is caused by intent or deliberate recklessness.
2. If Just Freedom is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement. 
3. Just Freedom is never liable for indirect damage, such as consequential damage, loss of profit, lost savings or damage to third parties.
4. If Just Freedom is liable, this liability is limited to the amount that is paid out by a concluded (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to (part of the) invoice amount to which the liability relates. 
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and / or (partial) dissolution of the agreement and / or suspension of any commitment. 

Expiration period

Any right of the customer to compensation from Just Freedom expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Dutch Civil Code. 

Right to dissolution

1. The customer has the right to dissolve the agreement if Just Freedom culpably fails to fulfill its obligations, unless this shortcoming does not justify dissolution in view of its special nature or minor significance. 
2. If the fulfillment of the obligations by Just Freedom is not permanent or temporarily impossible, dissolution can only take place after Just Freedom is in default. 
3. Just Freedom has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Just Freedom has taken cognizance of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill its obligations. 

Force of the majority

1. In addition to the provisions of Article 6:75 of the Civil Code, a failure by Just Freedom in the fulfillment of any obligation towards the customer cannot be attributed to Just Freedom in a situation independent of Just Freedom's will, as a result of which the fulfillment of his obligations towards the customer is wholly or partly prevented or as a result of which the fulfillment of his obligations cannot reasonably be extended by Just Freedom. 
2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to -: a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure on the part of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures, computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work stoppages. 
3. If a force majeure situation occurs as a result of which Just Freedom is unable to fulfill one or more obligations towards the customer, then those obligations will be suspended until Just Freedom can comply with them again.
4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Just Freedom does not owe any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.

Amendments to the agreement

If, after the conclusion of the agreement for its implementation, it appears necessary to amend or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.

Changes to general terms and conditions

1. Just Freedom is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Just Freedom will discuss major substantive changes with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

Transfer of rights

1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Just Freedom.
2. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

Consequences of nullity or voidability 

1. If one or more provisions of these general terms and conditions turn out to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Just Freedom had in mind when drawing up the conditions on that point.

Applicable law and competent court

1. Dutch law is exclusively applicable to every agreement between the parties. 
2. The Dutch court in the district where Just Freedom is established / has a practice / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise. 

Prepared on October 1, 2020.