Terms and Conditions of ballony.nl is a subsidiary of Jevy Webshops.
Jevy Webshops is registered at the Chamber of Commerce of Alkmaar under registration number 65049187 in which these Terms and Conditions have also been deposited.
1.1 Client: the natural person or legal entity who enters into an agreement with Jevy Webshops.
1.2 Agreement: this contains any agreement that is made in writing or electronically between Jevy Webshops and the Client.
2.1 These terms and conditions apply to all legal acts of Jevy Webshops as well as to the agreement (s) between Jevy Webshops and the Client, regardless of the place of residence or location of the parties involved in that agreement and regardless of the place where that agreement has been established or to be implemented.
3.1 All offers and quotes of Jevy Webshops are free of obligation. If a Client accepts a non-binding offer, Jevy Webshops is entitled to withdraw this offer within five business days of receipt of the acceptance.
3.2 If the offer relates to (a) (mobile) subscription (s) or agreement of a mobile or fixed network, then the date on which the Client is connected to the (mobile) network is indicative of the prevailing rates. It should be noted that the date of the agreement with Jevy Webshops is binding.
3.3 The prices within the mentioned offers and quotations are in Euros (€) unless otherwise stated and includes government duties or taxes. Any transport and packaging are costs exclusive, unless expressly agreed otherwise. Jevy Webshops has the right to change the specified prices.
3.4 All images, drawings, prices, information on weights, product description, size, colours, etc. are approximate only and are reserved. Deviations from reality cannot give rise to compensation, etc.
3.5 Jevy Webshops is a middleman for termination of subscriptions and / or agreements with networks. Jevy Webshops cannot be held liable in any way if the network provider with whom the actual agreement is settled, decides not to enter into an agreement. In this agreement between the Client and network provider, the terms and conditions of the relevant network provider are governed.
4.1 Delivery will be made via Cash-on-Delivery or via advance payment, unless otherwise agreed.
4.2 Delivery of purchases is at the expense of the Client, unless stated otherwise. Jevy Webshops reserves the right upon conclusion of the agreement to declare delivery charges and any related costs separately.
4.3 Jevy Webshops reserves the right to deliver in separate shipments and to invoice accordingly.
4.4 The Client is obliged to take delivery of the good or goods forming the subject of the agreement at the time when it is made available to him by Jevy Webshops.
4.5 If the Client refuses or fails to provide information or instructions necessary for delivery, Jevy Webshops is entitled to store the goods at the risk and expense of the Client.
4.6 The delivery times specified by Jevy Webshops are approximate, but will never exceed the 30-day legal period. If delivery time is not feasible, Jevy Webshops will inform the consumer in good time and give the opportunity to terminate the agreement or agree upon a new delivery time. Already paid amounts should be refunded upon termination or cancellation within 30 days, minus any shipping costs incurred by Jevy Webshops.
4.7 Jevy Webshops will notify the Client when unable to deliver on time. In the event of failure to deliver within 30 days, the consumer will have the right to terminate or agree upon a new deadline.
5.1 Unless otherwise agreed, payment should be made in cash or with payment method in advance.
5.2 If no other payment terms have been agreed upon, delivery will be made via Cash-on-Delivery. If purchased on credit, the invoices will be paid by the Client within 8 days of the invoice date, unless the payment terms on the invoice indicate otherwise. When a Cash-on-Delivery has been refused, these delivery costs will still be billed to the Client by Jevy Webshops.
5.3 After the expiry of 21 days after the invoice date, the Client is legally in default. In that case, all claims of whatever nature from Jevy of Web Development to the Client are immediately due. The Client is owed from the moment of default to be paid out the statutory interest owing to this and connected collection costs / legal fees.
5.4 In the event of liquidation, bankruptcy, seizure or surseance of payment by the Client, the claims of the User and the Client’s obligations towards Jevy Webshops are immediately due.
5.5 If the Client has terminated a (mobile) subscription or mobile / fixed network agreement and qualifies for a bonus on the basis of a refund certificate, he / she will receive this bonus within five to seven weeks after the contract date on their specified bank account.
6.1 The ownership of the delivered goods is expressly reserved by Jevy Webshops until full payment has been made. This includes the reimbursement of all costs and interest, including previous and subsequent deliveries and services, as well as claims for failure to comply.
7.1 Jevy Webshops is obliged to follow all the provisions of the factory warranty of the goods delivered. For example, all goods have a minimum 1 year manufacturer’s warranty.
7.2 If the warranty referred to in article 7 paragraph 1 is applicable and the delivered items are defective, Jevy Webshops is required within 30 days after the Client has reported to him in writing to repair or replace the products.
7.3 All items should be offered to Jevy Webshops for repair. You must request a RMA (return merchandise authorization) number in advance.
7.4 Jevy Webshops may choose to replace the products. Repairs under € 50,- are automatically being processed. Repairs above € 50,- will only proceed after approval by the Client. The above repair procedure does not apply to prepaid and simlock devices. For complaints about these devices, the Client must directly contact the relevant network provider.
7.5 The warranty expires if incorrect treatment of a guaranteed product is being caused by the Client. Incorrect treatment includes:
– An unjust use of the product.
– Failure to comply with the usage and maintenance instructions as prescribed by the manufacturer.
– Dropping, impact or shock a subjecting product.
– Water and moisture damage caused by the client.
– Changing IMEI or serial numbers.
– Removal of a SIM-Lock by the Client.
7.6 The Client must demonstrate that the product has a defect within the warranty period for which this warranty applies.
8.1 The Client has the obligation to investigate whether or not products and / or services comply with the agreement upon delivery. Any complaints about a product delivered by Jevy Webshops must be submitted to Jevy Webshops immediately via e-mail or via written notice, and not later than 14 days after delivery. In agreement between the Client and Jevy Webshops, delivery of a missing item, repair, replacement or return of a payment can take place. If the 14-day period is exceeded, the right to complain is terminated. Upon expiration of the above period, Jevy Webshops is deemed to have fulfilled its obligations, and it is assumed that the Client has received the goods in good order, subject to counterclaim by the Client.
8.2 If the Client does not wish to take a product for any reason, the Client has the right to return the product within 14 working days after delivery to Jevy Webshops, via registered mail. Refund of the purchase price shall take place after deduction of incurred costs such as shipping within 14 days. Returns will only be accepted if the packaging of the product is undamaged and the packaging has not been opened, which also means that the costs for return shipment will be shouldered by the Client. When the purchased product is linked to a contract of a (mobile) subscription or agreement of a mobile or fixed network, then this article does not relate to the service and the Client will be responsible that complaints of this service will be directed to this specific service provider, provided that Jevy Webshops has not failed to present enough relevant information about this service.
Excluded from these guidelines are products with the following specifications:
– Returns within 14 business days after delivery.
– Products with original purchase invoice.
– The product is undamaged, unused and complete.
– The warranty certificate has not been filled in.
8.3 Jevy Webshops will only accept returned products as mentioned in article 8 paragraph 2 if and insofar as they have previously agreed upon in writing with this return via fax or via e-mail, and then only when these products are being sent with their original packaging and in their original state to the address Jevy Webshops has provided.
9.1 If and to the extent that Jevy Webshops ought to be liable for insufficient or incorrect execution of its assigned work or inadequate fulfillment of its contractual or legal obligations, its liability shall be limited to no more than the total amount of its (part ) delivery, excluding VAT. Any claims by the Client must be submitted within 8 working days after the agreement is completed, in the absence of which all claims will expire.
9.2 Jevy Webshops is never liable for indirect damage, including consequential loss, loss of profits, missed savings and damage due to company stagnation. Also, for (consequential) damage or defect caused by the provision of third party technical service and the accompanying act, including transportation, we are never liable.
9.3 Jevy Webshops works as thoroughly as possible. Errors on our website can never lead to a claim for damages.
10.1 Personal data entered by Client will be included in a file only being used for the execution of the order of the Client.
10.2 The Client’s data will be included within a central file of Jevy Webshops and will only be used to keep the Client fully up to date regarding Jevy Webshops’s business and services unless the Client has indicated he does not want to. The processing of the Client’s data will be in accordance with applicable laws and regulations.
10.3 The Client may, if desired, obtain access to his information which is stored within Jevy Webshops Client’s data file. The client is entitled to request a change of data if this information is incorrect.
11.1 Dutch law applies on all offers, orders and agreements of Jevy Webshops.
11.2 Non-resolute disputes within 3 months of Jevy Webshops and the Client will be submitted to a competent Judge at the District Court of Weert unless resolution of disputes is agreed upon via arbitration.
12.1 A consumer (private user) has two options for getting rid of his old ICT devices for free.
When you buy a new device, you can dispose your old device at the store where you have bought the new device (“old for new”). For example, an old computer for a new computer or an old mobile phone for a new mobile phone. In that case, the store is required to collect your old device.
You can also dispose your old device at the applicable municipality department. This can be done by handing the device over at the “milieustraat” (delivery facility) or arrange your old device being picked up (collection obligation). The municipality is responsible for a separated collection of discarded private household appliances (Article 10.21 Environmental Management Act).
The way the separated collection is arranged differs by municipality. Information, such as the address and opening hours of the “milieustraat”, can be found within the municipal guide or on your municipality’s website.