Terms and conditions

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JohnBeerens.com
Poppelseweg 1-04
5051 PL Goirle

VAT: NL852664023B01
Chamber of Commerce registration number: 57626561

 

General Terms and Conditions

These General Terms and Conditions take effect on 1 July 2026.

Table of contents:

These terms use the following definitions:

1. Supplementary agreement: an agreement under which 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 trader or by a third party under an agreement between that third party and the trader;
2. Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
3. Consumer: the natural person who does not act for purposes related to their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Continuing contract: a contract for the regular supply of goods, services and/or digital content over a specified period;
7. Durable medium: any device - including email - that enables the consumer or trader to store information addressed personally to them in a manner that allows future access or use for a period appropriate to the purpose for which the information is intended, and enables unchanged reproduction of the stored information;
8. Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period;
9. Trader: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
10. Distance contract: a contract concluded between the trader and the consumer under an organized system for the distance sale of products, digital content and/or services, whereby, up to and including the conclusion of the contract, exclusive or partial use is made of one or more means of distance communication;
11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions; Annex I does not need to be made available if the consumer has no right of withdrawal in respect of their order;
12. Means of distance communication: a means that can be used to conclude a contract without the consumer and trader having to be together in the same place at the same time.

Article 2 - Identity of the trader

Trader name: JohnBeerens.com B.V.

Trading under the name(s):

- JohnBeerens.com

Registered address:

Poppelseweg 1-04
5051 PL
Goirle
The Netherlands

Telephone number: +31 (0)13 530 2010

 

Availability:

Monday to Friday, from 09:00 to 17:30

Email address: info@johnbeerens.com

 

Chamber of Commerce number: 57626561

VAT number: NL852664023B01

Article 3 - Applicability

1. These terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the trader will indicate how the terms and conditions can be inspected at the trader’s premises and that they will be sent free of charge as soon as possible at the consumer’s request.
3. If the distance contract is concluded electronically, in derogation from the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily save it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed where the terms and conditions can be consulted electronically and that they will be sent free of charge, electronically or otherwise, at the consumer’s request.
4. If these general terms and conditions apply alongside specific product or service terms and conditions, paragraphs 2 and 3 shall apply accordingly, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to them.

Article 4 - The offer

1. If an offer has a limited period of validity or is subject to conditions, this shall be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the business uses images, they shall accurately represent the products, services and/or digital content offered. Obvious errors or mistakes in the offer are not binding on the business.
3. Each offer shall contain sufficient information to make clear to the consumer the rights and obligations associated with accepting the offer.

Article 5 - The contract

1. Subject to the provisions of paragraph 4, the contract is concluded when the consumer accepts the offer and fulfills the conditions set for it.
2. If the consumer accepts the offer electronically, the business shall promptly confirm receipt of the acceptance electronically. Until the business has confirmed receipt of this acceptance, the consumer may terminate the contract.
3. If the contract is concluded electronically, the business shall 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, the business shall observe appropriate security measures.
4. Within the limits of the law, the business may check whether the consumer can meet their payment obligations, as well as any facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the business has good grounds not to enter into the contract, it is entitled to refuse an order or application with reasons, or to attach special conditions to its performance.
5. No later than when the product, service or digital content is delivered to the consumer, the business shall provide the following information in writing or in such a way that the consumer can store it accessibly on a durable medium:

a. the business's establishment address where consumers can submit complaints;
b. the conditions and procedure for exercising the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
c. information about warranties and existing after-sales service;
d. the price, including all taxes, of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or performance of the distance agreement;
e. the requirements for terminating the agreement if it has a term of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, the model withdrawal form.

6. In the case of a continuing transaction, the provision in the preceding paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

1. The consumer may terminate an agreement for the purchase of a product within a withdrawal period of 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal but may not require the consumer to state their reason(s).
2. The withdrawal period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, received the product, or:

a. if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by the consumer, received the last product. The trader may refuse an order for several products with different delivery times, provided that the consumer was clearly informed of this before placing the order.
b. if the delivery of a product consists of several 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;
c. for agreements involving the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by the consumer, received the first product.

For services and digital content not supplied on a tangible medium:

3. The consumer may terminate a service agreement and an agreement for the supply of digital content not supplied on a tangible medium within 14 days without giving any reason. The trader may ask the consumer for the reason for withdrawal but may not require the consumer to state their reason(s).
4. The withdrawal period referred to in paragraph 3 begins on the day after the agreement is concluded.

Extended withdrawal period for products, services and digital content not supplied on a tangible medium if the consumer is not informed about the right of withdrawal:

5. If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period expires twelve months after the end of the original withdrawal period established in accordance with the preceding paragraphs of this article.
6. If the trader has provided the consumer with the information referred to in the preceding paragraph within twelve months of the start date of the original withdrawal period, the withdrawal period expires 14 days after the day on which the consumer received that information.

Article 7 - Consumer obligations during the withdrawal period

1. During the withdrawal period, the consumer must handle the product and its packaging with care. They may only unpack or use the product to the extent necessary to establish its nature, characteristics and functioning. The guiding principle is that the consumer may handle and inspect the product only as they would be allowed to do in a shop.
2. The consumer is only liable for any reduction in the product's value resulting from handling the product in a way that goes beyond what is permitted under paragraph 1.
3. The consumer is not liable for any reduction in the product's value if the trader has not provided them with all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and the associated costs

1. If the consumer exercises their right of withdrawal, they must notify the trader within the withdrawal period by means of the model withdrawal form or in another unequivocal manner.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to the trader (or an authorized representative of the trader). This is not required if the trader has offered to collect the product themselves. The consumer has in any case observed the return period if they return the product before the withdrawal period has expired.
3. The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and burden of proof for the proper and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product. If the trader has not informed the consumer that they must bear these costs, or if the trader indicates that they will bear the costs themselves, the consumer is not required to pay the return costs.
6. If the consumer withdraws after first expressly requesting that performance of the service or supply of gas, water or electricity not prepared for sale in a limited volume or specific quantity begin during the cooling-off period, the consumer will owe the trader an amount proportionate to the part of the obligation performed by the trader at the time of withdrawal, compared with full performance of the obligation.
7. The consumer will not bear any costs for the performance of services or the supply of water, gas or electricity that are not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:

a. the trader did not provide the consumer with the legally required information about the right of withdrawal, reimbursement of costs in the event of withdrawal, or the model withdrawal form; or
b. the consumer did not expressly request that performance of the service or supply of gas, water, electricity or district heating begin during the cooling-off period.

8. The consumer will not bear any costs for the full or partial supply of digital content not supplied on a tangible medium if:

a. before delivery, they did not expressly consent to performance of the agreement beginning before the end of the cooling-off period;
b. they did not acknowledge that they would lose their right of withdrawal by giving their consent; or
c. the trader failed to confirm this statement by the consumer.

9. If the consumer exercises the right of withdrawal, all ancillary agreements will be terminated by operation of law.

Article 9 - Obligations of the trader in the event of withdrawal

1. If the trader allows the consumer to give notice of withdrawal electronically, he will promptly send an acknowledgment of receipt after receiving that notice.
2. The trader will reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay and within 14 days of the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product himself, he may wait to reimburse the consumer until he has received the product or until the consumer provides proof that the product has been returned, whichever occurs first.
3. The trader will use the same means of payment for the refund as the consumer used, unless the consumer agrees to a different method. The refund will be free of charge to the consumer.
4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the trader is not required to reimburse the additional costs of the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this when making the offer, or at least in good time before the contract is concluded:

1. Products or services whose price is subject to fluctuations in the financial market beyond the trader’s control and which may occur within the withdrawal period
2. Contracts concluded at a public auction. A public auction means a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts, once the service has been fully performed, but only if:

a. performance has begun with the consumer’s express prior consent; and
b. the consumer has declared that they will lose their right of withdrawal as soon as the trader has fully performed the contract;

4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport; 
5. Service contracts for the provision of accommodation, if the contract specifies a particular date or period for performance and the accommodation is not for residential purposes, and contracts for the transport of goods, car rental services and catering;
6. Contracts relating to leisure activities, if the contract specifies a particular date or period for their performance;
7. Products made to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision by the consumer, or are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are unsuitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products that, after delivery, by their nature are irrevocably mixed with other products;
11. Alcoholic beverages whose price was agreed upon when the contract was concluded, but which can only be delivered after 30 days, and whose actual value depends on market fluctuations beyond the trader’s control;
12. Sealed audio or video recordings and computer software, where the seal has been broken after delivery;
13. Newspapers, periodicals or magazines, excluding subscriptions to them;
14. Delivery of digital content other than on a tangible medium, but only if:

a. performance has begun with the consumer’s express prior consent; and
b. the consumer has declared that they thereby waive their right of withdrawal.

Article 11 - The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. By way of exception to the preceding paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations on the financial market over which the entrepreneur has no influence at variable prices. This link to fluctuations and the fact that any prices stated are indicative prices shall be mentioned in the offer.
3. Price increases within 3 months after the agreement is concluded are permitted only if they result from statutory regulations or provisions.
4. Price increases from 3 months after the agreement is concluded are permitted only if the entrepreneur has stipulated this and:

a. they result from statutory regulations or provisions; or
b. the consumer is entitled to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer for products or services include VAT.

Article 12 - Performance of the agreement and additional guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the entrepreneur also guarantees that the product is suitable for uses other than normal use.
2. An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer shall never limit the consumer’s statutory rights and claims against the entrepreneur under the agreement if the entrepreneur has failed to fulfil its part of the agreement.
3. An additional guarantee means any commitment by the entrepreneur, its supplier, importer or manufacturer granting the consumer certain rights or claims that go beyond its legal obligations in the event that it fails to fulfil its part of the agreement.

Article 13 - Delivery and performance

1. The entrepreneur will exercise the utmost care when receiving and fulfilling orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has provided to the trader.
3. Subject to the provisions of Article 4 of these terms and conditions, the trader shall execute accepted orders with due speed and no later than within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without charge and to any compensation for damages.
4. Following termination in accordance with the previous paragraph, the trader shall promptly refund the amount paid by the consumer.
5. The trader bears the risk of damage to and/or loss of products until they are delivered to the consumer or to a representative designated in advance by the consumer and made known to the trader, unless expressly agreed otherwise.

Article 14 - Continuing transactions: term, cancellation and extension

Cancellation:

1. The consumer may cancel an agreement entered into for an indefinite term and relating to the regular delivery of products (including electricity) or services at any time, in accordance with the agreed cancellation rules and with a notice period of no more than one month.
2. The consumer may cancel an agreement entered into for a fixed term and relating to the regular delivery of products (including electricity) or services at any time, effective at the end of the fixed term, in accordance with the agreed cancellation rules and with a notice period of no more than one month.
3. The consumer may cancel the agreements referred to in the previous paragraphs:

a. cancel at any time and not be restricted to cancellation at a specific time or during a specific period;
b. cancel at least in the same manner as the consumer entered into the agreement;
c. always cancel with the same notice period as the trader has stipulated for itself.

Extension:

4. An agreement entered into for a fixed term and relating to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
5. Notwithstanding the previous paragraph, an agreement entered into for a fixed term and relating to the regular delivery of daily newspapers, news and weekly newspapers, and magazines may be tacitly extended for a fixed term of up to three months, provided that the consumer can cancel the extended agreement at the end of the extension period with a notice period of no more than one month.
6. An agreement entered into for a fixed term for the regular delivery of products or services may be tacitly renewed for an indefinite term only if the consumer may terminate it at any time with a notice period of no more than one month. The notice period may be no more than three months if the agreement covers the regular delivery, but less than once a month, of daily newspapers, news publications, weekly newspapers and magazines.
7. An agreement of limited duration for the regular delivery of daily newspapers, news publications, weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and ends automatically upon expiry of the trial or introductory period.

Term:

8. If an agreement has a term of more than one year, the consumer may terminate it at any time after one year, subject to a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 15 - Payment

1. Unless otherwise specified in the agreement or additional terms and conditions, amounts owed by the consumer must be paid within 14 days of the start of the withdrawal period, or, if there is no withdrawal period, within 14 days of entering into the agreement. In the case of an agreement for the provision of a service, this period begins on the day after the consumer receives confirmation of the agreement.
2. In the sale of products to consumers, the consumer may never be required under the general terms and conditions to make an advance payment of more than 50%. If an advance payment has been agreed, the consumer cannot assert any rights regarding the performance of the relevant order or service(s) until the agreed advance payment has been made.
3. The consumer is obliged to promptly notify the trader of any inaccuracies in the payment details provided or stated.
4. If the consumer fails to meet their payment obligation(s) on time, and after the trader has notified the consumer of the late payment and given the consumer a period of 14 days to meet their payment obligations, the consumer will, if payment is still not made within this 14-day period, owe statutory interest on the outstanding amount, and the trader is entitled to charge the extrajudicial collection costs incurred. These collection costs are a maximum of: 15% on outstanding amounts up to € 2.500,=; 10% on the next € 2.500,= and 5% on the following € 5.000,=, with a minimum of € 40,=. The trader may deviate from these amounts and percentages in the consumer’s favor.

Article 16 - Complaints procedure

Appendix I: Model withdrawal form

Model withdrawal form

(complete and return this form only if you wish to revoke the agreement)

a. To: [name of business]
[ geografisch adres ondernemer]
[ faxnummer ondernemer, indien beschikbaar]
[ e-mailadres of elektronisch adres van ondernemer] 

b. I/We* hereby inform you that I/we* revoke our agreement concerning
the sale of the following products: [description of product]*
the delivery of the following digital content: [description of digital content]*
the provision of the following service: [description of service]*,
revoke/revoke*
 

c. Ordered on*/received on* [date of order for services or receipt for products]  
d. [Consumer(s)' name]
e. [Consumer(s)' address]
f. [Consumer(s)' signature] (only if this form is submitted on paper)

* Cross out what does not apply or complete what applies.

 

Address details:

JohnBeerens.com B.V.

Poppelseweg 1-04

5051 PL Goirle

The Netherlands

Chamber of Commerce number: 57626561

VAT number: NL852664023B01