General terms and conditions

General terms and conditions Jamin Media - Untamed

General terms and conditions based on model terms and conditions of Jamin Media

Table of contents

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - The offer

Article 5 - The agreement

Article 6 - Right of withdrawal

Article 7 - Costs in case of revocation

Article 8 - Exclusion of the right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, termination and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or deviating provisions

Article 1 – Definitions
In these General Terms and Conditions the following terms shall have the following meanings:

1. Cooling-off period : the period within which the consumer can make use of the right of withdrawal.
   
   

2. Consumer : the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.
   
   

3. Day : a calendar day.
   
   

4. Duration transaction : a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
   
   

5. Durable medium : any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of that information.
   
   

6. Right of withdrawal : the possibility for the consumer to cancel the distance contract within the cooling-off period.
   
   

7. Model form : the model withdrawal form that the entrepreneur makes available to the consumer to exercise the right of withdrawal.
   
   

8. Entrepreneur : Jamin Media, trading under the name Ongetemd , located at Willem Marishof 29, 1816XJ Alkmaar, registered with the Chamber of Commerce under number 95326154.
   
   

9. External Fulfillment Party : soBAD, trading name of Kapr&Co, located at Overtoom 3, 1901EW Castricum, registered with the Chamber of Commerce under number 58623655, responsible for the processing, shipping and returns handling of merchandise sold via Ongetemd.shop.
   
   

10. Distance contract : an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
    
    

11. Distance communication technology : means that can be used to conclude an agreement without the consumer and entrepreneur being present in the same room at the same time.
    
    

12. General Terms and Conditions : the present general terms and conditions of Ongetemd.shop.
    
    

Article 2 – Identity of the entrepreneur

Entrepreneur name: Jamin Media

Trade name: Untamed

Willem Marishof 29

1816XJ Alkmaar

The Netherlands

Email address: info@ongetemd.shop

Chamber of Commerce number: 95326154

Article 3 – Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between Ongetemd.shop and the consumer. This also applies to all orders placed via the webshop.
   
   

2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the contract is concluded that the general terms and conditions can be viewed at the entrepreneur and will be sent free of charge upon request.
   
   

3. If the distance contract is concluded electronically – such as via the webshop Ongetemd.shop – the text of these general terms and conditions will be made available to the consumer electronically before the contract is concluded, in such a way that it can be easily stored on a durable data carrier. If this is not possible, it will be indicated where the conditions can be viewed electronically and that they will be sent free of charge upon request, electronically or otherwise.
   
   

4. If, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs 2 and 3 shall apply accordingly. In the event of a conflict, the consumer may always rely on the provision that is most favourable to him.
   
   

5. If one or more provisions in these terms and conditions are at any time wholly or partially null and void or are annulled, the remaining provisions shall remain in full force. In that case, a new provision shall be drawn up in mutual consultation that approximates the purport of the original as closely as possible.
   
   

6. In cases not provided for in these general terms and conditions, the situation must be assessed 'in the spirit' of these terms and conditions.
   
   

7. Any ambiguities regarding the interpretation or content of one or more provisions should be interpreted 'in the spirit' of these terms and conditions.
   
   

Article 4 – The offer

1. If an offer has a limited period of validity or is made under certain conditions, this will be explicitly stated in the offer.
   
   

2. All offers on Ongetemd.shop are without obligation. The entrepreneur reserves the right to change or adjust the offer.
   
   

3. The offer contains a clear, complete and accurate description of the products offered. The description is sufficiently detailed to enable a proper assessment by the consumer. Images are a true representation of the products, but may partly consist of mock-ups or digital renderings for illustration purposes. Obvious mistakes or errors do not bind the entrepreneur.
   
   

4. All images, specifications and data in the offer are for information purposes only. They cannot give rise to compensation or termination of the agreement.
   
   

5. The colours shown may differ from the actual product colours, partly due to differences in screen settings. Ongetemd.shop cannot provide any guarantees for this.
   
   

6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
   
   

• the price, including taxes;
  
  

• any shipping costs;
  
  

• the manner in which the agreement is concluded and the actions required for this;
  
  

• whether or not the right of withdrawal applies;
  
  

• the method of payment, delivery and performance of the agreement;
  
  

• the period within which the offer can be accepted or the period within which the price is guaranteed;
  
  

• whether there are communication costs that deviate from the basic rate (not applicable at Ongetemd.shop );
  
  

• whether and how the agreement will be archived after it has been concluded ( Ongetemd.shop does not offer archiving);
  
  

• the manner in which the consumer can check his data before concluding the contract and, if necessary, correct it;
  
  

• the minimum duration of a distance contract in the event of a continuous transaction (not applicable).
  
  

Article 5 – The agreement

1. The agreement is concluded at the moment that the consumer accepts the offer on Ongetemd.shop and meets the conditions set out in the offer, subject to the provisions of paragraph 4.
   
   

2. If the consumer accepts the offer electronically, the entrepreneur will immediately confirm receipt of that acceptance electronically. As long as this confirmation has not yet been sent, the consumer can cancel the agreement free of charge.
   
   

3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. Appropriate security measures will be observed in the case of electronic payment.
   
   

4. The entrepreneur has the right – within the legal framework – to investigate whether the consumer can meet his payment obligations, and to investigate other factors that are important for a responsible conclusion of the distance contract. If this gives reasonable grounds not to enter into the contract, the entrepreneur is entitled to refuse an order with reasons or to attach special conditions to the execution.
   
   

5. When delivering the product to the consumer, the entrepreneur shall provide the following information, in writing or in a manner in which the consumer can store it on a durable data carrier:
   
   

• the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
  
  

• clear information about the right of withdrawal or, if applicable, its exclusion;
  
  

• information about any guarantees and after-sales service;
  
  

• the data referred to in Article 4 paragraph 3, insofar as these have not previously been provided to the consumer;
  
  

• the conditions for termination in the event of an agreement with a term of more than one year or of indefinite duration (not applicable to Ongetemd.shop ).
  
  

6. In the case of a continuing transaction, the provisions of the previous paragraph only apply to the first delivery.
   
   

7. Each agreement is concluded under the condition precedent of sufficient availability of the products concerned.
   
   

Please note: For the processing, shipping and return handling of orders regarding merchandise (such as clothing), Ongetemd.shop works together with an external fulfillment partner, soBAD. Ongetemd.shop is not responsible for any errors, delays or omissions resulting from the actions of this external party.

Thanks! Here is the rewritten version of Article 6 – Right of withdrawal , fully aligned with Ongetemd.shop , with a clear separation between products that you send yourself (such as the Ongetemd game or accessories) and the merchandise that goes through soBAD .

We leave out the part about services, because you don't offer them — and that also makes the whole thing clearer for your customer.

Article 6 – Right of withdrawal

1. When purchasing products via Ongetemd.shop , the consumer has the right to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences on the day after the consumer, or a third party designated by the consumer (other than the carrier), has physically received the product.
   
   

2. During the cooling-off period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to determine the nature, characteristics and functioning of the product. When exercising the right of withdrawal, the consumer returns the product, including all accessories supplied, and - if reasonably possible - in the original condition and packaging, in accordance with the instructions provided by the entrepreneur.
   
   

3. If the consumer wishes to exercise his right of withdrawal, he must notify this within 14 days after receipt of the product via the model withdrawal form or another unambiguous statement, such as by e-mail. After this notification, the product must be returned within 14 days. The consumer must be able to demonstrate that the product was sent on time, for example by means of a shipping receipt.
   
   

4. If the consumer has not made use of his right of withdrawal or has not returned the product after the expiry of the aforementioned periods, the purchase is final.
   
   

5. Please note : For products that fall under the merchandise category (such as clothing), our external fulfillment partner soBAD handles the return processing. Instructions for returning these products can be found in the confirmation email and on the returns page of Ongetemd.shop . Ongetemd is not responsible for errors or delays in the return processing via soBAD.
   
   

Article 7 – Costs in case of revocation

1. If the consumer exercises his right of withdrawal, the costs of return shipment will be at his own expense, unless expressly agreed otherwise.
   
   

2. If the consumer has already paid an amount, the entrepreneur will refund this amount as soon as possible - but no later than 14 days after receipt of the cancellation statement. The refund will be made via the same payment method as the original transaction, unless the consumer expressly agrees to another method.
   
   

3. The entrepreneur may wait with reimbursement until the product has been received, or until the consumer proves that the product has been returned - whichever occurs first.
   
   

4. If the product is damaged due to careless use by the consumer or is returned incomplete, the consumer is liable for any decrease in value of the product.
   
   

5. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided sufficient information about the right of withdrawal prior to the purchase agreement, as required by law.
   
   

6. For products that fall under merchandise (such as clothing) and are processed via our external partner soBAD , the same withdrawal conditions apply. Returns of these products must be processed in accordance with the return instructions as stated in the confirmation email and on the website of Ongetemd.shop . Ongetemd is not liable for delays or damage during the return process via soBAD.
   
   

Article 8 – Exclusion of the right of withdrawal

1. The right of withdrawal can be excluded by the entrepreneur for certain products, provided that this is clearly stated in the offer and is made known to the consumer in good time before the conclusion of the agreement.
   
   

2. Exclusion of the right of withdrawal is only possible for products:
   
   

• that are manufactured to consumer specifications (such as personalized or custom-made products);
  
  

• that are clearly personal in nature;
  
  

• which are not suitable for return for hygiene or health reasons and were unsealed after delivery (e.g. underwear or earrings);
  
  

• which by their nature cannot be returned or are liable to deteriorate or expire rapidly.
  
  

3. Ongetemd.shop does not make use of the exclusion of the right of withdrawal in the current offer, unless this is explicitly stated with the product in question.
   
   

Article 9 – The price

1. The prices of products on Ongetemd.shop will not be increased during the stated validity period of the offer, with the exception of price changes due to changes in VAT rates or other legal regulations.
   
   

2. Price increases within three months after the conclusion of the agreement are only permitted if they result from statutory regulations.
   
   

3. Price increases from three months after the conclusion of the agreement are only permitted if:
   
   

• these are the result of statutory regulations or provisions; or
  
  

• the consumer in that case has the option to terminate the agreement with effect from the day on which the price increase takes effect.
  
  

4. All prices on Ongetemd.shop include VAT and other government levies.
   
   

5. All prices are subject to printing and typing errors. No liability is accepted for the consequences of such errors. In the event of an obvious pricing error, the entrepreneur is not obliged to deliver the product at the incorrectly stated price.
   
   

Article 10 – Conformity and warranty

1. The entrepreneur guarantees that the products delivered via Ongetemd.shop comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions that apply at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
   
   

2. An additional guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.
   
   

3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within two months after delivery. Products must be returned – if possible – in their original condition and packaging.
   
   

4. The entrepreneur's warranty period is equal to the factory warranty provided by the manufacturer, unless otherwise stated. Ongetemd.shop is not liable for the suitability of the products for a specific application or for advice on their use.
   
   

5. The warranty expires in the following cases:
   
   

• when the consumer has repaired or modified the product himself or has had this done by third parties;
  
  

• when the product has been exposed to abnormal conditions or has been handled carelessly;
  
  

• when the product has been used contrary to the instructions for use or the entrepreneur's instructions;
  
  

• when the defect is (partly) caused by government regulations regarding the nature or quality of the materials used.
  
  

Article 11 – Delivery and execution

1. The entrepreneur shall exercise the utmost care in the execution of orders. This applies to both the handling of orders and the assessment of applications.
   
   

2. The place of delivery is the address that the consumer has made known to Ongetemd.shop during the ordering process.
   
   

3. Accepted orders will be delivered expeditiously, at the latest within 30 days, unless a different delivery period is stated in the offer and the consumer has expressly agreed to this. If delivery is delayed, or an order cannot be (fully) executed, the consumer will be notified of this within 30 days of placing the order. In that case, the consumer has the right to terminate the agreement free of charge. There is then no right to compensation.
   
   

4. All delivery times are indicative. No rights can be derived from the stated terms. Exceeding a delivery term does not entitle the consumer to compensation.
   
   

5. In the event of dissolution on the basis of paragraph 3, the entrepreneur will refund the amount already paid as soon as possible, but no later than 14 days after dissolution.
   
   

6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement product. At the latest upon delivery, it will be clearly stated that it concerns a replacement article. The right of withdrawal remains fully applicable. The costs of any return shipment in this case are for the account of the entrepreneur.
   
   

7. The risk of damage or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a third party designated by the consumer, unless otherwise agreed.
   
   

8. For orders concerning merchandise (such as clothing) , the external fulfillment partner soBAD takes care of the entire execution of the shipping and return processing. The delivery time is on average 3 to 7 working days. Ongetemd.shop is not responsible for errors, delays or damage that occur during this external processing. In all other cases, the delivery is carried out by Ongetemd.shop itself or its direct shipping partner.
   
   

Article 12 – Duration transactions: duration, termination and extension

1. Ongetemd.shop does not offer products or services in the form of subscriptions or agreements for an indefinite period. All purchases are one-time, unless otherwise stated for a specific product.
   
   

2. There will be no automatic renewal or tacit renewal of any agreement with Ongetemd.shop .
   
   

3. If in the future a product or service is offered with a longer term or recurring delivery, the cancellation and renewal conditions will be clearly stated with the offer, in accordance with the statutory provisions.

Article 13 – Payment

1. Payment for products via Ongetemd.shop takes place prior to delivery. The consumer must make the payment via one of the payment methods offered during the ordering process. Orders are only processed after the payment has been successfully completed.
   
   

2. The consumer is responsible for providing correct payment details. Any inaccuracies must be reported to the entrepreneur without delay.
   
   

3. In the event of payment problems or suspicion of fraud, the entrepreneur reserves the right to cancel the order or take additional measures, taking into account the applicable legal provisions.
   
   

4. If, after delivery, a payment arrears still arise (for example via deferred payment methods such as Klarna), the entrepreneur has the right to charge reasonable collection costs, provided that these have been made known to the consumer in advance.
   
   

Article 14 – Complaints procedure

1. The entrepreneur has a clearly stated complaints procedure and handles complaints in accordance with this procedure.
   
   

2. Complaints about the performance of the agreement must be submitted to the entrepreneur within two months of discovering the defect, fully and clearly described, preferably by e-mail via [your e-mail address].
   
   

3. Complaints submitted will be answered within 14 days of receipt. If a complaint requires a longer processing time, the consumer will receive a confirmation of receipt within 14 days with an indication of when a substantive response can be expected.
   
   

4. If a complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution. In that case, the consumer can also use the European ODR platform: http://ec.europa.eu/odr .
   
   

5. Ongetemd.shop is currently not affiliated with an external quality mark or an independent disputes committee.
   
   

6. Filing a complaint does not suspend the entrepreneur's obligations, unless the entrepreneur confirms otherwise in writing.
   
   

7. If a complaint is found to be justified, the entrepreneur will replace or repair the product free of charge or offer an appropriate solution, within reason and in consultation with the consumer.
   
   

Article 15 – Disputes

1. All agreements between Ongetemd.shop and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
   
   

2. The application of the Vienna Sales Convention (CISG) is excluded.
   
   

Article 16 – Additional or deviating provisions

1. Additional provisions or deviations from these general terms and conditions are only valid if they have been recorded in writing and made available to the consumer in such a way that they can be stored in an accessible manner on a durable data carrier.
   
   

2. These provisions may at no time be less advantageous to the consumer than what is stated in these general terms and conditions.