Jozemiek® | Fashion & LifeStyle Shop

General terms & conditions

This English translation of the original Dutch Terms and Conditions is provided for convenience only. In case of a disagreement between this translation and the Dutch version, the original Dutch version will prevail.


Table of contents

Article 1 - Definitions 
Article 2 - Identity of the merchant 
Article 3 - Applicability 
Article 4 - The offer 
Article 5 - The contract 
Article 6 - Right of withdrawal 
Article 7 - Customers’ obligations in case of withdrawal 
Article 8 - Customers who exercise their right of withdrawal and the costs involved 
Article 9 - Merchants’ obligations in case of withdrawal 
Article 10 - Precluding the right of withdrawal 
Article 11 - The price 
Article 12 - Contract fulfillment and extra guarantee 
Article 13 - Delivery and implementation 
Article 14 - Extended duration transactions: duration, termination and prolongation 
Article 15 - Payment 
Article 16 - Complaints procedure 
Article 17 - Retention of title
Article 18 - Additional provisions


Article 1 - Definitions

The following definitions apply in these terms and conditions:

1.1

Supplementary agreement: an agreement in which a consumer obtains products, digital content and/or services via a distance contract, and a merchant or a third party delivers these products, digital content and/or services in accordance with an agreement between that third party and the merchant;

1.2

Withdrawal period: the period within which a consumer can make use of his right of withdrawal;

1.3

Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;

1.4

Day: calendar day;

1.5

Digital content: data that are produced and supplied in digital form;

1.6

Extended duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;

1.7

Durable medium: every means - including emails - that enables a consumer or merchant to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;

1.8

Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;

1.9

Merchant: a natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;

1.10

Distance contract: a contract concluded between a merchant and a consumer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;

1.11

Technique for distance communication: means that can be used for communication regarding the offer made by the merchant and concluding a contract, without the necessity of the consumer and merchant being in the same place at the same time.


Article 2 - Identity of the merchant

Registered address:

Jozemiek

Pieterstraat 4a

6166AR Geleen

The Netherlands

   

Chamber of Commerce number:

14097327

VAT identification number:

NL81.86.98.53

   

E-mail customer service:

info@jozemiek.com


Article 3 – Applicability

3.1

These general terms and conditions apply to every offer made by a merchant and to every distance contract that has been realized between a merchant and a consumer.

3.2

Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the merchant will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the merchant’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.

3.3

If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the merchant will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.

3.4

In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.


Article 4 - The offer

4.1

4.1 If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.

4.2

4.2 The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the merchant makes use of illustrations, these will be a true representation of the products and/or services being offered. The merchant is not bound by obvious errors or mistakes in the offer.

4.3

4.3 Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.


Article 5 - The contract

5.1

The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.

5.2

If the consumer has accepted the offer electronically, the merchant will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as the merchant has not confirmed this acceptance.

5.3

If the contract is concluded electronically, the merchant will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the merchant will take suitable security measures.

5.4

The merchant may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the merchant proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.

5.5

The merchant will send to a consumer, at the latest when delivering a product, service or digital content, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:

a.

the email address where the consumer can file complaints;

b.

the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;

c.

information on guarantees and existing after-sales service;

d.

the price, including all taxes on the product, service or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance contract;

e.

the requirements for terminating the contract, if the duraion of the contract exceeds one year or if it is indefinite;

5.6

In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.


Article 6 - Right of withdrawal

Upon delivery of products:

6.1

When purchasing products, a consumer has the right to dissolve a contract, without giving reasons, during a period of at least 14 days. The merchant is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).

6.2

The period stipulated in paragraph 1 commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:

a.

if the consumer has ordered several products: the day on which the consumer, or a third party designated by the consumer, received the last product. The merchant may refuse a single order for several products with different delivery dates, provided he clearly informed the consumer of this prior to the ordering process.

b.

if the delivery of a product involves different deliveries or parts: the day on which the consumer, or a third party designated by the consumer, received the last delivery or the last part;

c.

with contracts for the regular delivery of products during a given period: the day on which the consumer, or a third party designated by the consumer, received the last product.

Upon delivery of services and digital content that is not supplied on a material medium: 

6.1

A consumer has the right to dissolve a contract, without giving reasons, for the supply of digital content that is not supplied on a material medium during a period of at least fourteen days. The merchant is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).

6.2

The period stipulated in paragraph 3 commences on the day after the contract was concluded.


Article 7 - Consumers’ obligations during the withdrawal period

7.1

During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.

7.2

The consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in paragraph 1.


Article 8 - Consumers who exercise their right of withdrawal and the costs involved

8.1

If a consumer wants to exercise his right of withdrawal, he shall report this to the merchant, within the withdrawal period, by means of sending an email to info@jozemiek.com which contains at least:

a.

the reason for exercising his right of withdrawal;

b.

the order number of the order on which the right of withdrawal is exercised;

c.

the products and/or services for which he wants to use his right of withdrawal.

8.2

As quickly as possible, but no later than 14 days after the day of reporting as referred to in paragraph 1, the consumer shall return the product, or hand it over to (a representative of) the merchant. This is not necessary if the merchant has offered to collect the product himself. The consumer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.

8.3

The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the merchant.

8.4

The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer.

8.5

The consumer bears the direct costs of returning the product.

8.6

If the consumer exercises his right of withdrawal, after first explicitly having asked that the service provided not prepared for sale shall be implemented in a limited volume or a given quantity during the period of withdrawal, the consumer shall owe the merchant a sum of money that is equivalent to that proportion of the contract that the merchant has fulfilled at the moment of withdrawal, in comparison with fulfilling the contract entirely.

8.7

If a consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.


Article 9 - Merchants’ obligations in a case of withdrawal

9.1

If the merchant makes it possible for a consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt.

9.2

The merchant reimburses the consumer immediately with all payments, excluding any delivery costs the merchant charged for the returned product, though at the latest within 14 days after the day on which the consumer reported the withdrawal. Except in cases in which the merchant has offered to retrieve the product himself, he can postpone refunding until he has received the product or until the consumer proves he has returned the product, depending on which occurs earlier.

9.3

For any reimbursement, the merchant will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.

9.4

If the consumer chose an expensive method of delivery in preference to the cheapest standard delivery, the merchant does not have to refund the additional costs of the more expensive method.


Article 10 - Precluding the right of withdrawal

The merchant can preclude the right of withdrawal for the following products and services, but only if the merchant stated this clearly when making the offer, or at least in good time prior to conclusion of the contract:

1.

1. Products or services whose prices are subject to fluctuations on the financial market over which the merchant has no influence and which can occur within the period of withdrawal;

2.

2. Contracts concluded during a public auction. A public auction is defined as a sales method whereby a merchant offers products, digital content and/or services at an auction, under the directions of an auctioneer, and whereby the successful purchaser is obliged to purchase the products, digital content and/or services;

3.

3. Service contracts, after full completion of the service, but only if:

a.

a. implementation started with the explicit prior agreement of the consumer; and

b.

a. the consumer declared having lost his right or withdrawal as soon as the merchant had completed the contract in full;

4.

b. Package travels, package holidays and package tours as referred to in article 7:500 BW and contracts on passenger transport;

5.

c. Service contracts providing access to accommodation, if the contract already stipulates a certain date or period of implementation and other than for the purpose of accommodation, the transport of goods, car rental services and catering;

6.

d. Contracts relating to leisure activities, if the contract already stipulates a certain date or period of implementation;

7.

e. Products manufactured according to the consumer’s specifications, which were not prefabricated and were made based on a consumer’s specific choice or decision, or which are clearly intended for a specific person;

8.

f. Products subject to rapid decay or with a limited shelf-life;

9.

g. Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;

10.

h. Products that, due to their nature, have been irretrievably mixed with other products;

11.

i. Alcoholic drinks whose price was agreed when concluding the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which the merchant has no influence;

12.

j. Sealed audio/video-recordings and computer apparatus whose seal was broken after delivery;

13.

Newspapers, journals, or magazines, excluding subscriptions on these;

14.

k. The delivery of digital content other than on a material medium, but only if:

a.

a. the delivery commenced with the consumer’s explicit prior agreement, and

b.

a. the consumer declared that this implied his having lost his right of withdrawal.


Article 11 - The price

11.1

During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.

11.2

Contrary to the previous paragraph, the merchant may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the merchant has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.

11.3

Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.

11.4

Price increases more than 3 months after the contract was concluded are only permitted if the merchant stipulated as much and:

a.

they are the result of statutory regulations or stipulations; or

b.

the consumer is authorized to terminate the contract on the day on which the price increase takes effect.

11.5

Prices stated in offers of products or services include VAT.


Article 12 - Contract fulfillment and extra guarantee

12.1

The merchant guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded.

12.2

The merchant does not guarantee that the product is suited for other than normal designation.

12.3

An extra guarantee arrangement offered by the merchant, manufacturer or importer will never affect the statutory rights and claims that a consumer can enforce against the merchant on the grounds of the contract if the merchant failed to fulfill his part in the contract.

12.4

An extra guarantee is defined as every commitment of a merchant, his supplier, importer or manufacturer that grants a consumer rights or claims, in excess of those provided by law, for the event that he fails to fulfill his part in the contract.


Article 13 - Supply and implementation

13.1

The merchant will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

13.2

The place of delivery is deemed to be the address that the consumer makes known to the company.

13.3

Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.

13.4

Following dissolution in accordance with the previous paragraph, the merchant refunds the consumer immediately the sum he had paid.

13.5

The risk of damage and/or loss of products rests upon the merchant up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to the merchant, unless this has explicitly been agreed otherwise.


Article 14 - Extended duration transactions: termination, prolongation and duration

Termination

14.1

The consumer has a right at all times to terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a period of notice that does not exceed one month.

14.2

The consumer has a right at all times to terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.

14.3

With respect to contracts as described in the first two paragraphs, the consumer can:

a.

terminate them at all times and not be limited to termination at a specific time or during a specific period;

b.

terminate them in the same way as that in which they were concluded;

c.

always terminate them subject to the same period of notice as that stipulated for the merchant.

Prolongation

14.4

A fixed-term contract that was concluded for the regular supply of products (including electricity) or services may not be automatically prolonged or renewed for a fixed period of time.

14.5

In departure from that which is stated in the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be automatically prolonged for a fixed term that does not exceed three months, if the consumer is at liberty to terminate this prolonged contract towards the end of the prolongation, with a period of notice that does not exceed one month.

14.6

A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and, in the case of a contract to supply daily or weekly newspapers or magazines regularly but less than once per month, a period that does not exceed three months.

14.7

A fixed term contract for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial subscriptions or introductory subscriptions) will not be automatically prolonged and will automatically terminate at the end of the trial period or introductory period.

Duration

14.8

If the fixed-term of a contract exceeds one year, then after one year the consumer has at all times a right to terminate, with a period of notice that does not exceed one month, unless reasonableness and fairness dictate that premature termination of the contract would be unacceptable.


Article 15 - Payment

15.1

As far as no other date is stipulated in the contract or supplementary conditions, sums payable by the consumer should be paid within 14 days after commencement of the withdrawal period, or in the absence of a withdrawal period within 14 days after the conclusion of the contract. In the case of a contract to provide a service, this 14-day period starts on the day after the consumer received confirmation of the contract.

15.2

When selling products to consumers, the general terms and conditions may never stipulate an advance payment in excess of 50%. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.

15.3

The consumer is obliged to report immediately to the merchant any inaccuracies in payment data provided or stated.

15.4

If a consumer fails to fulfill his payment obligation(s) in good time, after the merchant has informed the consumer about the late payment, the consumer is allowed 14 days in which to fulfill the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed and the merchant has the right to charge reasonable extrajudicial costs of collection he has incurred. These costs of collection amount to, at the most: 15% of unpaid sums up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40. The merchant can make departures from these sums and percentages that are favorable to the consumer.


Article 16 - Complaints procedure

16.1

The merchant provides for a complaints procedure, which has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.

16.2

A consumer who has discovered shortcomings in the implementation of a contract must submit any complaints to the merchant without delay, in full and with clear descriptions.

16.3

A reply to complaints submitted to the merchant will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the merchant will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.


Article 17 – Retention of title

The title of the products delivered to the consumer shall only pass to the consumer when the consumer has paid the merchant in cleared funds the invoice value of those specific goods and the invoice value of all other goods that were sold or agreed to sell to the consumer. The risk of the products transfers to the consumer at the moment of delivery.


Article 18 – Additional provisions

18.1

Agreements entered into between the merchant and the consumer and which are subject to these terms and conditions are subject only to Dutch law.

18.2

The merchant retains the right to amend these terms and conditions. Amendments to these terms and conditions will only come into effect after they have been published, on the understanding that where amendments apply during the validity of an offer, the provision that is most favorable to the consumer will prevail.