GENERAL TERMS AND CONDITIONS
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 – Obligations of the consumer during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – The price
Article 11 – Risk and transfer of ownership
Article 12 – Compliance with the agreement and additional warranty
Article 13 – Delivery
Article 14 – Complaints procedure
Article 15 – Liability
Article 16 – Force Majeure
Article 17 – Right to change conditions
Article 18 – Privacy
Article 19 – Applicable law and competent court
ARTICLE 1 – DEFINITIONS
In these terms and conditions the following terms shall have the following meanings:
1. Entrepreneur: the natural or legal person who offers products to consumers at a distance. Hereinafter referred to as JOZ Amsterdam.
2. Consumer: a natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with JOZ Amsterdam.
3. Distance contract: an agreement concluded 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.
4. Reflection period: the period (8 days) within which the consumer can make use of his right of withdrawal.
5. Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period.
6. Day: calendar day
7. Model withdrawal form: the European model withdrawal form included in Appendix I to these terms and conditions;
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
JOZ Amsterdam
Berenstraat 29
1016 GG Amsterdam
Phone number:
(+31) 020 362 75 46
Email address: info@jozamsterdam.nl
Chamber of Commerce number: 77651200
VAT number: 001961240 B 03
ARTICLE 3 – APPLICABILITY
These general terms and conditions apply to the use of this website, every offer on this website and every Purchase Agreement concluded between JOZ Amsterdam and Consumer.
ARTICLE 4 – THE OFFER
1. The entire range of JOZ Amsterdam is without obligation and JOZ Amsterdam expressly reserves the right to change prices.
2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. All images used by JOZ Amsterdam are true representations. Obvious mistakes or errors in the offer do not bind JOZ Amsterdam.
3. The consumer has the right to a withdrawal period of fourteen (8) days.
ARTICLE 5 – THE AGREEMENT
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, JOZ Amsterdam will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by JOZ Amsterdam, the consumer can dissolve the agreement.
3.If the agreement is concluded electronically, JOZ Amsterdam will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures to that end.
4. JOZ Amsterdam may, within the legal framework, inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, JOZ Amsterdam has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. JOZ Amsterdam will send the following information to the consumer at the latest upon delivery of the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
• the visiting address of the JOZ Amsterdam branch where consumers can submit complaints;
• the conditions under which and the manner in which the consumer can
can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• information about guarantees and existing after-sales service;
• the price including all taxes of the product; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
• if the consumer has a right of withdrawal, the model form for
revocation.
ARTICLE 6 – RIGHT OF WITHDRAWAL
1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 8 days without giving reasons. JOZ Amsterdam may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that he has clearly informed the consumer of this prior to the ordering process.
b. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or the last part;
c. in the case of agreements for regular delivery of products during a specific period: the day on which the consumer, or a third party designated by the consumer, has received the first product.
ARTICLE 7 – OBLIGATIONS OF THE CONSUMER DURING THE COOLING-OFF PERIOD
1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature and characteristics of the product. The starting point is that the consumer leaves all labels, price tags, stickers and the like attached to the product and only tries on the product and does not wear/use it.
2. The consumer is liable for any decrease in value of the product if the provisions of paragraph 1 have not been met.
3.The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
ARTICLE 8 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS THEREOF
1. If the consumer exercises his right of withdrawal, he reports this within the cooling-off period by means of the model withdrawal form to JOZ Amsterdam.
2. As soon as possible, but within 8 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
3. The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur. The right of withdrawal lapses when:
• The product has been worn or washed;
• No longer provided with original labels;
• The consumer has attempted to repair a defect himself;
• The instructions for use and/or operating instructions have not been followed;
• JOZ Amsterdam will process a product in good condition within 8 days after it has been returned.
received, the full purchase amount will be refunded directly to the bank account;
• JOZ Amsterdam will resolve any problems as quickly as possible.
Questions/notifications or complaints regarding an order can be sent by e-mail
be made known on info@jozamsterdam.nlThe notification must include your name and email address known to JOZ Amsterdam.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer shall bear the direct costs of returning the product.
6. If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
ARTICLE 9 – OBLIGATIONS OF THE ENTREPRENEUR IN CASE OF WITHDRAWAL
1. If the entrepreneur makes it possible for the consumer to notify the withdrawal electronically, he will immediately send an acknowledgement of receipt after receiving this notification.
2. JOZ Amsterdam uses the same payment method for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
3. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Trade Studio is not required to reimburse the additional costs for the more expensive method.
ARTICLE 10 – THE PRICE
1. The stated prices for the products offered are in euros and include VAT.
2. 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 due to changes in VAT rates.
3. By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.
4. After placing an order, the consumer will immediately receive a confirmation by e-mail stating the total costs, including shipping costs.
5.JOZ Amsterdam will not refund price differences if an item is discounted at a later date.
ARTICLE 11 – TRANSFER OF RISK AND OWNERSHIP
The risk for the products is transferred at the time of delivery. Ownership of the products is only transferred to the Consumer when full payment has been received for all amounts due in respect of the products, including delivery costs.
ARTICLE 12 – COMPLIANCE WITH AGREEMENT AND ADDITIONAL WARRANTY
1. JOZ Amsterdam guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded.
2. JOZ Amsterdam is not liable for defects or resulting damage that arise after delivery of the products as a result of unskilled use or lack of care, or that are the result of changes or repairs that the consumer or third parties have made to the delivered goods.
3. Any failure by JOZ Amsterdam to fulfil its obligations gives the consumer the right to terminate the agreement in whole or in part, unless the failure – given its special nature or minor significance – does not justify this termination and its consequences. Insofar as fulfilment is not permanently or temporarily impossible, the right to terminate only arises when the defaulting party
is in default.
4. If JOZ Amsterdam is in default, the consumer can inform him in writing to claim replacement damages instead of performance. This conversion is not possible if the shortcoming – given its minor significance – does not justify it.
5. An additional guarantee provided by JOZ Amsterdam, its supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil his part of the agreement. An additional guarantee is understood to mean any obligation of the entrepreneur, its supplier, importer or
producer in which it grants the consumer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the agreement.
ARTICLE 13 – DELIVERY
1. As soon as JOZ Amsterdam has received payment for the order, the order will be sent via Post-NL to the delivery address specified in the order. Orders will be sent within 3 working days at the latest. If JOZ Amsterdam deviates for any reason, the consumer will be notified by e-mail.
2. Exceeding the agreed delivery times does not entitle the consumer to compensation, termination of the agreement or non-fulfilment of any obligation under the agreement.
3. The product must be delivered to the consumer no later than 30 days after ordering. If this does not happen, the customer can immediately cancel the purchase.
4. It is permitted that delivery is sent in parts. In this case, no additional shipping costs are associated with the consumer.
5. JOZ Amsterdam tries to keep the website as up to date as possible. However, it may happen that a product is unexpectedly no longer available. In this case, JOZ Amsterdam will contact the customer as soon as possible.
6. The place of delivery is the address that the consumer has made known to JOZ Amsterdam.
7.The risk of damage and/or loss of products rests with JOZ Amsterdam until the moment of delivery to the consumer or a previously designated representative made known to JOZ Amsterdam, unless expressly agreed otherwise.
ARTICLE 14 – COMPLAINTS PROCEDURE
1. The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
ARTICLE 15 – LIABILITY
1. Any liability of JOZ Amsterdam and the personnel and products of JOZ Amsterdam for any damage of any nature whatsoever, direct or indirect, including business damage, consequential damage, damage to (im)movable property or to persons, is expressly excluded.
2. JOZ Amsterdam accepts no liability for any damage resulting from the use of JOZ Amsterdam products.
3. Any liability of JOZ Amsterdam towards the buyer is in any case limited to a maximum of the invoice amount that the buyer owes to JOZ Amsterdam under the relevant agreement.
ARTICLE 16 – FORCE MAJEURE
1. Force majeure is understood to mean any shortcoming that cannot be attributed to JOZ Amsterdam. Attribution will not take place if the shortcoming is not attributable to JOZ Amsterdam's fault, nor is it attributable to it by law, legal act or generally accepted opinion.
2. In the event of force majeure, JOZ Amsterdam has the right, at its own discretion, to suspend the execution of the consumer's order or to dissolve the agreement without judicial intervention.
3. The consumer will be notified of the force majeure by e-mail to JOZ Amsterdam as soon as possible, unless the consumer's address has not been made known to JOZ Amsterdam, nor could reasonably be known.
ARTICLE 17 – RIGHT TO CHANGE TERMS
JOZ Amsterdam has the right to revise and change these terms and conditions from time to time. The Consumer is bound by the policy and terms and conditions in force at the time the products are ordered, unless a change to this policy, these terms and conditions or the Privacy Statement is required by law or by a government authority, in which case the change will also apply to orders previously placed by the Consumer.
ARTICLE 18 – PRIVACY
All personal data will only be used to process the order and will never be made available to third parties.
ARTICLE 19 – APPLICABLE LAW AND COMPETENT COURT
1. All rights, obligations, offers, orders and agreements to which these conditions apply are exclusively governed by Dutch law.
2. All disputes between the parties will be submitted exclusively to the competent court in the Netherlands.These General Terms and Conditions of Sale of JOZ Amsterdam have been filed with the Trade Register in Amsterdam, under Chamber of Commerce number 77651200.