Article 1 – Identity
Entrepreneur's name: Josephina
Address: Amsterdam, Netherlands
Chamber of Commerce number: 73551945
VAT number: NL859573217B01
Article 2 – Definitions
In these terms and conditions, the following definitions apply:
- Additional agreement : an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between the third party and the entrepreneur;
- Reflection period : the period within which the consumer can make use of his right of withdrawal;
- Consumer : the natural person who is not acting for purposes related to his trade, business, craft or profession;
- Day : calendar day;
- Digital content : data produced and delivered in digital form;
- Duration agreement : an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
- Durable data carrier : any tool - including e-mail - that enables the consumer or Josephina to store information addressed to him personally in a way that prevents future consultation or use during a period that is tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of withdrawal : the consumer's option to waive the distance contract within the cooling-off period;
- Entrepreneur : the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
- Distance contract : an agreement concluded between Josephina and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement of one or more techniques for remote communication;
- Distance communication technology : means that can be used to conclude a contract, without the consumer and Josephina having to meet in the same room at the same time.
Article 3 – Applicability
- These general terms and conditions apply to every offer from Josephina and to every distance agreement concluded between Josephina and a consumer.
- Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer electronically. If this is not reasonably possible, Josephina will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed electronically and that they will be sent free of charge as soon as possible at the request of the consumer.
Article 4 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
- Obvious mistakes or obvious errors in the offer are not binding on Josephina.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 – The agreement
- The agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
- If the consumer has accepted the offer electronically, Josephina will confirm receipt of acceptance of the offer electronically.
- If the agreement is concluded electronically, Josephina will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, Josephina will observe appropriate security measures.
- Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If Josephina, on the basis of this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
- Josephina will send the following information at the latest upon delivery of the product to the consumer:
- the visiting address of the Josephina branch where the consumer can go with complaints;
- the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
- the information about existing service and warranties after purchase;
- the price including all taxes of the product, the costs of delivery and the method of payment, delivery or performance of the distance contract;
Article 6 – Right of withdrawal
- The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
- The reflection period referred to in paragraph 1 starts 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.
- Contrary to 6.1, the right of withdrawal does not apply to the following products:
- Products made and/or personalized according to your specification(s), such as:
- Products with personalized text
- Products with a personalized image such as a photo or fingerprint.
- Products made and/or personalized according to your specification(s), such as:
- During the cooling-off period as referred to in Article 6.1 as referred to in these terms and conditions, you must handle the product and the packaging with care. You may unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that you may only handle and inspect the product as you would be allowed to do in a store.
Article 7 – Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
- If the consumer makes use of his right of withdrawal, he will report this to Josephina within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
- 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 (an authorized representative of) Josephina. 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 reflection period has expired.
- 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 Josephina.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer bears the direct costs of returning the product.
- More information about returning products can be found on the website
- If the consumer exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
- If the consumer returns only part of the order, no shipping costs have to be paid back to Josephina.
Article 9 – Obligations of the entrepreneur in the event of withdrawal
- Josephina will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal.
- Josephina uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Article 10 – Warranty
The warranty on gold plated brass and sterling silver jewelry is 1 month.
The warranty on 9K and 14K gold jewelry is 1 year.
Production errors will always be noticed soon after wearing the jewelry. Please contact us as soon as possible.
- If you have received a damaged or broken product, you must inform us as soon as possible via firstname.lastname@example.org. If you wait longer than 5 days, we can no longer be held liable. Always wait before wearing the jewelry if you notice a defect or damage and want to contact us about this. Send us an email with your order number, name, photo of the defect and a description of the problem.
- Discoloration, bending and loss of jewelry are not covered by the warranty. Our products are not impervious to normal wear and tear and activities. Damage due to a production error is covered by the warranty conditions.
- A product may show discoloration or traces of wear the longer and more frequent the product is worn. Such discolouration depends on the use and how the product is maintained and is therefore not a defect in the sense of a material or manufacturing defect, even if this occurs within 1 month. This depends on various external circumstances, including the location and where the product is stored, the care with which the product is used, the skin type of the wearer and the extent to which the jewelry is exposed to other influences that can cause wear and/or discoloration. such as sunlight, sweat, water and heat. It is possible that a skin type does not react well to the material of our jewelry and the jewelry and skin together give a reaction such as a green print.
- Damage to products through normal use is not covered by the warranty conditions. If it is determined that a manufacturing defect is involved, your product will be repaired or replaced free of charge. Please note, the warranty is void if a defect has arisen as a result of or is the result of carelessness because you or someone else tried to modify the product or used the product for which it was not made. In addition, losing jewelry is not covered by the warranty conditions.
- The warranty does not apply if:
- There are signs of use, discoloration and/or normal wear and tear as a result of using the Product
- You have repaired and/or modified the delivered Products yourself or have had them repaired and/or modified by third parties
- Products have been exposed to abnormal conditions or otherwise handled carelessly
Article 11 – The price and discounts
- 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 as a result of changes in VAT rates.
- The prices stated in the offer of products or services include VAT.
- Prices may change due to (temporary) discounts and promotions. When an order has been placed and Josephina Jewelry later offers a (temporary) promotion or discount, it is not possible to receive the difference in price back.
Article 12 – Compliance and extra guarantee
- Josephina guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or usability existing on the date of the conclusion of the agreement. or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- No claim can be made under paragraph 1 in the event of damage caused by intent or negligence, in the event of normal wear and tear, or in the event of damage due to failure to observe the instructions for use or instructions for use in the correct manner.
- An extra guarantee provided by Josephina, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against Josephina under the agreement if Josephina has failed to fulfill its part of the agreement.
- An additional guarantee is understood to mean any commitment by Josephina, its supplier, importer or producer in which it grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement.
Article 13 – Delivery and execution
- Josephina will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- Josephina delivers while supplies last.
- Ownership of the delivered products transfers to the consumer after the amount due has been paid. The risk of the products is transferred at the time of delivery to the consumer.
- The place of delivery is the address that the consumer has made known to Josephina.
- With due observance of what is stated in article 4 of these general terms and conditions, Josephina will execute accepted orders expeditiously but at the latest within 7 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified as soon as possible.
- After dissolution in accordance with the previous paragraph, Josephina will immediately refund the amount that the consumer has paid.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 – Payment
- Insofar as not provided otherwise in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
- When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
- The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
- If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the If payment is not made within this 14-day period, the statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
- If you opt for payment in arrears, you must pay the amount to Klarna BV (hereinafter: “Klarna”) within the set payment term. After all, all rights under the claim have been transferred by us to Klarna, who will take care of the collection of the claim. Your data will be checked and registered by or on behalf of Klarna. This data can be used, among other things, for the collection of outstanding claims, marketing purposes, data verification and the testing of orders in the implementation of the acceptance policy of organizations and/or clients affiliated with Klarna. Klarna reserves the right to refuse the customer's request for payment on account. The payment term used is a strict deadline. In the event of late payment, the customer is therefore in default without notice of default and Klarna is entitled to charge statutory commercial interest on a monthly basis from the due date of the invoice (whereby part of a month is regarded as a whole month). Klarna is also entitled to charge extrajudicial collection costs to the customer on the basis of the law. In the case of business customers, Klarna is also entitled to charge reminder and reminder costs to the customer, without prejudice to Klarna's right to charge the customer for the costs actually incurred if they exceed the amount calculated in this way. These costs amount to a minimum of 15% of the principal with a minimum of 40 euros for consumers and 75 euros for businesses. Klarna is also entitled to transfer the claim to a third party. In that case, the provisions of the foregoing with regard to Klarna will also be transferred to the third party to whom the claim has been transferred.
- Josephina offers the consumer various payment methods. The consumer is bound by the conditions of the chosen payment method. Josephina has no influence over these terms and conditions and cannot be held liable for the rights thereof.
- The following payment methods are available at Josephina:
- American Express
Article 15 – Complaints procedure
- Josephina has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the implementation of the agreement must be submitted fully and clearly described to Josephina within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to Josephina will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Josephina will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer.
- The warranty period is 1 month after receipt of the order. The warranty can only be invoked when a purchase has been made on our webshop www.josephinajewelry.nl. The customer should contact us by e-mail: email@example.com. The following information is required: 1. Order number & name, 2. Photo/video of the product, 3. Explanation of problem. Josephina Jewelry reserves the right to assess each situation individually. The product will only be replaced or repaired free of charge if Josephina Jewelry determines a manufacturing defect. Damage to products outside the warranty period is not covered by the warranty conditions. Also damage due to use and negligence of the customer is not covered by the warranty period.
- The Josephina Jewelry warranty is not valid in the following cases:
- Theft or loss of the product
- Normal usage damage and aging of the materials
- Intentionally inflicted damage
- Water and Chemical Damage
- Damage due to negligence
- User damage caused by wearing the product
Article 16 – Other
- Deviations from these general terms and conditions can only be agreed in writing. No rights can be derived from such deviations with regard to legal relationships entered into at a later date.
- If a provision of the general terms and conditions is declared null and void, the other provisions will remain in force. Josephina may adopt a new provision to replace the annulled provision.
- Josephina is entitled to transfer the agreement with a consumer to a third party by mere notification to the consumer.
- Only Dutch law applies to agreements between Josephina and the consumer to which these general terms and conditions apply.
- If Josephina lends goods to a consumer or company, Josephina can at all times retrieve the goods on loan.