Article 1 – Identity

Entrepreneur's name: Josephina
Address: Amsterdam, Netherlands
E-mail address: info@josephinajewelry.nl
Chamber of Commerce number: 73551945
VAT number: NL859573217B01

Article 2 – Definitions

In these 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 goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Reflection period : the period within which the consumer can exercise his right of withdrawal;
Consumer : the natural person who does not act 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 manner that allows future consultation or use for a period appropriate 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 cancel the distance contract within the cooling-off period;
Entrepreneur : the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
Distance contract : an agreement concluded between Josephina and the consumer in the context of an organized system for distance selling of products, digital content and/or services, whereby exclusive or joint use is made until the conclusion of the agreement of one or more techniques for remote communication;
Distance communication technology : means that can be used to conclude an agreement, 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 contract concluded between Josephina and a consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically. If this is not reasonably possible, before concluding the distance contract, Josephina will indicate how the general terms and conditions can be viewed electronically and that they will be sent free of charge in another way as soon as possible at the consumer's request.

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 errors in the offer do not bind Josephina.
Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.

Article 5 – The agreement

The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set.
If the consumer has accepted the offer electronically, Josephina will confirm receipt of the 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 secure web environment. If the consumer can pay electronically, Josephina will take appropriate security measures.
The entrepreneur can, within legal frameworks, 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, based on this investigation, Josephina 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 to the consumer no later than upon delivery of the product:

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 exercise 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 execution of the distance contract;

Article 6 – Right of withdrawal

The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product.
In deviation from 6.1, the right of withdrawal does not apply to the following products:
1. Products that are made and/or personalized according to your specification(s), such as:
  1. Products with personalized text
  2. Products with a personalized image such as a photo or fingerprint.
During the cooling-off period referred to in Article 6.1 as mentioned in these conditions, you must handle the product and packaging with care. You may unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that you may only handle and inspect the product as you would 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 packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store.
The consumer is only liable for any reduction in value of the product that is the result 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 exercises his right of withdrawal, he must report this to Josephina Jewelry within the cooling-off period.
As soon as possible, but within 14 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) Josephina. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Josephina.
The risk and 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 only returns part of the order, no shipping costs need to be paid back by Josephina Jewelry.

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

Josephina will reimburse all payments made by the consumer, excluding any delivery costs charged by Josephina Jewelry 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 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.
2A Warranty on our own collection of 9/14 carat jewelry is 6 months.
2B Warranty on unique vintage jewelry from 8/9/14/18 is 3 months
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 report this as soon as possible via info@josephinajewelry.nl. 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 it. Send us an email with your (1) name and order number, (2) photo or video of the defect and (3) a description of the problem.
Discoloration, bending and loss of jewelry are not covered by the warranty. Our products are not immune to normal wear and tear and activities. Damage due to a production error is within the warranty conditions.
A product may show discoloration or traces of wear as the product is worn longer and more frequently. Such discoloration depends on use and how the product is maintained and is therefore not a defect in the sense of a material or production error, 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 may happen that a skin type does not respond well to the material of our jewelry and the jewelry and skin together give a reaction such as a green print. This is not covered by the warranty of the jewelry.
Damage to products due to normal use is not covered by the warranty conditions. If it is determined that this is a manufacturing defect, your product will be repaired or replaced free of charge. Please note that the warranty lapses if a defect has arisen as a result of or is the result of carelessness because you or someone else has tried to modify the product or used the product for which it was not designed. In addition, losing jewelry is not covered by the warranty conditions.
The warranty does not apply if:
1. There are signs of use, discoloration and/or normal wear and tear as a result of use of the product
2. You have repaired and/or edited the delivered products yourself or had them repaired and/or edited by third parties
3. Products have been exposed to abnormal conditions or otherwise treated carelessly

Article 11 – The price, discounts, promotions and promotion conditions

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.
Josephina Jewelry is entitled to change these conditions at any time without prior notice or further notice afterwards.
The discount cannot be obtained on orders already placed and cannot be deducted/applied retroactively afterwards.
A discount code cannot be used together with another discount code, not even for discount promotions. When placing an order, only one discount code can be entered and used.
It is possible that Josephina Jewelry has promotions in its webshop where you receive a (promotional) product for free above a minimum spend of X amount. The promotional product will then be added to the order and invoice with a value of €0. If you return items from your order and the net total amount is lower than the required total amount of the offer, you must return the promotional product within 14 days. If you do not do this, Josephina Jewelry will send an invoice for the original price of the promotional product. Josephina Jewelry also reserves the right to discontinue the refund of the value of returned product(s) until the promotional product received has been returned or until you have paid the original amount of the promotional product. The minimum spend only concerns purchases of products, this does not apply to repairs and additions. A (promotional) product that you receive for free cannot be exchanged for goods or money. The free (promotional) product received has no warranty. (Promotional) products are only issued during a certain period and only while supplies last.
It is possible that Josephina Jewelry offers stacking discounts. This means that you will receive a certain discount for a certain order value. This could be a discount percentage or a discount amount. If you return items from your order and the net total amount is less than the total amount required to receive the discount can Josephina Jewelry a lower one apply a discount or no discount and settle it with the amount to be repaid. Example: Orders over €50 receive a 10% discount, orders over €100 receive a 20% discount. You place an order of € 110, so you receive a 20% discount on your purchases. You return a number of items and you keep € 55 of items. The discount rate is now 10%. We will offset it with the money you get back from the returned items.

Article 12 – Compliance and additional warranty

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 existing on the date of the conclusion of the agreement and/or 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 due to intent or negligence, in the event of normal wear and tear, in the event of damage due to failure to properly observe the operating instructions or instructions for use.
An additional 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 means any obligation of Josephina, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement.

Article 13 – Delivery and execution

Josephina will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
Josephina delivers while supplies last.
Ownership of delivered products is transferred to the consumer after the amount due has been paid. The risk of the products passes at the time of delivery to the consumer.
The place of delivery is the address that the consumer has provided to Josephina.
Taking into account what is stated in Article 4 of these general terms and conditions, Josephina will execute accepted orders expeditiously, but no later than within 7 days, unless a different 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 as soon as possible.
After dissolution in accordance with the previous paragraph, Josephina will immediately refund the amount paid by the consumer.
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

Unless otherwise stated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after concluding 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 to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
If the consumer does not fulfill his payment obligation(s) on time, he is, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the If payment is not made within this 14-day period, 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 may deviate from the stated amounts and percentages for the benefit of the consumer.

Payment afterwards:

If you opt for post-payment, you must pay the amount to Klarna BV (hereinafter: “Klarna”) within the stated payment term. After all, we have transferred all rights under the claim to Klarna, which will collect the claim. Your data is checked and registered by or on behalf of Klarna. This data can be used, among other things, for the collection of outstanding receivables, 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 term. If payment is not made on time, the customer is therefore in default without notice of default and Klarna is entitled to charge monthly statutory commercial interest (where part of a month is considered as a whole month) from the due date of the invoice. Klarna is also entitled to charge the customer extrajudicial collection costs under 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 thus calculated. These costs amount to a minimum of 15% of the principal amount with a minimum of 40 euros for consumers and 75 euros for companies. Klarna is also entitled to transfer the claim to a third party. In that case, what has been determined in the foregoing with regard to Klarna will also be transferred to the third party to whom the claim has been transferred.

Josephina offers consumers various payment methods. The consumer is bound by the conditions of the chosen payment method. Josephina has no influence over these conditions and cannot be held liable for their rights.
The following payment methods are possible at Josephina:

iDEAL
Visa
Maestro
American Express
MasterCard
Clarna
Paypal

Article 15 – Complaints procedure

Josephina has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution 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 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Josephina will respond within 14 days with an acknowledgment of receipt and an indication of 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 must contact us via email: info@josephinajewelry.nl. The following information is required: 1. Order number & name, 2. Photo/video of the product, 3. Explanation of the problem. Josephina Jewelry reserves the right to assess each situation individually. Only if Josephina Jewelry determines a manufacturing error, the product will be replaced or repaired free of charge. Damage to products outside the warranty period is not covered by the warranty conditions. Damage due to use and negligence of the customer is also not covered by the warranty period.
Josephina Jewelry's warranty is not valid in the following cases:
1. Theft or loss of the product
2. Normal usage damage and aging of the materials
3. Intentionally caused damage
4. Water damage and damage from chemicals
5. Damage due to negligence
6. User damage due to 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 later.
If a provision of the general terms and conditions is declared void, the other provisions will remain in force. Josephina may establish a new provision to replace the annulled provision.
Josephina is entitled to transfer the agreement with a consumer to a third party by simply notifying the consumer.
Agreements between Josephina and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
If Josephina lends goods to a consumer or company, Josephina can retrieve the loaned goods at any time.

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