Article 1 – Identity

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

Article 2 – Definitions

In these terms and conditions:

1. Supplementary 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 delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Reflection period : the period within which the consumer can make use of his right of withdrawal;
3. Consumer : the natural person who does not act for purposes related to his trade, business, craft or profession;
4. Day : calendar day;
5. Digital content : data produced and delivered in digital form;
6. Duration contract : an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Durable data carrier : any tool - including e-mail - that enables the consumer or Josephina to store information that is addressed to him personally in a way that allows future consultation or use during a period that is appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal : the option of the consumer to waive the distance contract within the cooling-off period;
9. Entrepreneur : the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract : an agreement concluded between Josephina and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby exclusive or partial use is made up to and including the conclusion of the agreement of one or more remote communication techniques;
11. Technique for distance communication : means that can be used to conclude an agreement, without the consumer and Josephina having to be in the same room at the same time.

Article 3 – Applicability

1. These general terms and conditions apply to every offer from Josephina and to every distance contract concluded between Josephina and a consumer.
2. 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, 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 in another way at the request of the consumer as soon as possible.

Article 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
2. Obvious mistakes or errors in the offer do not bind Josephina.
3. 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

1. The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
2. If the consumer has accepted the offer electronically, Josephina will confirm receipt of the acceptance of the offer electronically.
3. If the agreement is concluded electronically, Josephina 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, Josephina will observe appropriate security measures.
4. 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, on the basis of 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 implementation.
5. 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 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 guarantees 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

1. The consumer can dissolve 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 about the reason for the withdrawal, but not oblige him 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 in advance by the consumer, who is not the carrier, has received the product.
3. Contrary to 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.
4. 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 operation of the product. The starting point here is that you may only handle and inspect the product as you would be allowed to do in a shop.

Article 7 – Obligations of the consumer during the cooling-off period

1. 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 operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. 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 – Exercising the right of withdrawal by the consumer and costs thereof

1. If the consumer makes use of his right of withdrawal, he will report this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner to Josephina.
2. 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. 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 accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Josephina.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct costs of returning the product.
6. More information about returning products can be found on the website
7. If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
8. If the consumer only returns part of the order, no shipping costs need to be paid back to Josephina.

Article 9 – Obligations of the entrepreneur upon withdrawal

1. Josephina will reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal.
2. Josephina uses the same means of payment that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund 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, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 – Warranty

1. The warranty on gold plated brass and sterling silver jewelry is 1 month.

2. Warranty on 8/9/14/18 carat jewelry is 3 months.

3. Production errors will always be noticed soon after wearing the jewellery. 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 this. Send us an e-mail with your order number, name, photo of the defect and a description of the problem.
4. 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 does fall within the warranty conditions.
5. It is possible that a product shows discoloration or traces of wear as the product is worn longer and more frequently. Such discoloration depends on the use and how the product is maintained and is therefore not a defect in the sense of a material or production 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 jewelery 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. This is not covered by the warranty of the jewelry.
6. Damage to products through normal use is not covered by the warranty conditions. If it is determined that it concerns a manufacturing defect, your product will be repaired or replaced free of charge. Please note that the warranty is void if a defect has arisen as a result of or resulting from negligence because you or someone else has 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.
7. The warranty does not apply if:
   1. There are signs of use, discoloration and/or normal wear and tear as a result of using the product
   2. You have repaired and/or modified the delivered products yourself or had them repaired and/or modified by third parties
   3. Products have been exposed to abnormal conditions or are otherwise handled carelessly

Article 11 – The price and discounts

1. 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.
2. The prices stated in the offer of products or services include VAT. 
3. Prices may change due to (temporary) discounts and promotions. When an order has been placed and Josephina Jewelry later gives a (temporary) promotion or discount, it is not possible to receive the difference in price back.

Article 12 – Compliance and extra guarantee

1. Josephina guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or provisions 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.
2. 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, in the event of damage due to failure to properly observe the instructions for use or instructions for use.
3. 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.
4. An additional guarantee is understood to mean any obligation of Josephina, its supplier, importer or producer in which it assigns certain rights or claims to the consumer that go beyond what it is legally obliged to do in the event that it has failed to fulfill its part of the agreement.

Article 13 – Delivery and performance

1. Josephina will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. Josephina delivers while stocks last.
3. The ownership of delivered products transfers to the consumer after the amount due has been paid. The risk of the products passes at the time of delivery to the consumer.
4. The place of delivery is the address that the consumer has made known to Josephina.
5. With due observance of 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 the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this as soon as possible.
6. After dissolution in accordance with the previous paragraph, Josephina will immediately refund the amount paid by the consumer.
7. 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

1. Unless otherwise stipulated in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the reflection period commences, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in the general terms and conditions. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
4. 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 due on the amount still due and the entrepreneur will be 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.

Payment afterwards:

1. If you opt for post-payment, 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, which 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 receivables, marketing purposes, data verification and the testing of orders in the implementation of the acceptance policy of organizations affiliated with Klarna and/or clients. Klarna reserves the right to refuse the customer's request for payment on account. The payment term used is a 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 (part of a month being regarded as a whole month). Klarna is also entitled to charge extrajudicial collection costs to the customer pursuant to 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 at least 15% of the principal 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. 

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

• iDEAL
• Visa
• Maestro
• American Express
• MasterCard
• Klarna
• Paypal

Article 15 – Complaints procedure

1. Josephina has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. 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.
3. 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 respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
4. The warranty period is 1 month after receipt of the order. The guarantee can only be invoked when a purchase has been made on our webshop www.josephinajewelry.nl. The customer must contact us by e-mail: 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 when Josephina Jewelry determines a manufacturing defect will the product 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 on the part of the customer is also not covered by the warranty period.
5. 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. Intentional damage
   4. Water damage and chemical damage
   5. Damage due to negligence
   6. User damage due to wearing the product

Article 16 – Other

1. 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.
2. 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 provision declared void.
3. Josephina is entitled to transfer the agreement with a consumer to a third party by mere notification to the consumer.
4. Only Dutch law applies to agreements between Josephina and the consumer to which these general terms and conditions apply.
5. If Josephina lends goods to a consumer or company, Josephina can retrieve the loaned goods at any time.