TERMS & CONDITIONS
DEFINITIONS
1.1. Seller: Van Jos, a sole proprietorship:
1. having its registered address at AMSTERDAM, The Netherlands.
2. VAT number: NL 1884 02 329 B01
3. Registration number Chamber of Commerce (CoC): 34354022
4. E-mail address: [email protected]
5. Telephone: +31 (0)6 24 77 29 62
1.2. Buyer: a natural person who is eighteen (18) years or older, who is not acting within the context of practicing
a profession or conducting a business, with whom Seller concludes an Agreement.
1.3. Order: an order placed by Buyer in accordance with the procedure described in Article 3 for the delivery of
one or more Product(s).
1.4. Product: A Van Jos product that Seller offers for sale on the Website.
1.5. Purchase Price: the price indicated on the Website for a Product, including the VAT.
1.6. Agreement: The Order, which Seller has accepted as such.
1.7. Website: www.vanjos.nl
APPLICABILITY
2.1. The Terms and Conditions that have been made available online by Seller on www.vanjos.nl govern all offers, orders, agreements and other legal relationships between Buyer and Seller with respect to the use of the Website, including the purchase and sale of a Product on or via the Website.
CONCLUSION AND CONTENT OF THE AGREEMENT / ORDERING PROCESS
3.1. The Agreement will be concluded by Buyer and Seller exclusively by means of Seller’s acceptance of the Order (the offer) from Buyer that has been placed on or via the Website in the following manner:
1. Buyer has selected the Product desired in the desired style and has added the Product to the shopping cart;
2. Buyer has followed and completed the following steps:
1. Buyer has filled in his/her address details and, if the delivery address is not the same as the invoice address, the delivery address desired;
2. Buyer has checked the order;
3. Buyer has selected the payment method desired and possibly has made a full advance payment;
4. The Order has been placed; and
5. Buyer has received a confirmation by e-mail of the Order that has been placed in an electronic manner (via the Website).
3.2. If Seller has accepted the Order, Seller will send Buyer a confirmation, by e-mail, as soon as possible after the Order has been placed.
3.3. Seller will be entitled to reject the Order placed by Buyer in the following cases, among others:
1. if the total value of the Order is above € 1,000.00;
2. if the information that Buyer has filled in is incorrect and/or incomplete, or if Seller is reasonably entitled to doubt whether that is the case;
3. if Buyer’s payment is not received within the agreed term;
4. if Buyer has already failed to comply with his/her payment obligations towards Seller in the past;
5. if Buyer in the past has failed to accept and/or collect Orders that he/she placed with Seller; and/or
6. if there is an obvious mistake or clerical error, for example in the prices indicated on the Website.
3.4. Seller will notify Buyer as quickly as possible if the Order is not accepted.
3.5. Seller will keep the Agreement on file and retain it for a certain term (having a minimum of seven years). If Buyer has his/her own account he/she will be able to consult the Agreement by logging in to that account. Buyer may also request a copy of the Agreement from Seller – as long as Seller has it on file – by contacting Seller via the contact details that can be obtained by clicking on the ‘Contact’ button on the Website.
3.6. The Agreement, including the security and privacy placed on the Website and the General Terms and Conditions, constitute the entire agreement between Buyer and Seller with respect to the use of the Website and the placement and execution of an Order.
DELIVERY
4.1. Shipment will be made using a carrier designated by Seller.
4.2. After the Agreement has been concluded Seller will send the Products as quickly as possible, and in any event within seven (7) days, to the address indicated by Buyer, provided that Seller has received the full Purchase Price if Buyer has chosen for advance payment and unless the parties have agreed on a longer delivery period.
4.3. Seller will make delivery in accordance with agreed delivery dates to every extent possible; however, Buyer acknowledges that the delivery dates are based on the circumstances of which Seller is aware at the time at which the Agreement is concluded and, insofar as they are dependent on work or services to be provided by third parties, on the information that such third parties provide to Seller.
4.4. Buyer will receive notice within fourteen (14) days after the Agreement is concluded in the event that the delivery is delayed or in the event that an order cannot be executed in whole or in part, in which case Buyer will be entitled to dissolve the Agreement free of charge until the time at which the Order is shipped.
4.5. The risk with respect to any damage to or loss of the Products will be transferred to Buyer as from the time at which the Products are delivered.
PRICE AND PAYMENT
5.1. The prices indicated on the Website are denominated in euros, are inclusive of Value Added Tax (VAT), if applicable, and are exclusive of shipping costs. The shipping costs will be charged separately in respect of each agreement. The total Purchase Price due will be indicated when the Order is placed and when the Agreement is confirmed.
5.2. Seller will be entitled to adjust the prices indicated on the Website from time to time without any notice being required. The prices indicated at the time at which the Order is placed will be deemed to be the prices that form part of the Agreement.
5.3. Payment may be made using the methods indicated on the Website and must be made before after the Product has been delivered.
5.4. Buyer is obliged to notify Seller immediately regarding any errors in the payment details that Buyer has provided to Seller.
5.5. In the event that Buyer exceeds the term for payment he/she will be in default by operation of law, and Seller will be entitled to charge statutory interest on the outstanding amount as from the due date.
RETURN
6.1. Buyer will be entitled to return the Product that has been delivered, within a term of fourteen (14) days after the Product has been received, without stating his/her reason for doing so, in the manner indicated by Seller, provided that the Product has not been used, is undamaged and, insofar as possible, is in the original and undamaged packaging. Buyer will not be permitted to exchange the Product for another Product. If Buyer wishes to purchase another Product he/she will have to place a new order on the Website. Any costs made for returning the goods will be for Buyer’s account.
6.2. In the case referred to in the preceding subsection, Seller will refund the Purchase Price as quickly as possible, but in any event within 30 days after the Agreement has been terminated. If not all the Products that form part of the Agreement are returned, Seller will be entitled to deduct the original shipping costs from the Purchase Price to be refunded because the same amount of shipping costs will be due for the Products that have not been returned.
FORCE MAJEURE
7.1. Seller is not liable for any damage as a result of a delay in the delivery or a failure to deliver that has been caused by circumstances that impede Seller from complying with its obligations, and that cannot be attributed to Seller because they cannot be blamed on Seller, and cannot be deemed to be for Seller’s account in accordance with the law, a legal act or in accordance with generally accepted standards, such as – but not restricted to – war, threat of war, civil war, riots, a day of national mourning announced by the government, strikes, transport problems, trade limitations, problems with customs authorities, fire, flooding, earthquake or the bankruptcy of third parties engaged by Seller, a failure on the part of Seller’s suppliers to supply goods or a failure on the part of Seller’s suppliers to supply goods in a timely manner, interruptions in the supply of goods to be delivered by third parties, including water and electricity, and other serious interruptions in the business operations of Seller or third parties that it engages.
7.2. If as a result of a situation involving force majeure Seller fails to comply with its obligations under the Agreement or fails to do so in a timely manner, Seller will be entitled to perform the Agreement within a reasonable term or – if compliance within a reasonable term is not possible – to dissolve the Agreement in whole or in part, without Seller being obliged to pay Buyer any compensation in that respect.
QUESTIONS AND COMPLAINTS
8.1. The contact details of Seller can be found by clicking on the ‘Contact’ button on the Website.
8.2. Buyer will be obliged to inspect the Product when it has been delivered and to notify Seller within a reasonable term in the event that there are any visible defects or other complaints regarding the performance of the Agreement. Such complaints must be submitted in writing and must be fully and clearly substantiated.
8.3. Seller will respond to any complaints that it receives within a term of fourteen (14) days after receipt. Seller will notify Buyer within a term of fourteen (14) days in the event that it is foreseeable that the complaint will require a longer term to be processed, stating the term within which Buyer can expect to receive an answer.
8.4. The Products are handcrafted and unique. Buyer acknowledges that minor deviations, deviations that are generally considered acceptable and deviations that cannot be avoided or that are difficult to avoid in respect of the quality, size, color, finishing, etc. of the Products cannot be avoided or are difficult to avoid and do not constitute a well founded reason to submit a complaint. Such complaints, and complaints regarding the fact that certain articles have been taken out of the product range, are not well founded. Seller will not be liable for any damage that Buyer sustains as a result of such complaints.
8.5. Buyer will fully cooperate in the event that Seller recalls a Product. Buyer will notify Seller immediately in the event that Buyer suspects that the Product has a safety defect and is subject to being recalled.
INTELLECTUAL PROPERTY
9.1. Any and all marks, product names, logos, models and designs (referred to below as the ‘IP Rights’) that are depicted on or affixed to the Products or otherwise related to the Products are the property of Seller or affiliated third parties. Buyer acknowledges Seller’s or the applicable third party’s proprietary rights in respect of the IP Rights and will refrain from using the IP Rights in any way, and Buyer will refrain from any conduct that could harm or otherwise negatively affect the IP Rights.
9.2. Seller refers to the disclaimer with regard to the intellectual property rights in respect of the Website (‘Disclaimer’).
RETENTION OF TITLE
10.1. Seller will retain the title in respect of any and all goods to be delivered until the following obligations of Buyer towards Seller have been complied with in full:
1. the performance and obligations (including payment obligations) that Buyer owes/has in respect of any and all goods that have been or that will be delivered in accordance with the Agreement; and
2. claims on the ground of Buyer’s breach in respect of his/her compliance with the Agreement.
GUARANTEE AND LIABILITY
11.1. Seller is not liable for any indirect, additional or consequential damage, of any kind whatsoever, that Buyer sustains in connection with the Agreement. Under no circumstances will any direct damage, for which Seller is legally liable towards Buyer, exceed the Purchase Price. This provision is not intended to exclude Seller’s liability in the event of bodily injury or death.
11.2. Seller refers to the Disclaimer with regard to its liability in respect of the Website and the use of the Website
PRIVACY
12.1. The personal details as provided by Buyer for placing the Order will be processed in accordance with the Privacy Policy.
GOVERNING LAW AND COMPETENT COURT
13.1. The Terms and Conditions and the Agreement are governed by Dutch law.
13.2. Any and all disputes arising from the Terms and Conditions and the Agreement will be submitted to the competent court of Amsterdam, The Netherlands.
INVALID PROVISIONS
14.1. In the event that any provision contained in the Terms and Conditions is invalid:
1. the remaining provisions contained in the Terms and Conditions will nonetheless remain in effect; and
2. the invalid provision will have to be interpreted as, or converted into, a valid provision having the same purport to every extent possible.
AMENDMENTS TO THE TERMS AND CONDITIONS
15.1. Seller will be entitled to amend the Terms and Conditions from time to time. The most recent version of the Terms and Conditions will be placed on the Website. Buyer must always consult the Terms and Conditions before using the Website. If Buyer is unable to consult the Terms and Conditions via the Website Seller will send Buyer a copy of the most recent version of the Terms and Conditions by e-mail.
October 2015