Article 1 – Definitions
In these General Terms and Conditions, the following terms are defined:
• Consumer: the natural person who does not act in exercise of a profession or business and remotely concludes a Remote Agreement with LIZ & JOE;
• Day: a calendar day;
• Right of withdrawal: the possibility a consumer has to cancel the remote agreement within the reconsideration period;
• Long-term data carrier: any means that allows the Consumer or LIZ & JOE to store information directed to him/her personally in a way to make future consultation and unaltered reproduction of the stored information possible;
• Remote Agreement: an agreement whereby, within the context of a sales system for the remote sale of items organized by LIZ & JOE, up to the conclusion of the Agreement, exclusive use is made of one or more techniques for remote communication. In these General Terms and Conditions, ‘remote agreement’ is referred to as ‘Agreement’;
• Technology for remote communication: resources that can be used for the conclusion of an Agreement, without the Consumer and the entrepreneur coming together in the same room simultaneously.
Article 2 – The entrepreneur’s identity
Name of company: LIZ & JOE
1456 NP Wijdewormer
General telephone number: +31 (0)299-397992
Chamber of Commerce number: 33284662
VAT identification number: NL068200080B01
Article 3 – Applicability
• These General Terms and Conditions are included in all offers made by LIZ & JOE and apply to every Remote Agreement concluded between LIZ & JOE and Consumer. LIZ & JOE hereby explicitly rejects all other terms and agreements of the other party. All other agreements must be confirmed in writing by LIZ & JOE.
• LIZ & JOE retains the right to change these General Terms and Conditions unilaterally. The most recent version of these General Terms and Conditions shall always be available through the homepage of the website.
Article 4 – The offer
• The items offered at the webshop form an offer made to the Consumer on the basis of information provided at the webshop.
• If an offer has a limited term or is made subject to conditions, this will be stated explicitly in the offer.
• The offer contains a full and accurate description of the offered items. The description is suitably detailed to enable the Consumer to assess the offer adequately. If LIZ & JOE makes use of visual material, these are faithful representations of the items offered. LIZ & JOE cannot, however, guarantee that the colour(s) of the items as shown at the webshop agree exactly with the actual colour(s) of the items. How colour is represented depends on the settings of the user’s computer. Obvious errors or mistakes in the offer are not binding to LIZ & JOE.
• All offers contain such information such that it is clear to the Consumer what rights and duties are attached to accepting the offer. This involves in particular:
• LIZ & JOE’s contact details;
• the price, including taxes;
• delivery costs, if applicable;
• the way in which the Agreement will be concluded, and what actions are needed to establish this;
• whether or not the right of withdrawal is applicable;
• the form of payment, delivery or performance of the Agreement;
• the time frame for accepting the offer, or, as the case may be, the time frame within which LIZ & JOE honours the price;
• whether the Agreement is filed after conclusion, and how the Consumer can consult it;
• the manner in which the Consumer may acquaint him/herself with information details given by the Consumer before concluding the contract, and the way the Consumer may correct these details before the Agreement is concluded.
Article 5 – The Agreement
• Subject to the provision in paragraph 4 of this article, the Agreement becomes valid when the Consumer has accepted the offer and fulfilled the conditions stated.
• If the Consumer has accepted the offer electronically, LIZ & JOE shall immediately send an electronic confirmation of receipt of the acceptance of the offer. As long as this acceptance has not been confirmed, the Consumer shall be able to repudiate the Agreement.
• If the Agreement has been concluded electronically, LIZ & JOE shall implement suitable technical and organizational measures to secure the electronic transfer of data and shall arrange for a secure web environment. If the Consumer pays electronically, LIZ & JOE shall observe the suitable security measures.
• LIZ & JOE shall be authorized – within the statutory framework – to gather information about the Consumer’s ability to fulfill his/her payment obligations, as well as all facts and factors relevant to concluding the Agreement. If, acting on the results of this investigation, LIZ & JOE has good reason not to conclude the Agreement, it shall be entitled to refuse an order or application, while stating reasons, or to attach special terms to its performance.
• Along with the item, LIZ & JOE shall send the Consumer the following information in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier:
• contact information so that the Consumer may get into contact with LIZ & JOE with any complaints;
• the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;
• the information as stated in Article 4, paragraph 4 of these General Terms and Conditions, unless the entrepreneur has already provided the Consumer with this information before the performance of the Agreement.
Article 6 – Right of withdrawal
• When purchasing items, the Consumer has the option of repudiating the Agreement without specifying any reasons for a period of 14 days after the delivery of the item to the Consumer. This period starts on the day the items are received by, or on behalf of, the Consumer, this date being recorded by the delivery service.
• During this period, the Consumer shall handle the items and packaging with care and shall only unpack or use the items to the extent necessary to judge whether he/she wishes to keep the product. If wishing to exercise the right of withdrawal, the Consumer shall return the items, provided with the original labels still attached and with all delivered accessories and in the original condition and packaging to LIZ & JOE in conformity with LIZ & JOE’s instructions stated at the webshop.
Article 7 – Costs in case of withdrawal
• Should the Consumer exercise the right of withdrawal, LIZ & JOE shall charge him/her the costs for return shipment.
• If the Consumer has already paid the purchase price for the item, LIZ & JOE shall return this amount as soon as possible, but within not more than 30 days after the return or withdrawal.
Article 8 – Exclusion of the right of withdrawal
• LIZ & JOE can exclude the Consumer’s right of withdrawal only if LIZ & JOE indicates this clearly in the offer or at least in good time before concluding the Agreement.
• Exclusion of the right of withdrawal is only possible for items:
• that were realized by LIZ & JOE according to the Consumer’s specifications;
• that are obviously personal in nature;
Article 9 – The price
• Subject to changes in price due to changes in VAT rates, the prices of the items provided by LIZ & JOE shall not be raised during the validity period stated in the offer.
• The prices indicated in the offer include VAT.
Article 10 – Conformity and Guarantee
• LIZ & JOE guarantees that the items comply with the Agreement, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations that applied on the day the Agreement was concluded.
• LIZ & JOE does not accept liability, however, for defects which have arisen after delivery of the items as a result of incompetent use or negligence, or which have arisen from changes to the delivered item introduced by the Consumer or a third party. Neither does LIZ & JOE accept liability for any damage caused by these failings.
• An arrangement offered as a guarantee by LIZ & JOE, shall not affect the rights and claims the Consumer may exercise against LIZ & JOE based on the law and/or the Agreement.
Article 11 – Delivery and execution
• LIZ & JOE shall exercise the best possible care when receiving and processing orders for its products.
• The place of delivery is at the address given by the Consumer to LIZ & JOE.
• With due observation of the stipulations in Article 4 of these General Terms and Conditions, LIZ & JOE shall make every effort to execute accepted orders within at least 15 days unless a longer delivery period was specified. If the delivery has been delayed, or if an order cannot be fulfilled or can be fulfilled only partially, the Consumer should be informed of this within 15 days after he/she placed the order. In such cases, the Consumer is entitled to repudiate the Agreement, for the part of it that cannot be executed, free of charge.
• In the event of repudiation under the preceding paragraph, LIZ & JOE shall return the payment made by the Consumer as soon as possible but at least within 30 days after repudiation.
• If delivering an ordered item turns out to be impossible, LIZ & JOE’s sole obligation shall be to deduct the costs of the item in question from the total costs or to refund these costs.
• Unless explicitly agreed otherwise, the risk of loss of and/or damage to items shall remain with LIZ & JOE until the time they are delivered to the Consumer.
Article 12 – Payment
• The Consumer should make payment to LIZ & JOE according to the methods indicated in the ordering procedure at the webshop.
• LIZ & JOE retains the right to accept only certain types of payment or to deny a transaction if address or creditworthiness checks reveal unacceptable results.
• Any amounts still owed by the Consumer after the delivery of the items should be paid by the Consumer within 14 days after the start of the reconsideration period as referred to in Article 6, paragraph 1.
• The Consumer has the duty to inform LIZ & JOE promptly of possible inaccuracies in the payment details.
• In case of nonpayment on the part of the Consumer and subject to legal restrictions, LIZ & JOE is entitled to charge the Consumer reasonable administration costs.
Article 13 – Complaints procedure
• LIZ & JOE shall have a sufficiently notified complaints procedure and shall handle complaints in accordance with this complaints procedure.
• After the Consumer has identified the defects, complete and clearly described complaints shall be submitted in writing (including communication by e-mail) to LIZ & JOE as soon as possible, but within 1 months after identifying the reason for the complaint.
• Before the Consumer can make use of his/her right of complaint, the Consumer must demonstrate, at the request of LIZ & JOE, that the product was purchased from LIZ & JOE through the webshop. For this purpose, the customer must have saved the sales receipt.
• Complaints submitted to LIZ & JOE shall be replied to within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, LIZ & JOE shall respond within 14 days with a notice of receipt and an indication of when the Consumer can expect a more detailed reply.
Article 14 – Concluding provisions
• The Agreement shall be governed by Dutch law.
• All disputes arising from the Agreement can be submitted solely to the competent court in Holland.
• Individual deviations, including additions and extensions made to these General Terms and Conditions, are to be laid down in writing between LIZ & JOE and the Consumer.