Terms & Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

  • Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader;

  • Day: calendar day;

  • Extended duration transaction: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;

  • Durable data carrier: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information;


  • Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;


  • Trader: the natural or legal person who offers products and/or services to consumers at a distance;

  • Distance contract: an agreement concluded between the trader and the consumer under an organized distance sales scheme for products and/or services, using exclusively one or more techniques for distance communication up to and including the conclusion of the contract;

  • Technique for distance communication: any means that can be used to conclude a contract without the consumer and trader having to be together in the same room at the same time;

  • Terms and Conditions: the present General Terms and Conditions of the trader.

Article 2 – Applicability

  1. These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.

  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the trader’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.


  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is reasonably not possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.

  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always rely on the applicable provision that is most favorable to them in the event of conflicting terms.

  5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the remaining provisions of the agreement and these terms will remain in force, and the provision in question will immediately be replaced in mutual consultation by a provision that approaches the scope of the original as closely as possible.

  6. Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these terms and conditions.

  7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 3 – The Offer

  1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.

  2. The offer is non-binding. The trader is entitled to change and adjust the offer.

  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.

  4. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

  5. Product images are a true representation of the offered products. The trader cannot guarantee that the displayed colors exactly match the real colors of the products.

  6. Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:


    • the price, excluding customs clearance costs and import VAT. These additional costs will be for the account and risk of the customer. The postal and/or courier service will use the special scheme for postal and courier services regarding import. This scheme applies when the goods are imported into the EU destination country, which is the case here. The postal or courier service collects the VAT (whether or not together with the charged customs clearance costs) from the recipient of the goods;


    • any shipping costs;

    • the manner in which the contract will be concluded and which actions are required for this;


    • whether or not the right of withdrawal applies;


    • the method of payment, delivery, and performance of the contract;


    • the period for accepting the offer, or the period within which the trader guarantees the price;


    • the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the communication tool used;

    • whether the contract will be archived after its conclusion, and if so, how the consumer can consult it;

    • the way in which the consumer can check and, if desired, correct the data provided under the contract before concluding it;

    • any other languages in which, in addition to Dutch, the contract can be concluded;

    • the codes of conduct to which the trader has submitted and how the consumer can consult these codes electronically; and

    • the minimum duration of the distance contract in the case of an extended duration transaction.

    • Optional: available sizes, colors, material types.

Article 4 – The Contract

  1. Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and complies with the conditions set therein.

  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the contract.

  3. If the contract is concluded electronically, the trader 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, the trader will observe appropriate security measures.

  4. Within legal frameworks, the trader may inquire whether the consumer can meet their 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, the trader has good grounds for not entering into the contract, they are entitled to refuse an order or application or to attach special conditions to the execution, stating reasons.

  5. Upon delivery of the product or service, the trader will send the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

    • the physical address of the trader's place of business where the consumer can direct complaints;

    • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;

    • information about warranties and existing after-sales service;

    • the information included in Article 4, paragraph 3 of these terms, unless the trader has already provided this information to the consumer before executing the contract;

    • the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

  6. In the case of an extended duration transaction, the provision in the previous paragraph applies only to the first delivery.

  7. Every contract is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 5 – Right of Withdrawal

  1. When purchasing products, the consumer has the option to dissolve the contract without giving reasons for a period of 30 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the trader.

  2. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and—if reasonably possible—in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.


  3. If the consumer wishes to exercise their right of withdrawal, they are obliged to inform the trader within 30 days of receiving the product. The consumer must do this by means of a written message/email. After informing the trader of their wish to exercise the right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned on time, for example by providing proof of shipment.

  4. If the customer has not expressed their desire to exercise their right of withdrawal or has not returned the product to the trader after the expiry of the periods specified in paragraphs 2 and 3, the purchase is a fact.

Article 6 – Costs in Case of Withdrawal

  1. If the consumer exercises their right of withdrawal, the cost of returning the products will be borne by the consumer.

  2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 30 days after withdrawal. The condition for this is that the product has already been received back by the webshop or conclusive proof of complete return can be provided.

Article 7 – Exclusion of the Right of Withdrawal

  1. The trader can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, or at least in good time before entering into the contract.

  2. Exclusion of the right of withdrawal is only possible for products:

    • created by the trader in accordance with specifications of the consumer;

    • that are clearly personal in nature;

    • that cannot be returned due to their nature;

    • that spoil or age quickly;

    • whose price is subject to fluctuations on the financial market over which the trader has no influence;

    • for individual newspapers and magazines;

    • for audio and video recordings and computer software of which the consumer has broken the seal;

    • for hygienic products of which the consumer has broken the seal.


  3. Exclusion of the right of withdrawal is only possible for services:


    • concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;


    • of which the delivery has started with the explicit consent of the consumer before the cooling-off period has expired;

    • concerning bets and lotteries.

Article 8 – The Price

  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

  2. Notwithstanding the previous paragraph, the trader may offer products or services with variable prices if these prices are subject to fluctuations on the financial market over which the trader has no influence. This dependency on fluctuations and the fact that any prices listed are target prices will be stated in the offer.

  3. Price increases within 3 months of concluding the contract are only permitted if they are the result of statutory regulations or provisions.


  4. Price increases from 3 months after concluding the contract are only permitted if the trader has stipulated this and:


    • they are the result of statutory regulations or provisions; or


    • the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.

  5. Pursuant to Article 5, first paragraph, of the Dutch Turnover Tax Act 1968, the place of supply takes place in the country where transport begins. In this case, delivery takes place outside the EU. Consequently, import VAT and/or customs clearance costs will be collected from the customer by the postal or courier service. Therefore, no VAT will be charged by the trader.


  6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the trader is not obliged to deliver the product at the incorrect price.

Article 9 – Identity of the Trader

Email: info@joealz.com

 

Article 10 – Conformity and Warranty

  1. The trader warrants that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the trader also warrants that the product is suitable for other than normal use.

  2. A warranty provided by the trader, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the trader under the contract.

  3. Any defects or incorrectly delivered products must be reported to the trader in writing within 30 days of delivery. Returns must be made in the original packaging and in new condition.

  4. The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

  5. The warranty does not apply if:


    • The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;


    • The delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the instructions of the trader and/or on the packaging;


    • The defect is wholly or partially the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

  1. The trader will take the greatest possible care when receiving and executing orders for products.

  2. The place of delivery is the address that the consumer has made known to the company.

  3. With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.

  4. In the event of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.

  5. If delivery of an ordered product proves impossible, the trader will make every effort to provide a replacement item. Clear and understandable notification will be given upon delivery that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the trader's account.

  6. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless explicitly agreed otherwise.

Article 12 – Extended Duration Transactions: Duration, Termination, and Extension

Termination

  1. The consumer may terminate an agreement concluded for an indefinite period that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.

  2. The consumer may terminate an agreement concluded for a definite period that extends to the regular delivery of products (including electricity) or services at any time at the end of the specified term, with due observance of the agreed termination rules and a notice period of no more than one month.


  3. The consumer can terminate the agreements referred to in the previous paragraphs:

    • at any time and not be limited to termination at a specific time or in a specific period;

    • at least in the same manner as they were entered into by them;

    • always with the same notice period as the trader has stipulated for themselves.

Extension 4. An agreement concluded for a definite period that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a specified period. 5. Notwithstanding the previous paragraph, an agreement concluded for a definite period that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specified period of up to three months, if the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month. 6. An agreement concluded for a definite period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines. 7. An agreement of limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration 8. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.


  2. The consumer has the duty to report inaccuracies in provided or stated payment details to the trader without delay.


  3. In the event of non-payment by the consumer, the trader has the right, subject to statutory restrictions, to charge reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

  1. Complaints about the execution of the agreement must be submitted to the trader fully and clearly described within 7 days after the consumer has discovered the defects.

  2. Complaints submitted to the trader will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the 30-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

  3. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.

  4. A complaint does not suspend the obligations of the trader, unless the trader indicates otherwise in writing.

  5. If a complaint is found to be justified by the trader, the trader will, at its option, replace or repair the delivered products free of charge.

Article 15 – Disputes

  1. Contracts between the trader and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law, even if the consumer resides abroad.

Article 16 – CESOP

Due to the measures introduced and strengthened as of 2024 in connection with the "Act amending the Turnover Tax Act 1968 (Act implementing the Payment Services Directive)" and thereby the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register transaction data in the European CESOP system.