Terms & Conditions
Our general terms and conditions are in accordance with the guidelines of the Netherlands Authority for Consumers and Markets (ACM). The rights of the consumer are therefore well guaranteed.
Article 1. Identity of the entrepreneur
1.1 The identity of the entrepreneur:
The one-man business Joy’nae
Chamber of Commerce number: 80144683
VAT number: NL003402767B10
Article 2. Applicability
2.1 These general terms and conditions (hereinafter referred to as: “General terms and conditions”) apply to all offers, orders and agreements of Joy’nae via the webshop. Both Joy’nae and the consumer recognize the legal validity of electronic communication, as also stipulated in European regulations. The consumer cannot derive any rights for future orders from any agreed deviations.
2.2 Accepting an offer or placing an order means that the consumer accepts the applicability of these conditions.
2.3 The provisions of these terms and conditions can only be deviated from in writing, in which case the other provisions remain in full force.
Article 3. Offers / agreements
3.1 All offers and quotations from Joy’nae are without obligation. Joy’nae expressly reserves the right to change prices, in particular but not exclusively when this is necessary on the basis of (legal) regulations.
3.2 Samples and models shown and / or provided, as well as specifications of colors, sizes and other descriptions in Joy’nae’s brochures, promotional material, websites or social media are as accurate as possible, but are only indicative. No rights can be derived from this, unless the parties have explicitly agreed otherwise in writing.
3.3 An agreement is only concluded after acceptance of the consumer’s order by Joy’nae. As long as Joy’nae has not confirmed the order to the consumer, no agreement has been concluded. If the consumer’s acceptance deviates from the offer of Joy’nae, Joy’nae is not bound by this. In that case, no agreement has been concluded, unless the parties have explicitly agreed otherwise in writing.
3.4 Joy’nae reserves the right to refuse orders. The consumer will be informed of such a refusal, with or without reasons. In that case, any payment already made will of course be refunded to the account of the bank or credit card company from which this payment originates.
3.5 By ordering from us – via the website or by e-mail – a legally valid purchase agreement is created upon which payment must follow.
Article 4. Prices / shipping costs / payment / retention of title / non-payment
4.1 The prices stated for the products and services offered are in euros including VAT, unless explicitly stated otherwise.
4.2 For transport within the Netherlands, with the exception of the Caribbean Netherlands, Joy’nae charges standard shipping costs. For consumers from countries other than the Netherlands, the contribution to the shipping costs depends on the country and the amount of the order. Joy’nae reserves the right to conform this amount to the most current rates for these services by PostNL or an equivalent provider of parcel services.
4.3 Joy’nae works with payments via iDeal, credit card or Paypal. After an order, the consumer will receive a confirmation by e-mail stating the total costs, including shipping. No additional costs are charged for online payments. After receipt of the full payment, Joy’nae sends the consumer’s order. All articles remain the property of Joy’nae until full payment has been received.
Article 5. Delivery
5.1 Joy’nae sends all orders in principle within 1-3 working days after receipt of the order via PostNL (abroad may be a different delivery service) to the delivery address specified when ordering. If we deviate from this for certain reasons, the consumer will be notified by e-mail. If the consumer is not at home at the time of delivery, the consumer can pick up the package at a PostNL point in the area. If the package is not collected within 3 weeks, the package will be returned to us. Joy’nae will refund the purchase amount minus the shipping costs to the consumer.
5.2 When terms are stated in working days, this refers to all days from Monday to Friday, with the exception of legal holidays.
5.3 The stated delivery times are only indicative. Exceeding the agreed delivery times does not entitle the consumer to compensation, dissolution of the agreement or non-fulfillment of any obligation that may arise for the consumer from this or any other related agreement.
5.4 The product must be delivered to the consumer no later than 30 days after ordering. If this does not happen, the consumer can immediately cancel the purchase. The foregoing does not apply if the parties have agreed on a different delivery period, if there is force majeure on the part of Joy’nae or the third party or third parties engaged by it.
5.5 Joy’nae strives to deliver the order in one go, but can also deliver the order in parts.
5.6 We do our best to keep the website as up-to-date as possible. However, it may happen that an item is no longer available. In that case Joy’nae will contact the consumer as soon as possible.
Article 6. Right of withdrawal / return / guarantee
6.1 After receipt by the consumer of the ordered articles via our webshop or by e-mail, the consumer has a cooling-off period as described in article 6.3.
6.2 The article must be checked upon receipt for any errors, imperfections or damage. These must be reported to us by e-mail within 14 days of receipt by the consumer. Items with an error, imperfection or damage that are returned without notification of an error, imperfection or damage within 14 days of receipt by the consumer cannot be accepted.
6.3 If the consumer is not satisfied with the order via our webshop or by e-mail, the consumer can indicate within 14 days of receipt of the item (s) that she wishes to return the item (s). You can send us an e-mail at: firstname.lastname@example.org The consumer sends back the item (s) to be returned with the packing slip and sealing immediately, but in any case within ten days after submission.
Address: Herenstraat 95
The consumer bears the costs for the return shipment.
6.4 The right of withdrawal does not apply to hygiene-sensitive articles.
6.5 If the consumer has returned the ordered items, the consumer may exchange them for a different size or receive a refund of the purchase price excluding the shipping costs paid to Joy’nae, subject to the provisions of article 6.6. If the consumer keeps part of the order, the consumer will only receive the purchase amount of the returned items.
6.6 We will, within 10 days of receipt of the returned items, instruct the bank or credit card company that was used during the order to return the amount already paid to the consumer. (Excluding shipping costs)
6.7 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. A condition for actually making use of the right of withdrawal is that the relevant items are properly packaged, complete, undamaged, unused and returned in the undamaged and original packaging together with the packing slip and sealing, If damage has occurred as a result of inadequate shipping packaging or if the mail item is insufficiently stamped, Joy’nae reserves the right to refuse a return shipment.
6.8 On the basis of the law, the consumer is entitled to a reliable product that must meet the expectations that the consumer may reasonably have of it. We will resolve any problem with the soundness of the product as soon as possible. If the solution does not meet the consumer’s expectations, the consumer can get the original order fully refunded.
6.9 The guarantee referred to in this article and the right of withdrawal will lapse, among other things, when:
- The article has been worn and / or washed (this does not mean fitting the clothing);
- The article has been damaged by the consumer and / or the consumer has attempted to repair the damage or defect;
- The label (s) and / or accessories have been removed or are missing;
- The consumer has not followed the instructions for use and / or instructions for use; and / or
- The article has been manufactured in accordance with the specification (s) provided by the consumer.
Article 7. Force majeure
7.1 Joy’nae has the right, in the event of force majeure, to suspend the execution of the order, or to dissolve the agreement without judicial intervention, at its own discretion, by notifying this in writing and without that Joy’nae is obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
7.2 Force majeure is understood to mean any shortcoming that cannot be attributed to Joy’nae, because it cannot be attributed to Joy’nae and cannot be attributed to it by law, legal act or generally accepted standards.
Article 8. Liability
8.1 Joy’nae is not liable for indirect damage. Joy’nae will only invoke this exclusion of liability if and to the extent permitted by law.
Article 9. Miscellaneous
9.1 If the consumer notifies Joy’nae in writing of an address, Joy’nae is entitled to send all orders to that address, unless the consumer notifies Joy’nae in writing of another address to which the orders should be sent.
9.2 If Joy’nae permits deviations from these General Terms and Conditions, tacitly or otherwise, for a short or longer period of time, this does not affect its right to demand immediate and strict compliance with these General Terms and Conditions. The consumer can never assert any right on the grounds that Joy’nae applies these General Terms and Conditions flexibly.
9.3 If one or more of the provisions of these General Terms and Conditions or any other agreement with Joy’nae is / are in conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a fixed by Joy’nae new legally permissible comparable provision.
9.4 Joy’nae is authorized to make use of third parties in the execution of the order (s).
Article 10. Complaints procedure
10.1 Joy’nae has a well-publicized complaints procedure and handles complaints in accordance with this complaints procedure.
10.2 Complaints about the implementation of the agreement must be submitted to Joy’nae fully and clearly described within 7 days, after the consumer has discovered the defects.
10.3 Complaints submitted to Joy’nae will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Joy’nae will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
10.4 The consumer gives Joy’nae at least 4 weeks to resolve the complaint in mutual consultation. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure, as described in Article 10.5.
10.5 In case of complaints, a consumer must first turn to Joy’nae (email@example.com) Joy’nae will handle the complaints as described in article 10.3.
10.6 A complaint does not suspend the obligations of the consumer, unless Joy’nae indicates otherwise in writing.
10.7 If a complaint is found justified by Joy’nae, Joy’nae will, at its option, replace, repair or refund the delivered products free of charge.
Article 11. Applicable law
11.1 All rights, obligations, offers, orders and agreements to which these conditions apply are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.