Terms & Conditions by ANN JOLIE – 1 september 2014
1.1 By ordering at ANN JOLIE you agree to these conditions. Please read through the terms & conditions carefully before placing your order. If you have any questions, please email ANN JOLIE. ANN JOLIE reserves the right to change these conditions without giving notice first. Once your order has been confirmed, ANN JOLIE is not able to make any changes.
1.2 These terms & conditions apply to all products, offers, orders, agreements and deliveries of ANN JOLIE.
1.3 By placing an order you agree to be at least 18 years old, or have permission from your parents/carers.
1.4 Identity of the seller:
Goltziusstraat 4, 5911 AV Venlo (no visiting address)
2.1 All prices are displayed in Euro’s, include VAT and exclusive of service- and shipping coasts.
2.2 During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except as a result of alterations in VAT-tariffs. ANN JOLIE may offer products or services at variable prices, if these are subject to fluctuations (in the financial market) over which ANN JOLIE has no influence. The offer must refer to these fluctuations and the fact that any prices quoted are recommended prices.
2.3 All information on this site is subject to printing and type errors. ANN JOLIE accepts no liability for printing and typographical errors.
3. Delivery / Shipping
3.1 Delivery takes place while supplies last.
3.2 ANN JOLIE will send the order as soon as possible after payment. Within 0-3 days after payment (usually within 24 hours), the order will be delivered (this only applies to the Netherlands). If this isn’t possible for example the article is out of stock, you will receive a message immediately. In this case, you reserve the right to cancel your order.
3.3 ANN JOLIE charges shipping coasts for sending an order. Standard shipping (in The Netherlands) coasts €2,95. Registered mail coasts €8,60. Orders will ship through Post NL. International shipping costs are in accordance with the relevantparcel post fees of the Dutch Postal Services (Post NL).
3.4 The durations mentioned on the website are tobe used as an indication. No rights can be acquiered fom the durations mentioned.
4. The right of withdrawal
4.1 In the event of a consumer purchase, under the ‘Act sales on Distance’ (Article 7:5 Dutch Civil Law), the buyer has the right to return (part of) the goods within a period of 14 days without giving a reason for the return. The period for withdrawal shall begin on receipt of the goods ordered. If the buyer doesn’t return the goods in this period, the purchase is permanent. The customer is obliged, before proceeding to returning the order within the period of 14 days after delivery of written notice by ANN JOLIE. The customer must prove that the goods are returned on time, for example through a proof of postal delivery. Return of Goods must be in original packaging (including accessories and documentation) and in new condition. If the goods have been used or damaged in any way, the buyer is not able to return them. With regard to what is stated in the preceding sentence, ANN JOLIE shall ensure that within 30 days after receipt of the return, the full purchase price including the shipping to the customer will be refunded. The return of the delivered goods is entirely at the expense and risk of the buyer.
4.2 The right of withdrawal should neither apply to goods made to the consumer’s specifications or which are clearly personalized.
5.1 ANN JOLIE respects your privacy. Customer information will be saved in the customer base. Data may be used only by authorized persons and only for the purpose for which data were originally collected, like processing and sending an order.
5.2 ANN JOLIE adheres to the Act on Registration of Personal Data. Your data will never be shared with third parties.
6.1 ANN JOLIE guarantees that the products and/or services are reliable according to the contract specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing legal provisions on the date of the conclusion of the agreement and/or government regulations. Exceptions may be differences in color/texture. Almost all products are handmade and therefore not always exactly identical.
6.2 A by the operator, manufacturer or importer as awarranty offered settlement does not violate the rights and claims a consumer can enforce relevant to a shortcoming in the performance of the operator against the operator based on legislation and/or the distant agreement.
6.3 It is the responsibility of the customer to check the order upon receipt. If that remains the goods are delivered wrong, inadequate or incomplete, then the customer (before proceeding to return to JOLIE ANN) has to report these defects immediately to ANN JOLIE by email. Return of Goods must be in original packaging (including accessories and documentation) and in new condition. Operation after detection of failure, damage occurring after detection of failure, encumbrance and/or resale after detection of failure, does the right to claim and return void.
6.4 If the customer complaints are found justified by ANN JOLIE, ANN JOLIE will by choice either replace the goods for free or make a written agreement on compensation measures with the customer, provided that the liability of ANN JOLIE and therefore the amount of compensation will be limited to no more than the invoice amount of the relevant goods, or (at the option of ANN JOLIE) to the maximum in each case, the liability of ANN JOLIE amount covered. Any liability of ANN JOLIE for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damages or damages for lost profits.
6.6 The guarantee does not apply when A) as long as the customer is in default towards ANN JOLIE; B) the customer the delivered goods themselves has repaired and/or modified or repaired by third parties and/or edit; C) the delivered goods have been exposed to abnormal conditions or otherwise careless handling
or contrary to directions of ANN JOLIE and/or their conditions of maintenance (contact with water and/or beauty products); E) forms of normal wear and tear ; F) if damages are due to evil intent and/or flagrant culpability and/or culpable action, or to injudicious or improper use.
6.7 All images, photographs, drawings, etc. and(technical) specifications, like data concerning weights, measurements, colours, information, etc. on the website of ANN JOLIE are indicative and cannot be used as a reason to claim damages or to dissolve the agreement.
7. Force majeure
7.1 ANN JOLIE is not liable if and when she can not fulfilher agreements due to circumstances beyond her control.
7.2 Force majeure means any strange reason, and any circumstance, which can not be at the risk of reasonableness for ANN JOLIE. Delay or failure by our suppliers, disruptions in the Internet, disruptions in the electricity failures in e-mail traffic and disturbances or changes in any third party technology, transport problems, strikes, government measures, supply delay, negligence by suppliers and / or manufacturers of ANN JOLIE as well as from individuals, disease, defects in appliance or shipment count explicitly as force majeure.
7.3 In case of circumstances beyond its control, ANN JOLIE reserves the right to suspend the agreement wholly or partially, or to claim that the content of the agreement is amended to enable its execution. In no event ANN JOLIE is obliged to pay any penalty or damages.
7.4. If at the start of a forse majeure the supplier has already partly fulfilled his obligations or can only partly fulfill his obligations, the supplier is entitled to separately invoice all work carried out or that can still be carried out, and the customer is bound to pay such invoices as if they were under a separate contract. This shall not apply, however, if the part alreadydelivered – or the part which can be delivered – does not have any independent value
8.1 ANN JOLIE s not liable for damage to vehicles or other property caused by improper use of the products.
All photo’s and images displayed by ANN JOLIE are copyrighted. Without written permission from ANN JOLIE, photo’s and images cannot be reproduced and publicity used. If you want to use a picture/photo copyrighted by ANN JOLIE, email ANN JOLIE first for permission.
10.1 Ownership of all to the customer by ANN JOLIE sold and delivered goods remains with ANN JOLIE until the customer has fulfilled the payment claims of the agreement or of past or future similar agreement(s), until the customer has fulfilled the activities and conditions of the agreement or of past or future similar agreement(s) and as long as the customer’s fails in fulfilling claims relating to penalties, interest and costs, all as provided Article 3:92 Dutch Citizen Law.
10.2 The goods delivered by ANN JOLIE still being part of its ownership may only be part of normal business activities and may never be used as payment.
10.3 The customer is not entitled to pledge or otherwise encumber goods being part of ANN JOLIE’s ownership.
10.4 The customer gives unconditional and irrevocable consent to ANN JOLIE or a third party appointed by ANN JOLIE, in all cases where ANN JOLIE wishes to execute her ownership rights, to visit all those sites and locations where ANN JOLIE’s assets are then located and to take these assets into possession.
10.5 If a third party seizes or is trying to enforce rights on goods delivered under ANN JOLIE’s ownership, the customer is obliged to inform ANN JOLIE as soon as reasonably may be expected.
10.6 The customer is obliged for the goods delivered under ANN JOLIEs ownership to insure those and keep those insured against fire, explosion and water damage and also theft and to hand the policy of this insurance on first request for inspection by ANN JOLIE.
11. Governing Law and Jurisdiction
11.1 These general conditions and every agreement made between the customer and ANN JOLIE shall be governed by and construed in accordance with the laws of the Netherlands.
11.2 It is possible that you are not satisfied with a product and/or service. Please contact ANN JOLIE as soon as possible, preferable through email firstname.lastname@example.org. Within 14 days we will respond to your complaint.
11.3 If the Parties do not come to a solution of the dispute in mutual consultation, the Parties will submit the dispute to the competent civil court.