Terms & Conditions
Overview
The e-commerce site www.joseffa.com (the ‘Site’) is an online store selling clothes (‘the Products’) under the “Joseffa” brand (‘Joseffa’).
Registered office :
Sibille Diederichs SCS
Av des Combattants 146
1470 Bousval
Belgium
Company Registration Number: BE 0457 284 229
Telephone Number: +32 67 854629
e-mail: sibille@joseffa.com
This website is operated by Sibille Diederichs SCS. Throughout the site, the terms “we”, “us” and “our” refer to Joseffa. Internet users wishing to buy Joseffa Products are referred to in these General Terms and Conditions as 'the Customer' or “you”.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and you agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Orson website builder. They provide us with the online platform that allows us to sell our products and services to you.
Article 1 – Scope of Application
The present General Terms and Conditions govern the rights and obligations of the Parties arising out of the online sales of Products offered on the Site. These General Terms and Conditions apply to all Products sold via the Site, and prevail over any and all other terms and conditions on the part of Joseffa or the Customer. They may not be varied without Joseffa’s express prior consent in writing.
The Products available for purchase on the Site are exclusively aimed at individual Customers residing in one of the following countries: Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Luxembourg, Malta, Netherlands, Portugal, Slovakia, Slovenia, Spain, United Kingdom.
Joseffa provides all its services from Belgium, and the contract between the Parties will be deemed to be performed in Belgium, dispatching to different countries.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Article 2 – Capacity in Law and Acceptance
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Article 3 - Products
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
Products offered by Joseffa are those that appear on the Site at the time the Customer completes their order. Products are subject to availability.
We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited.
Joseffa has made every effort to display as accurately as possible the descriptions, colours and images of the Products that appear at the store. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
The photographs on the website are of no contractual value. The limitations of colour reproduction and the individual colour settings of your screen may mean a slight variation. Joseffa can therefore not accept any liability for any errors which may appear in the descriptions of the Products or photographs, including slight variations in colours and dimensions.
Article 4 – Prices and Invoicing
Prices are those as shown on the Site at the moment the Customer places their order. Prices may vary as they are aimed at different countries and are subject to different rules, including on VAT. The prices which apply to the Customer are those stated on the Site aimed at the country from which the Customer places their order. Customers must place their orders from the country in which they are usually resident. Orders cannot be placed in one country for delivery to another.
Due to circumstances beyond our control, prices may have to be altered up or down, including any alterations to the rate of value added tax. If for this, or any other reason, an item is not acceptable, it may be returned according to our Return Policy.
Prices stated during the purchasing process are expressed in euros and include VAT and administrative costs unless expressly stated otherwise.
Product and service prices do not include transport costs: these will be charged separately and the Customer must pay them in addition to the purchase price. Any discount the Customer is allowed will be deducted from the price separately.
Joseffa reserves the right to change selling prices and transport costs at any time, however the Products purchased and costs will always be invoiced at the prices as stated in the email which confirms the order. These are the prices that applied at the time of purchase, provided the Products were available. Joseffa shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
The Customer agrees to Joseffa sending its invoices electronically; but if the Customer wants a hard copy invoice, they can simply request one via the Contact Form.
Products will remain Joseffa's property until such time as the Customer pays the full purchase price and transportation costs in full.
Article 5 – Payment methods
Purchases can only be paid for on the Site. Purchases can be paid by Paypal or by one of the credit or debit cards stated on the Paypal payment page. The Customer's bank account will be debited once the purchase has been confirmed, and payment will not take effect until such time as the Customer's bank has given its consent to Joseffa. Should the Customer's bank refuse payment, the order will be refused automatically.
The Customer warrants they are authorised to make payments by one of the payment methods as stated above, and that there are sufficient funds in the bank account linked to the credit card to cover all the costs arising out of the transaction, failing which Joseffa may refuse the order.
Joseffa uses PayPal to handle payments online. Joseffa has no access to its Customers' confidential payment details, nor does it keep them.
Joseffa reserves the right to refuse any order from a Customer with whom it is in dispute or who has brought a dispute in the past. Joseffa may also refuse an order should the Customer not have paid for a previous order, wholly or in part.
Article 6 – Ordering Products
Notwithstanding any evidence the Customer may have in writing, it is expressly agreed that data registered in Joseffa's systems, those of its hosting partners or Internet payment partners alone shall constitute evidence of the communications, the content of the orders and the entire transactions which have taken place between the Parties.
To place an order, the Customer goes to the heading ‘Web Shop’ on the Site, chooses the item they wish to buy and click on the icon located underneath the Product they want to buy. This puts the selected article in the ‘Shopping Cart’ and will take the Customer to the secure PayPal site. The Customer can correct their order as long as the Products are in the ‘Shopping Cart. The total amount that must be paid is stated clearly throughout on this page. Once the payment process is completed, the order is final and cannot be changed.
The Customer will be sent an email confirming their order once they have made their purchase. Validating an order form is deemed to be equivalent to an electronic signature which has the same value between the Parties as a written signature and serves as evidence that the order is complete and proper and that the amounts due may be claimed in performing that order.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
Article 7 - Deliveries
Joseffa agrees to make every effort to deliver all orders. Joseffa can however not be held liable for Products not being available or for any losses which might arise as a result. Should one or more Products in an order not be available, Joseffa will inform the Customer via email or in writing that it has cancelled their order wholly or in part or split it.
Should Products be found to be unavailable and the Customer is informed of this but they have already paid for their Products, Joseffa will ask its bank to refund the amount paid for the products in question immediately, informing the Customer by email accordingly. How fast the refund is actually made depends on how the Customer chose to pay when making their purchase.
Joseffa will in any case make the refund within 14 days.
Products ordered will be delivered to the delivery address as stated by the Customer during the ordering process and subject to the terms and conditions described therein.
When confirming their order, the Customer can choose delivery to a given address (home, work, or other). Orders can only be delivered to addresses in the following countries: Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Luxembourg, Malta, Netherlands, Portugal, Slovakia, Slovenia, Spain, United Kingdom.
Joseffa will do its best to ensure that the order is dispatched to that address within 3 days of payment of the order. The Products will be sent by bpost (Belgian Post service) to the address stated by the Customer.
Deliveries will be accompanied by a delivery note which also gives details of the goods delivered. Should a delivery go missing during the delivery process, and the provisions of this article are complied with, then Joseffa will send a new shipment of an equivalent Product entirely at its expense if the Product is still available or refund the value of the order including transport costs. The risks of loss and/or damage pass to the Customer on delivery.
Article 8 – Right to Revoke and Returns
The Customer can exercise their right to revoke an order by copying the “Order Cancellation Form” that can be found on the Site, completing it and sending it to Joseffa in one of the following ways:
· by email to atelier@joseffa.com
· by copying and pasting it on the Contact Form that can be found under "Find Us!"
· by postal mail to Joseffa, Rue de la Fontaine 3, 1495 Sart-Dames-Avelines, Belgium
Customers must do so within 14 calendar days of receiving the Product without being liable to pay any damages on that account and without having to give any reasons. Joseffa will confirm the receipt of the Order Cancellation Form back to the Customer via email or postal mail.
Products which have been customised or manufactured according to explicit Customer requirements are excluded from the right to revoke. Gift cards are not refundable or exchangeable.
The right to revoke in respect of Products delivered only applies provided the Product is also actually returned within 14 calendar days of the Customer notifying Joseffa that they wish to revoke their purchase.
The revoked Product must be sent back as new in its original packaging, in perfect condition (clothes may not have been worn) and accompanied by the original sales invoice (of which the Customer retains a copy) and a completed Order Cancellation Form. Any returns for which the sender cannot be identified or which are not accompanied by an Order Cancellation Form will be refused. After the 14 calendar days, Joseffa can no longer accept returns. No returns can be accepted physically.
The costs and risks involved in returns will be borne by the Customer. It is the Customer’s duty to retain any proof attached to the return.
Purchases will be refunded within 14 calendar days of Joseffa receiving returns in good time, provided all conditions as specified above have been strictly complied with. Under no circumstances can the amount repaid ever exceed what the Customer actually paid.
Refunds will be made by the same payment means that was used to place the order.
Find more information on returns in our Return Policy.
The customer can also choose to cancel the complete order before the order is dispatched by sending an email to atelier@joseffa.com.
Article 9 – Gift Vouchers and Gift Certificates
Joseffa gift vouchers are sold online. The following terms and conditions apply:
- Gift vouchers can be redeemed against articles sold on online store.
- Gift vouchers remain valid for a period of one year.
- Gift vouchers can be redeemed in part or in their entirety. If you do not use the full amount at once, you will receive a new gift voucher for the remaining amount.
- If your total order is less than the value of your gift voucher, you will receive a new gift voucher with the remaining balance.
- If your total order exceeds the value of your gift voucher, the remaining balance must be paid by one of our available payment methods.
- You can freely determine the value of the gift voucher you will be buying, as long as the amount is between €20 and €250.
- Gift vouchers will be shipped separately and free of charge.
- Gift vouchers cannot be returned and may not be exchanged for cash or any other payment, not even partially.
- The code on the gift voucher can be used in the online order process. After reviewing and confirming your order, put the code printed on the gift voucher in the ‘gift vouchers’ field in the shopping cart during the checkout process. Purchases are deducted from the gift voucher balance.
- Joseffa is not responsible if a gift voucher is stolen, resold, destroyed, lost or used without your permission.
Customers can also obtain gift certificates free of charge to send to the recipient of an article bought on the Site. Customers can obtain such certificates upon simple request sent to atelier@joseffa.com
Article 10 – Statutory Warranty & Complaints Procedure
Joseffa warrants that the Products offered for sale do not suffer from any visible or latent defects which make the Product impossible or dangerous to use.
This warranty is without prejudice to the statutory rights the Customer has under their national legislation.
Customers must contact Customer Service should they wish to invoke this warranty immediately, and must notify Joseffa of the non-compliance via Customer Service in writing in any case within two months of discovering the defect.
Customers must get in touch via the Contact Form. The request will be sent to Customer Service automatically. Customer Service can also be reached at atelier@joseffa.com
Under no circumstances does the warranty apply to Products which are damaged intentionally or by the Customer’s negligence; nor does it apply if the damage is due to sleet, transport or incorrect use.
Customers can contact Customer Service if they have any queries as to the warranty. If the customer has a complaint, they can contact Customer Service by filling out the contact form. We will make every effort to answer all your questions within five business business days.
Article 11 – Intellectual property rights
All parts of the Site website, including the technology used to make and maintain it, are the exclusive property of Joseffa and are protected by copyright. Users who have their own website and wish to post an automatic link between their own website and Joseffa’s home page, even for personal use only, should ask Joseffa’s explicit permission to do so.
All elements (referred to hereinafter as the 'Elements'), including texts, the database with all data published on the website, the layout and graphic design of the web pages, the sales catalogue, photos, images, video and music on the Site are protected by copyright, database rights, trademark rights, patent rights and all other forms of intellectual property rights worldwide, and thus remain the exclusive property of Joseffa. They may not therefore be copied, published, imitated or used in any other way in any form whatsoever without Joseffa's prior consent in writing. Such consent must be obtained in writing, unless Joseffa itself has made it possible to share certain Elements via social networks, in which case consent will be limited to the specific Elements and social networks for which Joseffa has made it possible to share them. Any infringements of this will be pursued in the courts.
Article 12 - Liability
Joseffa cannot under any circumstances be held liable for any losses suffered directly or indirectly (loss of use, loss of profits, loss of opportunity etc.) arising out of using the Site or of it being unavailable. It cannot be held liable for any damage to the Customer's systems incurred through visiting the Site including being hacked or computer viruses.
Joseffa cannot be held liable for any errors which may be in photographs or text used in describing products on the Site.
Joseffa cannot be held liable for not delivering orders because products are out of stock or for reasons beyond its control, including circumstances of force majeure, disturbances of or suspension of transport, post or communications services, in the event of flood or fire, accidents or damage inherent in using the network.
In any cases where Joseffa is or could be held liable, Joseffa's liability will be limited to the amount the Customer actually paid for the order concerned.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Article 13 – Disputes and governing law
Should any disputes arise between the parties concerning the agreement, the courts of the judicial district of Brussels will have exclusive jurisdiction to hear the case.
The agreement between the parties is governed by Belgian law.
Article 14 - Contact and settlement of disputes
Should they have any queries concerning their purchases, Customers can contact Joseffa via the Contact Form available in the 'Find Us!' section of the Site or directly by email to atelier@joseffa.com. Joseffa warrants it will offer Customer answers within five working days.
Article 15 – Varying General Terms and Conditions of Sale and Nullity
You can review the most current version of the Terms of Service at any time at this page.
Joseffa may change the present General Terms and Conditions at any time, including to comply with its statutory obligations. Changes notified via the Site will apply to all subsequent offers and orders.
Joseffa reserves the right to change the design and content of its website at any time.
Should any court decision result in any of the article(s) or paragraph(s) of the present General Terms and Conditions being null and void or unenforceable, that will not affect the validity or enforceability of the other articles and paragraphs of the present General Terms and Conditions or the agreement between the parties.
Article 16 Privacy Policy
Information on our Privacy and Cookie Policy can be found here.