Joolz – Milk Design B.V. Terms and Conditions
The online shop www.joolz.com is a commercial offering by:
Milk Design B.V.
Distelweg 89, 1031 HD Amsterdam
Phone number: +31 206304887 (available on working days between 10:00-16:00 GMT+1)
Email address: info@joolz.com
Registered with the Dutch Chamber of Commerce under number: 34207265
VAT number: NL.8243.10.044.B01
Director: R. Den Hollander
Responsible according to § 55 RStV: J. van Arend
GENERAL TERMS AND CONDITIONS
Article 1 – Definitions
(The following terms also contain legal information about your rights under the regulations for distance selling and electronic commerce agreements).
1) Applicability of these general terms and conditions
1.1. Offers and service descriptions
1.2. Ordering procedure and contract formation
1.3. Prices and shipping costs
1.4. Delivery, availability of goods
1.5. Payment terms
1.6. Retention of ownership
1.7. Warranty for material defects and guarantee
1.8. Liability
1.9. Storage of contract text
1.10. Data protection
1.11. Jurisdiction, applicable law
1) Applicability of these general terms and conditions
These General Terms and Conditions (hereinafter referred to as "Terms") apply to any offer made by Milk Design B.V. (trading under the name "Joolz") via the website www.joolz.com (hereinafter referred to as the "Website") and to any distance contract (hereinafter referred to as the "Contract") subsequently concluded via the Website between Joolz (also referred to as "we"/"us") and a consumer, meaning a natural person who is not acting in the course of their business or profession (also referred to as "you"/"your").
For the business relationship between Milk Design BV, Distelweg 89, 1031 HD, Amsterdam (hereinafter referred to as "Seller") and the customer (hereinafter referred to as "Customer"), only the following General Terms and Conditions in the version applicable at the time of the order shall apply.
A consumer within the meaning of these general terms and conditions is any person designated as such in the relevant applicable law and regulations. For your understanding, we note that in general, this refers to a natural person who performs a legal transaction for a purpose that cannot be attributed to their commercial or self-employed professional activity.
In addition to these Terms, additional terms may apply to certain products if the legal requirements for their applicability are met.
Customer's differing terms and conditions are not recognized and are explicitly rejected, unless the Seller expressly agrees to their validity.
For questions, complaints, and objections, you can contact our customer service by email: info@joolz.com. We will respond to the complaint within a maximum of 14 days after receiving it by email. If a complaint requires a foreseeable longer processing time, we will send a message within the mentioned period, indicating the time needed to provide a response. We will make every effort to resolve your complaint in consultation with you.
1.1. Offers and service descriptions
The presentation of products in the online shop is not a legally binding offer but an invitation to place an order.
The products offered on our Website are only available in the following countries: Netherlands, Belgium, Luxembourg, France, Germany, Austria, Italy, Spain, United Kingdom, Ireland, Sweden, and Denmark. Unfortunately, we do not deliver to all postal code areas. Please check the current information on the Website.
We make every effort to keep prices and information on our website accurate, but errors are never entirely ruled out. If we discover an error in the price of a product you have ordered, we will inform you as soon as possible. If, as a result of the error, we are no longer required to fulfill the contract, if you take advantage of the error, or if the error otherwise results in your liability, you can choose whether to confirm the order at the correct price or to cancel the contract. If we cannot reach you within a reasonable time in such cases using the contact details you have provided, or if you do not confirm the order at the correct price, the contract will be automatically canceled.
1.2. Ordering procedure and contract formation
The customer can select products from the seller's range and place them in a so-called shopping cart by clicking the "Add to shopping cart" button. The customer can then click the "Continue to checkout" button in the shopping cart to proceed with the ordering process. By clicking the "Order with payment obligation" button, the customer places a binding order to purchase the items in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
The seller will then send the customer an automatic order confirmation by email, which will list the customer's order again. The automatic order confirmation merely documents that the seller has received the customer's order and does not constitute acceptance of the request. The purchase agreement is only concluded when the seller accepts the ordered product, for example, by sending it to the customer, handing it over to the customer, or confirming the shipment within 2 days with a second email, an explicit order confirmation, or by sending the invoice or providing the bank details and payment request if the seller allows advance payment.
If payment is not received by the seller within 10 calendar days after the seller has sent the order confirmation, even after a new request, the seller may withdraw from the contract (if the other legal requirements for rescission are also met), resulting in the cancellation of the order, and the seller is no longer obligated to deliver, and the buyer is no longer obligated to pay.
1.3. Prices and shipping costs
All prices on the Seller's website include the currently applicable value-added tax.
In addition to the prices listed, the Seller may charge shipping costs for delivery. Any applicable delivery and/or shipping costs for your order will be clearly indicated before the Contract is concluded and will be confirmed in the Order Confirmation.
1.4. Delivery, availability of goods
If advance payment has been agreed upon, delivery will take place after receipt of the invoice amount.
If not all ordered products are in stock, the seller has the right to make partial deliveries at their own expense, as long as this is reasonable for the customer.
If the delivery of the goods fails due to the customer's fault despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately. If the ordered product is not available because the seller has not been supplied by its supplier through no fault of its own, this may be considered a failure to perform for which the seller cannot be held responsible. In this case, the seller will act in accordance with its legal obligations and inform the customer immediately and, if necessary, propose the delivery of a similar product. If no similar product is available or if the customer does not wish to receive a similar product, the seller will refund the customer any payments already made immediately.
The customer will be informed about delivery times and delivery restrictions (e.g., delivery limitations to certain countries) on a separate information page or in the respective product description.
Orders will be delivered within 14 days from the date of placing the order, unless a longer delivery period is agreed upon (e.g., for pre-ordered items).
No deliveries are made by our carrier on Saturdays and Sundays.
If delivery of a product you ordered is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, you will be notified within 14 days of placing the order. In such cases, you can choose to cancel the Contract at no cost, and we will fully refund any amounts you have already paid.
1.5. Payment terms
The customer can choose from the available payment options during the order process. The customer will be informed about the available payment methods on a separate information page on joolz.com.
If payment by invoice is possible, which is only possible through a third-party payment provider, payment must be made within 30 days of receiving the goods and the invoice. For all other payment methods, payment must be made in advance without deductions.
If third-party payment providers are responsible for payment processing, such as PayPal or Klarna, their general terms and conditions apply if the legal requirements for their applicability are met
1.6. Retention of ownership
The delivered goods remain the legal property of the seller until full payment has been made.
1.7. Warranty for material defects and guarantee
The conformity of the products is determined by legal regulations.
A guarantee exists only for goods explicitly provided by the seller. Customers will be informed about the warranty conditions on a separate information page.
1.8. Liability
If these Terms contain limitations of the Seller's liability, such limitations do not apply to the Seller's legal liability to consumers.
1.9. Storage of the contract text
The customer can print the text of the contract before submitting the order to the seller.
The Seller will also send the Customer an order confirmation with all order details to the email address provided by the Customer. The order confirmation will include information about the General Business Terms, as well as information about the right of withdrawal and references to shipping costs and delivery and payment conditions. If you have registered in our store, you can view the orders you have placed in your profile area. In addition, we store the text of the contract, but do not make it accessible on the internet.
1.10. Data protection
The Seller processes the Customer's personal data for the intended purpose and in accordance with legal provisions.
Personal data provided for the order of goods (such as name, email address, postal address, payment information) will be used by the Seller for the execution and processing of the contract. This data will be treated confidentially and will not be disclosed to third parties not involved in the order, delivery, and payment process.
The customer has the right to request free information about the personal data the seller has stored about them upon request. They also have the right to correct incorrect data, block data, and delete personal data, unless there is a legal obligation to retain the data.
More information about the type, scope, location, and purpose of collecting, processing, and using the necessary personal data by the seller can be found in the data protection declaration.
1.11. Jurisdiction, applicable law
These Terms and Agreements to which these Terms apply are governed by Dutch law. Disputes regarding the execution and interpretation of these Terms and/or Agreements shall be submitted to the competent court in Amsterdam, provided that you have one month after we have invoked this clause in writing to choose the court competent according to the law. This does not affect your rights under your own national law.
These General Terms and Conditions were last updated on November 2, 2023 (version 11022023.1).
Article 2 – Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is 30 days from the day on which you or a third party designated by you, other than the carrier, takes possession of the (last, or in the case of regular delivery of goods for a specified period, the first) item. To exercise your right of withdrawal, you can send us the model withdrawal form below or provide us with another unequivocal statement to that effect, which you can do here, where you can enter your order number and email address. Then select the products you wish to return, indicate the reason for return if you wish, add any photos if necessary, and submit the return request.
Consequences of withdrawal:
If you withdraw from the contract, we shall reimburse you for all payments received from you, including the costs of delivery (except for the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will bear the direct cost of returning the goods, unless otherwise specified in the return process. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. The right of withdrawal does not apply to contracts for the supply of goods that are made to the consumer's specifications or are clearly personalized, or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract).
- To Milk Design B.V. (trading as Joolz), Distelweg 89, 1031 HD Amsterdam (info@joolz.com)
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/services (*) - Ordered on (*)/received on (*) - Name of consumer(s) - Address of consumer(s) - Signature of consumer(s) (only if this form is notified on paper) - Date (*) Delete as appropriate.
Article 3 – General Customer Information
3.1 Shipping & Delivery
We only deliver by shipment. It is not possible to pick up the goods yourself or have them delivered to a parcel station unless explicitly stated during the ordering process.
If goods are delivered with obvious transport damage, please complain about such defects immediately to the deliverer and contact us immediately. Contact us after receiving the goods by email at info@joolz.com.
When using our website, communication with us will primarily be electronic, and we will typically contact you by email regarding the execution of the contract or to provide you with information. Please ensure that our emails do not end up in your junk mail.
3.2 Payment Method
You can choose to pay in advance, by direct debit, credit card, or invoice.
iDeal
You pay the invoice amount via the online provider iDeal.
Credit Card
Your credit card will be charged when the order is completed.
PayPal
You pay the invoice amount via the online provider Paypal.
Klarna
The use of payment methods such as invoice, installment purchase, and direct debit requires a positive credit check. In this context, we transmit your data to Klarna for address and creditworthiness checks in the context of initiating the purchase and processing the purchase contract. Please understand that we can only offer you those payment methods that are allowed based on the results of the credit check. More information and the terms of use of Klarna can be found here. General information about Klarna can be found here. Your personal data is processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection rules.
Article 4 – Participation in ODR
The European Commission provides a platform for online dispute resolution for consumers, which you can find at http://ec.europa.eu/consumers/odr/. We voluntarily participate in a dispute resolution procedure.
