Joolz general conditions / terms
MILK Design BV - Joolz
Distelweg 89, 1031 HD Amsterdam
E-mail: info@joolz.com
Chamber of commerce number: 34207265
VAT identification number: NL.8132.37.737.B01
Managing Director: R. Den Hollander
Phonenumber: +49 30 21502816
E-mail address: info@joolz.com
Court of registration & registration number: 34207265
VAT identification number: 116/5942/4471
Owner: S. Vermeulen
GENERAL TERMS & CONDITIONS
Article 1 – Definitions
(The following terms and conditions also contain legal information about your rights according to the regulations on contracts in distance selling and electronic business transactions).
1) Applicability of the Directive
1.1. offers and service descriptions
1.2. order process and conclusion of contract
1.3. prices and shipping costs
1.4. delivery, availability of goods
1.5. terms of payment
1.6. retention of title
1.7. warranty for material defects and guarantee
1.8. liability
1.9. storage of the contract text
1.10. data protection
1.11. place of jurisdiction, applicable law
1) Applicability of the Directive
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") the following General Terms and Conditions in the version valid at the time of the order shall apply exclusively.
You can contact our customer service for questions, complaints and objections on weekdays from 9:00 a.m. to 5:00 p.m. by phone at 1-844-656-1699and by e-mail at service.us@joolz.com.
A consumer in the sense of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor his independent professional activity (§ 13 BGB).
Deviating conditions of the customer are not recognized, unless the seller expressly agrees to their validity.
1.1. offers and service descriptions
The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the websites of the seller do not have the character of an assurance or guarantee.
All offers are valid "while stocks last", unless otherwise stated with the products. Otherwise, errors are reserved.
1.2. order process and conclusion of contract
The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart by clicking the button [add to cart]. The customer can then click on the [Continue to checkout] button within the shopping cart to complete the order process.
By clicking the button [Confirm & Send Order], the Customer submits a binding request to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. Necessary information is marked with an asterisk (*).
The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again. The automatic confirmation of receipt only documents that the seller has received the customer's order and does not constitute an acceptance of the application. The sales contract is only concluded if the seller sends the ordered product to the customer within 2 days, hands it over or has confirmed the dispatch to the customer within 2 days with a second e-mail, explicit order confirmation or sending the invoice.
If the seller allows advance payment, the contract is concluded with the provision of the bank details and payment request. If the payment is not received by the seller within 10 calendar days after sending the order confirmation despite the due date, even after a new request, the seller will withdraw from the contract with the consequence that the order is invalid and the seller has no obligation to deliver. The order is then completed without further consequences for the buyer and the seller.
1.3. prices and shipping costs
All prices stated on the Seller's website are inclusive of the statutory value added tax applicable at the time.
In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and during the ordering process.
1.4. delivery, availability of goods
If advance payment has been agreed, delivery will be made after receipt of the invoice amount.
If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, as far as this is reasonable for the customer.
Should the delivery of the goods fail through the fault of the customer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be refunded to the Customer immediately.
If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if the customer does not wish to receive a comparable product, the seller will immediately reimburse the customer for any payments already made.
Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.
1.5. terms of payment
The customer can choose from the available payment methods within the scope of and before completion of the order process. Customers will be informed about the available means of payment on a separate information page.
If payment is made by invoice, which is only possible through a third party payment provider, payment must be made within 30 days of receipt of the goods and the invoice. For all other methods of payment, payment must be made in advance without deduction.
If third party payment providers are commissioned with the payment processing, e.g. Paypal or Klarna, their general terms and conditions of business apply.
If the due date of the payment is determined by the calendar, the customer is already in default by missing the due date. In this case, the customer must pay the statutory default interest.
The customer's obligation to pay interest on arrears does not exclude the seller's right to claim further damages caused by default.
The Customer is only entitled to a right of set-off if his counterclaims have been legally established or recognised by the Seller. The Customer may only exercise a right of retention if the claims result from the same contractual relationship.
1.6. retention of title
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 warranty is determined by legal regulations.
A guarantee only exists for the goods delivered by the seller if it has been expressly given. Customers are informed about the guarantee conditions on a separate information page. (link to warranty)
1.8. liability
The following exclusions and limitations of liability shall apply to any liability of the Seller for damages, notwithstanding any other legal requirements for claims.
The seller shall be liable without limitation if the cause of damage is based on intent or gross negligence.
Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations whose breach endangers the achievement of the purpose of the contract, or for the breach of obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the Customer regularly relies. In this case, however, the Seller shall only be liable for foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the above sentences.
The above limitations of liability shall not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
Insofar as the Seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
1.9 storage of the contract text
The Customer may print out 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 data to the e-mail address provided by the Customer. On the order confirmation, the Customer also receives information on the General Terms and Conditions of Business together with information on the right of revocation and references to shipping costs as well as terms of delivery and payment. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.
1.10. data protection
The Seller processes personal data of the Customer for the intended purpose and in accordance with the statutory provisions.
The personal data provided for the purpose of ordering goods (such as name, e-mail address, postal address, payment data) are used by the Seller for the fulfilment and processing of the contract. This data is treated confidentially and is not passed on to third parties who are not involved in the ordering, delivery and payment process.
The customer has the right to receive information free of charge on request about the personal data stored by the seller about him. In addition, he has the right to correct incorrect data, block and delete his personal data, unless there is a legal obligation to retain data.
Further information on the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller can be found in the data protection declaration.
1.11 Court of jurisdiction, applicable law
Place of jurisdiction and place of performance is the seller's registered office if the customer is a merchant, a legal entity under public law or a special fund under public law.
Cancellation policy
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took or has taken possession of the last goods. In order to exercise your right of cancellation, you must inform us (Milk Design BV - Joolz -, Distelweg 89, 1031 HD Amsterdam, service.us@joolz.com, telephone: +49 (0)30 21 50 28 16) of your decision to cancel this contract by means of a clear statement (e.g. a letter or e-mail sent by post). You can use the attached model revocation form, which is not mandatory.
In order to comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.
Consequences of revocation:
If you revoke this contract, we must reimburse you for all payments we have received from you, with the exception of the costs of returning the goods, immediately and at the latest within fourteen days of the day on which we receive notification of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you, and in no event will we charge you any fees for this refund. We may refuse to refund until we have received the goods or until you have provided proof that you have returned the goods, whichever is earlier. You must return the goods without delay and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement to the following address DSV Solutions / pa Joolz, Heierhoevenweg 17, 5928 RN Venlo, The Netherlands. For more detailed information regarding the return conditions, we refer the customer to the separate information page. The deadline is deemed to have been met if you send the goods before the end of the fourteen-day period. You bear the direct costs of returning the goods. You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for checking their condition, properties and functionality. The right of withdrawal does not apply to the following contracts: contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
Template withdrawal form
(If you want to cancel the contract, please fill in this form and send it back by e-mail).
- To Milk Design BV - Joolz --serive.us@joolz.com
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- reason
- Ordered on (*)/received on (*)
-order number (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in the case of communication on paper)
- Date (*)
General customer information
Shipping & Delivery
We only deliver by dispatch. Unfortunately, it is not possible to pick up the goods yourself or to deliver them to a packing station.
If goods with obvious transport damages are delivered, please complain about such errors immediately with the deliverer and contact us immediately. Contact must be made within 24 hours of receipt of the goods by e-mail to service.us@joolz.com.
Method of payment
You can choose to pay in advance, by direct debit, credit card or invoice.
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 the payment methods invoice, instalment purchase and direct debit requires a positive credit assessment. In this respect, we will forward your data to Klarna for the purpose of address and creditworthiness checks in the context of the purchase initiation and processing of the purchase contract. Please understand that we can only offer you those payment methods that are permitted on the basis of the results of the credit assessment. You can find further information and Klarna's terms of use here. General information about Klarna can be found here. Your personal data will be processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations.
