Terms of service

Article 1. Definitions In these terms and conditions, the following definitions shall apply:

Seller: the natural or legal person who offers products, (access to) digital content and/or services (at a distance) to consumers;

Joah Lune;
Tel: +31618575155;
E-mail: hello@joahlune.com;
Website: https://www.joahlune.com;
Chamber of Commerce: 77106679;
Address: Ransdorpstraat 8, (5035BK) at Tilburg;
VAT no: NL003147473B17.

Buyer: the natural person, not acting in the exercise of a profession or business, who enters into an agreement and/or distance contract with Seller;
Consumer: see the 'Buyer';
Agreement: the agreement entered into between Seller and Consumer, including the Distance Agreement;
Distance Contract: the Contract concluded outside the Seller's sales area by means of an organized system (e.g. a web shop) with the aim of enabling distance selling of products, digital content and/or services;
Ancillary Agreement: an agreement whereby the Consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the Seller or by a third party on the basis of an arrangement between that third party and the Seller
Withdrawal period: the period within which the Consumer can exercise his right of withdrawal;
Day: calendar day;
Digital Content: data produced and delivered in digital form;
Continuous contract: a contract for the regular supply of goods, services and/or digital content for a specified period;
Durable data carrier: any device - including e-mail - that enables the Consumer or Seller to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the Consumer's option to waive the distance contract within the cooling-off period;
Model withdrawal form: the European model withdrawal form;
Technique for distance communication: means that can be used for concluding an agreement, without the Consumer and Seller having to be together in the same room at the same time;
Conditions: the present conditions of sale and delivery.

Article 2. The Agreement

These Terms always apply to all offers made by Seller and to every Agreement concluded, including a Distance Agreement, between Seller and Consumer.
In the event of a written offer or written order confirmation from Seller, this offer or order confirmation shall be deemed to represent the entire Agreement and shall replace all prior written and oral agreements, statements and/or representations of the parties. Amendments of/additions to the text of the quotation or order confirmation, in addition to the quotation or order confirmation, shall only form part of the Agreement if this is explicitly acknowledged by Seller in writing whereby in the event of contradiction the text of the quotation or order confirmation shall prevail. Fragmented agreements are often the cause of (genuine) misunderstandings and long legal proceedings. I try to avoid that here, but it is best to work with 1 central document that you can fall back on together if necessary.
Seller reserves the right to unilaterally change these Terms and Conditions, insofar as by this change, performance to be provided by Seller does not deviate substantially from the promised performance. Consumer shall be deemed to have accepted the amendments in question if Seller has not received a written protest to this effect from Consumer within 14 Days of the written notification of the amendment.
Quotations of Seller have a limited validity period of 10 working days, unless otherwise stated in writing. Seller always has the right to revoke an offer accepted by Consumer within 2 working days of receiving its acceptance. Consumer cannot derive any rights from details in quotes, leaflets, advertising materials or from Seller's website. This avoids suddenly being held to outdated quotations due to (months of?) procrastination. And maybe it will help in a faster agreement from your client.
If any provision of these general terms and conditions is invalid for any reason, the terms and conditions shall otherwise remain in force and the parties shall negotiate the content of a new provision, which provision shall approximate the scope of the original provision as closely as possible. If 1 article is too sharp to the wind, I will thus prevent not this entire set of terms and conditions from going overboard.

Article 3. The Performance

Seller shall deliver, if no specific standards or regulations have been agreed upon, in accordance with what Seller could reasonably assume.
The goods offered by Seller have those properties that Seller has made known with regard to the goods. The Seller does not guarantee that the goods are suitable for the purpose for which the Consumer intends to use them, even if this purpose has been made known to the Seller. The items may differ slightly from any samples, models or illustrations made available or provided to Consumer by Seller. It is more common for a product to be good in itself, but unsuitable for what the Buyer wants to do with it. This is where you agree that the Buyer must bear that responsibility himself, even if you have worked with him.

Article 4. Price and Payment

Unless otherwise agreed, prices are inclusive of VAT and exclusive of transport and packaging.
Price increases resulting from additions and/or changes made to the order and/or the specifications of the goods to be delivered at the oral or written request of the Consumer are entirely at the expense of the Consumer. Cooperating with interim requests is of course very customer friendly. And if this leads to additional prices, it is good to agree on this in advance. But in this way I build in a safety net to fall back on if that fails.
All costs resulting from circumstances that the Seller could not reasonably have taken into account when entering into the Agreement will be borne by the Consumer.
All payments by Consumer to Seller, unless otherwise agreed in the Agreement, must be made to a bank account number to be designated by Seller in Euros and no later than 30 Days after the start of the Reflection Period, if no Reflection Period applies no later than 30 Days after the conclusion of the Agreement, in case the Agreement relates to the provision of a service 30 Days after Consumer has received confirmation of the Agreement. This is a 'period determined for satisfaction' within the meaning of Art. 6:83 sub a of the Dutch Civil Code.
If indicated by the Seller, the Consumer is entitled and obliged (also) to pay in other ways than in cash, for example - but not limited to - by transfer of goods (remittance).
If Consumer remains in default after the expiry of the period referred to in the previous paragraph, Seller shall give him notice of default, as a result of which Consumer is in default, with at least the following consequences: Here you have means of enforcing payment. This is how you deal with defaulters effectively. You don't have to use this, of course.
Consumer becomes liable for interest equal to the then current legal interest rate for non-commercial transactions (on 1-1-2022 this interest rate was 2% per year) on the outstanding invoice(s);
Consumer shall become liable for collection costs, which shall be calculated on the outstanding portion of the principal sum as follows:
1. over the first € 2.500,00: 15%
2. over the next € 2.500,00: 10%.
3. over the next € 5,000.00: 5%
4. over the next € 190.00,00: 1%.
5. over the next € 200,000.00: 0.5%;
the collection costs are at least € 40.00 and at most € 6,775.00.
Payments made by Consumer always first serve to reduce all costs and interest due and then due and payable invoices that have been outstanding the longest, even if Consumer states that payment relates to (a) later invoice(s).

Article 5. Quality and complaints

The Consumer shall immediately upon delivery (in any case within 60 Days after receipt) check the delivered goods for quantities, quality, visible damage, properties or defects and report this in writing or by e-mail to the Seller stating the order and/or invoice number and sending (a copy of) the waybill. After expiration of this period, the goods are deemed to be in accordance with the Agreement. A delivery is best checked by a customer when it has just been received. If there are complaints, this is to ensure that they are voiced quickly.
It also prevents defaulters from going way back in time looking for reproaches just to avoid paying.
On other defects than mentioned in the previous paragraph, Consumer can no longer appeal, if he has not complained in writing to Seller within 60 Days after he discovered or reasonably should have discovered the defect.
If Consumer processes the goods in whole or in part or has them processed, then Consumer has approved the goods. In that case, any liability of Seller has lapsed.

Article 6. Delivery, terms of delivery

A delivery period agreed by the parties shall commence after the Seller has received all details necessary for delivery and, if agreed, an (advance) payment from the Consumer.
An agreed delivery period can under no circumstances be regarded as a deadline. In the event that the Seller fails to meet the delivery deadline or fails to meet it on time, the Consumer shall give the Seller written notice of default and allow the Seller the opportunity to fulfill its obligations within a reasonable period.
Products ordered by Consumer will be delivered no later than 30 Days after Seller has accepted the order. If delivery within this period is impossible, the Seller will notify the Consumer as soon as possible. In that case, the Consumer has the option to reclaim any advance payment made for the order in question within 7 Days of receiving the notification. The Seller shall in such case refund the advance payment to Consumer within 30 Days.
The Seller is entitled to deliver in parts, whereby each partial delivery may be invoiced separately.
The risk for the products to be delivered passes from Seller to Consumer at the time of delivery.

Home delivery;

If Consumer uses a carrier offered by Seller for transport, delivery takes place at the moment that Consumer, or a third party designated by Consumer who takes delivery of the product, or at least a third party who takes delivery of the product on behalf of Consumer, with the exception of the carrier, takes delivery of the product.
The transport of the products in the case of paragraph 6 is at the risk of the Seller and at the expense of the Consumer.

Own carrier;

If Consumer uses a carrier for transport, other than a mode of transport offered by the Seller, delivery takes place at the time the carrier takes delivery of the product.
The transport of the products in the case of paragraph 8 is at the risk and expense of the Consumer.

Article 7. Right of withdrawal for Consumer in Distance Contract

Consumer can dissolve the Distance Contract within the Reflection Period.
The Consumer notifies the Seller of this cancellation of the Distance Contract by means of the Distance Contract Cancellation Form, by means of an electronic form that the Seller offers on its website for this purpose, by placing a return request on the website, by placing a return registration within the Consumer's personal account, by following the return process as described on the Seller's Website.
The Reflection Period is 30 Days.

For products;

Day of Receipt is the day on which the Consumer, or a third party designated by the Consumer who takes delivery of the product, or at least a third party who takes delivery of the product on behalf of the Consumer, with the exception of the carrier, received the product (hereinafter: the Day of Receipt).
The Reflection Period mentioned in paragraph 3 starts on:

the Day after Day of Receipt;
in case Consumer has ordered multiple products in 1 order, the Day of receipt of the last product;
in the case that Consumer's order contains a product that is delivered in multiple shipments or consists of multiple parts, the Day of Receipt of the last shipment or part;
in the case of regular delivery of products over a period of time, the Day of receipt of the first product

In the case of services and digital content:

The Consumer may terminate the Distance Contract in accordance with paragraphs 1 and 3 of this article if the Distance Contract relates to the provision of a service or digital content that is not supplied on a tangible medium and the Consumer has not given express, prior consent - thus declaring - to waive his right to terminate.

In the case of paragraph 6, the Reflection Period referred to in paragraph 3 starts on the Day the Distance Contract is concluded.
If the Seller has not provided the legally required details on the right of withdrawal or the Model Right of Withdrawal Form with an agreement as described in paragraph 6, the Reflection Period expires 14 Days after he has done so.
If Seller has not provided the legally required details on the Right of Withdrawal or the Model Right of Withdrawal Form with an agreement as described in paragraph 6, the Withdrawal Period will in any case expire 12 months after the Withdrawal Period as mentioned in sub a.

Obligations of Consumer:

During the Reflection Period, Consumer may unpack or use the product for the purpose of establishing the nature, characteristics and operation of the product in a manner in which he would do so in a store. The Consumer handles the product and its packaging carefully and limits the unpacking or use of the product to a minimum that is reasonably necessary, given the purpose stated in this paragraph.
The Consumer is liable for any diminution in value resulting from unpacking or use that exceeds the provisions of paragraph 7.
If Seller has not provided Consumer with all legally required details regarding the right of withdrawal before or at the conclusion of the Distance Contract, Consumer is not liable for the decrease in value mentioned in paragraph 7.
The Consumer sends the product including all accessories, in the -as far as reasonably possible- original condition and packaging.
The Consumer shall bear the cost of the return shipment.
The burden of proof regarding the provisions in paragraphs 7 to 11 lies with the Consumer.

Obligations of the Seller in case of withdrawal:

If Seller makes it possible for Consumer to notify cancellation electronically and Consumer makes use of this possibility, Seller will send a confirmation of receipt to Consumer without delay after receipt of this notification.

Seller reimburses all costs paid by Consumer without delay, in any case within 14 Days. If the Seller offers to pick up the product itself, the Seller may postpone reimbursing the costs until the time it receives the product or the Consumer has proven to have returned the product. If, when concluding the Distance Contract, the Consumer chose a mode of delivery that is more expensive than the least expensive mode of delivery offered by the Seller, the Seller may limit the delivery costs to be reimbursed to the cost of the least expensive delivery.

Exclusion of right of withdrawal:

The Seller excludes the Consumer's right of withdrawal, by stating this with the offer or at least in due time before the conclusion of the contract, for the following products/services: In Some cases you can exclude the right of withdrawal. The goods can then no longer be returned. Which of these exclusions are desired by you?
The supply of digital content other than on a tangible medium, but only if:

performance has begun with the Consumer's express prior consent; and
the Consumer has declared that he thereby loses his right of withdrawal.
1. The Right of Withdrawal mentioned in this article only accrues to the Consumer if he has concluded a Distance Contract with the Seller.

Article 8. Duration transactions: duration, termination and renewal

Termination:

If the Agreement has been concluded for an indefinite period of time or for a definite period of time with a duration of more than 1 year, both the Seller and the Consumer may terminate the Agreement in writing with due observance of a notice period of 1 month. If the Agreement was concluded otherwise than in writing, both Seller and Consumer may terminate the Agreement accordingly.

Renewal:

If the Agreement is an Agreement for the regular delivery of products or services and is tacitly extended or renewed in an Agreement for a definite or indefinite term, both Seller and Consumer may terminate the continued Agreement at any time, subject to a notice period of 1 month.

Duration:

If the Agreement has a definite term of more than 1 year or an indefinite term, both Seller and Consumer may terminate the Agreement at any time from 1 year after its commencement, subject to 1 month's notice.

Article 9. Complaint Procedure You as a webshop are obliged to have a complaint procedure such as this and to comply with it.

Complaints about the performance of the Agreement must be submitted to the Seller within a reasonable time after the Consumer has discovered the defects, fully and clearly described.
Complaints submitted to the Seller will be answered within a period of 14 Days from the date of receipt. If a complaint requires a foreseeably longer processing time, the Seller will respond within the 14 Day period with a notice of receipt and an indication of when the Consumer can expect a more detailed answer.
The Consumer must give the Seller at least 4 weeks to resolve the complaint by mutual agreement. After this period a dispute arises that is susceptible to the dispute settlement procedure.

Article 10. Applicable law and disputes.

Only Dutch law applies to the Agreement.
The court that has jurisdiction in the municipality where the Seller has its registered office has exclusive jurisdiction. If another court has jurisdiction in the municipality in which the Consumer is domiciled, that court shall have joint jurisdiction.