Terms of service

Article 1 - Definitions

In these Terms and Conditions, the following definitions shall apply:

Cooling-off Period: The period within which the consumer may exercise their right of withdrawal;

Consumer: The natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;

Day: Calendar day;

Ongoing Transaction: A distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable Medium: Any tool that enables the consumer or entrepreneur to store information directed to them personally in a manner that allows future consultation and unchanged reproduction of the stored information;

Right of Withdrawal: The consumer’s ability to withdraw from the distance contract within the cooling-off period;

Entrepreneur: The natural or legal person offering products and/or services to consumers at a distance;

Distance Contract: A contract concluded within the framework of an organized system for distance selling of products and/or services, without the simultaneous physical presence of the entrepreneur and the consumer, and where exclusive use is made of one or more means of distance communication;

Means of Distance Communication: Tools that can be used to conclude a contract, without the consumer and the entrepreneur being physically present in the same space at the same time;

General Terms and Conditions: These current general terms and conditions of the entrepreneur.

Article 2 - Identity of the Administrator

Trading Name: Joan's Bags

Customer Service Email: support@joan-bags.com

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order entered into between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the consumer shall be informed, prior to the conclusion of the distance contract, that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent free of charge upon request.

If the distance contract is concluded electronically, notwithstanding the previous paragraph, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored on a durable medium. If this is not reasonably possible, the consumer shall be informed where to access them electronically and that they will be sent free of charge upon request.

If specific product or service terms apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions, the consumer may rely on the provision most favorable to them.

If any provision of these terms is at any time wholly or partially invalid or annulled, the remaining provisions shall remain in force. The invalid or annulled provision shall be replaced by a provision that most closely reflects the original intent.

Situations not covered by these terms shall be interpreted "in the spirit" of these general conditions.

Uncertainties regarding interpretation or content of any provision shall also be interpreted "in the spirit" of these general conditions.

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this shall be explicitly stated in the offer.

The offer is non-binding. The entrepreneur reserves the right to modify or revise the offer.

The offer includes a complete and accurate description of the products and/or services offered. Descriptions are sufficiently detailed to allow proper consumer evaluation. Images used by the entrepreneur are a true representation of the offered products/services. Obvious errors or mistakes do not bind the entrepreneur.

All images, specifications, and details in the offer are indicative and may not serve as grounds for compensation or contract termination.

Product photos reflect actual products as accurately as possible. However, the entrepreneur cannot guarantee that the colors displayed match the actual product colors exactly.

Each offer clearly states the rights and obligations tied to its acceptance, especially:

The price, excluding customs clearance fees and import VAT, which are borne at the customer's risk and expense. The postal or courier service may apply special import rules when shipping into the EU. VAT and customs clearance fees may be charged to the recipient.

Any applicable shipping costs;

The manner in which the contract will be concluded and what actions are required;

Whether the right of withdrawal applies;

Method of payment, delivery, and contract execution;

The time frame for accepting the offer or the validity of the price;

The cost of distance communication if calculated differently than the standard rate;

Whether the contract will be archived and if so, how the consumer can access it;

How the consumer can check and correct submitted information before finalizing the contract;

Available languages for the contract besides Dutch;

Any codes of conduct the entrepreneur has agreed to and how the consumer can review them electronically;

The minimum duration of a distance contract in the case of an ongoing transaction;

Optionally: available sizes, colors, and material types.

Article 5 - The Contract

Subject to the provisions in Article 4, the contract is concluded when the consumer accepts the offer and meets the stated conditions.

If the consumer accepts the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance electronically. Until this confirmation is received, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer pays electronically, the entrepreneur will apply suitable security protocols.

The entrepreneur may, within legal limits, check whether the consumer can meet their payment obligations and assess other factors relevant to responsibly entering into the distance contract. If the entrepreneur has valid reasons to not enter into the contract, they may refuse the order or attach special conditions.

The entrepreneur shall provide the following information to the consumer, either in writing or in a durable format:

The business address where the consumer can send complaints;
Conditions and procedures for exercising the right of withdrawal, or a clear statement if withdrawal is excluded;
Information about warranties and existing customer support;
Details listed in Article 4(3), unless already provided;
Conditions for terminating the contract if it lasts more than one year or is indefinite.

In the case of an ongoing transaction, the above applies only to the first delivery.

Every contract is subject to availability of the relevant products.

Article 6 - Right of Withdrawal

When purchasing products, the consumer has the right to terminate the agreement without providing any reason within 14 days. This cooling-off period begins on the day after the consumer, or a representative previously designated by the consumer and made known to the entrepreneur, receives the product.

During the reflection period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises the right of withdrawal, they must return the product to the entrepreneur along with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. This notification must be made in writing or via email. After notifying the entrepreneur of the withdrawal, the consumer must return the product within 14 days. The consumer must provide proof that the goods were returned on time, such as a shipping receipt.

If the consumer has not expressed their intention to use the right of withdrawal, or has not returned the product to the entrepreneur within the periods mentioned in paragraphs 2 and 3, the purchase becomes final.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they shall bear the cost of returning the products.

If the consumer has made a payment, the entrepreneur shall reimburse the amount as soon as possible, but no later than 14 days after the withdrawal. This is subject to the condition that the returned product has already been received by the entrepreneur or that conclusive proof of complete return can be provided.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. Exclusion of the right of withdrawal is only valid if the entrepreneur clearly stated this in the offer, or at least in good time before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

that are made according to the consumer’s specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that are liable to deteriorate or expire rapidly;
whose price depends on fluctuations in the financial market over which the entrepreneur has no influence;
that are individual newspapers or magazines;
that are audio and video recordings and computer software, if the consumer has broken the seal;
that are hygiene products where the seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, restaurant business, or leisure activities if performed on a specific date or during a specified period;
that have already commenced with the explicit consent of the consumer before the end of the withdrawal period;
related to betting and lotteries.

Article 9 - Price

During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market, which are beyond the entrepreneur’s control, at variable prices. This linkage to market fluctuations and the fact that any stated prices are target prices must be stated in the offer.

Price increases within 3 months after the contract is concluded are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only allowed if:

they result from statutory provisions or regulations, or
the consumer has the right to cancel the agreement as of the day the price increase takes effect.

According to Section 5.1 of the 1968 Turnover Tax Act, the place of delivery is where the shipment begins. In this case, delivery takes place outside the EU. As a result, the postal or courier company may charge import VAT or customs clearance fees to the customer. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of a pricing error, the entrepreneur is not obligated to deliver the product at the incorrect price.

Special customs and/or import fees are not included in the price and must be paid by the customer.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services conform to the agreement, the specifications stated in the offer, reasonable standards of soundness and/or usability, and the legal requirements and/or government regulations in effect at the time of contract formation. If agreed upon, the entrepreneur also guarantees that the product is suitable for uses other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may assert under the agreement.

Any defective or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur’s warranty period is equivalent to the manufacturer’s warranty period. However, the entrepreneur is never liable for the final suitability of the products for each individual use by the consumer, nor for any advice given about the use or application of the products.

The warranty does not apply if:

the consumer has repaired and/or modified the delivered products themselves or had them repaired/modified by a third party;
the delivered products were exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions provided by the entrepreneur and/or included with the packaging;
the defect is wholly or partly the result of regulations imposed or to be imposed by authorities regarding the nature or quality of the materials used.

Article 11 - Sizing and Customer Responsibility

Size Standardization
The sizes that customers provide during the ordering process may be automatically converted to match our store’s standardized sizing system. This conversion is made to ensure consistency across all products.

Reference to Size Guide
We strongly recommend that customers consult our size guide before making a purchase. The guide provides detailed information on how our sizing system works.

Customer Responsibility
Customers acknowledge and accept that they are responsible for reviewing the size guide before completing their purchase. We encourage all customers to verify their size using the size guide or by contacting our customer support for assistance.

No Liability for Incorrect Fit
Our website is not responsible for sizing issues resulting from an incorrectly ordered size. While we strive to ensure accurate conversions, variations may occur depending on brand, material, or product design.

Article 12 - Delivery and Fulfillment

The entrepreneur will exercise the utmost care when receiving and fulfilling product orders.

The place of delivery is the address that the consumer has provided to the company.

Subject to the provisions of Article 4 of these general terms and conditions, the company will fulfill accepted orders with appropriate speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be informed of this no later than 30 days after the order was placed. In such a case, the consumer has the right to terminate the contract at no cost and is entitled to possible compensation.

In the event of termination in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, and no later than 14 days after termination.

If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly communicated that a replacement item is being supplied. The right of withdrawal may not be excluded for replacement items. Any return shipping costs will be borne by the entrepreneur.

The risk of damage to and/or loss of products lies with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless expressly agreed otherwise.

Article 13 - Ongoing Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate a contract concluded for an indefinite period—regarding the regular delivery of products (including electricity) or services—at any time, subject to the agreed termination rules and a notice period not exceeding one month.

The consumer may terminate a fixed-term contract—regarding the regular delivery of products (including electricity) or services—at any time at the end of the specified term, subject to the agreed termination rules and a notice period not exceeding one month.

The consumer may modify the agreements referred to in the preceding paragraphs:

to terminate at any time and not be restricted to termination at a specific time or during a specific period;
to terminate them in the same manner as they were entered into;
always with the same notice period that the entrepreneur has stipulated for themselves.

Renewal

A contract concluded for a fixed term involving the regular delivery of goods (including electricity) or services may not be tacitly extended or renewed for a fixed duration.

Notwithstanding the previous paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, provided that the consumer can terminate the extended contract at the end of the extension with a notice period not exceeding one month.

A fixed-term contract for the regular delivery of goods or services may only be renewed for an indefinite period through tacit agreement if the consumer may terminate the contract at any time with a notice period not exceeding one month, or with a notice period not exceeding three months if the contract concerns the regular delivery of daily or weekly newspapers and magazines, but less than once a month.

A fixed-term contract for the regular delivery of daily or weekly newspapers and magazines by way of an introduction (trial or introductory subscription) shall not be tacitly continued and will automatically end at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year, with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise before the end of the agreed duration.

Article 14 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 business days from the start of the cooling-off period referred to in Article 6.1. In the case of an agreement for the provision of a service, this period shall begin after the consumer has received confirmation of the agreement.

The consumer is obligated to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.

In the event of non-payment by the consumer, and subject to legal limitations, the entrepreneur has the right to charge the consumer reasonable costs made known in advance.

Article 15 - Complaints Procedure

Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has identified the deficiencies.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed reply.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.

A complaint does not suspend the operator’s obligations unless the operator indicates otherwise in writing.

If the operator considers the complaint to be valid, the operator will, at their discretion, either replace or repair the delivered products free of charge.

Article 16 - Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply shall be governed exclusively by the laws of Hong Kong, even if the consumer resides outside Hong Kong.