General Terms and Conditions of Sale
The following are the General Terms and Conditions of Sale of JOLILLY.
- Article 1. Object
- Article 2. Products - Prices
- Article 3. Registration and confirmation of orders
- Article 4. Delivery
- Article 5. Right to cancel a purchase
- Article 6. Payment
- Article 7. Guarantees and return policy
- Article 8. Privacy protection
- Article 9. Miscellaneous provisions
The User is requested to carefully read these General Terms and Conditions of Sale before placing an order!
The sales site JOLILLY (referred to hereinafter as the «Site») is a site for conducting e-commerce that is accessible via the Internet and open to all Internet users. The Site was created by the bvba AnyCommerce, Dennenlei 7, 2900 Antwerp, Belgium, operating under enterprise and VAT number BE 0825 389 727 and entered into the trade register of Antwerp. JOLILLY is a brand name owned and marketed by the bvba AnyCommerce . Via the Site, JOLILLY offers products of different brands (referred to hereinafter as the «Products») for sale to Internet users that are surfing on the Site (referred to hereinafter as the «User»). For the purpose and implementation of the present General Terms and Conditions, it is being agreed that the User and JOLILLY shall be referred to hereinafter jointly as the «Parties» and individually as the «Party», and that the User who has confirmed an order shall subsequently be referred to as the «Purchaser». The rights and obligations of the User shall automatically become assigned to the Purchaser. Any User wishing to transact purchases on the Site confirms to be legally capable of doing so. Any individual that in pursuance of the provision in Article 1123 et seq. of the Belgian Civil Code has been declared legally incapable shall be allowed to use the Site, with this proviso, however, that the said User shall not be entitled under any circumstance to engage in a purchase on the Site, thereby acquiring status as a Purchaser. In such an event, the legally appointed representative of the person declared incapable shall be held liable for consulting the content and conditions on the Site and the services that are being offered there. It shall be incumbent on this legal representative to observe compliance with the present provisions. In the event that personal data are being submitted, it shall in any case be incumbent on the said legal representative either to complete the registration form himself or to give the individual declared legally incapable explicit permission to fill it in, with this understanding that the provisions stated below in Article 8 with reference to the personal data shall remain of undiminished force and application.
Each and every person that orders a Product offered for sale on the Site shall be deemed to have taken full cognisance of the present General Terms and Conditions of Sale and to have confirmed his or her explicit agreement therewith. This agreement shall not be made dependent on a handwritten signature from the User.
Pursuant to the provisions in the Law of 9 July 2001 bearing on the determination of certain regulations in connection with the legal framework for electronic transactions and certification services, It is herewith reminded that the confirmation of the order form, as meant in Article 3.3 hereafter, is to be equated with an electronic signature that, between the Parties, is possessed of the same legal force as a handwritten signature and serves as proof of the completeness of the order and the claimability of the monetary sums that are duly owed in payment of the afore-mentioned order.
And, in conclusion, it is explicitly determined that the User shall be entitled to save or print out the present General Terms and Conditions of Sale, with the proviso that these conditions not be changed.
Article 1. Object
The present General Terms and Conditions of Sale establish the rights and obligations of the respective Parties resulting from the online sale of the Products offered on the Site, albeit with exclusive reference vis-à-vis the legal relationships resulting therefrom on the Internet.
These Terms and Conditions establish all of the steps necessary for the fulfilment of the order and ensure the execution of the follow-up transactions to be conducted between the contracting Parties. The Parties are agreed that their relationship is determined and confined exclusively by the terms of the contract they have concluded, to the exclusion of any conditions that may previously have been mentioned on the Site.
The sale may be transacted in English, French, Dutch, German, Spanish, and Italian.
Article 2. Products - Prices
The products offered by JOLILLY are those that are being advertised on the Site on the day that the Site is being consulted by the User.
On receipt of your order, the availability of the Product(s) will be checked. In the unlikely event that a Product is found to be out of stock at the moment of the order, the order for this Product shall automatically be cancelled. You will subsequently be notified via e-mail about the (un)availability of the Product(s) ordered. In case you have ordered a non-available Product, a similar Product of comparable price will be offered in replacement. In the event of insufficient stock on hand of a Product that is part of your order, the remainder of your order will be processed in the regular way.
The texts and photos in illustration of Products do not fall within the scope of application of this agreement. JOLILLY cannot be held liable for any possible errors and discrepancies in these photos and/or texts.
Prices are quoted in Euro, British Pounds, Swedish Kronor and Danish Kroner and are valid worldwide. Possible discounts, case pertaining, as well as the VAT rate applicable on the date of the order have already been calculated into the price. The quoted price does not include shipping costs and possible bank charges as mentioned in Article 4.3. Such costs and charges shall be billed extra following the definitive confirmation of the order. Hence, the invoice that is enclosed inside the package with the ordered Product(s) delivered to the User quotes the product price as well as the order processing costs.
JOLILLY reserves the right to change prices at any and all times, and the User agrees to this proviso. However, the Products shall be invoiced on the basis of the rates valid at the moment when the order is being registered, in so far as the ordered Products are available in stock at that time.
Article 3. Registration and confirmation of orders
3.1. Navigating the Site
The User can navigate the Site and get acquainted with the various Products offered there for sale by JOLILLY. The User can freely navigate the various pages of the Site without incurring the obligation to place an order.
3.2. Registration of an order
In the event that the User wishes to place an order, he will select the various Products that are of interest to him and click on the box «Place an Order». The User is able at any time:
- to receive a view of the Products selected by clicking on «My shopping cart», always pictured at the top right on one of the menu bars;
- to select additional Products by clicking on «Continue shopping»;
- to correct possible errors made on entering the data by clicking on «Update my shopping cart»; such corrections are no longer possible once the User has clicked on «Place Order»;
- to check the selection of Products and to order Products by clicking on «Place Order».
The User needs to accurately complete the forms that are being opened in the course of the entire purchasing process, that is to say, fill in all of the mandatory ID fields such as name, given name, postal address. In addition, the User needs to give his e-mail address. Optionally the user can provide a personal password of his choice for subsequent identification on the Site. The User shall be explicitly informed, and agree, that the entry of these ID data is to serve as proof of his identity and constitutes his agreement with the present General Terms and Conditions of Sale. Once the User has been identified, he needs to select the delivery address (as mentioned in Article 4.2 below). Next, the screen will display an order form with the following data: the type, quantity, and price of the Products selected by the User, as well as the total amount of the order, the User’s personal data, and the delivery address for the Products. The User is free to select the desired method of payment according to the modalities as stated in Article 6.
3.3. Final confirmation of the order
When the User clicks on «Yes, I confirm my payment», the order is finalized: the order is being registered and the sale is concluded. Subsequent to this step, the User will not be able to correct any possibly errors committed during the entering of the order. The User becomes subsequently registered as a Purchaser. The order form is entered in the computer register of JOLILLY or its service provider. It is to be stored on a secure and reliable information carrier to serve as proof of the contractual relationship that exists between the Parties. The contract shall subsequently be filed electronically for the exclusive use of JOLILLY. In conformity with Article 5 hereafter, the Purchaser shall be entitled, without payment of a penalty and without the need for presenting cause or reason, to cancel his purchase within fourteen (14) days, to be counted as of the day following the delivery of the Products by JOLILLY.
3.4. Confirmation of the order
As of the moment of the finalisation of the sale, JOLILLY shall dispatch a summary of the order via e-mail, at the latest on delivery of the Products, to the e-mail address that was provided with the order. This final confirmation of the order contains all of the collective elements of the agreement concluded between the Parties and, at the same time, serves as proof of the purchase transacted between them. It further is imbued with legal force and validity for what concerns the availability and the price of the articles. The invoice addressed to the User on delivery of the package will thus quote the cost of the Products as well as the costs incurred in processing the order.
The User will likewise receive a confirmation of the receipt and acceptance of the payment by the secure online payment system of JOLILLY (Ogone).
Article 4. Delivery
4.1. Delivery times
The applicable delivery times can be consulted in the table on the web page Shipping. The order will be available within the number of business days following the confirmation of the order as indicated on this table, barring disruptions attributable to the postal services or the transporters charged with the delivery. JOLILLY cannot be held responsible for such disruptions in deliveries that are attributable to said postal services or transporters.
Orders placed on 1 May, 21 July, 11 November, 24 and 31 December, and other public holidays will be processed and fulfilled within a period of 96 hours. Orders placed between Fridays at 12h and Sundays at 24h will be processed on Mondays. Every Purchaser will be informed via e-mail in case there are problems with the delivery.
4.2. Delivery address
The Products ordered by the Purchaser shall be delivered to the address in one of the member states of the European Union as provided by the Purchaser on his order form. It is possible for the Purchaser to have the Products delivered to an address other than his own.
In any event, the Products shall be dispatched via the habitual postal services or via transporters. In this respect, JOLILLY shall not assume any responsibility in case delayed deliveries are to be attributed to the above-mentioned services, as well as in case of loss of the ordered Products, or in the event of a strike. The Purchaser shall accept the risks associated with the transport and, in the event of a faulty delivery, he shall be required to submit a reasoned statement to that effect to the postal services or to the transporter in question, and this within three (3) business days of delivery. Likewise, it is to be noted that title of ownership to the ordered Products shall be transferred to the Purchaser only following full payment of the invoiced price, including therein the shipping charges. All other risks of loss or damage pertaining to the Products shall be transferred to the Purchaser as of the moment of their delivery.
The delivery service shall present the order to the address provided by the Purchaser. In case you happen to be absent at the time of first delivery, the deliverer will, depending on what is customary practice for the postal services or transporters in the country of delivery, leave behind an advice note mentioning the date and time when the package can be redelivered or provide the address where you can pick up your order. Delivery services operate on business days between 9 AM and 6 PM.
Damaged packages: In the event that the original packaging arrives damaged, ripped, or torn open at the time of the delivery, it shall be incumbent on you to check the condition of the Products inside. In case the Products themselves have been damaged, you must refuse acceptance of the package and make note of your refusal on the order form (e.g., delivery refused as package had been opened or was damaged etc…).
In case an order or part of an order is not delivered, you have maximum six (6) weeks to notify us accordingly (as of the date of departure of the package from our warehouse). After expiration of this term, no complaints will be considered.
4.3. Shipping costs
The shipping costs (e.g., packaging and shipping) associated with the package will vary in function of the location of the delivery address, the mode of delivery, the weight, and the amount of your purchase. In the table on the web page delivery you will be able to consult the fixed amounts, including VAT, that will be charged to you as shipping costs. The shipping cost of orders returned for exchange or refund will not be refunded. If you wish to have your package weighed prior to shipping, please contact JOLILLY via email@example.com.
JOLILLY reserves the right to adjust the listed shipping costs in function of the current postal or transportation rates. The shipping costs will be charged only once, even should the order be delivered in several parts.
Article 5. Right to cancel purchase
The Purchaser shall be allowed fourteen (14) days during which he may return the Products ordered by him without incurring any penalty and without the need to give a reason for the return. This term shall commence on the day following the delivery date of the order. The Product(s) need to be returned inside their original packaging to the following address: JOLILLY, Dennenlei 7, 2900 Schoten, Belgium. Proof of return must be validated.
All information needed for the return is also mentioned on the return form that is being supplied with the delivery. If the above-mentioned conditions are met, JOLILLY shall within ten (10) business days after receipt by JOLILLY of the return package (the date of receipt by JOLILLY shall serve as notice to JOLILLY of the fact that the Purchaser has exercised his right to cancel the purchase), refund to the Purchaser the amount paid by him, to the exclusion of the costs of return of the Products to JOLILLY, which costs shall remain at the expense of the Purchaser.
Article 6. Payment
Every order implies that the Purchaser shall assume a share of the shipping costs, unless the Purchaser is granted a free shipping promotion or reward, and, case pertaining, a share of the processing and collection costs in function of the selected mode of payment.
The order will be shipped only after confirmation of the payment by the secure online payment service provider or by the Purchaser's Bank or Credit Provider.
In the course of the order confirmation process, the Purchaser shall be presented with a number of different secure electronic payment modes. The credit and giro cheques will be encrypted by means of the SSL (Secure Socket Layer) protocol and are never displayed in the original form on the net. Payment is put through immediately by the bank. JOLILLY has absolutely no access to your data, nor are these data saved on our server. For that reason, we will ask you to re-enter your data each time you wish to conduct a new transaction on our website.
The sale shall be considered conclusive fourteen (14) days following the delivery date of the order, and the invoice enclosed inside the package delivered to you shall be deemed to have been accepted as final. In case of non-payment on the due date, you will be charged an arrears interest of 1.65% per month on the outstanding amount. In addition, the outstanding amount shall incur a penalty of 15% with a minimum of 40 EUR, this to be increased with the costs of dunning notices as well as any possible costs incurred in the tracing of the address. For what concerns the collection process, the collection costs (the rates of which can be sent to you on request) shall be charged to the Purchaser. In the event of disputes, only the courts of Antwerp, Belgium, shall possess the competent jurisdiction to entertain the case. The Purchaser has 7 business days during which to pay for the Articles he wishes to retain in his possession.
JOLILLY reserves the right to change these General Terms and Conditions at any and all times in the future.
In any event, JOLILLY reserves the right to refuse any order or delivery whatsoever in case of:
- outstanding disputes with the Purchaser
- partial payment or default of payment for a previous order placed by the Purchaser
- bank rejection of payment by bank or credit card
- partial payment or default of full payment
- use of a bank card not issued by a European financial institution.
Be it noted that JOLILLY can in none of the above instances be held responsible.
Article 7. Guarantees & Return Policy
All Articles are sold with a 3-month warranty attached. The delivery slip shall serve as proof of warranty. The Purchaser needs to carefully retain this proof of warranty. In order to keep the articles at their best, it is advisable that the Purchaser follow the maintenance instructions (as mentioned on the web page FAQ) for the Product. In case of irregularities on receipt of your order, please report these without delay to JOLILLY via firstname.lastname@example.org.
7.1. How to return a Product?
The Purchaser shall be entitled to return an Article for exchange or refund at all times with the proviso that:
- the Purchaser alerts JOLILLY of the intended return of the Product in advance via email to email@example.com,
- the Purchaser return the Product via traceable package delivery services of the Post or through a courier,
- the return be made within 14 business days following the date of delivery of your order,
- the Product be returned to us in perfect condition,
- and in the original packaging with the original labels/stickers still attached.
- the Purchaser strictly follows the “return procedure” rules.
For the return shipment, the Purchaser needs to make use of traceable package delivery services of the Post or of a private courier. After the Purchaser hands the package to the Post or to a private courier, he needs to retain his receipt so that the returned Products may be traced at any time should they not arrive back at the return address of JOLILLY. In this process, the following return procedure needs to be followed to the letter:
- The Purchaser must inform JOLILLY in advance via firstname.lastname@example.org that part or the whole of the order is being returned for exchange or refund.
- The Purchaser must enclose the Products he wishes to return inside the original packaging in which they were delivered to him.
- The Purchaser must completely fill out the return form that came inside the packaging in which his order was delivered. With every return of a Product, the Purchaser needs to provide his name, given name, address, e-mail address, and telephone number on the return form that is to be included with the return shipment.
- In addition, the Purchaser needs to mention on the return form why the Product is being returned.
- The Purchaser delivers the return package to a post office or to a courier, with the request to deliver it to the following return address:
- Dennenlei 7,
- 2900 Antwerp,
- The Purchaser needs to retain the receipt of his delivery with the number to be used in case the return shipment has to be traced, together with the original delivery slip of the Product or the invoice. In this way, JOLILLY will be able to locate the return shipment if the package fails to reach the return address.
- Within 10 business days following receipt of the return shipment, JOLILLY shall refund the Purchaser.
Reasons for the Purchaser to return the purchased Products:
- Exchange : If the purchased product does not fit the Purchaser, it may be returned for an exchange. The Purchaser needs to mention the new size wanted on the return form. JOLILLY will as soon as possible ship out an identical Product of the requested size.
- Refund : When the Purchaser is dissatisfied with the purchased Product, JOLILLY shall refund the purchase price of the returned Product (exclusive of the shipping costs). The Purchaser shall be under no obligation to purchase a new Product or to exchange the returned Product for another. The Purchaser needs to mention on the return form that a refund is requested.
- Damaged Product : The Purchaser has received a damaged article. JOLILLY shall provide the Purchaser with a new Product. The Purchaser needs only to return the damaged product via the return procedure. The Purchaser needs to mention on the return form that the Product arrived in a damaged condition.
- Wrong Order: The Purchaser received a Product different from the one he ordered. CASSandCo shall deliver the correct Product. The Purchaser needs only to return the wrong Product via the return procedure. The Purchaser needs to indicate that a wrong Product was delivered to him.
In case the Purchaser requests a refund, JOLILLY shall refund the Purchaser the price paid for the returned Product, excluding the shipping costs, and this within ten (10) business days following receipt of the returned Product. In case the Purchaser does not find the Product to his liking, or the Product is of the wrong size and does not fit, the Purchaser shall likewise be required to pay the costs of the return shipment. Non-prepaid shipments or C.O.D. shipments will be refused.
The refund shall invariably be made via a bank transfer to the bank account of the Purchaser.
In case of evidence of abnormal or excessive incidence of product returns, JOLILLY reserves the right to refuse acceptance and processing of any subsequent order.
The warranty extended under the above-mentioned guarantees shall not be applicable:
- in case of normal wear and tear of certain parts
- to components and accessories that need to be replaced on a regular basis
- in cases of professional, commercial, or collective use, or in the event that the product is being used for other purposes that those for which it has been designed
- in case of incorrect usage or of neglect to follow the user instructions
- in case of alterations that are not to be attributed to JOLILLY
7.3. Legal guarantee
The Purchaser shall be the beneficiary of the legal guarantee pertaining to each and every defect and/or absence of conformance noted at the delivery of his Product, with the proviso that he was not cognisant of said defect or absence of conformance, or was not assumed to have, or to be able to have, prior cognisance thereof at the time of the conclusion of the agreement, and further providing that said defect or absence of conformance manifest itself within a period of one (1) year, to be counted as of the moment of the above-mentioned delivery. In such an event, the Purchaser shall be entitled to request the repair or the replacement of the Product in question, or, in case neither of the afore-mentioned solutions proves feasible, a suitable reduction in the price, or the dissolution of the agreement, this in conformity with the conditions as provided for in law (art. 1649 bis et. seq. of the Civil Code). With a view to this eventuality, the Purchaser shall accordingly advise JOLILLY in writing, at the latest within 2 months after he has observed the defect in question. If and when the defect becomes manifest within a term of 3 months after delivery, it shall be incumbent on JOLILLY to prove that the defect in question did not exist at the time of delivery of the Product. After expiration of one year, the Purchaser shall no longer be able to demand repair or replacement of his Product, barring notification to the contrary in the product catalogue. Products with a normal lifetime of less than one year, or even 3 months, in conformity with generally accepted usage or the state of the technique (and taking into account their price), shall be guaranteed only for the duration of the normal lifespan. The legal rights possessed by the Purchaser in conformance with the Belgian legislation bearing on the sale of consumer goods shall not prejudice the guarantees described elsewhere in the product catalogue.
7.4. Questions regarding the Sale
The Purchaser shall invariably have the possibility of contacting JOLILLY via email@example.com following the conclusion of the transaction for what concerns any queries related to the sale concluded between the Parties.
Article 8. Privacy Protection
All personal data pertaining to the User are meant for the internal use of JOLILLY, only and this by means of the data processing procedure. However, such data may be communicated to business organisations that are contractually associated with JOLILLY to serve in their own commercial and business prospecting. The User shall at any moment be entitled to request inspection and scrutiny and correction of his data if he so requests, as well as to lodge objections, without incurring any charge, to their being processed and communicated, particularly for what concerns direct marketing objectives, and this in conformity with the Belgian Law of 8 December 1992 concerning privacy protection vis-à-vis the processing of personal data.
8.1. Personal data
The provision of personal data within the context of remote sales is mandatory seeing that this information is deemed necessary for the process and delivery of ordered Products as well as for the drafting of the relevant invoices. This information is treated with the utmost confidentiality. If this information is not being provided, the order shall simply be ignored.
Conform to the Belgian Law of 8 December 1992 bearing on the Privacy Protection vis-à-vis the processing of personal data, a statement about the processing of such personal data gathered on the Site has been lodged with the Commission for the Protection of Privacy. The User/Purchaser shall at any time be entitled to request inspection and scrutiny, correction, and deletion of his personal data. The User/Purchaser shall be fully entitled to inspect the data entered and to demand corrections to any incorrect or incomplete data as obtain.
In addition to the above, the User/Purchaser can at any moment demand that his personal data be erased from the JOLILLY data file. To this effect, the User/Purchaser needs to send a letter with attachment of a recto-verso photocopy of his ID card to JOLILLY, Dennenlei 7, 2900 Schoten, Belgium.
8.3. Web banners
Some web pages on the Site sometimes contain electronic representations or «web banners» that are used to count the number of visitors to the page. These web banners may be used by some of our partners, for instance to measure and eventually improve the effectiveness of certain publicity promotions. The information that is obtained via these banners remains fully anonymous and is solely meant to gather statistics about the frequency of visits to certain pages on the Site, in order that Users of our Site may be served even better in the future.
All photos that are displayed on the Site shall remain the exclusive property of JOLILLY, or they are shown under licence, or originate from suppliers or associations that have given their explicit consent for their display.
Article 9. Miscellaneous-provisions
9.1. Force Majeure
JOLILLY shall not be held liable for its possible failure to remain in full or partial compliance with her obligations under the present agreement in so far as such non-compliance is attributable to a force majeure situation, with particular emphasis on a partial or complete disruption or halt of the postal services, transport and/or communication services, as well as any and all disruptions caused by instances of flooding or fire outbreaks. With force majeure are to be equated all occurrences that fall within the purview of the provisions as described in case law.
In the event of the occurrence of a situation that falls under the designation of a force majeure condition, JOLILLY shall accordingly inform the User/Purchaser within five (5) business days following the start of the occurrence in question.
After one (1) month’s interruption of services as a result of the force majeure situation, JOLILLY shall be entitled to cancel the execution of the order, case pertaining, with the obligation resting on JOLILLY to refund the already paid purchase price to the Purchaser.
9.2. Partial invalidity
In the event that one or several provisions in the present General Terms and Conditions of Sale are judged to be faulty or declared wholly null and void on the grounds of legal, statutory, or administrative stipulations or of a definitive ruling pronounced by a competent court, such nullity shall not prejudice any of the other provisions, which shall nonetheless remain of undiminished force and application.
9.3. Integral agreement
The present General Terms and Conditions of Sale and the order summary that is being sent to the Purchaser shall be deemed to form a collective agreement embodying all contractual business relationships that exist between the Partners. In the event of contradictions between these documents, the General Terms and Conditions of Sale shall take precedence.
9.4. Applicable law – competent jurisdiction
The present General Terms and Conditions of Sale and the contractual relationships between JOLILLY and the Purchaser shall be governed by Belgian law. JOLILLY engages herself to remain in full compliance with all provisions stated in the Code of Conduct of the BDMV (Belgian Direct Marketing Union). In the event of any disputes arising, a compromise settlement shall be attempted before proceeding to judicial action before the Courts. Only the Courts of Antwerp, Belgium, shall possess the competent jurisdiction to entertain the case.
9.5 Full contact data for JOLILLY
JOLILLY is a trade name owned by AnyCommerce bvba, registered in Antwerp with enterprise number BE 0825 389 727.
- Dennenlei 7
- B-2900 Schoten
Tel UK :+44 20 8133 7142 - Tel BE : +32 475 650 999 - Tel NL : +31 10 340 0508
International Bank Account Number IBAN BE43 0016 1012 2501 • BIC GEBABEBB • BNP Paribas Fortis