TERMS & CONDITIONS

Article 1. Definitions and applicability

1.1 These Terms and Conditions of Sale (hereinafter: Terms and Conditions) apply to all offers, orders and agreements of J. Olivia B.V. (hereinafter: J. Olivia), unless J. Olivia has made specific written agreements to the contrary. The customer (hereinafter: you) cannot derive any rights with respect to future transactions from any divergences agreed upon.

1.2 Accepting an offer or placing an order implies that you accept the applicability of these Terms and Conditions.

1.3 Rights relating to these Terms and Conditions can only be waived in writing, in which case the other provisions shall remain in force.

Article 2. Offers / agreements

2.1 All J. Olivia offers are made without obligation and J. Olivia expressly reserves the right to alter prices, particularly upon notice required by (legal) regulations.

2.2 An agreement with J. Olivia is concluded only after we have accepted your order. J. Olivia  is entitled to refuse orders or impose certain conditions upon the delivery, unless otherwise specified. If an order is refused, J. Olivia will notify you within two (2) business days after receiving the order.

Article 3. Prices and payments

3.1 The prices for the products and services stated in the aforementioned offers are listed in Euros and include VAT.

3.2 Within the Netherlands and for orders less than €79,00 we charge €4,95 for transportation including insurance. The shipping costs for customers from countries other than the Netherlands depend on the country the order needs to be sent to.

3.3 After J. Olivia has received the amount, we will send you an email confirming details of total cost including shipping. J. Olivia accepts payment by credit card (MasterCard and Visa), PayPal and iDEAL, only after approval. We do not charge extra for online payments.

Article 4. Delivery

4.1 Upon receipt of payment, J. Olivia will send all orders to the specified delivery address by Post NL within 1-5 business days. If for any reason we should deviate from this we will notify you by email. Please note that, in principle, an order will always be shipped within 5 business days upon receipt of payment. If you are not home at the time of delivery there will be a second delivery attempt, after which the package will be returned to J. Olivia. Any additional costs for resending the order will be charged to your account.

4.2 Late delivery does not entitle you to damages, nor does it entitle you to dissolve the agreement or to fail in fulfilling any obligations stated under this or any other related agreement.

4.3 The product must be delivered no later than 30 days after receipt of the order. If the product is not delivered, you can cancel the order. This provision does not apply if the parties have agreed on a different delivery date.

4.4 J. Olivia reserves the right to split the delivery of your order.

4.5 J. Olivia will do her best to keep the website up to date, however it is possible that one of the products is no longer in stock. In this case, we will contact you as soon as possible.

Article 5. Complaints and returns

5.1 J. Olivia does everything it can to ensure you receive a perfect product. If the article you ordered, in our webshop, arrives damaged or not otherwise in perfect condition, you can return the order within 8 calendar days after delivery by contacting info@joliviaswimwear.com . If J. Olivia receives no written complaints within this period, they are considered to have fully complied with their obligations towards the delivered order.

5.2 J. Olivia will solve any problem as soon as possible. If the solution offered does not meet your expectations, you hold the right to cancel the order at no additional cost. The amount you paid will be credited to your account (directly or through a credit card company) within 10 business days after your order has been received. This warranty is void a. when the product has been worn and/or washed, b. you have attempted to repair a defect yourself, c. the terms of use have not been observed. Please be aware that you bear the risk for the products you ordered once they have been delivered. If the package appears to be damaged, do not accept the shipment.

5.3 If you do not wish to keep your purchase from the J. Olivia online store, you have the right to return the product to J. Olivia within 14 calendar days after delivery. Returns are only accepted if the original packaging is unopened, the product has not been worn and/or washed and still has all its original labels. The shipping costs for returning the order are for your own account. If the product has been received in good condition, J. Olivia will transfer the amount paid directly to your bank account within 10 business days after receipt (if paid with iDEAL) or instruct the credit card company to credit the amount. Shipping costs will not be reimbursed.

Article 6. Liability

6.1 Any liability of J. Olivia, its staff and the products for all damages of any kind, direct or indirect, including loss, consequential damages, damage to movable or immovable property of persons, is expressly excluded. J. Olivia is not liable for damages resulting from the execution of the agreement, caused by third parties.

6.2 J. Olivia accepts no liability for any damages arising from the use of the products of          J. Olivia. 

6.3 In any case, any liability from J. Olivia towards the purchaser is limited to the invoice amount that the purchaser owes.

J.Olivia in consideration of said agreement.

6.4 For misunderstanding, delays or improper transmission of orders and messages resulting from the use of Internet or any other communication traffic between client and J. Olivia, or between J. Olivia and third parties as it relates to the relationship between customer and J. Olivia, J. Olivia is not liable, unless and where there might be proof of intent or gross negligence by J. Olivia. 

Article 7. Force majeure

7.1 In the event of force majeure, J. Olivia shall have the right, in its sole discretion, to suspend the execution of your order or terminate the agreement in writing without any judicial intervention and without being obliged to pay any compensation, unless, in the given circumstances, this would be unacceptable according to the principles of reasonableness and fairness.

7.2 Force majeure shall mean any breach which cannot be attributed to J. Olivia, because it is not at fault nor does it bear responsibility pursuant to the law, legal acts or generally accepted standards.

Article 8. Privacy

All personal data is used only for the purpose of processing the order and will never be made available to third parties.

Article 9. Miscellaneous

9.1 If you place an order with J. Olivia and supply us with an address, J. Olivia is entitled to send all orders to that address, unless you inform us in writing of another address to which your orders need to be sent.

9.2 If deviations from these Terms and Conditions have been permitted by J. Olivia for any length of time, whether tacitly or not, this shall not affect its right to demand immediate and strict compliance with these Terms and Conditions. You may never assert any right based on the fact that J. Olivia has applied these Terms and Conditions in a lenient manner.

9.3 Should one or more of the provisions of these Terms and Conditions or any other agreement with HOMAGE be contrary to any applicable legal requirement, the provision concerned shall cease to have effect and shall be replaced with a new, similar provision permissible at law to be determined by J. Olivia.

9.4 J. Olivia shall be entitled to utilize third parties in executing your order(s).

Article 10. Applicable law and competent court

10.1 All rights, obligations, offers, orders and agreements to which these terms apply, as well as these Terms and Conditions, are governed by Dutch law only.

10.2 Any disputes between parties will be submitted to the jurisdiction of the competent courts in the Netherlands.

Article 11. Copyright

1.1 All images or parts of images that are available on this website. Based on copyright law, it is strictly forbidden to duplicate images or text from downloaded documents, files and photography, in whole or part, without the author’s express permission.

Article 12. Identity

J.Olivia

Chamber of Commerce: 74562460

VAT No. : NL0057827626