TERMS AND CONDITIONS

Consumer: ( or “you”) the natural person whose action is not within the course of a profession or business and who enters into an distance contract with a trader, that is Jo Heath Limited;
Jo Heath: Jo Heath VOF (KVK-nr: 82405891 ) website (“the Site,” “we,” “us,” or “our”). Jo Heath provides this site as a service to its customers.

Website: the set of webpages, software, services and such connected to the domain name www.joheath.com and/or the subdomains and all via the website of Jo Heath accessible services.

Webshop: The webshop of Jo Heath on the Website.

Product(s) : The goods that Jo Heath sells and supplies.

(General) Terms and Conditions : These terms and conditions.

 

  1. CONCLUSION AND CONTENT OF THE AGREEMENT

An Agreement will be concluded by the consumer and Jo Heath exclusively by means of Jo Heath’s acceptance of an Order (the offer) from the consumer that has been placed on or via the Website by (1) selecting a product; (2) filled in his/her address details and, if the delivery address is not the same as the invoice address, the delivery address desired; (3) the consumer has checked the order; (4) the consumer has made a payment. (4) Jo Heath will send the consumer a confirmation, by e-mail, as soon as possible after the order has been placed.

Jo Heath reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Jo Heath, for any reason whatsoever. Jo Heath reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Jo Heath shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, Jo Heath shall credit your account in the amount of the incorrect price.

Jo Heath will keep the agreement on file and retain it for a certain term (having a minimum of seven years). The consumer may also request a copy of the agreement from Jo Heath – as long as Jo Heath has it on file – by contacting the Jo Heath via info@joheath.com.

The agreement, including the Privacy Policy placed on the Website and these General Terms and Conditions, constitute the entire agreement between the consumer and Jo Heath with respect to the use of the Website and the placement and execution of an order.

  

  1. PRICE AND PAYMENT

The prices indicated on the Website are inclusive of Value Added Tax (VAT) and are exclusive of shipping costs and taxes/duties. The return shipping costs will be paid by the consumer. The total purchase price due will be indicated when the order is placed and when the agreement is confirmed.

If you are in possession of a valid discount code, you can enter the code in the provided box on the order form. The discount applies to the Product(s) and not the delivery charge. Jo Heath reserves the right to correct the mentioned prices on the Website, Webshop and/or in the confirmation mail, in case of errors (including printing and typing errors) or the correction of omissions. 

Jo Heath will be entitled to adjust the prices indicated on the Website from time to time without any notice being required. The prices indicated at the time at which the order is placed will be deemed to be the prices that form part of the agreement.

Payment may be made using the methods indicated on the Website.

 

  1. FORCE MAJEURE

Jo Heath is not liable for any damage as a result of a delay in the delivery or a failure to deliver that has been caused by circumstances that impede Jo Heath from complying with its obligations, and that cannot be attributed to Jo Heath because they cannot be blamed on Jo Heath, and cannot be deemed to be for the Jo Heath’s account in accordance with the law, a legal act or in accordance with generally accepted standards, such as – but not restricted to – war, threat of war, civil war, riots, a day of national mourning announced by the government, strikes, transport problems, trade limitations, problems with customs authorities, fire, flooding, earthquake or the bankruptcy of third parties engaged by Jo Heath, a failure on the part of Jo Heath’s suppliers to supply goods or a failure on the part of Jo Heath’s suppliers to supply goods in a timely manner, interruptions in the supply of goods to be delivered by third parties, including water and electricity, and other serious interruptions in the business operations of Jo Heath or third parties that it engages.

If as a result of a situation involving force majeure Jo Heath fails to comply with its obligations under the agreement or fails to do so in a timely manner, Jo Heath will be entitled to perform the agreement within a reasonable term or – if compliance within a reasonable term is not possible – to dissolve the agreement in whole or in part, without Jo Heath being obliged to pay the consumer any compensation in that respect.

 

  1. INVALID PROVISIONS

In the event that any provision contained in these General Terms and Conditions is invalid: the remaining provisions contained in these Terms and Conditions will nonetheless remain in effect; and the invalid provision will have to be interpreted as, or converted into, a valid provision having the same purport to every extent possible.

 

  1. APPLICABILITY

These terms and conditions (“Terms”) govern and apply to anyone accessing or using the website located at www.joheath.com. Please take some time to review these Terms & Conditions. By accessing or using the Services, including purchasing any products through the Services, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms; (2) that you have the right, authority, and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Services; and (4) you are of legal age to form a binding contract and are not a person barred from receiving services. Certain services may be subject to additional terms, guidelines or rules, which will be available in conjunction with those relevant services, and those additional terms will become part of these Terms when you use those services.
These General Terms and Conditions are only available in the English language.

 

  1. DELIVERY METHOD AND DELIVERY DATES

Shipment will be made using a carrier designated by Jo Heath.

After the agreement has been concluded Jo Heath will send the products as quickly as possible, and in any event within fourteen (14) days, to the address indicated by the consumer, provided that Jo Heath has received the full purchase price.

The Product(s) will be delivered based on the information as mentioned in the confirmation mail or order confirmation. You warrant that this information, for example your name and address, are correct. In case of any change in this information you shall notify Jo Heath in writing as soon as possible at info@joheath.com. If you do not take up the Product(s) (on time), irrespective of the reason, the costs made by Jo Heath therefor, including any costs of transportation, storage and safekeeping may be transferred to the consumer.

Jo Heath will make delivery in accordance with agreed delivery dates to every extent possible; however, the consumer acknowledges that the delivery dates are based on the circumstances of which Jo Heath is aware at the time at which the agreement is concluded and, insofar as they are dependent on work or services to be provided by third parties, on the information that such third parties provide to Jo Heath.

The goods will be imported on behalf of the consumer. The consumer authorized Jo Heath to import the goods on his/her behalf. Further, the consumer agrees that Jo Heath may delegate the obligation to import the goods on his/her behalf to a subcontractor (e.g. customs broker). The consumer will pay the taxes & duties in addition with the purchase price of the goods.

The risk with respect to any damage to or loss of the products will be transferred to the consumer as from the time at which the products are delivered.

 

  1. RIGHT TO RETURN

NOTE: For the avoidance of doubt if you are ordering product from outside of the European Union (EU) please be note that no right of cancellation applies to you. Your only rights to return product are set out in this clause 7.

7.1 You must upon receipt immediately check all Product you receive against your order. If the Product you receive is damaged, defective or in any way incorrectly supplied on delivery then you must note the details of any damage or error in supply on the delivery documentation or if you are unable to view the items on receipt, you must inform us (by post or e-mail only) as soon as possible but in any case within a reasonable period of time. Product must be returned with its original packaging and any footwear must be tried on carpeted surfaces only. Product must be unused, unworn and in an unaltered condition.

7.2 We may also agree to allow any product not falling within the above to be exchanged once following purchase subject to the requirements set out in clauses 7.3 and 7.4 below.

7.3 To return a product you will need to email us first: info@joheath.com

Kindly take your return to the nearest Post NL office or DHL Service Point and make sure you keep a note of your tracking until your return has been fully processed.

If you wish to use alternative means then please send your return to the address detailed in our email to you, and send details of your tracking to info@joheath.com

7.4 Any return must be made in a single delivery shipment and any fragmented returns may incur additional costs payable by you to us. It is imperative that you follow our instructions for the return of your items and that all goods are shipped back to us within 14 days of delivery.

7.5 If you have purchased Product from us from the US or Australia you are wholly responsible for the payment of all taxes and duties on any supply of product. We cannot under any circumstances refund such taxes/duties. You must deal with this application directly with the appropriate authority.

7.6 We recommend that you retain proof of sending, in case of a dispute.

7.7 Any refunds given by us will be made to the debit/credit card account provided when you placed your order and will be subject to our right to withhold amounts for products which are damaged or degraded on return.

7.8 Please note card refunds may take up to 10 business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and unfortunately we are unable to influence this.

7.9 This returns policy does not affect your legal and statutory rights.

 

  1. COMPLAINTS

 For further details of how Jo Heath will handle complaints please email customer service at info@joheath.com.

 The consumer will be obliged to inspect the product when it has been delivered and to notify Jo Heath within a reasonable term in the event that there are any visible defects or other complaints regarding the performance of the agreement. Such complaints must be submitted in writing and must be fully and clearly substantiated.

 Jo Heath will respond to any complaints that it receives within a term of 14 days after receipt. Jo Heath will notify the consumer within a term of 14 days in the event that it is foreseeable that the complaint will require a longer term to be processed, stating the term within which the consumer can expect to receive an answer.

The consumer acknowledges that: minor deviations and deviations that are generally considered acceptable in respect of the quality, size, colour, finishing, etc. of products cannot be avoided or are difficult to avoid and do not constitute a well founded reason to submit a complaint. Such complaints, and complaints regarding the removal of certain products from the Website, are not well founded. Jo Heath will not be liable for any damage that the consumer sustains as a result of such deviations or the removal of such products from the Website.

The consumer acknowledges that leather is a product that softens with use. Also colouring may fade over time and scratches are part of or can appear on the product. The sustainable leathers used are tanned without the use of harmful chemicals and have no synthetic top finish. Therefore scratching will occur and an irregularity in colour and texture are part of this leather characteristic. We also advise to avoid wearing light coloured clothing, as a leather bag can always shred colour and this can affect, for example, your light coloured clothes.

 

The consumer acknowledges that canvas colouring can fade with use and time.

 

  1. AMENDMENT TO THE GENERAL TERMS AND CONDITIONS

 Jo Heath will be entitled to amend these General Terms and Conditions from time to time. The most recent version of the General Terms and Conditions will be placed on the Website. The consumer must always consult these General Terms and Conditions before using the Website. If the consumer is unable to consult the General Terms and Conditions via the Internet Jo Heath will send the consumer a copy of the most recent version of the General Terms and Conditions by e-mail.

 

WEBSITE TERMS OF USE

 

DEFINITIONS

 

In addition to the General Terms and Conditions, in these Website Terms of Use the following terms shall have the following meanings:

 

Information/Content: The information, recommendations and/or services made available to you on or via the Webshop and Website.
Materials: Ideas and/or materials, including, but not limited to: texts, images, sounds, software or information.
Terms of use: The following Website Terms of Use and any policies and/or statements referred to on the Website regarding the use of certain (parts of) the Website.

 

THIRD PARTY (WEBSITE)

 

Jo Heath is not responsible or liable for any loss or damage of any sort incurred as a result of any dealings with any third party website or merchant or operator of such a third party website.

 

LIMITATION OF LIABILITY

 

Jo Heath shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages that result from the use of, or the inability to use, the materials and services on this site or the performance of any its products (even if Jo Heath has been advised of the possibility of such damages).

 

APPLICABILITY

 

These Website Terms of Use apply to all visits to, and use of the Webshop and the Website by you, as well as to all the Information/Content and the Contract.

 

All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogues, literature, advertisements, titles, names and any other materials provided on the Services are owned by Jo Heath and/or third parties. This content may contain omissions, errors, or may be out of date.

 

Jo Heath makes all efforts to accurately display the Products, including the colours; however, it is possible that the actual colour may be other than as displayed on computer monitors, which can distort colour. Additionally, Jo Heath products are made with sustainable leather and will also display some minor variations in colour and texture, characteristic of sustainable leather. We consider these variations evidence of the natural materials and processes used in the manufacturing of Jo Heath products, and likewise consider the variations to mark each bag as a unique piece.

 

Jo Heath reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on Jo Heath in any way except to the extent that it is specifically indicated to be so.

 

DISCLAIMER OF WARRANTY

 

All content, products, and services on the site, or obtained from a website to which the site is linked (a “linked site”) are provided to you “as is” without any guarantees or warranty. In connection with all content, products and services on this site, Jo Heath makes no warranties of any kind, either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Use of the product by a user is at the user’s risk.