LUISA JO, Chamber of Commerce number 75570475.

1. APPLICABILITY

The following terms and conditions (the “Terms and Conditions”) apply to orders of products (“Products”) and services (“Services”) placed with Luisa Jo (“Luisa Jo” or “we”) either via www.luisajo.com (the “Website”) or via email or personal contact by customers worldwide. Please ensure that you carefully read these Terms and Conditions. It is important that you regularly check for updates. Luisa Jo  reserves the right to update these Terms and Conditions at any time. The date of the latest update can be found in the last section of the Terms and Conditions. Your order will always be subject to the Terms and Conditions that apply at the order date. We recommend you to print or download a copy of these Terms and Conditions for future reference.

2. PLACING ORDERS ON THE WEBSITE

To place an order on the Website, you must be at least 18 years old. By placing an order, you confirm that you have read and accept these Terms and Conditions and that you are purchasing Products for personal end and not as a professional reseller. When placing an order, we require you to provide us with an email address, among other personal information. When you submit an order we will send a conformation to the provided email address including an order number, details of the products ordered, payment and delivery. Your order will only be placed once you have proceeded to check out and have received a conformation by email.

3. ACCEPTANCE OF ORDER

Luisa Jo reserves the right to subject all orders to acceptance. We expressly reserve the right not to accept your order for any reason. Once we have send you a conformation that your purchase has been shipped, your order is considered final. At this point a contract, containing these Terms and Conditions, comes into existence and is binding between you and us (the “Contract”). Fulfilment of an order through the Website is subject to availability of the Product or Service. We also reserve the right to cancel a Contract by electronic written notice to you in the following situations, without liability for any damage or costs other than repayment of any amount received from you in relation to the cancelled Contract:

• the Product is not available or not in stock;
• your billing information is not correct or not verifiable;
• your order is flagged up by our security systems as an unusual order or an order susceptible to fraud;
• your bank transfer payment is not received within 12 calendar days after acceptance of your order;
• we have reason to believe you are under 18;
• we have reason to believe that you are a reseller;
• there was an error in the price displayed on the Website;
• we could not deliver to the address provided by you;
• due to an Event Outside Our Control (see art. 12 below); or
• in the event of misspelling, pricing or other errors or mistakes in the Website information.

5. PAYMENT

Please check the available payment methods once you proceed to ordering. We do not accept any method of payment other than those listed for a relevant country. Please do not try to pay by any other way than specified on the Website. If you do, we will not be liable for loss of the payment or any other damages that may result from this action. If you pay by credit/debit card;

We will deduct the amount due from your account as soon as we have sent the confirmation email. All credit card payments are made via Stripe, a secure online payment gate way. Payments can only be processed if the billing information can be verified and the validation of cardholders has been checked. In the event that the card issuer refuses authorization of the payment, your order will be cancelled. We retain title in any Product(s) until we have received full payment for such Product(s).

In the event that no payment has been received within 12 calendar days after you submitted your order, your purchase will automatically be cancelled.

6. PRICES AND CURRENCY

The Product prices displayed on the Website are inclusive of Value-Added Tax (VAT). Prices are quoted in Euro unless expressly stated that the price is in another local currency. If you change the country of delivery during check out, prices from that moment may be quoted in a different currency. Please note that changing the country of delivery may have an influence on the price due to a change in currency or to country specific pricing and/or VAT.

The total price specified in the final check out screen includes tax. Please note, outside the European Union import duties and taxes may apply. These extra costs are beyond our control. Please transfer only the exact amount specified on the Order Confirmation, and make individual transfers per order, using the unique reference number stated in your Order Confirmation.

The prices of the Products will be as displayed on the Website. Prices may change from time to time, but changes will not affect any order we have confirmed in an Order Confirmation.

7. SHIPPING & DELIVERY

• Delivery 
  Luisa Jo offers free-of-charge shipping worldwide. We ship from Monday to Friday. We do not ship on certain public holidays. Ensure to provide us with the correct shipping and billing information to avoid delays. We can only fulfill an order to a delivery address which is a home or office address in one of the countries listed in the countries section of the website.
• Track & Trace 
  All orders are traceable. Once your order is shipped you will find the track-and-trace number and instructions in the email informing you that your Products have been dispatched.
• Signature 
  To secure your order we only deliver upon receiving a signature.
• Defective Products 
  Upon delivery, please inspect the packaging for damage. If it appears that the Products are damaged, please do not accept the shipment.

8. RETURNS & CANCELLATIONS

• Cancelling order before delivery 
  You may cancel any order free of charge and without giving us any reason, provided it has not yet been shipped. Please contact us at [email protected] in order to check the current status. The cancellation will be free of charge. If cancellation is not possible, the Product(s) will be delivered to you and may be returned in accordance with the procedure set out below.
• Returning orders after delivery 
  You are entitled to return Products delivered to you in the event that they are defective or otherwise not in conformity with your order when you received them. You can do so within 14 days after you notice the defect. This does not affect your statutory rights. In the event your claim is justified, the purchase price will be refunded. We have to charge a small fee of €15,- on the return shipments from outside the EU.
• Exercising your right of withdrawal 
  If for whatever reason you are not happy with the Products you ordered, you may return the Products delivered to you within 14 calendar days after the Product is delivered, as long as:
  • the Products are unopened and not used in any way;
  • the Product is complete and you return in or together with the original packaging, hand tags etc.;
  • the Product is not tampered with or otherwise changed.
• Refund 
  Luisa Jo will only issue a full refund if Products meet the same conditions as at the time of delivery as stated above. Once we have received your order – duration depending on where you send from – and all requirements have been met you will be notified by email. Your refund will be issued within 14 days after receipt by Luisa Jo of the returned Product, based on the original form of payment. For practical information on how to return and for refund timelines, see the Returns section of the Website.
• Risk of return shipment 
  We strongly advise you to use the pre-paid UPS return label we enclosed to ensure the shipment is secured. If you wish to do otherwise, please note that the costs for the shipment will not be compensated; you can send the items to the following address:

Luisa Jo

Paulus Borstraat 14
3812 TB Amersfoort
The Netherlands

If you return to the address stated above – you yourself are responsible for shipping the Product to our address. In case we do not receive the Product, we are in no way liable for loss of the Product. The burden of proof that a Product is delivered to us is on you or the company used for shipping.

9. COMPLAINTS

• In case of complaints, a consumer must first contact Luisa Jo.
• Complaints about the performance of the agreement and goods must be submitted within 7 days after the consumer has identified the defects.
• Complaints submitted shall be answered within 7 days from the date of receipt.
• If a complaint is found to be well founded, Luisa Jo will either replace or repair the goods.
• In case of complaints that can not be resolved by mutual agreement, a dispute arises which is susceptible to the dispute settlement.
• You have the opportunity to handle his complaint through the European ODR platform. The decision is binding and both Luisa Jo and the consumer agree with this binding verdict. Provision of a dispute might involve costs to be paid by the consumer to the relevant committee.

10. LOYALTY PROGRAM TERMS & CONDITIONS

• The delivery date options are fixed, however, we can always discuss exceptions (e.g. vacations, special events etc.). 
• The loyalty program runs at least for 1 year, and will be extended automatically. 
• Cancellation: you can cancel the program by sending a message. You need to do this 14 days before the next year of your loyalty program starts. 
• Deliveries are free of charge to your home address. 
• Payment: please let me know if you wish to receive a yearly invoice with the total amount right at the first delivery, or if you prefer to pay at each individual delivery. 
• You want to purchase more than 4 times a year? Send me a private message with your wishes, and I will design a tailor-made program for you.

11. INTELLECTUAL PROPERTY RIGHTS

Luisa Jo owns all intellectual property rights in the Website and in the material published on it. These works are protected by the European Union trade mark. All such rights are reserved. You may print off one copy, and may download extracts of any page(s) from the Website only to the extent this is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Luisa Jo’s status as the owner of content on the Website must always be acknowledged.

You may not use any part of the content on the Website for commercial purposes without obtaining a license to do so from Luisa Jo. If you print off, copy or download any part of the Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 12. LIABILITY

If Luisa Jo fails to comply with these Terms and Conditions, we shall be responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if you and we contemplated it at the time we entered into the contract.

In the event you have suffered damages as a result of our activities related to your purchase(s) of our Products, our liability will be limited to:

• a) damage to the Products;
• b) reasonable and demonstrable costs incurred by you to find out the cause and the amount of the damages under a);
• c) reasonable and demonstrable costs incurred by you to prevent or reduce the damage under a).The maximum reimbursement of the above damages will (if applicable) be the purchase price of the Products concerned.
• We shall not be liable for damage incurred by you as a result of your improper use of any of our Products.
• Loss 
  Luisa Jo will never be liable for any loss, of whatever nature, caused by Luisa Jo having used incorrect and/or incomplete data provided by you or on your behalf.
• Third party 
  We shall not be liable for damage incurred by a third party resulting from the use of any of our Products.
• Electronic communications 
  Although it might seem obvious, the security of information and payments transmitted via Internet or via e-mail can’t be guaranteed. We shall not be liable for any damages suffered as a result of the use of electronic communications.
• Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Dutch law.
• Colors 
  Due to the different settings of each computer, colors and fabric details on the images shown on our website may differ from the original colors and fabrics. We strive to display and describe our Products as accurate as possible and therefore cannot be held responsible for such discrepancy. If you are unsatisfied with your Product, please see section 8 “Returns and Cancellations” on how to return the goods.
• Warranties 
  To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on the Website, whether express or implied.
• Commercial use 
  Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. FORCE MAJEURE

In the event Luisa Jo is prevented from meeting its obligations under a Contract as a result of circumstances that occurred through events outside its control. Such situations include, but are not limited to war or danger of war, terrorism or threat of terrorism, civil war, rioting, revolution, strikes, willful damage, failure of electricity, telephone or internet services, natural disasters, limited transport possibilities due to weather conditions and traffic congestion or similar events. In the event of Force Majeure, Luisa Jo will contact you as soon as reasonably possible to notify you. However, we could without any notice of default being required and without being obliged to pay any compensation, be entitled to terminate the Contract partially or fully or suspend for the duration of the situation of force majeure. Our obligations under these Terms and Conditions will be suspended and the time for performance of our obligations will be extended for the duration of the events outside our control. You may also cancel the Contract if certain events take place and you no longer wish us to provide the Products.

14. ACCESS TO THE WEBSITE

We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.

15. INFORMATION ON THE WEBSITE

Although the Website is compiled with care, the information, texts, documents, graphics, movies, music and/or other services on it may contain errors or be otherwise incorrect or incomplete. We shall not be liable for any damages resulting from the use of (or inability to use) the Website, including damages caused by viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it or any incorrectness, or incompleteness of the Website.

16. SEVERABILITY AND WAIVERS

Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

17. PRIVACY POLICY

This privacy policy is applicable to all activities of Luisa Jo.

During registration and/or completing your order on our website, your personal information will be treated confidentially. Luisa Jo will keep all information related to you in accordance with the conditions of the Dutch privacy policy and respects your privacy by carefully processing your personal data. We only use your personal information in order to complete your order(s), returns, exchanges, or to address any possible issues arising regarding the above mentioned. 

Please view the complete “Privacy Policy” on our Website.

18. APPLICABLE LAW

These Terms and Conditions, each Contract and non-contractual obligations arising out of or in connection with it shall be exclusively governed by Dutch law. Any disputes arising out of or in connection with the Terms and Conditions, a Contract and any non-contractual obligations shall be exclusively submitted to the relevant court in Amsterdam, the Netherlands.

Last updated: October 14, 2024

Need help? Contact [email protected] directly.