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General terms and conditions

 

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings

Withdrawal period: the period within which the consumer can make use of his right of withdrawal;

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

Day: calendar day;

Transaction Duration: a distance contract relating to a series of products and / or services, the supply and / or purchase is spread over time;

Durable medium: any means that enables the consumer or trader to store information addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;

Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;

Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being in the same place at the same time.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

F.A. Online

E-mail address: info@DelilahJewels.nl

KvK-nummer: 75323680

VAT identification number: on request

Article 3 - Applicability 

These general terms and conditions apply to any offer made by the entrepreneur and to any distance contract concluded and orders placed between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the trader's premises and that, at the consumer's request, they will be sent free of charge as soon as possible.

If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general conditions electronically to the consumer be made available in such a way that the consumer a simple way can be stored on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer's request, electronically or otherwise.

In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply by analogy and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favourable to him.

If one or more provisions in these general terms and conditions are at any time wholly or partially void or declared null and void, the agreement and these terms and conditions shall otherwise remain in force and the provision in question shall immediately be replaced by a provision that approximates the purport of the original as much as possible.

Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Unclear explanations or contents of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

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

The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to permit a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and / or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Product images are a true representation of the products on offer. Entrepreneur cannot guarantee that the colours shown correspond exactly to the real colours of the products. 

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;

any shipping costs;

the way in which the agreement will be concluded and which actions are necessary for this;

whether or not the right of withdrawal applies;

the method of payment, delivery and execution of the agreement;

the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

whether the agreement is archived after it has been concluded, and if so in what way it can be consulted by the consumer;

the way in which the consumer, before concluding the contract, can check the data provided by him within the framework of the contract and, if desired, repair them;

any other languages in which, in addition to Dutch, the agreement can be concluded;

the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and

the minimum duration of the distance contract in the case of a long-term transaction.

Optional: available sizes, colours, type of materials.

Article 5 - The Agreement

The agreement is, subject to the provisions of paragraph 4, concluded at the time of the consumer's acceptance of the offer and compliance with the associated conditions.

If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate safety measures.

The entrepreneur can - within the law - inform himself whether the consumer can fulfill his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this research, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, or to attach special conditions to the execution of the order or request, stating the reasons.

The entrepreneur will accompany the product or service to the consumer the following information, in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium:

  1. the visiting address of the establishment of the entrepreneur where the consumer with complaints can go;
  2. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  3. the information on guarantees and existing after-sales service;
  4. the information contained in article 4 paragraph 3 of these conditions, unless the trader has already provided the consumer with this information before the execution of the contract;
  5. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned. 

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option of dissolving the contract, without giving reasons, for a period of 14 days. This reflection period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and announced to the trader representative.

During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise his right of withdrawal, he is obliged within 14 days, after receipt of the product, to notify the entrepreneur. The consumer must make it known by means of a written message/e-mail. After the consumer has indicated that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. It is up to the consumer to prove that the delivered goods have been returned on time, for example by means of a proof of dispatch. 

If the customer has not expressed his intention to exercise his right of withdrawal or has not returned the product to the company after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a reality. 

The right of withdrawal is excluded on the personalized jewelry.

Article 7 - Costs in case of revocation 

If the consumer exercises his right of withdrawal, the costs of returning the products shall be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but at the latest within 14 days after withdrawal. This is subject to the condition that the product has already been received back by the merchant or that conclusive proof of complete return can be presented.

Article 8 - Exclusion of the right of withdrawal

The trader can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.

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

  1. which have been created by the entrepreneur in accordance with the consumer's specifications;

    Article 9 - The price

    During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.

    Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the Entrepreneur has no control, at variable prices. These fluctuations and the fact that any prices mentioned are target prices are mentioned in the offer. 

    Price increases within 3 months after the conclusion of the contract 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 permitted if the entrepreneur has stipulated this and: 

    1. it is the result of statutory regulations or provisions; or
    2. the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.

    The prices mentioned in the offer of products or services are inclusive of VAT.

    All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price. 

    Article 10 - Conformity and Warranty

    The entrepreneur guarantees that the products and / or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usefulness and the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

    A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the trader on the basis of the contract.

    Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in a new condition.

    The warranty period of the company corresponds to the period of a manufacturer's warranty. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

    The warranty does not apply if:

    The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or modified by third parties;

    The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of the entrepreneur and / or on the packaging have been handled;

    The inadequacy is wholly or partly the result of regulations that the government has set or will set with regard to the nature or the quality of the materials used. 

    Article 11 - Delivery and execution

    The entrepreneur will take the greatest possible care when receiving and in the execution of orders for products.

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

    With due observance of what is stated in Article 4 of these General Terms and Conditions, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially carried out, the consumer will be informed no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.

    In the event of dissolution in accordance with the previous paragraph, the operator the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution, refund.

    If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to provide a replacement product. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement article will be delivered. The right of withdrawal cannot be excluded in the case of replacement articles. The costs of a possible return are at the expense of the entrepreneur.

    The risk of damage and / or loss of products rests with the entrepreneur up to the time of delivery to the consumer or a previously designated and announced representative to the entrepreneur, unless otherwise expressly agreed.

    Article 12 - Duration transactions: duration, termination and extension

    Termination

    The consumer may at any time terminate an open-ended contract that has been concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a period of notice that does not exceed one month.

    The consumer may at any time terminate a fixed-term contract that has been concluded for the regular supply of products (including electricity) or services at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.

    The consumer can use the agreements mentioned in the previous paragraphs:

    The Supplier shall at all times terminate and not be limited to termination at a specific time or in a specific period;

    at least in the same way as they have been entered into by him;

    always terminate with the same notice as the entrepreneur has stipulated for himself.

    Extension

    A fixed-term contract that has been concluded for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

    Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly prolonged for a fixed term that does not exceed three months, if the consumer terminates this prolonged contract towards the end of the prolongation, with a period of notice that does not exceed one month.

    A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and a period of notice that does not exceed three months if the contract concerns the regular supply of daily or weekly newspapers or magazines but less than once a month.

    A fixed-term contract for the regular supply of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

    Duration

    If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless reasonableness and fairness dictate that termination before the end of the agreed term is unacceptable.

    Article 13 - Payment

    Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of a contract to provide a service, this period commences after the consumer has received confirmation of the contract.

    The consumer has the duty to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.

    In the event of non-payment on the part of the consumer, the trader has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.

    Article 14 - Complaints procedure

    Complaints about the performance of the contract must be submitted to the trader within 7 days, fully and clearly described, after the consumer has discovered the defects.

    Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 14 days with an acknowledgement 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 the dispute settlement procedure.

    A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

    If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at his discretion, either replace or repair the delivered products free of charge.

    Article 15 - Disputes

    Contracts between the trader and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer is living abroad.