Table of Contents:
- Article 1 – Definitions
- Article 2 – Identity of the entrepreneur
- Article 3 – Applicability
- Article 4 – The offer
- Article 5 – The agreement
- Article 6 – Right of withdrawal
- Article 7 – Costs in case of withdrawal
- Article 8 – The price
- Article 9 – Conformity and warranty
- Article 10 – Delivery and execution
- Article 11 – Payment
- Article 12 – Complaints procedure
- Article 13 – Disputes
- Article 14 – Additional or deviating provisions
Article 1 | Definitions
In these terms and conditions, the following terms are understood to mean:
- Reflection period: the period during 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 who enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or performance obligation of which is spread over time;
- Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates 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;
- Model withdrawal form: the European model withdrawal form included in Annex I;
- Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
- Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby exclusive or additional use is made of one or more techniques for distance communication up to the conclusion of the contract;
- Technique for distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being together in the same room at the same time.
- General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 | Identity of the entrepreneur
Schindeler Diamonds & Jewelry
Pelikaanstraat 94, 2018 Antwerpen
+31 6 13 95 37 31
(KvK) Number: 58457127
VAT Identification Number: NL 001771162B13
Currency paid: Euros (€)
Article 3 | Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded 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 are available for inspection at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible at his request.
- If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be taken note of electronically and that they will be sent to the consumer free of charge, either electronically or in some other way, at his request.
- In the event that, in addition to these general terms and conditions, specific product or service conditions are also applicable, the second and third paragraphs shall apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions.
- If one or more provisions in these general terms and conditions are wholly or partially void or are annulled, the agreement and these terms and conditions shall remain in force for the rest and the provision(s) concerned shall be replaced by a provision with a purport that is as similar as possible.
- Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
- Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained ‘in the spirit’ of these general terms and conditions.
Article 4 | The offer
- If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
- The offer is non-binding. The entrepreneur is entitled to change and modify the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to assess the offer properly. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- All images, specifications, and data in the offer are indicative and cannot lead to damages or termination of the agreement.
- Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
- Each offer contains information that makes it clear to the consumer what the rights and obligations are that are connected to the acceptance of the offer. This particularly concerns:
- the price, including taxes;
- any shipping costs;
- the way in which the agreement will be concluded and what 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 accepting the offer, or the period within which the entrepreneur guarantees the price;
- the height of the rate for distance communication if the costs of using the communication technique are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement will be archived after it is concluded, and if so, how the consumer can access it;
- how the consumer can check the data provided by him under the agreement and, if desired, correct it before concluding the agreement;
- the possible languages in which the agreement can be concluded, besides Dutch;
- the codes of conduct to which the entrepreneur has submitted and how the consumer can consult these codes of conduct electronically; and
- the minimum duration of the distance agreement in case of a continuous performance.
Article 5 | The agreement
- The agreement is concluded, subject to the provisions in section 4, at the moment the consumer accepts the offer and meets the conditions set for it.
- If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance of the offer electronically without delay. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.
- The entrepreneur can, within the limits of the law, inform himself if the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur, based on this investigation, 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 implementation.
- With the product or service, the entrepreneur will provide the consumer with the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
- the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
- 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;
- information about guarantees and existing after-sales service;
- the information referred to in Article 4(3) of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
- the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- In case of a continuous performance, the provision in the previous paragraph applies only to the first delivery.
- Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.
Article 6 | Right of withdrawal
For delivery of products:
- When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for a period of 14 days. This reflection period starts on the day after the consumer receives the product or a pre-designated representative made known by the consumer to the entrepreneur.
- During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. If he uses his right of withdrawal, he will return the product with all accessories delivered and in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
- The consumer shall notify the entrepreneur of his decision to withdraw from the agreement within 14 days after receiving the product. The consumer must make this known using the model withdrawal form or any other clear statement. After the consumer has made his intention known to use his right of withdrawal, he has 14 days to return the product. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.
- If the consumer has not made his intention known to use his right of withdrawal within the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
Article 7 | Costs in case of withdrawal
- If the consumer uses his right of withdrawal, he shall only bear the costs of returning the goods.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the entrepreneur or conclusive proof of complete return can be provided. The refund will be made using the same payment method used by the consumer unless the consumer expressly agrees to another method.
- The consumer is not liable for any depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before concluding the purchase agreement.
Article 8 | The price
- During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence, with variable prices. The offer will state that the mentioned prices are indicative.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
- these are the result of legal regulations or provisions; or
- the consumer has the authority to terminate the agreement on the day the price increase takes effect.
- The prices of products or services mentioned in the offer include VAT.
- All prices are subject to printing and typesetting errors. The entrepreneur is not obliged to deliver the product according to the incorrect price in case of printing or typesetting errors.
Article 9 | Conformity and Guarantee
- The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations that exist on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur does not affect the legal rights and claims the consumer may assert against the entrepreneur under the agreement.
- Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. The return of the products must be in the original packaging and in new condition.
- The guarantee does not apply if 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.
Article 10 | Delivery and Execution
- The entrepreneur will take the greatest possible care when receiving and executing orders for products.
- The place of delivery is the address that the consumer has made known to the company.
- Accepted orders will be executed with due speed but at least within 30 days, unless a different delivery period has been agreed upon. If the delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be informed about this within 30 days after he placed the order. In this case, the consumer has the right to dissolve the agreement free of charge and is entitled to possible compensation.
- All delivery periods are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a period does not entitle the consumer to compensation.
- In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after dissolution.
- The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 11 | 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(1).
- The consumer has the duty to report any inaccuracies in the payment details provided or mentioned to the entrepreneur without delay.
- In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs that have been made known to the consumer in advance.
Article 12 | Complaints Procedure
- The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
- In case of complaints, the consumer should first turn to the entrepreneur. It is also possible to file complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
- If a complaint is found to be justified by the entrepreneur, the entrepreneur will either replace the delivered products free of charge or repair them.
Article 13 | Disputes
- Exclusively Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies to consumers living abroad.
- The Vienna Sales Convention does not apply.
Article 14 | Additional or Different Provisions
Additional or different provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer on a durable data carrier in an accessible manner.
Attachment 1 | Model Withdrawal Form
(Complete and return this form only if you want to withdraw from the agreement)
Schindeler Diamonds & Jewelry
2018 Antwerpen, België
Phone: +31 6 13 95 37 31
*Strike out what does not apply.
I/We* hereby give notice that I/we* withdraw from my/our* contract of sale of the following product / provision of the following service.
Ordered on (DD-MM-YYYY):
Received on (DD-MM-YYYY):
Name/Names of consumer(s):
Address of consumer(s):
IBAN Bank Account Number:
Signature of consumer(s) (only if this form is submitted on paper):