General Terms & Conditions

Contents:
Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Relevance
Article 4 – The Proposal
Article 5 – The Contract
Article 6 – Right of withdrawal
Article 7 – Charges in case of withdrawal
Article 8 – Withdrawal exclusion
Article 9 – The price
Article 10 – Compliance and warranty
Article 11 – Supply and implementation
Article 12 – Continuing performance contract: duration, notice and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating conditions

Article 1 – Definitions

The following definitions are used in these terms and conditions:

1. Cooling-off Period: the period used by the consumer to decide whether or not to exercise the right of withdrawal.
2. Consumer: the natural person not acting in the conduct of a profession or business who has an online contract with the trader.
3. Day: one calendar day.
4. Continuing Performance Contract: an online contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
5. Sustainable Data Information Carrier: any method that enables the consumer or trader to store and keep all relevant information that allows it all to be accessed in the future and to reproduce it intact when necessary.
6. Right of Withdrawal: possibility for the consumer to renege on the online contract within the Cooling-off Period.
7. Trader: the legal entity or natural person offering goods and/or services to consumers online.
8. Online Contract: a contract made via the trader’s organised system of online sales, of products and/or services, up to and including the exclusive use of one or more communication techniques that are not face-to-face.
9. Online Communication Technology: a method used for entering into contracts, without consumer or trader having to be in the same room or at the same location at the same time.

Article 2 – Identity of the trader

Reijersen Juweliers
Korte Havenstraat 16, 3421 AG Oudewater
The Netherlands
info@reijersenjuweliers.nl
Tel: 0031 (0)348 564 958
CoC: 59803517
IBAN: NL86 RABO 0352302798
VAT Number: NL 170799748B01

Article 3 – Relevance

1. These General Terms & Conditions (T&Cs) apply to each proposal made by the trader and to each online contract between the trader and the consumer.
2. Prior to the Online Contract being agreed, all text from these General T&Cs must be made available to the consumer. When this proves impossible, reasonably speaking, it must be made clear that the General T&Cs are available from the trader for perusal, and that they may be freely requested as a document (post free) at the earliest convenience.
3. If a contract is being entered into online, it is possible, despite the forgoing paragraph, and before the contract is entered into, to supply the details of the General T&Cs for the consumers perusal electronically and to enable them to simply store and retrieve them in a sustainable data information carrier to their own satisfaction. When this proves difficult or impossible, it must be made clear where the General T&Cs can otherwise be found, either electronically of whatever manner possible, free of charge, to enable the consumer’s perusal.
4. In cases where, besides these General T&CS, there are also relevant specifics pertaining to products or services, sub-paragraphs 2 and 3 apply and the consumer may, in case if any conflict, always refer to the relevant article that benefits them the most.

Article 4 – The proposal

1. When a proposal has a limited period of validity or has certain conditions attached, this must be expressly stated in the proposal.
2. The proposal must contain a complete and accurate description of the products/products and/or services tendered. The description must be sufficiently detailed to allow the consumer to make a decent assessment. If the trader uses images, these must be a faithful rendition of the products and/or services proposed. Obvious mistakes or errors in the product offered render the contract void.
3. Each product proposed must contain information to such an extent that it is clear to the consumer what their rights and obligations are regarding to their acceptance of the proposal. Specifically in regards to the following:

• the price, tax included;
• applicable delivery charges;
• the way in which the contract will be entered into and all and any proceedings required for this;
• whether or not the ‘Right of Withdrawal’ is applicable;
• method of payment, delivery and completion of the contract;
• a time-frame for acceptance of the proposal, or indeed the terms within which the trader guarantees the price;
• the costs for online communication, if and when the costs made for this use of online technology are calculated separately to the usual basic charges for the method of communication used;
• whether or not this contract will be archived, and if so, how the consumer may access this if required;
• how the consumer may check and where necessary correct all data relevant to the contract they have made, before completion of the contract;
• all possible other languages, besides Dutch, in which the contract may be entered into;
• the codes of conduct to which the trader is subject and how/where the consumer may refer to these codes of conduct (electronically); and
• the minimal length of this online contract (when it is a Continuing Performance Contract).

Article 5 – The contract

1. The contract is agreed, subject to paragraph 4, as soon as the consumer agrees to the proposal and satisfies the proposal’s conditions.
2. When the consumer has accepted the proposal online, the trader must confirm this acceptance online without any delay. Until such confirmation from the trader is received, the consumer may dissolve the contract.
3. When entering into the contract online, the trader must arrange suitable technical and organisational measures to secure the electronic transfer of data and ensures a safe online environment. If the consumer is enabled to pay electronically, the trader must take all relevant security measures required.
4. The trader may – within the limits of the law – check to see if the consumer is capable of paying their dues, and research all facts relevant to any responsible conclusion of the online contract. If the trader, in light of any research, feels in their right not to enter into the contract, they (after stating reasons) have a legal right to refuse an order, or to add special conditions to the contract.
5. The trader shall include for the consumer, the following information with the product or service, in writing or otherwise so the consumer can access and store it in a sustainable manner:

• a. the trader’s company’s house address where the consumer can send any complaint;
• b. the conditions under which and the manner in which the consumer an make use of the Right of Withdrawal, or indeed at least clearly report why they will not use it;
• c. all information on warranties and existing services following acquisition;
• d. all data recorded in Article 4(3) of these T&Cs, unless the trader has already given these details to the consumer, before the execution of the contract.
• e. all that is required for dissolution of the contract, where the contract is for a period of more than one year or is indefinite.

1. Where this is a Continuing Performance Contract, the condition referred to in e. applies to first delivery only.

Article 6 – Right of Withdrawal

1. When buying products, the consumer has the possibility of dissolving the contract within seven days, no questions asked. This Cooling-off Period begins on the day following the consumer’s (or their representative, appointed and previously agreed with the trader) receipt of the product/product.
2. The consumer must take good care of the product and all packaging during this Cooling-off Period. The product must only be unpacked and utilised as little as necessary in order to asses whether they wish to retain it. When wishing to utilise the Right of Withdrawal, the product, with all accessories as delivered – when reasonably possible – shall be returned in the original packaging, as received, as per the clear and reasonable instructions given by the trader.

Article 7 – Charges in case of withdrawal

1. When the consumer uses the Right of Withdrawal, only the postal charges will be made to their account.
2. When the consumer has paid already, the trader shall refund this amount a.s.a.p., but within 30 days after return/cancellation at the latest.

Article 8 – Withdrawal exclusion

1. The trader may only exclude the consumer from the Right of Withdrawal as mentioned in paragraphs 2 and 3. Exclusion from the Right of Withdrawal only applies when this has clearly been stated by the trader in the proposal, or at last in a timely manner, before entering into the contract.
2. Withdrawal may only be excluded for products:

• a. that were made by the trader according to the consumer’s specification;
• b. that are clearly of a personal nature;
• c. that, by their nature, cannot be returned;
• d. that can quickly rot or age;
• e. that are subject to price swings on the financial market, on which the trader has no control;
• f. are for individual newspapers and magazines;
• g. are for audio or video recordings and computer software of which the consumer has broken the seal.

1. Withdrawal may only be excluded for services:

• a. regarding accommodation, running a restaurant or leisure activity on a particular date or over a particular period;
• b. in respect of which delivery has started only with emphatic agreement from the consumer before the end of the Cooling-off Period;
• c. regarding bets and lotteries.

Article 9 – The price

1. During the validity period mentioned in the proposal, prices of product/services shown will not be raised, other than those price changes that can occur due to changes in VAT rates.
2. As opposed to the previous paragraph, the trader may offer variable prices for those products or services that are subject to changes on the financial market on which the trader has no influence. This being subject to price changes, coupled with the fact that any applicable prices are recommended prices, must be stated in the proposal.
3. Price raises within three months of the conclusion of the contract are only permissible when due to legally applied rules and regulations.
4. Price raises after three months of the conclusion of the contract are only permissible if the trader has stipulated this and:
   a. are the result of statutory laws and regulations; or
   b. the consumer is authorised to dissolve the contract from the day on which the price rise is set to begin.
5. All products and/or services mentioned in proposals include VAT.

Article 10 – Compliance and Warranty

1. Trader warrants that the products and/or services satisfy: the conditions of the contract, the specifications listed in the proposal, the reasonable demands for clarity and/or utility, and the applicable statutory provisions and conditions and/or government regulations as at the date of the contract. Where relevant and where agreed, the trader also warrants that the product is suitable for use including other than normal.
2. No warranty issued by the trader, manufacturer or importer can change the customer’s statutory rights and/or claims regarding the contract they have with the trader.

Article 11 – Supply and implementation

1. The trader shall do everything within its power to ensure the greatest possible care is taken in services rendered and in its judgement of requests for services.
2. The consumer’s address as rendered to the company is noted as delivery address.
3. Subject to the provisions of Article 4 of these T&Cs, the company shall process accepted orders with due speed, but within 30 days at the latest, unless a longer delivery time has been agreed. If delivery is delayed, or when an order cannot or can only partly be delivered, the consumer will receive notice of this no later than within 30 days of the order being placed. In that case, the consumer has the right to dissolve the contract, at no extra cost, and is entitled to any compensation.
4. When the contract has been dissolved as per the previous paragraph, the trader must return all monies paid by the consumer a.s.a.p. but within no more than 30 days of the dissolution.
5. When a particular product proves undeliverable, the trader shall do its utmost to provide a replacement product. Mention of any replacement product must be clearly and legibly mentioned, on delivery at the very latest. A replacement product may not be excluded from any Right of Withdrawal. Cost of any returned (replaced) product are then charged to the trader.
6. Risk of damaged and/or missing products rests with the trader until actually delivered to the consumer or to a previously indicated representative known to the trader, unless specifically otherwise agreed.

Article 12 – Continuing Performance Contracts: duration, notice and extension

Notice

1. Consumers who agreed an indefinite contract that covers regular delivery of products (including electricity) or services, can give notice at any time, as long as they comply with the rules for notice previously agreed and with notice of no more than one calendar month.
2. Consumers with definite contracts for regular delivery of products (including electricity) or services, can give notice at any time round the end of the contract as defined, as long as they comply with the rules for notice previously agreed and with notice of no more than one calendar month.
3. Consumers (with reference to the two previous paragraphs) may:

• give notice at any time and not be restricted to giving notice at a given time, or in a given period;
• give notice at least similar to how they entered into the contract;
• give notice with the same terms of notice as the trader itself stipulates.

Extension

1. Consumers who agreed a definite contract that covers regular delivery of products (including electricity) or services, may not be tacitly extended or renewed as another definite contract.
2. Contrary to the previous paragraph, a definite contract for regular delivery of newspapers and magazines may indeed be tacitly extended for a maximum three months as long as the consumer may give notice of no more than one month by the end of this extension.
3. A definite contract for products or services may only be tacitly extended for an indefinite period as long as the consumer may give notice of no longer than one month (three months if for regular, but less that once a month) delivery of newspapers and magazines).
4. A limited duration contract for regular delivery of newspapers and magazines (trial subscription) may not be tacitly extended and must automatically end when the trial subscription ends.

Length of Contract

1. By contracts lasting longer than one year, the consumer may, one year after entering into the contract, give notice of no more than one calendar month, unless reasonableness and propriety dictates otherwise (not to be ended before an agreed date).

Article 13 – Payment

1. Unless otherwise agreed, all amounts due from the consumer must be paid immediately on entering into the contract. For service contracts, the payment terms begin on the consumer’s receipt of confirmation of the contract.
2. Where products are sold to consumers, no pre-payment of more than 50% may ever be stipulated in the General T&Cs. Where prepayment is stipulated, the consumer has no rights whatsoever concerning the execution of this order or these services until the stipulated prepayment has been made.
3. The consumer must immediately report irregularities or errors in payment details to the trader.
4. If the consumer is in default, the trader retains the right, barring legal restrictions, to charge previously indicated costs to the consumer.

Article 14 – Complaints procedure

1. Trader is in possession of a sufficiently known complaints procedure and treats any complaint in accordance with same.
2. Complaints about the execution of the contract must be made within a reasonable period, clearly and completely as described, in writing, as soon as the consumer notes any shortcomings.
3. Complaints received by the trader must be responded to within 14 days of receipt. If a complaint requires a longer time to be processed, the trader must respond with 14 days as proof of receipt, but with an indication in writing of when the consumer may expect a more complete response.
4. When a complaint cannot be resolved through discussion, this then becomes a ‘dispute’ that is subject to the dispute procedure.

Article 15 – Disputes

1. Contracts between trader and consumer to which these General T&Cs relate are exclusively governed by Dutch law.

Article 16 – Additional or deviating conditions

Any and all additional or deviating conditions from these General T&Cs must not be to the detriment of the consumer and should be recorded in writing in such a way that the consumer can access and store them in a permanent file and/or sustainable data information carrier.