General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Ancillary agreement: an agreement whereby the costumer acquires products, digital content, or services in connection with a distance contract, and these items are delivered by the trader or by a third party subject to an agreement between that third party and the trader.

Withdrawal period: the period within which the costumer can exercise his right of withdrawal.

Costumer: the natural person who is not acting for purposes related to his trade, business, craft, or profession;

Day: calendar day

Continuous contract: a contract which extends to the regular supply of goods, services, and/or digital content for a defined period of time;

Durable data carrier: any tool – including e-mail – that enables the costumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;

Right of withdrawal: the costumer’s option to waive the distance contract within the cooling-off period

Entrepreneur: the natural or legal person offering products, (access to) digital content, and/or services to costumers at a distance

Distance contract: a contract concluded between the entrepreneur and the costumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby, up to and including the conclusion of the contract, sole or joint use is made of one or more techniques for distance communication

Technique for distance communication: means that can be used for concluding an agreement, without the costumer and entrepreneur having to be together in the same room at the same time.

 

Article 2 – Identity of the entrepreneur

Business address:

Juwelia
Radonweg 30
3812 RL
Amersfoort
The Netherlands

Chamber of Commerce number: 74246291

IBAN: NL69 INGB 0006 8794 73

VAT number: NL861765515B01

Email: customerservice@juwelia.uk

 

Article 3 – Applicability

3.1 These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the costumer.

3.2 Before the distance contract is concluded, the text of these general terms and conditions will be made available to the costumer. If this is not reasonably possible, before the distance contract is concluded, the entrepreneur will indicate how the general terms and conditions can be inspected at the entrepreneur’s place of business, and that they will be sent free of charge to the costumer as soon as possible upon request.

3.3 If the distance contract is concluded electronically, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions can be made available to the costumer electronically in such a way that it can be stored by the costumer in a simple manner 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 inspected electronically and that they will be sent electronically or otherwise free of charge at the costumer’s request.

3.4 In the event that specific product or service conditions also apply, in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and the costumer may always rely on the applicable provision that is most favorable to him.

 

Article 4 – The offer

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

4.2 The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the costumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content on offer. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

4.3 Each offer contains such information that it is clear to the costumer what rights and obligations are attached to the acceptance of the offer.

 

Article 5 – The Agreement

5.1 Subject to the provisions in paragraph 4, the agreement is concluded at the moment the costumer accepts the offer and fulfils the conditions thereby stipulated.

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

5.3 If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure online environment. If the costumer can pay electronically, the entrepreneur will observe appropriate security measures.

5.4 The entrepreneur may – within legal frameworks – inform himself whether the costumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.

5.5 The entrepreneur will, at the latest on delivery of the product, service or digital content, send the costumer the following information, in writing or in such a way that it can be stored by the costumer in an accessible way on a durable data carrier:

• the e-mail address of the entrepreneur to which the costumer can address complaints;
• the conditions on which and the way in which the costumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• the information on guarantees and existing after-sales services;
• the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
• the requirements for cancelling the contract if the contract has a duration of more than one year or is of indefinite duration;

 

Article 6 – Right of withdrawal

6.1 The costumer can dissolve an agreement regarding the purchase of a product during a 14-day cooling-off period without giving reasons. The entrepreneur may ask the costumer about the reason for withdrawal, but may not oblige the costumer to give his/her reason(s). If the costumer exercises his/her right of withdrawal, the product will be returned to the entrepreneur with all delivered accessories and – if reasonably possible – in its original condition and packaging.

Should the product be damaged or the packaging more damaged than necessary to sell the product, we may pass on this depreciation of the product to the costumer. The costumer should therefore treat the product with care and ensure that it is properly packed when returning it.

6.2 The reflection period referred to in paragraph 1 starts on the day after the costumer, or a third party designated in advance by the costumer, who is not the carrier, has received the product, or:

• if the costumer ordered several products in the same order: the day on which the costumer, or a third party designated by the costumer, received the last product. The trader may, provided he has clearly informed the costumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
• if the delivery of a product consists of several shipments or parts: the day on which the costumer, or a third party indicated by him, has received the last shipment or part;

in case of agreements for regular delivery of products during a certain period: the day on which the costumer, or a third party designated by him, has received the first product.

 

Article 7 – Obligations of the costumer during the reflection period

7.1 During the reflection period, the costumer will handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics and operation of the product. The basic principle here is that the costumer may only handle and inspect the product as he would be allowed to do in a shop.

7.2 The costumer is only liable for depreciation of the product resulting from a way of handling the product that goes beyond what is allowed in paragraph

Article 8 – Exercise of the right of withdrawal by the costumer and its costs

8.1 If the costumer makes use of his right of withdrawal, he will notify the trader within the withdrawal period by sending an email to Juwelia in which he mentions at least:

• the reason for exercising the right of withdrawal; or
• the order number of the order to which the revocation applies

The products and/or services for which he wishes to use his right of revocation.

8.2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the costumer returns the product, or hands it over to (an authorised representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product himself. The costumer has observed the return period in any case if he returns the product before the cooling-off period has expired.

8.3 The costumer returns the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

8.4 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the costumer.

8.5. The costumer does not bear the direct costs of returning the product. for return shipment.

8.6 If the costumer withdraws after having first expressly requested that the performance of the service not made ready for sale in a limited volume or certain quantity commences during the withdrawal period, the costumer shall owe the entrepreneur an amount proportionate to that part of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfilment of the commitment.

8.7. If the costumer makes use of his right of withdrawal, all additional contracts shall be dissolved by operation of law.

 

Article 9 – Obligations of entrepreneur in case of right of withdrawal

9.1 If the entrepreneur enables the costumer’s notification of withdrawal by electronic means, he shall send a confirmation of receipt of this notification without delay upon receipt.

9.2 The entrepreneur reimburses all payments of the costumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the costumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait with repayment until he has received the product or until the costumer proves that he has returned the product, whichever is earlier.

9.3 The entrepreneur shall use the same means of payment used by the costumer for repayment, unless the costumer agrees to another method. The refund is free of charge for the costumer.

9.4 If the costumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

 

Article 10 – Exclusion of the right of withdrawal

10.1 The trader can exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this when making the offer, or at least in good time before concluding the contract:

• products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;

 

Article 11 – The Price

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

11.2 Notwithstanding the previous clause, the entrepreneur may offer products or services with prices tied to fluctuations in the financial market and over which the entrepreneur has no control. Such dependence on fluctuations and the fact that any prices mentioned are indicative prices shall be stated in the offer.

11.3 Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.

11.4 Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

• they are the result of legal regulations or provisions; or
• the costumer has the authority to terminate the agreement as of the day the price increase takes effect;

11.5 The prices mentioned in the offer of products or services include VAT.

 

Article 12 – Performance of the Agreement and Additional Warranty

12.1 The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, and the reasonable requirements of soundness and/or usability, as well as the legal provisions and/or government regulations that existed on the date of the conclusion of the agreement.

12.2 The entrepreneur does not guarantee that the product is suitable for uses other than normal use.

12.3 Any additional warranty provided by the entrepreneur, its supplier, manufacturer, or importer shall never limit the legal rights and claims that the costumer can assert against the entrepreneur based on the agreement, in case the entrepreneur fails to fulfill his part of the agreement.

12.4 Additional warranty means any commitment by the entrepreneur, its supplier, importer, or manufacturer to grant certain rights or claims to the costumer that go beyond what is legally required, in case they fail to fulfill their part of the agreement.

 

Article 13 – Delivery and Performance

13.1 The entrepreneur will exercise the utmost care when receiving orders for products and when assessing applications for the provision of services.

13.2 The place of delivery shall be the address that the costumer has provided to the entrepreneur.

13.3 Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur will fulfill accepted orders with due speed, but no later than within 30 days, unless a different delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the costumer will be notified of this no later than 30 days after placing the order. In such cases, the costumer shall have the right to dissolve the agreement without any costs and be entitled to any compensation for damages.

13.4 After dissolution in accordance with the previous clause, the entrepreneur will refund the amount that the costumer has paid without delay.

13.5 The risk of damage and/or loss of products lies with the entrepreneur until the moment of delivery to the costumer or a pre-designated and announced representative of the entrepreneur, unless expressly agreed otherwise.

 

Article 14 – Payment

14.1 Unless otherwise provided for in the agreement or additional terms and conditions, the amounts owed by the costumer must be paid within 14 days after the start of the reflection period, or, in the absence of a reflection period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the costumer receives the confirmation of the agreement.

14.2 When selling products to costumers, general terms and conditions may never oblige the costumer to pay more than 50% in advance. Where advance payment has been stipulated, the costumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.

14.3 The costumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.

14.4 If the costumer does not timely meet his payment obligation(s), he is, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the costumer a period of 14 days to still meet his payment obligations, after the non-payment within this 14-day period, on the amount due the legal interest and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000, with a minimum of € 40. The proprietor may deviate from said amounts and percentages for the benefit of the costumer.

 

Article 15 – Complaints procedure

15.1 The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.

15.2 Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time after the costumer has discovered the defects, fully and clearly described.

15.3 Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the costumer can expect a more detailed answer.

15.4 For complaints, a costumer should first turn to the entrepreneur. Juwelia is a member of Stichting WebwinkelKeur and if a complaint cannot be resolved by mutual agreement, you can contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Should a solution still not be found, you can turn to the independent dispute committee appointed by the WebwinkelKeur Foundation. The decision is binding and both the trader and the costumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute committee, which have to be paid by the costumer to the committee in question. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).

 

Article 16 – Retention of title

16.1 The ownership of the delivered products is only transferred to the costumer after he has paid the total amount due to the entrepreneur. The risk of the products passes to the costumer at the time of delivery.

 

Article 17 – Additional provisions

17.1 On agreements between the entrepreneur and the costumer to which these general conditions relate, only Dutch law applies.

17.2 Entrepreneur is entitled to amend these general terms and conditions. Amendments to these terms and conditions shall only take effect after they have been published, on the understanding that, in the event of applicable amendments during the term of an offer, the provision most favourable to the costumer shall prevail.