General Terms and Conditions

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CONTENTS

·        Article 1 – Definitions

·        Article 2 – The Entrepreneur’s identity

·        Article 3 – Applicability

·        Article 4 – The Offer

·        Article 5 – The Agreement

·        Article 6 – Right of withdrawal

·        Article 7 – Customer’s obligations during the reflection period

·        Article 8 – Exercising the Customer’s right of withdrawal and the costs

·        Article 9 – Entrepreneur’s obligation in case of withdrawal

·        Article 10 – Guarantee

·        Article 11 – Delivery and execution

·        Article 12 – Payment

·        Article 13 – Complaints procedure

·        Article 14 – Disputes

·        Article 15 – Additional or Different Provisions

·        Article 16 – Modifications

 

ARTICLE 1 - DEFINITIONS

In these Terms and Conditions, the following terms shall have the following meanings:

1.      Reflection period: the period during which the Customer may use his right of withdrawal;

2.      Customer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;

3.      Day: calendar day;

4.      Right of withdrawal: the Customer’s option not to proceed with the distance agreement within the cooling-off period;

5.      Entrepreneur: the legal person identified in Article 2 who provides products, (access to) digital content and or services to Customers at a distance;

6.      Distance contract: a contract concluded by the Entrepreneur and the Customer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;

ARTICLE 2 – THE ENTREPENEUR’S IDENTITY

1.      Haya Vintage Jewellery, located in The Hague, the Netherlands and registered at the Dutch Trade Register under no. 85216771.

2.      Email: Info@haya-jewels.com

ARTICLE 3 – APPLICABILITY

1.      These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Customer.

ARTICLE 4 – THE OFFER

1.      If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.

2.      The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Customer to assess the products, or services and/or digital content adequately. Obvious errors or mistakes in the offer do not bind the Entrepreneur.

3.      All offers contain such information that it is clear to the Customer what rights and obligations are attached to accepting the offer.

ARTICLE 5 – THE AGREEMENT

1.      Subject to the provisions in paragraph 4, the contract becomes valid when the Customer has accepted the offer and fulfilled the terms and conditions set.

2.      If the Customer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Entrepeneur is not bound to the contract.

3.      The Entrepreneur may, within the limits of the law, gather information about Customer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.

ARTICLE 6 – RIGHT OF WITHDRAWAL

1.      The Customer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur may ask the Customer about the reason for the withdrawal but cannot force him to state his reason(s).

2.      The reflection period referred to in sub-clause 1 starts on the day the product is received by the Customer or by a third party appointed by him in advance and who is not the carrier, or

ARTICLE 7 – CUSTOMER’S OBLIGATIONS DURING THE TIME OF REFLECTION

1.      During this period, the Customer shall handle the product and the packaging with care. The Customer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Customer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.

2.      The Customer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.

ARTICLE 8 – EXERCISING THE CUSTOMER’S RIGHT OF WITHDRAWAL AND COSTS

1.      If the Customer exercises his right of withdrawal he shall notify the Entrepreneur unambiguously by sending an email to info@haya-jewels.com specifying the withdrawal within the period of reflection.

2.      The Customer shall return the product or deliver it to (the authorized representative of) the address communicated by the Entrepreneur as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1. The Customer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.

3.      The Customer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.

4.      The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Customer.

5.      The Customer shall bear all costs of returning the product. If the Entrepreneur pointed out by email that he will bear the costs himself, the Customer need not pay the cost of returning the product.

ARTICLE 9 – ENTREPENEUR’S OBLIGATIONS IN CASE OF WITHDRAWAL

1.      If the Entrepreneur makes the notification of withdrawal by electronic means possible, he will send a return receipt.

2.      The Entrepreneur shall reimburse all payments made by the Customer, including any delivery costs that the Customer may charge for the returned product, as soon as possible but within 14 days following the day on which the Customer notified him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he can wait with paying back until having received the product.

3.      The Entrepreneur shall make use of the same means of payment that the Customer used, unless the Customer consents to another method. The reimbursement is free of charge for the Customer.

4.      If the Customer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Entrepreneur need not reimburse the additional costs for the more expensive method.

5.      Customs duties or taxes are borne by the Customer and will not be repaid.

ARTICLE 10 – GUARANTEE

  1. The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.

ARTICLE 11 – DELIVERY AND EXECUTION

  1. The Entrepreneur shall exercise the best possible care when booking orders and executing product orders.

  2. The place of delivery is at the address given by the Customer to the Entrepreneur.

  3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Customer shall be informed about this within one month after ordering.

  4. The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Customer or a representative appointed in advance and made known to the Customer, unless explicitly agreed otherwise.

ARTICLE 12 – PAYMENT

  1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Customer must be settled within 14 days after the day that the Customer received the confirmation of the agreement.

  2. The Customer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.

  3. In case the Customer has not complied with his payment obligation(s) in time, and the Entrepreneur has pointed out to him that the payment was late and allowed the Customer a period of 14 days to comply with the payment obligations, the Customer is to pay the statutory interest on the amount payable and the Entrepreneur is entitled to charge the Customer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40.

ARTICLE 13 – COMPLAINTS PROCEDURE

  1. Complaints about the execution of the agreement must be submitted fully and clearly described to the Entrepreneur by email to info@haya-jewels.com within a reasonable time after the Customer has discovered or could have reasonably discovered the defects.

  2. 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 Customer can expect a more detailed answer.

ARTICLE 14 – DISPUTES

  1. Only Dutch law applies to agreements between the Entrepreneur and the Customer, even if the Customer lives abroad.

  2. The Vienna Sales Convention does not apply.

  3. All disputes will be finally settled before the competent court of The Hague, the Netherlands.

ARTICLE 15 – ADDITIONAL OR DIFFERENT PROVISIONS

  1. Additional provisions or provisions deviating from these terms and conditions may not be to the detriment of the Customer and must be recorded in writing.

ARTICLE 19 – MODIFICATIONS

  1. Amendments to these terms and conditions shall only take effect after they have been published in the appropriate manner, on the understanding that in the case of applicable changes during the term of an agreement, the most favorable provision for the Customer will prevail.