2. OFFERS & PRICES
- All items are offered for sale by 'Gem Kingdom shop'. In these General Terms and Conditions, ‘Gem Kingdom shop’ shall mean: Dirk Tholenaar trading as Gem Kingdom shop, P.O. Box 82363, 2508 EJ in The Hague, The Netherlands, Saturnusstraat 60 - unit 100, 2516 AH in The Hague, The Netherlands, e-mail firstname.lastname@example.org, website www.gemkingdomshop.nl, Haaglanden Chamber of Commerce 27311728, VAT registration number NL1435.01.550.B01 (hereafter referred to as “GKS”).
- "Customer” shall mean: “any natural person and any legal successors of that person, not acting in the capacity of an occupation or company, who wishes to enter into an agreement with GKS”;
- “Force majeure” shall mean: “any circumstances that are beyond the control of a Party and prevent the Party from fulfilling the agreement or make it extremely difficult or impossible to fulfil the agreement”.
- The items and/or services offered for sale are depicted in a clear and true manner via the Internet, catalogues, mailings and/or other media. They are described as fully as the requirements of reasonableness require, and have the characteristics stated by GKS in the offer. The offer clearly specifies the sum payable by the Customer upon purchase, and the Customer’s rights and obligations if the Customer decides to accept the offer.
- Minor variations in colour and size may occur because the jewellery is hand-made.
- All offers are valid while stocks last.
- Prices are stated in euros and are inclusive of VAT but exclusive of handling and shipping charges. Unless indicated otherwise, or in the case of export to countries outside the European Union, the prices stated include all other taxes.
- In the event that the items purchased are to be exported and the Customer is of the opinion that he is entitled to a refund of VAT or local import or export duties, the Customer is responsible for taking the necessary action.
- GKS guarantees that the stated prices will not be raised during the term of the offer, except in the event of interim tax increases, statutory measures, changes in VAT rates or fluctuations in market price. In the case of items for which the price depends on fluctuations in the prices on the market, for example gold and silver, and on the exchange rate for foreign currencies, the offer prices shall be based on the purchase prices applicable at the time of the offer. If price increases occur, for example as a result of increases in duties levied and/or transport costs, changes in exchange rates, etc., GKS reserves the right to charge-on the increase to the Customer on delivery. The Customer will be notified of this in advance and shall have the right to cancel the purchase.
- The prices and conditions of GKS offers do not automatically apply to follow-up orders placed after the offer period has expired.
- GKS has taken care to ensure that all numbers, specifications, and/or other indications relating to products are correct, typographical and printing errors excepted. GKS cannot be held to the terms of its offer if the Customer should have understood that the offer or part of the order contained an evident error or clerical error.
4. INSPECTION PERIOD
- The agreement between GKS and the Customer shall come into effect when the Customer’s order is received and confirmed in writing by GKS. Orders for purchases made via the web site are placed by completely and correctly filling in and submitting the order form that is specifically designed for that purpose.
- When GKS has received an order from the Customer, a written order confirmation shall be sent by e-mail by return. The order confirmation shall specify the price of the item(s) ordered and the shipping costs (total cost).
- If an order or part of an order cannot be supplied, GKS must notify the Customer no later than thirty days after conformation of the order.
- Irrespective of the method of payment specified by the Customer at the time of ordering, GKS reserves the right not to fulfil the order or to fulfil an order at a later date.
- GKS is also entitled to withhold delivery of items until the Customer has made an advance payment in a manner specified by GKS. GKS shall state the reason for this at the written request of the Customer.
5. EFFECTIVE DATE OF THE PURCHASE AGREEMENT
- During the inspection period, the Customer has the right to verify the quality and design of the item(s) supplied. This means that the Customer is entitled to check whether the item supplied corresponds to the order and to decide whether he/she wishes to accept the item(s).
- During the inspection period, the Customer has the right to return the item(s) with no obligation, on condition that the relevant conditions of GKS are met. Items that are returned must not have been worn, used or damaged in such a way that prevents the items from being offered for sale again.
- Items must be returned in their original packaging (including any enclosures and the packaging note) and in the same condition as they were when sent. Any additional conditions for returning items are published at the web site www.gemkingdomshop.nl. The cost of returning items is payable by the Customer.
- An inspection period of fourteen working days applies to all offers, unless explicitly stated otherwise. The inspection period commences on the day on which the order is delivered to the Customer. If an item has been used or damaged in any way by the Customer or at the Customer’s premises, the right of return shall not apply.
- When GKS has received and inspected the returned item(s), GKS shall send confirmation to the Customer by return. GKS shall refund the purchase sum, minus the return delivery costs, within thirty days.
- GKS reserves the right to refuse returned items or to refund only part of the sum already paid if it suspects that the product has already been used or has been damaged through actions by the Customer. If GKS deems that a returned item has been damaged as a result of actions or omissions on the part of the Customer or is otherwise for the Customer’s account and risk, GKS shall inform the Customer in writing. GKS has the right to deduct the decrease in value resulting from the damage from the amount to be refunded to the Customer.
- In the case of a dispute, the Customer is responsible for proving that he exercised the right of return within the specified period. In that respect, GKS shall accept as proof a returns note or consignment note signed by the carrier, or a certificate of posting or similar document.
- If the item is not returned within the inspection period in the manner specified by GKS, the effective date of the purchase agreement shall be the date following the last day of the inspection period.
- If the inspection period is excluded in accordance with Article 3.2, the purchase agreement shall come into effect on the day following the date stated on the document sent with the order.
7. TRANSPORT & TRANSPORT RISK
- GKS shall make every effort to deliver orders as quickly as possible. Unless otherwise agreed, delivery shall in any case take no later than 30 days after the order date.
- If GKS requires additional information from the Customer in order to fulfil the agreement, the delivery period shall commence when GKS has received this information from the Customer.
- The Customer may be asked to produce proof of identity and sign for the order on delivery.
- Unless the contrary is proved, GKS shall be deemed to have fulfilled its delivery obligations when the first delivery attempt to the Customer has been made. In the case of delivery to a home address, the report by the carrier, including the refusal of the package by the recipient, shall constitute full proof of delivery unless the contrary is proven. In the event that the Customer does not accept the delivery, the Customer shall be liable to pay the storage charges and the return shipping charges, and shall be liable for damage or loss of the refused items unless delivery of the item(s) has been refused with good reason.
- If delivery is delayed - because the item is temporarily out of stock or for other reasons – or if an order or part of an order cannot be fulfilled, the Customer will be notified no later than thirty days after the order confirmation has been issued. In such cases, the Customer has the right to cancel the order or remainder thereof either orally or in writing.
- GKS shall inform the Customer if an ordered item is not in stock and GKS therefore decides to send a replacement item. The replacement item shall be deemed to meet the order requirements unless the Customer notifies GKS otherwise in writing no later than three days after the end of the inspection period.
- If GKS sends an alternative item, on each occasion the Customer shall have the right to refuse the alternative item and return it promptly at the cost of GKS.
- GKS shall have the right to suspend delivery if, after the order has been placed, general circumstances of a temporary or lasting nature occur that are beyond the control of GKS, or if circumstances occur involving persons and/or materials that GKS deploys or is committed to deploying in order to fulfil the agreement, and said circumstances render fulfilment of the agreement impossible or problematic and/or disproportionately expensive to such an extent that GKS cannot reasonably be expected to fulfil the agreement.
- The method of transport (for delivery to the Customer as well as items returned) shall be determined exclusively by GKS. The Customer pays a share of the delivery costs. If the order is delivered in parts, this amount shall be charged once only. The applicable shipping costs are stated in the GKS offers.
- GKS shall bear the risk of damage and loss of the items until the items are delivered to the Customer. When the items are received by the Customer, liability for damage and loss passes to the Customer.
- If one or more items are lost or damaged, the Customer undertakes to cooperate from the first request in investigating the matter. If the Customer does not comply with this requirement, GKS is entitled to recover the purchase price and shipping costs from the Customer.
- The date on the delivery document is the date on which the guarantee commences. GKS guarantees the reliability and/or usability of items in accordance with the specifications in the offer. GKS also guarantees that the items do not contravene statutory provisions and/or government regulations that exist on the date on which the agreement is concluded.
- The guarantee does not apply in cases of normal wear and tear, or in the event that the damage or defect is evidently the result of: improper maintenance – intent or gross negligence – improper use or use for purposes other then normal household use – heating or overheating by heat sources, exposure of items to dampness/moisture or extreme heat, cold or aridity – repairs carried out by the Customer or by third parties, or in the event that the Customer does not give GKS sufficient opportunity to resolve the complaint – damage from external causes (fire, lightning, flood, natural disasters, etc.) – failure to follow instructions for use or follow them correctly, or if the Customer fails to fulfil his obligations. Insofar as the guarantee certificate of the manufacturer, producer or importer contains further exclusions, GKS shall take over those exclusions.
- No guarantee is given against discolourations or deviations of minor importance that cannot be technically prevented and are generally accepted in practice.
- In the case of visible defects, the Customer should return the item (at the cost of GKS) within the inspection period, stating the nature of the defect.
- In the case of hidden defects, or of visible defects after the inspection period, each complaint must be submitted no later than two months after the Customer has discovered the defect. The complaint must be made in writing, stating the nature of the grievance and/or defects discovered. If the Customer does not submit a written request for repair or replacement, GKS shall decide whether the item will be repaired or replaced. Items sent to GKS on the Customer’s own imitative are for the cost of the Customer. In such cases, GKS cannot be held liable for damage occurring in transit.
- GKS cannot he held liable for damage/losses incurred by the Customer or a third party as a consequence of using an item supplied by GKS, unless the Customer can demonstrate that the damage/losses are the result of gross negligence or an intentional act on the part of GKS.
- Compensation shall not be paid in the event of direct or indirect costs or damage/loss at the premises of a Customer or third party, unless the Customer can demonstrate that the costs or damage/losses are the result of gross negligence or an intentional act on the part of GKS.
- If compensation for damage/losses must be paid on the grounds of the previous Articles, this payment shall not exceed the purchase price of the item in question.
- Payment for items supplied shall be made by a method specified by GKS, and in any case no later than 14 days after receipt, if no other payment method has been agreed. GKS offers no facilities for spreading payments or making payments in instalments.
- GKS shall charge interest to the amount of one percent per month or part thereof on each amount that remains unpaid after a demand for payment has been issued.
- If the Customer fails to fulfil his payment obligations after notice of default has been given, extrajudicial costs equal to 15% of the outstanding balance, plus an administration charge of € 25 shall be added to the balance owed by the Customer. Interest shall be charged at the rate specified above from the date on which the demand for payment is issued until the date on which the outstanding amount is settled in full. In addition, GKS is entitled to charge refurbishment expenses for each letter it sends. The Customer shall be liable to pay all extrajudicial and judicial costs relating to the collection of the outstanding amount.
- If an order is delivered in parts, the Customer must pay for each part-delivery in cash. The Customer is not permitted to postpone payment until the full order has been delivered. Defects do not suspend the Customer’s obligation to pay unless GKS agrees to this in writing.
- In the event that the agreement does not come into effect, payments made in advance for items that are returned within the inspection period shall be refunded. The sum(s) will be reimbursed no later than thirty days after the Customer has specified the method of reimbursement in writing.
11. RETENTION OF TITLE.
- All amounts stated by GKS shall be deemed correct, unless the Customer has informed GKS in writing of alleged inaccuracies no later than two months after receiving the invoice or account statement.
- The Customer must inform GKS of any relocation or change in address details. If the Customer fails to do so, or fails to do so on time, be shall remain liable towards GKS for all items intended for the Customer that are delivered to the old address. The Customer hereby authorises GKS to request his details from the municipal population registry if necessary.
12. PRIVACY & & PERSONAL DATA REGISTRATION
- Items supplied by GKS shall remain the property of GKS until the Customer has fulfilled all obligations in respect of GKS.
- The Customer is not authorised to pledge or encumber in any other way goods that are subject to retention of title and hereby unconditionally and irrevocably authorises GKS or a third party appointed by GKS to enter any premises where its property is kept and to repossess that property in all cases in which GKS wishes to exercise its proprietary rights.
- If third parties wish to seize goods that are subject to retention of title or wish to establish or enforce rights with respect to those goods, the Customer must inform GKS without delay.
- The Customer undertakes to insure, and keep insured, items subject to retention of title against damage from fire, explosion and water, and against theft, and to produce the relevant insurance policy for inspection at the first request of GKS.
13. CUSTOMER SERVICE & COMPLAINTS
- Data are processed in the GKS customer database as a result of visits to the web site(s) set up by GKS, the placing of an order, or a request for inclusion on the mailing list. Responsibility for processing this information rests with GKS.
- All information provided by the Customer to GKS for this purpose shall be stored by GKS and used within its own systems for internal and automated processing for the purpose of ensuring proper customer relations and business processes for sales, such as order processing and customer management, and for sending out its own commercial offers. This data processing has been notified to the Dutch Data Protection Authority (CBP, College Bescherming Persoonsgegevens) in The Hague.
- GKS shall not – without statutory reasons or for purposes other than processing – disclose to third parties information that could compromise the privacy of the Customer.
- Upon the written request of the Customer, GKS shall allow the Customer to inspect his/her personal data held by GKS. The related costs are payable by the Customer. Corrections to the information that are requested by the Customer shall be processed unless the amendments prove to be incorrect.
- If the Customer does not want to receive promotional information by post, telephone or e-mail, he/she can submit a written request not to receive such material. The Customer is also entitled to ask for his/her details to be deleted.
- The Customer must manage his personal details and passwords in a responsible way, and must take all the necessary measures to prevent third parties or unauthorised persons from making unauthorised use of them.
- GKS collects non-personal information relating to online visitors in order to ascertain the total number of visitors to the web site and the type of Internet browser and operating system used by visitors. The information is also used to optimise the web site and analyse the product portfolio.
14. FINAL PROVISIONS
- Customers who have questions and/or wish to make a complaint can contact GKS on telephone number +31 (0)6 5336 8548, from Monday to Friday between 9.00 a.m. and 6.00 p.m. CET. Complaints can also be submitted by e-mail. GKS aims to deal with and resolve all complaints within thirty days.
- If this is not possible for any reason, GKS will inform the Customer of the delay and of the estimated length of time required to resolve the complaint.
- GKS cannot be held responsible for printing errors, spelling errors, programme errors or the consequences thereof in GKS offers on the Internet or in other media.
- GKS has the right to amend these General Terms and Conditions when the period of an offer has elapsed.
- By placing an order, every Customer agrees to these General Terms and Conditions. If any part of the General Terms and Conditions is null and void or is annulled, the remaining provisions shall remain in full force and the Parties undertake to replace invalid or nonbinding provisions as soon as possible with valid provisions, the meaning of which is as close as possible to the invalid or nonbinding provisions.
- These General Terms and Conditions are governed exclusively by Dutch law.
(In the event of discrepancies or ambiguity between the original Dutch version of these General Terms and Conditions and this translation, the Dutch text shall prevail).