TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS - V3
Charlotte Vogel Jewelry 01-03-2014
TERMS AND CONDITIONS OF CHARLOTTE BIRD JEWELRY
1. DEFINITIONS
In these General Terms and Conditions "Charlotte Vogel Juwelen" is understood to mean the company operated under the trade name "Charlotte Vogel Juwelen" and registered in the trade register of the Utrecht Chamber of Commerce under number 59991437.
The term `customer` means any person who enters into an agreement with Charlotte Vogel Jewelry via the "Charlotte Vogel Jewelry" website or in the physical store (see 3.2).
The term `order confirmation' means the order confirmation as defined in Article 3.2 of these Conditions.
`Article` means the article or articles which, by the conclusion of an agreement between Charlotte Vogel Jewelry and the customer, are to be delivered by or through www.charlottebogeljuwelen.nl within an agreed period and for which a certain price is to be paid.
`Conditions` means these general terms and conditions. These conditions can be retrieved from the website: CharlotteVogelJuwelen.nl. Administrator of this website is: C.R.B. Vogel. The structure of the website: www.charlottevogeljuwelen.nl ensures that deposited terms and conditions can never be removed, only new versions can be added.
2. APPLICABILITY
2.1 All offers, orders and agreements concluded through the Charlotte Vogel Juwelen websites to which Charlotte Vogel Juwelen is a party are subject to these Terms and Conditions to the exclusion of any other general terms and conditions. By entering into an agreement between the customer and Charlotte Vogel Juwelen through the procedure described in article 3 of these Terms and Conditions, the customer accepts these Terms and Conditions.
2.2 Departures from the provisions of these Terms and Conditions may be made only with the written approval of Charlotte Vogel Jewelry, in which case the remaining provisions of these Terms and Conditions shall remain in full force and effect.
2.3 All rights and claims, as stipulated in these Conditions, and in any further agreements for the benefit of Charlotte Vogel Juwelen, are also stipulated for the benefit of intermediaries and other third parties engaged by Charlotte Vogel Juwelen.
2.4 Charlotte Vogel Jewelry has the right to change these Terms and Conditions and the content of its website.
3. OFFERS/AGREEMENTS
3.1 All offers made on the Charlotte Vogel Jewelry website are non-binding until an order confirmation is received. If Charlotte Vogel Jewellery has to increase the purchase price of the article as a result of a legal regulation or a court ruling, the customer will be informed immediately in writing (by letter or e-mail). In this case, the customer has the right to dissolve the agreement by notifying Charlotte Vogel Juwelen in writing (via letter or e-mail).
3.2 The agreement between Charlotte Vogel Jewelry and the customer is established at the moment after the latter:
* (a) through a checkbox on the website has agreed to the General Terms and Conditions;
* (b) has placed an order on the Charlotte Vogel Jewelry website through the complete and correct completion of the order form on the website;
* (c) has received a confirmation from Charlotte Vogel Juwelen at his or her e-mail address that Charlotte Vogel Juwelen has received the order (the `order confirmation`). If Charlotte Vogel Juwelen cannot reasonably be expected to fulfill the agreement, the order confirmation will not be sent. In this case, the agreement will therefore not be concluded;
* (d) placed an order in Charlotte Vogel Jewelry's store and received a handwritten statement thereof with date and contact information for Charlotte Vogel Jewelry.
3.3 The order confirmation shall include at least the following information:
* (a) a description of the item purchased by the customer and the number of those items purchased;
* (b) the price of the item;
* (c) the name; the address to which the item(s) will be sent (not a P.O. Box), and the billing address (if other than home address and/or delivery address; also not a P.O. Box);
* (d) the e-mail address and telephone number of Charlotte Vogel Jewelry to which the customer may direct questions about his or her order.
3.4 The records of Charlotte Vogel Juwelen will, subject to proof to the contrary, serve as proof of orders placed and payments made by the customer to Charlotte Vogel Juwelen and of deliveries made by Charlotte Vogel Juwelen. Charlotte Vogel Juwelen acknowledges that electronic communication can serve as evidence. By accepting the Terms and Conditions, the customer also acknowledges this.
4. PAYMENTS
4.1 Orders may be paid according to the methods offered by Charlotte Vogel Jewelry. Charlotte Vogel Jewelry reserves the right to change these methods, however, not in the middle of a delivery procedure.
4.2 If payment by bank transfer is chosen, Charlotte Vogel Jewelry reserves the right to unilaterally cancel the order if payment has not been received after seven working days. The item(s) ordered will then be made available again through the site(s).
4.3 No items will be delivered cash on delivery.
5. TRANSPORT AND TRANSPORTATION COSTS
5.1 All prices for the goods offered are in Euros and include sales tax (VAT) and other levies imposed by the government.
5. Charlotte Vogel Jewelry charges shipping costs. For deliveries by mail, €9.95 will be charged. Charlotte Vogel Jewels reserves the right to change the conditions regarding shipping costs, however never with a current order.
5.3 The risk during transport of the article ordered by the customer is for Charlotte Vogel Jewellery. At the time of delivery of the article, the risk of the article passes to the customer, except for liabilities that cannot be legally excluded by Charlotte Vogel Jewels.
6. DELIVERY TIME
6.1 The delivery time of the article is a maximum of 30 working days after receipt of payment, or so much shorter as stipulated in the agreement between the customer and Charlotte Vogel Juwelen. The delivery times specified by Charlotte Vogel Juwelen will not be regarded as deadlines, unless expressly agreed otherwise.
6.2 If, for any reason, the agreed delivery period is exceeded by Charlotte Vogel Juwelen, Charlotte Vogel Juwelen will notify the customer (by telephone, letter or e-mail). In that case, the customer has the authority to dissolve the agreement, by notifying Charlotte Vogel Juwelen in writing (via letter or e-mail).
6.3 Payments made by the customer in connection with the performance of the agreement that is then rescinded by the customer pursuant to Article 5.2 of these Terms and Conditions, Charlotte Vogel Jewelry will refund to the customer within 10 business days of receiving the statement referred to in Article 5.2.
7. RETURNS POLICY
7.1 Nadat de klant het door hem of haar in de webshop bestelde artikel heeft ontvangen, heeft hij of zij de bevoegdheid om binnen 14 werkdagen na de ontvangst van dit artikel, de onderliggende overeenkomst met Charlotte Vogel Juwelen te ontbinden. Hij of zij hoeft hiervoor geen reden op te geven. Voor producten die in opdracht voor de klant zijn gemaakt, volgens het vooraf overeengekomen ontwerp, geldt dit niet. Mocht het geval zich voordoen dat klant niet tevreden is met het sieraad kan in overleg voor hetzelfde bedrag als de oorspronkelijke opdracht een nieuw sieraad worden uitgekozen of het vervaardigde juweel wordt aangepast op aanwijzing van de klant. Dit recht geldt niet voor aankopen in de fysieke winkel. Bevalt een sieraad niet, dan kan voor het aankoopbedrag een ander sieraad worden uitgezocht of worden laten maken.
7.2 If the customer wishes to dissolve the agreement pursuant to Article 7.1 of these conditions, he or she must notify Charlotte Vogel Juwelen in writing (via e-mail or letter). He or she must then immediately return the product to Charlotte Vogel Juwelen. The customer shall bear the cost and risk of the return shipment. If the customer returns an item in a manner not in accordance with the procedure specified by Charlotte Vogel Juwelen, he or she forfeits all rights to credit if the item is not returned or is damaged.
7.3 The payments made by the customer at the time he or she revoked the agreement with Charlotte Vogel Jewelry pursuant to Articles 7.1 and 7.2 of these terms and conditions, Charlotte Vogel Jewelry will issue a credit to him or her within 14 days after Charlotte Vogel Jewelry has received the item returned by the customer.
7.4 Charlotte Vogel Jewelry reserves the right to refuse returned items or to issue a credit for only a portion of the amount already paid if it is suspected that the item has already been opened, used or damaged through the fault of the customer (other than Charlotte Vogel Jewelry or the supplier of the product).
7.5 If an item is returned that, in the opinion of Charlotte Vogel Juwelen, has suffered damage that is attributable to an act or omission by the customer or is otherwise at the customer's risk, Charlotte Vogel Juwelen will notify the customer in writing (via letter or email). Charlotte Vogel Juwelen is entitled to deduct the decrease in value of the item as a result of this damage from the amount of the credit.
8. NOT GOOD, MONEY BACK
8.1 If within 30 days after the customer receives the item, the item is found to be defective, the customer has the option to request Charlotte Vogel Jewelry in writing (via letter or e-mail) or verbally to repair, replace or deliver the missing or defective part of the item.
8.2 If the customer requests Charlotte Vogel Jewelry to repair, replace or deliver the missing or defective part of the item, he or she must return the item to Charlotte Vogel Jewelry. Charlotte Vogel Jewelry will assess whether the item is repairable within 5 days of the return receipt and notify the customer in writing. If so, Charlotte Vogel Jewelry will repair and return it to the customer within 20 business days of receipt. The costs of the return shipment, the replacement and/or repair of the article, and the return of the article to the customer, will be borne by Charlotte Vogel Juwelen, unless it is plausible that the absence of (part of) the article or the defect in the article is due to the customer or is otherwise for the customer's account and risk. In that case, Charlotte Vogel Juwelen is not obliged to repair the defect in the article or to add the missing part to the article. Charlotte Vogel Jewelry will then return the article in the same condition in which it received the product from the customer. If the article is not repairable, and the reason for this is in no way culpable to the customer, he or she may choose whether to receive it back or to have his or her money refunded. At that point, article 6.3 comes into effect
8.3 If the customer dissolves the agreement based on article 7.1, he or she must immediately return the article to Charlotte Vogel Juwelen, in the manner indicated by Charlotte Vogel Juwelen. The costs of return shipment shall be borne by customer. The purchase price of the item will be refunded to the customer's account within 10 business days.
9. WARRANTIES
9.1 The products supplied by Charlotte Vogel Juwelen are guaranteed as described in the supplied guarantee card.
10. COMPLAINTS
10.1 All complaints related to delivery, quality, quality of the item or any other complaint, will be treated seriously by Charlotte Vogel Jewelry.
10.2 The customer should make a complaint known to Charlotte Vogel Jewelry (details are listed in Article 12 of these Terms and Conditions).
10.3 Charlotte Vogel Jewellery will attempt to resolve the complaint within 10 days. Charlotte Vogel Jewelry will notify the customer in writing (via letter or e-mail).
11. PRIVACY
11.1 The personal data registered by Charlotte Vogel Juwelen will be used exclusively to fulfill the concluded agreement. Only with prior consent, Charlotte Vogel Juwelen can also use these data to make personally targeted offers to the customer.
11.2 The personal data that are processed are all data that the customer enters in the order form when he or she orders or has ordered an item.
11.3 Charlotte Vogel Jewelry will not provide personal data of customers to third parties.
11.4 The customer can access his or her personal data at any time by sending a written request to Charlotte Vogel Juwelen. Charlotte Vogel Juwelen will then provide him or her with an overview of the personal data held by Charlotte Vogel Juwelen within 4 weeks. If the customer believes that his or her personal data should be corrected, supplemented, removed or blocked because they are factually inaccurate, incomplete or relevant for the above purpose or are processed in violation of a statutory provision, he or she must notify Charlotte Vogel Juwelen in writing (via letter or e-mail), stating that the personal data should be corrected, supplemented, removed or blocked. If the customer wishes his or her personal data to be improved and/or supplemented, he or she shall also indicate in the message the improvements/additions to that personal data. In all cases, Charlotte Vogel Jewelry will immediately follow the instructions, unless it is unable to do so. In that case, Charlotte Vogel Juwelen will remove the personal data from the file.
12. CUSTOMER SERVICE FROM CHARLOTTE BIRD JEWELRY
All correspondence based on these Terms should be made to: Charlotte Vogel Jewelry, Laanstraat 89a, 3743BC Baarn, phone 06-51203400, e-mail: info@charlottevogeljuwelen.nl.
13. APPLICABLE LAW, MEDIATION AND DISPUTES.
13.1 All agreements concluded with Charlotte Vogel Juwelen are governed by Dutch law.
13.2 If a dispute arises between the customer and Charlotte Vogel Jewelry as a result of an agreement entered into between the customer and Charlotte Vogel Jewelry, the customer may request the Consumers' Association to mediate, unless the nature of this dispute does not justify such mediation.
13.3 If a dispute cannot be settled amicably on the basis of article 12 or otherwise, the court in Amersfoort will have jurisdiction to take cognizance of this dispute, unless the customer notifies Charlotte Vogel Juwelen in writing (by letter or e-mail) within 4 weeks after the dispute arose that they object to this. In that case, the rules of the Code of Civil Procedure will apply.
