General Terms and Conditions
Article 1 - Definitions
1.A Additional agreement: an agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items, digital content, and/or services are supplied by the entrepreneur or by a third party based on an arrangement between that third party and the entrepreneur.
1.B Cooling-off period: the period within which the consumer can exercise their right of withdrawal.
1.C Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession.
1.D Day: calendar day.
1.E Digital content: data that is produced and supplied in digital form.
1.F Long-term contract: a contract aiming for the regular delivery of goods, services, and/or digital content over a certain period.
1.G Durable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information personally addressed to them in a manner allowing future consultation or use for a period aligned with the purpose of the information, and permits unchanged reproduction of the stored information.
1.H Right of withdrawal: the ability of the consumer to rescind the distance contract within the cooling-off period.
1.I Entrepreneur: the natural or legal person offering products, digital content, and/or services remotely to consumers.
1.J Distant contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content, and/or services, using exclusively or partly one or more techniques for remote communication until the contract is concluded.
1.K Technique for remote communication: a means that can be used for concluding a contract without the consumer and entrepreneur needing to be simultaneously in the same space.
Article 2 - Identity of the Entrepreneur
Giucy Jewellery is a trade name of Danielle Oosterbeek
Chamber of Commerce number: 34263537
VAT number: NL001982578B21
Email: info@giucyjewellery.com
Article 3 - Applicability
3.A These general terms and conditions apply to every offer made by the entrepreneur and every distance contract concluded between the entrepreneur and the consumer.
3.B Before the distant contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, the entrepreneur will indicate, before the distant contract is concluded, how the general terms and conditions can be viewed, and that they will be sent at the consumer’s request as soon as possible free of charge.
3.C If the distant contract is concluded electronically, the text of these general terms and conditions may be provided electronically to the consumer in a manner that allows them to be easily stored on a durable data carrier. If this is reasonably not possible, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon the consumer’s request.
3.D In cases where specific product or service conditions also apply alongside these general terms and conditions, the provisions in the second and third paragraphs apply accordingly. In case of conflicting conditions, the consumer can always rely on the applicable provision most favorable to them.
Article 4 - The Offer
4.A If an offer has a limited validity period or is subject to conditions, this will be explicitly mentioned in the offer.
4.B The offer includes a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they must provide a truthful representation of the offered products, services, and/or digital content. Obvious errors or mistakes in the offer do not bind the entrepreneur.
4.C Each offer contains sufficient information to make it clear to the consumer what the rights and obligations are when accepting the offer.
Article 5 - The Agreement
5.A The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
5.B If the consumer accepts the offer electronically, the entrepreneur will promptly confirm receipt of the offer acceptance electronically. Until the receipt of this acceptance has been confirmed by the entrepreneur, the consumer may dissolve the agreement.
5.C If the agreement is concluded electronically, the entrepreneur will implement appropriate technical and organizational measures to secure the electronic data transfer and ensure a safe online environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
5.D The entrepreneur may—within legal boundaries—investigate whether the consumer can fulfill their payment obligations as well as all relevant facts and factors necessary for responsibly entering into a distance agreement. If the entrepreneur has valid reasons based on this investigation not to proceed with the agreement, they are entitled to reject an order or attach special conditions to its execution.
5.E The entrepreneur will provide the following information, in writing or in another accessible manner, to the consumer upon delivery of the product, service, or digital content:
- The entrepreneur's email address for complaints
- Conditions and methods for exercising the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal
- Information about guarantees and post-purchase services
- The price, including all taxes, of the product, service, or digital content, delivery costs (if applicable), and the methods of payment, delivery, or execution of the distance agreement
- Requirements for terminating the contract if the contract is valid for more than one year or is of indefinite duration
5.F In the case of a long-term transaction, the provisions in the previous paragraph apply only to the first delivery.
Article 6 - Right of Withdrawal
6.A The consumer has the right to dissolve an agreement concerning the purchase of a product within a reflection period of 2 business days without providing a reason. The entrepreneur may ask the consumer for the reason for withdrawal but cannot compel them to provide one.
6.B The reflection period begins the day after the consumer—or a third party designated by the consumer, who is not the carrier—receives the product, or:
If the consumer orders multiple products in one order: the day the consumer or their designated third party receives the last product.
If the delivery of a product consists of multiple shipments or parts: the day the consumer or their designated third party receives the final shipment or part.
In agreements for regular delivery of products over a certain period: the day the consumer or their designated third party receives the first product.
6.C Regarding service agreements and agreements for the delivery of digital content not supplied on a tangible medium, the consumer has the right to dissolve the agreements within 2 business days without providing a reason. The entrepreneur may ask for the reason for withdrawal but cannot compel the consumer to provide one.
6.D The reflection period mentioned in paragraph 3 begins the day after the agreement is concluded.
Article 7 - Obligations of the Consumer During the Reflection Period
7.A During the reflection period, the consumer must handle the product and packaging with care. The product may only be unpacked or used to the extent necessary to determine its nature, characteristics, and functionality. The basic premise is that the consumer may only handle and inspect the product as they would in a store.
7.B The consumer is only liable for any decrease in the product’s value resulting from handling that goes beyond what is permitted under Article 1.
Article 8 - Exercising the Right of Withdrawal and Associated Costs
8.A If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the reflection period by sending an email to info@giucyjewellery.com, including at least:
- The reason for exercising their right of withdrawal;
- The order number for the relevant purchase;
- The products and/or services for which the right of withdrawal is being invoked.
8.B As soon as possible, but no later than 2 business days after the notification referred to in paragraph 1, the consumer must return the product or hand it over to the entrepreneur (or an authorized representative). This obligation does not apply if the entrepreneur has offered to collect the product. The consumer will have met the return deadline if they send the product back before the reflection period expires.
8.C The consumer must return 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.D The consumer bears the risk and burden of proof for the proper and timely exercise of the right of withdrawal.
8.E The consumer is responsible for the direct costs of returning the product unless agreed otherwise with the entrepreneur.
8.F If the consumer withdraws after expressly requesting that the provision of a service or the supply of non-prefabricated digital content commence during the reflection period, they owe the entrepreneur an amount proportional to the part of the obligation fulfilled at the time of withdrawal, compared to the total obligation.
8.G If the consumer exercises their right of withdrawal, any supplementary agreements are automatically terminated.
Article 9 - Obligations of the Entrepreneur in Case of Withdrawal
9.A If the entrepreneur facilitates notification of withdrawal electronically, they must send confirmation of receipt of the withdrawal notice promptly upon receiving it.
9.B The entrepreneur shall reimburse all payments made by the consumer, excluding any delivery costs charged for the returned product, without delay and no later than within 14 days after receiving the returned goods. Unless the entrepreneur offers to collect the product themselves, reimbursement may be withheld until the product is received back or the consumer provides proof of its return, whichever comes first.
9.C The entrepreneur must use the same payment method for reimbursement that the consumer used, unless the consumer agrees to an alternative method. The reimbursement shall be free of charge for the consumer.
Article 10 - Exclusions to the Right of Withdrawal
10.A The entrepreneur may exclude the following products and services from the right of withdrawal, but only if this is clearly stated in the offer or communicated prior to the conclusion of the agreement:
- Agreements concluded during a public auction, defined as a sales method where products, digital content, and/or services are offered by the entrepreneur to the consumer, who is personally present or has the option to be personally present at the auction, led by an auctioneer, and where the successful bidder is obligated to purchase the items;
- Service agreements, after full execution of the service, but only if:
* The execution began with the consumer's explicit prior consent, and
* The consumer acknowledged that they would lose their right of withdrawal once the entrepreneur had fully executed the agreement;
- Products manufactured according to the consumer’s specifications that are not prefabricated and are made based on an individual choice or decision by the consumer or are clearly intended for a specific person;
- Sealed products that are not suitable for return due to health protection or hygiene reasons, and whose seal is broken after delivery;
- Products that, after delivery, are inseparably mixed with other items due to their nature;
* The execution began with the consumer's explicit prior consent, and
Article 11 - Pricing
11.A 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 resulting from changes in VAT rates.
11.B Contrary to the previous clause, the entrepreneur may offer products or services with variable prices that are linked to fluctuations in the financial market and over which the entrepreneur has no control. This linkage to fluctuations and the fact that any stated prices are indicative will be mentioned in the offer.
11.C Prices on the website are leading, they may increase or decrease. The price as offered during the purchase process is valid. Obvious errors or mistakes excepted, such as a typo resulting in unreasonably low prices, do not bind the entrepreneur.
11.D The prices stated in the offer of products or services include VAT.
Article 12 - Agreement Fulfillment and Additional Warranty
12.A The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations in effect on the date the agreement was formed.
12.B The entrepreneur does not guarantee that the product is suitable for anything other than normal usage. Jewellery products are sensitive to perfumes, body lotions, water, soaps etc so these should be avoided at all times as products may wear and tear more promptly.
Article 13 - Delivery and Execution
13.A The entrepreneur will exercise the utmost care when accepting and executing product orders and evaluating service requests.
13.B The delivery location is the address the consumer provided to the entrepreneur.
13.C In compliance with Article 4 of these terms and conditions, the entrepreneur will execute accepted orders promptly and no later than 30 days, unless a different delivery period is agreed upon. If delivery is delayed or an order cannot be executed or only partially executed, it is not due to the entrepreneur's fault.
13.D The risk of damage and/or loss of products caused by delivery services lies with the consumer.
Article 14 - Duration Transactions: Termination, Renewal, and Duration
Termination:
14.A The consumer may terminate an indefinite-term agreement involving the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a maximum notice period of one month.
14.B The consumer may terminate a fixed-term agreement involving the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to agreed termination rules and a maximum notice period of one month.
14.C The consumer may terminate the agreements mentioned in the preceding clauses:
At any time without limitation to specific times or periods;
By at least the same method they were concluded;
Always with the same notice period the entrepreneur has applied for themselves.
Renewal:
14.D Fixed-term agreements involving the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
14.E Fixed-term agreements involving the regular delivery of products or services may only be tacitly extended for an indefinite term if the consumer can terminate them at any time with a maximum notice period of one month. The notice period is three months for agreements involving the regular but less frequent delivery of daily, news, and weekly publications.
Article 15 - Payment
15.A Unless otherwise specified in the agreement or supplementary terms, amounts owed by the consumer must be paid within 14 days after the cooling-off period begins, or, if no cooling-off period applies, within 14 days after concluding the agreement. In the case of a service agreement, this period starts the day after the consumer receives confirmation of the agreement.
15.B For product sales to consumers, the consumer may never be obligated to make advance payments exceeding 50%. If advance payment is required, the consumer cannot assert any rights regarding the order or service execution until the advance payment has been made.
15.C The consumer is obliged to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur.
15.D If the consumer fails to fulfill their payment obligation(s) on time, they will owe statutory interest on the outstanding amount after being notified of the overdue payment and being granted a 14-day period to comply. The entrepreneur is entitled to charge extrajudicial collection costs, which amount to a maximum of 15% for amounts up to €2,500, 10% for amounts between €2,500 and €5,000, and 5% for amounts over €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages to benefit the consumer.
Article 16 - Complaints Procedure
16.A The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
16.B Complaints regarding the agreement's execution must be submitted to the entrepreneur promptly, fully, and clearly described after the consumer identifies the defects.
16.C Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires foreseeable longer processing time, the entrepreneur will respond within 14 days with an acknowledgment and an indication of when the consumer can expect a more detailed reply.
Article 17 - Retention of Ownership
The ownership of delivered products transfers to the consumer only after they have paid the full amount owed to the entrepreneur. The risk of the products transfers to the consumer at the time of delivery.
Article 18 - Additional Provisions
18.A Agreements between the entrepreneur and the consumer related to these general terms and conditions are exclusively governed by Dutch law.
18.B The entrepreneur is entitled to amend these general terms and conditions. Changes to these terms and conditions will only take effect once published, provided that during the term of an offer, the most favorable provisions for the consumer will prevail.