Terms and Conditions

Terms & Conditions - Nyna Jewellery

Article 1 - Definitions

1.1 In these general terms and conditions the following terms shall have the following meanings:

a) Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers, in this case Nyna Jewellery, established in [place of establishment], registered with the Chamber of Commerce under number 92016952 and provided with the VAT identification number [VAT number].

b) Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession.

c) Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.

d) Reflection period: the period within which the consumer can make use of his right of withdrawal.

e) Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period.

f) Day: calendar day.

g) Duration agreement: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

h) Model form: the model withdrawal form that the entrepreneur makes available, which a consumer can fill in when he wants to make use of his right of withdrawal.

i) Distance communication technology: means that can be used to conclude an agreement without the consumer and the entrepreneur having to be in the same place at the same time.

j) General Terms and Conditions: the present general terms and conditions of the entrepreneur.

k) Disputes Committee: the Webshop Disputes Committee, PO Box 90600, 2509 LP in The Hague ( www.sgc.nl ).

1.2 Where these terms and conditions refer to “written”, this may also be understood to mean electronically or by e-mail, depending on the nature of the communication.

Article 3 - Applicability

3.1 These General Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

3.2 Before the distance contract is concluded, the text of these General Terms and Conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded in what way the General Terms and Conditions can be consulted with the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.

3.3 If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.

3.4 In the event that specific product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs apply accordingly, and in the event of conflicting conditions the consumer can always invoke the applicable provision that is most favourable to him.

Article 4 - The offer

4.1 The offer contains a complete and accurate description of the products and/or services offered.

Article 6 - Right of withdrawal

6.1 The consumer has the right to revoke the agreement within fourteen days without giving any reason. The revocation period expires fourteen days after the day on which the consumer or a third party designated by the consumer, who is not the carrier, physically takes possession of the goods.

6.2 In order to exercise the right of withdrawal, the consumer must inform the entrepreneur of his decision to withdraw from the contract by means of an unambiguous statement (for example in writing by post or e-mail). The consumer may use the model withdrawal form provided by the entrepreneur for this purpose, but is not obliged to do so.

6.3 To meet the withdrawal deadline, it is sufficient for the consumer to send his communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

6.4 Consequences of revocation:

• 6.4.1 If the consumer revokes the agreement, he will receive all payments he has made up to that point, excluding delivery costs, without delay and in any case no later than fourteen days after the entrepreneur has been informed of the consumer's decision to revoke the agreement.
• 6.4.2 The entrepreneur will reimburse the consumer using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise; in any event, the consumer will not be charged any fees for such reimbursement.

Article 7 - Obligations of the consumer during the cooling-off period

7.1 During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack the product to the extent necessary to determine the nature and characteristics of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.

7.2 The consumer is liable for any diminished value of the product resulting from the handling of the product in a way that goes beyond what is permitted in paragraph 1.

7.3 The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

8.1 If the consumer wishes to exercise his right of withdrawal, he shall notify the entrepreneur of this within the reflection period of 14 days by means of the model withdrawal form provided by the entrepreneur or in another unambiguous manner.

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

8.3 The consumer shall return the product with all supplied accessories, if reasonably possible in the 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 consumer.

8.5 The consumer shall bear the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs of return.

8.6 If the consumer revokes after having first expressly requested that the performance of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or specific quantity commence during the cooling-off period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the time of revocation, compared with the full fulfillment of the obligation.

Article 9 - Obligations of the entrepreneur in case of withdrawal

Article 10 - Exclusion of the right of withdrawal

10.1 The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

10.2 Exclusion of the right of withdrawal is only possible for products:

• 10.2.1 which have been created by the entrepreneur in accordance with the consumer's specifications;
• 10.2.2 which are clearly personal in nature;
• 10.2.3 which by their nature cannot be returned;
• 10.2.4 which may spoil or expire quickly;
• 10.2.5 the price of which depends on fluctuations in the financial market over which the entrepreneur has no influence.

10.3 Exclusion of the right of withdrawal is only possible for services:

• 10.3.1 concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
• 10.3.2 the delivery of which has commenced with the express consent of the consumer before the cooling-off period has expired;
• 10.3.3 regarding betting and lotteries.

10.4 Exclusion of the right of withdrawal is only possible for digital content:

• 10.4.1 which is not supplied on a tangible medium, if the performance has begun with the consumer's express prior consent and the consumer has declared that he hereby waives his right of withdrawal.

10.5 Exclusion of the right of withdrawal is only possible for audio and video recordings and computer software:

• 10.5.1 of which the consumer has broken the seal.

10.6 Exclusion of the right of withdrawal is only possible for the delivery of newspapers, periodicals or magazines, with the exception of subscriptions to these.

10.7 Exclusion of the right of withdrawal is only possible for the delivery of products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.

10.8 Exclusion of the right of withdrawal is only possible for the delivery of alcoholic beverages, the price of which was agreed upon when concluding the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence.

Article 11 - The price

11.1 The prices of the products and/or services offered include VAT.

Article 12 - Compliance and additional warranty

12.1 The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded.

12.2 Any guarantees provided by the entrepreneur, his supplier, manufacturer or importer do not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.

12.3 Additional warranty, such as a manufacturer's warranty, does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.

12.4 If the delivered product does not correspond to the agreement, the consumer must inform the entrepreneur in writing by e-mail within a reasonable period after discovering the defect.

12.5 The consumer must give the entrepreneur the opportunity to investigate the defect.

12.6 If it is established that a product is defective and a complaint has been made in a timely manner, the entrepreneur will replace the defective product or ensure that it is repaired within a reasonable period of time after receipt or, if return is not reasonably possible, after written notification.

12.7 If compliance with the agreement is not permanently impossible, the entrepreneur may choose to replace or repair the product. In that case, the consumer has the right to terminate the agreement.

12.8 Liability for any damage resulting from defects in delivered products is limited to the amount paid by the consumer for the product.

12.9 Notwithstanding the previous paragraph, the entrepreneur's liability towards the consumer can never exceed the amount paid out in the relevant case under the entrepreneur's liability insurance.

12.10 Notwithstanding the above, the entrepreneur remains liable for damage caused by intent or gross negligence on the part of the entrepreneur, his managerial subordinates or third parties engaged by them.

12.11 This warranty does not apply if:

• a) the consumer has repaired and/or modified the delivered products himself and/or has had them repaired and/or modified by third parties;
• b) the delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or are contrary to the instructions of the entrepreneur and/or the instructions for use on the packaging;
• c) the defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 13 - Delivery and execution

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

13.2 The place of delivery is the address that the consumer has made known to the entrepreneur.

13.3 Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this at the latest 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs.

13.4 After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.

13.5 The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

13.6 The risk of damage and/or loss of products that are returned to the entrepreneur rests with the consumer until the moment of receipt by the entrepreneur.

13.7 Different conditions may apply to deliveries abroad.

13.8 If the delivery is delayed either because the product is (temporarily) out of stock or for other reasons, or if an order cannot be fulfilled or can only be fulfilled in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs.

13.9 If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment are for the account of the entrepreneur.

13.10 The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 15 - Payment

5.1 Unless otherwise specified in the agreement or additional conditions, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.

15.2
When selling products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. If an advance payment has been agreed, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the agreed advance payment has been made.

15.3 The consumer has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.

15.4
If the consumer does not meet his payment obligation(s) in time, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, the consumer will owe the statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages to the advantage of the consumer.

Article 16 - Complaints procedure

16.1 Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described.

Article 17 - Retention of title

17.1 Delivered products remain the property of the entrepreneur until the consumer has properly fulfilled all obligations arising from the agreement(s) concluded with the entrepreneur.

17.2 Ownership will only be transferred to the consumer when he has fulfilled his payment obligations. The risk regarding the products will already be transferred to the consumer at the time of delivery.

17.3 If the consumer resells the delivered products, he is obliged to retain ownership thereof until the end user has also fulfilled his payment obligations.