Terms of service
General terms and conditions Violette Anna Jewellery
This translation can only be used in combination with and as explanation to the Dutch text. In the event of a disagreement or dispute relating to the interpretation of the English text the Dutch text will be binding. These general terms and conditions are subject to Dutch Law.
1. Parties
1. Violette Anna Jewellery, registered at the Chamber of Commerce under number 67000266, established at Saenredamstraat 65 H (1072 CD) in Amsterdam user of these general terms and conditions.
2. Further details of Violette Anna Jewellery:
Website: www.violetteanna.com
E-mail address: info@violetteanna.com
Phone number: 06-53582440
VAT identification number: NL001974532B73
3. The Customer: the (potential) buyer of goods offered by Violette Anna Jewellery.
2. Applicability
1. Violette Anna Jewellery declares these general conditions applicable to each offer of Violette Anna Jewellery and, whether or not resulting from them, agreements entered into by the parties with each other. Insofar as their content has not been modified, these general conditions will also apply to future contractual relationships between the parties.
2. Deviations from these terms and conditions shall only apply insofar as they have been expressly agreed in writing by the parties.
3. General (purchase) conditions of The Customer are expressly rejected.
4. Third parties engaged by Violette Anna Jewellery in the execution of the agreement can also invoke these general conditions.
5. If one or more (part(s) of the provisions of these general terms and conditions are null and void or annulled, the other provisions of these general terms and conditions shall continue to apply. The parties will then consult to agree new rules to replace the void or nullified provisions, in which the purpose and meaning of the void or nullified provisions will be expressed as much as possible.
3. Offer and agreement
1. Any offer, in the form of a quotation or otherwise, is entirely and unconditionally free of obligation and revocable, unless otherwise indicated in writing by Violette Anna Jewellery.
2. Each offer is only valid as far as stock lasts.
3. The prices as mentioned on the website or in any other form of an offer are in Euros and exclusive of 21% VAT and subject to levies, surcharges and other factors.
4. All statements by Violette Anna Jewellery of numbers, sizes, weights and colour of the goods in the designs, drawings, images, photos or models shown or provided are only indications. A minor deviation from this in the delivered item does not lead to a shortcoming in the fulfilment of the agreement on the part of Violette Anna Jewellery.
5. An offer does not automatically apply to repeat orders.
6. Obvious mistakes and errors in the offer are not binding towards Violette Anna Jewellery.
7. The agreement is established when:
Order through the webshop: at the moment that The Customer has correctly completed the order procedure on Violette Anna Jewellery's website and after the confirmation email of the agreement sent by Violette Anna Jewellery has arrived in the mailbox of the email address provided by The Customer.
Order other than through the web shop: after both parties have signed a written offer, after Violette Anna Jewellery has confirmed a written acceptance or after Violette Anna Jewellery, or a third party on its behalf, has started execution.
8. The agreement is explicitly entered into under the suspensive condition of sufficient availability of the ordered products.
4. Execution and delivery
1. The Customer shall give Violette Anna Jewellery the opportunity to execute the agreement. The Customer undertakes to provide the necessary cooperation for the execution of the agreement by Violette Anna Jewellery.
2. Violette Anna Jewellery shall endeavour to fulfil the agreement within the specified/estimated period. This term is not fatal, which means that The Customer must always first give Violette Anna Jewellery notice of default, whereby a long and reasonable period must be given, before any remedy can be taken.
3. If Violette Anna Jewellery takes care of delivery/delivery, The Customer must provide a delivery address where Violette Anna Jewellery can deliver/deliver the goods to be delivered on the date indicated. If The Customer is not present on the specified date when goods are delivered, the costs of offering the goods at a subsequent time will be borne by The Customer. The Customer will then receive a message that the order can be picked up at a location indicated by Violette Anna Jewellery after payment of the extra costs, including logistic (planning) costs at the storage location due to unexpected extra storage.
4. If delivery takes place at Violette Anna Jewellery's premises and The Customer therefore collects the goods there, The Customer must comply with the agreed delivery date. If The Customer fails to collect the goods on the agreed date, Violette Anna Jewellery has the option to recover the reasonable costs of storing the goods from The Customer.
5. Violette Anna Jewellery is free to have the order and or delivery carried out by third parties. Art. 7:404 DCC is explicitly excluded in the agreement.
6. Delivery of goods takes place only after the conclusion of the agreement. The risk of loss or reduction in value of the goods to be delivered shall pass to The Customer from the moment they are or were to be made available to him, but this moment has been delayed under The Customer's responsibility. This irrespective of whether the transfer of ownership has already taken place.
7. Violette Anna Jewellery has the right to execute the agreement in different phases and invoice the thus executed part separately. If the agreement is executed in phases, Violette Anna Jewellery can suspend the execution of those parts that belong to a next phase until The Customer has approved in writing the results of the preceding phase. By approval, Violette Anna Jewellery can no longer be held accountable or defects that could reasonably have been known at the time of approval.
8. Without being in default, Violette Anna Jewellery can refuse a request to change the agreement if this could have qualitative and/or quantitative consequences, for example for the goods to be delivered in that context.
5. Undertakings of The Customer
1. The Customer gives Violette Anna Jewellery the opportunity to execute the agreement. The Customer undertakes to provide the necessary cooperation for the execution of the agreement by Violette Anna Jewellery. This includes:
(a) Being present at the delivery address provided by The Customer on the agreed delivery date;
b) Ensuring that Violette Anna Jewellery has timely access to the approvals required for the order (such as consents etc.) and the data to be provided for the order;
c) ensuring that work and/or deliveries to be carried out by third parties, which do not form part of Violette Anna Jewellery's assignment, are carried out in such a way and in such a timely manner that the execution of the assignment is not delayed.
2. If the obligations in paragraph 1 are not fulfilled (on time), The Customer must inform Violette Anna Jewellery in time. Violette Anna Jewellery has the right to charge the additional costs involved, such as storage, travel or labour costs, to The Customer as a result.
3. If the obligations in paragraph 1 are not fulfilled (on time), Violette Anna Jewellery is not obliged to compensate The Customer for the damage resulting from a delay in the (on) delivery.
4. The Customer shall ensure that all data, which Violette Anna Jewellery indicates are necessary or which The Customer should reasonably understand are necessary for the execution of the agreement, are provided to Violette Anna Jewellery in a timely manner. The Customer itself bears the risk and responsibility of correct and timely delivery of the required information and its content, regardless of how The Customer provides it. If the required information is not provided to Violette Anna Jewellery on time, Violette Anna Jewellery has the right to suspend the execution of the agreement and/or charge the extra costs resulting from the delay to The Customer according to the usual rates.
5. Prior to the execution, The Customer must provide Violette Anna Jewellery with the agreed and required items and information, such as address and contact details. Violette Anna Jewellery will assess these to the best of its knowledge. However, Violette Anna Jewellery is not liable for any damage that arises because work was nevertheless carried out without delay on the basis of incorrect matters and information provided by The Customer.
6. The Customer shall strictly comply with all regulations, rules of use and instructions applicable to the goods, including the instructions given in these general conditions and user manual of the goods. The Customer shall be liable for all damages resulting from the failure to comply or not fully comply with the above-mentioned rules of use and instructions.
7. The Customer expressly bears the risk for damage caused by:
(a) Inaccuracies in the constructions and working methods required by The Customer;
b) Defects to/by the movable or immovable property on which or in which the assignment is performed;
c) Defects in materials or resources made available by The Customer.
d) Inaccuracies in the dimensions stated by The Customer, for example by using a ring size tool.
8. The Customer guarantees that digitally supplied material is safe and does not contain any viruses or other harmful content, which could in any way damage the computer systems, computer programmes of Violette Anna Jewellery and/or third parties.
9. Art. 7:408 and 7:764 DCC are excluded in the agreement. The Customer has no possibility to terminate the agreement prematurely.
6. Retention of title
1. Ownership of the goods to be delivered, as opposed to the actual provision of power, are only transferred to The Customer after the Customer has paid in full all that The Customer owes or will owe to Violette Anna Jewellery in connection with the agreement. This therefore includes not only the purchase price, but also, among other things, any further fines owed, additional costs or extrajudicial collection costs.
2. Pursuant to this retention of title, The Customer shall therefore not be entitled to alienate or encumber the goods with, for example, a pledge.
3. The Customer undertakes, in connection with the effectiveness of the retention of title, to inform Violette Anna Jewellery in a timely and adequate manner in case of imminent bankruptcy, suspension of payments, debt restructuring or when third parties threaten to seize any of the goods delivered with retention of title. The Customer is also obliged to adequately insure goods delivered under retention of title against damage and theft.
4. When The Customer is in a state of default of any obligation under the agreement, The Customer is obliged at Violette Anna Jewellery's request to provide all necessary cooperation so that Violette Anna Jewellery can again dispose of the delivered goods without encumbrance. This includes any obligation to return the goods at Violette Anna Jewellery's request at its own expense.
7. Warranty and liability
1. The Customer accepts that all goods are sold with all known, unknown, visible and invisible factual and legal defects, charges and limitations.
No warranties shall be given, other than to the extent that a warranty is provided by Violette Anna Jewellery's supplier or otherwise expressly agreed.
2. The Customer is obliged to check the delivery and performance for conformity with regard to quantity and quality as soon as possible, but within 24 hours. If the performance does not meet the conformity agreed on the basis of the agreement, and therefore there is a defect, The Customer must inform Violette Anna Jewellery within 8 days after delivery.
3. Following the provision of information as referred to in the previous paragraph, Violette Anna Jewellery shall remedy or replace the defect free of charge to the extent reasonable. If none of the two remedies described above effectively remedy the defect, The Customer has the right to (partially) dissolve the agreement with regard to this defect, whereby The Customer bears the costs for returning the delivered goods. The foregoing applies without The Customer being entitled to any compensation.
4. If the defect was caused by a fault attributable to The Customer or The Customer informed Violette Anna Jewellery about the defect too late, his right to repair, replacement or possible dissolution as described in this article expires. The burden of proof that the fault is not attributable to The Customer lies with The Customer.
5. The existence of a defect does not suspend The Customer's payment obligation.
6. The Customer is never entitled to any remedy if the item has been used incorrectly or carelessly. The Customer is obliged to use the goods according to the appropriate documents, such as an instruction manual and/or instructions on the packaging of the goods of Violette Anna Jewellery. The Customer undertakes to have the goods used only by persons properly instructed on their use. If the aforementioned is not observed or extras and/or changes, in any form whatsoever, are made by The Customer, any guarantee will lapse.
7. Should Violette Anna Jewellery be liable to The Customer without delay, this liability shall at all times be limited to the amount of any invoice amount plus 15% or else to the amount claimed by the professional or company liability insurance taken out by Violette Anna Jewellery.
8. Violette Anna Jewellery's liability at all times does not extend to bodily injury or consequential damage and, barring intent or gross negligence, also not to property damage, immaterial damage or loss of profit.
9. The Customer indemnifies Violette Anna Jewellery for damages of third parties arising in connection with the agreement because Violette Anna Jewellery has acted, including an omission, based on the information, data and documents provided by The Customer incorrectly, incompletely or late or in deviation of these general conditions.
10. In all cases, the period within which Violette Anna Jewellery can be held to any remedy, such as compensation for damages, is limited to 12 months after delivery.
11. The Customer is aware that the goods offered by Violette Anna are all handmade. Therefore, it can also happen that the goods ordered do not correspond exactly, for example that a certain good has a different colour, is not perfectly round and/or differs in size by a few millimetres. The Customer expressly agrees in advance that the aforementioned non-exhaustive deviations (may) be present. The Customer acknowledges such goods and their use as a conforming delivery. The Customer is therefore not entitled to any remedy.
8. Prices and payment
1. The offer is made by mutual agreement. By concluding the agreement, the parties consider the prices to be reasonable and fair.
2. Unless otherwise agreed, The Customer shall pay the amount of money due in full prior to delivery of Violette Anna Jewellery. In any case, invoices must be paid within 14 days after receipt of the invoice by means of giro transfer. Violette Anna Jewellery is entitled to send the invoice immediately after the conclusion of the agreement.
3. If the agreed term of payment is exceeded, Violette Anna Jewellery is immediately entitled to charge The Customer a default interest of 1% of the principal sum per month as well as an amount for extrajudicial collection costs. The latter costs amount to 15% of the principal sum due with a minimum amount of EUR. 100,- excluding VAT.
4. Without explicit and written consent of Violette Anna Jewellery, The Customer is not allowed to apply any settlement and/or suspension and/or deduction with respect to his payment obligations.
9. Termination of the agreement
1. Violette Anna Jewellery has the right to terminate the agreement with The Customer with immediate effect for the future by written notice without (further) prior notice if:
(a) The Customer discontinues or otherwise liquidates all or part of his business operations and/or significantly changes or transfers his business activities to a third party without prior written consent of Violette Anna Jewellery;
b) The Customer is granted suspension of payment (provisional or otherwise) or The Customer is declared bankrupt, The Customer submits a request for application of a debt rescheduling scheme or The Customer is placed under guardianship or administration;
c) A right accruing to The Customer is seized.
2. In case of termination of the agreement, all payments owed by The Customer to Violette Anna Jewellery are immediately due and payable in full. If the work is not fully completed, The Customer shall owe a proportional part of the total sum of money.
3. In the event of termination of the agreement, The Customer shall, at Violette Anna Jewellery's request, provide all necessary cooperation that will enable Violette Anna Jewellery to again dispose of delivered items without encumbrance.
4. The Customer does not have a right of withdrawal because The Customer has declared not to act as a consumer, but in the exercise of a business or profession. In case The Customer would nevertheless be a consumer, he also does not have a right of withdrawal, in case the delivered products are custom-made products.
10. Force majeure
1. With force majeure is meant, besides what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, which Violette Anna Jewellery cannot influence. This will include war, strikes, traffic disruptions, unforeseen stagnation, disruptions in energy supply, transport difficulties, fire, loss or damage during transport, import and/or export restrictions, epidemics, pandemics and government measures.
2. During force majeure, obligations of Violette Anna Jewellery are suspended. If fulfilment due to force majeure is impossible for longer than one month or if there are other circumstances that make it disproportionately difficult for Violette Anna Jewellery to fulfil its obligations, Violette Anna Jewellery is authorised to dissolve the agreement in whole or in part by a notification to The Customer and without judicial intervention, without there being any obligation to pay damages in that case.
3. If Violette Anna Jewellery has already partially fulfilled its obligations when force majeure occurs, it has the right to invoice the part already delivered or performed separately, or to partially credit in case of down payments.
11. Intellectual property rights
1. Violette Anna Jewellery reserves the rights and powers to which it is entitled under the Copyright Act and other intellectual property laws and regulations.
2. The trademarks, images, logos and photographs used and displayed on the Violette Anna Jewellery website and goods are registered or unregistered trademarks of Violette Anna Jewellery or third parties and may not be used commercially without the prior consent of the owner of those trademarks.
12. Forum, choice of law and transfer of rights
1. Violette Anna Jewellery is authorised to transfer its rights and obligations under this agreement to a third party. The Customer is only authorised to transfer its rights and obligations to a third party with the written consent of Violette Anna Jewellery.
2. This - and any other - agreement(s) concluded between the parties shall be governed exclusively by Dutch law, with the explicit exception of the Vienna Sales Convention. Should an obligation arise between the parties in the future, other than as a result of an agreement, that obligation shall also be governed by Dutch law.
3. In case a dispute arises from the agreement between the parties, the exclusively absolute competent judge is the judge in the district under which Violette Anna Jewellery's place of business falls. In case a dispute arises between the parties regarding non-contractual obligations, the exclusively absolute competent judge is also the judge in the district under which the place of business of Violette Anna Jewellery falls.
13. Right of withdrawal
1. This article is only applicable if The Customer is a natural person acting for purposes outside his business or professional activities and the agreement was not concluded in the physical shop, but remotely, for example through the webshop.
2. The Customer is in principle entitled to revoke the agreement within a period of 14 days without giving reasons. However, the Customer shall have no right of withdrawal if the delivery of goods manufactured according to The Customer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of The Customer, or which are clearly intended for a specific person.
3. The withdrawal period shall expire 14 days from the day on which The Customer or a third party designated by The Customer, who is not the carrier, takes physical possession of the good or, for contracts where The Customer has ordered several goods to be delivered separately in the same order, the day on which The Customer or a third party designated by The Customer, who is not the carrier, takes physical possession of the last good.
4. To exercise the right of withdrawal, The Customer must inform Violette Anna Jewellery, by an unequivocal statement (e.g. in writing by post, fax or email), of the decision to withdraw from the agreement. For this purpose, the Customer can use the attached model withdrawal form as shown in paragraph 7 of this article or download it through this link, but is not obliged to do so.
5. To comply with the withdrawal period, it is sufficient to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
6. If The Customer revokes the agreement, The Customer shall receive back from Violette Anna Jewellery all payments The Customer has made up to that point, including delivery costs (with the exception of any additional costs resulting from The Customer's choice of a mode of delivery other than the (cheapest) standard delivery offered by Violette Anna Jewellery) without delay and in any case no later than 14 days after Violette Anna Jewellery has been informed of the decision to revoke the agreement. Violette Anna Jewellery shall reimburse The Customer using the same means of payment with which The Customer made the original transaction, unless The Customer has expressly agreed otherwise; in any event, The Customer shall not be charged for such reimbursement. Violette Anna Jewellery is entitled to wait to refund until it has received the goods back, or The Customer has demonstrated that The Customer has returned the goods, whichever time comes first. The Customer must return or hand over the goods to Violette Anna Jewellery without delay, but in any case no later than 14 days from the day on which The Customer communicated the decision to withdraw from the agreement to Violette Anna Jewellery. The Customer is on time if The Customer returns the goods before the period of 14 days has expired.
The direct costs of returning the goods shall be borne by The Customer. The Customer shall only be liable for depreciation of the goods resulting from use of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods.
7. Model withdrawal form; in order to facilitate the withdrawal for The Customer, Violette Anna Jewellery provides The Customer with the form mentioned below. The Customer can use this form to withdraw from the contract.
----------------------------------------------------------------------------------------------------------
To Violette Anna Jewellery
Saenredamstraat 65 H
1072 CD
Amsterdam
Netherlands
info@violetteanna.com
www.violetteanna.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/provision of the following service (*)
- Ordered on (*)/Received on (*)
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
- Date(*)
These general terms and conditions have been drawn up by Bleijerveld Juridisch advies www.bleijerveldjuridischadvies.nl