GENERAL CONDITIONS Ellen Beekmans sieraden (2016)
Article 1. Definitions and applicability
1.1 On all offers, orders and agreements of Ellen Beekmans sieraden, these Terms and Conditions (hereafter: Conditions) apply. Unless Ellen Beekmans sieraden in writing agrees with other conditions. From any deviations agreed, the customer cannot derive rights for future transactions.
1.2 The acceptance of an offer or the placing of an order implies that the applicability of these conditions is accepted.
1.3 Exceptions from these conditions can only be made in writing by Ellen Beekmans sieraden in which case the other provisions shall remain in force.
Article 2. Offers / agreements
2.1 Offers of from Ellen Beekmans sieraden are non binding. Ellen Beekmans sieraden reserves the right to change prices, especially when necessary on the basis of (legal) requirements.
2.2 An agreement is only complete after acceptance of the order by Ellen Beekmans sieraden. Ellen Beekmans sieraden is entitled to refuse orders or certain conditions to the delivery, unless otherwise specified. If an order is not accepted, Ellen Beekmans sieraden will inform the customer within two (2) business days after receipt of the order.
Article 3. Prices and Payment
3.1 The listed prices for the products and services are in EURO and including VAT.
3.2. For customers from countries other than the Netherlands the shipping costs depend on the destination country.
3.3 Payment can be done online through Credit Card (Visa, Mastercard) or through “iDEAL” or, after our prior consent by e-mail, by bank transfer. For these (online) payments no extra charges are made.
Article 4. Delivery and shipping
4.1 We ship all orders within 2 business days after receipt of payment. Shipping is done by PostNL (Dutch Royal Mail) to the address indicated on your order confirmation. For Germany DHL is the shipping company. Should we not be able to ship the next business day, the client will be informed through e-mail. An order will, however, in principle, always be sent within 4 business days after receipt of the payment.
4.2 A delay in delivery does not entitle the customer to compensation of any damages, or annulment of the contract or non-fulfilment of any obligation imposed on him from this or any other related agreement.
4.3 We do our utmost to maintain the website as up to date as possible. We however cannot avoid that unexpectedly a product is sold out. In this case we will contact you within one business day.
Article 5. Complaints and returns
5.1 We do our very best to deliver a perfect product. Should the article nevertheless not meet your expectations, you can submit a return within 7 days after receipt of the order, on our website.
5.2 We will solve any problems as soon as possible (normally within three working days). If the solution does not meet your expectations you can cancel the order, without additional costs. The amount already paid will be refunded within 3 working days after the article is received back by us. Refunds will be done via your bank account. This warranty is not applicable when: A. the jewel has been worn.
5.3 If you for whatever reason do not wish to keep the product, you have the right to return the product within 7 days after shipping, to Ellen Beekmans sieraden. Returns are only accepted if the product packaging is intact and the product is not worn. The return is to be reported to Ellen Beekmans sieraden prior to shipping. The address to be used can be found on our website. The cost of return shipping are for the client’s account .
Ellen Beekmans sieraden will, within 3 business days after receipt of the product in good condition, refund the amount paid directly to your bank account (if you paid by “iDEAL” or bank transfer) or to your credit card company. In both cases after retention of the charged original shipping costs (€ 3.95 or the international shipping fee paid).
Article 6. Liability
6.1 Any liability of Ellen Beekmans sieraden, its staff and the products of Ellen Beekmans sieraden for all damages of any kind, directly or indirectly, including loss of profits, consequential damage to movable or immovable property or to any person, is specifically excluded. Ellen Beekmans sieraden cannot be held liable for damage caused by the implementation of the agreement by third parties.
6.2 Ellen Beekmans sieraden assumes no liability for any damage arising from the use of the products of Ellen Beekmans sieraden.
6.3 Any liability of Ellen Beekmans sieraden towards buyer cannot in any case exceed the invoiced amount that the buyer under the agreement relating to Ellen Beekmans sieraden is due.
Article 7. Force majeure
7.1 Ellen Beekmans sieraden has, in case of a force majeure, the right, at its opinion, to suspend or terminate the contract without judicial intervention. Ellen Beekmans sieraden will inform the client in writing. In this case Ellen Beekmans sieraden is not obliged to any compensation, unless standards of reasonableness and fairness determine otherwise.
7.2 Force majeure means any deficiency that cannot be blamed on Ellen Beekmans sieraden, because it is not due to its fault. Neither under Dutch law, nor based on generally accepted practice.
Article 8. Privay
All personal data disclosed to Ellen Beekmans sieraden will only be used for the handling of the order and will never be made available to third parties.
Ellen Beekmans sieraden does not receive or store any credit card information on its computers and Article websites.
Article 9. Various
9.1 If you provide Ellen Beekmans sieraden in writing with an address, Ellen Beekmans sieraden is entitled to use that address for shipping of orders, unless and until you inform Ellen Beekmans sieraden in writing of another address to which your orders should be sent.
9.2 When Ellen Beekmans sieraden, over a shorter or longer period of time, whether or not implied, applies the conditions less strict, this does not exclude stricter compliance with these conditions on a later date.
9.3 If one or more of the articles of these conditions or any other agreement with Ellen Beekmans sieraden is contrary to any applicable legal provision, the article is skipped and will be replaced by Ellen Beekmans sieraden by a new legally permissible comparable provision.
Article 10 Applicable law and jurisdiction
10.1 On all rights, obligations, offers, orders and agreements to which these conditions apply, as well as these conditions, only Dutch law applies.
10.2 All disputes between parties will only be submitted to the competent court in the Netherlands.
Hilversum january 2016