General

 

Toc:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The Agreement

Article 6 – Right of withdrawal

Article 7 – Consumer obligations during the cooling-off period

Article 8 – Pursuit of the right of withdrawal by the consumer and its costs

Article 9 – Obligations of the entrepreneur in the case of withdrawal

Article 10 – Exclusion of right of withdrawal

Article 11 – The price

Article 12 – Fulfilment and additional warranty

Article 13 – Delivery and execution

Article 14 – Duration transactions: duration, cancellation and renewal

Article 15 – Payment

Article 16 – Complaints scheme

Article 17 – Disputes

Article 18 – Additional or derogationprovisions

 

Article 1 – Definitions

These conditions mean:

1. Additional agreement:an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance agreement and these matters, digital content and/or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;

2. Reflection period: the period within which the consumer can exercise his right of withdrawal;

3. Consumer: the natural person who does not act for purposes relating to his commercial, business, crafts or professional activities;

4. Day: calendar day;

5. Digital content: digital data produced and delivered in digital form;

6. Duration agreement: an agreement extending to the regular delivery of business, services and/or digital content over a certain period of time;

7. Sustainable data carrier: any tool – including included e-mail – that allows the consumer or entrepreneur to store information that is personally addressed to him in a way that is future consultation or use over a period tailored to the goal for which the information is intended and which allows unchanged reproduction of the stored information;

8. Revocation right:the consumer’s ability to waive the agreement remotely within the cooling-off period;

9. Entrepreneur:the natural or legal person offering products, (access to) digital content and/or remote services to consumers;

10. Distance Agreement: an agreement concluded between the entrepreneur and the consumer under an organised system for distance sales of products, digital content and/or services, using one or more remote communication techniques until the conclusion of the agreement;

11. Model form for withdrawal:the European model form for withdrawal set out in Annex I to these conditions;

12. Remote communication technique:means that can be used to conclude an agreement, without the need for consumers and entrepreneur to have gathered simultaneously in the same space.

 

Article 2 – Identity of the entrepreneur

Gold forge Ouro

Raadhuisstraat 27-29
4701 PK Roosendaal, The Netherlands

Phone number: +31 (0)165 870 017

Email address: info@ourojewels.com

Chamber of Commerce number: 63511746

Vat identification number: NL8555268347 B 01

 Affiliated with the Gold and Silver Association

•  

  Article 3 – Applicability

1. These general terms and conditions apply to any offer from the entrepreneur and to each agreement concluded remotely between the entrepreneur and the consumer.

2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is reasonably not possible, the entrepreneur will indicate, before the contract is concluded remotely, how the general terms and conditions can be seen with the entrepreneur and that, at the request of the consumer, they are free of charge as soon as possible be forwarded.

3. Where the contract is concluded electronically, by way of derogation from the previous paragraph and before the contract is concluded remotely, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a sustainable data carrier. If this is reasonably not possible, it will be indicated before the agreement is concluded remotely, where the general conditions may be taken into account by electronic means and that, at the request of the consumer, it will be informed by electronic means. or otherwise will be transmitted free of charge.

4. In the event that, in addition to these terms and conditions, specific product or service conditions also apply, the second and third members shall apply mutatis mutandis and the consumer may always rely on conflicting conditions the applicable provision that is most favourable to him.

 

Article 4

–

The offer

1. If an offer has a limited period of validity or is made subject to conditions, this is expressly stated in the offer.

2. The offer contains 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 good assessment of the offer. If the entrepreneur uses images, they are a truthful representation of the products, services and/or digital content offered. Apparent mistakes or apparent errors in the offer do not bind the entrepreneur.

3. Each offer contains such information, which is clear to the consumer what the rights and obligations are, which are connected with the acceptance of the offer.

    

   Article 5 – The Agreement

1. The agreement shall, subject to paragraph 4, be concluded at the time of acceptance by the consumer of the offer and compliance with the conditions laid down therein.

2. If the consumer has accepted the offer by electronic means, the entrepreneur shall immediately confirm by electronic means the receipt of the acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will comply with appropriate safety measures to do so.

4. The entrepreneur may inform himself within legal frameworks whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible entry into account of the contract remotely. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, he is entitled to refuse an order or application or to commit special conditions to the execution.

5. The entrepreneur shall, at the latest, when the product, service or digital content is delivered to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a sustainable data carrier, most important:

• the visiting address of the establishment of the entrepreneur where the consumer can contact complaints;

• the conditions under which and the way in which the consumer may exercise right of withdrawal or a clear notification of the right of withdrawal are excluded from the right of withdrawal;

• information on warranties and existing after-purchase service;

• The price including all taxes of the product, service or digital content; Where applicable, the cost of delivery; And the method of payment, delivery or performance of the distance contract;

• the requirements for denunciation of the agreement if the agreement is more than one year or indefinite;

• If the consumer has a right of withdrawal, the model withdrawal form.

1. In the event of an expensive transaction, the provision in the previous paragraph applies only to the first delivery.

    

   Article 6 – Right of withdrawal

For products:

1. Consumers may terminate an agreement relating to the purchase of a product for a period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for revocation, but do not oblige them to give up his reason(s).

2. The cooling-off period referred to in paragraph 1 shall enter the day after the consumer, or a third party designated in advance by the consumer, which is not the carrier, has received the product, or:

• if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided that he has clearly informed the consumer about this prior to the ordering process, refuse an order of several products with a different delivery time.

• if the supply of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, received the last consignment or component designated by him;

3. in the case of regular delivery contracts for products for a given period: the day on which the consumer, or a third party designated by it, has received the first product.

 

For services and digital content not supplied on a material medium:

1. The consumer may terminate a service agreement and an agreement for the supply of digital content which has not been delivered on a material carrier for at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for revocation, but do not oblige them to give up his reason(s).

2. The cooling-off period referred to in paragraph 3 shall take into place on the day following the conclusion of the agreement.

 

Extended reflection period for products, services and digital content that has not been supplied on a material medium when not informing about right of withdrawal:

1. If the trader has not provided the consumer with the legally required information on the right of withdrawal or the registration model form, the cooling-off period shall expire 12 months after the end of the original cooling-off period set in accordance with the previous members of this Article.

2. If the economic operator has provided the information referred to in the preceding paragraph to the consumer within 12 months of the date of effective date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer received such information.

 

Article 7

–

Consumer obligations during the cooling-off period

1. During the cooling-off period the consumer will handle the product and the packaging carefully. It shall only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point is that the consumer can only handle and inspect the product as he should do in a shop.

2. The consumer is only liable for impairment of the product resulting from a way of dealing with the product that goes beyond permitted in paragraph 1.

3. The consumer shall not be liable for impairment of the product if the entrepreneur has not provided him with any legally required information on the right to withdraw before or when concluding the agreement.

 

Article 8

–

Pursuit of the right of withdrawal by the consumer and its costs

1. If the consumer uses his right of withdrawal, he shall notify the entrepreneur within the period of thought by means of the revocation model form or otherwise unambiguously to the entrepreneur.

2. As soon as possible, but within 14 days of 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 does not have to be done if the entrepreneur has offered to take the product himself. In any case, the consumer has complied with the return period if he sends the product back before the cooling-off period has expired.

3. The consumer shall return the product with all the accessories delivered, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

4. The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with the consumer.

5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates that he is carrying the costs himself, the consumer does not have to bear the costs of return.

6. If the consumer withdraws after first expressly requesting that the provision of the service or the supply of gas, water or electricity not prepared for sale be completed in a limited volume or commences certain quantity during the cooling-off period, the consumer shall owe the entrepreneur an amount commensurate with that part of the undertaking fulfilled by the entrepreneur at the time of withdrawal. , compared to the full fulfilment of the commitment.

7. The consumer shall bear no costs for the performance of services or the supply of water, gas or electricity, which are not prepared for sale in a limited volume or quantity, or to supply district heating, if:

• the trader has not provided the consumer with the legally required information on the right to withdraw, the cost allowance upon withdrawal or the withdrawal model form, or;

• the consumer did not expressly request the commencement of the implementation of the service or supply of gas, water, electricity or district heating during the cooling-off period.

      8.   The consumer shall not bear any costs for the complete or partial supply of digital content not supplied on a material carrier, if:

• prior to its delivery, he did not expressly agree to the start of the conclusion of the agreement before the end of the reflection period;

• he has not acknowledged losing his right of withdrawal in granting his consent; Or

• the entrepreneur has failed to confirm this statement from the consumer.

      9.   If the consumer exercises his right of withdrawal, all additional agreements are legally terminated.

 

Article 9 –

Obligations of the entrepreneur in the case of withdrawal

1. If the entrepreneur makes the notification of revocation by the consumer electronically possible, he shall immediately send a receipt upon receipt of this notification.

2. The entrepreneur shall reimburse all consumer payments, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days of the day when the consumer reports him the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to repay until he has received the product or until the consumer proves that he has returned the product, according to which time falls earlier.

3. The entrepreneur uses the same means of payment that the consumer has used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to repay the additional costs for the more expensive method.

 

Article 10 – Exclusion of right of withdrawal

The entrepreneur may exclude the following products and services from the right to withdraw, but only if the entrepreneur has stated this clearly in the offer, at least in time before the conclusion of the agreement:

1. Products or services whose price is tied to fluctuations in the financial market in which the entrepreneur has no influence and which may occur within the withdrawal period;

2. Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be present personally at the auction, led by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;

3. Services agreements, after full implementation of the service, but only if:

• implementation has begun with the express prior consent of the consumer; And

• the consumer has stated that he loses his right to withdrawal once the entrepreneur has fully implemented the contract;

1. Accommodation provision services contracts, if the agreement provides for a certain date or period of implementation and other than for residential purposes, freight transport, car rental services and catering;

2. Agreements relating to leisure activities, if the agreement provides for a certain date or period of implementation thereof;

3. Products manufactured according to consumer specifications, which are not prefabricated and manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;

4. Products that spoil quickly or have a limited shelf life;

5. Sealed products which, for reasons of health protection or hygiene, are not suitable for return and whose sealing has been broken after delivery;

6. Products which, by their very nature, are irrevocably mixed with other products after delivery;

7. Alcoholic beverages whose price has been agreed upon at the conclusion of the agreement, but whose supply can only take place after 30 days, and the actual value depends on fluctuations in the market to which the entrepreneur has no influence;

8. Sealed audio, video recordings and computer software, the sealing of which was broken after delivery;

9. Newspapers, magazines or magazines, with the exception of subscriptions to them;

10. The delivery of digital content other than on a material carrier, but only if:

• implementation has begun with the express prior consent of the consumer; And

• the consumer has stated that it will lose his right to withdraw.

 

Article 11

–

The price

1. During the period of validity indicated in the offer, the prices of the products and/or services offered are not increased, subject to price changes due to changes in VAT rates.

2. By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are bound by fluctuations in the financial market and which the entrepreneur does not affect, with variable prices. This commitment to fluctuations and the fact that any prices are indicative prices shall be indicated in the offer.

3. Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legal arrangements or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed and:

   A. resulting from legal arrangements or provisions; Or

   b. the consumer has the power to terminate the agreement from the day on which the price increase starts.

The prices mentioned in the range of products or services include VAT.

 

Article 12 – Compliance agreement and additional guarantee

1. The entrepreneur shall ensure that the products and/or services comply with the agreement, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government rules existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for other than normal use.

2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer shall never restrict the legal rights and claims which the consumer may assert against the entrepreneur on the basis of the contract if the entrepreneur is failed in the fulfilment of his part of the agreement.

3. Additional guarantee means any commitment of the entrepreneur, its supplier, importer or producer in which it assigns to the consumer certain rights or claims that go beyond what is legally required in case he is The fulfilment of its part of the agreement.

 

Article 13

–

Delivery and execution

1. The entrepreneur will take the utmost care when receiving and in the execution of orders of products and when assessing requests for the provision of services.

2. As a place of delivery, the address that the consumer has made known to the entrepreneur applies.

3. Taking into account what is mentioned in Article 4 of these terms and conditions, the trader will carry out accepted orders with competent urgency but not later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot or is only partially executed, the consumer will receive this notice no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the contract without charge and to be entitled to any compensation.

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

5. The risk of damage and/or loss of products rests with the entrepreneur until the time of delivery to the consumer or a representative previously designated and announced to the entrepreneur, unless expressly agreed otherwise.

    

   Article 14 – Duration transactions: duration, cancellation and renewal

   Termination:

1. The consumer may terminate an indefinite contract and which extends to the regular delivery of products (including electricity) or services, at any time in compliance with agreed termination rules and a notice period of not more than one month.

2. The consumer may terminate a fixed-term contract and which seeks to provide products (including electricity) or services at any time towards the end of the specified period, taking into account the agreed termination rules and a notice period not exceeding one month.

3. The consumer may use the agreements referred to in the previous paragraphs:

• cancel and are not limited to termination at a given time or at a certain period;

• at least in the same way as they have entered into by him;

• always terminate with the same notice period as the entrepreneur has agreed for himself.

  Extension:

1. An agreement entered into for a fixed period of time which extends regularly to the delivery of products (including electricity) or services may not be tacitly renewed or renewed for a specified period.

2. By way of derogation from the previous paragraph, an agreement entered into for a certain period of time and which extends to the regular delivery of day and weekly newspapers and magazines shall be tacitly renewed for a certain duration of up to three months, if the the consumer may terminate this extended agreement by the end of the extension with a notice period not exceeding one month.

3. An agreement entered into for a fixed period and which extends to the regular delivery of products or services may only be tacitly renewed indefinitely if the consumer is allowed to cancel at any time with a notice period of not more than one month. The notice period shall not exceed three months in the event that the agreement extends to the regular, but less than once per month, delivery of daily, news and weekly newspapers and magazines.

4. An agreement with limited duration to the regular introduction of day, news and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and ends automatically after the end of the trial or introductory period.

   Duration:

5. If an agreement has a duration of more than one year, the consumer may terminate the contract at any time with a notice period of not more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

    

   Article 15 – Payment

1. To the extent that no other is provided in the agreement or additional conditions, the amounts due by the consumer shall be met within 14 days of entering the period of reference, or in the absence of a period of reference within 14 days of the conclude the agreement. In the event of an agreement to grant a service, this period shall begin on the day after the consumer has received confirmation of the agreement.

2. When selling products to consumers, consumers may never be required to prepay more than 50 on general terms. Where prepayment has been agreed, the consumer cannot assert any justice in respect of the execution of the order or service(s) concerned before the prepayment has been negotiated.

3. The consumer has a duty to report inaccuracies in payment data provided or mentioned without delay to the entrepreneur.

4. If the consumer does not meet his obligation to pay in time(s), it shall be, after being pointed out by the entrepreneur, the late payment and the entrepreneur has given the consumer a period of 14 days to meet his payment obligations after the absence of payment within this 14-day period, the statutory interest due and the entrepreneur is entitled to charge the out-of-court debt collection costs he incurred. These collection costs are maximum: 15 over outstanding amounts up to € 2,500,=; 10 over the next € 2,500,= and 5 over the next € 5,000,= with a minimum of € 40,=. The entrepreneur may deviate from those amounts and percentages for the benefit of the consumer.

    

   Article 16 – Complaints scheme

1. The entrepreneur has a sufficiently publicized complaints procedure and shall deal with the complaint in accordance with this complaints procedure.

2. Complaints about the implementation of the agreement must be submitted to the entrepreneur in full and clearly within a time of the finding of the consumer.

3. Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall reply within the 14-day period with a receipt notice and an indication when the consumer can expect a more comprehensive answer.

4. If the complaint cannot be resolved by mutual agreement within a reasonable period or within 3 months of the complaint being made, a dispute will arise which is open to the dispute settlement.

   Article 17 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate only to Dutch law.

    

   Article 18 – Additional or derogationprovisions

Additional or derogating from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be accessible by the consumer. stored on a durable data carrier.