Terms and conditions
Terms and Conditions
Table of Contents
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 – Costs in Case of Withdrawal
Article 8 – Exclusion of the Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Guarantee
Article 11 – Delivery and Execution
Article 12 – Ongoing Transactions: Duration, Cancellation, and Extension
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Deviating Provisions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Ongoing transaction: a distance contract spanning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that makes future consultation and unaltered reproduction of the stored information possible;
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
Model form: the model form for withdrawal that the entrepreneur makes available which a consumer can fill in when they wish to exercise their right of withdrawal;
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for the sale at distance of products and/or services, up to and including the conclusion of the contract making exclusive or joint use of one or more technologies of communication at distance;
Technology for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur having to meet together simultaneously in the same space;
Terms and Conditions: these present Terms and Conditions of the entrepreneur.
Article 2 – Identity of the Entrepreneur
Company name: Kimmelien
Address: Admiraal de Ruyterweg 25, 3333 TD Zwijndrecht, The Netherlands
Email: info@kimmelienjewellery.nl
Chamber of Commerce (CoC) number: 96892269
Correspondence address only / No visitors address
Article 3 – Applicability
These terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is reasonably not possible, the entrepreneur will indicate, before the distance contract is concluded, that the terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible upon request by the consumer.
If the distance contract is concluded electronically, the text of these terms and conditions can, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is reasonably not possible, it will be indicated where the terms and conditions can be inspected electronically before the distance contract is concluded, and that they will be sent free of charge electronically or otherwise at the consumer's request.
In the event that specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to them in the event of contradictory conditions.
If one or more provisions in these terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions shall remain in full force otherwise, and the relevant provision shall be replaced in mutual consultation without delay by a provision that approaches the scope of the original as closely as possible.
Situations not regulated in these terms and conditions should be assessed 'in the spirit' of these terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms should be interpreted 'in the spirit' of these terms and conditions.
Article 4 – The Offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to modify and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
The price;
Any shipping costs;
The manner in which the agreement will be concluded and what actions are required for this;
Whether or not the right of withdrawal applies;
The method of payment, delivery, and execution of the agreement;
The deadline for accepting the offer, or the period within which the entrepreneur guarantees the price;
The rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
Whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
The way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them within the framework of the agreement;
Any other languages in which, besides Dutch, the agreement can be concluded;
The codes of conduct to which the entrepreneur has subjected themselves and the way in which the consumer can consult these codes of conduct electronically; and
The minimum duration of the distance contract in the event of an ongoing transaction.
Article 5 – The Agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may – within legal frameworks – inform themselves whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good grounds not to enter into the agreement, they are entitled to refuse an order or request motivatedly or to attach special conditions to the execution.
The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
The visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
Information about guarantees and existing post-purchase service;
The data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer prior to the execution of the agreement;
The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of an ongoing transaction, the provision in the previous paragraph applies only to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the respective products.
Article 6 – Right of Withdrawal
Upon delivery of products:
When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for 14 days. This cooling-off period commences on the day after the product is received by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all supplied accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to use their right of withdrawal, they are obliged to make this known within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
If the customer has not made it known that they wish to use their right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods referred to in paragraphs 2 and 3, the purchase is a fact.
Article 7 – Costs in Case of Withdrawal
If the consumer exercises their right of withdrawal, the costs of return shipping will be borne by the consumer at most.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is conditional upon the product having already been received back by the online retailer or conclusive proof of complete return shipping being provided. Refund will take place via the same payment method used by the consumer, unless the consumer explicitly gives permission for a different payment method.
In case of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any depreciation in value of the product.
The consumer cannot be held liable for depreciation in value of the product if the entrepreneur has not provided all legally mandatory information about the right of withdrawal prior to the conclusion of the purchase agreement.
Article 8 – Exclusion of the Right of Withdrawal
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, or at least in timely fashion before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
Manufactured by the entrepreneur in accordance with specifications of the consumer;
Clearly personal in nature;
That cannot be returned due to their nature;
Whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
For hygienic products of which the consumer has broken the seal (such as earrings and hair accessories).
Exclusion of the right of withdrawal is only possible for services:
Concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
Whose delivery has begun with the explicit consent of the consumer before the cooling-off period has expired;
Concerning bets and lotteries.
Article 9 – The Price
During the period of validity mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations on the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices will be stated with the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
These are the result of statutory regulations or provisions; or
The consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services currently do not include VAT in connection with the Small Businesses Scheme (KOR).
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 – Conformity and Guarantee
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/s usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Any defects or wrongly delivered products must be reported in writing to the entrepreneur within 1 week of delivery. If the delivered products cannot be confirmed within that time due to the absence of the consumer, this must be reported to the entrepreneur upon return. Return of the products must take place in the original packaging and in new condition.
The guarantee period of the entrepreneur corresponds to 1 month. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
The fault lies with the postal supplier;
The consumer has repaired and/or processed the delivered products themselves or had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal conditions or otherwise carelessly handled or treated contrary to the instructions of the entrepreneur and/or on the packaging;
The inadequacy is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and Execution
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company. If this is not the case, additional costs will be charged to the customer.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with due expedience but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery suffers a delay, or if an order cannot be executed or only partially, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to any compensation for damages.
All delivery periods are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term does not give the consumer the right to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement article available. 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 will be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise. However, this applies exclusively to parcels with Track & Trace and letterbox parcels with Track & Trace, and expressly not to regular envelopes.
If the consumer chooses shipping via a regular envelope, the consumer accepts that this is at their own risk. This means that if the envelope gets lost during the postal process, the entrepreneur is no longer responsible for this since there is no Track & Trace code attached to it.
Article 12 – Ongoing Transactions: Duration, Cancellation, and Extension
Cancellation
The consumer can cancel an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products or services at any time, taking into account agreed cancellation rules and a notice period of no more than one month.
The consumer can cancel the agreements mentioned in the previous paragraphs at any time and is not limited to cancellation at a specific time or in a specific period; cancel them at least in the same manner as they were entered into by them; and always cancel with the same notice period as the entrepreneur has stipulated for themselves.
Extension
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may not be tacitly extended or renewed for a specific duration.
Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a specific duration of a maximum of three months, if the consumer can cancel this extended agreement towards the end of the extension with a notice period of no more than one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite duration if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration to the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
Duration
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working 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 starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of default by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints Procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 2 months after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will reply within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is susceptible to the dispute settlement procedure.
In case of complaints, a consumer should first turn to the entrepreneur. It is also possible to register complaints via the European ODR platform (Online Dispute Resolution). The webshop is currently not affiliated with a quality mark with a dispute committee.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur specifies otherwise in writing.
If a complaint is found well-founded by the entrepreneur, the entrepreneur will, at their choice, replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the consumer to which these terms and conditions apply are exclusively governed by Dutch law, even if the consumer resides abroad.
The Vienna Sales Convention (CISG) does not apply.
Article 16 – Additional or Deviating Provisions
Additional provisions or provisions deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.