Terms & Conditions by Brigitte Dam.com
Index:
– Article 1 – Definitions
– Article 2 – Company and identity of the entrepreneur
– Article 3 – Copyright
– Article 4 – The contract
– Article 5 – The products
– Article 6 – Prices
– Article 7 – Right of withdrawal
– Article 8 – Exclusion of right of withdrawal
– Article 9 – Payment
– Article 10 – Guarantee
– Article 11 – Shipping
– Article 12 – Delivery
– Article 13 – Privacy
– Article 14 – Complaints
– Article 15 – Disputes
Article 1 – Definitions
1.1. Grace period: The period during within which the consumer can make use of his or her right of withdrawal;
1.2. Consumer: the natural person whose action is not within the course of a profession or business and who enters into an distance contract with the entrepreneur;
1.3. Day: calendar day;
1.4. Duration transaction: a distance contract concerning a range of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
1.5. Durable medium: every means that enables the consumer or entrepreneur to store information that is addressed to him in person in a way that facilitates future consultation and unaltered reproduction of the stored information;
1.6. Right of withdrawal: the ability for the consumer to waive the distance contract within the withdrawal period;
1.7. Entrepreneur: the natural or legal person who offers products and/or services to consumers;
1.8. Distance contract: a contract whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the moment that the contract is concluded;
1.9. Technology for distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being at the same place at the same time.
Article 2 – Company and identity of the entrepreneur
Company: Brigitte Dam
Chamber of Commerce number: 57219346
VAT identification number: NL126521621B01
Entrepreneur:
Name: Brigitte Dam
Phone: 06-53 41 51 93. Daily available between 09:00 and 17:00. Unfortunately we do not always have the opportunity to answer the phone due to other duties, so please leave your name, number and a time you would like us to call you back. The mail will be answered within 24 hours.
Email: info@brigittedam.nl
Article 3 – Copyright
3.1. All articles, products designed by the entrepreneur: Brigitte Dam, the web design and graphics are copyrighted. On the basis of copyright it is therefore strictly prohibited to reproduce, print or reuse any of the above named designs without written and signed consent of the author, entrepreneur: Brigitte Dam.
Article 4 – The contract
4.1. These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between entrepreneur and consumer.
4.2. Before the distance contract is concluded, the text of these general conditions will be made available to the consumer.
4.3. The agreement to buy the products will be established after an order confirmation is sent to the consumer by mail.
4.4. Every consumer declares (without reservation) by placing an order for agreement to the terms & conditions.
4.5. The entrepreneur is at all times entitled to change these terms and conditions and the content of the website (store).
4.6 The entrepreneur may – within the law – obtain information about the consumer’s ability to fulfill his or her payment obligations, as well as facts and factors that are important for the responsible conclusion of the distance contract. If the research gives the entrepreneur proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
Article 5 – The products
5.1. Since the entrepreneur often uses natural and handmade materials such as precious stones, colors and/or shapes can slightly differ from the images of the product on the webshop. Small variations in color and shape of the product are no reason for returning the product.
5.2. The operator is not liable for typographical and/or errors, as well as programming or program errors.
Article 6 – Prices
6.1. The prices for the items are in euros, include VAT and exclude shipping costs.
6.2. No rights can be derived from incorrect price information.
6.3. The sale prices are valid as long as they are visible on the webshop.
Article 7 – Right of withdrawal
7.1. When purchasing products, the consumer has the option to cancel within 14 days without giving reason. The grace period starts on the day after the item has been received by the consumer or a previously assigned representative.
7.2. The consumer is obligated to indicate that he would like to return his ordered item before sending the item, by filling out a contact form and received a conformation mail.
7.3. During this period the consumer will treat the product and packaging with care. He will only use or unpack the product as much as is necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur.
7.4. Since the entrepreneur often uses natural and handmade materials such as precious stones, colors and/or shapes can slightly differ from the images of the product on the webshop. Small variations in color and shape of the product are no reason for returning the product.
7.5. The consumer is responsible for proper return. When the consumer wants to return the order, he or she must notify the entrepreneur of the return via mail or phone. When outside the Netherlands, contact through email is preferred. After this the consumer will receive the return instructions and return address. The jewelry must be returned unused, undamaged and in its original condition and packaging with the receipt within 14 days of receiving the product.
7.6. When the consumers makes use of his right of withdrawal, the entrepreneur will refund the sum as cuickly as possible (excluding the shipping costs), thought at the latest within 30 days. The consumers will be informed about the progress my email.
7.7. The shipping risks and the cost of returning the product to the entrepreneur are for the consumer when the product was received in good condition. The entrepreneur advices the consumer to return the product through registered shipping. Inadequate or unstamped posts will not be accepted by us.
Article 8 – Exclusion of right of withdrawal
8.1 The operator may exclude the right of withdrawal from the consumer to the extent provided in paragraph 8.3.
8.2. The exclusion of the right of withdrawal applies only if the entrepreneur clearly stated these rules before concluding the contract with the consumer.
8.3. Exclusion of the right of withdrawal is only possible for products:
8.3.1. which have been made to the consumer’s specifications by the entrepreneur;
8.3.2. that are clearly personal in nature;
8.3.3. which are specially tailored;
8.3.4. whose price depends on fluctuations in the financial market over which the entrepreneur has no influence.
Article 9 – Payment
9.1. Payment of the order is always made in advance. When payment of the online order is fulfilled, the order will be delivered as soon as possible and within 2-3 days within the Netherlands. Outside the Netherlands, delivery will take at least 3 days or more, depending on the country.
9.2. You can choose from the following payment methods:
9.2.1. Payment by iDEAL.
This is possible if you use internet banking at ABN AMRO, ASN Bank, Friesland Bank, ING, Knab, Rabobank, RegioBank, SNS Bank, Triodos Bank or Van Lanschot Bankiers and live in the Netherlands.
9.2.2. Payment in advance by bank transfer to bank account no. NL54 RABO 0170 6482 73. BIC RABONL2U.
9.2.3. Payment with Paypal.
9.3. The consumer has the duty to immediately report inaccuracies in data or specified payment details.
9.4. In case of default by the consumer, the entrepreneur has the right, subjected to legal restrictions, to charge the costs of the order placed by the consumer.
Article 10 – Guarantee
10.1. The entrepreneur uses a warranty of 30 days.
10.2. Provided that the product is used normally and maintenance advice mentioned on the website have been complied with, the entrepreneur will do everything to address complaints within 7 days after receiving them and satisfactorily resolve the received complaints.
10.3. The consumer can not appeal on the guarantee in case of:
10.3.1. normal wear and tear.
10.3.2. improper use and/or failure to comply with maintenance advice.
10.3.3. changes made to the product by or on behalf of the consumer.
10.3.4. damage by intent or gross contempt sustainability.
10.3.5. by the consumer or by the third party consumer hired help to repair the product from Brigitte Dam.com on his own initiative within the warranty.
10.4. Within the warranty period the product will be repaired free of charge, with the authenticity card and code present, if the materials are available. If this is not the case, the entrepreneur will look for a suitable solution in consultation with consumer.
Article 11 – Shipping
11.1. The shipping costs are € 2.00 for orders within the Netherlands. Outside the Netherlands, but within Europe the shipping costs are € 4.50.
11.2. The entrepreneur is not liable for loss and/or damage during transport by PostNL. If a shipment is lost, we will do everything to find a reasonable solution for it.
11.3. The consumer is liable and responsible for giving an incorrect delivery address. Any extra costs that come with it, are on behalf of the consumer.
11.4. Delivery can be done at any address specified by the consumer.
Article 12 – Delivery
12.1. Our aim is to send your order within 2-3 working days via PostNL after receiving it.
12.2. If the delivery is unexpectedly not feasible, the entrepreneur will contact the consumer to set the modified delivery.
12.3. If the entrepreneur can not deliver within 2-3 days because the shop is closed indefinitely, this will be mentioned on the webshop.
12.4. Exceeding the delivery, the consumer has no right to compensation.
12.5. In some cases the jewelry will be tailored or personally made. In this case the delivery time can be longer. The consumer will be updated about this regularly.
Article 13 – Privacy
13.1. The entrepreneur transmits personal information over a secure SSL connection.
13.2. The entrepreneur will use your personal information only for execution of the agreement. This include processing the order and using the information for shipping.
13.3. The consumers personal information will be used to keep the consumer abreast about related information of Brigitte Dam.com, sales and offers.
13.4. Your information will not be provided to third parties.
13.5. If the consumer does not want to receive e-mail, such as a newsletter, he can unsubscribe by filling out the contact form on our website.
Article 14 – Complaints
14.1. Complaints about the implementation of the agreement should be submitted promptly, fully and clearly described to the entrepreneur, after the consumer has discovered the defects.
14.2. Complaints submitted to the entrepreneur will be answered within 14 days after receiving the complaint. When a complaint will take a foreseeable longer processing time, the consumer will be answered with an indication of that time and when he will get a more detailed answer.
Article 15 – Disputes
15.1. Contracts between the entrepreneur and the consumer of these general terms and conditions, are exclusively by Dutch law.