Legal notice
Terms & Conditions Wiezewasjes B.V.
Article 1 - Definitions
The following definitions are used in these conditions:
1. Reflection period: the period within which you, as a consumer, can make use of your right of withdrawal;
2. Consumer: you, the natural person who is not acting for purposes related to trade, business, craft or professional activity (hereinafter: you);
3. Day: calendar day;
4. Digital content: data that is produced and delivered in digital form;
5. Durable data carrier: any tool - including e-mail - that enables you or Wiezewasjes B.V. to store information that is addressed to him personally in a way that will facilitate future consultation or use during a period appropriate to the purpose for which the information is intended and which allows unaltered reproduction of the stored information;
6. Right of withdrawal: the option of a consumer to withdraw from the distance contract within the cooling-off period;
7. Distance contract: an agreement concluded between you and Wiezewasjes B.V. within the framework of an organized system for distance sales of products, digital content and/or services (the webshop wiezewasjes.com), whereby up to and including the conclusion of the agreement, use is made exclusively or partly of one or more techniques for distance communication;
8. Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions;
9. Technology for distance communication: means that can be used to conclude an agreement, without a consumer and an entrepreneur having to be together in the same room at the same time;
10. Wiezewasjes B.V. established in The Hague and registered with the Chamber of Commerce under number 84192097, which provides (access to) digital content and/or services to consumers (hereinafter: Wiezewasjes).
Article 2 - Applicability
1. These general terms and conditions apply to any offer from Wiezewasjes and to any distance contract concluded between you and Wiezewasjes.
2. Before the distance contract is concluded electronically, the text of these general terms and conditions can be made available to you electronically in such a way that it can be easily stored by you in a durable data carrier. Suppose this is not reasonably possible before the contract is concluded. In that case, it will be indicated where you can read the general terms and conditions electronically and that they will be sent free of charge electronically or otherwise at your request.
3. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis. You can always rely on the applicable provision in the event of conflicting conditions that is most beneficial to you.
4. Suppose one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed. In that case, the agreement and these terms and conditions will remain in force. The relevant provision will be replaced by a provision that approximates the purport of the original as closely as possible.
5. Uncertainties about the interpretation or content of one or more provisions of these general terms and conditions or situations that are not regulated in the general terms and conditions should be explained 'in the spirit' of these general terms and conditions.
6. If Wiezewasjes does not initially invoke any applicable provision of these general terms and conditions against you for leniency or for other reasons of a commercial nature, it does not reject the right to appeal at a later stage to do on the relevant provision and all other applicable provisions of these terms and conditions.
Article 3 - The offer
1. The Wiezewasjes offer is understood to mean; the product in the webshop with the corresponding price.
2. The offer is without obligation. Wiezewasjes is entitled to change and adapt the offer.
3. If the offer of Wiezewasjes has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
4. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable you to make a proper assessment of the offer. Obvious mistakes or errors in the offer do not bind Wiezewasjes.
5. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
6. Images accompanying products are a true representation of the products offered. Wiezewasjes cannot guarantee that the displayed colours exactly match the real colours of the products. This due to the fact that screen settings may differ, and gemstones are unique natural products; no two gemstones are the same.
7. Each offer contains such information that it is clear to you what rights and obligations are attached to accepting the offer. This concerns in particular:
the price including taxes;
any shipping costs;
the way in which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the term for accepting the offer, or the term within which Wiezewasjes guarantees the price;
the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
whether the agreement will be archived after it has been concluded, and if so, how it can be consulted by you;
the way in which you, before concluding the agreement, can check and, if desired, restore the data provided by you under the agreement;
any other languages in which, in addition to Dutch and English, the agreement can be concluded;
the codes of conduct to which Wiezewasjes is subject and the way in which you can consult these codes of conduct electronically;
the available sizes, colours and type of materials.
8. Conditions that apply to particular promotions are stated with the offer and take precedence over these general conditions.
Article 4 - The Agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, when you accept Wiezewasjes' offer, by placing an order and fulfilling the payment obligations that apply. Wiezewasjes will confirm receipt of your order as soon as possible after placing your order. Until the moment of receipt of this order confirmation, you have the option to cancel your order.
2. Wiezewasjes will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If you pay electronically, Wiezewasjes will observe appropriate security measures.
3. Wiezewasjes will send the following information, in writing or in such a way that you can store it in an accessible manner on a durable medium, at the latest upon delivery of the product:
the contact details of the customer service that you can contact with any complaints;
the conditions under which and the way in which you can exercise your right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing service after purchase;
the price including all taxes of the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;
if you have a right of withdrawal, the model withdrawal form. See also at the bottom of these general terms and conditions.
4. Every agreement is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 5 - Right of withdrawal
1. You, as a consumer, can terminate an agreement regarding the purchase of a product without giving reasons during a cooling-off period of 14 days. Wiezewasjes may ask you about the reason for the withdrawal but may not oblige you to state your reason(s).
2. The reflection period referred to in paragraph 1 starts on the day after you, or a third party designated by you, who is not the carrier, has received the product, or:
if you ordered several products in the same order: the day on which you, or a third party designated by you, received the last product. Wiezewasjes may, provided they have clearly informed you about this prior to the ordering process, refuse an order for multiple products with different delivery times.
if the delivery of a product consists of several shipments or parts: the day on which you, or a third party designated by you, received the last shipment or the last part;
in the case of agreements for regular delivery of products during a certain period: the day on which you, or a third party designated by you, received the first product.
3. Extended reflection period for products when not informing about the right of withdrawal:
4. If Wiezewasjes has not provided you with the legally required information about the right of withdrawal, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
5. If Wiezewasjes has provided you with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which you received that information.
Article 6 - Your obligations during the reflection period
1. During the reflection period, you must handle the product and packaging with care. You may only unpack or use/fit the product to the extent necessary to determine the nature and characteristics of the product. The starting point is that you may only handle and inspect the product as you would in a store.
2. You are only liable for any diminished value of the product that is the result of handling the product beyond what is permitted in paragraph 1.
3. You are not liable for the depreciation of the product if Wiezewasjes has not provided you with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 7 - Exercise of your right of withdrawal and costs thereof
1. If you make use of your right of withdrawal, please report this to Wiezewasjes within the cooling-off period by means of the model withdrawal form (see below) or in another unambiguous manner. This is, for example, by returning the purchased product to Wiezewasjes within 14 days.
2. You return the product as soon as possible, but at least within 14 days from the day following the notification referred to in paragraph 1.
3. You should return the product with all accessories supplied, if reasonably possible, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Wiezewasjes.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with you. This means that if your shipment is lost or damaged, you are liable for it.
5. It is not possible to return products that you have bought in the webshop in the store. Vice versa, you cannot return products purchased in the store in the webshop.
Article 8 - Obligations of Wiezewasjes in case of withdrawal
1. If you notify Wiezewasjes of revocation, Wiezewasjes will send you a confirmation of receipt as soon as possible.
2. Wiezewasjes will reimburse all your payments, including delivery costs, when you return your entire order. If you decide to keep a part of your order, Wiezewasjes has the right to charge shipping costs if the remaining amount falls below € 75. Wiezewasjes is entitled to deduct these shipping costs from the amount that you will be refunded. Wiezewasjes will make the refund no later than 14 days after receipt of the undamaged product.
3. Wiezewasjes pays out your credit using the same payment method you used.
4. If you have opted for a more expensive method of delivery than the cheapest standard delivery, Wiezewasjes does not have to reimburse the additional costs for the more expensive method.
Article 9 - Exclusion of the right of withdrawal
1. Wiezewasjes excludes the following products from the right of withdrawal and will also clearly state this when offering these products:
2. Products that are custom made to your specifications, that are not prefabricated and that are manufactured based on your individual choice or decision, or that are clearly intended for a specific person;
3. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery.
Article 10 - The price
1. The price stated in the offer includes VAT.
2. Wiezewasjes is entitled to increase the price of the offer as long as the offer has not been accepted.
3. After acceptance of the offer and if payment has not yet been made, Wiezewasjes is only entitled to implement price increases that are the result of legal regulations.
4. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the case of printing and typesetting errors, Wiezewasjes is not obliged to deliver the product at the wrong price.
Article 11 - Compliance and warranty
1. Wiezewasjes guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing on the date of the conclusion of the agreement. Legal provisions and/or government regulations.
2. The Wiezewasjes warranty period corresponds to the manufacturer's warranty period. However, Wiezewasjes is never responsible for the ultimate suitability of the products for each individual application by you, nor for any advice regarding the use or application of the products.
3. The warranty does not apply if:
You have repaired and/or modified the delivered products yourself or have them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of Wiezewasjes and/or on the packaging;
The inadequacy is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.
The gold layer on Gold Plated products wears away or is worn away.
If you discover a defect in your product, you must contact Wiezewasjes by e-mail within 2 months of discovering the defect to report the defect.
4. A warranty provided by Wiezewasjes, its supplier, manufacturer or importer never limits the legal rights and claims that you can assert against Wiezewasjes under the agreement if Wiezewasjes has failed to fulfil its part of the agreement.
Article 12 - Delivery and execution
1. Wiezewasjes will take the greatest possible care when receiving and executing orders for products.
2. The place of delivery is the address that you have provided to Wiezewasjes.
3. Wiezewasjes will execute accepted orders where possible within 7 days, but no later than 30 days, unless a different delivery period has been agreed.
4. If the delivery is delayed, or if an order cannot or only partially be executed, you will receive a message about this as soon as possible, but no later than 30 days after you have placed the order. In that case, you have the right to terminate the agreement without costs, and you are entitled to any compensation if you can demonstrate that you have suffered damage.
5. After dissolution in accordance with the previous paragraph, Wiezewasjes will refund the amount you paid as soon as possible, but no later than 14 days.
6. The risk of damage and/or loss of products rests with Wiezewasjes until the moment of delivery to you or a representative appointed in advance and notified to Wiezewasjes, unless expressly agreed otherwise.
Article 13 - Payment
1. Amounts owed by you must be paid within 14 days of the conclusion of the distance contract.
2. You have the duty to report inaccuracies in provided or stated payment details directly to Wiezewasjes.
3. If you do not comply with your payment obligation (s) on time, after you have been informed by Wiezewasjes of the late payment and Wiezewasjes has granted you 14 days to still fulfil your payment obligations. In case of failure to pay within this 14-day period, pay the statutory interest on the amount due. Furthermore, Wiezewasjes is entitled to charge the extrajudicial collection costs incurred by it. These collection costs do not exceed the percentages specified in the statutory regulation. Wiezewasjes can deviate from the legal regulations in your favour, but is not obliged to do so.
Article 14 - Complaints procedure
1. Wiezewasjes has a complaints procedure, which can be consulted on the website and handles the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted fully and clearly described by e-mail to Wiezewasjes within 14 days after you have discovered the defects.
3. Complaints submitted to Wiezewasjes will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Wiezewasjes will reply within 14 days with a confirmation of receipt and an indication when you can expect a more detailed answer.
4. You must give Wiezewasjes at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute settlement procedure.
Article 15 - Disputes
1. Agreements between Wiezewasjes and you to which these general terms and conditions apply, are exclusively governed by Dutch law.
2. The Vienna Sales Convention is excluded.
Article 16 - Additional or different provisions
1. Additional provisions or provisions deviating from these general terms and conditions may not disadvantage you. They must be recorded in writing or so that they can be stored by you in an accessible manner in a durable data carrier.
