General terms and conditions
General Conditions webshop ROS Juweliers
These General Terms and Conditions of the Dutch Thuiswinkel Organization were drawn up in consultation with the Consumers' Association within the framework of the Self-Regulation Co-ordination Group (CZ) of the Social and Economic Council and will become effective as of 1st January 2009.
Article 1 Definitions
In these terms and conditions the following terms shall have the following meanings:
1. Entrepreneur: the natural or legal person who is a member of the Dutch Thuiswinkel Organization and who offers products and/or services to consumers from a distance;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the trader;
3. Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
4. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time;
5. Grace period: The period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Day: calendar day;
8. Duration transaction: a remote agreement relating to a series of products and / or services of which the delivery and / or purchase obligation is spread over time;
9. Durable data carrier: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation and unaltered reproduction of the stored information.
Article 2 Identity of the company
Ros jewellers & Zn. BV.
Trading under the name(s): Ros jewellers Establishment & visiting address:
2546 BC The Hague
Reachable from Tuesday till Saturday from 10:00 till 17:30 hrs E-mail address: [email protected]
Chamber of Commerce number: 27041815, The Hague VAT identification number: NL0037366B01
Article 3 Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that is realised between the entrepreneur and the consumer.
2. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, then before concluding the distance contract, the consumer will be informed that the general terms and conditions are available for perusal at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer in electronic form in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be viewed electronically and that they will be sent to the consumer free of charge, at his request, either electronically or in some other way.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favourable to him/her.
Article 4 The offer
1. If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or errors in the offer will not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular: the price including taxes; any costs of delivery; the way in which the agreement will be concluded and which actions are required for this; whether or not the right of withdrawal is applicable; the method of payment, delivery or implementation of the agreement; the period for accepting the offer, or the period for adhering to the price; v the level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate; if the agreement is filed after its conclusion, in what way it can be consulted by the consumer; the way the consumer can get informed before the conclusion of the agreement about actions he did not want to take, as well as the way he can correct these actions before the agreement is concluded; the way the consumer can make use of the possibility to cancel the agreement; the way the agreement is concluded; the way the consumer can make use of the possibility to cancel the agreement; the way the agreement is concluded. the way in which he can rectify this before the agreement comes into effect; any languages other than Dutch in which the agreement can be concluded; the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and the minimum duration of the distance agreement in the event of an agreement that involves the continual or periodic supply of products or services.
Article 5 The agreement
1. The agreement comes into effect, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated are fulfilled.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may - within legal limits - obtain information about the consumer's ability to fulfil his payment obligations, as well as about all those facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or request while giving reasons, or to attach special conditions to the implementation.
5. The entrepreneur will, together with the product or service, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier:
a. the visiting address of the Entrepreneur's business establishment where the Consumer may lodge complaints;
b. the conditions on which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information on existing after-sales services and guarantees;
d. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;
e. the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite.
6. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6 Right of withdrawal on delivery of products
1. When purchasing products, the consumer has the possibility of dissolving the contract, without giving reasons, during a period of 14 days. This period commences on the day following receipt of the product by or on behalf of the consumer.
2. During this period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge 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, according to the entrepreneur provided reasonable and clear instructions.
Article 7 Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, he is responsible for a maximum of the costs of return shipment.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
Article 8 Exclusion of the right of withdrawal
1. If the Consumer does not have a right of withdrawal, this can only be excluded by the Entrepreneur if the Entrepreneur clearly stated this fact when making the offer, or at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products
a. that have been created by the Entrepreneur in accordance with the Consumer's specifications; b. that are clearly of a personal nature
c. that cannot be returned due to their nature
d. that spoil or age quickly;
e. whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
f. for single newspapers and magazines
g. for audio- and video-recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services
a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
b. of which the delivery has started with the express consent of the consumer before the period for reflection has expired; c. concerning bets and lotteries.
Article 9 Price
1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, at variable prices. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
4. 4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and: a. they are the result of legal regulations or stipulations; or b. the consumer is authorized to terminate the agreement on the day the price increase enters into force.
5. The prices mentioned in the offer of products or services include VAT.
Article 10 Compliance and Warranty
1. The entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of reliability and/or serviceability and with the existing statutory provisions and/or government regulations on the date that the contract was concluded.
2. A by the entrepreneur, manufacturer or importer as a guarantee scheme does not affect the rights and claims that consumers in respect of a breach of the obligations of the entrepreneur to the entrepreneur may assert under the law and / or the distance.
Article 11 Delivery and implementation
1. The entrepreneur will take the greatest possible care in receiving and implementing orders of products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in Article 4 of these General Terms and Conditions, the Company shall execute accepted orders with convenient speed but at least within 30 days unless a longer delivery period has been agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this at the latest one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur shall return the amount paid by the consumer as soon as possible but at least within 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. The fact that a replacement article is being delivered will be reported in a clear and comprehensible manner, at the latest upon delivery. The right of withdrawal cannot be excluded with replacement articles. The cost of return shipment shall be borne by the entrepreneur.
6. A purchase agreement between the customer and Rosjuweliers which relates to precious metal bars can be dissolved in part or in full at any time by means of written notification. Dissolution of such a purchase agreement by Rosjuweliers shall not constitute an attributable breach of contract and therefore only the purchase price stated in the agreement shall be repaid by Rosjuweliers (if and insofar as already paid) within 30 days after the above-mentioned notification.
7. The risk of damage and/or loss of products rests with the Entrepreneur up to the moment of delivery to the Consumer, unless expressly agreed otherwise.
Article 12 Duration Transactions
1. The consumer can terminate an agreement entered into indefinitely at all times, subject to the agreed termination rules and a maximum notice of one month.
2. An agreement entered into for a definite period of time has a maximum duration of two years. If it has been agreed that in case of silence of the consumer the agreement at a distance will be extended, the agreement will be continued as an agreement for an indefinite period of time and the period of notice after continuation of the agreement will be at most one month.
Article 13 Payment
1. Insofar not subsequently agreed, the amounts owed by the consumer should be paid within fourteen days after delivery of the goods or, in case of an agreement for the provision of a service, within 14 days after the documents relating to this agreement were issued.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. When an advance payment is stipulated, the consumer cannot invoke any right regarding the execution of the order or service(s) concerned before the stipulated advance payment has been made.
3. The consumer has the duty to report any inaccuracies in payment data provided or mentioned immediately to the entrepreneur.
4. In case of non-payment on the part of the Consumer, and subject to legal restrictions, the Entrepreneur is entitled to charge any predetermined reasonable costs incurred to the Consumer.
Article 14 Complaints procedure
1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted to the entrepreneur within reasonable time, fully and clearly defined, after the consumer has found the defects.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
A complaint about a product, a service or the trader's service can also be submitted via a complaints form on the consumer's page of the website of the Dutch Thuiswinkel Organization. www.thuiswinkel.org The complaint is then sent both to the trader in question and the Dutch Thuiswinkel Organization.
If the complaint cannot be solved in mutual consultation, it becomes a dispute that is subject to the dispute settlement scheme.
Article 15 Disputes
Contracts between the trader and the consumer to which these general terms and conditions apply are subject exclusively to Dutch law.
Disputes between a consumer and an trader over the conclusion or exercising of contracts relating to products and services to be supplied by this trader can be put before the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl), by either the consumer or the trader, with due observance of that which is stipulated below.
A dispute is only taken up by the Disputes Committee if the consumer has first submitted his complaint to the trader within a reasonable period of time.
The dispute should be submitted in writing to the Disputes Committee no more than three months after the dispute arose.
When the consumer wishes to submit a dispute to the Dispute Commission, the entrepreneur is bound by this choice. When the entrepreneur wants to do that, the consumer will have to speak out in writing, within five weeks after a written request made by the entrepreneur, whether he so desires or wants the dispute to be handled by the competent court. If the entrepreneur does not hear the choice of the consumer within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
The Geschillencommissie's decision is made under the conditions as set out in the regulations of the Geschillencommissie. The decisions of the Geschillencommissie are by means of a binding advice.
The Disputes Committee will not deal with a dispute or will terminate their intervention if the trader has been granted a suspension of payments, gone bankrupt or has actually terminated business activities before the committee dealt with the dispute during a session and rendered a final ruling.
If, in addition to the Thuiswinkel Disputes Committee, another disputes committee is authorized or affiliated with the Stichting Geschillencommissies voor Consumentenzaken (SGC) or the Klachteninstituut Financiële Dienstverlening (Kifid), then the Thuiswinkel Disputes Committee has exclusive jurisdiction over disputes concerning primarily the method of distance selling or the provision of services. For all other disputes, the other disputes committees recognised by the SGC or Kifid will be competent.
Article 16 Sector guarantee
1. The Dutch Thuiswinkel Organization will, without delay, assume the obligations of a trader vis-à-vis a consumer, in relation to binding advice imposed upon him by the Thuiswinkel Disputes Committee, if this trader has not fulfilled his obligations within the period stipulated in the binding advice. Assumption of the trader's obligations by the Dutch Thuiswinkel Organization will be suspended if, and in as far as, that binding advice is put before a law-court for verification within two months after the date of that advice, in accordance with the regulations of the Disputes Committee, and will lapse upon the court ruling becoming final and conclusive, whereby the court has declared that the binding advice is non-binding.
2. Application of this guarantee requires that the consumer makes a written claim to the Dutch Thuiswinkel Organization and that he transfers his claim on the trader to the Dutch Thuiswinkel Organization.
Article 17 - Additional or different stipulations
Additional provisions or provisions which deviate from these general terms and conditions, may not be to the consumer's detriment and must be put in writing or be recorded in such a way that the consumer can store them in an accessible manner on a durable data carrier.
Article 18 - Amendments to the general terms and conditions of Thuiswinkel
1. The Dutch Thuiswinkel Organization will only amend these general terms and conditions after consultation with the Consumers' Association.
2. Amendments to these conditions will only be effective after they have been published in the appropriate way, on the understanding that, when applicable amendments are made during the course of an offer, the provision that is most favourable for the consumer will prevail. Address Dutch Thuiswinkel Organization: PO Box 7001, 6710 CB