Terms and Conditions
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 right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and implementation
Article 12 - Duration of 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 conditions the following terms have the following meanings:
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration of transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
Durable medium: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
Model form: the model withdrawal form that the entrepreneur makes available that a consumer can fill in if he wants to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and / or services to consumers from a distance;
Distance contract: an agreement in which, in the context of a system organized by the entrepreneur for the distance sale of products and / or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Name: Alice Velt
Company: Alice Silver Designs
HW Mesdagstraat 32 3314XM Dordrecht
Telephone number: 0683369208
Email address: alicesilverdesigns@yahoo.com
Chamber of Commerce number: 81149158
VAT identification number: NL003535809B97
Article 3 - Applicability
These general terms and conditions apply to every offer from Alice Silver Designs and to every distance contract and orders between Alice Silver Designs and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at Alice Silver Designs and that they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be can be easily stored on a durable data carrier.
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 and, in the event of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most relevant to him. is favorable.
If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, then the agreement and these terms and conditions will remain in force and the relevant provision will be immediately replaced in mutual consultation by a provision that the purport from the original as closely as possible.
Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained 'in the spirit' of these general 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. Alice Silver Designs is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and / or services offered. The description is detailed to enable the consumer to make a proper assessment of the offer. The images used by Alice Silver Designs are a true representation of the products and / or services offered. All products offered are handcrafted on an individual basis, sometimes with natural products and with different methods (e.g. melting and pouring). As a result, the ordered product may differ slightly from the images on the product pages. Obvious mistakes or errors in the offer do not bind Alice Silver Designs.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a true representation of the products offered. Alice Silver Designs cannot guarantee that the colors displayed 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 accepting the offer. This concerns in it
special:
the price including taxes;
the costs of shipping;
the way in which the agreement will be concluded and which actions are required for this;
the right of withdrawal that applies - See Article 6 & 7
the method of payment, delivery and implementation of the agreement;
whether the agreement will be filed after the conclusion, and if so, how it can be consulted by the consumer. See Alice Silver Designs privacy statement here:
the way in which the consumer, before concluding the agreement, can check the information provided by him under the agreement and, if necessary, restore it;
available sizes, colors, type of materials: For the sizing of rings offered by Alice Silver Designs, we recommend ordering a measuring tape first. Alice Silver Designs can perform a free ring size adjustment once if it appears that an ordered ring does not fit from Alice Silver Designs, under the following conditions:
A request for ring size adjustment is made within 14 days via email to alicesilverdesigns@yahoo.com
Shipping costs are for the account of the consumer.
This free ring size adjustment is only offered with rings that do not contain stones. If a stone has been incorporated into the ring please contact alicesilverdesigns@yahoo.com so we can discuss a suitable solution.
Article 5 - The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the corresponding conditions.
As soon as the consumer has accepted the offer electronically, Alice Silver Designs will immediately confirm receipt of the acceptance of the offer electronically, clearly stating the type of product (s), price, and any size. As long as the receipt of this acceptance has not been confirmed by Alice Silver Designs, the consumer can terminate the agreement.
Alice Silver Designs takes appropriate technical and organizational measures to secure the electronic transfer of data and payment by providing a secure web environment. Saving and archiving of orders is done electronically.
Alice Silver Designs will send the following information with the product 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:
a.the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
b. the conditions under 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 - See Article 8
c. information about guarantees and existing service after purchase; - See Article 10
Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When delivering products:
When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This reflection period starts on the day after receipt of the product by the consumer.
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack and / or fit the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all supplied accessories in the original condition and packaging to Alice Silver Designs and ensure that it has sufficient postage. The consumer is advised to send the return in sufficient protective packaging to prevent damage from being deducted from the amount to be returned. Alice Silver Designs is not responsible for returns that do not arrive and advises the consumer to send the return with tracking or registered mail with proof of shipment.
The consumer must make this known by means of the return form. Return costs are at the expense of the customer.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not made it known that he wishes to make use of his right of withdrawal resp. the product has not been returned to the entrepreneur, the purchase is a fact.
Article 7 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of return will not exceed the cost of the return.
If the consumer has paid an amount, Alice Silver Designs will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received back by Alice Silver Designs. Reimbursement will be made 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 himself, the consumer is liable for any depreciation of the product.
The consumer cannot be held liable for the depreciation of the product if Alice Silver Designs has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.
Article 8 - Exclusion of right of withdrawal
Alice Silver Designs 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 Alice Silver Designs has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. Created by Alice Silver Designs to unique consumer specifications;
b. Which are clearly personal in nature;
c. These are created with metal and / or stones owned by the consumer.
d. For hygienic products of which the consumer has broken the seal.
e. Where the delivery started with the express consent of the consumer before the reflection period has expired;
Article 9 - The price
During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes due to changes in VAT rates.
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 allowed if Alice Silver Designs has stipulated this and:
a.these are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the contract on the day on which the price increase takes effect.
All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors Alice Silver Designs is not obliged to deliver the product at the wrong price.
Article 10 - Conformity and Warranty
Alice Silver Designs guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Return of the products must be in the original packaging and in new condition.
However, Alice Silver Designs 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 warranty does not apply if:
The consumer has repaired and / or modified the delivered products himself or had it repaired and / or modified by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging;
The inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
Article 11 - Delivery and implementation
Alice Silver Designs will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to Alice Silver Designs. The consumer has the duty to immediately report inaccuracies in address details provided or stated to the entrepreneur.
With due observance of what is stated in paragraph 4 of this article, Alice Silver Designs will execute accepted orders expeditiously, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, Alice Silver Designs will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, Alice Silver Designs will endeavor to provide a replacement item. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are at the expense of Alice Silver Designs.
The risk of damage and / or loss of products rests with Alice Silver Designs until the moment of delivery to the consumer.
Article 12 - Duration transactions: duration, cancellation and extension (Not applicable to Alice Silver Designs)
Article 13 - Payment
When ordering on the webshop alicesilverdesigns.com , the amounts owed by the consumer must be paid. In the case of an agreement to provide a service, such as a quotation for a special order, the reflection period starts after the consumer has received 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 non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 - Complaints procedure
Alice Silver Designs is a small company and will at all times take the time to give personal attention to any questions or requests from the consumer in order to avoid complaints. Alice Silver Designs will confirm any requests, questions or complaints within two business days and respond within 5 business days if submitted by email or via the message box on alicesilverdesigns.com
In the highly exceptional case that a complaint requires a foreseeable longer processing time, Alice Silver Designs will reply within the legal period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
Complaints about the implementation of the agreement must be submitted to Alice Silver Designs fully and clearly described within 2 months, after the consumer has discovered the defects.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement and the consumer can turn to the Disputes Committee: https://www.degeschillencommissie.nl
Article 15 - Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
Additional provisions or provisions deviating from these general 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 data carrier.