General terms and conditions

Table of contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Articele 3 - Applicability
Article 4 - The offer
Articele 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 - Compliance and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Liability

Article 1 - Definitions
In these terms and conditions the following definitions apply:
1. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person not acting in the exercise of a profession or business and entering into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance, and acts in accordance with the guidelines of the Dutch Thuiswinkel Organization.
8. Distance contract: an agreement whereby, within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
9. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time;

Article 2 - Identity of the entrepreneur
Lovely Stones
Goudenregenstraat 91
2906 CL Capelle aan den IJssel

E-mail address: [email protected]
Phone number: 010-4587660
Availability: by e-mail 7 days a week
CHAMBER OF COMMERCE: 77283236
VAT NUMBER: NL003174561B83

Article 3 - Applicability
1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, notwithstanding 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 it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general conditions, the consumer may always invoke the applicable provision that is most favourable to him.

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 on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do 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;
- the possible costs of delivery
- the way in which the agreement will be concluded and which actions are necessary for this;
- whether or not the right of withdrawal is applicable;
- the method of payment, delivery and performance of the agreement;
- the period for accepting the offer, or the period within which the trader guarantees the price;
- the level of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement is archived after its conclusion and, if so, the way in which it can be consulted by the consumer;
- the manner in which the consumer, before concluding the contract, can check and, if desired, rectify the data provided by him under the contract;
- any languages other than Dutch in which the contract 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;
- the minimum duration of the distance contract in the event of an extended transaction.

Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions stipulated.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while stating reasons.
5. The entrepreneur will include 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 way on a durable data carrier:
(a) the visiting address of the entrepreneur's establishment where the consumer can go with 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 guarantees and existing after-sales services;
d) the data included in article 4 paragraph 3 of these terms and conditions, unless the trader has already provided the consumer with these data before the performance of the contract;
e) the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
6. In case of a duration transaction, the provision in the previous paragraph shall only apply 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 agreement without giving reasons for 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all delivered accessories and - if reasonably possible - in the original state and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

On delivery of services:
1. In case of delivery of services, the consumer has the possibility to dissolve the agreement without giving reasons for at least fourteen days, starting on the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the operator at the time of the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, he shall bear at most the costs of return shipment.
2. If the Consumer has paid an amount, the Entrepreneur shall return this amount as soon as possible, but at the latest within 30 days after the return or withdrawal.

Article 8 - Exclusion of right of withdrawal

1. The entrepreneur can exclude the customer's right of withdrawal for products as described below in paragraph 2 and 3.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the customer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that have been specially ordered for the customer (with or without engraving).
3. Exclusion of the right of withdrawal is only possible for services whose delivery has started with the customer's explicit consent before the cooling-off period has expired.

Article 9 - The price
1. During the validity period stated in the offer, the prices of the products and/or services on offer shall 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 and on which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated them and:
(a) they are the result of legal regulations or stipulations; or
b) the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
4. Typing errors of prices reserved. If a typing error applies, Lovely Stones can unilaterally change the price retroactively, inform the customer and will immediately refund the purchase amount to the customer.
5) The prices mentioned in the offer of products or services are inclusive of VAT.

Article 10 - Conformity and Guarantee
1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the trader under the contract.

Article 11 - Delivery and implementation
1. The entrepreneur shall take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of that stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only be partially carried out, the consumer shall be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest 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. Lovely Stones will consult in advance about a replacement article. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment will be for the account of the entrepreneur.
6. If you have chosen 'standard shipping', you will receive the order via parcel post.

Article 12 - Duration transactions
1. The consumer may at any time terminate a contract that has been concluded for an indefinite period of time, subject to the applicable termination rules and a maximum notice period 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 the event of the consumer's silence, the distance contract shall be extended, the contract shall be continued as a contract for an indefinite period of time and the period of notice after continuation of the contract shall not exceed one month.

Article 13 - Payment
1. The customer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
2. In the event of non-payment by the customer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the customer in advance.
3. Most articles in our webshop are custom-made for you. The personalised nature means that the article made cannot be sold to other customers. For this reason, among others, we work exclusively with advance payment.

4. You can choose to pay via bank transfer to our bank account number. The bank account number can be found in the invoice of your order. It is also possible to choose payment by means of an electronic payment method, at the choice of the entrepreneur.

Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within 7 days fully and clearly described, after the customer has identified the defects.
3. Complaints submitted to the entrepreneur shall 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 respond within the 14-day period with a notice of receipt and an indication of when the customer can expect a more detailed answer.
4. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
5. Complaints regarding a part of the delivered order cannot be a reason to reject the entire order.

Article 15 - Disputes
1. Contracts between the trader and the customer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the client resides abroad.

Article 16 - Liability
Lovely Stones excludes liability arising from improper use of jewellery. Lovely Stones jewellery is not suitable for children under the age of 3 and must be worn under supervision at all times. Lovely Stones excludes liability for (allergic) reactions to jewellery and everything that can result from this.