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Terms and Conditions

Table of 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 the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration 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 terms and conditions, the following definitions apply:

    1. Reflection period: the period within which the consumer can exercise his right of withdrawal; Read everything about the reflection period


    1. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;


    1. Day: calendar day;


    1. Durable transaction: a distance agreement concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;


    1. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows for future consultation and unchanged reproduction of the stored information.


    1. Right of withdrawal: the possibility for the consumer to withdraw from the distance agreement within the reflection period;


    1. Model form: the model form for withdrawal that the entrepreneur makes available, which a consumer can fill out when he wishes to exercise his right of withdrawal.


    1. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;


    1. Distance agreement: an agreement in which, as part of a system organized by the entrepreneur for the remote sale of products and/or services, the agreement is concluded exclusively using one or more techniques for distance communication;


    1. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being present in the same space at the same time.


    1. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.



Article 2 - Identity of the entrepreneur


Ace of Cups Jewellery
Tweede Jan van der Heijdenstraat 72-II
1074XX Amsterdam
Netherlands

Contact person: Barbra Jacobsen (owner)

T  06 11166245
E info@aceofcupsjewellery.nl
Chamber of Commerce 73599697
VAT number NL001611668B53

Article 3 - Applicability



    1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.


    1. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge as soon as possible upon request.


    1. If the agreement is concluded electronically at a distance, in deviation from the previous paragraph and before the distance agreement 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, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.


    1. In case specific product or service conditions also apply alongside these general terms and conditions, the second and third paragraphs apply accordingly, and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting general terms and conditions.


    1. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will remain in effect for the rest, and the relevant provision will be promptly replaced by a provision that approximates the intent of the original as closely as possible through mutual consultation.


    1. Situations not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.


    1. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.



Article 4 - The offer



    1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.


    1. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.


    1. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a good 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 errors in the offer do not bind the entrepreneur.


    1. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.


    1. Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.


    1. Each offer contains such information that it is clear to the consumer what rights and obligations are connected to the acceptance of the offer. This concerns in particular:

        • the price including taxes;

        • any shipping costs;

        • the manner in which the agreement will be concluded and which actions are necessary for that;

        • whether or not the right of withdrawal applies;

        • the method of payment, delivery, and execution of the agreement;

        • the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;

        • the amount of the rate for 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 communication medium used;

        • or whether the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;

        • the way in which the consumer can check and, if desired, correct the data provided by him in the context of the agreement before concluding the agreement;

        • any other languages in which, besides Dutch, the agreement can be concluded;

        • the codes of conduct to which the entrepreneur has subscribed and the manner in which the consumer can consult these codes of conduct electronically; and

        • the minimum duration of the distance agreement in case of a duration transaction.




Article 5 - The agreement



    1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.


    1. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm the receipt of the acceptance of the offer electronically. As long as the agreement from this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.


    1. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.


    1. The entrepreneur can - within legal frameworks - ascertain whether the consumer can meet his payment obligations, as well as all facts and factors that are relevant for responsibly entering into the distance agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, he is entitled to refuse an order or request with justification or to attach special conditions to the execution.


    1. The entrepreneur will provide the consumer with the following information regarding the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

        • the visiting address of the entrepreneur's establishment where the consumer can go with complaints;

        • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notice regarding the exclusion of the right of withdrawal;

        • the information about guarantees and existing after-sales service;

        • the data included in article 4 paragraph 3 of these terms, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;

        • the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.



    1. In the case of a continuous transaction, the provision in the previous paragraph only applies to the first delivery.


    1. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.



Article 6 - Right of withdrawal


Upon delivery of products:

    1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons within 14 days. This reflection period starts the day after the product is received by the consumer or a representative designated in advance by the consumer and known to the entrepreneur.


    1. 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 with all delivered 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.


    1. When the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receiving the product. The consumer must make this notification using the model form or by means of another communication method such as email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example by means of proof of shipment.


    1. If the customer has not indicated after the periods mentioned in paragraphs 2 and 3 that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is final.



Upon delivery of services:

    1. Upon delivery of services, the consumer has the option to terminate the agreement without giving reasons for at least 14 days, starting from the day of entering into the agreement.


    1. To exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest at the time of delivery.



Article 7 - Costs in case of withdrawal



    1. If the consumer exercises their right of withdrawal, the maximum costs of return shipping will be at their expense.


    1. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is on the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be provided. The refund will be made using the same payment method used by the consumer unless the consumer explicitly consents to a different payment method.


    1. In case of damage to the product due to careless handling by the consumer themselves, the consumer is liable for any decrease in value of the product.


    1. The consumer cannot be held liable for a decrease in value of the product when the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the conclusion of the purchase agreement.



Article 8 - Exclusion of the right of withdrawal



    1. The entrepreneur 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 the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.


    1. Exclusion of the right of withdrawal is only possible for products:

        • that have been created by the entrepreneur according to the specifications of the consumer;

        • that are clearly personal in nature;

        • that by their nature cannot be returned;

        • that can spoil or age quickly;

        • whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;

        • for loose newspapers and magazines;

        • for audio and video recordings and computer software of which the consumer has broken the seal;

        • for hygienic products for which the consumer has broken the seal.



    1. Exclusion of the right of withdrawal is only possible for services:

        • concerning accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;

        • for which delivery has begun with the explicit consent of the consumer before the reflection period has expired;

        • concerning bets and lotteries.




Article 9 - The price



    1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.


    1. Contrary to the previous paragraph, the entrepreneur may offer products or services with variable prices if their prices are tied to fluctuations in the financial market and the entrepreneur has no influence on them. This linkage to fluctuations and the fact that any stated prices are indicative prices are mentioned in the offer.


    1. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.


    1. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and:

        • these are the result of statutory regulations or provisions; or

        • the consumer has the right to terminate the agreement from the day the price increase takes effect.



    1. The prices mentioned in the offer of products or services are inclusive of VAT.


    1. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.



Article 10 - Conformity and warranty



    1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.


    1. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may assert against the entrepreneur under the agreement.


    1. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months of discovering the defect.


    1. The entrepreneur's warranty period corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.


    1. The warranty does not apply if:

        • the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;

        • the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or are in violation of the instructions of the entrepreneur and/or have been treated on the packaging;

        • the defectiveness is wholly or partially the result of regulations imposed by the government regarding the nature or quality of the materials used.




Article 11 - Delivery and execution



    1. The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing requests for the extension of services.


    1. The place of delivery is the address that the consumer has made known to the company.


    1. With due regard to what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement at no cost. The consumer is not entitled to compensation.


    1. All delivery times are indicative. The consumer cannot derive any rights from any mentioned times. Exceeding a deadline does not entitle the consumer to compensation.


    1. In the event of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.


    1. If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably communicated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.


    1. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and known to the entrepreneur, unless expressly agreed otherwise.



Article 12 - Duration transactions: duration, cancellation, and extension


Termination

    1. The consumer can terminate an agreement entered into for an indefinite period and aimed at the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of no more than one month.


    1. The consumer can terminate an agreement entered into for a fixed term and aimed at the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, observing the agreed termination rules and a notice period of no more than one month.


    1. The consumer can terminate the agreements mentioned in the previous paragraphs:

        • terminate at any time and not be limited to termination at a specific time or during a specific period;

        • at least terminate in the same manner as they were entered into by him;

        • always terminate with the same notice period as the entrepreneur has stipulated for themselves.




Extension

    1. An agreement entered into for a fixed term and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.


    1. Notwithstanding the previous paragraph, an agreement entered into for a fixed term and aimed at the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, provided the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.


    1. An agreement entered into for a fixed term and aimed at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and with a notice period of no more than three months if the agreement is aimed at the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.


    1. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly renewed and ends automatically after the trial or introductory period.



Duration

    1. If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.



Article 13 - Payment



    1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.


    1. The consumer is obliged to immediately report any inaccuracies in the provided or stated payment details to the entrepreneur.


    1. In case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs previously communicated to the consumer.



Article 14 - Complaints procedure



    1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.


    1. Complaints regarding the execution of the agreement must be submitted to the entrepreneur in full and clear detail within 2 months after the consumer has identified the defects.


    1. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.


    1. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.


    1. In case of complaints, a consumer should first turn to the entrepreneur. If the web shop is affiliated with WebwinkelKeur and in cases where complaints cannot be resolved through mutual consultation, the consumer should turn to WebwinkelKeur (www.webwinkelkeur.nl), this will mediate for free. Check if this web shop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution has still not been reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by WebwinkelKeur, the ruling of which is binding and both the entrepreneur and consumer agree to this binding ruling. There are costs associated with submitting a dispute to this disputes committee that must be paid by the consumer to the relevant committee. 


    1. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.


    1. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.



Article 15 - Disputes



    1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate. This also applies if the consumer resides abroad.


    1. The Vienna Sales Convention does not apply.



Article 16 - Additional or deviating provisions


Additional provisions that deviate 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.