General Terms and Conditions

Terms and conditions and model withdrawal form, also available for download as a PDF.

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 - Continuing performance contracts: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or differing provisions

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off period: The period within which the consumer can exercise their right of withdrawal;
  2. Consumer: The natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  3. Day: Calendar day;
  4. Continuing performance contract: A distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
  5. Durable data carrier: Any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows for future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: The consumer's option to withdraw from the distance contract within the cooling-off period;
  7. Model form: The model withdrawal form provided by the entrepreneur that a consumer can complete if they wish to exercise their right of withdrawal.
  8. Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance;
  9. Distance contract: An agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
  10. Means of distance communication: A means that can be used for concluding an agreement, without the consumer and entrepreneur being simultaneously in the same room.
  11. General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Kiliaan Jewelry
Van Lenneplaan 33
1217 NB Hilversum

Monday to Friday from 10:00 AM to 4:00 PM
Phone number: 06-55357749
Email address: hello@kiliaanjewelry.nl
Chamber of Commerce number: 33294105
VAT identification number: NL001291174B10

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.
  2. 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and will be sent to the consumer free of charge 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 may 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 contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or by other means upon the consumer's request.
  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 mutatis mutandis, and the consumer can always invoke the most favorable applicable provision in case of conflicting general terms and conditions.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or are annulled, the agreement and these conditions will otherwise remain in force and the relevant provision will be immediately replaced by a provision that approximates the intent of the original as closely as possible, by mutual agreement.
  6. Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
  7. Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions should 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 subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
  5. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  6. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the manner in which the agreement will be concluded and what actions are required for this;
    • 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 means of distance communication are calculated on a basis other than the regular basic rate for the communication medium used;
    • whether the agreement will be archived after conclusion, and if so, how it can be consulted by the consumer;
    • the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, correct it;
    • any other languages in which, in addition to Dutch, the agreement can be concluded;
    • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the case of a continuing performance contract.

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 fulfills the conditions set forth therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the 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 will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
  4. The entrepreneur can - within legal frameworks - inquire whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request with reasons, or to attach special conditions to its execution.
  5. The entrepreneur will send 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 manner on a durable data carrier:
    • the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
    • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • information about warranties and existing after-sales service;
    • the data included in article 4, paragraph 3 of these terms and conditions, 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.
  6. In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
  7. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

For product deliveries:

  1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
  2. During the cooling-off period, the consumer will handle the product and its 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 accessories supplied and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. When the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must do this using the model form or by means of another means of communication such as email. After the consumer has made known 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 on time, for example by means of proof of shipment.
  4. If the customer has not made known his intention to exercise his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.

For service deliveries:

  1. When services are delivered, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement is entered into.
  2. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

  1. If the consumer exercises their right of withdrawal, they will bear at most 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 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for another payment method.
  3. In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.
  4. The consumer cannot be held liable for the depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal 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 is only valid if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    • that have been created by the entrepreneur in accordance with the consumer's specifications;
    • that are clearly personal in nature;
    • that cannot be returned due to their nature;
    • that can spoil or age quickly;
    • whose price is subject to fluctuations in 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 of which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    • concerning accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
    • the delivery of which has begun with the explicit consent of the consumer before the cooling-off period has expired;
    • concerning betting and lotteries.

Article 9 - The price

  1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This connection to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    • they are the result of legal regulations or provisions; or
    • the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.
  6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to 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 of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not detract from the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. Products must be returned in their original packaging and in new condition.
  4. The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur 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.
  5. The warranty does not apply if:
    • the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
    • the delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly or contrary to the instructions of the entrepreneur and/or as treated on the packaging;
    • the defectiveness is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

  1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  • Subject to the provisions of paragraph 4 of this article, the company will execute accepted orders with due speed 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 be executed or can only be partially 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 dissolve the agreement free of charge. 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 give the consumer the right to compensation.
  • In case of dissolution 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 dissolution.
  • If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the entrepreneur.
  • The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and made known representative of the entrepreneur, unless expressly agreed otherwise.

    • Article 12 - Long-term transactions: duration, termination and extension

    Termination

    1. The consumer can terminate an agreement entered into for an indefinite period and which relates to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed termination rules and a notice period of no more than one month.
    2. The consumer can terminate an agreement entered into for a definite period and which relates to the regular delivery of products (including electricity) or services, at any time at the end of the definite period with due observance of the agreed termination rules and a notice period of no more than one month.
    3. The consumer can terminate the agreements referred to in the previous paragraphs:
      • at any time and not be limited to termination at a specific time or in a specific period;
      • at least in the same manner as they were entered into by him;
      • always with the same notice period as the entrepreneur has stipulated for himself.

    Extension

    1. An agreement entered into for a definite period and which relates to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite duration.
    2. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which relates to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
    3. An agreement entered into for a definite period and which relates to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement relates to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
    4. An agreement of limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end 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 no more than 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 commencement of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
    2. The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.
    3. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.

    Article 14 - Complaints procedure

    1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
    2. Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.
    3. Complaints submitted to the entrepreneur will 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 an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
    4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
    5. In the event of complaints, a consumer must first contact the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and in the event of complaints that cannot be resolved by mutual agreement, the consumer must contact Stichting WebwinkelKeur (www.webwinkelkeur.nl), who will mediate free of charge. Check if this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur; its decision is binding and both entrepreneur and consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
    6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
    7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.

    Article 15 - Disputes

    1. Agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. This also applies if the consumer lives abroad.
    2. The Vienna Sales Convention is not applicable.

    Article 16 - Additional or deviating provisions

    Additional or deviating provisions 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.


    Appendix I: Model withdrawal form (doc)


    Model withdrawal form


    (only complete and return this form if you wish to withdraw from the contract)

    a. To: [name of entrepreneur]
    [geographical address of entrepreneur]
    [fax number of entrepreneur, if available]
    [email address or electronic address of entrepreneur] 

    b. I/We* hereby inform you that I/we* wish to withdraw from our contract regarding
    the sale of the following products: [description of product]*
    the supply of the following digital content: [description of digital content]*
    the provision of the following service: [description of service]*,
    revoke/revoke*
     

    c. Ordered on*/received on* [date of order for services or receipt for products]  
    d. [Name of consumer(s)]
    e. [Address of consumer(s)]
    f. [Signature of consumer(s)] (only if this form is submitted on paper)


    * Delete what is not applicable or fill in what is applicable.