Terms and Conditions:

Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Customers’ obligations in case of withdrawal
Article 8 – Customers who exercise their right of withdrawal and the costs involved
Article 9 – Traders’ obligations in case of withdrawal
Article 10 – Precluding the right of withdrawal
Article11 – The price
Article 12 – Delivery and implementation
Article 13 – Complaints procedure
Article 14 – Disputes
Article 15 – Additional or different stipulations

Article 1 – Definitions

The following definitions apply in these terms and conditions:

Supplementary agreement: an agreement in which a consumer obtains products, digital content and/or services via a distance contract, and a trader or a third party delivers these products, digital content and/or services in accordance with an agreement between that third partyand the trader;
Withdrawal period: the period within which a consumer can make use of his right of withdrawal;
Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
Day: calendar day
Extended duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
Durable medium: every means – including emails – that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;
Trader: Wilhelmina Jewelry, who offers products and services to consumers from a distance;
Distance contract: a contract concluded between a trader and a consumer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.

Article 2 – Identity of the trader

Name trader: Quebella

Registered adress:
De Kievit 17

3958DD Amerongen

E-mail: info@wilhelminajewelry.com

Phone: 06 21 800 447 [mon-fri 10:00 tot 17:00]

Chamber of Commerce number: 30256922
VAT identification number: NL162517622B01

Article 3: Applicability

  1. These general terms and conditions apply to every offer made by a trader and to every distance contract that has been realized between an trader and a consumer.
  2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly 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 consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
  4. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.

Article 4 – The offer

  1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
  3. Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.
  4. The offered products are handmade and unique. Therefore most products will be removed from the web shop when they are sold. If more are made, or are returned, products might reappear in the web shop.

Article 5 – The contract

  1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
  3. If the contract is concluded electronically, the trader will take suitable 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 trader will take suitable security measures.
  4. The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
  5. The trader will send to a consumer, at the latest when delivering a product, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:

a. the office address of the trader’s business location where the consumer can lodge complaints;

b. the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;

c. information on guarantees and existing after-sales service;

d. the information named in article 4, clause 3, except if this information has been given to the consumer before the implementation of this agreement.

e. the requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite;

Article 6 – Right of withdrawal

1. When purchasing products, a consumer has the right to dissolve a contract, without giving reasons, during a period of at least 14 days. This withdrawal period starts the day after the consumer, or a third party designated by the consumer known to the trader, receives the product.

2. During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.

3. As quickly as possible, but no later than 14 days after the day of reporting the wish to withdraw the agreement to the trader, the consumer is required to return the product using the method specified by the trader.

4. When a product has been worn/used or has been damaged, the right for withdrawal expires and the product can no longer be returned.

Article 7 – Costs in case of withdrawal

  1. The consumer bears the direct costs of returning the product. This cost will maximally be the cost of return shipping.
  2. The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer.
  3. If the consumer has paid a sum of money, the trader will return this sum of money as quickly as possible, but at the latest 31 days after the withdrawal. This is on the condition that the product has been received by the trader or that there is conclusive evidence of the return shipment.

Article 8 – Precluding the right of withdrawal

The trader can preclude the right of withdrawal for the following products and services, but only if the trader stated this clearly when making the offer, or at least in good time prior to conclusion of the contract:

  1. Products or services whose prices are subject to fluctuations on the financial market over which the trader has no influence and which can occur within the period of withdrawal;
  2. Preclusion of the right of withdrawal is only possible for products:
    a. which have been manufactured based on specifications of the consumers
    b. which are clearly of a personal nature
    c. which can’t be returned because of their nature
    d. for hygienic products of which the customer has broken the seal

Article 9 – The price

  1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
  2. Contrary to the previous paragraph, the trader may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the trader has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
  3. Prices stated in offers of products or services include VAT.

Article 10 – Compliance and extra guaranty

  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 usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfillment of the Entrepreneur’s obligations if the Entrepreneur has failed in the fulfillment of his part of the agreement.

Article 11 – Supply and implementation

  1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is deemed to be the address that the consumer makes known to the company.
  3. Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge.
  4. Following dissolution in accordance with the previous paragraph, the trader refunds the consumer within 30 days the sum he had paid.
  5. In case that the delivery of an ordered product is deemed impossible by the trader, the trader will make an effort to offer an alternative product. At the latest during delivery, the consumer will be notified that an alternative product will be delivered. The right of withdrawal cannot be precluded in this case. The return shipping is also paid for by the trader.
  6. The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to the trader, unless this has explicitly been agreed otherwise.

Article 12Payment

  1. Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the consumer must be settled within 7 days after the start of the withdrawal period as referred to in Article 6 clause 1.
  2. Because the products of the trader are of value, the products will only be shipped when payment is received in full.
  3. The consumer has the duty to inform the trader promptly of possible inaccuracies in the payment details that were given or specified.
  4. In case the consumer has not complied with his payment obligation(s) in time, the trader has, precluding legal limitations, has the right to charge the consumer all costs which have been reasonable made known to the consumer in advance.

Article 13 – Complaints procedure

  1. The trader provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
  2. A consumer who has discovered shortcomings in the implementation of a contract must submit any complaints to the trader without delay, in full and with clear descriptions.
  3. A reply to complaints submitted to the trader will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.

Article 14 – Disputes

  1. Contracts entered into between a trader and a consumer and which are subject to these general terms and conditions are subject only to Dutch law.

Article 15 – Additional or different stipulations

Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.