Article 1 – Definitions
In these terms and conditions, the following definitions apply:
1. Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
2. 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;
3. Distance contract: an agreement concluded within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, whereby, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication;
4. Means of distance communication: a means that can be used to conclude an agreement, without the consumer and entrepreneur being present in the same place at the same time;
5. Reflection period: the period within which the consumer can exercise their right of withdrawal;
6. Right of withdrawal: the option for the consumer to cancel the distance contract within the reflection period;
7. Day: calendar day; 8. Duration transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Durable medium: any instrument that enables the consumer or entrepreneur to store information addressed personally to them in a way that facilitates future consultation and unaltered reproduction of the stored information.

 

Article 2 – Identity of the entrepreneur

ML Zegers
JewelryByLouLou
Tilburgseweg 5
5066 BT Moergestel
Telephone number: 0031-636323252
Email address: info@jewelrybyloulou.com

Chamber of Commerce number: 83982159

VAT number: NL003907390B40

Article 3 - Applicability
1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded 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, the consumer will be informed before the distance contract is concluded that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible at the consumer's 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 the consumer can easily store them on a durable data carrier. If this is not reasonably possible, the consumer will be informed before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the consumer electronically or otherwise at 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 accordingly and, in the event of conflicting general terms and conditions, the consumer can 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 will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these must be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on 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;
• any delivery costs;
• the manner in which the agreement will be concluded and the actions required for this;
• the applicability or otherwise of the right of withdrawal;
• the method of payment, delivery, or performance of the agreement; • the period for accepting the offer or the period for adhering to the price;
• the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the basic rate;
• if the agreement is archived after its conclusion, how it can be consulted by the consumer;
• the way in which the consumer can become aware of actions they do not want before concluding the agreement, as well as how they can rectify these before the agreement is concluded;
• the languages, in addition to Dutch, in which the agreement can be concluded;
• the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of an agreement for the continuous or periodic delivery of products or services.

Article 5 - The Agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer may terminate 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 ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has valid reasons not to enter into the agreement, they are entitled to reject an order or request, stating their reasons, or to impose special conditions on its execution.
5. The entrepreneur will include the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the consumer can submit complaints;
b. 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;
c. information about existing after-sales service and guarantees;
d. the information included in Article 4, paragraph 3, of these terms and conditions, unless the entrepreneur has already provided this information to the consumer prior to the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. 6. If the entrepreneur has committed to supplying a series of products or services, the provision in the previous paragraph only applies to the first delivery.


Article 6a - Right of Withdrawal upon Delivery of Products
1. When purchasing products, the consumer has the right to cancel the agreement without giving reasons within fourteen business days. This period commences on the day after the consumer receives the product.
2. During this period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they 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.


Article 6b - Right of Withdrawal for the Delivery of Services
1. When services are delivered, the consumer has the right to cancel the agreement without giving reasons within fourteen business days, starting on the date the agreement is concluded.
2. To exercise their right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or no later than upon delivery.


Article 7 - Costs in case of withdrawal
1. If the consumer exercises their right of withdrawal, they will be responsible for no more than the costs of returning the product.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.

Article 8 - Exclusion of the Right of Withdrawal
1. If the consumer does not have a right of withdrawal, the entrepreneur may only exclude this right if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a) that have been created by the entrepreneur according to the consumer's specifications;
b) that are clearly personal in nature;
c) that cannot be returned due to their nature;
d) that can spoil or become obsolete quickly;
e) whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f) for individual newspapers and magazines;
g) for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a) relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period; b) the supply of which began with the consumer's express consent before the cooling-off period expired;
c) relating to 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 due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market over which the entrepreneur has no control. This subjection to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
3. Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of statutory 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:
a) they are the result of statutory regulations or provisions; or
b) the consumer has the authority to terminate the agreement with effect from the date on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.


Article 10 - Conformity and Warranty
1. The entrepreneur warrants 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 in force on the date the agreement is concluded.
2. A warranty offered by the entrepreneur, manufacturer, or importer does not affect the rights and claims that the consumer can assert against the entrepreneur under the law and/or the distance contract in the event of a failure to fulfill the entrepreneur's obligations.


Article 11 - Delivery and Execution
1. The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has provided to the company.
3. Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than one month after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to any compensation.
4. In the event of termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after termination. 5. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The fact that a replacement item is being delivered will be clearly and comprehensibly communicated, no later than upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of return shipping are borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.


Article 12 - Long-Term Transactions
1. The consumer may terminate an agreement concluded for an indefinite period at any time, subject to the agreed termination rules and a notice period of no more than one month.
2. An agreement concluded for a fixed period has a maximum term of two years. If it has been agreed that the distance contract will be extended in the event of the consumer's silence, the agreement will continue as an indefinite-term contract, and the notice period after the extension of the agreement will be no more than one month.

Article 13 - Payment
1. Unless a later date has been agreed, amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, in the case of an agreement to provide a service, within 14 days after issue of the documents relating to this agreement.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. If an advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer is obligated to immediately report any inaccuracies in the payment details provided or stated to the entrepreneur.
4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory restrictions, to charge the consumer 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 procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.

Article 15 - 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 storage device.