Terms and Conditions

 

• Definitions
  • 1. In these general terms and conditions, the following terms are used with the following meaning, unless explicitly stated otherwise or from the context otherwise:
    1. Marcel Vermeulen: the user of these general terms and conditions: Marcel Vermeulen Juwelier & Goudsmid B.V. located at Prinsestraat 5 in The Hague, registered with the Chamber of Commerce under Chamber of Commerce number 74458604;
    2. customer: any natural person or legal entity who enters into an agreement with Marcel Vermeulen, or who has received a quote / offer from Marcel Vermeulen or with whom Marcel Vermeulen has any legal relationship or for whom Marcel Vermeulen performs any legal act;
    3. agreement: the agreement between Marcel Vermeulen and the customer.

 

• General
  • 1. These general terms and conditions apply to every agreement between Marcel Vermeulen and the customer to which Marcel Vermeulen has declared these general terms and conditions applicable.
  • 2. Any deviations from these general terms and conditions are only valid if they have been explicitly agreed in writing or by e-mail.
  • 3. The applicability of any purchase or other conditions of the customer is explicitly rejected.
  • 4. If one or more of the provisions in these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions remain fully applicable. Marcel Vermeulen and the customer will then enter into consultation in order to agree on new provisions to replace the invalid or nullified provisions, whereby the purpose and purport of the original provision are observed as much as possible.

 

• Images of jewelry
  • 1. All images, drawings, data, concerning dimensions, colors, etc. of the offered jewelry included on the website, in brochures or in other publications, are only approximate and cannot give rise to compensation and / or dissolution.

 

• Offers, quotations and prices
  • 1. All offers and quotations are without obligation.
  • 2. Marcel Vermeulen is not bound by his offer or quotation if there are printing, typesetting or programming errors in his catalogs, mailings, quotation or on the website.
  • 3. All prices quoted include VAT.

 

• Realization of the agreement
  • 1. The agreement is concluded when the customer has accepted Marcel Vermeulen's offer.
  • 2. The customer cannot cancel the agreement or an order that has been placed.

 

• Execution of the agreement
  • 1. Marcel Vermeulen will execute the agreement to the best of his knowledge and ability and in accordance with the requirements of good workmanship. Repairs and / or other work on jewelry or stones that are the property of the customer are carried out at the expense and risk of the customer.
  • 2. Marcel Vermeulen has the right to engage third parties in the performance of the agreement, without notifying the customer, to purchase services from third parties and to have the agreement fully or partially performed by third parties and the associated costs to the customer by calculating.

 

• Natural materials
  • 1. Since the jewelry consists of natural materials, examples of the jewelry or examples of parts of the jewelry can only be considered as an indication, so that color and structure differences are permissible.
  • 2. Because the jewelery delivered consists of natural materials, properties associated with the natural materials, such as discoloration, cracking or breaking of the jewelery or a part thereof, cannot be attributed to Marcel Vermeulen. Therefore, no warranty is given on delivered jewelry or parts thereof.

 

• Jewelry that is made specifically for the customer
  • 1. If the jewelry is made specifically for the customer and the customer wishes to make changes to the design, the size or the materials of which the jewelry is made, the customer must inform Marcel Vermeulen as soon as possible. . Marcel Vermeulen will then let you know whether it is possible to implement the changes and what the possible additional costs are.
  • 2. If the changes cannot be made or if the customer does not agree to the additional costs, the jewelry will be made on the basis of the originally agreed specifications.

 

• Customer's Goods and Right of Retention
  • 1. If Marcel Vermeulen due to the performance of the agreement has goods of the customer in his possession, such as jewelry, stones or designs, then, without prejudice to the other provisions of these general terms and conditions, the provisions of this article apply.
  • 2. Marcel Vermeulen will take all safety measures that can reasonably be expected of him to prevent damage to the goods described in article 9.1.
  • 3. Marcel Vermeulen is never liable for damage to, destruction, loss or stolen of these goods during the period that Marcel Vermeulen has the goods in his possession.
  • 4. All safekeeping / storage of goods at Marcel Vermeulen will be at the expense and risk of the customer. The customer must always take out adequate insurance against all risks. The prices that Marcel Vermeulen charges for carrying out work on jewelry or stones owned by the customer are also not geared to insuring these goods.
  • 5. Marcel Vermeulen is authorized to suspend the delivery of goods that he has in his possession for the customer in connection with the performance of an agreement until the claims by the customer with regard to any agreement have been paid.

 

• Delivery
  • Stated delivery times cannot be regarded as strict deadlines.
  • Exceeding the specified delivery period never entitles the customer to compensation.
  • The customer is obliged to receive the delivered goods. If the customer fails to do so, the resulting costs, such as the costs for storage and insurance, will be for his account.

 

• Transfer of risk
  • The risk of loss or damage to the jewelery delivered is transferred to the customer at the moment it is delivered to the customer and thus placed under the control of the customer or of third parties to be designated by the customer.

 

• Payment
  • Marcel Vermeulen has the right to demand a deposit or full advance payment from the customer.
  • If the customer does not pay the amount charged in advance on time, Marcel Vermeulen has the right to suspend the execution of the agreement until the amount has been paid. Marcel Vermeulen is not liable for any damage resulting from the suspension.
  • If delivery is made on account, the customer must pay the invoice amount within the period stated on the invoice.
  • If the payment term is exceeded, the customer is legally in default after having been reminded by Marcel Vermeulen at least once to pay within a reasonable term. In that case, the customer owes the statutory interest from the date on which the amount owed has become due and payable until the time of payment. In addition, all costs of collection, after the customer is in default, both judicial and extrajudicial, will be borne by the customer. 15% collection costs will be charged over the first € 2,500, 10% collection costs will be charged over the next € 2,500 and 5% collection costs will be charged over the next € 5,000, with a minimum of € 40. .
  • In the event of liquidation, bankruptcy, seizure or suspension of payment of the customer, the claims of Marcel Vermeulen on the customer are immediately due and payable.

 

• Liability and prescription
  • Marcel Vermeulen cannot be held to pay compensation for any damage that is a direct or indirect consequence of:
    1. an event that is in fact beyond his control and thus cannot be attributed to his actions and / or omissions, as described, among other things, in Article 14;
    2. any act or omission of the customer or its subordinates.
  • Marcel Vermeulen is not liable for damage of any nature whatsoever because Marcel Vermeulen relied on incorrect and / or incomplete information provided by the customer.
  • Marcel Vermeulen is not liable for damage to the jewelry, for example due to improper or careless use.
  • Marcel Vermeulen is not liable for damage of any nature whatsoever arising from or attributable to deviations of goods or defective goods of the customer on which Marcel Vermeulen carries out work.
  • Marcel Vermeulen does not accept any liability if, contrary to Marcel Vermeulen's advice, the customer demands that certain activities must nevertheless be carried out.
  • If the customer or a third party makes changes to the jewelery delivered by Marcel Vermeulen, Marcel Vermeulen excludes any liability with regard to any damage.
  • Marcel Vermeulen cannot be held liable for a stone falling from a piece of jewelry delivered, processed, treated or repaired by Marcel Vermeulen, unless the customer proves that the stone's failure is the result of an attributable shortcoming on the part of Marcel Vermeulen.
  • Marcel Vermeulen is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business interruption.
  • If Marcel Vermeulen should be liable for any damage, then the liability of Marcel Vermeulen is limited to the amount of the payment made by Marcel Vermeulen's insurer. If in any case the insurer does not pay out or the damage is not covered by the insurance, then the liability of Marcel Vermeulen is limited to the amount that Marcel Vermeulen has charged the customer for the delivery, processing, treatment or repair. of the jewelry to which the liability relates.
  • The limitations of liability included in these general terms and conditions do not apply if the damage is due to intent or deliberate recklessness on the part of Marcel Vermeulen or his subordinates.

 

• Force of the majority
  • Marcel Vermeulen is not obliged to fulfill any obligation if prevented from doing so as a result of events that are in fact beyond the control of Marcel Vermeulen, or cannot be attributed to his actions and / or causes, are in any case considered: obstacles by third parties, including those of governments; barriers to transport; extreme weather conditions; full or partial work strikes; riots, wars or dangers of war, both in this country and in countries of origin of the jewelry or parts of the jewelry; loss or damage of jewelry during transport thereof; non-delivery or late delivery to Marcel Vermeulen by its suppliers; export and import bans; fires, malfunctions and accidents in the company of Marcel Vermeulen or its suppliers; the burning of means of transport of Marcel Vermeulen or its suppliers, the occurrence of malfunctions thereof, becoming involved in accidents thereof; the imposition of levies, or the taking of other measures by the government, causing changes in actual circumstances.
  • Force majeure also includes a shortcoming on the part of Marcel Vermeulen's suppliers as a result of which Marcel Vermeulen is unable to fulfill his obligations or to fulfill them in time or in full.
  • If the force majeure situation on the part of Marcel Vermeulen has lasted longer than 1 month, the parties have the right to dissolve the agreement.

 

• Complaints
  • Complaints about the delivered jewelery must be made known to Marcel Vermeulen immediately after delivery.
  • Complaints will not be processed if a defect in the jewelry is the result of:
    1. normal wear and tear;
    2. improper use;
    3. not or incorrectly performed maintenance;
    4. modifications or repairs by the customer or by third parties.
  • The right to complain lapses with regard to the goods processed and / or processed by or on behalf of the customer.

 

• Intellectual property rights
  • All documents provided by Marcel Vermeulen, such as quotations, advice, agreements, designs, sketches, drawings, etc., are exclusively intended for use by the customer and may not be reproduced or made public by him without the prior consent of Marcel Vermeulen. or be brought to the attention of third parties, unless the nature of the documents provided dictates otherwise.
  • In the event of unauthorized use of the documents, which expressly includes (digital) drawings, quotations, designs, etc., the customer is obliged to compensate Marcel Vermeulen for all damage he suffers as a result, such as, but certainly not limited to, lost turnover. / profit and the costs involved in drawing up the relevant designs, if these have been made exclusively for the customer.

 

• Suspension and termination
  • Marcel Vermeulen is entitled to suspend the execution of the agreement with immediate effect if after the conclusion of the agreement Marcel Vermeulen becomes aware of circumstances that give good reason to fear that the customer will not fulfill his (payment) obligations. If there are good grounds to fear that the customer will only partially or improperly fulfill his obligations, suspension is only permitted insofar as the shortcoming justifies it.
  • Marcel Vermeulen is authorized to dissolve the agreement if the customer does not or not fully comply with the obligations under the agreement and the customer has not complied with a notice of default sent.
  • Marcel Vermeulen is further authorized to dissolve the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if circumstances otherwise arise of such a nature that unaltered maintenance of the agreement cannot reasonably be expected.
  • Marcel Vermeulen is authorized to dissolve the agreement, if the customer requests suspension of payment or if it is granted to the customer, if the customer is declared bankrupt or a request is submitted, if the customer is unable to meet his debts, proceeds to the termination or liquidation of his company, is placed under guardianship, or if an administrator or trustee is appointed.

 

• confidentiality
  • Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information. The party receiving confidential information will only use it for the purpose for which it was provided.

 

• Applicable law and competent court
  • Dutch law applies to all agreements between the customer and Marcel Vermeulen.
  • All disputes regarding agreements between the customer and Marcel Vermeulen are submitted to the competent court in the district where Marcel Vermeulen is located. The customer, being a consumer, has 1 month after Marcel Vermeulen has invoked this clause in writing against the customer, to choose the competent court according to the law to settle the dispute.