Terms and conditions

GENERAL TERMS AND CONDITIONS


 

Article 1– Definitions: The following terms apply in these conditions:

Company:
the natural or legal person remotely offering products and/or services to consumers.
Consumer:
the natural person not acting in the capacity of a profession or company and enters into a Distance Agreement with the Company.
Distance Agreement:
an agreement which, up until entering into the agreement and with regards to a system organised by the Company for remote sales of products and/or services, exclusively uses one or more technologies for distance communication.
Technology for distance communication:
Resource that can be used for entering into an agreement without requiring the consumer and the Company to be present in the same room.
Reflection period:
the term during which the consumer may exercise their right of withdrawal.
Right of withdrawal:
the option for the consumer to opt out of the Distance Agreement within the reflection period.
Day:
calendar day.
Durable data carrier:
any resource that enables the consumer or Company to store information directed at that party personally in a way that enables future reference and unmodified reproduction of the stored data.


 

Article 2 – Identity of the company

Amsterdam Diamonds BV

Amsterdamse Diamantbeurs
Prof. W.H. Keesomlaan 12 2e verd.
1183DJ Amstelveen, Netherlands

Tel: +31 (0) 20 369 4050
Mob: +31 (0) 653 561 562

E-Mail: wim@amsterdamdiamonds.com

Chamber of Commerce: 8251.6332


 

Article 3– Applicability

These general terms apply to every offer of the Company and on any Distance Agreement entered into between the Company and the consumer.

The contents of these general terms are made available to the consumer before the Distance Agreement is entered into. If this is reasonably impossible, it shall be indicated that the general terms can be consulted at the Company and that they can be sent to the consumer free of charge and as soon as possible, such before the Distance Agreement is entered into.

If the Distance Agreement is entered into electronically, the contents of these general terms may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer onto a durable data carrier, such in deviation of the previous paragraph and prior to entering into the Distance Agreement. If this is reasonably impossible, it shall be indicated that the general terms can be consulted by electronic means and that they can be sent to the consumer free of charge and as soon as possible by electronic means or by another method, such before the Distance Agreement is entered into.

In the event that, in addition to these general terms, specific product and/or service conditions also apply, the second and third paragraphs similarly apply and the consumer can always invoke the applicable provision that is most favourable to them in the event of conflicting general terms.


 

Article 4 – The offer

If the offer has a limited validity period or occurs under conditions, this is stated expressly in the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the Company uses images, these images are a truthful depiction of the offered products and/or services. Any mistakes or errors in the offer are not binding for the Company.
Each offer contains such information that the consumer is aware of their rights and obligations connected to accepting the offer. This specifically regards the following:
the price including or excluding taxes;
any delivery fees;
the method in which the agreement shall be entered into and any required actions regarding that method;
whether or not the right of withdrawal applies;
the method of payment, delivery or performance of the agreement;
the time allowed for acceptance of the offer or the time limit on the price;
the amount of the rate for distance communication if the costs of the use of the technology for distance communication is calculated on another basis than the basic rate;
if the agreement is archived after realisation, the method by which it can be consulted by the consumer;
the method by which the consumer can be informed of actions they do not desire prior to entering into the agreement as well as the method by which they can restore these before realising the agreement;
any languages, besides the Dutch language, in which the agreement can be entered into;
the codes of conduct to which the Company is subjected and the method by which the consumer can consult these codes of conducts by electronic means; and
the minimum duration of the Distance Agreement in the event of an agreement that covers continuous or periodical delivery of products or services.


 

Article 5 – The agreement

The agreement is realised, subject to what is stated in paragraph 4, at the moment of acceptance by the consumer of the offer and fulfilment of the set conditions.
If the consumer accepted the offer by electronic means, the Company confirms the receipt of acceptance of the offer without delay by electronic means. Until the receipt of acceptance has been confirmed, the consumer may terminate the agreement.
If the agreement is realised by electronic means, the Company takes appropriate technical and organisational measures to secure the electronic transfer of data and for a safe web environment. If the consumer can pay by electronic means, then the Company will observe appropriate safety measures.
The Company may - within legal frameworks - be informed whether the consumer can meet their payment obligations as well as all relevant facts and factors regarding responsibly entering into a Distance Agreement. If the Company, based on this investigation, is justified to not enter into the agreement, then it is entitled to refuse an order or application or to attach special conditions to the performance, such with indication of reasons.
The Company shall send to the consumer the following information, in writing or in such a way that the consumer has an accessible means of storing it on a durable data carrier, with the product or service:
the visiting address of the office of the Company where the consumer can direct complaints;
the conditions under which and the method by which the consumer can exercise their right of withdrawal or a clear notification regarding the exclusion of the right of withdrawal;
information regarding existing service following purchase and any warranties;
the information included in article 4, paragraph 3, unless the Company already provided this information to the consumer before performance of the agreement;
the requirements for cancelling the agreement if the agreement has a duration of more than one year or is valid for an indefinite period.
If the Company has committed to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.


 

Article 6a – Right of withdrawal for the delivery of products

When purchasing products, the consumer may dissolve the agreement without indication of reasons for fourteen working days. This period commences on the day of receipt of the product by or on behalf of the consumer.

During this period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product insofar required to assess whether they wish to keep the product. If the consumer invokes their right of withdrawal, they shall return the product and all delivered accessories and - if reasonably possible - in the original condition to the Company in accordance with the reasonable and clear instructions provided by the Company.


 

Article 6b – Right of withdrawal for the delivery of services

For the delivery of services, the consumer may dissolve the agreement without indication of reasons for seven working days. This period commences on the day the agreement is entered into.

To invoke their right of withdrawal, the consumer shall comply to the reasonable and clear instructions provided by the Company in the offer and/or at the latest at the place of delivery.


 

Article 7 – Costs in case of withdrawal

If the consumer invokes their right of withdrawal, only the costs for the return shipment are at their expense, if applicable.

If the consumer has paid an amount, the Company shall refund this as soon as possible and at the latest within 30 days after the return shipment or withdrawal.


 

Article 8 – Exclusion of right of withdrawal

If the consumer is not entitled to a right of withdrawal, this can only be excluded by the Company if the Company clearly states thus in the offer or duly prior to entering into the agreement.

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

  • that are produced by the Company according to specifications of the consumer;
  • that are clearly personal in nature;
  • that cannot be returned due to their nature;
  • that can quickly spoil or age;
  • of which the price is connected to fluctuations on the financial market which the Company cannot affect;
  • such as loose newspapers and magazines;
  • such as audio and video recordings and computer software to which the consumer has the encryption


 

Article 9 – The price

During the validity period stated in the offer, the prices of the offered products shall not be increased, except for price modifications resulting from VAT rates.

In deviation of the previous paragraph, the Company may offer products or services at fluctuating prices if these prices are connected to fluctuations on the financial market which the Company cannot affect. This connection to fluctuations and the fact that any listed prices are indicative prices are stated in the offer.

Price increases within 3 months upon realising the agreement are only allowed if they are the result of statutory regulations or provisions.

Price increases after 3 months upon realising the agreement are only allowed if the Company has stipulated such and if they are the result of statutory regulations or if the consumer is authorized to terminate the agreement as per the day the price increase commences.

The prices of products listed in the offer are including VAT.


 

Article 10 – Conformity and warranty

The Company warrants that the products and/or services meet the requirements of the agreement, the specifications listed in the offer, the reasonable requirements of adequacy and/or suitability and the statutory provisions and/or government regulations in place at the date of entering into the contract.

A warranty scheme offered by the Company, manufacturer or importer leaves unaffected the rights and claims which the consumer may have concerning a shortcoming in fulfilment of obligations of the Company towards the Company pursuant the law and/or the Distance Agreement.


 

Article 11 – Delivery and performance

The Company shall observe the utmost care in receiving and in the performance of orders of products and in the assessment of requests for service provision.

The address indicated by the consumer to the Company is considered the delivery address.

Observing any provisions regarding this in article 4 of these general terms and conditions, the Company shall perform accepted orders with appropriate haste and within 30 days at the latest, unless a longer delivery term was agreed upon. If the delivery is delayed or if an order cannot or can only partially be performed, the consumer shall be notified of this one month after placing the order at the latest. In that case, the consumer is entitled to terminate the agreement without costs and to compensation, if applicable.

In the event of termination as a result of the previous paragraph, the Company shall refund the amount paid by the consumer as soon as possible and within 30 days upon termination at the latest.

If the delivery of an ordered product appears impossible, the Company shall commit to make a replacement article available. A notification that a replacement article shall be delivered shall be communicated at a clear and comprehensible manner and at the latest at the time of delivery. The right of withdrawal cannot be excluded for replacement articles. The costs for return shipment are at the expense of the Company.

The risk of damage and/or missing products is borne by the Company until the moment of delivery to the consumer, unless agreed upon otherwise.


 

Article 12– Payment

Payments are made to the ING bank account NL84 INGB 0009 0882 81 in the name of Amsterdam Diamonds or in cash to the legal representative of Amsterdam Diamonds / BiDiAm CV.

Ordering a product or commissioning an order for manufacturing a product requires a deposit equalling 50% of the agreed-upon purchase sum. On the day of shipment of the product, the remaining 50% should be paid into the bank account of Amsterdam Diamonds or, at the moment of delivery, to a legal representative of Amsterdam Diamonds / BiDiAm CV.

The consumer cannot invoke any rights regarding the performance of the order in question before a deposit was made.

The consumer is obligated to report any inaccuracies in provided or listed payment details to the Company without delay.

In the event of non-payment by the consumer, the Company is entitled to charge any reasonably incurred costs that were announced priorly, insofar the law allows.


 

Article 13– Complaints scheme

Complaints regarding the performance of the agreement should be submitted to the Company within an appropriate period after the consumer observed the deficiencies and should be described clearly and in full.

Any complaints submitted to the Company are responded to within a term of 14 days from the day of the receipt of the complaint. If a complaint requires a foreseeable longer processing time, the Company shall answer within the term of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed response.


 

Article 14 – Supplemental or deviating provisions

Supplemental provisions or provisions deviating from these terms and conditions should not be at a disadvantage to the consumer and should be laid down in writing in such a manner that they can be accessibly recorded on a durable data carrier by the consumer.


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Contact

Amsterdam Diamonds BV

Amsterdamse Diamantbeurs
Prof. W.H. Keesomlaan 12 2e verd.
1183DJ Amstelveen, Netherlands

Tel: +31 (0) 20 369 4050
Mob: +31 (0) 653 561 562

E-Mail: wim@amsterdamdiamonds.com

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