Terms and conditions
GENERAL TERMS AND CONDITIONS
Article 1– Definitions: The following terms apply in these conditions:
Article 2 – Identity of the company
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
Article 5 – The agreement
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.