General terms and conditions for TJALLINGII consumers.
1 DEFINITIONS
1.1 In these general terms and conditions the following definitions apply:
Reflection period: the period within which a buyer from the EU can exercise the Right of Withdrawal, namely fourteen (14) days after the Product has been delivered;
Right of withdrawal: the option to withdraw from the Agreement within the Reflection Period;
TJALLINGII: Trade name of seller, registered in the Trade Register of the Chamber of Commerce under number 90005252.
Agreement: the agreement between buyer and TJALLINGII regarding the purchase and delivery of the Product;
Product: the product purchased from TJALLINGII;
Website: the website on which TJALLINGII offers the Products for sale, namely www.TJALLINGII.com.
2 APPLICABILITY
2.1 These general terms and conditions apply to all communications with TJALLINGII and to every Agreement concluded with TJALLINGII.
2.2 Before the Agreement is concluded, the text of these general terms and conditions will be made available electronically and via the website. At any request, TJALLINGII will also send the general terms and conditions electronically or in another way free of charge.
2.3 All prices are in Euros and include VAT.
3 THE OFFER
3.1 If an offer is valid for a limited period or is made subject to conditions, this will be clearly stated in the offer.
3.2 The offer contains a description of the Product offered that is as complete and accurate as possible. The description is sufficiently detailed to enable a proper assessment of the offer. TJALLINGII cannot be held liable for obvious mistakes, obvious errors or obvious omissions.
3.3 If TJALLINGII uses images, these will provide the most truthful representation of the Product possible. However, the colours shown on the Website may slightly differ from the actual colours due to the settings of the device on which the images are displayed.
4 THE AGREEMENT
4.1 If TJALLINGII has made an offer, an Agreement will be concluded only by mutual acceptance and compliance with the conditions set.
4.2 Payment for the Product must be made electronically at the time of acceptance of the offer.
4.3 If the offer via the Website is accepted, TJALLINGII will immediately confirm the conclusion of the Agreement electronically. As long as receipt of this acceptance has not been confirmed by TJALLINGII, there is no Agreement.
4.3 If the Agreement is concluded via the Website, TJALLINGII will take technical and organizational measures to secure the electronic transfer of data, including electronic payment transactions.
4.4 TJALLINGII reserves the right not to enter into the Agreement, to change it before dispatch or to attach special -additional- conditions to the Agreement. In the event of a change to the Agreement, buyer may cancel the purchase.
4.5 If there is a wish to make any changes and/or additions after the Agreement has been concluded, these will only apply if they have been accepted in writing by TJALLINGII.
4.6. The Product will be shipped after TJALLINGII has definitively received payment for the Product.
4.6 TJALLINGII will unlock the following information, in writing or in such a way that it can be accessed or stored it in an accessible manner on a durable data carrier, at the latest when shipping the Product:
(a) the visiting address of the TJALLINGII office where complaints can be submitted;
(b) the price including all taxes of the Product; to the extent applicable application the costs of delivery; and the method of payment, delivery or execution of the Agreement;
(c) the conditions under which and the manner in which buyer can exercise the Right of Withdrawal, or a clear statement regarding the exclusion of the Right of Withdrawal; and
(d) the information about guarantees and existing after-sales service.
5 RIGHT OF WITHDRAWAL
5.1 If a buyer has purchased a Product via the Website and is a EU-citizen, there is an European right of Withdrawal during a Reflection Period of fourteen (14) days, without having to inform TJALLINGII the exact reason for cancellation.
5.2 The Reflection Period referred to in paragraph 1 commences on the day after buyer, or a third party designated by buyer in advance (who is not the carrier), has received the Product, or, if buyer has ordered multiple Products in the same order, the day on which buyer, or a third party designated by buyer, has received the last Product. TJALLINGII may refuse an order for multiple Products with different delivery times.
6 BUYER OBLIGATIONS DURING THE REFLECTION PERIOD
6.1 During the Reflection Period, buyer must handle the Product and its packaging with utmost care. Buyer can only unpack or use the Product to the extent necessary to determine the nature, characteristics and functioning of the Product. The Product is delivered sealed and must remain sealed at all times in order to be allowed to return the Product. As soon as the seal is broken, the right to return the Product expires.
6.2 The buyer is only liable for any depreciation in value of the Product and its packaging if this depreciation is the result of a way of handling the Product.
7 EXERCISE OF THE RIGHT OF WITHDRAWAL AND THE COSTS THEREOF
7.1 If the buyer exercises the Right of Withdrawal, is must be notified to TJALLINGII in clear writing within the Reflection Period.
7.2 The Product must, as soon as possible, but no later than fourteen (14) days from the day following the notification referred to in paragraph 1, be returned to TJALLINGII. This is not necessary if TJALLINGII has offered to collect the product.
7.3 The Product must be returned to TJALLINGII in its original condition, sufficiently insured, with proof of shipment and track- and tracing, with all accessories, in its original packaging, and in accordance with any additional instructions provided by TJALLINGII.
7.4 The buyer accepts the costs and risk and burden of proof for the correct and timely exercise of the Right of Withdrawal.
8 OBLIGATIONS OF TJALLINGII IN THE EVENT OF WITHDRAWAL
8.1 TJALLINGII will reimburse all payments charged by TJALLINGII for the returned Product as soon as possible, but no later than fourteen (14) days following the day on which TJALLINGII received the Product.
8.2 TJALLINGII will use the same payment method for reimbursement that is used to pay for the Product, unless agreed upon a different method.
8.3 Buyer is obliged to have reported any inaccuracies in the payment details provided or stated to TJALLINGII before the moment of reimbursement. The Buyer accepts the risk for the correct payment details.
9 EXCLUSION OF RIGHT OF WITHDRAWAL
9.1 TJALLINGII may exclude the following Products from the Right of Withdrawal, but only if it clearly states this in the offer, at least in good time before the conclusion of the Agreement:
(a) Products manufactured according to personal specifications, which are not prefabricated and which are manufactured on the basis of individual choice or decision, or which are clearly intended for a specific person.
10 PRICING AND PAYMENT
10.1 The prices stated in the offer of the Product are in euros including VAT and packaging and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.
10.2 During a validity period stated in the offer, the prices of the offered Product will not be increased, except for price changes due to fluctuations in the gold price or changes in VAT rates.
10.3 If payment obligation(s) have not been fulfilled at the time of purchase, TJALLINGII may, unless TJALLINGII has granted a period of fourteen (14) days to fulfil payment obligations, will take legal action. Buyer accepts all costs and risks related to that procedure.
11 EXECUTION AND WARRANTY
11.1 TJALLINGII guarantees that the Product complies with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date of the conclusion of the Agreement.
11.2 TJALLINGII does not guarantee that the Product is suitable for other than careful use. This is a unique, delicate and largely handmade Product that must be handled with care and caution.
11.3 All Products are made of 18 carat white gold (750/1000). TJALLINGII offers a guarantee on defects resulting from the manufacture of the Product for a period of six (6) months after receipt of the Product.
Inclusions or multicolour in the gemstones and/or diamonds are not considered defects, but purposely placed as part of the artwork.
11.4 Damage to or by the Product, regardless of the cause, is not covered by this guarantee. No guarantee is given with regard to:
(a) wear and tear or defects resulting from improper or careless use;
(b) changes to the Product caused by (un)intent, gross negligence or neglect.
11.5
The Product contains edges that may be sharp and cause damage or injury. The Product is a work of art and must carefully be used as such. TJALLINGII accepts no liability for any (personal or physical) damage caused by the use of the Product.
12 DELIVERY
12.1 TJALLINGII will take the greatest possible care regarding the Products.
12.2 The place of delivery is the address and personal data that the buyer leaves on the website at the moment of purchase. If the Product can not be delivered, any additional costs for an accurate delivery the Product will be charged.
12.3 TJALLINGII will carry out the delivery as soon as possible, but no later than fourteen (14) days after payment, unless a different delivery period has been agreed. This period is indicative. If delivery cannot be carried out (on time) it will be notified within fourteen (14) days after finalising the Agreement. In that case there is a the right to terminate the Agreement, free of charge.
12.4 After termination in accordance with the previous paragraph, TJALLINGII will refund the amount paid within fourteen (14) days in the manner stated in these terms and conditions.
12.5 The liability for any damage and/or loss of the Product rests with TJALLINGII until the moment of delivery of the Product. The liability for the Products passes to the buyer at the moment of delivery.
13 RETENTION OF OWNERSHIP
13.1 The ownership of the Product remains entirely with TJALLINGII until buyer has irrevocably fulfilled the obligations.
14 INTELLECTUAL PROPERTY
The copyright on the Product rests and remains with TJALLINGII. This right entails restrictions for buyer regarding the use, publication and reproduction of the Product.
15 FORCE MAJEURE
15.1 In the event of force majeure, TJALLINGII has the right to suspend the performance of its obligations or to (partially) terminate the Agreement in whole or in part, without buyer being able to assert any right or compensation for damage, costs or interest on that basis. TJALLINGII will inform buyer of this as soon as possible. TJALLINGII and buyer must make every effort to reach a solution. Examples of force majeure include: strikes, death, fire, transport disruption, war or violence and -in general- all unforeseen circumstances as a result of which compliance with the agreement can no longer be required of TJALLINGII.
15.2 TJALLINGII will perform its obligations to the best of its ability and is entitled to engage third parties for and in the performance of a service.
16 PRIVACY AND PERSONAL DATA
16.1 TJALLINGII guarantees that the data to be processed by it, the processing of the data and the result of that processing are not in conflict with applicable law, such as the General Data Protection Regulation (GDPR).
16.2 TJALLINGII refers to its privacy statement on the website.
17 COMPLAINTS
17.1 Complaints about the performance of the Product or the Agreement must be sent to TJALLINGII by e-mail, sufficiently motivated. TJALLINGII and buyer must make every effort to resolve each complaint by mutual agreement, before taking other (legal) measures.
17.2 Complaints submitted to TJALLINGII, if they are sufficiently motivated, will be answered in writing by TJALLINGII as soon as possible, but no later than thirty (30) days after receipt.
17.3 Buyer has the legal right also to file a complaint via the European Commission’s online dispute resolution platform.
18 CONTACT DETAILS TJALLINGII
Atelier Tjallingii
Postbus 12
6862 AA Oosterbeek
Phone number: +31 6 184 74 177
Email address: atelier@tjallingii.com
Chamber of Commerce number: 90005252
VAT number: NL004783547B48
19 DISPUTES AND APPLICABLE LAW
19.1 These general terms and conditions as well as the Agreement to which these general terms and conditions apply are exclusively governed by Dutch law.
19.2 All disputes will be settled exclusively by the competent judge of the Gelderland District Court, Arnhem location, unless another court has jurisdiction based on mandatory law.
