General terms and conditions

Article 1. General
Article 2. Offers and conclusion of agreements
Article 3. Prices / Price increase
Article 4. Delivery
Article 5. Delivery time
Article 6. Approval period and Dissolution
Article 7. Force majeure
Article 8. Guarantee
Article 9. Payment
Article 10. Retention of title
Article 11. Privacy
Article 12. Intellectual property rights
Article 13. Applicable law
Article 14. Disputes
Article 15. Changes

Article 1. General
1.1 'SILK JEWELLERY B.V.' is registered with the Chamber of Commerce under number 65748565.
1.2 These conditions are part of all offers and agreements with SILK JEWELLERY B.V. insofar as this has not been expressly deviated from in writing.
1.3 These conditions also apply if SILK JEWELLERY B.V. must engage third parties for the execution of agreements.
1.4 Unless otherwise agreed in writing, the general or specific terms or conditions of third parties are not acknowledged by SILK JEWELLERY B.V.
1.5 In the event that the terms and conditions and an agreement contain conflicting clauses, the agreement will prevail.
1.6 If any part of the terms and conditions is void or destroyed, the remaining provisions of the terms and conditions will remain in full force and the parties will be bound to endeavour to determine in good consultation a replacement clause that is valid and the original intentions of parties as closely as possible.
1.7 The original version of these terms and conditions is established in Dutch. In the event of a dispute or contradiction between this translation and the original, the Dutch text will prevail.

Article 2. Offers and conclusion of agreements
2.1 All offers are without obligation, unless expressly stated otherwise by SILK JEWELLERY B.V .
2.2 Agreements to supply goods bind SILK JEWELLERY B.V. only after written confirmation. Actual execution by SILK JEWELLERY B.V. or one by SILK JEWELLERY B.V.’s sent invoice is equivalent to a written confirmation of the offer.
2.3 If the correctness of the content of this written confirmation is not contested within 8 days, also in writing, SILK JEWELLERY B.V. and customer are bound by this.
2.4 Offers from SILK JEWELLERY B.V. do not automatically apply to repeat orders.
2.5 SILK JEWELLERY B.V. cannot be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or clerical error.
2.6 Additions, changes and / or further agreements are only effective if agreed in writing.

Article 3. Prices / Price increase
3.1 All prices are expressed in euros, unless stated otherwise, including turnover tax (VAT).
3.2 The prices of SILK JEWELLERY B.V. are subject to the commodity price changes of precious metals on the world market. Fluctuations in these market prices can therefore periodically lead to price increases. SILK JEWELLERY B.V. has the right to make a price increase on these grounds, even if the goods have already been ordered and have the status "to be delivered" or "backorder".
3.3 In the event of a price increase between the time of the conclusion of the agreement and delivery, the customer has the right to cancel the distance contract on the day on which the price increase takes effect. This right expires 10 days after SILK JEWELLERY B.V. has made the price increase known to the customer.
3.4 The provisions of Article 3.2 do not apply if the price increase is the result of statutory regulations and/or provisions.

Article 4. Delivery
4.1 If items are available from stock, they will be shipped immediately after ordering. In the case of consumers, the order will be shipped immediately after receipt of payment. SILK JEWELLERY B.V. can charge shipping costs for ordered goods. The delivery of ordered items takes place at the postal address known by SILK JEWELLERY B.V., not being of a temporary nature, and issued to the natural person who is at the delivery address.
4.2 The customer must sign for receipt of the products. This is only different if the customer has grounds for refusal on the basis of the law.
4.3 If the customer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, the articles will be stored at the expense and risk of the customer.
4.4 SILK JEWELLERY B.V. will have fulfilled its delivery obligation, subject to proof to the contrary, as soon as the goods have been offered to the customer once. In case of home delivery, the report of the carrier, containing the refusal of acceptance, serves as full proof of the offer to deliver, subject to evidence to the contrary.
4.5 In the event of refusal of the offered goods, return freight and storage costs, as well as the risk of damage or loss of the refused goods, will be fully for the account of the customer, unless the customer invokes the right to dissolve the purchase or replace the product on good grounds.

Article 5. Delivery time
5.1 A delivery time specified by SILK JEWELLERY B.V. can never be regarded as a deadline. The delivery time only starts after all necessary information is in the possession of SILK JEWELLERY B.V. after which SILK JEWELLERY B.V. will try to deliver within 30 days.
5.2 Under the rules of distance selling, SILK JEWELLERY B.V. (contractor) executes orders at due haste, but at least within 30 days. If this is not possible (because the ordered item is not in stock or is no longer available), or there is a delay for other reasons, or an order can not or only partially be executed, the customer (client) will be noticed within 1 month after placing of the order and in that case he has the right to cancel the order without costs and notice of default.

Article 6. Approval period and Dissolution
6.1 The customer is entitled for delivered goods on the basis of an order with SILK JEWELLERY B.V. in accordance with Article 7:5 of the Dutch Civil Code, within a period of 7 working days without giving any reason to dissolve the agreement, unless expressly agreed otherwise. This period starts when the ordered goods have been delivered. If the customer has not returned the delivered goods to SILK JEWELLERY B.V. after this period, the purchase is a fact. Before returning the goods, the customer is obliged to notify SILK JEWELLERY BV within the period of 7 working days after delivery. The customer must prove that the goods delivered have been returned in time (no later than 10 working days after delivery), for example by means of a proof of postal delivery. Returning the delivered goods is entirely at the expense and risk of the customer. Return of the goods must be in the original packaging (including accessories and associated documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolve within the meaning of this paragraph lapses. With due observance of what has been determined in the previous sentence, SILK JEWELLERY B.V., after receipt and inspection of the returned goods, confirms the dissolution of the purchase by return and ensures that the full purchase amount will be refunded to the customer free of charge within 30 days after proper receipt of the complete return shipment.
6.2 Without prejudice to the rights of SILK JEWELLERY B.V. based on the law, SILK JEWELLERY B.V. is entitled to suspend or dissolve the agreement in whole or in part by means of a written statement to that effect to the customer, with the right to compensation to the customer if, after the conclusion of the agreement, circumstances come to the knowledge of SILK JEWELLERY B.V. that give SILK JEWELLERY B.V. good reason to fear that the customer will not meet its obligations or if SILK JEWELLERY B.V. has asked to provide security for the fulfilment when concluding the agreement and this security is not provided or is insufficient (despite summons) as well as in case of bankruptcy of the customer, an own application for bankruptcy by the customer, suspension of payments, liquidation or a decision to that effect, full or partial transfer of the business from the customer or seizure of any part of his assets.
6.3 If circumstances arise with regard to persons and/or materials of which SILK JEWELLERY B.V. uses or tends to use for the performance of the agreement, which are of such a nature that the performance of the agreement becomes impossible or so objectionable and/or disproportionately expensive that compliance with it can no longer reasonably be required, SILK JEWELLERY BV is authorized to dissolve the agreement.

Article 7. Force majeure
7.1 Force majeure means, in addition to what is understood in this respect in law and case law, all circumstances in which SILK JEWELLERY B.V. has no influence and which hinder or render impossible the delivery of goods, including but not limited to strikes at SILK JEWELLERY B.V. and/or suppliers, disruptions in the Internet or WAP, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties.
7.2 An appeal to force majeure can also be made if the circumstance that prevents (further) fulfilment occurs after the commitment should have been fulfilled by SILK JEWELLERY B.V..
7.3 If the period in which fulfilment of its obligation by SILK JEWELLERY B.V. due to force majeure is not possible lasts longer than 2 weeks, both parties are entitled to dissolve the agreement, without there being an obligation to pay compensation in that case.
7.4 If SILK JEWELLERY B.V. when the force majeure arises has already partially fulfilled its obligations or can only partially fulfil its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.

Article 8. Guarantee
8.1 SILK JEWELLERY B.V. offers a warranty period of 12 months after purchase of the goods. However, if damage is caused by improper handling of the jewellery, our warranty does not cover these costs.
8.2 SILK JEWELLERY B.V. is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
8.3 The customer is obliged to check the delivered goods immediately upon receipt. If it turns out that the delivered item is wrong, defective or incomplete, then the customer (before returning it to SILK JEWELLERY BV) must report these defects immediately in writing or by email to SILK JEWELLERY BV.. The items must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. The use of the product after the discovery of a defect, damage caused by the detection of a defect, encumbrance and / or resale after the detection of a defect, will invalidate this right to complain and return.
8.4 If complaints from the customer are approved by SILK JEWELLERY B.V., SILK JEWELLERY B.V. will at its discretion replace the delivered goods free of charge or make a written arrangement with the customer regarding the compensation, it being understood that the liability of SILK JEWELLERY B.V. and the amount of the compensation is always limited to a maximum of the invoice amount of the goods concerned, or (at the choice of SILK JEWELLERY B.V.) to the maximum in the relevant case by the liability insurance of SILK JEWELLERY B.V. covered amount. Any liability of SILK JEWELLERY B.V. for any other form of damage, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to loss of profit is excluded.
8.5 SILK JEWELLERY B.V. is not liable for damage caused intentionally or equivalent deliberate recklessness on the part of non-managerial personnel.
8.6 This warranty does not apply if: A) and as long as the customer is in default towards SILK JEWELLERY B.V.; B) the customer has repaired and / or processed the delivered goods or has had them repaired and / or processed by third parties. C) the delivered goods have been exposed to abnormal circumstances or are otherwise carelessly handled or have been treated contrary to the instructions of SILK JEWELLERY B.V. and / or instructions on the packaging; D) the defect is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used;

Article 9. Payment
9.1 Unless otherwise agreed, payment must be made immediately upon completion of the order via one of the offered payment methods. When paying by bank transfer the valid date of payment is the date the bank account of SILK JEWELLERY B.V is credited. Payment must always be made before delivery, within 10 days after ordering. Payment in instalments is not possible.
9.2 After the expiration of 10 days after the invoice / order date, the customer will be in default by operation of law and will from that moment owe interest of 1% per month on the amount due, unless the statutory interest is higher, in which case the statutory interest will apply, where part of a month is counted as a whole month.
9.3 In the event of bankruptcy or suspension of payment of the customer or an application for this, the claims of SILK JEWELLERY B.V. and the obligations of the customer towards SILK JEWELLERY B.V. are immediately due and payable.
9.4 If SILK JEWELLERY B.V. must hand over its claim for collection, the customer owes a fixed amount of 15% of the extrajudicial collection costs owed, with a minimum amount of 250 euros.
9.5 If SILK JEWELLERY B.V. can demonstrate that it has incurred higher costs than were reasonably necessary, these will also be eligible for reimbursement.

Article 10. Retention of title
10.1 The ownership of all the goods sold and delivered by SILK JEWELLERY B.V. to the customer remains with SILK JEWELLERY B.V. as long as the customer has not met the claims from SILK JEWELLERY B.V. under the agreement or earlier or later similar agreements, as long as the customer has not yet paid the work performed or yet to be performed under these or similar agreements and as long as the customer has not met the claims from SILK JEWELLERY B.V. due to failure to perform such obligations, including claims in respect of fines, interest and costs, all as referred to in Section 3:92 of the Dutch Civil Code.
10.2 The goods delivered by SILK JEWELLERY B.V. that fall under the retention of title may only be resold in the context of normal business activities and may never be used as a means of payment.
10.3 The customer is not authorized to pledge the goods falling under the retention of title or to encumber them in any other way.
10.4 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to notify SILK JEWELLERY B.V. as soon as can reasonably be expected.

Article 11. Privacy
11.1 SILK JEWELLERY B.V. respects the privacy of the online visitors to its website and is the sole owner of the information obtained through this website, unless otherwise indicated. This information will not be sold, shared or rented to third parties by SILK JEWELLERY B.V.. SILK JEWELLERY B.V. however, is entitled to release information about users if required by law.
11.2 Information revealing the identity of an online visitor to the SILK JEWELLERY B.V. website is provided voluntarily by the visitor. This information can be used by SILK JEWELLERY B.V. for the purpose of making visits to our websites as simple and enjoyable as possible. The customer gives explicit permission for this.
11.3 Personal data will be removed as soon as possible at the request of the online visitor.

Article 12. Intellectual property rights
12.1 Unless expressly agreed otherwise in writing, full copyrights and all other intellectual and industrial property rights pertaining to SILK JEWELLERY B.V’s. delivered goods or services, such as trademark rights, design rights, patent rights, sui generis database rights, etc., remain exclusively at SILK JEWELLERY B.V. and / or its suppliers. Producing goods or having them produced (strongly) similar to the models of SILK JEWELLERY B.V. is therefore expressly prohibited by law. Persons or companies that do not adhere to it will therefore be prosecuted.
12.2 The parties undertake to take sufficient measures to ensure confidentiality with regard to each other's data of a confidential nature which they become aware of when executing the agreement.

Article 13. Applicable law
On all legal relationships where SILK JEWELLERY B.V. is a party, only Dutch law applies, even if an obligation is wholly or partly performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.

Article 14. Disputes
14.1 The customer can submit questions and / or complaints by email to SILK JEWELLERY B.V. via info@silkjewellery.nl or send them by post to SILK JEWELLERY B.V. , Veldweg 6K, 5321JE Hedel. Complaints will be handled as soon as possible, but no later than within 30 days. If this is not possible for any reason, the customer will be informed of the duration of the delay. Complaints must always be provided with the name, address and residence details of the customer.

Article 15. Changes
15.1 These conditions have been filed with the Chamber of Commerce Brabant. The Dutch text of these conditions is always decisive for the interpretation thereof.
15.2 Changes to these terms and conditions are only effective after they have been published on the SILK JEWELLERY B.V. website, it being understood that in the event of applicable changes during the term of an offer, the provision most favourable to the customer will prevail.