Terms and conditions

 

General Terms and Conditions

Below you will find our General Terms and Conditions. These are always applicable if you are making use of, or placing an order through our website and contain important information for you as a buyer. Read the General Terms and Conditions carefully. We advise you to save or print these terms and conditions, so that you can read back at a later date.

Definitions

  1. Jewel-tees is located in Eindhoven, The Netherlands and registered at the Chamber of Commerce under registration number 52652912 acting under the name jewel-tees.
  2. Website: the website of jewel-tees can be consulted via www.jewel-tees.com and all associated sub-domains.
  3. Customer: the natural or legal person whether or not acting in the exercise of a profession or business who enters into an agreement with Jewel-Tees and/or has registered on the website.
  4.  Agreement: any understanding or agreement between Jewel-Tees and the Customer, of which the General Terms and Conditions form an integral part.
  5. General Terms and Conditions: Current Terms and Conditions.

Applicability of General Terms and Conditions

  1. On all offers, agreements and supplies of Jewel-Tees, unless explicitly otherwise agreed in writing.
  2. In the event that the Customer in his order, confirmation or communication concerning the acceptance has other provisions or conditions that deviate from, or are not contained in the General Terms and Conditions, are only binding for jewel-tees if and in so far as they are expressly accepted in writing by jewel-tees.
  3. In the event that next to these general conditions, other specific conditions for product or services apply, those terms and conditions will also be applicable, but in the event of conflicting terms the Customer can always rely on the applicable condition that is most favorable to him.

Prices and information

  1. All stated prices on the website and on other Jewel-Tees sourced materials are including VAT and, unless otherwise specified on the website, other taxes which are imposed by the government.
  2.  The shipping costs are € 3.95. These costs can also be found on the website. In addition, they will be displayed throughout the order process.
  3. The content of the website has been compiled with the greatest care. Jewel-Tees cannot, however, guarantee that all information on the website at any time is complete and correct. All prices and other information on the Website and in other of jewel-tees-derived materials are subject of obvious programming and typing errors.
  4. Jewel-tees cannot be held responsible for (color) deviations as a result of screen quality.

Realization of the Agreement

  1. The contract is concluded at the time of acceptance by the Customer of the offer of jewel-tees and meets the conditions laid down by jewel-tees.
  2.  If the Customer has accepted the offer via electronic means, jewel-tees will immediately confirm receipt of acceptance of the offer. As long as the receipt of said acceptance has not been confirmed, the Customer has the ability to dissolve the agreement.
  3. If it is found that at the time of acceptance or otherwise of the Agreement inaccurate data have been communicated by Customer, jewel-tees the right to fulfill its obligation after the correct information has been received.
  4. Jewel-tees may, within legal frameworks, inform itself if the Customer can fulfill his payment obligations, but also of all the facts and factors that are important for the responsible conclusion of the Agreement. If based on this investigation, jewel-tees has sound reasons not to enter into the Agreement, it is entitled to refuse an order or request or to implement special conditions, such as payment in advance.

Registration

  1. To make optimal use of the Website, the Customer can register via the registration form/ or account login option on the Website.
  2. During the registration process, the Customer can choose a username and password with which he can log in after registration on the Site. The Customer is responsible for choosing a sufficiently reliable password.
  3. The Customer must keep its login details such as username and password strictly confidential. Jewel-tees shall not be liable for any misuse of the login credentials and must always assume that a Customer who logs on to the Website is actually that Customer. All that is done through the account of the Customer falls under the responsibility and risk of the Customer.
  4. If the Customer knows or suspects that his login information have fallen into the hands of unauthorized persons, he shall change his password as soon as possible and/or inform jewel-tees, so jewel-tees can take appropriate measures.

Implementation of Agreement

  1. Once the order is received by jewel-tees, jewel-tees will send the products in compliance with paragraph 3 of this Article, as soon as possible
  2. Jewel-tees is entitled to engage third parties in the execution of the obligations arising from the Agreement.
  3. On the website is it will be clear, before the conclusion of the Agreement on which manner the delivery will take place and the period within which the products will be delivered. If no delivery time has been agreed upon or stated, the delivery time will be within 30 days.
  4. If jewel-tees cannot deliver the products within the agreed period, it shall inform client accordingly. In that case, the Customer can agree on a new delivery date or he will have the opportunity to terminate the agreement free of charge.
  5. Jewel-tees encourages the Customer to inspect the delivered products and in case of defects, to report these within a reasonable time, preferably in writing or by e-mail. See the article on warranty and compliance.
  6. Once the goods have been delivered on the specified delivery address, the risk concerning these products passes onto the Customer. If explicitly agreed otherwise, the risk passes sooner to the Customer. If Customer decides to pick up the products, the risk passes on the transfer of the products.
  7. Jewel-tees is entitled to deliver a similar product of similar quality as the product ordered, if the ordered product is no longer available. The Customer is then entitled to dissolve the agreement free of charge and to return the product free of charge.

Right of withdrawal/return

  1. This Article shall apply only if the Customer is a natural person who is not acting in the exercise of his profession or business. Business Customers are not entitled to the right of withdrawal. The Customer has the right to dissolve the agreement made on a distance with jewel-tees within 14 calendar days after receipt of the product, without having to provide a reason and free of charge. The time limit shall begin on the day after the Customer, or a third party designated by him in advance, which is not the carrier, has received the product, or if the Customer has ordered multiple products: the day on which the Customer, or a third party designated by him, has received the last product; if the delivery of a product consists of several consignments or parts: the day on which the Customer, or a third party designated by him, has received the last consignment or the last part; in the case of agreements for regular delivery of products during a certain period, the day on which the Customer, or a third party designated by him, has received the first product.
  2. Only the direct costs of the return shipment are for the account of the Customer. The Customer must therefore pay the return costs. If these costs are higher than the regular postal tariff, jewel-tees will provide an estimate of these costs. Any costs paid by the Customer for shipping and payment of the product to Customer will be refunded to the Customer when the entire order has been returned.
  3. Within the withdrawal period referred to in paragraph 1 the Customer will carefully handle the product and packaging. The Customer will only open the packaging and only use the product to the extent necessary to determine the nature, characteristics and operation of the product. The standpoint here is that this inspection does not go beyond what would be allowed in a physical store.
  4. The Customer is liable only for depreciation of the product that is the result of a way of dealing with the product that goes beyond what is allowed in the preceding paragraph.
  5. The Customer may terminate the Agreement in accordance with paragraph 1 of the time limit laid down in this Article by (digitally) sending the model form for revocation to jewel-tees, or otherwise in an unequivocal manner let jewel-tees know that he’ll abandon the purchase. In the event of a digital message Jewel-tees will confirm the receipt of the message. After the dissolution the Customer has 14 days to return the product. It is also possible to directly return the product within the period laid down in paragraph 1 of this Article, provided that the model form for revocation or an unequivocal statement of revocation is enclosed. Products can be returned to: Jewel-Tees - Azincourthof # 9 - 5627 TJ – Eindhoven
  6. Amounts already paid by Customer will be reimbursed as soon as possible, but not later than 14 days after termination of the Agreement in the same way as that Customer has paid the order. If the Customer has opted for a more expensive method of delivery than the cheapest method of delivery, jewel-tees will not have to pay for the additional costs. Unless jewel-tees offers to pick up the product, jewel-tees will wait with the reimbursement until the product has been received or once the Customer can demonstrate that he has returned the product, whichever date is sooner.
  7. On the website it is clearly stated, and well in advance of the conclusion of the Agreement whether or not the right of withdrawal and any desired procedure is applicable.

Payment

  1. The Customer will make the payments to jewel-tees according to the ordering procedure and, possibly, according to the payment methods indicated on the Website. Jewel-tees is free in the choice of payment methods and this can also change from time to time. In case of payment after delivery, the Customer has a payment term of 14 days from the day after delivery.
  2. If the Customer does not fulfill his payment obligation(s) in time, after reminders sent by jewel-tees of the late payment and after jewel-tees has granted the Customer has a period of 14 days to fulfill his payment obligations, following the failure of payment within this 14-day period, he owes the payment of the statutory interest over the amount that is due to be paid, furthermore jewel-tees is entitled to charge the Customer for the extrajudicial collection costs. This collection costs amount to a maximum of: 15% on outstanding amounts to € 2,500, 10% on the following € 2,500; and 5% over the next € 5,000 with a minimum of € 40,=. For the benefit of the Customer Jewel-tees may differ from the amounts and percentages.

Guarantee and conformity

  1. This Article shall apply only if there is a Customer who is not acting in the exercise of his profession or business. If jewel-tees applies a separate guarantee on the products, this shall, without prejudice to the just established, apply for all types of Customers.
  2. Jewel-tees guarantees that the products comply with the Agreement, with the specifications listed in the offer, with the reasonable requirements of reliability and/or usefulness and with the existing legal provisions and/or government regulations on date of realization of the agreement. If specifically agreed, jewel-tees also ensure that the product is suitable for other use than the normal use.
  3. A jewel-tees, manufacturer or importer provided guarantee does not affect the legal rights and claims that the Customer has already under the Agreement.
  4. If the delivered product does not comply with the agreement, then the Customer needs to inform jewel-tees about the defects within a reasonable period of time after the date on which it is discovered.
  5. If jewel-tees finds the complaint is well-founded, the products will be repaired, replaced or refunded after consultation with the Client. The maximum amount for reimbursement is in compliance with the Article regarding liability, equal to the price paid by the Customer for the product.

Complaints procedure

  1. If the Customer has a complaint about a product (in accordance with Article on guarantee and conformity) and/or other aspects of the services provided by jewel-tees, then he can report a complaint to jewel-tees by telephone, e-mail or by post. Please see the contact information at the bottom of the Terms and Conditions.
  2. Jewel-tees will provide a reaction to the Customer as soon as possible, but in any case within 3 days after receipt of the complaint. If it is not yet possible to give a substantive or final response, jewel-tees will confirm having received the complaint within 3 days after receipt hereof and provide an indication of the period within which they expect a substantive or final response to the Customer complaint.

Liability

  1. This Article shall apply only if the Customer is a natural person or a legal person acting in the course of his trade, business or profession.
  2. The total liability of jewel-tees towards the client due to accountable shortcomings in the performance of the Agreement shall be limited to compensation up to the amount of the price stipulated for that Agreement (including VAT).
  3. Liability of jewel-tees towards the Client for indirect damage, including -but not limited to- consequential damages, lost profits, lost savings, loss of data and damage due to business interruption is out of the question.
  4. Outside the cases referred to in the preceding two paragraphs of this Article, jewel-tees has no liability towards the Customer for damages, irrespective of the ground on which an action for damages would be based. The restrictions referred to in this Article shall, however, not apply if and insofar the damage is due to intent or gross negligence on the part of jewel-tees.
  5. The total liability of jewel-tees towards the client due to accountable shortcomings in the performance of the Agreement shall only arise if the Customer immediately and properly provides jewel-tees with a notice of default in writing, postulating thereby a reasonable time-period for remedying the failure, and if jewel-tees also after that term keeps on falling short in the fulfilment of its obligations. The notice of default must give as detailed a description as possible of the shortcoming, so that jewel-tees can respond adequately.
  6. The condition to have of any right to compensation is always that the Customer has to report the damage as soon as possible in writing to jewel-tees, no later than 30 days after the occurrence.
  7. In the event of force majeure, jewel-tees is not obliged to pay a compensation for any damage that has arisen at the Customer.

Retention of title

  1. As long as the Customer has not made the full payment for the entire amount agreed upon, all delivered goods remain property of jewel-tees.

Personal data

  1. Jewel-tees processes the personal data of the Customer in accordance with the privacy statement published on the Website.

Final provisions

  1. The Agreement is governed by Dutch law.
  2. Insofar as the rules of compulsory law do not prescribe differently, all disputes that may arise as a result of this Agreement shall be submitted to the competent Dutch court in the district where jewel-tees is located.
  3. If any provision of these General Terms and conditions appears to be null and void, this does not affect the validity of the entire General Terms and Conditions. In that case, the parties will replace the new provision(s), which will be as much as legally possible similar to the intent of the original provision.
  4. Under "in writing" in these General Conditions is also understood communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail is sufficiently clear.

Contact details

If you have any questions, complaints or comments after having read these General Terms and conditions, please do not hesitate to contact us in writing or by e-mail.

Jewel-Tees
Azincourthof 9
5627 TJ - Eindhoven

E-mail address: info@jewel-tees.com

KvK/Chamber of Commerce nr: 52652912

BTW/VAT nr:  NL230128750B02