TERMS AND CONDITIONS

MARCEL VERMEULEN JEWELER & GOUDSMID B.V.

 

ARTICLE 1 DEFINITIONS

In these general terms and conditions, the following terms are used with the following meaning, unless expressly stated otherwise or otherwise from the context:

 

1. Marcel Vermeulen: the user of these general terms and conditions: Marcel Vermeulen Juwelier & Goudsmid B.V. located at ade Prinsestraat 5 in The Hague, registered with the Chamber of Commerce under Chamber of Commerce number 74458604, and with VAT number 859909499;
2. Customer: any natural or legal person who enters into an agreement with Marcel Vermeulen or who has received a quotation/offer from Marcel Vermeulen or with whom Marcel Vermeulen has any legal relationship or for whom Marcel Vermeulen performs any legal act;
3. Agreement: the agreement between Marcel Vermeulen and the customer;
4. Consumer: the customer being a natural person who is not acting in the exercise of his profession or his business;
5. Website: the websites managed by Marcel Vermeulen, being: www.marcelvermeulen.com, www.mv-gems.com, www.zegelring.eu and www.verlovingdring.com, and the websites of third parties on which Marcel Vermeulen offers and sells his jewellery. 

 

ARTICLE 2 GENERAL AND TERMS OF USE

1. These general terms and conditions apply to every agreement between Marcel Vermeulen and the customer to which Marcel Vermeulen has declared these general terms and conditions applicable.
2. Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing or via e-mail.
3. The applicability of any purchase or other conditions of the customer is expressly rejected.
4. If one or more of the provisions in these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. The void or voided provisions will be replaced by Marcel Vermeulen, taking into account the purpose and purport of the original provision(s) as much as possible.
5. If Marcel Vermeulen does not always demand strict compliance with these general terms and conditions, this does not mean that the provisions thereof do not apply, or that Marcel Vermeulen would in any way lose the right to strictly comply with the provisions of these general terms and conditions in other cases. to desire. 
6. Marcel Vermeulen has the right to change these general terms and conditions. The version of the general terms and conditions that applied at the time of the conclusion of the agreement always applies.
7. When using the website, the customer must act in accordance with what may be expected of a responsible and careful internet user.
8. The customer is not allowed to circumvent or crack the security applications on the website.

 

ARTICLE 3 OFFERS, QUOTES AND PRICES

1. All offers and quotations are without obligation.
2. Marcel Vermeulen is not bound by his offer or quotation if there are printing, typesetting or programming errors in his catalogues, e-mail messages, quotation or on the website.
3. Stated prices are in euros, unless expressly stated otherwise.
4. All prices quoted include VAT.
5. The offer contains a complete and accurate description of the jewelry offered. The description is sufficiently detailed to enable a proper assessment of the offer by the customer.
6. The assortment of Marcel Vermeulen can be changed at any time.

 

ARTICLE 4 CONCLUSION OF THE AGREEMENT, RIGHT OF WITHDRAWAL AND ACCOUNT

1. The agreement is concluded when:
   - The customer has accepted Marcel Vermeulen's offer;
   - The customer has successfully completed the entire ordering process via the website.
2. After the agreement has been concluded via the website, a confirmation is sent to the customer by e-mail. If the customer has not received a confirmation email from Marcel Vermeulen, the customer can contact Marcel Vermeulen to inquire whether the order has been received in good order.
3. The order can only be placed via the website after the customer has clicked to agree to these terms and conditions.
4. The customer cannot cancel or dissolve the agreement or an order placed free of charge and Marcel Vermeulen can never be obliged to take back a sold piece of jewelry, unless the customer is entitled to invoke the right of withdrawal.
5. The consumer who has ordered a piece of jewelery via the website can dissolve the agreement during a cooling-off period of no more than 14 days without giving reasons, unless Article 4.6 applies. For more information about the right of withdrawal, Marcel Vermeulen's return policy can be consulted, see [link to return policy].
6. The right of withdrawal does not apply to the order of a piece of jewelery that has been manufactured according to the customer's specifications (custom-made).
7. The right of withdrawal expressly does not apply to agreements concluded in Marcel Vermeulen's shop.
8. The right of withdrawal does not apply to the customer being a legal person or the customer acting in the exercise of his profession or his business.
9. The customer can create an account on the website. The customer is at all times responsible for his account on the website and login details. The customer must carefully keep his login details to himself. Marcel Vermeulen cannot be held liable if an unauthorized third party uses the customer's login details. If the customer finds that an unauthorized third party is using his account, the customer must change his password as soon as possible.

  

ARTICLE 5 IMPLEMENTATION OF THE AGREEMENT AND CONFORMITY

1. Marcel Vermeulen will perform the agreement to the best of his knowledge and ability and in accordance with the requirements of good workmanship. Repairs and/or other work on jewelry or stones owned by the customer are carried out at the expense and risk of the customer.
2. Marcel Vermeulen has the right to engage third parties in the execution of the agreement, without notifying the customer, to purchase services from third parties and to have the agreement performed in whole or in part by third parties.
3. Marcel Vermeulen guarantees that the piece of jewelery meets the agreement, the specifications stated in the offer and the reasonable requirements of soundness and/or usability. If the customer buys a piece of jewelery with a gemstone, Marcel Vermeulen guarantees the authenticity of the gemstone.

 

ARTICLE 6 NATURAL MATERIALS

1. Since the jewelry consists of natural materials, examples of the jewelry or examples of parts of the jewelry can only be considered as an indication, so that color and structure differences are permissible.
2. Because the delivered jewelery consists of natural materials, properties associated with the natural materials, such as discoloration, cracking or breaking of the jewelery or a part thereof, cannot be attributed to Marcel Vermeulen. Therefore, no guarantee is given on delivered jewelry or on parts thereof.

 

 ARTICLE 7 JEWELRY MADE SPECIFICALLY FOR THE CUSTOMER

1. If the jewel is made specifically for the customer and the customer wishes to make changes to the design, size or materials of which the jewel is made, the customer must inform Marcel Vermeulen of this as soon as possible. Subsequently, Marcel Vermeulen will let you know whether it is possible to implement the changes and what the possible additional costs are.
2. If the changes cannot be made or if the customer does not agree to the additional costs, the jewel will be made on the basis of the originally agreed specifications.

  

ARTICLE 8 GOODS OF THE CUSTOMER AND RETENTION

1. If Marcel Vermeulen i.v.m. the execution of the agreement has goods of the customer in its possession, such as jewellery, stones or designs, then, without prejudice to the other provisions of these general terms and conditions, the provisions of this article apply.
2. Marcel Vermeulen will take all safety measures that can reasonably be expected of him to prevent damage to the goods described in Article 8.1.
3. Marcel Vermeulen is never liable for damage to, destruction of, loss of or theft of these goods during the period that Marcel Vermeulen has the goods in his possession.
4. All custody/storage of goods at Marcel Vermeulen will be at the expense and risk of the customer. The customer must always take out adequate insurance against all risks. The prices charged by Marcel Vermeulen for carrying out work on jewelery or stones owned by the customer are also not geared to insuring these goods.
5. Marcel Vermeulen is authorized to suspend the delivery of goods that he has in his possession for the customer in connection with the performance of an agreement, until the customer's claims with regard to any agreement have been paid.

  

ARTICLE 9 SHIPPING COSTS AND DELIVERY

1. If the agreement has been concluded via the website, the order will be sent insured to the delivery address specified by the customer. Any customs costs are the responsibility of the customer.
2. The prices stated on the website are exclusive of shipping costs. The amount of the shipping costs will be made known to the customer via the website before or upon conclusion of the agreement.
3. After the order has been sent, the customer will receive a track & trace code via e-mail with which the customer can track the package with his order.
4. Specified delivery times cannot be regarded as strict deadlines.
5. Exceeding the stated delivery term never entitles the customer to compensation.
6. The customer is obliged to take delivery of the delivered goods, unless the customer rightly invokes his right of withdrawal. If the customer fails to do so, the resulting costs, such as the costs for storage and insurance, will be borne by the customer.

 

ARTICLE 10 TRANSFER OF RISK

When ordering via the website, the risk of loss or damage to the jewel passes to the customer at the moment the jewel is delivered to the customer. 

  

ARTICLE 11 PAYMENT

1. Marcel Vermeulen has the right to demand a down payment or full advance payment from the customer. A (partial) advance payment is agreed with the customer by means of an individual stipulation, for example by e-mail.
2. If the customer does not pay the amount charged in advance on time, Marcel Vermeulen has the right to suspend the execution of the agreement until the amount has been paid. Marcel Vermeulen is not liable for any damage resulting from the suspension. The customer will be notified of such suspension by e-mail.
3. If delivery takes place on account, the customer must pay the invoice amount within the term stated on the invoice.
4. Payment of the order placed on a website managed by Marcel Vermeulen can be done in the following ways: [list of payment options].
5. If the payment term is exceeded, the customer will be in default by operation of law, after being demanded at least once by Marcel Vermeulen to pay within a reasonable period. In that case, the customer owes the statutory (commercial) interest from the date on which the sum due has become due and payable until the time of payment. In addition, all costs of collection, after the customer is in default, both judicial and extrajudicial, will be borne by the customer. For the consumer, the extrajudicial collection costs are determined in accordance with the Collection Costs Act.
6. In the event of liquidation, bankruptcy, attachment or suspension of payment of the customer, Marcel Vermeulen's claims against the customer are immediately due and payable.

 

ARTICLE 12 LIABILITY AND TIME LIMITATION

1. Marcel Vermeulen cannot be obliged to compensate any damage that is a direct or indirect result of:
   - an event that is in fact beyond his control and can therefore not be attributed to his actions, as described, among other things, in Article 13;
   - any act or omission of the customer or his subordinates.
2. The colors that can be seen on the customer's screen may differ from the colors that the jewelry actually has. Marcel Vermeulen is not liable for such color deviations.
3. Marcel Vermeulen is not liable for damage, of any nature whatsoever, because Marcel Vermeulen relied on incorrect and/or incomplete information provided by the customer.
4. Marcel Vermeulen is not liable for damage to the jewelry, for example due to improper or careless use.
5. Marcel Vermeulen is not liable for damage of any nature whatsoever resulting from or due to deviations of goods or defective goods of the customer on which Marcel Vermeulen performs work.
6. Marcel Vermeulen does not accept any liability if, against Marcel Vermeulen's advice, the customer demands that certain work must still take place.
7. If the customer or a third party makes changes to the jewelery delivered by Marcel Vermeulen, Marcel Vermeulen excludes any liability with regard to any damage.
8. Marcel Vermeulen cannot be held liable for a stone falling out of a piece of jewelery supplied, processed, treated or repaired by Marcel Vermeulen, unless the customer proves that the stone falling out is the result of an attributable shortcoming on the part of Marcel Vermeulen.
9. Marcel Vermeulen is not liable for mutilation or loss of data as a result of the transmission of the data using telecommunication facilities.
10. Marcel Vermeulen is never liable for indirect damage, including consequential damage, loss of profit, lost turnover, lost savings, imposed fines, labor costs, reputational damage, damage due to delays and damage due to business interruption.
11. If Marcel Vermeulen should be liable for any damage, then the liability of Marcel Vermeulen is limited to the amount of the payment made by Marcel Vermeulen's insurer. If the insurer does not pay out in any case or if the damage is not covered by the insurance, then the liability of Marcel Vermeulen is limited to the amount charged by Marcel Vermeulen to the customer for the delivery, processing, treatment or repair. of the jewelery to which the liability relates.

 

ARTICLE 13 FORCE MAJEURE

1. Marcel Vermeulen is not obliged to fulfill any obligation if he is prevented from doing so as a result of events that are actually beyond Marcel Vermeulen's control or cannot be attributed to his actions, such as: obstructions by third parties , including those of governments; obstacles in transport; extreme weather conditions; epidemics; pandemic; natural disaster; terrorism; theft; full or partial strikes; riots, wars or threats of war, both in this country and in the countries of origin of the jewelery or parts of the jewellery; loss of or damage to jewelery during transport; non-delivery or late delivery to Marcel Vermeulen by his suppliers; export and import bans; fires, malfunctions and accidents in the company of Marcel Vermeulen or his suppliers; the burning of means of transport of Marcel Vermeulen or his suppliers, the occurrence of malfunctions therein, becoming involved in accidents thereof; the imposition of levies, or the taking of other measures by the government, bringing about changes in actual circumstances.
2. Force majeure is also understood to mean a non-attributable shortcoming of suppliers of Marcel Vermeulen or of a third party engaged by Marcel Vermeulen as a result of which Marcel Vermeulen cannot fulfill his obligations or cannot fulfill them on time or in full.
3. If the force majeure situation on the part of Marcel Vermeulen has lasted longer than 1 month, the parties have the right to dissolve the agreement.

  

ARTICLE 14 COMPLAINTS AND CUSTOMER SERVICE

1. The customer must check the jewelry for defects immediately after delivery. Complaints about the delivered jewelery must be made known to Marcel Vermeulen immediately after delivery.
2. Complaints will not be processed if the customer has not had the jewelery regularly checked or cleaned by Marcel Vermeulen or if a defect in the jewelery is the result of:
   - normal wear and tear;
   - indiscriminate use;
   - maintenance not or incorrectly carried out by the customer or by a third party;
   - changes or repairs by the customer or by a third party;
   - Bumping or falling of the jewellery.
3. The right to complain lapses with regard to the goods processed and/or processed by or on behalf of the customer.
4. The customer must give Marcel Vermeulen the opportunity to investigate a complaint. In that context, Marcel Vermeulen may require the customer to return the jewelery to Marcel Vermeulen at his own expense and risk. If it has been shown that the piece of jewelery was defective at the time of delivery, then:
   - the customer must give Marcel Vermeulen the opportunity to repair the defect; 
   - the shipping costs for returning the jewelry to the customer will be reimbursed.
5. Jewelry returned by the customer is checked for authenticity.
6. For questions about the order or to submit a complaint, the customer can contact Marcel Vermeulen's customer service. Marcel Vermeulen's customer service can be reached in the following ways:
   - Email address: info@marcelvermeulen.com;
   - By telephone: + 31 70 345 33 33 on Tuesday to Saturday from 11:00 am to 5:00 pm, with the exception of official public holidays in the Netherlands.
7. Complaints submitted to Marcel Vermeulen will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Marcel Vermeulen will respond within the period of 14 days with a notice of receipt and an indication when the customer can expect a more detailed answer. 

 

ARTICLE 15 INTELLECTUAL PROPERTY RIGHTS

1. All documents provided by Marcel Vermeulen, such as offers, advice, agreements, designs, sketches, drawings, etc., are exclusively intended for use by the customer and may not be reproduced, made public, or brought to the attention of third parties, unless the nature of the documents provided dictates otherwise.
2. In the event of unauthorized use of the documents, including (digital) drawings, quotations, designs, etc., the customer is obliged to compensate Marcel Vermeulen for all damage he suffers as a result, such as, but certainly not limited to, lost turnover. / profit and the costs involved in preparing the relevant designs, if made exclusively for the customer.
3. The customer is not permitted to instruct Marcel Vermeulen to manufacture a piece of jewelery based on a design supplied by the customer that infringes the rights of third parties, such as, but certainly not limited to, trademark rights, copyrights or other intellectual property rights. proprietary rights of third parties. If Marcel Vermeulen finds or suspects that the piece of jewelery desired by the customer violates these rights of third parties, Marcel Vermeulen has the right to cancel the agreement. All costs that Marcel Vermeulen has had to incur and all damage that he has suffered because the piece of jewelery desired by the customer violates the rights of a third party or is in violation of the law, will be charged to the customer. The customer indemnifies Marcel Vermeulen against claims from third parties or against the direct and indirect consequences, both financial and otherwise, arising from the sale or commercialization of the piece of jewelery manufactured according to the design of the customer.

  

ARTICLE 16 SUSPENSION AND DISSOLUTION

1. Marcel Vermeulen is entitled to suspend the execution of the agreement with immediate effect if, after concluding the agreement, Marcel Vermeulen becomes aware of circumstances that give good grounds to fear that the customer will not fulfill its (payment) obligations. If there is good reason to fear that the customer will only partially or not properly comply, the suspension is only permitted insofar as the shortcoming justifies it.
2. Marcel Vermeulen is authorized to dissolve the agreement if the customer does not or not fully comply with the obligations under the agreement and the customer has not responded to a notice of default.
3. Furthermore, Marcel Vermeulen is authorized to dissolve the agreement if circumstances arise of such a nature that fulfillment of the agreement is impossible or can no longer be required according to standards of reasonableness and fairness or if other circumstances arise of such a nature that unaltered maintenance of the agreement cannot reasonably be expected.
4. Marcel Vermeulen is authorized to dissolve the agreement if the customer requests suspension of payment or if this is granted to the customer, if the customer is declared bankrupt or if a request is submitted to that effect, if the customer is unable to pay his debts, terminates or liquidates its business, is placed under guardianship, or if an administrator or receiver is appointed.

  

ARTICLE 17 CONFIDENTIALITY AND PROCESSING OF PERSONAL DATA

1. Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this follows from the nature of the information. The party receiving confidential information will only use it for the purpose for which it was provided.
2. Marcel Vermeulen processes personal data in accordance with the General Data Protection Regulation (GDPR). For more information about the processing of personal data, the customer can consult the privacy policy of Marcel Vermeulen, see [link to privacy policy]. 

  

ARTICLE 18 DISPUTES, APPLICABLE LAW AND COMPETENT COURT

1. Marcel Vermeulen and the customer will make every effort to resolve a dispute in mutual consultation. If the parties fail to resolve the dispute in mutual consultation, the customer can submit his complaint to the Jewelery and Watch Mediation Office of the Gold and Silver Federation. If the dispute has not been resolved after it has been submitted to the Jewelery and Watches Mediation Office of the Gold and Silver Federation, the dispute can be submitted to the Jewelery and Watches Disputes Committee: www.degeschillencommissie.nl.  
2. Dutch law applies to all agreements between the customer and Marcel Vermeulen.
3. If a dispute is submitted to a court, the court in the district where Marcel Vermeulen is located has jurisdiction. The consumer has 1 month after Marcel Vermeulen has invoked this clause in writing to the consumer, to choose the competent court according to the law for settlement of the dispute.