Terms & Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Duration transaction: a distance contract with respect to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future reference and unchanged reproduction of the stored information;

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;

Technology for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being physically present in the same space at the same time;

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur's premises and will be sent free of charge to the consumer as soon as possible upon their request.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge upon the consumer's request, either electronically or otherwise.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the case of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, then the contract and these terms and conditions shall remain in force for the rest, and the relevant provision shall be replaced without delay by mutual agreement with a provision that approximates the intent of the original as closely as possible.

Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 3 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

• the price, excluding customs clearance costs and import VAT. These additional costs will be at the customer's expense and risk. The postal and/or courier service will use the special scheme for postal and courier services with regard to import. This scheme applies when goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the customs clearance costs charged) from the recipient of the goods;
• any shipping costs;
• the manner in which the contract will be concluded and which actions are necessary for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery, and execution of the contract;
• the deadline for accepting the offer, or the period during which the entrepreneur guarantees the price;
• the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the communication medium used;
• whether the contract will be archived after its conclusion, and if so, how it can be consulted by the consumer;
• the way in which the consumer can check and, if desired, correct the data provided by them within the framework of the contract before concluding the contract;
• any other languages in which, in addition to English, the contract can be concluded;
• the codes of conduct to which the entrepreneur has subscribed and the manner in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance contract in the case of a duration transaction.

Optional: available sizes, colors, types of materials.

Article 4 – The Contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may – within legal frameworks – inform themselves whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur will provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium, with the product or service:

• the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
• the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• information about guarantees and existing after-sales service;
• the data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before executing the contract;
• the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Every contract is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 5 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons within 14 days. This cooling-off period begins on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and packaging carefully. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has made known that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned in time, for example by means of proof of shipment.

If the customer has not made known that they wish to exercise their right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, nor has returned the product to the entrepreneur, the purchase is a fact.

Article 6 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are at the consumer's expense.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition here is that the product has already been received back by the web retailer or conclusive proof of complete return can be provided.

Article 7 – Exclusion of Right of Withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before concluding the contract.

Exclusion of the right of withdrawal is only possible for products:

• that have been created by the entrepreneur in accordance with the consumer's specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• that can spoil or age quickly;
• whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• for loose newspapers and magazines;
• for audio and video recordings and computer software of which the consumer has broken the seal;
• for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

• concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
• whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
• concerning bets and lotteries.

Article 8 – The Price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This connection to fluctuations and the fact that any stated prices are target prices are stated in the offer.

Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of legal regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:

• they are the result of legal regulations or provisions; or
• the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.

The place of delivery takes place pursuant to Article 5, first paragraph, Value Added Tax Act 1968 in the country where transport begins. In this case, this delivery takes place outside the EU. Following this, the postal or courier service will collect import VAT or customs clearance costs from the customer. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 9 – Identity of the Entrepreneur

Business name: Brenda Pauline Jewelry
Email: info@brendapaulinejewelry.com
Chamber of Commerce number: 92247091
VAT identification number: NL004945126B61

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the contract.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. Return of the products must be done in the original packaging and in new condition.

The entrepreneur's warranty period corresponds with the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

• The consumer has repaired and/or processed the delivered products themselves or had them repaired and/or processed by third parties;
• The delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or are treated contrary to the instructions of the entrepreneur and/or on the packaging;
• The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.

The place of delivery is the address that the consumer has made known to the company.

Taking into account what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive notification of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the contract without costs and is entitled to any compensation.

In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to make a replacement article available. At the latest upon delivery, it will be reported in a clear and understandable manner that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are at the entrepreneur's expense.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Extension

Termination

The consumer can terminate a contract that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, taking into account agreed termination rules and a notice period of no more than one month.

The consumer can terminate a contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite period, taking into account agreed termination rules and a notice period of no more than one month.

The consumer can terminate the contracts mentioned in the previous paragraphs:

• at any time and not be limited to termination at a specific time or in a specific period;
• at least terminate in the same way as they were entered into by them;
• always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Extension

A contract that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.

Contrary to the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a definite period of maximum three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of no more than one month.

A contract that has been entered into for a definite period and that extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the contract extends to the regular, but less than once per month, delivery of daily, news, and weekly newspapers and magazines.

A contract with limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In case of default payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the contract must be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their choice, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Dutch law exclusively applies to contracts between the entrepreneur and the consumer to which these general terms and conditions relate. Even if the consumer is resident abroad.

Article 16 - CESOP

Due to the measures being implemented and strengthened from 2024 in connection with the "Act amending the Value Added Tax Act 1968 (act implementing the payment services directive)" and thus the implementation of the Central Electronic System of Payment information (CESOP), payment service providers may register data in the European CESOP system.