Terms and Conditions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Cooling-off period: the period during which the consumer can exercise their right of withdrawal;
Consumer: the natural person who does not act for purposes related to their trade, business, craft, or profession and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing performance contract: a distance contract relating to a series of products and/or services, for which the obligation to supply and/or purchase is spread over time;
Durable medium: every means that enables the consumer or entrepreneur to store information that is addressed to them in person in a way that facilitates future consultation and unaltered 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 / Company: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for the distance selling of products, digital content, and/or services, whereby exclusive or additional use is made of one or more technologies for distance communication up to and including the time at which the contract is concluded;
Technology for distance communication: a means that can be used for concluding a contract without the consumer and the entrepreneur being together in the same place at the same time;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Be Golden B.V.
Luchthavenweg 81.040 5657 EA Eindhoven, The Netherlands
Email address: customerservice@begoldenlabel.com
Chamber of Commerce (KvK) number: 82117551
VAT identification number: NL862343033B01
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the contract and these terms and conditions will otherwise remain in force, and the provision in question will be immediately replaced in mutual consultation by a provision that approximates the purpose of the original as closely as possible.
Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
Images accompanying products are a true reflection of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real 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 including taxes;
the way in which the contract will be concluded and what actions are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the contract;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the level 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 basic rate for the means of communication used;
whether the contract will be archived after conclusion, and if so, how the consumer can consult it;
the manner in which the consumer, before concluding the contract, can check the data provided by them under the contract and, if desired, correct them;
any other languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of a continuing performance contract.
Optional: available sizes, colors, types of materials.
Article 5 – The contract
Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may 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 safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur may—within statutory frameworks—inform themselves whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good reasons 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 send the consumer 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, along with the product or service:
- the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
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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;
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the information on guarantees and existing after-sales service;
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the data included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided these data to the consumer before the execution of the contract;
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the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration
In the event of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
Every contract is entered into under the suspensive conditions of sufficient availability of the relevant products.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 14 days. This cooling-off period starts on the day after the product is received 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 the packaging with care. 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 supplied 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.
If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must make this known by means of a written message/email. After the consumer has indicated 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 on time, for example by means of proof of shipment.
If the customer has not made known that they wish to use their right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
Article 7 – Costs in case of withdrawal
If the consumer exercises their right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The condition here is that the product has already been received back by the web retailer or that conclusive proof of complete return can be submitted.
Article 8 – Exclusion of the 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 clearly stated this in the offer, at least in good time before the contract was concluded.
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 for which the consumer has broken the seal.
- for hygienic products for 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 explicit consent of the consumer before the cooling-off period has expired;
- concerning betting and lotteries.
Article 9 – The price
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the contract with effect from the day the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
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 statutory provisions and/or government regulations existing on the date of the 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 under the contract.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.
The entrepreneur's warranty period is separate from the manufacturer's warranty and has a term of 12 months. The entrepreneur's warranty only covers the discoloration of the outer layer of the jewelry, being the gold or silver-colored layer over the jewelry. Please note that the intermediate links of the jewelry do not have a gold or silver-colored coating due to the coating process (PVD coating). The warranty only applies to the areas with coating and if the stainless steel color is visible on the jewelry and does not cover other situations, including the detachment of stones, the discoloration of stones set on the surface of the jewelry, or the darkening of the outer layer of the jewelry, being the gold or silver-colored layer of the jewelry.
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 modified the delivered products themselves or had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
The inadequacy is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will take 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.
With due observance of what is stated about this 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 the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified of this no later than 30 days after they have placed the order. In that case, the consumer has the right to dissolve the contract without costs and is entitled to any compensation.
In the event 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 turns out to be impossible, the entrepreneur will endeavor to make a replacement article available. No later than upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
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 – Continuing performance contracts: 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, subject to the 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, subject to the 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 in the same way as they were entered into by them;
always with the same notice period as the entrepreneur has stipulated for themselves.
Extension
A contract entered into for a definite period 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 entered into for a definite period that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of 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 entered into for a definite period that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may 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 the event the contract extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
A contract with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period has expired.
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 resist 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 an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment data to the entrepreneur without delay.
In the event of default by the consumer, the entrepreneur has the right, subject to statutory limitations, 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 submitted fully and clearly described 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 reply within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.