General Terms and Conditions
Article 1 - Definitions
1. Entrepreneur: the natural or legal person who offers products and/or services to consumers;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and / or services, whereby the delivery and / or purchase obligation is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
7. Reflection period: the period within which the consumer can exercise his right of withdrawal;
8. Distance contract: an agreement whereby in the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
9. Techniques for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur being together in the same room at the same time.
Article 2 - Identity of the entrepreneur
Chamber of Commerce number: 78079578
Phone number: 06-23489724
E-mail address: email@example.com
Article 3 - Applicability
1. These general conditions apply to any offer from the entrepreneur and any agreement reached at a distance and orders between entrepreneur and consumer.
2. Before the remote agreement is concluded, the text of these general 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 conditions are available for inspection at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.
3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be consulted electronically and that they will be sent free of charge to the consumer, at his request, either electronically or in another way.
4. In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs shall apply mutatis mutandis and the consumer in case of conflicting general conditions always rely on the applicable provision that is most favorable to him.
Article 4 - The offer
1. If an offer has a limited duration or is made subject to conditions, this shall be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer will not bind the entrepreneur.
3. All images, specifications and data in the offer are indicative and may not lead to compensation or dissolution of the contract.
4. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors shown will exactly match the real colors of the products.
5. Each offer contains such information that it is clear to the consumer what his rights and obligations are, which are connected to the acceptance of the offer. This concerns in particular:
The price including taxes;
The cost of shipping, if any;
The way in which the agreement will be established and what actions are necessary for this;
Whether or not the right of withdrawal is applicable;
The method of payment, delivery and implementation of the agreement;
The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
The level of the rate of distance communication if the cost of using the technology for distance communication is calculated on a basis other than the basic rate;
If the agreement is archived after the conclusion, in what way it can be consulted by the consumer;
The way in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
Any other languages in which, besides Dutch, the contract can be concluded;
The codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
The minimum duration of the distance contract in the event of an extended transaction.
Article 5 - The agreement
1. The agreement comes into effect, subject to the provisions in paragraph 4, at the time of acceptance by the consumer of the offer and the fulfillment of the conditions therein.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur may - within legal limits - obtain information about the consumer's ability to fulfill his payment obligations, as well as about all those facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
5. The entrepreneur will, together with the product or service, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier:
a. the business address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided these data to the consumer prior to the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. In case of a duration contract, the provision in the previous paragraph applies only to the first delivery.
Article 6 - Right of withdrawal
When purchasing products, the consumer has the possibility of dissolving the contract, without giving reasons, during 7 days. This cooling off period commences on the day after receipt of the product by the consumer or a previously designated by the consumer and the entrepreneur announced representative. During the cooling off period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he uses his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, according to the entrepreneur provided reasonable and clear instructions.
Article 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, he is responsible for the maximum costs of return shipment.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the withdrawal.
Article 8 - Exclusion of the right of withdrawal
1. The trader can exclude the consumer from having a right of withdrawal for products as defined in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
a. That have been created by the entrepreneur in accordance with the specifications of the consumer;
b. That are clearly personal in nature;
c. that cannot be returned due to their nature
d. that spoil or age quickly;
e. whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
f. for individual newspapers and magazines; g. for audio and video recordings and computer software of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
b. of which the delivery has started with the express consent of the consumer before the cooling-off period has expired;
c. concerning betting and lotteries.
Article 9 - The Prize
1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding 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, with variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. they are the result of statutory regulations or provisions; or
b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services are inclusive of VAT and exclusive of any other costs such as administration costs, levies, travel, shipping or transport costs, import duties and/or customs clearance costs, unless explicitly stated otherwise or agreed upon otherwise.
6. All prices are subject to misprints and printing errors. No liability is accepted for the consequences of misprints and typesetting errors. In case of misprints the entrepreneur is not obliged to deliver the product according to the wrong price.
Article 10 - Compliance and warranty
1. The entrepreneur guarantees that the products and / or services meet the contract, the specifications listed in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement can assert against the entrepreneur.
Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving and in the execution of orders of products and in assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company. An address of a company must be stated with company name.
3. The delivery times provided by Diamond Paradise are indicative and do not entitle the client to dissolution or compensation if exceeded, unless parties have explicitly agreed otherwise in writing.
4. If delivery of an ordered product proves impossible, the entrepreneur will strive to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. For replacement items, the right of withdrawal cannot be excluded.
5. The risk of loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and notified to the entrepreneur representative, unless otherwise expressly agreed.
6. If the packaging of a product delivered has been opened or damaged, then the client should, before accepting the product, have the deliverer make a note of this, failing which the entrepreneur cannot be held liable for any damage.
Article 12 - Extended duration transactions
1. The consumer may terminate a contract entered into for an indefinite period at all times, subject to the agreed termination rules and a maximum notice of one month.
2. An agreement entered into for a definite period of time has a maximum duration of two years. If it has been agreed that in case of silence of the consumer the agreement at a distance will be extended, the agreement will be continued as an agreement for an indefinite period of time and the notice period after continuation of the agreement will be maximum one month.
Article 13 - Payment
1. As far as no other date has been agreed, sums payable by the consumer should be paid within 14 working days after the start of the reflection period as referred to in article 6. In case of a contract to provide a service, this period commences after the consumer has received the confirmation of the contract.
2. When selling products to consumers, the general conditions may never stipulate an advance payment of more than 50%. If an advance payment is stipulated, the consumer may not assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
4. In case of non-payment on the part of the Consumer, and subject to legal restrictions, the Entrepreneur is entitled to charge any predetermined reasonable costs incurred to the Consumer.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be submitted to the entrepreneur within 30 days, fully and clearly described, after the consumer has found the defects.
3. Complaints submitted to the entrepreneur shall be answered within a period of 30 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 30 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
Article 15 - Amendment of general terms and conditions
1. The entrepreneur is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at all times.
3. The entrepreneur will discuss major changes in content with the consumer beforehand as much as possible.
4. The consumer has the right to terminate the agreement in the event of a substantial change in the general terms and conditions.