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Terms and Conditions Mayli Jewels
E-mail: info@maylijewels.com
Website: https://mayli-jewels.com/
Definitions
1. Mayli Jewels: [MAY-LI], established in Nieuwegein under Chamber of Commerce no. 61759252.
2. Customer: the person with whom Mayli Jewels has entered into an agreement.
3. Parties: Mayli Jewels and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms of conditions
1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Mayli Jewels.
2. Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
3. The parties exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties expressly.
Prices
1. All prices that Mayli Jewels uses are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
2. Mayli Jewels can change all prices charged by Mayli Jewels for its services and products, on its website or otherwise.
3. The parties agree on a total amount as a guide price for a service provided by Mayli Jewels, unless the parties have expressly agreed in writing on a fixed price, which cannot be deviated from.
4. Mayli Jewels is entitled to deviate up to 10% from the target price.
5. If the target price is more than 10% higher, Mayli Jewels must inform the customer in good time why a higher price is justified.
6. If the target price is more than 10% higher, the customer has the right to leave the part of the order expired, which exceeds the target price plus 10%.
7. Mayli Jewels has the right to adjust the prices annually.
8. Mayli Jewels will communicate price adjustments to the customer prior to its commencement.
9. The consumer has the right to terminate the agreement with Mayli Jewels if he does not agree with the price increase.
Payments and payment term
1. Mayli Jewels may require a down payment of up to 50% of the agreed amount upon entering into the agreement.
2. The customer must have made payments in arrears within after delivery.
3. Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default and in default, without Mayli Jewels having to send the customer a demand or notice of default.
4. Mayli Jewels reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the services or products.
5. Products are paid immediately. 6. Mayli Jewels is allowed to make a down payment of up to 50% of the demand the agreed amount.
7. The customer must pay invoices to Mayli Jewels within after the invoice date, unless the parties agree otherwise have made agreements or a different payment term is stated on the invoice.
8. Payment terms are regarded as strict payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default and in default, without Mayli Jewels having to send the customer a demand or notice of default.
9. Mayli Jewels reserves the right to make a delivery conditional on immediate payment or to demand a security for the total amount of the service
Consequences of not paying on time
1. If the customer does not pay within the agreed term, Mayli Jewels is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby part of a month for a whole month is counted.
2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to Mayli Jewels.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, Mayli Jewels may suspend its obligations until the customer meets his payment obligation has been fulfilled.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on the part of the customer, the claims from Mayli Jewels on the customer immediately due.
6. If the customer refuses to cooperate with the execution of the agreement by Mayli Jewels, he is still obliged to pay the agreed price to Mayli Jewels.
Right of advertising
1. As soon as the customer is in default, Mayli Jewels is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer. 2. Mayli Jewels invokes the right of advertising by means of a written or electronic communication. 3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Mayli Jewels, unless the parties agree otherwise. to make. 4. The costs for returning or returning the products are for the account of the customer.
Right of withdrawal
1. A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that: the product has not been used it is not a product that can spoil quickly, such as food or flowers it is not a product that has been tailor-made or modified especially for the consumer it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.) the seal is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.) the product or service does not concern accommodation, travel, restaurant business, transport, catering assignment or form of leisure activity the product is not a loose magazine or newspaper it is not an (order for) emergency repair it does not concern bets and/or lotteries the consumer has not waived his right of withdrawal it does not concern a service that is fully performed with the consent of the customer within the 14 calendar days reflection period and where the customer has expressly stated to waive the right of withdrawal
2. The reflection period of 14 days as referred to in paragraph 1 starts: on the day after the consumer has received the last product or part of 1 order as soon as the consumer has concluded the agreement for the delivery of the service as soon as the consumer has confirmed that he will purchase digital content via the internet
3. The consumer can make his appeal to the right of withdrawal known via info@maylijewels.com, if desired using the withdrawal form that can be downloaded from the Mayli Jewels website, https://mayli-jewels.com/.
4. The consumer is obliged to return the product to Mayli Jewels within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.
Reimbursement of delivery costs
1. If the consumer has made use of his right of withdrawal in time and as a result has returned the complete order to Mayli Jewels in time, Mayli Jewels will refund any shipping costs paid by the consumer within 14 days of receipt of the order, which has been returned in full in time to the consumer. pay back.
2. The costs for delivery are only for the account of Mayli Jewels insofar as the complete order is returned.
Reimbursement return costs
If the consumer invokes his right of withdrawal and returns the complete order on time, the costs for returning the complete order will be borne by the consumer.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Right of retention
1. Mayli Jewels can invoke its right of retention and in that case keep products of the customer in its possession until the customer has paid all outstanding invoices with regard to Mayli Jewels, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies under previous agreements from which the customer still owes Mayli Jewels payments.
3. Mayli Jewels is never liable for any damage that the customer may suffer as a result of using his right of retention.
Settlement
1. Mayli Jewels remains the owner of all delivered products until the customer has fully complied with all his payment obligations with regard to Mayli Jewels on the basis of any agreement concluded with Mayli Jewels, including claims regarding shortcomings in the performance.
2. Until that time, Mayli Jewels can invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell or dispose of the products or otherwise object.
4. If Mayli Jewels invokes its retention of title, the agreement is considered dissolved and has Mayli Jewels has the right to claim damages, lost profits and interest.
Delivery
1. Delivery takes place while stocks last.
2. Delivery takes place at Mayli Jewels, unless the parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed amounts are not paid or are not paid on time, Mayli Jewels has the right to obligations until the agreed part has been paid.
5. In the event of late payment, there is a default of creditors, with the result that the customer does not make a late delivery Mayli Jewels may object.
Delivery time
1. The delivery times stated by Mayli Jewels are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
2. The delivery time starts when the customer has completed the (electronic) ordering process and has received an (electronic) confirmation from Mayli Jewels.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Mayli Jewels is unable to deliver within 14 days after receiving a written demand to do so or the parties have agreed otherwise.
Actual Delivery
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Transportation costs
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packing and Shipping
1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Mayli Jewels cannot be held liable for any damage.
2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to Mayli Jewels prior to transport, failing which Mayli Jewels cannot be held liable for any damage.
Insurance
1. The customer undertakes to sufficiently insure and keep insured the following items against, among other things, fire, explosion and water damage as well as theft: delivered goods that are necessary for the execution of the underlying agreement goods of Mayli Jewels that are present at the customer goods delivered under retention of title
2. At the first request of Mayli Jewels, the customer makes the policy of these insurances available for inspection.
Storage
1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs as a result of early or late purchase of products will be fully borne by the customer.
Guarantee
1. When the parties have entered into an agreement with a service nature, this only contains an obligation of effort for Mayli Jewels and therefore no obligation of result.
2. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
3. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
4. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the time when these are legally and/or actually delivered, or at least come under the control of the customer or from a third party who takes delivery of the product on behalf of the customer.
Exchange
1. Exchanging purchased items is only possible if the following conditions are met: exchange takes place within 14 days of purchase upon presentation of the original invoice – Exchange takes place within 14 days after purchase against presentation of the original invoice – The product is returned in its original packaging or with the original (price) tags still attached – The product has not yet been used
2. Discounted items, non-perishable items such as foodstuffs, custom items or items specially adapted for the customer and personalized jewelry cannot be exchanged.
Performance of the agreement
1. Mayli Jewels performs the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. Mayli Jewels has the right to have the agreed services (partially) performed by third parties.
3. The execution of the agreement takes place in mutual consultation and after written agreement and payment of the any agreed advance by the customer.
4. It is the customer’s responsibility that Mayli Jewels can start the execution of the agreement.
5. If the customer has not ensured that Mayli Jewels can start the implementation of the agreement, the resulting additional costs and/or extra hours will be borne by the customer.
Information provided bt the custiomer
1. The customer makes all information, data and documents relevant for the correct execution of the agreement available to Mayli Jewels in a timely manner and in the desired form and manner.
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
3. If and insofar as the customer requests this, Mayli Jewels will return the relevant documents.
4. If the customer does not provide the information, data or information reasonably required by Mayli Jewels, not in a timely manner or properly documents are available and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer.
Disclaimer
The customer indemnifies Mayli Jewels against all claims from third parties related to the products and/or services supplied by Mayli Jewels.
Complaints
1. The customer must examine a product or service provided by Mayli Jewels as soon as possible for any shortcomings.
2. If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Mayli Jewels of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform Mayli Jewels of this within 2 months after discovery of the shortcomings.
4. The customer provides as detailed a description as possible of the shortcoming, so that Mayli Jewels is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this cannot in any case lead to Mayli Jewels can be held to perform other work than has been agreed.
Notice of default
1. The customer must notify Mayli Jewels of any notice of default in writing.
2. It is the customer’s responsibility that a notice of default by Mayli Jewels is actually (timely) reaches.
Joint and several liability customer
If Mayli Jewels enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to Mayli Jewels under that agreement.
Liability Mayli Jewels
1. Mayli Jewels is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
2. If Mayli Jewels is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
3. Mayli Jewels is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
4. If Mayli Jewels is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiration period
Any right of the customer to compensation from Mayli Jewels expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right to dissolution
1. The customer has the right to dissolve the agreement if Mayli Jewels imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
2. If the fulfillment of the obligations by Mayli Jewels is not permanently or temporarily impossible, dissolution can only take place after Mayli Jewels is in default.
3. Mayli Jewels has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Mayli Jewels has taken cognizance of circumstances that give him good grounds to fear that the customer will not be able to properly fulfill his obligations.
Force Majeur
1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Mayli Jewels in the fulfillment of any obligation with regard to the customer cannot be attributed to Mayli Jewels in a situation independent of Mayli Jewels’ will, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected of Mayli Jewels.
2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation occurs as a result of which Mayli Jewels cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Mayli Jewels can meet them again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Mayli Jewels does not owe any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.
Amendment of the agreement
1. If after the conclusion of the agreement for its implementation it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.
2. The previous paragraph does not apply to products purchased in a physical store.
Change of terms and conditions
1. Mayli Jewels is entitled to change or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Mayli Jewels will discuss major substantive changes with the customer in advance as much as possible.
4. Consumers are entitled to terminate the agreement in the event of a substantial change to the general terms and conditions say.
Transfer of rights
1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Mayli Jewels.
2. This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.
Consequences of nullity or voidability
1. If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Mayli Jewels had in mind when drafting the conditions on that point.
Applicable law and competent court
1. Only Dutch law applies to every agreement between the parties.
2. The Dutch court in the district where Mayli Jewels is located / has its practice / office is exclusively authorized to take cognizance of any disputes between the parties, unless the law prescribes otherwise.
Published on 07 February 2022.