GENERAL TERMS & CONDITIONS
Zodiac Jewelry company details: Keizersgracht 746, 1017 EX Amsterdam Chamber of commerce: 62029096 Company VAT: NL854604996B01 Zodiac Jewelry BV has adopted the General Terms and Conditions of Sale, Delivery and Payment of MITEX (Dutch Association of Retail Traders in the Fashion Industry). The MITEX general terms and conditions were drawn up in December 2002 in consultation with the Dutch Consumer Association within the context of the CZ (Coordinating Group for Self-Regulation) of the SER (Social and Economic Council of the Netherlands) and came into effect on 1 January 2003. A copy of the MITEX general terms and conditions is set out at the end of these (additional) General Terms and Conditions.
Article 1: Scope
1.These general terms and conditions (hereinafter: the general conditions) govern all contracts, supplies and other services agreed between the customer and Zodiac Jewelry. 2. By placing an order, the customer agrees to be bound by the general conditions. 3. Unless Zodiac Jewelry has indicated otherwise in writing to the customer, the customer's own general terms and conditions shall not be accepted.
Article 2: Entering into a contract
1. Zodiac Jewelry shall confirm the customer's order by e-mail. Contrary to Article 4.1 of the MITEX general terms and conditions, a contract is created only when payment has been successfully made. Zodiac Jewelry is entitled to refuse, or impose special conditions upon, a supply, subject to giving reasons. If Zodiac Jewelry is unable to clearly establish the customer's permanent or temporary address, an order cannot be accepted. 2. Order processes that for whatever reason have been technically or otherwise disrupted before the payment instructions have been completed are incomplete, even if the customer has received an order confirmation. Such an order will in principle therefore not be delivered. Zodiac Jewelry shall endeavour, however, to contact the customer to complete the payment instructions so that delivery can be made.
Article 3: Prices and costs
1. The contract price is the current price at the moment when an order is placed with the webstore. The prices of articles are quoted inclusive of VAT. 2. The prices quoted in the webstore are exclusive of postage and administration costs. 3. Zodiac Jewelry is not bound by the terms of its offer in the event that there is any printing, typesetting or programming fault on its website.
Article 4: Fulfilling orders
1. Zodiac Jewelry shall act with the greatest possible care in processing orders for articles. 2. Articles shall be delivered to the address given by the customer to Zodiac Jewelry. 3. Zodiac Jewelry shall dispatch accepted orders as quickly as possible in the order in which they are received. 4. The on the webstore indicated delivery term is approximate only and there is no right to compensation if actual delivery takes longer.
Article 5: Customs, Duties and Taxes
1. The customer is responsible for assuring that the product can be lawfully imported to the destination country. When ordering from Zodiac Jewelry, the recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders that are shipped to countries outside the European Union may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient; Zodiac Jewelry has no control over these charges and cannot predict what they may be. 2. It might be a good idea to contact your local customs office for current charges before you order, so you are not surprised by charges you were not expecting.
Article 6: Right to return articles
1. Contrary to Article 5 of the MITEX general terms and conditions the costumer is entitled to return any article to Zodiac Jewelry within fourteen (14) days of its delivery, without need to give any reason. 2. No refund will be made in respect of articles returned to Zodiac Jewelry after the said fourteen-day period. 3. Articles must be returned in accordance with the instructions set out on the packing slip enclosed with the articles. 4. Articles being returned must be in the condition generally accepted for normal use for approval of the articles, such as trying on articles in conventional shops. If a customer wishes to exercise such right to return an article, the article must be returned to Kooistra Jewelry together with everything originally sent with it, in its original state and packaging, in accordance with the clear and reasonable instructions given by Zodiac Jewelry. 5. Zodiac Jewelry is entitled to refuse to accept a returned article or to send it back to the customer if the article appears to have been used, no longer carries the original labels, or reveals damage caused by the customer, or if the customer does not comply with the instructions for returning the article given by Zodiac Jewelry. 6. If for any reason Zodiac Jewelry does not deliver within thirty (30) days, the customer is entitled to a full refund, without any charge.
Article 7: Error in delivery
If Zodiac Jewelry delivers an article different from the one ordered, or if the article is damaged or defective, the customer must notify Zodiac Jewelry of this as soon as possible, in the way specified on the packing slip enclosed with the article. Zodiac Jewelry shall reimburse the purchase price plus postage charge.
Article 8: Complaints
1. If a customer wishes to exchange or return an article, it must follow the instructions specified on the packing slip enclosed with the article. 2. Other queries, comments or complaints relating to an order, payment or delivery should be sent in writing to the following e-mail address: firstname.lastname@example.org 3. The e-mail message must contain the customer's name, e-mail address corresponding with that in Zodiac Jewelry records, the order number included in the order confirmation and the article number.
Article 9: Minimum age
1. An order will not be accepted by Zodiac Jewelry from anyone under the age of 16.
Article 10: Payment
1. The customer may pay either by credit card, Paypal or with iDeal. At the present time, gift vouchers cannot be used towards payment 2. All payments must be made in accordance with the instructions given on the pages of the webstore.
Article 11: Privacy
1. In placing an order, the customer grants Zodiac Jewelry the right to use its personal details where necessary. These details will be kept only insofar as necessary to achieve the goals for which the details are obtained and processed by Zodiac Jewelry, i.e. for performance of the contract and for maintaining contact with the customer. 2. The personal details supplied by a customer will not be passed to any third party for commercial purposes without the customer's express consent. The customer is entitled to inspect and amend these details at any time. 3. In accordance with the Dutch Personal Data Protection Act (Wet bescherming persoonsgegevens), Zodiac Jewelry has notified the Dutch Data Protection Authority (College Bescherming Persoonsgegevens)that it registers personal data. A customer should send any request to inspect its personal data in writing to the following e-mail address: email@example.com.
Article 12: Disputes
1. Any dispute between Zodiac Jewelry and a customer may be brought by either party before the Disputes Commission for the Textiles and Footwear Sector (Geschillencommissie Textiel en Schoenen). Details of this procedure are set out in Article 15 of the MITEX general terms and conditions.