General Terms and Conditions

1. Definitions

1.1 Le Veer: Le Veer jewelry. VOF, established in (5652 EH) Eindhoven at the address Zeelsterstraat 205a, Chamber of Commerce: 72411007, VAT identification number: NL859101435B01, (info@leveer.nl)

1.2 Consumer-purchaser: the natural person, not acting in the exercise of a profession or business, to whom goods are supplied or sold by Le Veer, and his/her representative(s), authorized representative(s), legal successors and/or heirs.

1.3 Purchaser: the natural person and/or legal entity, acting in the exercise of a profession or business, to whom Le Veer supplies or sells goods and/or provides services, and his/her representative(s), authorized representative(s), legal successors and/or heirs.

1.4 Agreement: the agreement concluded between Le Veer and the Consumer-purchaser and/or Purchaser regarding the sale or delivery of goods and/or the provision of services to which these general terms and conditions apply.

PART I

Unless otherwise stated, the provisions of this PART I of these general terms and conditions apply to both Agreements with Purchasers and Agreements with Consumer-purchasers.

2. General

2.1 These general terms and conditions apply to all offers, quotations, legal relationships and agreements of and/or with Le Veer.

2.2 By placing an order, the Consumer-purchaser and/or Purchaser indicates that he/she agrees to the general terms and conditions.

2.3 All offers and/or quotations from Le Veer are without obligation, unless Le Veer expressly indicates otherwise in writing.

2.4 All images, specifications and/or data in offers and/or quotations from Le Veer are indicative and cannot give rise to compensation or termination of the Agreement.

2.5 Offers and/or quotations from Le Veer do not automatically apply to repeat orders.

2.6 Le Veer reserves the right to correct obvious mistakes and/or typographical errors in offers and/or quotations. No liability is accepted for the consequences of errors. Le Veer cannot be held to its offer if the Consumer-purchaser and/or Purchaser should have understood that the offer and/or quotation, or a part thereof, contained an obvious mistake or typographical error.

2.7 Deviations from and additions to these general terms and conditions are only valid if they have been expressly agreed in writing.

2.8 Any additional (verbal) agreements and/or commitments made by or on behalf of Le Veer are only binding if expressly confirmed in writing by Le Veer.

2.9 The application of any conditions used by the Consumer-purchaser and/or Purchaser is hereby expressly rejected.

2.10 If any provision of these general terms and conditions is null and void or is annulled, the other provisions of these general terms and conditions will remain unaffected and in full force.

2.11 If the Consumer-purchaser and/or Purchaser consists of more than one (legal) person, each of these (legal) persons shall be jointly and severally liable to Le Veer for the obligations arising from the Agreement.

2.12 Le Veer has the right to change and/or supplement these general terms and conditions.

2.13 Without the written consent of Le Veer, the Consumer-purchaser and/or Purchaser is not entitled to transfer any right or obligation under the Agreement to third parties.

3. Formation of Agreement

3.1 Subject to the provisions of Articles 3.3 and 3.4 of these general terms and conditions, the Agreement shall be concluded by written confirmation by Le Veer of the acceptance of the offer by the Consumer-purchaser and/or Purchaser.

3.2 If the Consumer-purchaser and/or Purchaser has accepted Le Veer's offer electronically, Le Veer will confirm the acceptance of the offer by the Consumer-purchaser and/or Purchaser electronically.

3.3 Le Veer reserves the right to refuse the conclusion of the Agreement within a period of 5 working days after receipt of acceptance by the Consumer-purchaser and/or Purchaser without stating reasons or to accept it only on the condition that shipment is made cash on delivery or after advance payment.

3.4 If the conclusion of the Agreement is refused by Le Veer on the basis of article 3.3 of these general terms and conditions, the Consumer-purchaser and/or Purchaser cannot claim compensation.

3.5 Should Le Veer exercise its rights under article 3.3 of these general terms and conditions while the order has already been paid, Le Veer will attempt to refund the payment via the payment method used by the Consumer-purchaser and/or Purchaser. If this is not possible, Le Veer will contact the Consumer-purchaser and/or Purchaser in order to refund the payment via another method.

3.6 Le Veer is entitled to execute the Agreement in different phases.

3.7 Each Agreement is entered into subject to the condition precedent of sufficient availability of the relevant items.

4. Prices

4.1 All prices quoted are in Euro and include VAT.

4.2 All prices quoted are exclusive of packaging, shipping or delivery costs, unless otherwise agreed in writing.

4.3 Prices will not be increased during the term of the offer, unless legal measures make this necessary or the manufacturer or supplier implements interim price increases.

5. Payment

5.1 Le Veer is entitled to invoice immediately after the Agreement with the Consumer-purchaser and/or Purchaser has been concluded.

5.2 Payment of (online) invoices must be made within 14 days after the invoice date in a manner and under the payment conditions specified by Le Veer.

5.3 In the event of non-payment (on time) by the Consumer-purchaser and/or Purchaser, Le Veer has the right to terminate the Agreement. In that case, the Consumer-purchaser and/or Purchaser cannot claim compensation.

5.4 The Purchaser is not entitled to offset or suspend payment.

6. Delivery

6.1 Le Veer will deliver the purchased items or services after the full invoice amount as well as the additional (shipping) costs have been paid to Le Veer by the Consumer-purchaser and/or Purchaser, unless otherwise agreed.

6.2 The place of delivery is the address that the Consumer-purchaser and/or Purchaser has made known to Le Veer.

6.3 The delivery times as stated in the offers or on the website of Le Veer are indicative. Therefore, no rights can be derived from the stated terms. Le Veer will execute accepted Agreements with a Consumer-purchaser with due speed but at the latest within 30 days, unless another delivery term has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the Consumer-purchaser will be notified of this at the latest 30 days after placing the order. In that case, the Consumer-purchaser has the right to terminate the Agreement without costs.

6.4 Le Veer offers the option to choose between insured shipping via PostNL with track and trace code or uninsured shipping via PostNL letterbox post with stamps. If uninsured shipping is chosen, Le Veer is not liable for the loss of the package. If insured shipping is chosen, Le Veer is liable for solving the problem.

6.5 The risk of damage and/or loss of items rests with Le Veer until the moment of delivery to the Consumer-Purchaser or his/her previously designated representative made known to Le Veer, unless expressly agreed otherwise.

6.6 If the Agreement is concluded with a Purchaser, delivery will take place ex warehouse. From the moment of delivery, the risk of damage and/or loss of goods rests with the Purchaser.

7. Warranty and complaints

7.1 The Consumer-purchaser and/or Purchaser is obliged to examine the delivered goods at the time of delivery. If it appears that the delivered goods are incorrect, defective or incomplete, the Consumer-purchaser and/or Purchaser must (before returning them to Le Veer) immediately report these defects in writing to Le Veer. Any defects or incorrectly delivered goods must and can be reported to Le Veer in writing no later than 7 days after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after discovery of a defect, damage occurring after discovery of a defect, encumbrance and/or resale after discovery of a defect, completely forfeits this right to complain and return.

7.2 If the Agreement has been concluded with a Purchaser, any visible defects must be reported to Le Veer in writing within 3 working days of delivery, under penalty of forfeiture of rights.

7.3 The warranty scheme and term of Le Veer corresponds to the manufacturer's warranty term of the delivered goods. However, Le Veer is never responsible for the ultimate suitability of the delivered goods for each individual application by the Consumer-purchaser and/or Purchaser, nor for any advice regarding the use or application of the delivered goods.

7.4 If complaints from the Consumer-purchaser and/or Purchaser are found to be justified by Le Veer, Le Veer will, at its discretion, either replace the delivered items free of charge or make a written arrangement with the Consumer-purchaser and/or Purchaser regarding compensation, provided that the amount of compensation is always limited to a maximum of the invoice amount of the items in question. However, Le Veer is in all cases only liable within the limits of the provisions of article 11 of these general terms and conditions.

7.5 The warranty in Article 7.4 shall lapse if:

a) The Consumer-purchaser and/or Purchaser has repaired and/or processed the delivered goods themselves or has had them repaired and/or processed by third parties;

b) The delivered goods have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of Le Veer (see material and care) and/or have been treated on the packaging or labels;

c) 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.

8. Returns

8.1 Returns of delivered goods are at the expense and risk of the Consumer-purchaser and/or Purchaser and are only permitted after written permission from Le Veer under the conditions to be set by it.

8.2 Items that have been processed in whole or in part, damaged items and packaged items whose packaging is missing can never be returned.

9. Retention of title

9.1 All items delivered to the Consumer-purchaser and/or Purchaser shall remain the property of Le Veer until all amounts owed by the Consumer-purchaser and/or Purchaser for the items delivered under the Agreement, as well as all amounts due to any failure to meet payment obligations, have been paid in full to Le Veer.

9.2 As long as ownership of the delivered goods has not been transferred to the Consumer-purchaser and/or Purchaser, the latter may not pledge the goods, transfer ownership of them or grant any other right to them to third parties.

9.3 The Purchaser is permitted to sell and deliver the goods delivered under retention of title to third parties in the context of the exercise of its normal business. The Purchaser is obliged to store the goods delivered under retention of title separately with due care and as recognizable property of Le Veer.

9.4 If the Purchaser fails to comply with the provisions of Article 9.3 of these general terms and conditions, it is presumed that the items present of the type supplied by Le Veer belong to Le Veer.

9.5 The Consumer-purchaser and/or Purchaser is obliged to insure the delivered goods for the duration of the retention of title against fire and explosion hazard, water damage, as well as against theft, the insurance policy of which can be requested and inspected by Le Veer upon first request.

10. Force Majeure

10.1 In the event of force majeure, Le Veer is entitled to suspend the fulfilment of its obligation under the Agreement or part thereof and the Consumer-purchaser and/or Purchaser cannot claim fulfilment or compensation.

10.2 Force majeure is understood to mean any external cause, as well as any circumstance, which in all fairness should not be at its risk. Delays or default by our suppliers, disruptions in the Internet, disruptions in the electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and/or manufacturers of Le Veer as well as of assistants, illness of personnel, defects in auxiliary or transport equipment are expressly considered as force majeure situations.

10.3 In the event of force majeure, Le Veer reserves the right to suspend its obligations and is also entitled to terminate the Agreement in whole or in part, or to demand that the content of the Agreement be amended in such a way that execution remains possible. In no event shall Le Veer be obliged to pay any fine or compensation.

10.4 If Le Veer has already partially fulfilled its obligations upon the occurrence of force majeure, or can only partially fulfil its obligations, it is entitled to invoice the part already delivered or the part that can be delivered separately and the purchaser is obliged to pay this invoice as if it concerned a separate Agreement. However, this does not apply if the part already delivered or the part that can be delivered has no independent value.

11. Liability

11.1 The liability of Le Veer – as well as its representatives/agents, employees and third parties engaged by Le Veer – is always limited to the amount paid out in the relevant case under the applicable liability insurance of Le Veer, increased by the amount of the deductible that is borne by Le Veer under the applicable policy conditions. If for whatever reason no payment is made under the aforementioned insurance, any liability of Le Veer is always limited to the amount paid to Le Veer by the Consumer-purchaser and/or Purchaser in respect of the Agreement, or the part thereof, in connection with which the liability arose, up to a maximum of EUR 1,000.

11.2 Le Veer shall never be liable for indirect damage, including but not limited to consequential damage (to persons or property), business damage, loss of profit or income, missed savings and/or damage due to business stagnation.

12. Limitation/expiry periods

12.1 If the Agreement has been concluded with a Purchaser, the limitation period for all claims and defenses of the Purchaser against Le Veer, in deviation from the statutory limitation periods, is 3 months from the moment such claims and defenses arose. If the Agreement has been concluded with a Consumer-purchaser, the aforementioned limitation period is 13 months.

13. Data management

13.1 If a Consumer-purchaser and/or Purchaser places an order with Le Veer, his/her (personal) data will be included in the customer file of Le Veer. Le Veer complies with the Personal Data Protection Act (Wbp) and does not provide personal data to third parties.

13.2 Le Veer respects the privacy of the users of the website and ensures that personal data is treated confidentially.

13.3 Le Veer uses a mailing list in some cases. Each mailing contains instructions to be removed from this list.

14. Applicable law and disputes

14.1 All Agreements to which these general terms and conditions apply in whole or in part shall be governed by Dutch law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods of 1980 (Vienna Sales Convention/CISG) is expressly excluded.

14.2 All disputes relating to or arising from this Agreement shall be submitted to the competent court in Amsterdam, unless Le Veer prefers to submit the dispute to the competent court of the place of residence of the Consumer-purchaser and/or Purchaser.

PART II

The provisions of this PART II of these general terms and conditions shall only apply to Agreements with Consumer-purchasers and shall apply in addition to the provisions of PART I of these general terms and conditions. In the event of any inconsistency between a provision of this PART II and a provision of PART I, the relevant provision of PART II shall prevail.

15. Right of withdrawal

15.1 If a Consumer-buyer has purchased an item or service from Le Veer via the internet, telephone or mail order, the following applies.

Upon delivery of products

15.2 When purchasing products, the Consumer-purchaser has the option to dissolve the Agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the item by the Consumer-purchaser or a representative designated in advance by the Consumer-purchaser and made known to Le Veer.

15.3 During the cooling-off period, the Consumer-purchaser will handle the item and the packaging with care. She will only unpack or use the item to the extent necessary to assess whether she wishes to keep the item. If she exercises her right of withdrawal, she will return the item with all accessories supplied and - if reasonably possible - in the original condition and packaging to Le Veer, in accordance with the reasonable instructions provided by Le Veer.

15.4 If the Consumer-purchaser wishes to exercise her right of withdrawal, she is obliged to notify Le Veer of this within 14 days after receipt of the item. The Consumer-purchaser must notify Le Veer of this by registering the return by e-mail. After the Consumer-purchaser has indicated that she wishes to exercise her right of withdrawal, she must return the item within 14 days. The Consumer-purchaser must prove that the delivered items were returned on time, for example by means of proof of shipment.

15.5 If the Consumer-purchaser has not indicated that he wishes to exercise his right of withdrawal after the expiry of the withdrawal period of 14 days or has not returned the item to Le Veer, the purchase is irreversible.

15.6 The Consumer-purchaser is liable for any decrease in value of the item if the handling thereof goes beyond what is necessary to determine the nature, characteristics and functioning.

When providing services

15.7 When delivering services, the Consumer-purchaser has the option to dissolve the Agreement without giving reasons for 14 days, starting on the day of entering into the Agreement. This will no longer be free of charge in the last 96 hours before delivery.

15.8 In order to exercise her right of withdrawal, the Consumer-purchaser will follow the reasonable instructions provided by Le Veer with the offer and/or at the latest upon delivery.

Costs in case of revocation

15.9 If the Consumer-purchaser exercises her right of withdrawal, she will be fully responsible for the costs of return, both in the case of purchase and in the case of service provision.

15.10 If the Consumer-purchaser has paid an amount, Le Veer will refund this amount as soon as possible, but no later than 14 days after revocation. The condition here is that the item has already been received by Le Veer.

15.11 Le Veer excludes the Consumer-purchaser's right of withdrawal for goods and services as described in paragraphs 1 and 2.

15.10.1: Products:

a) which have been created by Le Veer in accordance with the specifications of the Consumer-purchaser;

b) which are clearly personal in nature;

c) which by their nature cannot be returned;

d) which can age quickly;

e) the price of which fluctuates without Le Veer having any influence on this;

f) for audio and video recordings and computer software of which the Consumer-purchaser has broken the seal.

g) for hygienic products of which the Consumer-purchaser has broken the seal.

15.10.2: Services:

a) such as the rental of holiday accommodation, the transport of goods, car rental, leisure services, to be provided on a specific date or during a specific period;

b) the delivery of which has commenced with the express consent of the Consumer-purchaser before the 14-day reflection period has expired;

c) concerning betting and lotteries.