Terms & conditions version valid from April 2022
1.1 These terms & conditions apply to all offers from Rosas Jewels.
The conditions are accessible to everyone and available on the website www.rosasjewels.com
1.2 Identity of the company
Jan Dirk z’n Dal 103
1931 DL Egmond aan Zee
Email address: email@example.com
Chamber of Commerce number: 71311521
1.3 By placing an order you indicate that you agree with the delivery and payment conditions. Rosas Jewels reserves the right to change its delivery and / or payment conditions after the expiry of the terms.
1.4 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not acknowledged by Rosas Jewels.
1.5 Rosas Jewels guarantees that the delivered product meets the agreement and specifications stated in the offer.
2.1 Delivery takes place while stock lasts.
2.2 In accordance with the Distance Selling Directive, Rosas Jewels will process orders at least within 30 days.
If this is not possible (because the ordered item is out of stock or no longer available, there is a delay for other reasons or an order cannot be executed, or only partially) the consumer will receive a message within 1 month of placing the order and in that case the customer has the right to cancel the order without incurring any costs.
2.3 The place of delivery is the address that the consumer has made known to the company.
2.4 Rosas Jewels obligation to deliver will, subject to proof to the contrary, be satisfied as soon as the goods delivered by Rosas Jewels have been offered to the buyer once. For home delivery, the report of the carrier, including the refusal of acceptance, serves as full proof of the offer to deliver.
2.5 All timings mentioned on the website are indicative. No rights can therefore be derived from the above mentioned timings.
3.1 Prices are not increased within the duration of the offer, unless legal measures make this necessary or the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in Euros and include 21% VAT.
4. Viewing period / right of revocation
4.1 If there is a consumer purchase, in accordance with the Distance Selling Directive (Article 7: 5 of the Dutch Civil Code), the buyer has the right to return (part of) the delivered goods within a period of 14 days without giving a reason. This period starts after the return notification. If the buyer has not returned the goods delivered to Rosas Jewels after this period, the purchase is a fact. Before proceeding to return, the customer is obliged to make a report of this within the period of 14 days after delivery to Rosas Jewels via firstname.lastname@example.org. The customer must prove that the goods delivered were returned on time, for example by means of a proof of mail delivery. If the product is damaged or the packaging is damaged more than is necessary to try the product, we can pass on this depreciation of the product to you. So handle the product with care and ensure that it is properly packaged when returned. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph expires. With due observance of the provisions in the previous sentence, Rosas Jewels ensures that the full purchase amount including the calculated shipping costs will be refunded to the buyer within 14 working days of the receipt of the return shipment. The return of the delivered goods is entirely for the account and risk of the buyer.
4.2 The right of revocation does not apply to:
– Services for which the performance, with the consent of the consumer, has started for the period of seven working days.
– Goods or services whose price depends on fluctuations in the financial market, over which the supplier has no influence.
– Goods that have been manufactured according to the consumer’s specifications, for example custom work, or that have a clear personal character.
– For goods or services that cannot be returned due to their nature, e.g. hygiene sensitive items or that can spoil or age quickly.
4.3 If the consumer makes use of his right of revocation, the costs for return shipment will always be borne by the consumer.
5. Data Management
5.2 Rosas Jewels respects the privacy of the users of the website and ensures confidentiality of your personal information.
5.3 Rosas Jewels uses a mailing list in some cases.
6.1 Rosas Jewels guarantees that the products it supplies meet the requirements of usability, reliability and service life as they are reasonably intended by the parties to the purchase agreement.
6.2 Rosas Jewels is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
6.3 The buyer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is incorrect, inadequate or incomplete, then the customer (before proceeding to return it to Rosas Jewels) must report these defects immediately via email@example.com. Any defects or incorrectly delivered goods can and must be reported to Rosas Jewels within 7 days after delivery via firstname.lastname@example.org. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after the discovery of a defect, damage arising after the discovery of a defect, encumberment and / or resale after the discovery of a defect, completely voids this right to complain and return.
6.4 If complaints from the customer are found to be justified by Rosas Jewels, Rosas Jewels will (by Rosas Jewels decision) replace the goods delivered free of charge or make a written arrangement with the customer about the compensation, on the understanding that Rosas Jewels liability and consequently the amount of the compensation will always be limited to a maximum of the invoice amount of the goods in question. Any liability of Rosas Jewels for any other form of damage is excluded, including additional compensation in whatever form, compensation for indirect damage or consequential damage or damage due to lost profit.
6.5 Rosas Jewels is not liable for damage caused by intent or equivalent recklessness of non-managerial staff.
6.6 This warranty does not apply:
A) As long as the buyer is in default towards Rosas Jewels.
B) If the buyer has parried and / or modified the delivered goods himself or had them repaired and / or modified by third parties.
C) If the delivered goods have been exposed to abnormal circumstances or are otherwise carelessly treated or have been treated contrary to the instructions of Rosas Jewels and / or instructions on the packaging.
D) If the defectiveness is wholly or partly the result of regulations that the government has set or will make with regard to the nature or quality of the materials used.
7.1 Offers are without obligation, unless otherwise stated in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, Rosas Jewels reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.
7.3 Verbal promises are binding on Rosas Jewels only after they have been confirmed explicitly and in writing.
7.4 Offers from Rosas Jewels do not automatically apply to repeat orders.
7.5 Rosas Jewels cannot be held to its offer if the buyer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
7.6 Additions, changes and / or further agreements are only valid if agreed in writing.
8.1 An agreement between Rosas Jewels and a customer is established after an order assignment has been assessed by Rosas Jewels for feasibility.
8.2 Rosas Jewels reserves the right, without stating reasons, not to accept orders or assignments or to accept them solely on the condition that the shipment takes place on delivery or prepayment.
8.3 Unless otherwise agreed, all invoices must be paid prior to the products being produced.
9. Images and specifications
9.1 All images; photos, drawings, etc.; data on weights, dimensions, colors, images of labels, etc. on the Rosas Jewels website are approximate only, are indicative and cannot give rise to compensation or termination of the agreement.
10. Force majeure
10.1 Rosas Jewels is not liable if and insofar as its commitments cannot be met due to force majeure.
10.2 Force majeure means any strange cause, as well as any circumstance, which cannot be reasonably taken for risk of running the business. Delays in or non-performance by our suppliers, disruptions in the Internet, disruptions in 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 Rosas Jewels as well as auxiliaries, illness of personnel, defects in aids or means of transport are explicitly considered as force majeure.
10.3 In the event of force majeure, Rosas Jewels reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that implementation remains possible. Under no circumstances is Rosas Jewels obliged to pay any fine or compensation.
10.4 If, upon the commencement of the force majeure, Rosas Jewels has already partially fulfilled its obligations, or can only partially meet its obligations, it is entitled to separately invoice the deliverable part and / or the deliverable part and the buyer is obliged to pay this invoice as it concerned a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
11.1 The seller is never liable for any indirect damage, including consequential damage, immaterial damage, corporate or environmental damage, of the buyer or third parties in the event of incorrect use of the products, at least other than in the way that is generally customary.
11.2. In the event of an attributable shortcoming in the fulfillment of the agreement, the seller is only liable for replacement compensation, ie compensation for the value of the omitted performance. Any liability of the seller for any other form of damage is excluded in any form, whether compensation for indirect damage or consequential damage or damage due to loss of profit.
11.3. A condition for any right to compensation to arise is that the buyer must report the damage to the seller in writing as soon as reasonably possible after it has arisen.
11.4. Furthermore, the seller is in no way liable for damage due to delays, for damage due to exceeding delivery times as a result of changed circumstances and for damage as a result of the buyer providing insufficient cooperation, information or materials.
11.5. The seller is only liable for damage suffered by the buyer if and insofar as the damage is the direct result of intent or deliberate recklessness on the part of the seller.
11.6. The seller is not liable for damage if and insofar as the buyer has insured or could reasonably have insured against the damage in question.
12. Retention of title
12.1 The ownership of all goods sold and delivered by Rosas Jewels to the customer remains with Rosas Jewels as long as the customer has not paid Rosas Jewels claims under the agreement or earlier or later similar agreements, as long as the customer carries out the work performed or to be performed under this agreement, whether similar agreements have not yet been fulfilled and as long as the customer has not yet paid Rosas Jewels claims for failure to fulfill such obligations, including claims relating to fines, interest and costs, all as referred to in Article 3: 92 BW.
12.2 The goods delivered by Rosas Jewels that are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The buyer is not authorized to pledge the goods that are subject to the retention of title nor to encumber them in any other way.
12.4 The customer already gives unconditional and irrevocable permission to Rosas Jewels or a third party to be appointed by Rosas Jewels to, in all cases where Rosas Jewels wishes to exercise its property rights, to enter all those places where its properties will be located and to confiscate those goods there.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the customer is obliged to inform Rosas Jewels of this as soon as can reasonably be expected.
12.6 The buyer undertakes to insure and keep insured the goods delivered subject to retention of title against fire, explosion and water damage as well as against theft and to give the insurance policy for inspection to Rosas Jewels upon first request.
13.1 If the buyer is not satisfied with the products of Rosas Jewels and/or has complaints about the (execution of the) Agreement, the buyer is obliged to resolve these complaints as soon as possible, but no later than within 14 calendar days after the relevant reason that led to the complaint report. Complaints can be reported via email@example.com with the subject “Complaint”.
13.2 The complaint must be sufficiently substantiated and/or explained by the buyer in order for Rosas Jewels to process the complaint.
13.3 Rosas Jewels will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
13.4 The parties will try to find a solution together.
13.5 From February 15, 2016, consumers in the EU will also be able to register complaints via the European Commission’s ODR platform. This ODR platform can be found at http://ec.europa.eu/odr. If your complaint is not yet being processed elsewhere, you are free to file your complaint via the European Union platform.13.1 The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
14. Applicable law / competent court
14.1 Dutch law applies to every agreement between Rosas Jewels and the buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
14.2 In the event of an explanation of the content and scope of these general terms and conditions, the Dutch text is always decisive. Rosas Jewels has the right to unilaterally change these general terms and conditions.
14.3 All disputes arising from or in connection with the agreement between Rosas Jewels and the buyer will be settled by the competent court of the North Holland District Court, Amsterdam location, unless mandatory law provisions designate a different competent court.
The terms & conditions are accessible to everyone and available on the website www.rosasjewels.nl.