Terms and Conditions
Terms and Conditions
General terms and conditions for the 'Bracelets' webshop.
Article 1 Definitions
- Bracelets is a trade name of the company Bracelets, which aims to offer various Products (online), as well as the associated installation of these Products.
- In these General Terms and Conditions, 'Private Customer' means: the natural person who uses the Services of Bracelets gives the order to provide Services as referred to in Paragraph 6.
- In these General Terms and Conditions, 'Business Customer' means: the natural person or legal person or the partnership of legal persons or acting on behalf of this intermediary or representative who uses the Services of Bracelets and instructs them to provide Services as referred to in paragraph 6.
- In these General Terms and Conditions, 'Customer' is understood to mean: the natural and legal person or the partnership of legal persons and/or natural persons or acting on behalf of this intermediary or representative who uses the Services of Bracelets and instructs them to provide Services as referred to in Paragraph 6.
- In these General Terms and Conditions, 'Agreement' is understood to mean: the legal relationship between Bracelets and Customer, in the broadest sense.
- In these General Terms and Conditions, 'Services' means: all Products delivered to the Customer by Armbanden and/or third parties engaged by it, including the purchase and sale of Products, as well as all other work performed by Armbanden for the Customer, of which whatever nature, performed in the context of an assignment, including work that is not performed at the express request of the Customer.
- In these General Terms and Conditions, 'Website' means: the Website www.armbanden.nl, and all websites that armbanden.nl operates on which it offers Products, including this webshop/website.
Article 2 Applicability of the General Terms and Conditions
- The General Terms and Conditions apply to all Agreements concluded between the Customer and Armbanden in which Armbanden offers Services.
- These General Terms and Conditions also apply to all websites, domains, brands and platforms that Armbanden operates.
- Deviations from the General Terms and Conditions are only valid if expressly agreed in writing with Bracelets.
- The applicability of purchase or other conditions of the Customer is expressly rejected, unless expressly agreed otherwise in writing.
The General Terms and Conditions also apply to additional or changed orders from the Client.
Article 3 The Agreement
- All offers on the Website are without obligation, unless expressly stated otherwise.
- The Customer can contact contact Bracelets via the Website, email or telephone for any of the Services offered.
- Customer can place orders on the Website(s). The Agreement is then concluded by placing an order.
- If Bracelets sends a confirmation to the Customer, this is decisive for the content and explanation of the Agreement, subject to obvious errors in writing. Bracelets cannot be held to its offer if the Customer can reasonably understand that the offer, or a part thereof, contains an obvious mistake or error.
Article 4 Execution of the Agreement
- Armbanden will endeavor to perform the Services to the best of its knowledge and ability and in accordance with the requirements of good workmanship, as well as as much as possible in accordance with the agreements laid down in writing.
- Armbanden has the right to have certain activities, including, for example, sending Products and installing the Products and/or equipment, performed by third parties.
- When engaging third parties, Bracelets will exercise due care and consult with the Customer in the selection of these third parties, as far as this is reasonably possible and customary in the relationship with the Customer. The costs of engaging these third parties will be borne by the Customer and will be passed on to the Customer by Armbanden.
- The Customer shall ensure that all data, which Bracelets indicates are necessary or which the Customer should reasonably understand are necessary for the execution of the Agreement, are provided to Bracelets in a timely manner. If the information required for the implementation of the Agreement has not been provided to Bracelets in time, Bracelets has the right to suspend the implementation of the Agreement and/or to charge the additional costs resulting from the delay to the Customer in accordance with the then usual rates. to take.
- The Customer ensures that Armbanden can perform its Services in a timely and proper manner. If the Customer does not comply with its agreements in this regard, it is obliged to compensate the resulting damage.
- If a term has been agreed or specified for the performance of Services, this is never a strict deadline. If a term is exceeded, the Customer must give Bracelets written notice of default. Bracelets must be offered a reasonable period of time to still implement the Agreement.
Article 5 Amendment of the Agreement
- If during the execution of the Agreement it appears that it is necessary to change or supplement it for proper execution, then Bracelets and the Customer will proceed to adjust the Agreement in good time and in mutual consultation.
- If the Agreement is amended, including an addition, this is an additional assignment. A separate payment agreement will be made in advance for this additional assignment. Without an additional quote, the original terms and conditions apply, whereby the additional Services are paid at the agreed rate.
- The non-execution or non-immediate execution of the amended Agreement does not constitute a breach of contract on the part of Bracelets and is no ground for the Customer to cancel or dissolve the Agreement.
- Changes to the originally concluded Agreement between Bracelets and the Customer are only valid from the moment that these changes have been accepted by both parties by means of an additional or amended Agreement. This change will be made in writing.
Article 6 Suspension, dissolution and premature termination of the Agreement
- Armbanden is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement if the Customer does not fulfill the obligations under the Agreement, or does not do so in full or on time, or if Armbanden has good grounds to fear that the Customer will fail in those obligations. fall short.
- Furthermore, Armbanden is authorized to dissolve the Agreement if circumstances arise of such a nature that fulfillment of the Agreement is impossible or unaltered maintenance of the Agreement cannot reasonably be required.
- If the Customer does not fulfill its obligations arising from the Agreement and this non-fulfilment justifies dissolution, then Armbanden is entitled to dissolve the Agreement immediately and with immediate effect without any obligation on its part to pay any compensation or compensation, while the Customer, under of default, but compensation or compensation is required.
Article 7 Cancellation
- Cancellation must be made in writing and explicitly confirmed by Armbanden.
- Once the product has been processed, cancellation is no longer possible.
- In the event of full or partial cancellation, all costs incurred at that time arising from the Agreement will be charged.
Article 8 Costs, remuneration and payment
- All amounts stated in the quotation are in euros and include VAT, unless stated otherwise.
- The amounts in the webshop are inclusive of VAT and exclusive of shipping costs, unless stated otherwise.
- The shipping costs for the order will be calculated when completing the payment procedure. The shipping costs are borne by the Customer.
- If an order is a certain minimum amount, Bracelets will not charge shipping costs. The amount of this amount at which no shipping costs are charged depends on the website where the Product was ordered, the type of Product and/or Service.
- Armbanden has the right to rectify apparently incorrect entries in the quotation.
- Armbanden is entitled to demand a minimum of 100% advance payment when selling goods online.
Payment can be made via:
- Bank contact
- Apple Pay
- Afterwards payment method via Klarna
- The Customer has the obligation to immediately inform Bracelets of any inaccuracies in the stated or provided payment details.
- It is not possible for the Customer to pay in installments.
- If the Customer fails to pay an invoice on time, the Customer will be in default by operation of law, without further notice of default being required. The Customer then owes the statutory interest. The interest on the due and payable amount will be calculated from the moment that the Customer is in default until the moment of payment of the full amount due.
- If Bracelets decides to collect a claim due to non-payment of one or more unpaid invoices by legal means, the Customer is, in addition to the principal sum due and the interest referred to in Article 9.11, also obliged to reimburse all judicial and extrajudicial costs reasonably incurred. . The reimbursement of judicial and extrajudicial costs incurred will be determined in accordance with the then applicable Decree that pertains to compensation for extrajudicial collection costs.
Article 9 Shipment and delivery
- Unless agreed otherwise in writing, shipment and packaging will be carried out by Armbanden itself, or by a carrier from one of the warehouses within Europe.
- If an order is lost or received damaged, the Customer must contact Bracelets via email email@example.com, and a suitable solution is sought in joint consultation.
- The carrier is responsible from the moment that armbanden.nl has transferred the product to the carrier. The product is at the risk of the customer from the moment the customer has received the product.
- The delivery time of Bracelets depends on the order.
- If the delivery takes place via dropshipping, the delivery times are indicative and are partly dependent on the courier services.
- If the Products are available to the Customer after the delivery period has expired, but are not accepted by him, the Services will be stored at his disposal at his risk and expense, regardless of the reason for non-acceptance.
Article 10 Return and refund
- If the order was placed by a Private Customer, Products can be returned at their own expense within fourteen (14) days of receipt, without giving any reason. The entire amount paid by the Private Customer including shipping costs (if shipping costs were paid with the order) will be fully refunded within fourteen (14) days after receipt of the Product. During these fourteen (14) days, the Private Customer is obliged to handle the Product received with care. If the Private Customer decides to return the Products, and it is not necessary to remove the packaging, then Bracelets asks not to do so.
- Private Customer can return the Product via a self-chosen postal company. The costs of return are for the account of the Customer.
- If the Private Customer wishes to return the order, the Private Customer must download and complete the return form from the Website. The Private Customer must enclose this form with the return shipment.
- As soon as the Products have been returned by Bracelets, Bracelets will proceed to a refund.
- If the Product has been opened or tested by the Private Customer, the Product can no longer be returned. This also applies if the reflection period referred to above has not yet been exceeded.
- Armbanden can exclude the following Products from return: Products that have been custom-made and/or Products that have been custom-ordered, and sealed Products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery . Products that are custom ordered for a customer from a supplier outside stock are excluded from return.
- The Products are excluded from return until they have been received by the Retail Customer.
After this period, returns are possible if the Customer can prove that damage has occurred upon arrival of the order that was not caused by the Customer.
Article 11 Liability
- The Customer is responsible for providing correct and representative data and information necessary for the performance of the Agreement. Armbanden is not liable for damage, including on the basis of an incorrect order, if the Customer has provided incorrect, non-representative or irrelevant information.
- The delivery term communicated to the Customer can only be stated approximately. Although every effort will be made to meet the delivery term, Armbanden is never liable for the consequences of exceeding the term stated there. Exceeding the term does not entitle the Customer to cancel the Products, or to refuse receipt or payment of the Products, nor does Armbanden owe any compensation to the Customer.
- Armbanden is not liable for errors or omissions of third parties engaged by it. By using the Services of Bracelets, the Customer grants Bracelets the authority to, if a third party engaged by Bracelets wishes to limit its liability, also accept that limitation of liability on behalf of the Customer.
- Armbanden is not liable for indirect damage, including but not limited to consequential damage.
- Armbanden is not liable for any typos on the Website(s).
- Bracelets cannot be held to its published price if the Customer can reasonably understand that the price, or a part thereof, contains an obvious mistake or error.
- Armbanden is not liable for non-compliance or late fulfillment of the obligations arising from the Agreement, in case this is caused by force majeure as referred to in Article 13.
- The Customer indemnifies Bracelets against claims from third parties, of whatever nature, related to the Services.
- Since Bracelets are not the producer, but the supplier of the Product, in the event of defects, Bracelets will provide the Customer with all necessary information to hold the manufacturer or importer liable for the defects in question.
- If Bracelets is nevertheless held liable, it will only be liable for direct damage actually incurred, paid or due by the Customer due to a demonstrable failure of Bracelets' obligations with regard to its Services.
- The liability of Armbanden is limited to the amount covered and paid out by the insurer. If the insurer does not pay out, or if Bracelets is not insured, the liability is limited to the amount paid by the Customer.
- The limitation of liability as described in this article does not apply if there is intent or deliberate recklessness on the part of Bracelets.
- In accordance with Article 10 paragraph 3 of these General Terms and Conditions, Armbanden is not liable for any damage to Products during their transport if the Products in question have been ordered by the Business Customer.
This provision does not exclude liability to the extent that liability may not be limited or excluded by law.
Article 12 Force majeure
- Force majeure is understood to mean all external causes, beyond the control or actions of Bracelets, as a result of which timely, complete or correct fulfillment of the Agreement is no longer possible.
- Force majeure as referred to in the previous paragraph also includes, but is not limited to: non-compliance by a third party, illness of the staff of Armbanden itself or a third party, abnormal weather conditions, disruptions in water and energy supplies, strikes, serious disruptions in the systems of Bracelets, fire, floods, natural disasters, riots, war, epidemics/pandemics or other domestic unrest.
- In the event of force majeure, fulfillment of the Agreement will be suspended for as long as the force majeure continues.
- If the force majeure continues for more than one month, both parties are entitled to dissolve the Agreement without judicial intervention. In such a case, Armbanden will refund any amounts paid, less all costs that Armbanden has incurred in connection with the Agreement.
Article 13 Legal guarantee
- In respect of the Private Customer, Armbanden offers a guarantee for the Products it supplies against material and manufacturing defects. The guarantee means that Armbanden will repair the errors to the best of its ability and replace them if necessary. Defects must be reported to Bracelets in writing as soon as possible after discovery by e-mail to firstname.lastname@example.org.
- The guarantee does not apply if the errors are wholly or partly the result of incorrect, incompetent, careless use, use for other than normal purposes or external causes, including but not limited to fire or water damage. This is at the discretion of Bracelets.
- The warranty also does not apply if the Products have been modified or maintained by third parties.
- An additional guarantee provided by Bracelets, its supplier, manufacturer or importer never limits the legal rights and claims that the Private Customer can assert against Bracelets on the basis of the agreement if Bracelets failed to fulfill its part of the agreement.
- Under no circumstances will a warranty be given on connection materials, mounting materials and accessories, nor in the event of discolouration.
- If Armbanden carries out repair work that falls outside the scope referred to in this article, these will be charged to the Customer.
- The provisions in the general terms and conditions with regard to warranty do not affect the Customer's warranty claims under the law.
Article 14 Advertising
- The Customer is obliged to inspect or have inspected the delivered Product at the time of delivery, at least within the shortest possible term after receipt. In doing so, the Customer should examine whether the quality and quantity of the delivered goods correspond with what has been determined in the Agreement.
- Errors or inaccuracies that can be found during a first inspection by the Private Customer, taking into account the requirements of reasonableness and fairness, must be reported to Armbanden in writing within fourteen (14) working days after receipt of the Services, with proof of purchase. unless this is impossible or unreasonably onerous. A term of 5 (in words: five) days applies to the Business Customer, unless this is impossible or unreasonably onerous.
- Other complaints, including complaints that could not be detected during a first inspection by the Private Customer, must be reported to Bracelets in writing within one (1) month at the latest, in accordance with the provisions of paragraph 2. For the Business Customer, a period of 14 (in words: fourteen) days.
Article 15 Confidentiality of data
- Each of the parties guarantees that all information received from the other party that is known or should be known to be of a confidential nature will remain confidential. The party receiving confidential information will only use it for the purpose for which it was provided. Information is in any case considered confidential if it has been designated as such by one of the parties. Bracelets cannot be held to this if the provision of data to a third party is necessary as a result of a court decision, a statutory regulation or for the correct execution of the agreement.
Article 16 Intellectual Property
- Armbanden reserves the rights and powers to which it is entitled under the Copyright Act.
- Customer guarantees that no rights of third parties oppose making data available to Bracelets. Customer shall indemnify Bracelets against any action based on the allegation that making available, using, modifying, installing or incorporating such violates any right of third parties.
Article 17 Complaints procedure
- If the Customer has a complaint, the Customer must send this in writing to email@example.com.
Article 18 Identity of Bracelets
- Bracelets has the most recent postal address on the Contact page to stand. Letters and correspondence can be received on this.
- Armbanden is registered with the Chamber of Commerce under number 14 11 63 37. Armbanden is located at the address specified on the contact page.
- Bracelets can be reached by e-mail via firstname.lastname@example.org or via chat on the website armbanden.nl.
Article 19 Applicable law and competent court
- Dutch law applies to the legal relationship between Bracelets and its Customer.