Terms and conditions2017-04-04T14:02:34+02:00

Terms and conditions


 

1 DEFINITIONS

In these General Terms and Conditions, the term “Sieraden Corner” means the business that is conducted under the trade name of Genesis Design and that is registered in the commercial register of the Chamber of Commerce under number 50969145.

The term “customer” means any person who enters into an agreement with Sieraden Corner through one of the websites of Sieraden Corner (see 3.2).

The term “order confirmation” means the order confirmation as defined in Article 3.2 of these Conditions.

The term “Item” means the item or items that is or are to be delivered due to the conclusion of an agreement between Sieraden Corner and the customer through or via www.sieradencorner.nl or another website of Sieraden Corner within an agreed period and for which a price is to be paid.

The term “Conditions” means these General Terms and Conditions. These Conditions are accessible on the website: www.sieradencorner.nl.

 

2. APPLICABILITY

2.1 These Conditions apply to all offers, orders, and agreements concluded with Sieraden Corner via the websites of Sieraden Corner, excluding any other general terms and conditions. By the conclusion of an agreement between the customer and Sieraden Corner through the procedure as defined in Article 3 of these Conditions, the customer accepts these Conditions.

2.2 The provisions in these Conditions may be waived only upon written approval by Sieraden Corner, in which case the other provisions of these General Terms and Conditions remain in full force.

2.3 All rights and claims, as in these Conditions, and as stipulated in any other agreements for Sieraden Corner, are also stipulated for intermediaries and other third parties hired by Sieraden Corner.

2.4 Sieraden Corner reserves the right to change these Conditions and the contents of its website.

3. OFFERS/AGREEMENTS

3.1 All offers made on the Sieraden Corner website are noncommittal until an order confirmation has been received. If Sieraden Corner needs to increase the purchase price of the item because of a statutory provision or a decision of the court, the customer will be notified immediately in writing (via letter or e-mail). In that case, Customer has the right to dissolve the agreement by notifying Sieraden Corner of this in writing (via letter or e-mail).

3.2 The agreement between Sieraden Corner and the customer is concluded the moment the latter:

* (a) has agreed to the Conditions through a check box on the website;
* (b) has placed an order on one of the websites of Sieraden Corner by fully and correctly filling out the order form on the website;
* (c) has received a confirmation from Sieraden Corner via his or her e-mail address that Sieraden Corner has received the order (the ‘order confirmation’). If Sieraden Corner reasonably cannot be required to fulfill the contract, the order confirmation will not be sent. In this case, the agreement is not concluded.

3.3 The order confirmation shall indicate at least the following information:

* (a) a description of the item purchased by the customer and the number of those items purchased;
* (b) the price of the item;
* (c) the name; the address to which the item(s) will be sent (no PO box), and the billing address (if different from home address and/or delivery address, not a PO Box either);
* (d) the e-mail address of Sieraden Corner where the customer can ask questions about his or her order.

3.4 The administration of Sieraden Corner is valid, subject to evidence to the contrary, as proof of assignments commissioned and payments made to Sieraden Corner by the customer and of deliveries made by Sieraden Corner. Sieraden Corner acknowledges that electronic communication can serve as proof. By accepting the Conditions, the customer acknowledges this as well.

3.5 If the prices on the Sieraden Corner website are shown on the website incorrectly, due to a misprint or external influences, Sieraden Corner reserves the right to cancel the purchase. Sieraden Corner will notify the customer of this in writing (via letter or e-mail).

4. PAYMENTS

4.1 Orders can be paid with the methods offered by Sieraden Corner. Sieraden Corner reserves the right to change these methods, but not in the middle of a delivery procedure.

4.2 If payment by bank transfer is chosen, Sieraden Corner reserves the right to cancel the order unilaterally if the payment has not been received after seven days. The ordered item or items will then be made available on the site(s) again.

5. TRANSPORTATION AND TRANSPORTATION COSTS

5.1 All prices for the items offered are in euros and include sales tax (VAT) and other levies imposed by the government.

5.2 Sieraden Corner reserves the right to modify the Conditions regarding the shipping costs, but never in a pending order.

5.3 The risk during transport of the item ordered by the customer is for Sieraden Corner. At the moment of delivery of the item, the risk of the item is transferred to the customer, subject to the liabilities that cannot legally be excluded by Sieraden Corner.

6. DELIVERY TIME

6.1 The maximum delivery period of the item is 30 working days after receipt of the payment, or so much shorter as stipulated in the agreement between the customer and Sieraden Corner. The delivery times specified by Sieraden Corner shall not be regarded as a fatal deadline, unless expressly agreed otherwise.

6.2 If the agreed delivery time is exceeded by Sieraden Corner, for whatever reason, Sieraden Corner will notify the customer of this in writing (via letter or e-mail). In that case, the customer has the right to dissolve the agreement, by notifying Sieraden Corner of this in writing (via letter or e-mail).

6.3 Within 10 working days after receiving the notification referred to in Article 5.2, Sieraden Corner will reimburse the customer payments made by the customer within the framework of the execution of the agreement that is then dissolved by the customer pursuant to Article 5.2 of these Conditions.

7. COOLING OFF PERIOD

7.1 After the customer has received his or her order, he or she has the right to dissolve the agreement with Sieraden Corner within 14 working days of receipt of this item. He or she is not obliged to give a reason.

7.2 If the customer wishes to dissolve the agreement under Article 7.1 of these Conditions, he or she must notify Sieraden Corner of this in writing (via e-mail or letter). He or she must return the item to Sieraden Corner immediately. The customer shall bear the costs and risk of the return shipment. If the customer returns the item in a way that does not match the procedure indicated by Sieraden Corner, he or she loses all rights to a refund if the item is not returned or if it is damaged.

7.3 Within 14 days after Sieraden Corner has received the item returned by the customer, Sieraden Corner will reimburse the customer the payments made by the customer when he or she has dissolved the contract with Sieraden Corner under Article 7.1 and 7.2 of these Conditions.

7.4 Sieraden Corner reserves the right to refuse items returned or to refund only a portion of the amount already paid when it is suspected that the item has already been opened, used, or damaged by fault of the customer (other than that of Sieraden Corner or the supplier of the item).

7.5 If an item is returned that has been damaged in the opinion of Sieraden Corner that is due to an act or omission of the customer or otherwise at his or her risk, Sieraden Corner will notify the customer of this in writing (via letter or e-mail). Sieraden Corner is entitled to deduct the depreciation of the item because of this damaging from the reimbursement to the customer.

8. MONEY BACK GUARANTEE

8.1 If, within 30 days after the customer has received the item, the item appears to have a defect, the customer has two options: (a) he or she may ask Sieraden Corner in writing (via letter or email) for a repair, replacement or delivery of the missing or defective part of the item; or (b) he or she may dissolve the agreement with Sieraden Corner by notifying Sieraden Corner of this in writing (via letter or email).

8.2 If the customer asks Sieraden Corner for a repair, replacement or delivery of the missing or defective part of the item, he or she must return the item to the Sieraden Corner. Within 5 days after the return receipt, Sieraden Corner will determine whether the item can be repaired and notify the customer of this in writing. If this is the case, Sieraden Corner will repair or replace it (or have it repaired or replaced) and return it to the customer within 20 working days of receipt. The cost of the return shipment, replacement and/or repair of the item, and the return shipment of the item to the customer shall be borne by Sieraden Corner, unless it is likely that the missing of (part of) the item or the defect of the item is due to the customer or otherwise for the customer’s account and risk. In that case, Sieraden Corner is not obliged to rectify the defect of the item or to add the missing part to the item. Sieraden Corner will then return the item in the same condition in which it has received the item from the customer. If the item cannot be repaired, and the customer is not in any way culpable for the reason of this, then he or she can choose whether he or she wants to have it returned or wants his or her money back. At that moment, Article 6.3 enters into force.

8.3 If the customer dissolves the agreement pursuant to Article 7.1 (b), he or she must return the item to Sieraden Corner immediately, in the manner indicated by Sieraden Corner. The costs of return shipment are borne by the customer. The amount paid during the order will be reimbursed on the account of the customer within 10 days. Article 6.5 applies to this Article clause.

9. WARRANTIES

9.1 Legal warranties apply to the items delivered by Sieraden Corner.

10. COMPLAINTS

10.1 Sieraden Corner will consider all complaints concerning the delivery, quality, condition of the item or any other complaint seriously.

10.2 The customer must submit a complaint to Sieraden Corner (details listed in Article 12 of these Conditions).

10.3 Sieraden Corner will attempt to resolve the complaint within 10 days. Sieraden Corner will notify the customer of this in writing (via letter or e-mail).

11. PRIVACY

11.1 The personal data that Sieraden Corner registers will only be used to fulfill the contract. Only after prior consent, Sieraden Corner can also use this data to make the customer personalized offers.

11.2 The personal data processed are all data entered by the customer in the order form when he or she orders or has ordered an item.

11.3 Sieraden Corner will not provide third parties with personal data of customers.

11.4 The customer can view his or her personal data at any time, by sending Sieraden Corner a request to this effect in writing (via letter or email). Within four weeks, Sieraden Corner will provide him or her with an overview of the personal data present at Sieraden Corner. If the customer believes that his or her personal data should be improved, completed, removed or protected because they are factually incorrect, are incomplete or irrelevant for the purpose above or are processed in violation of a statutory provision, he or she must notify Sieraden Corner of this in writing (by letter or e-mail), in which he or she indicates that the personal data should be improved, completed, removed or protected. If the customer wishes to have his or her personal data improved and/or supplemented, he or she also indicates in the message what improvements/additions to the personal data need to be made. In all cases, Sieraden Corner will immediately follow the instructions, unless the company is not capable of this. In that case, Sieraden Corner will delete the personal data from the file.

12. APPLICABLE LAW, MEDIATION AND DISPUTES

12.1 Dutch law applies to all agreements concluded with Sieraden Corner.