Terms of service

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Reflection period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who does not act for purposes relating to their trade, business, craft, or profession and enters into a distance contract with the entrepreneur;

Day: calendar day;

Continuing performance contract: a contract for the regular delivery of goods, services, or digital content during a defined period;

Durable medium: any instrument that enables the consumer or entrepreneur to store information addressed to them personally in a way that facilitates future consultation and unaltered reproduction of the stored information;

Right of withdrawal: the consumer's option not to proceed with the distance contract within the reflection period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;

Distance contract: a contract concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content, or services, without the simultaneous physical presence of the entrepreneur and the consumer, with the exclusive use of one or more means of distance communication up to and including the moment the contract is concluded;

Means of distance communication: any means that can be used for concluding a contract between the entrepreneur and the consumer without them being physically present in the same place.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

StoneyBracelets.nl, owned by RVH Handelsonderneming

Dorpsstraat 29, 5241EA, Rosmalen

Email address: info@stoneybracelets.com

Chamber of Commerce number: 76008347

VAT identification number: NL79RABO0346509211

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer upon request as soon as possible.

If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer by electronic means or otherwise upon request.

In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply by analogy and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are wholly or partially nullified or destroyed at any time, the agreement and these conditions will remain in force for the remainder and the provision concerned will be replaced by mutual agreement as soon as possible.

Situations not regulated by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

Ambiguities in the interpretation or content of one or more provisions of our terms and conditions shall be construed 'in the spirit' of these general terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;
any delivery costs;
the way in which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, or implementation of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the level of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the basic tariff;
if the agreement is archived after its conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the agreement, can check the data provided by them in the context of the agreement and, if desired, restore them;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of a contract that involves the regular delivery of products or services.

Article 5 – The contract

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur can, within legal frameworks, obtain information about the consumer's ability to fulfil their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.

The entrepreneur will send the following information along with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the details included in Article 4(3) of these terms and conditions, unless the entrepreneur has already provided them to the consumer before the execution of the agreement;
the requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for 30 days. This reflection period commences on the day following receipt of the product by the consumer or a representative designated by the consumer and announced to the entrepreneur.

During the reflection period, the consumer will handle the product and the packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to make use of their right of withdrawal, they are obliged to notify the entrepreneur of this within 30 days of receiving the product. The consumer must make this known using the model withdrawal form or in another unequivocal manner to the entrepreneur.

The consumer shall return the product as soon as possible, but within 30 days of the day following the notification referred to in paragraph 2. This must be done in accordance with the reasonable and clear instructions provided by the entrepreneur.

Article 7 – Costs in case of withdrawal

If the consumer exercises their right of withdrawal, they will bear no more than the cost of returning the product.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive proof of complete return can be provided.

Article 8 – Exclusion of right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly of a personal nature;
that cannot be returned due to their nature;
that quickly spoil or become obsolete;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, restaurant business, or leisure activities to be carried out on a certain date or during a certain period;
the delivery of which has started with the express consent of the consumer before the reflection period has expired;
concerning bets and lotteries.

Article 9 – The price

During the period of validity indicated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding the preceding paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.

Price increases within 3 months after conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

they are the result of statutory regulations or provisions; or
the consumer is authorized to terminate the agreement with effect from the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

Article 10 – Conformity and Guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The entrepreneur's guarantee period corresponds to the manufacturer's guarantee period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The guarantee does not apply if:

the consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or the instructions on the packaging;
the defect is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will take the greatest possible care when receiving and executing product orders.

The place of delivery is the address that the consumer has made known to the entrepreneur.

With due observance of the stipulations in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement item. It will be stated clearly and comprehensibly, at the latest upon delivery, that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative appointed in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Continuing performance transactions: duration, termination and renewal

Termination

The consumer may terminate an agreement entered into for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the definite period, with due observance of the agreed termination rules and a notice period of no more than one month.

With respect to the agreements referred to in the previous paragraphs, the consumer may:

terminate them at any time and not be limited to termination at a specific time or during a specific period;
at least terminate them in the same way as they were entered into;
always terminate them with the same notice period as the entrepreneur has stipulated for itself.

Renewal

An agreement entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.

Notwithstanding the previous paragraph, an agreement entered into for a definite period, which extends to the regular delivery of daily, news and weekly newspapers and magazines, may be tacitly extended for a definite period of no more than three months, provided the consumer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.

An agreement entered into for a definite period, which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month, and a notice period of no more than three months where the agreement extends to the regular delivery, less than once a month, of daily, news and weekly newspapers and magazines.

An agreement with a limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period as referred to in article 6 paragraph 1. In the case of a contract for the provision of a service, this period commences after the consumer has received confirmation of the contract.

The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of consumer default, the entrepreneur, subject to legal limitations, has the right to charge the reasonable costs communicated to the consumer in advance.

Online payments are processed by our payment provider; Shopify Payment, which ensures a secure payment environment. Payment is possible via iDeal, Paypal, Credit card, Apple Pay, Google Pay, Amex, and Visa. No additional charges are incurred for payment.

Article 14 – Complaints Procedure

Complaints about the execution of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, after the consumer has noticed the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at her discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.