Article 1
DEFINITIONS
1.1. In these terms and conditions "Seller" means Taj Amsterdam. Taj Amsterdam designs jewelry that she has made in Indonesia and then delivers it to the "Buyer". Taj Amsterdam is registered with the Chamber of Commerce with number 60160594. The VAT number is 853789344B01. The Buyer can reach Taj Amsterdam by sending an email to [email protected]. Taj Amsterdam will always respond as soon as possible, by e-mail or by telephone.
1.2. In these terms and conditions, "Buyer" means everyone who enters into an agreement with the Seller. In other words: the party that has given the Seller an order to deliver the said products. The Buyer is not a consumer or final end user.
1.3. In these terms and conditions, "delivery" means that the products are placed in the possession of the Buyer. Taj Amsterdam offers the ordered products at the delivery address indicated by the Buyer.
Article 2
APPLICABILITY
2.1 These General Terms and Conditions apply to all products, offers, orders, agreements and deliveries from Taj Amsterdam. By purchasing a product from Taj Amsterdam - via an order form, via the website or in an alternative manner - you agree to these General Terms and Conditions. That is why it is important that the Buyer reads these General Terms and Conditions carefully before placing an order. If something is not clear about these General Terms and Conditions and the Buyer still has questions, the Buyer can send an email to [email protected]. Taj Amsterdam will always respond as soon as possible, by e-mail or by telephone.
2.2. These terms and conditions also apply to all agreements with the Seller that have been concluded with the help of a third party.
2.3. Deviations from these conditions only apply insofar as they have been expressly agreed in writing by both parties.
2.4. If one or more provisions are declared inapplicable in these General Terms and Conditions, this will not affect the legal validity of the other general terms and conditions.
2.5. If the Seller allows a deviation from these conditions in favor of the Buyer, the Buyer cannot derive any rights from this for the future.
Article 3
FORMATION AND AMENDMENT OF THE AGREEMENT
3.1. The agreement is binding when the Buyer places an order. Taj Amsterdam processes the order after the agreed payment has been received. Until then, Taj Amsterdam is the sole owner of the products
3.2. All indications in offers, quotations or agreements and the appendices thereto - such as images, sizes, weights and colors - and the properties of any test specimens provided can only be regarded as an indication. Small deviations are therefore not at the expense and risk of the Seller. Taj Amsterdam jewelry is made by hand and sometimes contains natural materials (such as pearls and gemstones). This means that jewelry can always deviate slightly from each other and from samples.
3.3. Any errors or mistakes in the Seller's offers release the Seller from the obligation to comply and / or from any compensation obligations ensuing therefrom. This also applies after the conclusion of the agreement.
Article 4
PRICES
4.1. The sales prices stated by the Seller are in Euro (€) and are exclusive of turnover tax (BTW / VAT) and other levies imposed by the government. For Dutch customers (and for European customers who do not have an International VAT number), 21% Dutch VAT will be imposed.
4.2. Prices / recommended retail prices stated by the Seller in catalogs or otherwise are not binding on the Seller. After the conclusion of the agreement, the Seller is entitled to increase the agreed prices in the event of, among other things, interim increases and / or surcharges on freight, customs tariffs, products and / or land prices, taxes, wages or social charges, depreciation of the Dutch and / or increase in foreign currency and all those government measures that increase prices.
4.3. If price increases are implemented as mentioned in article 4.2 above, the Buyer will be entitled to cancel the agreement, provided that he informs the Seller in writing. In the event of cancellation, the Buyer is not entitled to compensation.
Article 5
PROPERTY RESERVATION
5.1. All products to be delivered and delivered by the Seller remain the property of the Seller under all circumstances, as long as the Buyer has any claim from the Seller, including in any case the purchase price, extrajudicial costs, interest, penalties and any other claims as referred to in Article 3: 92 (BW) has not complied.
5.2. The Buyer is not authorized to pledge the products delivered under retention of title, as long as the ownership thereof has not passed to it, to third parties, to encumber them in any other way or to transfer them in whole or in part, except insofar as this transfer is carried out in order to carry out the usual business activities of the customer takes place.
5.3. If the Buyer fails to fulfill his payment obligations towards the Seller or if the Seller has good reason to fear that he will fall short of those obligations, the Seller is entitled to take back the products delivered under retention of title. The Buyer irrevocably grants the Seller permission to access the room (s) in which the delivered products are located.
5.4. After repossession, the Buyer will be credited for the market value, up to a maximum of the original purchase price, minus costs incurred by the Seller for taking back the goods.
5.5. The Buyer is permitted to sell and transfer the products delivered under retention of title to third parties in the normal course of his business.
Article 6
DELIVERY AND RISK
6.1. Delivery takes place as expressly agreed and as indicated on the order confirmation / invoice. Agreements regarding deviations from this delivery can be made individually and incidentally at customer level.
6.2. After delivery, the products are the responsibility of the Buyer in accordance with Article 1.3. Damage can then only be reimbursed if the Buyer has notified this in writing within 48 hours of receipt of the products, in the appropriate manner, and by submitting photos.
Article 7
DELIVERY TIME
7.1. The delivery terms in offers, quotations, agreements or otherwise are always made by the Seller to the best of its knowledge and these terms will be observed as much as possible. Nevertheless, the specified delivery times are not binding.
7.2. The Seller will adhere as much as possible to the specified delivery time, but is not liable for the consequences of exceeding this. Exceeding the delivery time does not oblige the Seller to pay any compensation, nor does it give the Buyer the right to declare the agreement dissolved. However, the Buyer has the right to summon the Seller in writing within 6 weeks after the expiry of the delivery time. If this term is exceeded, the Buyer has the right to declare the agreement dissolved.
Article 8
PAYMENT
8.1. Payment must always be made within 14 days of the invoice date. All payments by the Buyer will be made within the agreed payment term without deduction or set-off to a bank account to be designated by it for the benefit of Taj Amsterdam.
8.2 The Buyer always pays 50% of the purchase price in advance for the first order and all follow-up orders above 500 euros - meaning before delivery of the products - if the order must be made to order in Bali and cannot be delivered from its own stock. The remaining 50% of the purchase price is paid by the Buyer in the Netherlands at the latest after receipt of the products, and at the moment the order is ready to be shipped to the Buyer in all other countries.
8.3 Small advance orders - with a value of up to € 499 - do not always require an advance payment. The Seller has the right to determine per agreement whether prepayment is required or not. If no prepayment is required, the Buyer agrees to pay the purchase price within 14 days of the invoice date.
8.4. The Seller always has the right to invoice or invoice delivered products per partial delivery.
8.5. Payment is made by deposit or transfer to a bank and / or giro account designated by the Seller.
If advance payment is refused, the Seller is entitled to dissolve the agreement and the customer is liable for any damage resulting from this for the Seller.
8.6. If payment is not made on time, the Buyer is in default by operation of law without the need for notice of default. From that moment on, the Buyer owes the Seller statutory commercial interest as referred to in Article 6: 119a BW.
8.7. Payments made by the Buyer will always be used to pay off all interest and costs owed and subsequently for the longest outstanding due and payable invoices, even if the Buyer states that the payment relates to a later invoice.
8.8. The Seller has against the Buyer who has not paid on time, or - if applicable - who is no longer insurable according to a credit insurer, without prejudice to his other rights as a result of these conditions and / or the law, the right to provide security for the payments and / or to demand advance payment and / or immediate payment upon first offering the products to the Buyer (cash on delivery) for all current agreements between the Seller and the Buyer. If the Buyer refuses to comply with this security, the Seller is entitled to dissolve the relevant agreement in whole or in part by means of a written statement, whereby the Seller obtains the right to compensation in accordance with the provisions of Article 10.5.
Article 9
DISCLAIMER AND FAILURE
9.1. In the event of non-fulfillment by the Buyer of a due and payable claim on the agreed payment date, the Seller has the right to suspend the fulfillment of its obligations arising from all agreements between the Seller and the Buyer until fulfillment takes place, without prejudice to its other obligations from the suspension rights ensuing from law. Also, in the event of non-fulfillment by the Buyer of a due and payable claim, all claims of the Seller against the Buyer become immediately and fully due and payable.
9.2. All claims against the Buyer become immediately due and payable, even if the payment term has not yet expired, if the Buyer is in default with any payment obligation, or is declared bankrupt, applies for suspension of payments, is in a state of liquidation, or other circumstances arise that could jeopardize the recovery of the Seller's claims. The Seller also has the right to dissolve agreements when the Buyer is in default with any payment obligation, or is declared bankrupt, applies for a moratorium, goes into liquidation, or other circumstances arise the story of the Seller's claims could be jeopardized.
9.3. The Buyer is obliged in the event of the threat of one of the cases in Article 9.2. immediately report this to the Seller.
Article 10
WARRANTIES / COMPLAINTS / CANCELLATION
10.1. The Buyer can no longer rely on the fact that what has been delivered does not comply with the agreement if he has not informed the Seller in writing within 48 hours after delivery of the products. Also, the right to warranty lapses 3 months after the date of sale to the end user and if the products contain signs of wear and / or have been worn, with the exception of hidden defects (such as loosening of a stone or the like due to an error on the part of the Seller's maker ). The Seller always has the exclusive right to make a reasonable decision in this regard in the individual case.
10.2. For a successful warranty claim, the original sales receipt must always be presented, as well as visual or physical evidence that a warranty claim is justified. It is up to the Seller to decide whether photographic evidence is sufficient or whether the jewelry must be physically inspected by Taj Amsterdam.
10.3. Cancellation of a placed order is in principle not possible. If circumstances, according to the Buyer, nevertheless necessitate cancellation, the Seller may be consulted. The Seller has the exclusive right to decide on the possibility of canceling the order. The cancellation costs are 10% of the total order if the order has not yet been put into production. If the order has already been put into production, cancellation is in no case possible.
10.4. Exchange is a favor and not a right. In case an exchange is allowed by the Seller, this will take place on its conditions whereby the price of the purchase is based on the then current prices for items from stock.
10.5. Taj Amsterdam's jewelry is handmade and consists of various precious materials. To ensure that the jewelry remains beautiful for a long time, Taj Amsterdam would like to give the Buyer the following care instructions to give to the end user:
Gold plated jewelry
In order to maintain the color of gold-plated jewelry, it is important that end users take off their jewelry before showering and swimming or if there is a chance that the jewelry will get wet in another way (such as during washing). In addition, the end user must avoid contact between the jewelry and perfume, oils, lotions and other similar products and ensure that a jewelry does not come into contact with chemicals (such as cleaning products). Taj Amsterdam also discourages end users from sleeping and exercising with jewelry.
Sterling silver
Sterling silver is a soft precious metal. This means that scratches and dents in sterling silver jewelry can occur by wearing them. In order to keep silver jewelry as beautiful as possible, the end user is advised to take off his jewelry if, for example, he works in the garden, sports or does something else where he can burden his jewelry. In addition, if silver jewelry is not worn for a while or is in a damp room (this can even be a bedroom or retail space), the color may darken slightly. Polish the jewelry with some silver polish (such as Silvo) and a dry cloth and they will look like new again.
Article 11
LIABILITY
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.
Article 12
FORCE OF THE MAJORITY
12.1. Neither party is obliged to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not due to its fault or that it is not responsible for by law, legal act or prevailing views.
12.2. The following circumstances are deemed not to be for the account of the Seller: strikes, traffic, transport or business disruptions, disturbances, war states, default of suppliers of the Seller.
12.3. If the Seller has already partially fulfilled its obligations upon the occurrence of force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice if it concerned it is a separate agreement.
Article 13
INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
13.1. All intellectual property rights, including copyrights on designs, drawings, packaging, samples and photos, regardless of origin, with regard to the products supplied by the Seller remain with the Seller. The Buyer is expressly not allowed to copy designs and / or have them manufactured elsewhere by third parties. If this is determined, the Seller will receive an immediately due and payable claim of € 7,000.00 per observation against the Buyer.
13.2. The Seller declares that, to the best of its knowledge, the products do not infringe any intellectual property rights of third parties in force in the Netherlands. However, the Seller cannot indemnify the Buyer against possible infringements of intellectual property rights of third parties.
13.3. The Buyer is allowed to use the photo material made available by the Seller on his site and social media channels to support the Seller's brand. For other purposes or other uses, this is only permitted after the express written permission of the Seller.
Article 14
DISPUTES
14.1. Dutch law is exclusively applicable to agreements with the Seller. All disputes will in the first instance be brought before the competent court of the Seller's place of business, unless the Seller may prefer the court at the Buyer's location or place of residence or prescribe mandatory law.
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