The offer of movable property on the Website is not sold by Website Holder, but by Seller. For this reason, a contract is concluded between the Buyer and the Seller for the purchase of movable property. The Website Holder is therefore not itself a party to this contract of sale. For the sake of convenience, the general terms and conditions applicable between the Seller and the Buyer are included in this document. Note that these general terms and conditions are applicable between the Buyer and the Seller and cannot therefore be invoked against the Website Holder.
If the Seller is established in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive shall apply. This Directive includes the following rights and warranties:
- Seller shall provide Buyer with clear and written information regarding taxes, payment, delivery and performance of the contract.
- Buyer will receive order within 30 days, unless another term has been agreed with Seller. If the movable property in question is not (or no longer) available, Seller must inform Buyer of this. Any (down) payments must be refunded within thirty days, unless Seller delivers a comparable movable item.
- The Buyer has a right of withdrawal, which means that the Buyer may reverse the purchase for at least fourteen days without giving reasons. Any shipping costs incurred shall be borne by the Buyer. Any (down) payments must be refunded within thirty days.
ARTICLE 1 - DEFINITIONS
In these mediation conditions is understood to mean:
Website: made available platform accessible through Voremy.com, including all associated subdomains.
Slangen Trading B.V.
Het sittert 3
Buyer: the person who makes a purchase on the aforementioned website.
Seller: company that, either as a producer or as a trader, sells movable goods to the Buyer.
ARTICLE 2 - BUYER'S RIGHTS
If the Seller is established in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This Directive includes the following rights and warranties:
Seller shall provide Buyer with clear and written information regarding taxes, payment, delivery and performance of the contract.
Buyer will receive order within 30 days, unless another term has been agreed with Seller. If the movable property in question is not (or no longer) available, Seller must inform Buyer of this. Any (down) payments must be refunded within thirty days, unless Seller delivers a comparable movable item.
The Buyer has a right of revocation, which means that the Buyer may revoke the purchase for at least fourteen days without giving reasons. Any shipping costs incurred shall be borne by the Buyer. Any (down) payments must be refunded within thirty days.
ARTICLE 3 - NATURE OF THE MEDIATION SERVICE
The offer of movable property on the Website is not sold by Website Holder, but by Seller. For this reason, a contract is concluded between the Buyer and the Seller for the purchase of movable property. The Website Holder is therefore not itself a party to this contract of sale.
Via the Website, certain movable goods are purchased from third parties, whether or not established in the European Union.
The service provided by the Website Holder is a mediation service provided to a third party. When an item of movable property is ordered via the Website, the Website Holder is authorised to act as intermediary, in the name of the Buyer and on behalf of the Buyer, and to order the movable property from the actual Seller of the movable property in question.
If the actual Seller is established outside the Netherlands and as a result the movable property in question must be imported, this will take place under the name of the Buyer. Additional costs, such as import VAT and (customs) clearance costs shall be borne by the Buyer.
ARTICLE 4 - PAYMENT
The settlement of the payment of the purchased product takes place via Websitehouder. The Website Holder is also responsible for (re)payment to the actual Seller.
It is possible that the prices mentioned on the Website differ from the amounts that the Website Holder (re)pays to the actual Seller. It is possible that the Seller is given the opportunity to purchase the product, after it has been purchased by the Buyer, for a lower amount. In such cases, the difference between the amount paid by the Buyer and the amount paid to the actual Seller shall be regarded as compensation for the mediation service provided by the Website Holder to the third party.
ARTICLE 5 - COMPLAINTS PROCEDURE
In the event that the Buyer is dissatisfied with the manner in which the (mediation) agreement has been executed, this can be communicated to the Websitehouder via the contact information on the Website. Every notification made by the Buyer will be handled with the greatest care and as soon as possible by the Websitehouder. The Website Holder will give a substantive response to the Buyer no later than fourteen days after receipt of the notification.
In the event that the Buyer is dissatisfied with the procedure referred to in paragraph 1 of this article, they can turn to the Disputes Committee of the European ODR Platform (https://ec.europa.eu/consumers/odr/).
General Terms and Conditions
TABLE OF CONTENTS:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of revocation
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions
ARTICLE 1 - DEFINITIONS
For the purposes of these terms and conditions:
Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are supplied by the operator or by a third party on the basis of an agreement between that third party and the operator;
Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who is not acting in the exercise of a profession, business or craft and enters into an agreement with the entrepreneur;
Day: calendar day;
Digital content: data that are produced and supplied in digital form;
Duration transaction: an agreement relating to a series of products and / or services, of which the supply and / or purchase obligation is spread over time;
Durable data carrier: any (auxiliary) means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information, including e-mail.
Right of withdrawal: the possibility for the consumer within the cooling-off period to waive the distance contract;
Model form: the form for withdrawal that is made available to the consumer by the entrepreneur and can be completed by the consumer when he wants to exercise his right of withdrawal;
Entrepreneur: the natural or legal person who offers products and / or (access to) digital content and / or services at a distance to consumers;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication with the consumer;
Technique for distance communication: means that can be used for the conclusion of a distance contract, without the consumer and entrepreneur being in the same room together at the same time;
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Name entrepreneur (statutory name, possibly supplemented with trade name);
Yiwu Cute Jewelry Co., Ltd.
No. 70335, Street 7, F5, Gate 97, District 5, International Trade City, Yiwu, Zhejiang 322000, China
Business Registration/ Tax ID: 91330782313632834R
Company Representative: LiZhi Zhou
ARTICLE 3 - APPLICABILITY
These general terms and conditions apply to every offer of the entrepreneur and to every distance contract and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text of these 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 terms and conditions at the entrepreneur to see, how they can be viewed and that these terms and conditions at the consumer's request will be sent as soon as possible free of charge.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, before the distance contract is concluded, the text of these general conditions electronically to the consumer be made available in such a way that the consumer in a simple manner can be stored on a durable medium. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that in addition to these general conditions also specific product or service conditions apply, the second and third paragraphs apply accordingly and the consumer in case of conflicting general conditions always rely on the applicable provision that is most favorable to him.
In the event that one or more provisions of these terms and conditions are at any time wholly or partially nullified or nullified, then these terms and conditions will otherwise remain in force and the relevant nullified or nullified provision will in mutual consultation immediately be replaced by a provision that approximates the purport of the original as much as possible.
Situations that are not regulated in these general terms and conditions should be assessed in accordance with these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions, should be interpreted to these terms and conditions.
ARTICLE 4 - THE OFFER
If an offer is valid for a limited period of time or subject to conditions with suspensive or resolutive effect, or any other condition, this will be expressly stated in the offer.
The offer of the entrepreneur is without obligation. The entrepreneur is entitled to change and adapt the offer.
The Entrepreneur's offer contains a description of the products and/or services offered, which is complete and accurate at all times. The offer includes a sufficiently detailed description to enable the consumer to make a proper assessment of the offer. Should the entrepreneur use any images that imply that these images show the offered product, then these are a true representation of the offered products and / or services. Obvious mistakes or obvious errors in the offer can not bind the entrepreneur.
Images of products are a faithful representation of the products offered. However, the entrepreneur can not guarantee that the displayed colors exactly match the real colors of the products.
Each 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 the
the price including taxes;
the shipping costs, if any;
the manner in which the agreement will be concluded and what actions are necessary for that purpose;
whether or not the amount of the rate for distance communication will be calculated if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after the conclusion, and if so how it can be consulted by the consumer;
the minimum duration of the distance contract in the case of an ongoing transaction.
application of the right of withdrawal;
the method of payment, delivery and execution of the agreement;
ARTICLE 5 - THE AGREEMENT
The agreement is, subject to the provisions of paragraph 4, concluded at the time of acceptance by the consumer of the offer and compliance with the conditions set.
In the event that the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the contract.
If the agreement is concluded electronically, the trader will take appropriate technical and organizational measures to protect the electronic transmission of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can within the legal framework to inform whether the consumer can fulfill his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
The operator will provide the consumer with the following information, in writing or in such a way that the consumer in an accessible way can be stored on a durable medium, send along, at the latest upon delivery of the product or service or digital content:
the visiting address of the establishment of the entrepreneur where the consumer can complain;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;
the information about guarantees and existing after-sales service;
the price, including taxes, of the product, service or digital content;
the cost of delivery, if applicable;
the method of payment, delivery or performance of the distance contract;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
in the event that the consumer has a right of withdrawal, the model withdrawal form.
In the case of an enduring transaction, the provision in the previous paragraph shall apply only to the first delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
Upon delivery of products:
When purchasing products, the consumer has the option of dissolving the contract without giving reasons for a period of 14 days.
This reflection period commences on the day after receipt of the product by the consumer or a representative designated by the consumer and announced to the entrepreneur.
the consumer has ordered several products in the same order, the cooling-off period commences on the day on which the consumer, or a third party designated by him, has received the last product. The Entrepreneur may, provided that he has clearly informed the Consumer prior to the ordering process, refuse an order for multiple products with a different delivery time.
the delivery of a product consists of several shipments or parts, the reflection period commences on the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
the agreement extends to the regular delivery of products during a certain period, the reflection period commences on the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that are not supplied on a tangible medium:
In the event that a service contract or a contract for the supply of digital content is not supplied on a tangible medium, the consumer can terminate the contract for fourteen days without giving reasons. These fourteen days commence on the day following the conclusion of the contract.
Extended cooling off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about the right of withdrawal:
If the trader has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.
If the trader has provided the consumer with the information referred to in the previous paragraph within twelve months after the effective date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the consumer has received that information.
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer should make this known by means of the model form. After the consumer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of dispatch.
ARTICLE 7 - COSTS EXERCISING THE RIGHT OF WITHDRAWAL
If the consumer exercises the right of withdrawal, he shall bear no more than the costs of returning the goods.
The entrepreneur will refund the purchase amount as soon as possible, but no later than 14 days after withdrawal, in the same manner used by the consumer. Receipt by the merchant or conclusive proof of complete return is required.
Any reduction in value of the product caused by careless handling shall be borne by the consumer. This can not be invoked if the trader has not provided all legally required information regarding the right of withdrawal. This must be done prior to the conclusion of the purchase contract.
ARTICLE 9 - PRICE
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and on which the trader has no influence, with variable prices. These fluctuations and the fact that any listed prices are target prices, are mentioned in the offer.
Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
these are the result of statutory regulations or provisions; or
the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
ARTICLE 10 - WARRANTY AND CONFORMITY
The entrepreneur guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement existing legal provisions and / or government regulations. 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 under the agreement against the entrepreneur can assert. This includes any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what the consumer is legally obliged in case he has failed in the performance of his part of the contract.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
The warranty does not apply if:
The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
The defects are wholly or partially the result of regulations that the government has set or will set with regard to the nature or quality of the materials used.
ARTICLE 11 - DELIVERY AND EXECUTION
The entrepreneur will take the utmost care in receiving and executing orders of products and in assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be carried out, the consumer will receive notification of this no later than 30 days after he placed the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer has no right to compensation.
All delivery periods are indicative. The consumer can not derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make every effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur up to the time of delivery to the consumer or a previously appointed and disclosed to the entrepreneur representative, unless otherwise expressly agreed.
ARTICLE 12 - DURATION TRANSACTIONS: DURATION, TERMINATION AND EXTENSION
The consumer may contract for an indefinite period of time and that extends to the regular delivery of products (including electricity) or services, terminate at any time subject to agreed termination rules and a notice of up to one month.
The consumer may contract for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term denounce the agreed termination rules and a notice of up to one month.
The consumer may terminate the agreements referred to in the previous paragraphs:
terminate at all times and not be limited to termination at a specific time or in a specific period;
at least terminate in the same way as they are entered into by him;
always terminate with the same notice as the entrepreneur has stipulated for himself.
A contract that is entered into for a definite period of time and that extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
Contrary to the previous paragraph, a fixed-term contract that has been concluded for the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer this extended contract at the end of the extension may terminate with a notice of up to one month.
A contract for a definite period and that extends to the regular delivery of products or services, may only be tacitly extended indefinitely if the consumer may terminate at any time with a notice of up to one month and a notice of up to three months in case the agreement extends to the regular, but less than once a month, delivery of daily newspapers, news and weekly newspapers and magazines.
An agreement of limited duration to the regular delivery of newspapers, 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.
If an agreement has a duration of more than one year, after one year the consumer may terminate the agreement at any time with a notice of up to one month, unless the reasonableness and fairness opposes termination before the end of the agreed period.
ARTICLE 13 - PAYMENT
Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
The consumer has the duty to report any inaccuracies in the payment details provided or stated to the entrepreneur without delay.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs incurred in advance.
ARTICLE 14 - COMPLAINTS PROCEDURE
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the contract must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, complete and clearly described.
Complaints submitted to the entrepreneur within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to dispute resolution.
ARTICLE 15 - DISPUTES
Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are exclusively governed by Dutch law.
ARTICLE 16 - ADDITIONAL OR DIFFERENT PROVISIONS
Additional provisions or provisions deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
MODEL REVOCATION FORM
Only fill in this form and return it if you want to revoke the agreement
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/provision of the following service:
- Ordered on (DD-MM-YYYY) :- Order number :
- Received on (DD-MM-YYYY):
- Name(s) of consumer(s)
- Address consumer(s) :
- IBAN Account number:
- Signature of consumer(s) (only if this form is submitted on paper)