General Terms and Conditions

Transcription

1 General Terms and Conditions Amstelveen, July 2014 These General Terms and Conditions apply to the purchase agreement between the Buyer who buys products from the online shop: (hereinafter referred to as the Buyer) and Diamond Point B.V. In de Wolken BP Amstelveen address: CoC no: VAT: NL B01 (hereinafter referred to as the Seller) 1. Application of the General Terms and Conditions The following General Terms and Conditions apply to all purchase agreements between the Buyer and Seller that comes into force through the website. The version of the General Terms and Conditions that was published on the website at the time of the conclusion of the agreement shall be applicable on every agreement (see art. 3). Changes proposed by the Buyer will not affect the General Terms and Conditions of Sale, unless this is expressly approved in writing by the Seller. 2. Parties and market The online store is exclusively intended for consumers and is therefore reserved for retail trade. Complaints about the website or about the delivery to the end user at home should be directed to the Seller. The products offered for sale by are delivered to the Buyer on the indicated address in a country that appears on the list of countries published on the website and which is accessible from any page of the website. If the relevant country is not in the list at the time of ordering, please contact our customer service:info@diamondpoint.nl 3. Terms and Conditions of the Agreement All information on products that are published on such as technical specifications, images, dimensions or compatibility details, is not binding and may be modified at any time, unless expressly stated otherwise. If the Buyer is misled by the aforementioned instructions, he/she can cancel the purchase as indicated in the return conditions. All offers on are non-binding on the Seller and do not constitute an offer to the public, but only an invitation to buy. The order by a Buyer is a voluntary undertaking of the buyer. The order is accepted by the Seller by means of an order confirmation by . This order confirmation contains a part of the sales conditions, a description of the products, the main elements of the contract (price and payment options), information on placing the order and the storage of this by the Seller and the procedures to change the contents of the order.

2 The agreement between both parties is established and is effective at the moment the Buyer receives the order confirmation. The order and confirmation are considered received if the interested parties can access the electronic messages. If the Buyer did not receive an order confirmation or other message from the Seller within 24 hours after placing the order, the Buyer shall be expected to contact the Seller within a reasonable period by sending an to: info@diamondpoint.nl 4. Purchase of goods The products in the catalogue can be purchased by selecting the required product and then placing it in the shopping cart. If after selecting the products, the Buyer wants to proceed with ordering the products that were placed in the shopping cart, the Buyer must, fill in the necessary information in the next screen so that the agreement can come into place. The Buyer must enter his/her personal details, an address and, if necessary, a second address for delivery of the goods and a telephone number where he could be achieved if there are any questions or problems. If the Buyer chooses to pay by credit card, the Buyer will be redirected to the bank's website for the online payment service. The buyer can enter his credit card information here via a secure connection. The Seller reserves the right to check the data that the Buyer has entered for administrative purposes. When paying by credit card the costs of the purchase will be charged once the agreement comes into effect. If the order consists of products from a special series or products with a limited edition, the Seller reserves the right to limit the number of products that the Buyer can purchase, where this number may be lower than the number of products available for sale. The Buyer can always place an order for a number of products that exceeds the number available according to the catalogue. In that case, the Seller reserves the right to accept the Buyer's proposal to buy even though the number of products exceeds the maximum number of this, subject to the availability of the products. The Seller reserves the right to approve the above-mentioned proposal subject to the fair distribution of the products on the various markets. If it is impossible to deliver the extra number of ordered products, the agreement will be met for the number of products available. 5. Delivery of the goods The availability of the product is indicated in the online store of The seller ships the accepted orders as quickly as possible and in order of receipt. As a rule, the delivery takes place within 5 working days after the order is received. The stated delivery times are non-binding, unless indicated different in a separate agreement. The Seller will also do all it can to meet the indicated delivery times. In the event of special promotions (for example, the Drie Dwaze Dagen or Sale) the delivery time will be 6 to 8 business days, if not in stock, 6 to 8 weeks. The Seller cannot guarantee that the availability will always be correct. In the event of the unavailability of

3 ordered products, the Buyer will be informed immediately that the goods are not delivered and the payment will be refunded. The Buyer must check immediately on receipt of the goods whether the shipment is complete and correct. If there is a problem, the Seller must be informed in writing as soon as possible via the following address: info@diamondpoint.nl 6. Prices, tax and transportation charges The price of the products is the price that is shown on the price list in the online store on the day the order is placed and before the order is shipped. Diamond Point is not bound to its offer if there have been printing, typesetting or programming errors concerning prices in its catalogues, mailings or on the website. The prices on the website are intended for deliveries to addresses within and outside the Netherlands and include VAT. When shipping within the Netherlands and Belgium, no shipping fee will be charged. Shipping to other countries will be charged with a fee of 5,- when the order total amounts under 750 euros. Shipping is complementary when the order total amounts above 750 euros. 7. Payment Orders placed on can be paid by credit card. The Seller may allow other forms of payment in the relevant section on Credit card details are sent via a secure connection to docdata payments, Hoofdstraat 82, 3972 LB Driebergen-Rijsenburg (see Docdata payments is a payment service provider and handles payments made by credit cards on the Seller's behalf. The credit card information sent to docdata payments after placing the order are protected against unauthorized access, through an encrypted data transfer via 128 bit SSL (Secure Socket Layer). All current browsers support SSL encryption. Data encrypted via this technique are inaccessible to third parties. 8. Right to return The Buyer has the right to return the delivered products within 14 days of delivery of the order, without giving any reason and to dissolve the agreement. The purchase price will then be refunded within a period of 30 days after dissolution, provided that the following conditions are met. The product is returned undamaged, complete and in its original packaging. The return form with your order must be completed and included. Jewellery and watches that were worn, damaged, altered and/or custom designed cannot be returned/exchanged. Returning in one of our stores is free. When you return your order by post, the costs are for the Buyer. We advise that returns be sent by registered mail, as we can only deal with correctly received returns. 8.1 When an article is (partly) damaged or defective When the buyer discovers an item that is damaged or defective upon delivery, the consumer is entitled to return the relevant articles. The buyer needs to fill out the return form and to indicate whether he/she wishes to receive the product again or whether he/she wants to be refunded the money. The product should be returned in the original packaging and complete.

4 The return form that is found on the website must be completed and attached. 8.2 When an incorrect item is delivered When the consumer receives articles which he/she did not order, he/she should first contact the customer service to check. When the items delivered are indeed not correct, the consumer should return the items within 8 days after delivery. The product is returned undamaged, complete and in its original packaging. The return form that is searchable on the website must be completed and attached. The further processing after return of the articles will take place in consultation with the customer service. When the Buyer has ordered an article of which the size turns out not to be acceptable and he/she wants to exchange this, he/she should first contact the customer service:info@diamondpoint.nl. 8.3 Transport damage When a damaged package is offered to the Buyer, the delivery should be refused. If the Buyer nevertheless takes delivery of the package and the articles appear to be damaged, the Buyer will no longer have the right to return the items. 9. Guarantee Legal guarantee by the Seller The Seller offers a valid guarantee on the product if the required quality as described in the agreement is at fault, as provided for in Directive 44/99/CE. In the event of a defect or other shortcoming to the product, through direct contact with the Seller, the guarantee allows the Buyer to have the product repaired (if possible) or replaced, to get a discount or to dissolve the agreement within a reasonable time, which depends on the type of goods. There will be no guarantee if the use of the goods differs from the purposes specified by the Seller/manufacturer. Any complaint shall be submitted with a valid proof of purchase (sales receipt, sales tax receipt from the Seller or proof of payment). 9.2 Manufacturer's factory guarantee The manufacturer offers a factory guarantee on the product. A certificate may be included in its packaging. The duration, conditions and the use of the guarantee is described below: Your online orders are delivered in perfect condition and are sent in a luxury package. Your invoice, which also serves as the certificate is sent to you by in a Pdf document. Diamond Point BV offers a warranty on manufacturing defects. The exception is damage, including the loss of precious stones, as a result of misuse (for example, rough work, gardening or occasions where violence could be possible, as in some sports) and damage due to normal use, for example due to bumping. This could cause scratches and/or other damage. Any matt effect will wear off and eventually disappear. All watches come with an international warranty. Most watch brands have an international warranty against manufacturing defects for a

5 period of two years. Excluded from the warranty is damage resulting from misuse and damage due to normal use to the casing, band, closure, crown and crystal or sapphire glass. 9.3 Submitting complaints The complaint must be submitted by the Buyer in good time, within 60 days from the day that the defect has been detected. During this period, the product must not be used. The complaint must be submitted to the Seller by , after which the Seller shall immediately provide the Buyer with the details of the customer service and the procedure for returning the goods. The customer service may be managed directly by own facilities rather than that of the Seller (but the Seller remains responsible). 10. Privacy and security 10.1 Privacy By ordering, the Buyer authorises the Seller to use the provided personal data for the finalisation of the order and, if necessary, the Seller will pass this on to companies that are affiliated with or companies that take part in proving some of the services provided by The personal data of the Buyer will never be passed on to third parties without express permission. If the Buyer has signed up for the newsletter from the Seller will only use the personal data for own advertising purposes. The users data are protected as best as possible against loss, tampering, selling or improper use by third parties Security The Seller also makes use of Thawte's services. Thawte (see guarantees: Extreme reliability and safety to ensure the websites of our customers are protected. That the information sent via web browsers or other means, remains confidential. 11. Responsibility for the product Directive 85/374/CEE regarding damage inflicted by the product, applies. The Seller who acts as a distributor is relieved of its responsibility if it submits the name of the manufacturer. 12. Copyright The entire content of the website is subject to the law on copyright. All rights are reserved to Diamond Point BV. It is not allowed to reproduce any or part of the website, to distribute this by electronic or traditional means, to modify, to link or to use it for public or commercial purposes without the prior express written permission of Diamond Point BV. 13. Changes

6 If a clause in these general terms and conditions is invalid or becomes invalid at a later time, the remaining provisions of this agreement shall remain and the invalid clause shall be replaced by a clause that is as close as possible to the original intention and economic purposes of the Parties or by an appropriate legislation. The Seller reserves the right to change these terms and conditions of sale at any time. The amended general terms and conditions of sale will be accessible on the website of Applicable law and jurisdiction of the court Dutch law shall apply on all transactions via the online store The Buyer, however, cannot be denied the rights arising from the Laws of his own country.