GENERAL TERMS AND CONDITIONS
ARTICLE 1. DEFINITIONS
1.1. Vivajewellerystore: the sole proprietorship Vivajewellerystore, with registered office in The Hague and registered with the Chamber of Commerce under file number 63945142.
1.2. Customer: the natural person or legal entity who has entered into an agreement with Vivajewellerystore.
1.3. ‘General terms and conditions’ means: all the provisions as set out below.
1.4. Products: all products that Vivajewellerystore supplies to the customer. This includes, but is not limited to: the sale of (personalised) jewellery, T-shirts and accessories via an online web shop.
1.5. Agreement: the agreement between Vivajewellerystore and the customer under which Vivajewellerystore will supply the products.
1.6. Information: all data provided by the customer.
1.7. In writing: by letter, e-mail and digital notification.
1.8. Confidential information: all financial, business and personal data entered, processed and stored by the customer and/or Vivajewellerystore.
1.9. Website: www.vivajewellerystore.nl.
ARTICLE 2. APPLICABILITY
2.1. These general terms and conditions apply to all offers made, quotations issued, agreements concluded, other actions performed and invoices by Vivajewellerystore unless otherwise agreed in writing.
2.2. By signing an order confirmation with Vivajewellerystore or by agreeing via the website by placing an order via the website or by agreeing via e-mail, the customer declares that she has taken note of these general terms and conditions of Vivajewellerystore and that she agrees to these terms and conditions.
2.3. In the event of a conflict between these general terms and conditions and agreements made in an agreement, the provisions of the agreement prevail. 2.4
. These conditions also apply to actions of third parties hired by Vivajewellerystore regarding the execution of the delivery of the product.
2.5. The applicability of the general terms and conditions of the customer is rejected by using these general terms and conditions.
ARTICLE 3. QUOTATIONS AND OFFERS
3.1. If an offer has a limited period of validity or is made under discount conditions, this will be explicitly stated in the offer. If no term is specified, the offer/quotation is valid until 7 days after the date on which the offer/quotation was made. If the customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse.
3.2. Vivajewellerystore will indicate in the quotation which products are offered and which amounts the customer owes upon acceptance of the quotation. The prices stated in the quotation apply for the period stated in the quotation, unless expressly agreed otherwise in writing. The quotation also states the agreed price of the product.
3.3. If it appears that the information provided by the customer in the application or agreement was incorrect, Vivajewellerystore has the right to adjust the relevant prices and other conditions.
3.4. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the customer to properly assess the offer. If Vivajewellerystore uses images, these are a true representation of the products offered. Obvious mistakes or obvious errors in the offer do not bind Vivajewellerystore.
3.5. All products are invoiced in advance, Vivajewellerystore will deliver the products after full payment of the invoice.
3.6. All prices communicated by Vivajewellerystore are amounts in euros, including VAT for private individuals unless otherwise indicated, excluding shipping and payment costs and other established levies and/or charges, unless expressly indicated otherwise.
3.7. Quotations and/or special offers do not automatically apply to follow-up orders.
3.8. Vivajewellerystore reserves the right to change prices in the interim. If the prices of offered products increase after the agreement has been concluded, the customer is entitled to cancel the agreement as of the date on which the price increase takes effect. Price increases resulting from a statutory regulation or provision are hereby excluded.
3.9. Vivajewellerystore reserves the right to increase prices annually by a percentage equal to the increase in the consumer price index, as determined by the CBS. This price increase does not give the customer the right to terminate the agreement.
3.10. Vivajewellerystore is not liable and/or responsible for errors in the offer if the customer could reasonably understand that the offer, or a part thereof, contains an obvious mistake, error or typographical error.
ARTICLE 4. AGREEMENT AND ADDITIONAL WORK
4.1. An agreement is concluded from the moment that the customer in any way makes a notification to Vivajewellerystore containing the acceptance of a quotation.
4.2. After an agreement has been concluded, it can only be changed with mutual consent.
4.3. After an agreement has been reached, Vivajewellerystore will deliver the products within a reasonable time. If the customer has accepted the offer electronically, Vivajewellerystore will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the customer has the option to terminate the agreement.
4.4. Vivajewellerystore has the right to have certain services performed by third parties without having to inform the customer.
4.5. Changes to the original agreement between the customer and Vivajewellerystore are only valid from the moment that these changes have been accepted by both parties by means of a supplementary or amended written agreement.
4.6. If the customer wishes to cancel an agreement with Vivajewellerystore, this is only possible if it concerns non-personalized products. The customer must inform Vivajewellerystore in writing, before the shipping confirmation of the products has been sent, that they wish to cancel the order.
ARTICLE 5. RIGHTS AND OBLIGATIONS OF Vivajewellerystore
5.1. Vivajewellerystore guarantees that the order it has placed will be carried out to the best of its ability, with due care and professionalism.
5.2. Vivajewellerystore will make every effort to secure the data that Vivajewellerystore stores for the customer in such a way that this data is not available to unauthorized persons.
5.3. In the event of complaints made by the customer about the delivered products, Vivajewellerystore must consult with the customer about a solution that is suitable for both parties.
5.4. Vivajewellerystore is entitled to place a name on/in delivered products. The customer is not entitled to remove this name, except in cases in which Vivajewellerystore has given express permission for removal.
5.5. In addition to the provisions of article 5.4, Vivajewellerystore is also entitled to publish the customer’s data on the Vivajewellerystore website and/or other promotional expressions of Vivajewellerystore for promotional purposes.
5.6. Vivajewellerystore is obliged to maintain confidentiality of all confidential information that it has obtained in the context of the agreement between the customer and Vivajewellerystore during the collaboration or from another source. Information is considered confidential when this has been communicated by the other party or if this is evident from the standards of reasonableness and fairness.
5.7. The customer is ultimately responsible for the correctness of the data for the product to be personalized. After submitting the data regarding the product to be personalized, Vivajewellerystore is not responsible for errors and/or inaccuracies on the personalized product.
5.8. Models, colours, materials, sizes and finishes on images are indicative. Deviations therein cannot be grounds for rejection, discount, termination of the agreement or compensation. However, Vivajewellerystore does make every effort to resolve problems/complaints in connection with delivered products as best as possible.
5.9. In the event of incorrect use, Vivajewellerystore is not responsible and liable for any damage that may have occurred.
ARTICLE 6. RIGHTS AND OBLIGATIONS OF THE CUSTOMER, AND THE RIGHT OF WITHDRAWAL
6.1. In principle, the customer must adhere to the provisions laid down in these conditions, unless otherwise agreed.
6.2. The customer must provide Vivajewellerystore with all correct information that the customer can reasonably foresee is necessary for the correct execution of the agreement. In any case, the customer is obliged to inform Vivajewellerystore without delay of changes in personal data, company data or other information requested by Vivajewellerystore.
6.3. If, in exception to article 6.2, the data required for the execution of the agreement are not provided to Vivajewellerystore in a timely manner, Vivajewellerystore has the right to suspend the execution of the agreement and/or charge the customer for the additional costs resulting from the delay.
6.4. The customer must always inform Vivajewellerystore in writing without delay of any changes in name, address, email and, if requested, her bank account number.
6.5. In the event of complaints about the products supplied by Vivajewellerystore, the customer must make these complaints known to Vivajewellerystore within 48 hours after delivery of the product, but no later than 60 days after receipt. Vivajewellerystore strives to process the complaint within 5 working days. If this does not lead to a solution, it is possible to register your dispute for mediation via Stichting WebwinkelKeur via this page. It is also possible to register the complaint via the ODR platform of the European Commission. This platform can be reached via this link. If the complaint has not yet been dealt with elsewhere, the customer is free to file the complaint via the European Union platform. The customer indemnifies Vivajewellerystore for one year after delivery from all legal claims arising from delivered products.
6.6. The customer must make backup copies of all materials/data as described in article 6.2 that Vivajewellerystore needs for the execution of the agreement. In the event of loss of these materials/data, Vivajewellerystore is not liable for any resulting damage.
6.7. When Vivajewellerystore provides login details to the customer, the customer is responsible for these details. Vivajewellerystore is not liable for misuse or loss of the login details and may trust that the customer is the person who logs in using the login details provided to the customer.
6.8. The customer is obliged to maintain confidentiality of all confidential information that they have obtained in the context of the agreement between the customer and Vivajewellerystore during the collaboration or from another source.
6.9. Information is considered confidential when this has been communicated by the other party or if this is evident from the standards of reasonableness and fairness.
6.10. The private customer can cancel an agreement relating to the purchase of a product within 14 days without giving reasons. Vivajewellerystore may ask for the reason for cancellation, but may not oblige the customer to give the reasons for cancellation. After notification that the customer wishes to return the product, the customer has another 14 days to actually return the product. The customer will then receive the purchase costs and shipping costs back within 14 days.
6.11. The cooling-off period referred to in Article 6.10 commences on the day after the customer has received the product.
6.12. If the customer exercises the right of withdrawal, they must report this to Vivajewellerystore within the cooling-off period. Products that qualify for exclusion are:
• products that have been created by Vivajewellerystore according to the customer’s specifications (names, special colours, dates, etc.);
• products with a hygienic seal of which the seal has been broken;
• products that are clearly personal in nature.
6.13. If the customer instructs Vivajewellerystore to make personalised items, the option to cancel lapses.
6.14. If the customer exercises the right of withdrawal, all additional agreements will be dissolved by operation of law.
6.15. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the customer. The costs for return shipment are borne by the customer. Insufficiently stamped or unstamped shipments will not be accepted by Vivajewellerystore. Return shipments where the withdrawal form is missing and the origin cannot be traced will not be accepted.
6.16. Vivajewellerystore can exclude products from the right of withdrawal, this will be indicated to the customer in the offer and again in good time before the conclusion of the agreement.
6.17. Vivajewellerystore sends the products with letterbox post from PostNL via Myparcel. Vivajewellerystore is not liable for loss, damage or incorrect delivery of the product if the customer has provided an incorrect delivery address.
6.18. If the customer receives a damaged package upon receipt of a shipped package, the customer must take photos of the damaged package and leave this package closed. The customer must then contact Vivajewellerystore within 2 working days after receiving the package with the delivered products. As soon as the customer opens the damaged package or contacts Vivajewellerystore too late, the customer can no longer claim any guarantees.
ARTICLE 7. DELIVERY AND DELIVERY TIME
7.1. The delivery period to be used by Vivajewellerystore varies per order. The delivery time specified by Vivajewellerystore starts after the agreement has been concluded and after receipt of all necessary information from the customer. Vivajewellerystore will send the orders to the customer within 2 to 3 working days, unless a different delivery period has been agreed and depending on stock. Personalized products are sent to the customer within 5 working days. If delivery is delayed, or if an order cannot be fulfilled/can only be fulfilled in part, the customer will be notified of this, but no later than 30 days after placing the order. The customer may then decide to terminate the agreement and is then entitled to a refund of the amount paid.
7.2. A delivery period set by Vivajewellerystore can never be considered a fatal term. Vivajewellerystore is not legally in default by merely exceeding a delivery period.
7.3. If the delivery period is exceeded by more than 30 days, the customer is only entitled to terminate the agreement if Vivajewellerystore, after a proper and as detailed as possible written notice of default in which a reasonable period is set for rectifying the shortcoming, is culpably in breach of the essential obligations under the agreement.
7.4. The customer is obliged to do what is necessary to enable timely delivery by Vivajewellerystore, including by providing complete, correct and clear information in a timely manner as stipulated in article 6.2.
7.5. If the customer does not provide the required information to Vivajewellerystore or does not provide it in a timely manner and the execution of the order is delayed as a result, the resulting additional costs will be borne by the customer.
7.6. Vivajewellerystore’ delivery obligation will, unless proven otherwise, be fulfilled as soon as the items delivered by Vivajewellerystore have been offered to the customer once.
7.7. Delivered items are deemed to comply with the agreement in the event of normal and minimal deviations, variations or differences in execution. The same applies to colour differences, dimensions and prints.
7.8. If delivery by PostNL is unexpectedly delayed, Vivajewellerystore applies a waiting period of 10 working days. Within this period, Vivajewellerystore will investigate the delivery at PostNL and inform the customer as soon as possible of any updates in the relevant situation.
7.9. The delivered products may not be used for commercial purposes and/or resale.
7.10. The customer agrees that discolouration of the jewellery and accessories may occur over time or that stones may disappear.
ARTICLE 8. PAYMENT
8.1. The customer’s payment obligation commences on the day on which the agreement is concluded.
8.2. All invoices sent by Vivajewellerystore must be paid by the customer within 14 days after the invoice date, unless otherwise agreed in writing. Vivajewellerystore offers the option to pay for orders afterwards via Klarna. When ordering via the webshop, payment will be made immediately before the products are delivered to the customer if Klarna is not chosen.
8.3. In the event of late payment, the customer is obliged, in addition to the amount due plus the statutory (commercial) interest, to pay full compensation for both extrajudicial and judicial collection costs, which amount to at least 15% of the invoice amount with a minimum of €40 excluding VAT, including the costs for lawyers, attorneys, bailiffs, collection agencies and any legal proceedings at the court or court of appeal.
8.4. The claim for payment is immediately due and payable if the customer is declared bankrupt, applies for a suspension of payments, or if all assets of the customer are seized, the customer dies and furthermore, if the customer goes into liquidation or is dissolved.
8.5. In the above cases, Vivajewellerystore also has the right to terminate or suspend the performance of the agreement or any part thereof that has not yet been performed without notice of default or judicial intervention, without the right to compensation for damage that the customer may suffer as a result.
8.6. The customer can submit objections to the invoices sent by Vivajewellerystore in writing to Vivajewellerystore within 7 days after the invoice date. After receipt of the objection, Vivajewellerystore will investigate the correctness of the invoice amount. Objections to invoices sent do not suspend the customer’s payment obligation.
8.7. All products delivered by Vivajewellerystore remain the property of Vivajewellerystore until all amounts owed by the customer have been paid. As soon as the customer chooses to pay afterwards with Klarna, the payment obligation is transferred to Klarna.
ARTICLE 9. RESERVATION OF OWNERSHIP & INTELLECTUAL PROPERTY
9.1. All intellectual property rights to all documentation, photos, texts, models and preparatory material made available in the context of the documentation, photos, texts, models and preparatory material thereof are exclusively vested in Vivajewellerystore unless otherwise agreed in writing.
9.2. The products supplied by Vivajewellerystore may never be reproduced or resold, in whole or in part, unless otherwise agreed in writing.
9.3. The content of the Vivajewellerystore website, including but not limited to: the texts, images, design, brands and domain names, are the property of Vivajewellerystore and are protected by copyrights and intellectual or industrial property rights that exist under applicable law. Users of the website are not permitted to reproduce or make available the website or any part thereof without the permission of Vivajewellerystore.
9.4. All intellectual property rights to products of the human mind developed by Vivajewellerystore are and remain the exclusive property of Vivajewellerystore, unless the rights are purchased or otherwise agreed.
9.5. All information published by the customer via the products supplied by Vivajewellerystore remain the property of the customer.
9.6. Vivajewellerystore is not responsible for any information/content that the customer places on the servers of Vivajewellerystore. If the information/content placed by the customer in any way infringes the rights of third parties or is in conflict with laws and regulations, the customer will indemnify Vivajewellerystore against any claims for damages that third parties may assert as a result of this action by the customer.
9.7. Any action that is in conflict with article 9.2 and article 9.3 is considered an infringement of copyright.
9.8. In the event of infringement, Vivajewellerystore is entitled to compensation of at least twice the license fee it charges for such a form of use without losing the right to any compensation.
ARTICLE 10. LIABILITY
10.1. Every agreement between Vivajewellerystore and the customer can be characterized as an effort agreement. As a result, Vivajewellerystore can never be held liable for results not achieved.
10.2. If Vivajewellerystore is unexpectedly held liable for what is stated in article 10.1, any liability is limited to compensation for direct damage up to a maximum of 2 times the amount of the agreed price for that agreement (excl. VAT). This amount is not higher than €100.00. In the case of a long-term agreement, any liability is limited to compensation for direct damage up to a maximum of the amount of the last invoice paid by the customer.
10.3. In addition to article 10.2, Vivajewellerystore is then only liable for direct damage. Direct damage should be understood to mean exclusively:
• the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions;
• any reasonable costs incurred to have the defective performance of Vivajewellerystore comply with the agreement, insofar as these can be attributed to Vivajewellerystore;
• reasonable costs incurred to prevent or limit damage, insofar as the customer demonstrates that these costs have led to a limitation of direct damage as referred to in this article.
10.4. Vivajewellerystore excludes all liability for indirect damage suffered through the use of products supplied by Vivajewellerystore, with the exception of situations in which the damage is due to intent or gross negligence on the part of Vivajewellerystore.
10.5. Vivajewellerystore is in any case never liable for: consequential damage, damage due to missed savings, damage due to business stagnation, loss of profit and for damage caused by loss of data during the execution of the agreement.
10.6. The customer indemnifies Vivajewellerystore against all claims for compensation that third parties may assert in respect of damage that has arisen in any way through the unlawful or careless use of the products supplied to the customer by Vivajewellerystore.
10.7. Vivajewellerystore is not liable for damage that occurs when the products are exposed to moisture and/or heat. Vivajewellerystore is also never liable if the customer experiences an allergic reaction due to the materials used by Vivajewellerystore.
ARTICLE 11. INTERRUPTION OF SERVICES AND FORCE MAJEURE
11.1. Vivajewellerystore is not bound by its obligations under the agreement if compliance has become impossible due to force majeure. If the force majeure continues for a period of 90 days, both parties are entitled to terminate the agreement. What has already been performed under the agreement will then be settled proportionally.
11.2. Vivajewellerystore is dependent on the cooperation and deliveries of third parties in its activities, over which Vivajewellerystore has little or no influence. Vivajewellerystore can therefore in no way be held liable for any damage whatsoever resulting from a situation in which the shortcoming is attributable to a third party with whom Vivajewellerystore has entered into an agreement.
11.3. In addition to the provisions of paragraph 11.1, force majeure is certainly understood to mean everything that has been assumed in this regard in law and case law.
11.4. Force majeure in these general terms and conditions is understood to mean any circumstance beyond the control of Vivajewellerystore – even if this was foreseeable at the time the agreement was concluded – that permanently or temporarily prevents performance of the agreement, including but not limited to: strikes, excessive absenteeism due to illness of Vivajewellerystore staff or Vivajewellerystore itself, transport difficulties, fire, government measures, epidemics, pandemics, business disruptions at Vivajewellerystore, default by suppliers of Vivajewellerystore as a result of which Vivajewellerystore can no longer fulfil its obligations towards the customer, as well as other serious disruptions in the business of Vivajewellerystore or its suppliers.
11.5. In the event of force majeure, Vivajewellerystore also has the option to extend the delivery period by the duration of the force majeure or to terminate the agreement, insofar as it has not yet been performed, without Vivajewellerystore being obliged to pay any compensation in any form whatsoever, except under the provisions of Article 78 Book 6 of the Dutch Civil Code.
ARTICLE 12. DURATION OF AGREEMENT AND TERMINATION AND CANCELLATION
12.1. The agreement is entered into for a fixed period, unless otherwise stated in the quotation or if the parties have expressly and in writing made other agreements.
12.2. The right of interim termination of the agreement by the customer is excluded, without prejudice to the other provisions of these general terms and conditions.
12.3. Both parties, both the customer and Vivajewellerystore, shall only be entitled to terminate the agreement if the other party, after a proper and as detailed as possible written notice of default in which a reasonable period is set for remedying the shortcoming, is culpably in breach of the essential obligations under the agreement.
12.4. The agreement may be terminated in whole or in part without notice of default and without judicial intervention by written notice with immediate effect if urgent reasons arise, including in any case the cases in which:
• the customer is granted (provisional) suspension of payment;
• bankruptcy is requested or declared with respect to the customer;
• there is a suspicion that the customer will not be able to meet its payment obligation upon extension of the agreement;
• the customer acts contrary to public order or morality, or any obligation arising from the agreement with Vivajewellerystore;
• the customer infringes the rights of third parties;
• the customer acts contrary to reasonable guidelines or instructions from Vivajewellerystore;
• the customer does not respond to correspondence by e-mail, telephone and/or in writing, whether or not by registered letter;
• in the event of recurring payment problems.
12.5. Vivajewellerystore will never be liable for any damages due to this termination, as determined in article 12.4.
12.6. If the customer has already received services in execution of the agreement at the time of the dissolution as referred to in articles 12.3 and 12.4, these services and the associated payment obligation will not be subject to cancellation. Amounts that Vivajewellerystore has invoiced prior to the dissolution in connection with what it has already performed or delivered in execution of the agreement, remain due in full, subject to the provisions of the previous sentence, and become immediately due and payable at the time of dissolution.
12.7. Vivajewellerystore reserves the right to change its general terms and conditions after 3 months after concluding an agreement with the customer, also for existing agreements. If Vivajewellerystore changes the terms and conditions, it will inform the customer of this. The customer is then free to terminate the agreement from the moment that the new general terms and conditions come into effect or up to a maximum of 7 days after the new general terms and conditions come into effect.
ARTICLE 13. CONFORMITY
13.1. Vivajewellerystore will strive to achieve the intended result agreed in the quotation as much as possible when performing the agreement. If, in the opinion of the customer, the results delivered do not correspond to the intended result agreed in the quotation, the customer and Vivajewellerystore will consult with each other to ensure that the delivered results still meet the intended results.
13.2. In addition to the provisions of article 13.1, the costs for the additional work referred to in that article will be invoiced to the customer in accordance with Vivajewellerystore’ normal rate, unless the customer can demonstrate to Vivajewellerystore that the deviations in the result are due to the defective performance of the agreement on the part of Vivajewellerystore.
13.3. Should it be established that the defectiveness of the products to be delivered by Vivajewellerystore is at the expense of Vivajewellerystore, the customer is not entitled to compensation or termination of the agreement, except as stipulated in these conditions.
ARTICLE 14. OTHER PROVISIONS AND APPLICABLE LAW
14.1. If any provision of these general terms and conditions is null and void or is annulled, the other provisions of these general terms and conditions will remain in full force and Vivajewellerystore and the customer will consult in order to agree on new provisions to replace the null and void or annulled provisions, whereby the purpose and scope of the null and void or annulled provision will be taken into account as much as possible.
14.2. If the customer includes provisions or conditions in his order that deviate from, or do not appear in, these conditions, these will only be binding on Vivajewellerystore if and to the extent that they have been expressly accepted in writing by Vivajewellerystore.
14.3. Vivajewellerystore will make every effort to take appropriate technical and organisational measures to protect the personal data against loss or any form of unlawful use by third parties.
14.4. If Vivajewellerystore deviates from the General Terms and Conditions on its own initiative in favour of the customer, the customer can never derive any rights from this.
14.5. Both the customer and Vivajewellerystore are obliged to maintain confidentiality of all information obtained in the context of this agreement.
14.6. Any purchasing or other conditions of the customer do not apply.
14.7. Rights and obligations arising from an agreement can only be transferred by the customer to a third party if Vivajewellerystore has given written permission to do so.
14.8. All legal relationships in which Vivajewellerystore is a party are exclusively governed by Dutch law.
14.9. The customer and Vivajewellerystore will first attempt to settle any disputes by mutual agreement and amicably before appealing to the court.
14.10. Unless mandatory law provides otherwise, the competent court in the District of The Hague has jurisdiction to hear disputes between Vivajewellerystore and the customer.
version: July 2021
(Download the General Terms and Conditions as a PDF file.)