General terms & conditions
**Article 1 Definitions**
1. Goldberg Juweliers BV: the user of these general terms and conditions, with its registered office in Eindhoven, registered in the Trade Register under Chamber of Commerce number 17136193.
2. Distance contract: an agreement concluded within the framework of a system organized by Goldberg Juweliers for the distance sale of products, whereby, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication.
3. Products: Jewelry, utility items, and gold, silver, or platinum investment products offered by Goldberg Juweliers through the website.
4. Agreement: the distance contract concluded between the customer and Goldberg Juweliers.
5. Consumer: a natural person not acting in the exercise of a profession or business.
6. Customer: the consumer, or the natural or legal person acting in the exercise of a profession or business, with whom Goldberg Juweliers has concluded an agreement.
7. Website: the Goldberg Juweliers website: [http://www.goldbergjuweliers.nl/shop/](http://www.goldbergjuweliers.nl/shop/)
## Article 2 Identity of Goldberg Juweliers
Goldberg Juweliers BV
Grote Berg 66
5611 KL Eindhoven
VAT identification number: NL 810029443 B01
E-mail address: [[email protected]](mailto:[email protected])
Telephone: +0031 (0) 402 453667
## Article 3 General Provisions
1. These general terms and conditions apply to every offer and every agreement concluded between Goldberg Juweliers and the customer.
2. Before the agreement is concluded, the text of these general terms and conditions will be made available to the customer electronically. The customer can easily store the text of these general terms and conditions on a durable data carrier. If this is reasonably not possible, it will be indicated before the agreement is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the customer electronically or otherwise upon request.
3. Deviations from these general terms and conditions are only valid if agreed upon in writing.
## Article 4 The Offer
1. The offer contains an accurate description of the products offered. The description is sufficiently detailed to enable the customer to make a proper assessment of the offer.
2. Obvious errors or mistakes in the offer are not binding on Goldberg Juweliers.
3. Furthermore, each offer contains such information that it is clear to the customer what rights and obligations are attached to acceptance of the offer, including:
* the main characteristics of the products;
* the price, including all taxes;
* any delivery and insurance costs;
* the method of payment;
* the method of delivery;
* whether or not the right of withdrawal as referred to in Article 5.3 applies.
## Article 5 Formation and Content of the Agreement and Cooling-Off Period
1. If the customer chooses advance payment, the agreement is concluded at the moment the payment is received by Goldberg Juweliers.
2. If the customer chooses cash payment or payment by bank transfer, the agreement is concluded when the order has been confirmed electronically by Goldberg Juweliers. In the case of a bank transfer, the order confirmation includes the bank details of Goldberg Juweliers.
3. The customer who, in accordance with paragraph 2, pays in cash or by bank transfer must ensure that the payment is received by Goldberg Juweliers within 24 hours after receipt of the order confirmation referred to in paragraph 2. If the payment is not received in time, Goldberg Juweliers is entitled to dissolve the agreement, without prejudice to its right to demand performance of the agreement.
4. The confirmation sent by Goldberg Juweliers as referred to in paragraphs 2 and 4 shall be deemed to have been received by the customer at the moment it is sent by Goldberg Juweliers.
5. **Right of withdrawal/returns**
You have the right to withdraw from the agreement within 14 days without giving any reason.
The withdrawal period expires 14 days after the day on which you, or a third party designated by you who is not the carrier, physically takes possession of the goods.
To exercise the right of withdrawal, you must inform us (Goldberg Juwelier BV, Grote Berg 66, 5611 KL Eindhoven, Netherlands, [[email protected]](mailto:[email protected]), telephone +31(0)402453667) of your decision to withdraw from the agreement by means of an unequivocal statement (e.g., in writing by post or email). You may use the attached model withdrawal form for this purpose, which would be appreciated, but you are not obliged to do so. To meet the withdrawal deadline, it is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
6. **Consequences of withdrawal**
If you withdraw from the agreement, you will receive all payments made by you up to that point, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and in any event no later than 14 days after we have been informed of your decision to withdraw from the agreement. We will reimburse you using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back, or until you have supplied evidence of having sent back the goods, whichever is earlier.
You must send back or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you communicate your withdrawal from the agreement to us. You are on time if you send back the goods before the period of 14 days has expired.
The direct costs of returning the goods are at your expense.
You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
7. Excluded from the right of withdrawal is a consumer purchase concerning the supply of:
* products made according to the consumer’s specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person (for example, jewelry specially made or modified to order according to specified requirements, such as engravings or permanently altering the dimensions of an existing piece of jewelry at the customer’s request and according to their specifications);
* products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery (for example, Sterilon or testing fluid);
* goods or services whose price is subject to fluctuations in the financial market that cannot be controlled by the trader (for example, gold or silver coins and bars whose value is primarily based on their value as investment objects).
## Article 6 Dissolution of the Agreement by Goldberg Juweliers
If the customer is in default with regard to their payment obligation, Goldberg Juweliers is entitled to dissolve the agreement. Dissolution shall take place by means of a written declaration to that effect. If the circumstances underlying the dissolution of the agreement can be attributed to the customer, the customer shall be obliged to compensate Goldberg Juweliers for all damages resulting from the dissolution. Such damages shall in any case include losses resulting from price declines of the products to be delivered, collection costs, and other costs incurred in connection with the performance of the agreement. The claims against the customer referred to in this article shall become immediately due and payable.
## Article 7 Prices and Payment
1. Before the agreement is concluded, the total price of the products to be delivered shall be stated, including VAT and all other costs.
2. The price payable by the customer may differ from the daily recommended prices of the products to be delivered. Agreed prices can never be changed, even if it has been agreed that delivery will be postponed.
3. During the validity period stated in the offer, the prices of the products offered shall not be increased.
4. The customer cannot assert any rights with regard to the execution of the order if payment has not yet been made.
5. Any inaccuracy or incompleteness in payment details provided by the customer must be reported to Goldberg Juweliers without delay.
6. If timely payment is not made, the customer shall be in default by operation of law. From the moment of default, the customer shall owe statutory interest. Statutory interest shall be calculated up to and including the day on which the outstanding payment is fully settled.
7. Reasonable costs incurred in collecting the outstanding payment for which the customer is or has been in default shall be borne by the customer. Extrajudicial costs shall be calculated in accordance with the Dutch Collection Costs Act 2012 (Wet Incassokosten 2012).
## Article 8 Performance and Delivery
1. Goldberg Juweliers shall exercise the utmost care in the execution and delivery of orders.
2. Unless delivery at the premises of Goldberg Juweliers has been expressly agreed, the ordered products shall be delivered to the delivery address specified by the customer. In the latter case, Goldberg Juweliers shall determine the method of transportation.
3. Immediately upon receipt of the products, the customer is deemed to inspect them. If the customer does not lodge a complaint within a reasonable period, the delivered products shall be deemed to conform to the agreement.
4. Goldberg Juweliers shall execute accepted orders with due speed. As standard, we use the services of Nedpak for shipping parcels. Delivery periods stated in the offer shall be observed as much as possible. Stated delivery periods shall never be regarded as strict deadlines. The customer shall not be entitled to dissolve the agreement until they have given Goldberg Juweliers written notice of default, granting Goldberg Juweliers a reasonable period to still complete delivery, and delivery has still not taken place after the expiry of that period.
5. If delivery has been agreed, all shipments shall be sent insured according to the usual conditions. The costs of this insurance shall be borne by the customer.
6. Goldberg Juweliers reserves the right to deliver in installments.
7. The risk of loss or damage to the products passes to the customer at the moment the products are received by or on behalf of the customer.
## Article 9 Force Majeure
1. Goldberg Juweliers is entitled to suspend performance of the agreement if prevented from doing so by a circumstance that is not attributable to its fault and which cannot be charged to it under the law, a legal act, or generally accepted standards.
2. Goldberg Juweliers shall notify the customer of the force majeure situation as soon as possible. If the force majeure situation lasts longer than three months, or if it can reasonably be foreseen that it will last at least three months, both parties shall be entitled to dissolve the agreement. Dissolution shall take place by means of a written declaration to that effect.
3. Goldberg Juweliers is not obliged to compensate any damage resulting from force majeure.
## Article 10 Conformity
Goldberg Juweliers guarantees that the delivered goods comply with the characteristics stated in the offer, meet reasonable standards of soundness and usability, and otherwise conform to the agreement.
## Article 11 Liability
1. Goldberg Juweliers accepts no liability for damage resulting from incorrect or incomplete information provided by the customer, including an incorrectly specified delivery address.
2. Goldberg Juweliers is not liable for any temporary or permanent deficiencies in the software used on the website.
3. Goldberg Juweliers shall never be liable for consequential damages, including losses suffered and loss of profit. If liability nevertheless exists despite the provisions of these general terms and conditions, only direct damages shall be eligible for compensation.
Direct damages shall exclusively mean:
* reasonable costs incurred in determining 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 Goldberg Juweliers’ defective performance brought into conformity with the agreement, insofar as these costs can be attributed to Goldberg Juweliers;
* reasonable costs incurred to prevent or limit damage, insofar as the customer demonstrates that these costs have led to the limitation of direct damage as referred to in these general terms and conditions.
4. Goldberg Juweliers is not liable for risks or complications arising from repairs. Such risk always remains with the customer.
## Article 12 Complaints
1. Complaints regarding the performance of the agreement must be submitted to Goldberg Juweliers in writing within a reasonable time after the customer has discovered the defective performance, fully and clearly described.
2. Complaints submitted to Goldberg Juweliers shall be answered within fourteen days of receipt.
3. If a complaint requires a longer processing time, Goldberg Juweliers shall respond within fourteen days with an acknowledgment of receipt and an indication of when the customer can expect a more detailed response.
4. If Goldberg Juweliers considers the complaint submitted by the customer to be justified, Goldberg Juweliers shall be obliged to remedy the defective performance, provided that the customer has retained the delivered goods in accordance with the standards of care that may reasonably be expected.
5. The customer is not entitled to return delivered products before obtaining written permission from Goldberg Juweliers. If the products are returned by the customer, they shall be transported at the customer’s expense and risk.
## Article 13 Final Provisions
1. All agreements between the customer and Goldberg Juweliers shall be governed exclusively by Dutch law.
2. The parties shall first seek recourse to the courts only after having made every effort to resolve the dispute amicably.
3. In addition, we are obliged to inform you of the European ODR platform for online dispute resolution, which we are also open to using as a secondary option: [https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=NL](https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=NL)
4. The version of these general terms and conditions made available to the customer at the time the agreement was concluded shall always apply.
5. The Dutch text of these general terms and conditions shall always be decisive for their interpretation.
6. The applicability of the Vienna Sales Convention (CISG) to the agreement is excluded.