privacy declaration
GENERAL CONDITIONS of the Dutch Jewelry and Watch Industry and the Association of Gold and Silversmiths. (AV CZ/98, February 2010)
ARTICLE 1 – Definitions
ARTICLE 2 – Applicability
General
ARTICLE 3 - The offer
ARTICLE 4 - The price
ARTICLE 5 - The Agreement
ARTICLE 6 - Payment
ARTICLE 7 - Delivery and delivery time
ARTICLE 8 - Retention and transfer of title
ARTICLE 9 - Conformity
ARTICLE 10 - Guarantees
ARTICLE 11 - Failure to comply with the Agreement
ARTICLE 12 - Late payment and provision of security
ARTICLE 13 - Liability
Distance contract
ARTICLE 14 - Additional provisions for a Distance Agreement
Repair, maintenance, design and manufacture
ARTICLE 15 - Additional provisions for repair, maintenance, design and manufacture
ARTICLE 16 - Intellectual property
Complaints and disputes
ARTICLE 17 - Complaints and mediation scheme
ARTICLE 18 - Dispute settlement
ARTICLE 19A - NJU Compliance Guarantee
ARTICLE 19B - VGZ Compliance Guarantee
Final provisions
ARTICLE 20 - Deviation
ARTICLE 21 - Amendment
ARTICLE 22 - Mutual application to non-Consumers
ARTICLE 1 - Definitions In these General Terms and Conditions the following definitions apply:
Consumer: Natural person who does not act in the exercise of a profession or business and who enters into an Agreement with regard to a Product.
Entrepreneur: Natural or legal person who, as a member of NJU/VGZ, makes an offer or concludes an Agreement regarding a Product. Agreement: Agreement between the Entrepreneur and the Consumer regarding an Agreement of purchase/sale, assignment and/or contracting of work.
Distance Agreement: An Agreement that has been concluded via a system organized by the Entrepreneur, whereby only remote communication techniques are used.
Product: Jewelry, gold and silver works, watches, gemstones and related articles, as well as repair, design, manufacture and valuation of the said goods.
ARTICLE 2 - Applicability
These General Terms and Conditions apply to every offer made and all Agreements concluded between the Entrepreneur and the Consumer.
GENERAL
ARTICLE 3 - The offer
1. The Entrepreneur's offer is preferably made in writing or electronically and - if a period for acceptance has been set - it is valid for the period specified.
2. The offer will in any case include:
a. the description of the Product with any accessories
b. the price of the Product with an indication whether the price is a fixed or a non-fixed agreed price
c. the delivery date and whether this date is a fixed or probable delivery date
ARTICLE 4 - The price
1. The price that the Consumer must pay is agreed in advance, unless the parties expressly agree otherwise. If a non-fixed price is agreed, the Entrepreneur will indicate as accurately as possible the factors on which the price will depend.
2. If a change occurs within three months after concluding the Agreement, but before delivery, with regard to a price that has been agreed as fixed, this change will not affect the agreed price. The Consumer is entitled to terminate the Agreement if the price is increased three months after the conclusion of the Agreement, but before delivery.
3. The second paragraph does not apply to price changes resulting from the law.
ARTICLE 5 - The Agreement
1. The Agreement is concluded by acceptance of the Entrepreneur's offer.
2. Acceptance of the offer by the Consumer is only valid if it takes place within the specified period. As long as receipt of an electronic acceptance has not been confirmed by the Entrepreneur, the Consumer can terminate the agreement.
3. The Agreement should preferably be recorded in writing or electronically. A copy of a written Agreement must be provided to the Consumer. However, the absence of a written or electronically recorded Agreement does not void this Agreement.
ARTICLE 6 - Payment
1. Payment takes place in cash upon delivery, unless otherwise agreed.
2. If payment in installments has been agreed, the Consumer must pay in accordance with the installments and percentages as determined in the Agreement.
3. When purchasing, the Entrepreneur has the right to oblige the Consumer to pay in advance a maximum of 30 percent of the price.
ARTICLE 7 - Delivery and delivery time
1. Delivery takes place by placing the Product in the possession of the Consumer.
2. Delivery time means the term agreed in the Agreement. Parties can agree on a fixed or estimated delivery time.
3. If the estimated delivery time is exceeded, the Entrepreneur will still be given a certain period in which to deliver. This new delivery time amounts to a maximum of 50% of the expected delivery time, unless the Consumer cannot reasonably be held to this new delivery time or the parties agree otherwise (preferably in writing).
4. If this new delivery time or the fixed agreed delivery time is exceeded, the Consumer - while retaining his right to performance - has the right to terminate the Agreement and/or demand compensation without notice of default or judicial intervention.
ARTICLE 8 - Retention and transfer of title
The Entrepreneur remains the owner of the Product as long as the Consumer has not fully fulfilled his payment obligations, including what he may owe in connection with the failure to meet his obligations (in accordance with Article 12 paragraph 2 of these general terms and conditions).
ARTICLE 9 - Conformity
1. The Entrepreneur guarantees that the delivered Product complies with the Agreement (conformity). The Entrepreneur also guarantees that the Product has those properties that, taking all circumstances into account, are necessary for normal use, as well as for special use insofar as this has been agreed.
2. The Entrepreneur guarantees that the work carried out by him complies with the Agreement and is carried out with good workmanship and using sound materials.
3. Minimal deviations from design, sample and model cannot be held against the Entrepreneur.
ARTICLE 10 - Guarantees
1. In the case of purchase/sale and manufacture of jewelry, the Entrepreneur guarantees the absence of defects that manifest themselves after delivery for a period of six months. In the case of repairs, the Entrepreneur guarantees the absence of defects for a period of three months, unless otherwise agreed in writing, insofar as they relate to the parts repaired/replaced by him. The Consumer is entitled to free replacement of defective parts within a reasonable time. In addition, the Consumer is entitled to free repair, compensation, price reduction and termination of the Agreement as granted to him by law.
2. The Entrepreneur is not liable for defects that have arisen after delivery of the Products as a result of improper use or lack of care on the part of the Consumer, or that are the result of changes that the Consumer or third parties have made to the Product. applied. Nor is the Entrepreneur liable for any damage caused as a result of these defects.
3. The Consumer fully retains his legal warranty rights, regardless of what is determined in paragraphs 1 and 2 regarding the commercial warranty issued by the Entrepreneur.
ARTICLE 11 - Failure to comply with the Agreement
1. If one of the parties fails to fulfill an obligation under the Agreement, the other party may suspend the fulfillment of the corresponding obligation. In the event of partial or improper performance, suspension is only permitted to the extent that the shortcoming justifies it.
2. The Entrepreneur has the right of retention (right of retention) if the Consumer fails to fulfill a due obligation, unless the failure does not justify this retention.
3. If one of the parties fails to comply with the Agreement, the other party is entitled to terminate the Agreement, unless the shortcoming does not justify termination given its minor significance.
ARTICLE 12 - Late payment and provision of security
1. The Consumer is in default from the expiry of the payment date. After that date has expired, the Entrepreneur will send a payment reminder and give the Consumer the opportunity to pay within 14 days of receiving this payment reminder.
2. If payment has still not been made after the expiry of the term set in the payment reminder, the Entrepreneur is entitled to charge the statutory interest from the expiry of the payment date, as well as the reasonable collection costs and the costs of insurance and storage of the concerning Product.
3. The Consumer who hands over a Product to the Entrepreneur in execution of an Agreement thereby establishes a pledge on this Product in favor of the Entrepreneur as additional security for payment of everything he owes or will owe to the Entrepreneur.
4. If the Consumer has not fully fulfilled his payment obligations to the Entrepreneur with regard to the repair, maintenance, design or manufacture of a Product one year after the expiry of the payment date, the Entrepreneur has the right to terminate the Agreement and to put it up for public sale of the pledged item, unless the Consumer has filed a complaint within the aforementioned period as described in Article 17.
The Entrepreneur will inform the Consumer; a. if and insofar as the address details of the Consumer are known, twice by registered letter (with intervals of at least three months) or b. if and insofar as the address details of the Consumer are not known or if the first registered letter has not reached the Consumer for whatever reason, via a publication in a national or regional newspaper, demand payment and announce the public sale of the property. to transfer the product if he remains in default after the period stated therein has expired.
5. The public sale may be replaced by a private sale if the expected costs of the public sale will exceed the estimated yield of the Products. If the proceeds from the sale of the pledged Product exceed the claims of the Entrepreneur, the surplus will, if possible, be made available to the Consumer.
ARTICLE 13 - Liability
1. The Entrepreneur is liable to the Consumer for damage resulting from a shortcoming attributable to the Entrepreneur or at his risk, to persons in his employ, or to persons appointed by him for the implementation of the work assigned by the Consumer.
2. The amount for which the Entrepreneur can be held liable by the Consumer for Products in his possession is limited to € 12,500 per Product or as much more as is covered by the liability insurance taken out by the Entrepreneur, except in cases of intent. , gross negligence or the purchase of a Product.
3. The Entrepreneur points out to the Consumer the limited liability of the Entrepreneur in the event of repairs and the possibility of taking out additional insurance, unless it is clear that the value of the Product does not exceed the maximum amount for liability. The Consumer must inform the Entrepreneur as completely as possible about the specifications of the Product.
4. The Entrepreneur does not have to compensate the Consumer for damage resulting from force majeure, such as damage resulting from a robbery, burglary, shoplifting or fire and/or when the Consumer's contents or valuables insurance covers the damage. Any further non-life insurance payments to the Entrepreneur that relate to damage to a Product of the Consumer will be paid by the Entrepreneur to this Consumer.
5. Emotional and/or immaterial damage is never eligible for compensation.
6. The Consumer is liable to the Entrepreneur for damage caused by a shortcoming attributable to him.
DISTANCE AGREEMENT
ARTICLE 14 - Additional provisions for a Distance Agreement
1. Before entering into the Distance Agreement, the Entrepreneur must provide the Consumer with the following information in a clear and understandable manner:
a. the identity and geographical address of the Entrepreneur;
b. the main characteristics of the Products;
c. the price, including VAT, of the Products;
d. the possible costs of delivery;
e. the method of payment, delivery and execution;
f. whether or not the cooling-off period of 7 working days applies to the Distance Agreement;
g. the term for acceptance of the offer.
2. In addition to Article 5, paragraph 2, the Consumer can terminate the Distance Agreement, as long as receipt of an electronic acceptance has not been confirmed by the Entrepreneur.
3. The Entrepreneur has a maximum delivery period of 30 days, starting from the day following the day on which the Consumer placed his order. If this period is exceeded, the Consumer has the right to terminate the Distance Agreement without further notice of default, unless the delay cannot be attributed to the Entrepreneur. The Consumer and the Entrepreneur can agree on a different term.
4. If the cooling-off period applies to this Distance Agreement, the Consumer has the right to terminate the Distance Agreement without giving reasons for a period of 7 working days.
5. If the Products are not available, the Entrepreneur must inform the Consumer of this as soon as possible and reimburse any (advance) payment within 30 days at the latest, without prejudice to any rights to compensation.
If the Consumer and the Entrepreneur have agreed that a Product of equal quality and price may be delivered, the costs of return will be borne by the Entrepreneur. This only applies in the event that the Consumer makes use of the termination during the cooling-off period. The Entrepreneur must inform the Consumer of this in a clear and understandable manner.
6. The Entrepreneur will provide the Consumer with the following information in a timely manner upon fulfillment and at the latest upon delivery: a. the information stated under a to mg in paragraph 1 of this article; b. the requirements in writing for exercising the right to terminate the Distance Agreement and any associated financing during the reflection period of 7 working days, stating in any case: I the starting time and the duration of the reflection period available to the Consumer being able to stand; II that if the cooling-off period is used, a maximum of the costs of return shipment and delivery costs will be borne by the Consumer; III the information about the termination of the loan if the Consumer finances the purchase price with a loan from the Entrepreneur or from a third party on the basis of an Agreement between the Entrepreneur and that third party; IV the visiting address of the Entrepreneur's branch; V the information regarding any warranty and after-sales service; VI the requirements for termination of the Agreement if the Agreement has a duration of more than one year or an indefinite duration.
7. If the Entrepreneur has not fulfilled his obligation to provide information or has not provided data in the correct form, the cooling-off period is a maximum of 3 months and 7 working days. If the Entrepreneur still complies with the information obligation during those 3 months, the period of 7 working days starts on the day after he has complied with that obligation.
8. Returns are at the expense and risk of the Consumer. The Entrepreneur may not charge any other costs upon termination of the Agreement.
REPAIR, MAINTENANCE, DESIGN AND MANUFACTURE
ARTICLE 15 - Additional provisions for repair, maintenance, design and manufacture If there is an Agreement for repair, maintenance, design and manufacture of Products, the following applies:
1. Before or at the time of concluding the Agreement, the Consumer may require a specification of the target price of the work, as well as the period within which the work will be carried out. The specified price and term are guidelines, unless the Consumer and the Entrepreneur have agreed on a fixed price and/or term.
2. The Entrepreneur is responsible for recording the telephone number and address details of the Consumer.
3. The Entrepreneur must contact the Consumer to discuss the additional costs if: a. the target price of a Product is more than € 100 and is exceeded or threatens to be exceeded by more than 10%, or b. the target price of a Product does not exceed €100 and is exceeded or threatens to be exceeded by more than €20.
4. In that case, if this price increase takes place within three months after the conclusion of the Agreement, the Consumer is entitled to terminate the Agreement and compensate the Entrepreneur for the work already reasonably performed by him.
5. An itemized invoice for the work carried out will be issued upon request. ARTICLE 16 - Intellectual property The designs, drawings, calculations, descriptions, models and other delivered and eligible services produced or provided by an Entrepreneur remain the intellectual property of the Entrepreneur and/or the designer. Reproduction or publication of the aforementioned goods and/or Products, without the prior permission of the Entrepreneur, is not permitted.
COMPLAINTS AND DISPUTES
ARTICLE 17 - Complaints and mediation scheme
1. Complaints about the performance of the Agreement must be submitted fully and clearly described in writing to the Entrepreneur in a timely manner after the Consumer has discovered the defects. Failure to submit the complaint on time may result in the Consumer losing his rights in this regard.
2. If the complaint handling by the Entrepreneur has not led to a satisfactory result for the Consumer, the Consumer can then optionally submit his complaint to the
Mediation Agency Jewelry and Watches, PO Box 904, 2270 AX Voorburg, tel. 070 386 62 48
for an attempt at mediation or submit his dispute to the dispute committee (see article 18).
If the complaint has been submitted to the Mediation Agency and the mediation attempt has not led to a satisfactory result for the Consumer, the Consumer can still submit his dispute to the dispute committee within 6 weeks after it has become apparent that the mediation attempt has not led to a solution.
ARTICLE 18 - Dispute settlement
1. Disputes between the Consumer and the Entrepreneur regarding the conclusion or implementation of Agreements relating to services and/or Products to be delivered or delivered by this Entrepreneur can be submitted by both the Consumer and the Entrepreneur to the Disputes Committee for Jewelry and Watches, Bordewijklaan. 46, PO Box 90600, 2509 LP The Hague (www.degeschilcommissie.nl).
2. A dispute will only be processed by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur and subsequently submitted it to the mediation agency. A dispute arises if the consumer's complaint has not been resolved satisfactorily by the entrepreneur and/or through the mediation attempt of the Sieraden en Horewerken Mediation Agency.
3. If mediation has not been used, the dispute must be submitted to the Disputes Committee no later than three months after it arose.
4. If the Consumer submits a dispute to the Disputes Committee, the Entrepreneur is bound by this choice. If the Entrepreneur wishes to submit a dispute to the Disputes Committee, he must ask the Consumer to express his or her agreement within five weeks. The Entrepreneur must announce that he will consider himself free to submit the dispute to the court after the aforementioned period has expired.
5. The Disputes Committee will make a decision in accordance with the provisions of the regulations that apply to it. The decisions of the Disputes Committee are made pursuant to these regulations by way of binding advice. The regulations will be sent upon request. A fee is due for the handling of a dispute.
6. Only the judge or the above-mentioned Disputes Committee has jurisdiction to hear disputes.
ARTICLE 19A - NJU Compliance Guarantee
1. The NJU guarantees that the Entrepreneur, a member of the NJU, will comply with the binding advice within two months after it has been sent, unless the Entrepreneur decides during that time to submit the binding advice to the court for review. The NJU's guarantee is revived if the binding advice has been upheld after review by the court and the judgment demonstrating this has become final.
2. The NJU will pay the consumer an amount of up to a maximum of € 10,000 per binding advice. For amounts greater than €10,000 per binding advice, the maximum amount will be paid and the NJU offers the consumer to transfer his claim to the NJU for the excess. The NJU will then legally request payment in its own name to the consumer.
3. The NJU does not provide a compliance guarantee if, before the consumer has met the formal collection requirements for the handling of the dispute (payment of the complaint fee, return of a completed and signed questionnaire and any deposit deposit), one of the following situations apply: - the member has been granted a suspension of payments; - the member has been declared bankrupt - the member's business activities have actually ended. Decisive for this situation is the date on which the business cessation is registered in the Trade Register or an earlier date, from which the NJU can plausibly demonstrate that the business activities have actually been terminated.
ARTICLE 19B - VGZ Compliance Guarantee
The members of the VGZ must, upon first request, provide a guarantee to the satisfaction of the Foundation in the form of a sum of money for each dispute to be dealt with, either by providing a bank guarantee according to the Foundation's model or by paying such an amount to the Foundation which, to the satisfaction of the Foundation, can serve as security for compliance with the Commission's ruling(s). If this is not done, the VGZ will, at the first request of the Foundation, terminate the entrepreneur's membership of the VGZ with immediate effect. The handling of the dispute may be discontinued if the entrepreneur fails to provide security for compliance with the rulings.
FINAL PROVISIONS
ARTICLE 20 - Deviations Individual deviations from these General Terms and Conditions must be recorded in writing or electronically between the Entrepreneur and the Consumer.
ARTICLE 21 - Changes The NJU/VGZ trade organizations will only change these General Terms and Conditions in consultation with the Consumers' Association.
ARTICLE 22 - Mutual application to non-Consumers
1. All provisions included in these General Terms and Conditions apply mutatis mutandis to natural and/or legal persons who act in the exercise of a profession or business and conclude an Agreement with the Entrepreneur regarding a Product, subject to articles paragraph 2, 17, 18 and 19.
2. The provisions included in these General Terms and Conditions do not apply to business counterparties. A business counterparty should be understood as a natural person or legal entity acting in the exercise of a profession or business and in that position supplies the Entrepreneur and/or supplies and/or purchases Products for resale and/or delivery (business to business). These General Terms and Conditions of the NJU/VGZ were drawn up in consultation with the Consumers' Association in the context of the Self-Regulation Consultation Coordination Group of the Social-Economic Council and come into effect on January 1, 2011.