privacy declaration

Terms and Conditions

To avoid misunderstandings, we use the general terms and conditions described in this document. Various agreements have been drawn up specifically for jewelers and goldsmiths, in collaboration with, among others, the Consumers' Association.

The agreements form part of the agreements that we conclude with you. This means you are better protected in the event of unexpected complaints or disputes. Although we will do everything we can to satisfy you, you may experience this. The exact conditions are described in this document.

Table of contents:

Article 1 - DefinitionsArticle 2 - Identity of the entrepreneurArticle 3 - ApplicabilityArticle 4 - The offerArticle 5 - The priceArticle 6 - Establishment and content of the agreementArticle 7 - PaymentArticle 8 - Delivery and executionArticle 9 - Retention of title and transferArticle 10 - Conformity and warrantyArticle 11 - Non-fulfillment of the agreementArticle 12 - LiabilityArticle 13 - Right of withdrawal in the event of distance purchasingArticle 14 - Costs in case of withdrawalArticle 15 - Exclusion of right of withdrawalArticle 16 - Customer accountArticle 17 - Additional provisions for repair, maintenance, design and manufactureArticle 18 - Intellectual propertyArticle 19 - ComplaintsArticle 20 – Dispute settlement Article 21 – Mutual application to non-consumers Article 22 – Additional or deviating provisions

ARTICLE 1 – Definitions

In these conditions the following definitions apply:

Reflection period: the period within which the consumer can exercise his right of withdrawal; Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur; Day: calendar day; Duration transaction: a distance contract with relates to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time; Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a manner that allows future consultation and unchanged reproduction of the stored information. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period; Entrepreneur: the natural or legal person who sells products and/or services remotely offers to consumers;Agreement: agreement between the entrepreneur and the consumer regarding an agreement of purchase/sale, assignment and/or contracting of work;Distance agreement: an agreement whereby in the context of a system for distance selling organized by the entrepreneur of products and/or services, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used; Product: jewelry, gold and silver works, gemstones and related items, as well as repair, design, manufacture and valuation of the said goods.Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

ARTICLE 2 – Identity of the entrepreneur

Zikesch GoudsmedenKerkstraat 376291AB Vaals - NL

Telephone: 31 (0)43 8519221

WhatsApp 31 (0)6 30914270

Email: info@zikeschgoudsmeden.com

Monday: ClosedTuesday: 10:00am - 5:30pmWednesday: 10:00am - 5:30pmThursday: 10:00am - 5:30pmFriday: 10:00am - 5:30pmSaturday: 10:00am - 5:30pmSunday: Closed

Chamber of Commerce number: 14058247VAT identification number: NL212955111B02

ARTICLE 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and all agreements concluded between the entrepreneur and the consumer. Before the distance contract is concluded, the text of these general 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 general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer. If the distance contract is electronic concluded, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer. In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or are annulled, the remainder of the agreement and these terms and conditions will remain in force and the relevant provision will be immediately replaced by mutual agreement by a provision that the The scope of the original is approximated as much as possible. Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions. Any ambiguities about the interpretation or content of one or more provisions of our terms and conditions must be explained. are 'in the spirit' of these general terms and conditions.

ARTICLE 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur. All images and specifications data in the offer are indicative and cannot give rise to compensation or termination of the agreement. Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular:

the price including taxes; the possible costs of shipping; the delivery date and whether this date is a fixed or probable delivery date; whether or not the right of withdrawal applies; the method of payment, delivery and execution of the agreement; the way in which the consumer can, before concluding the agreement, check the data provided by him in the context of the agreement and, if desired, restore it;

The offer is valid as long as stock is sufficient.

ARTICLE 5 – The price

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. 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. as a result of changes in VAT rates. Notwithstanding the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: they are the result of legal regulations or provisions; whether the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect. The prices stated 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 typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

ARTICLE 6 – Establishment and content of the agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of acceptance of the offer. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet 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 reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution. The agreement should preferably be in writing or electronically. recorded. A copy of a written agreement must be provided to the consumer. However, the absence of a written or electronically recorded agreement does not make this agreement null and void. With the distance contract, the entrepreneur will provide the consumer with the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, include: the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear message regarding the exclusion of the right of withdrawal; the starting time and the duration of the reflection period that may be available to the consumer ;that in the event of use of the cooling-off period, a maximum of the costs of return shipment will be borne by the consumer and

the visiting address of the Zikesch Goudsmeden branch.

the email address of Zikesch Goudsmeden where the consumer can go with complaints; the information about warranties and existing service after purchase; the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the Every agreement is entered into under the suspensive conditions of sufficient availability of the products in question.

ARTICLE 7 – Payment

Payment takes place upon delivery, unless otherwise agreed. When purchasing, the entrepreneur has the right to oblige the consumer to pay in advance a maximum of 30 percent of the price. The amounts owed by the consumer for distance purchasing must be paid immediately.

ARTICLE 8 – Delivery and execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services. Delivery takes place by placing the product in the possession of the consumer. If In the case of distance purchasing, the place of delivery is the address that the consumer has made known to Zikesch Goudsmeden. Delivery time is defined as the agreed term. Taking into account what is stated in paragraph 8 of this article, Zikesch Goudsmeden will process accepted orders expeditiously. but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If a delay occurs because circumstances change and/or required materials are not delivered to Zikesch Goudsmeden on time, the delivery time will be extended by the duration of the delay. If the delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation. An agreed delivery time is not a strict deadline. All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation. In the event of dissolution in accordance with paragraph 7 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution. If delivery of If an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are borne by the entrepreneur. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly stated otherwise. made an agreement.

ARTICLE 9 – Retention of title

Ownership of the delivered products is only transferred to the consumer after he has paid the total amount due to the entrepreneur. The risk of the products passes to the consumer at the time of delivery.

ARTICLE 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement. 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. The entrepreneur guarantees that the work carried out by him meet the specifications stated in the offer, meet the reasonable requirements of reliability and/or usability, taking into account good workmanship and the use of sound materials and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.Minimal deviations The entrepreneur cannot be held against the entrepreneur with regard to design, sample and model. 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 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. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products. In the event of distance purchasing, any defects or incorrectly delivered products must be reported. must be reported in writing to the entrepreneur one month after delivery. Products must be returned in the original packaging and in new condition. The products can also be returned to the store. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement. The entrepreneur is not responsible 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. Nor is the entrepreneur liable for any damage caused as a result of these defects.

ARTICLE 11 – Failure to comply with the agreement

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 this. The entrepreneur has the right of retention (right of retention) if the consumer fails to fulfill a due obligation, unless the shortcoming does not prevent this retention. justifies. 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 – Liability

Zikesch Goudsmeden is not liable to the buyer for damage of any nature, except for damage caused by intent or deliberate recklessness of the persons in its employ, or of persons appointed by it for the performance of the work assigned by the consumer. Any liability of Zikesch Goudsmeden is limited to the amount paid out in the relevant case under the applicable liability insurance of Zikesch Goudsmeden, plus the fixed amount of the deductible set in the policy conditions that is not borne by the insurer. - for whatever reason - no payment is made under the insurance referred to in the previous paragraph, any liability is limited to the amount equal to the amounts invoiced on the basis of the relevant agreement with the buyer. Zikesch Goudsmeden is not obliged to incur any damage to the consumer. to compensate damages resulting from force majeure, such as damage resulting from a robbery, burglary, shoplifting or fire and/or when the consumer's home contents or valuables insurance covers the damage. Emotional and/or immaterial damage is never eligible for compensation. The consumer is liable to Goudsmid Wouters for damage caused by a shortcoming attributable to him.

ARTICLE 13 – Right of withdrawal for distance purchasing

When purchasing products remotely, the consumer has the option to terminate the agreement without giving reasons within 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur. If the entrepreneur has not fulfilled his obligation to provide information as referred to in Article 6, paragraph 6, the period of the cooling-off period is a maximum of three months and 14 days. If the entrepreneur still complies with the information obligation during those three months, the 14-day period starts the day after he has fulfilled that obligation. During the cooling-off 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 accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. If the consumer wishes to use To exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days of receipt of the product. After the consumer has indicated that he wishes to exercise his right of withdrawal, the consumer 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 shipment. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

ARTICLE 14 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, a maximum of the costs of return will be borne by him. The entrepreneur may not charge any other costs upon termination of the agreement. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of complete return can be provided. Refund will be made via the same payment method used by the consumer unless the consumer expressly consents to a different payment method. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before concluding the purchase agreement.

ARTICLE 15 – Exclusion of right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in time before concluding the agreement. Exclusion of the right of withdrawal is only possible for products: which have been created by the entrepreneur in accordance with the consumer's specifications; which are clearly personal in nature;

ARTICLE 16 – Customer account

To open a customer account, the consumer must provide a valid email address. The consumer is responsible for the use made of his username and password. Zikesch Goudsmeden therefore advises the consumer to use a unique password and to store the password carefully. The consumer is responsible for the correctness of the data entered in the customer account. The consumer can change his data in the customer account himself. The consumer can find his orders in the customer account.

ARTICLE 17 – Additional provisions for repair, maintenance, design and manufacture

If there is an agreement for repair, maintenance, design and manufacture of products, the following applies:

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 stated price and term are guidelines, unless the consumer and the entrepreneur have agreed on a fixed price and/or term. the entrepreneur is responsible for recording the telephone number and address details of the consumer. the entrepreneur must contact the consumer to discuss the additional costs if: the target price of a product is more than €100 and is exceeded or threatens to be exceeded by more than 10%, or the target price of a product is not more than €100 and by more than €20 is exceeded or threatens to be exceeded. In that case, the consumer is entitled to terminate the agreement with compensation to the entrepreneur for the work already reasonably carried out by him. A detailed invoice for the work carried out will be issued upon request. .

ARTICLE 18 – Intellectual property

All rights under intellectual and industrial property rights (including but not limited to copyrights, design rights and trademark rights), in the broadest sense of the word, remain vested in Zikesch Goudsmeden, unless otherwise agreed. Reproduction or publication of the products manufactured by Zikesch Goudsmeden or designs, drawings, calculations, descriptions, models and other delivered and eligible services provided, without prior permission from Zikesch Goudsmeden, is not permitted.

ARTICLE 19 – Complaints procedure

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 14 days 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. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment 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 that is subject to the dispute settlement procedure (see Article 20). A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at his option or the replace or repair delivered products free of charge.

ARTICLE 20 – Dispute settlement

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad. The Vienna Sales Convention does not apply.

ARTICLE 21 – Additional or deviating provisions

Additional or deviating provisions from these general 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.

ARTICLE 22 – Mutual application to non-consumers

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 enter into an agreement with the entrepreneur regarding a product, subject to Articles 19, 20 and 21. The provisions as 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 capacity supplies the entrepreneur and/or supplies and/or purchases products for resale and/or delivery (business to business).