GENERAL CONDITIONS OF SALE ROSALIND JEWELRY B.V.
Rosalind Jewelry B.V. is a business activity of Joronida Holding B.V.
Article 1. Applicability
1.1 These General Conditions of Sale of Joronida Holding B.V. (hereinafter: Conditions) shall apply to all orders and agreements of Rosalind Jewelry B.V. (hereinafter: Rosalind Jewelry) thereby excluding any other general conditions. The Conditions are filed with the Chamber of Commerce in Eindhoven and will be sent on request. These Conditions can also be consulted via the internet see: link
1.2 The acceptance of an offer or the placing of an order means that you accept the applicability of these Conditions.
1.3 The provisions in these Conditions may only be deviated from in writing, in which case the other provisions will remain in full force.
1.4 All rights and claims, as stipulated in these Conditions and in other further agreements for Rosalind Jewelry, are also stipulated for intermediate persons and other third parties engaged by Rosalind Jewelry.
Article 2. Offers/agreements
2.1 All offers by Rosalind Jewelry are without any obligation and Rosalind Jewelry explicitly retains the right to change the prices, in particular if this is necessary on the basis of (statutory) regulations.
2.2 An agreement is only concluded after acceptance of your order by Rosalind Jewelry. Rosalind Jewelry is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly agreed otherwise. If an order is not accepted, Rosalind Jewelry will communicate this within ten (10) working days after receipt of the order.
2.3 The jewelry of Rosalind Jewelry shown on the website, in the catalogue or other material published for advertising purposes are examples of the actual jewelry. As each jewel is produced by hand, each jewel is unique. This means that the details of the product actually received by you may differ from those shown in the material published for advertising purposes. No rights may therefore be derived from the pictures shown in the above publications.
2.4 In consultation with Rosalind Jewelry it is possible to produce a jewel on your instructions or to modify on such instructions a design shown in the material published for advertising purposes. Rosalind Jewelry will carry out these instructions in good faith, however within the limits of reasonableness and fairness. Taking into account the fact that the jewelry is produced by hand, there will be at all times a certain discrepancy between the instructions given by you and the actual product. With the conclusion of such an agreement the client undertakes, on penalty of dissolution, to make his/her wishes known in such a manner that actual implementation of these instructions is possible. A discrepancy between the instructions and the actual product that is within the limits of reasonableness and fairness will not form the basis for breach of contract or dissolution. The possibility of such a discrepancy is an integral part of the agreement and forms an acceptance of risk on the part of the client. Based on the special design or modifications desired by you Rosalind Jewelry will submit an additional charge to you for approval in advance.
Article 3. Prices and payments
3.1 The prices stated for the products and services offered are in euros, including VAT and excluding handling and forwarding costs, any taxes or other levies, unless stated otherwise or agreed in writing.
3.2 Payment should be made in advance without discount or compensation. On receipt of your payment you will receive confirmation of your order within 7 days with delivery date and an invoice stating how the payment has been made.
3.3 Payment may be made in (one of) the manner(s) as indicated during the ordering process. Further (payment/order) conditions may be set with regard to your order. When payment is by bank or giro date of payment is the date on which the giro or bank account of Rosalind Jewelry is credited.
3.4 If you are in default as regards any payment, Rosalind Jewelry is entitled to suspend or dissolve (the execution of) the agreement in question and the related agreements.
3.5 If the prices for the products and services offered increase in the period between the order and the carrying out of it, you are entitled to cancel the order or to dissolve the agreement within (10) days after having been informed of the price increase by Rosalind Jewelry.
Article 4. Delivery
4.1 Delivery is made only after advance irrevocable payment with the exception of collect on delivery orders.
4.2 The delivery dates stated by Rosalind Jewelry are only indicative. If any delivery date is exceeded, you are not entitled to compensation and also not entitled to cancel your order or dissolve the agreement, unless the delivery date is exceeded in such a way that you cannot reasonably be required to fulfill the agreement. In this case you are entitled to cancel the order or dissolve the agreement in so far as this is necessary.
4.3 The delivery of the products will take place at the location and on the date on which the products are ready for dispatch to you.
4.4 Delivery may take place in (one of) the way(s) as indicated during the ordering process. Further (payment/ordering) conditions may be set with regard to delivery.
Article 5. Retention of title
5.1 The ownership of products supplied is only transferred if on the basis of any agreement you have paid all that you owe Rosalind Jewelry. The risk relating to the products is transferred to you at the time of the delivery.
Article 6. Intellectual and industrial property rights
6.1 You should respect completely and unconditionally all intellectual and industrial property rights that are attached to the products supplied by Rosalind Jewelry.
Article 7. Complaints and liability
7.1 Taking into account the provisions in Article 2, you are obliged on delivery to investigate whether the products satisfy the terms and conditions of the agreement. You should take account here of the production by hand and the unique nature of each jewel. If you are of the opinion that the product supplied to you deviates from that which you agreed on in the purchase beyond the limits of reasonableness and fairness you should inform Rosalind Jewelry of this in writing stating the reasons, and this as soon as possible and in any case within seven (7) working days after the delivery, at least after establishment was reasonably possible.
7.2 If it has been demonstrated that the products, taking into account the provisions in Article 2, do not fulfill the agreement, Rosalind Jewelry has the option to replace the products in question on their return by new products or to refund the invoice amount of these.
7.3 If you do not wish to purchase a product for any reason what so ever, you are entitled to return the product to Rosalind Jewelry within seven (7) working days after delivery. Return shipments will only be accepted in this case if both the packaging of the product and the product itself are undamaged and it also applies that the costs for the risk of return shipments are payable by you.
7.4 If after return shipment it is found that the product supplied to you by Rosalind Jewelry and the packaging are damaged or, having regard to the nature of the jewel, have been changed, Rosalind Jewelry has the option to charge the repair costs or the whole invoice amount to you. In the latter case the product returned by you will be sent back to you.
Article 8. Orders/communication
8.1 For misunderstanding, mutilation, delays or the incorrect communication of orders and information as a result of the use of the Internet or any other means of communication in the dealings between you and Rosalind Jewelry, or between Rosalind Jewelry and third parties, in so far as relating to the relationship between you and Rosalind Jewelry, Rosalind Jewelry shall not be liable, unless and in so far as there may be gross negligence or intention by Rosalind Jewelry.
Article 9. Force majeure
9.1 Without prejudice to the other rights belonging to it, in the case of force majeure Rosalind Jewelry has the right to suspend the execution of your order at its own discretion or to dissolve the agreement without judicial intervention, this by informing you of this in writing and without Rosalind Jewelry being bound to any compensation, unless this would be unacceptable in the given circumstances according to criteria of reasonableness and fairness.
9.2 The term force majeure is used to refer to any shortcoming that cannot be assigned to Rosalind Jewelry because it is not its fault and also not accountable according to the law, juristic act or according to generally accepted standards.
Article 10. Miscellaneous
10.1 If you state an address in writing to Rosalind Jewelry, Rosalind Jewelry is entitled to send all orders to that address unless you inform Rosalind Jewelry in writing of another address to which your orders should be sent.
10.2 If Rosalind Jewelry has permitted deviations from these Conditions for a short or longer period of time tacitly or non-tacitly, this is without prejudice to its right to demand immediate and strict fulfillment of these Conditions. No right should ever be applied on the basis of the fact that Rosalind Jewelry applies these Conditions flexibly.
10.3 If one or more of the provisions of these Conditions or any other agreement with Rosalind Jewelry is in conflict with any applicable statutory regulation, the provision in question will cease to apply and it will be replaced by a new legally permissible comparable provision to be determined by Rosalind Jewelry.
10.4 Rosalind Jewelry is authorized to make use of third parties in the execution of your order(s).
Article 11. Applicable law and competent court
11.1 Only Netherlands law is applicable to these Conditions and to all rights, obligations, offers, orders and agreements to which these Conditions apply.
11.2 All disputes between parties will be submitted exclusively to the competent court in the Netherlands.
