TERMS & CONDITIONS BERNICE
Article 1. Definitions and applicability
1.1 These General Terms and Conditions of Sale (hereinafter: conditions) apply to all offers, orders and agreements of BerNice. Unless BerNice agrees to other conditions in writing. The customer cannot derive any rights for future transactions from any agreed deviations.
1.2 Accepting an offer or placing an order implies that you accept the applicability of these terms and conditions.
1.3 The provisions of these terms and conditions can only be deviated from in writing, in which case the other provisions will remain in full force and effect.
Article 2. Offers/agreements
2.1 All offers from BerNice are without obligation and BerNice expressly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations.
2.2 An agreement is only concluded after acceptance of your order by BerNice. BerNice is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, BerNice will inform you within two working days of receipt of the order.
Article 3. Prices and payments
3.1 The prices stated for the products and services offered are in euros including VAT.
3.2 We charge €2.95 for shipping within the Netherlands. For customers from countries other than the Netherlands, the contribution to the shipping costs depends on the country and the amount of your order.
3.3 Payment can be made by means of a credit card (Mastercard and Visa) or iDEAL, but after approval of the payment agent. No additional costs are charged for these online payments. After payment you will receive a confirmation by email containing an overview of the products, the costs and the amount paid.
Article 4. Delivery
4.1 Orders are delivered within 2 to 3 working days (excluding holidays). After receipt of payment, we will send the package via Post-NL to the delivery address indicated on the order. If we deviate from this for certain reasons, you will be notified by e-mail. The costs for shipping are borne by the customer.
4.2 Exceeding the agreed delivery times does not entitle the customer to compensation, dissolution of the agreement or non-fulfilment of any obligation that may arise for him from this or any other related agreement.
4.3 The product must be delivered to the customer no later than 30 days after ordering. If this does not happen, the customer can immediately cancel the purchase. This does not apply if the parties have agreed on a different delivery term.
4.4 Delivery in parts is permitted.
4.5 We do our best to keep the website as up to date as possible, but it is possible that a product is no longer available. In this case we will contact you as soon as possible.
Article 5. Complaints and returns
5.1 We do everything we can to deliver a perfect product. If the ordered item does not meet your expectations, you can report it back on our website within 14 calendar days of receipt of the order. If no written complaints are received by BerNice within this period, BerNice is deemed to have fully complied with its obligations with regard to the delivered goods.
5.2 BerNice guarantees that all jewelry is made of the highest quality sterling silver, the gold jewelry is gold plated on silver. However, chemical products (eg perfume or soap) can influence the PH value of the skin in such a way that this can lead to discoloration of the jewellery. So always remove the jewelry when washing, swimming or applying care products to the skin to maintain the quality of the jewelry. Discoloration, damage or breakage due to careless use are not covered by the official BerNice warranty.
5.3 The customer has the right to return the product to BerNice within 14 days, unworn and undamaged, without giving any reason. If the product does not meet your expectations due to damage or a defect, it is up to BerNice to decide to proceed with a possible refund of the shipping costs. In that case, BerNice will refund the paid amount directly to your bank account within 30 days after a product has been returned in good condition (if paid via iDEAL) or instruct the credit card company to credit the amount. In both cases, if applicable, with deduction of the shipping costs charged. These shipping costs are considered as reimbursement for return.
5.4 All BerNice products are covered by a consumer warranty for up to three months after the date of purchase with regard to any manufacturing defects. BerNice will assess the jewelry after receipt whether there is a manufacturing error or careless use. In the event of a manufacturing defect, BerNice will rectify the error by offering a repair, or replacing the product with a new product or a replacement product if an item is no longer in stock.
5.5 The warranty only applies if an original purchase receipt from the dealer (or webshop) can be submitted. The warranty expires if there is damage due to careless use. The assessment of this is up to BerNice.
5.5 In the case of earrings, the entire pair must always be returned as the entire pair will be replaced in the event of replacement.
Article 6. Right of withdrawal
You have the right to cancel your order up to 14 days after receipt without giving any reason. After cancellation you have another 14 days to return your product. You will then be credited the full order amount including shipping costs. Only the costs for return from your home to the webshop are for your own account. If you make use of your right of withdrawal, the product will be returned to the entrepreneur with all accessories supplied and in the original condition and packaging. To exercise this right, please contact us at email@example.com. We will then refund the order amount due within 14 days after registration of your return, provided the product has already been returned in good order.
Article 7. Liability
7.1 Any liability of BerNice and of BerNice’s personnel and products for all damage, of whatever nature, direct or indirect, including trading loss, consequential damage, damage to movable or immovable property or to persons, is expressly excluded. BerNice is also not liable for damage caused by third parties during the execution of the agreement.
7.2 BerNice accepts no liability for any damage resulting from the use of BerNice’s products.
7.3 Any liability of BerNice towards the buyer is in any case limited to a maximum of the invoice amount that the buyer owes BerNice under the agreement in question.
7.4 For misunderstandings, mutilations, delays or improper transmission of orders and communications as a result of the use of the Internet or any other means of communication in the traffic between the customer and BerNice, or between BerNice and third parties, insofar as it relates to the relationship between the customer and BerNice, BerNice is not liable, unless and insofar as there is intent or gross negligence on the part of BerNice.
Article 8. Force majeure
8.1 In the event of force majeure, BerNice has the right, at its own discretion, to suspend the execution of your order or to dissolve the agreement without judicial intervention, by notifying this in writing and without BerNice being obliged to compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
8.2 Force majeure is understood to mean any shortcoming that cannot be attributed to BerNice, because it is not due to its fault and is not for its account under the law, legal act or generally accepted standards.
Article 9. Privacy
All personal data will only be used for processing the order and will never be made available to third parties.
Article 10. Miscellaneous
10.1 If you provide BerNice with an address when ordering, BerNice is entitled to send all orders to that address, unless you inform BerNice in writing, when ordering or by email of another address to which your orders should be sent.
10.2 If BerNice allows deviations from these terms and conditions, whether or not tacitly, for a short or longer period of time, this shall not affect its right to demand immediate and strict compliance with these terms and conditions. You can never assert any right based on the fact that BerNice applies these conditions flexibly.
10.3 If one or more of the provisions of these terms and conditions or any other agreement with BerNice should conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new legally permissible comparable provision to be determined by BerNice. .
10.4 BerNice is authorized to make use of third parties for the execution of your order(s).
Article 11 Applicable law and competent court
11.1 All rights, obligations, offers, orders and agreements to which these terms and conditions apply, as well as these terms and conditions, are exclusively governed by Dutch law.
11.2 All disputes between the parties will be submitted exclusively to the competent court in the Netherlands.
Margaretha van Borsselenlaan 38
Chamber of Commerce: 34178303