Discalaimer: in a legal dispute, the general terms and conditions of delivery as formulated in dutch apply. We provide a translation here for your convenience.
GENERAL TERMS AND CONDITIONS OF DELIVERY
Since 1995, The Mill Diamonds C.V. has been a member of the Federation of Gold and Silver, the trade association for jewellers, goldsmiths, silversmiths, engravers, watchmakers and appraisers of jewellery products. With more than 900 members, they strive for uniformity and reliability in our industry.
For example, initiatives are being developed in the field of corporate social responsibility such as the Covenant on Responsible Gold | code of conduct for jewellers and goldsmiths and conflict-free diamonds They also offer a lot of background information about consumer protection such as the guarantee law for precious metals and a uniform conditions of delivery used by all members.
The Mill Diamonds C.V.Rokin 1231012 KP AmsterdamTel. +31 (0)20-6272625E-mail: email@example.comReg.no. KvK 33270.946BTW. ID.no NL8043.53.566.B01
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 contract: an Agreement that has been concluded via a system organized by the Entrepreneur, in which exclusive techniques for distance communication have been used ; Product: jewelry, gold and silver works, timepieces, precious stones and related items, as well as repair, design, manufacture and valuation of said goods.
ARTICLE 2 – Applicability
These General Terms and Conditions apply to every offer that is made and all Agreements that are concluded between the Entrepreneur and the Consumer. General
ARTICLE 3 – The offer
1. The offer of the Entrepreneur is preferably made in writing or electronically and – if a period for acceptance has been set – is in force during the period indicated therein.
2. In any case, the offer includes:
a. the description of the Product with any accessories;
b. the price of the Product indicating whether the price is a fixed or 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 on which factors the amount of the price will depend.
2. If within three months after the conclusion of the Agreement, but still before delivery, a change occurs with regard to a price that has been agreed as a fixed rate , this change will not affect the agreed price. The Consumer is entitled to dissolution of the Agreement if the price is increased after three months after the conclusion of the Agreement, but before delivery .
3. The second paragraph shall not apply to price changes resulting from the law.
ARTICLE 5 – The Agreement
1. The Agreement is concluded by accepting the Entrepreneur’s offer.
2. The acceptance of the offer by the Consumer is only valid if this takes place within the set period. As long as the receipt of an electronic acceptance has not been confirmed by the Entrepreneur , the Consumer can dissolve 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 shall not render this Agreement null and void.
ARTICLE 6 – Payment
1. Payment will be made in cash upon delivery, unless otherwise agreed.
2. If payment in installments has been agreed, the Consumer must pay according to the installments and percentages as set out in the Agreement.
3. In the event of purchase, the Entrepreneur has the right to oblige the Consumer to pay in advance of a maximum of 50 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 is understood to mean the term agreed in the Agreement. The parties can agree on a fixed or expected delivery time.
3. If the expected delivery time is exceeded, the Entrepreneur will still be given a certain period to deliver. This new delivery time is a maximum of 50% of the expected delivery time , unless the Consumer cannot reasonably be held to this new delivery time or the parties (preferably in writing) agree otherwise.
4. If this new delivery time or the fixed agreed delivery time is exceeded, the Consumer has the right – while retaining his right to comply – to dissolve the Agreement and/or to demand compensation without notice of default or judicial intervention.
ARTICLE 8 – Retention of title 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 performed by him complies with the Agreement and is carried out with good craftsmanship and with the use of sound material.
3. Minimal deviations with regard to design, sample and model cannot be invoked against the Entrepreneur.
ARTICLE 10 – Guarantees
1. In the case of the purchase/sale and manufacture of jewelry for a period of six months, the Entrepreneur guarantees the absence of defects 5 that reveal themselves after delivery. 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 these 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 repair, compensation, price reduction and dissolution of the Agreement as granted to him by law free of charge.
2. The Entrepreneur is not responsible for defects that have arisen after the 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 responsible for any damage caused as a result of these defects.
3. The Consumer fully retains his statutory warranty rights, regardless of what is stipulated in paragraphs 1 and 2 regarding the commercial guarantee issued by the Entrepreneur.
ARTICLE 11 – Failure to comply with the Agreement
1. If one of the parties fails to comply with an obligation under the Agreement , the other party may suspend the fulfilment of the corresponding obligation. In the event of partial or improper performance, suspension is only permitted insofar as the shortcoming justifies it.
2. The Entrepreneur has the right of withholding (right of retention) if the Consumer fails to meet a due and payable obligation, unless the shortcoming does not justify this withholding.
3. If one of the parties does not comply with the Agreement, the other party is entitled to dissolve the Agreement, unless the shortcoming does not justify the dissolution due to its minor importance.
ARTICLE 12 – Late payment and establishment of security
1. The Consumer is in default from the expiry of the payment date. The Entrepreneur sends a payment reminder after the expiry of that date and gives the Consumer the opportunity to pay within 14 days after receipt of this payment reminder.
2. If, after the expiry of the term set in the payment reminder, payment has still not been made, 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 Product in question.
3. The Consumer who issues a Product to the Entrepreneur in execution of an Agreement thus establishes a fist pledge on this Product in favor of the Entrepreneur to ensure multiple security of payment of everything he owes or will owe to the Entrepreneur.
4. If the Consumer has not fully fulfilled his payment obligations regarding the repair, maintenance, design or manufacture of a Product to the Entrepreneur one year after the expiry of the payment date, the Entrepreneur has the right to terminate the Agreement and to proceed to the public sale of the pledged item, unless the Consumer within the aforementioned period has lodged a complaint as defined 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 (at intervals of at least three months) or b. if and insofar as the address details of the Consumer are not known or when the first registered letter has not reached the Consumer for whatever reason, through a publication in a national or 6 regional newspaper, order that payment be made and announce that the Product will be sold publicly if it defaults, after the period specified therein has expired.
5. The public sale may be replaced by a private sale if the expected cost of public sale will exceed the estimated yield of the Products. If the proceeds of the sale of the pledged Product exceed the claims of the Entrepreneur, the surplus will, if possible, be handed over 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 service, or to persons appointed by him for the performance of the work assigned by the Consumer .
2. The amount for which the Entrepreneur can be held liable by the Consumer for Products that he holds is limited to € 12,500 per Product or as much more as the liability insurance taken out by the Entrepreneur covers, except in cases where there is 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 repair and to 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 fully as possible about the specifications of the Product.
4. The Entrepreneur does not have to compensate the Consumer for damage that is the result of force majeure, such as damage as a result of a robbery, burglary, shoplifting or fire and / or when the Consumer’s contents or valuables insurance covers the damage. Any further payments of non-life insurance 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 contract
ARTICLE 14 – Additional provisions to a distance contract
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. any 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 period for acceptance of the offer.
2. In addition to Article 5 paragraph 2, the Consumer can dissolve the Distance Agreement , as long as the receipt of an electronic acceptance has not been confirmed by the Entrepreneur.
3. The Entrepreneur has a maximum delivery period of 90 days, counting from the day following the day on which the Consumer has placed his order. If this period is exceeded, the Consumer has the right to dissolve the Distance Agreement without further notice of default, unless the delay cannot be attributed to the Entrepreneur. The Consumer and the Entrepreneur may agree on a different term.
4. The Consumer has, when the cooling-off period applies to this Distance Agreement, the right to dissolve the Distance Agreement for 7 working days without giving reasons.
5. If the Products are not available, the Entrepreneur must inform the Consumer as soon as possible and refund any (re)paid 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 shipment are for the account of the Entrepreneur. This only applies in the event that the Consumer makes use of the dissolution during the cooling-off period. The Entrepreneur must inform the Consumer of this in a clear and understandable manner.
6. In time of fulfillment and at the latest upon delivery, the Entrepreneur shall provide the Consumer with the following information: a . the data mentioned under a to g in paragraph 1 of this article; b. in writing the requirements for the use of the right to terminate the Distance Agreement and any associated financing during the cooling-off period of 7 working days, whereby in any case it is stated: i. the starting time and the duration of the cooling-off period that may be available to the Consumer; ii.dat in case of use of the cooling-off period, the costs of return shipment and delivery costs will be borne by the Consumer; iii. the information about the dissolution 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 establishment; v. the information about the possible 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 period of the cooling-off period is a maximum of 3 months and 7 working days. If the Entrepreneur still complies with the obligation to provide information in those 3 months, the period of 7 working days will start the day after he has still fulfilled that obligation.
8. Return shipping is at the expense and risk of the Consumer. The Entrepreneur may not charge any other costs upon the dissolution 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 conclusion of the Agreement, the Consumer may require a statement of the target price of the work, as well as the period within which the 8 activities 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 takes care of 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 exceeds or is likely to be exceeded by more than 10%, or b. the target price of a Product does not exceed € 100 and is exceeded by more than € 20 or is likely to be exceeded.
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 under compensation from the Entrepreneur for the work already reasonably performed by him.
5. A specified account of the work carried out shall be issued on request.
ARTICLE 16 – Intellectual property
The designs, drawings, calculations, descriptions, models and other services provided 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 consent of the Entrepreneur, is not permitted. Complaints and disputes
ARTICLE 17 – Complaints and mediation arrangements
1. Complaints about the execution of the Agreement must be fully and clearly described, submitted in writing to the Entrepreneur, in good time 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 of his choice can then submit his complaint within 6 weeks after the dispute arose to the Mediation Office Jewelry and Clocks, P.O. Box 904 2270 AX Voorburg, tel. 070 386 62 48) for an attempt at mediation or to submit his dispute to the Disputes Committee (see Article 18). If the complaint has been submitted to the Mediation Office and the mediation attempt has not led to a satisfactory result for the Consumer , the Consumer can still submit his dispute to the disputes 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 about the conclusion or execution of Agreements with regard to services and/or Products to be delivered or delivered by this Entrepreneur can be brought by both the Consumer and the Entrepreneur before the Disputes Committee jewelry and timepieces, Bordewijklaan 46, P.O. Box 90600, 2509 LP The Hague (www.degeschillencommissie.nl).
2. A dispute will only be handled by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur and then possibly submitted it to the mediation agency. A dispute 9 arises if the consumer’s complaint has not been resolved satisfactorily by the entrepreneur and / or through the mediation attempt of the Mediation Agency Jewelry and Timepieces.
3. If mediation has not been used, the dispute must be brought before the Disputes Committee no later than three months after its occurrence .
4. When the Consumer brings a dispute before the Disputes Committee, the Entrepreneur is bound by this choice. If the Entrepreneur wishes to bring a dispute before the Disputes Committee, he must ask the Consumer to decide within five weeks whether he agrees to this. The Entrepreneur must hereby announce that after the expiry of the aforementioned period he will consider himself free to bring the dispute before the court. 5. The Disputes Committee shall give its decision in compliance with the provisions of the regulations applicable to it. The decisions of the Disputes Committee are made pursuant to those regulations by means of binding advice. A fee is payable for the handling of a dispute .
6. Only the court or the above-mentioned Disputes Committee is competent to hear disputes.
ARTICLE 19 – Nakomings guarantee
1. The NJU guarantees that the Entrepreneur, member of the NJU, complies with the binding advice within two months of sending it, unless the Entrepreneur decides during that time to submit the binding advice to the court for review . The guarantee of the NJU is revived if the binding opinion has been maintained after review by the court and the judgment proving this has become res judicata.
2. The NJU pays the consumer an amount up to a maximum of € 10,000 per binding advice,– In the case of amounts greater than € 10,000,– per binding advice, the maximum amount is paid out and the NJU offers the consumer to transfer his claim to the NJU for the excess. The NJU will then request payment in law in its own name in order to satisfy the consumer.
3. The NJU does not provide a guarantee of compliance if, before the consumer has met the formal intake requirements (payment of complaint fee, return completed and signed questionnaire and possible deposit of deposits), one of the following situations has been met:
– the member has been granted suspension of payment;
– the member has been declared bankrupt;
– the member’s business activities have effectively ceased. This situation is determined by the date on which the cessation of business was entered in the Trade Register or an earlier date, of which the NJU can plausibly demonstrate that the business activities have actually ended. Final provisions
ARTICLE 20 – Derogation
Individual deviations from these General Terms and Conditions must be recorded in writing or electronically between the Entrepreneur and the Consumer.
ARTICLE 21 – Amendment
The trade associations NJU/VGZ will only change these General Terms and Conditions in consultation with the Consumers’ Association.
ARTICLE 22 – Mutandis application to non-consumers
1. All provisions as 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 4 paragraphs 2, 17, 18 and 19.
2. The provisions as included in these General Terms and Conditions do not apply to business counterparties. Business counterparty must be understood to mean a natural or legal person who, acting in the exercise of a profession or business and in that function supplies the Entrepreneur and / or delivers and / or purchases Products to resell and / or deliver (business-to-business).
When it comes to the processing of your personal data, we are the so-called ‘controller’ within the meaning of the General Data Protection Regulation (GDPR). This means that we decide which personal data are processed, for what purpose and in what way.
We are responsible for ensuring that your personal data is processed properly and carefully in accordance with the GDPR.
What personal data do we process?
Personal data is all data that can provide information about an identifiable natural person.
We use and process, among other things, your name, address, telephone number, e-mail address, bank details, purchase history and sporadic data such as wedding or birth dates. We need this information to contact you, to be able to carry out and fulfill the agreements made with you. We may also use this data to send you informative or commercial messages related to our company. If you visit our website, we may be able to monitor your surfing behaviour via cookies. We also use permanent camera surveillance in our store(s) to prevent theft, but also to protect our customers and employees. More information about this can be found under the following heading.
What do we do with your data?
We process this data to be able to carry out orders, repairs or other assignments. We also provide this information to others, when necessary for the execution of the agreement. Think of a repairer, supplier or delivery service. We require these persons to handle this data carefully and only use it for the purpose for which we make it available to them.
To protect our property and the safety of our customers and staff, we use sight and possibly invisible security cameras. In the event of detected abuses, we will share these images with the police, the judiciary and third parties, all in full – in line with the laws and regulations and the agreements with the Dutch Data Protection Authority.
We like to keep our customers and those who have given permission informed and can also use the personal data for sending (electronic) newsletters.
Our website may use (external) cookies. You will (then) be asked if you wish to accept them
that can be placed on your computer to help us or third parties analyze how visitors use our
site. The information generated by the cookies about your use of the website can be
transferred to our own servers or those of a third party, such as Google.
We use Google Analytics to keep track of how visitors use our webshop. We have concluded
a processor agreement with Google to make agreements about the handling of our data.
Furthermore, we have not allowed Google to use the obtained Analytics information for other
Google services, finally we have the IP addresses anonymized.
Security of personal data
We also find it important that your data is secure, which is why we take appropriate technical
and organizational measures to prevent loss, misuse or theft of your personal data. The data is
stored, protected by a password and the persons who work with it are bound by confidentiality
Retention period for personal data
We do not store your personal data longer than is necessary for the purpose of the processing,
but this may differ per situation. We use the agreed warranty period and/or the statutory
retention periods as a reasonable starting point.
You have the right to inspect the personal data that we process, the right to correct this data or
to have it deleted. You also have the right to request us to transfer the digital data we process
to a third party to be disclosed by you.
If you want to know which of your personal data we process, you can submit a written request
for access to us.
You can send your written requests to:
The Mill Diamonds C.V.Rokin 1231012 KP AmsterdamTel. +31 (0)20-6272625 Reg.no.
KvK 33270.946 BTW. ID.no NL8043.53.566.B01
Or per e-mail to: firstname.lastname@example.org