Terms & conditions

ARTICLE 1– Definitions
In these General Terms and Conditions, the following definitions apply:

Consumer: natural person who does not act in the course 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 for 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 techniques for distance communication are used;

Product: jewelry, gold and silver works, watches, precious stones 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 that is made and all Agreements that are concluded between the Entrepreneur and the Consumer.

 

ARTICLE 3 – The offer
The offer of the Entrepreneur is preferably made in writing or electronically and – if a term for acceptance has been set – is in force during the term indicated therein.

In any case, the offer includes:

1. the description of the Product with any accessories
2. the price of the Product with an indication of whether the price is a fixed or a non-fixed agreed price;
3. the delivery date and whether this date is a firm 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 price will depend.
2. If a change occurs within three months after the conclusion of the Agreement, but before delivery, with regard to a price that has been agreed as a fixed price, this change will not affect the agreed price. The Consumer is entitled to dissolve the Agreement if the price is increased after three months after the Agreement has been concluded, but before delivery.
3. The second paragraph does not apply to price changes arising from the law.

 

ARTICLE 5 – The Agreement

1. The Agreement is concluded by accepting the offer of the Entrepreneu.

2. The acceptance of the offer by the Consumer is only valid if this takes place within the stipulated 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 does not render this Agreement null and void.

 

ARTICLE 6 – Payment

1. Payment is made in cash on delivery, unless otherwise agreed.
2. If payment in installments has been agreed, the Consumer must pay according to the installments and percentages as determined in the Agreement.
3. In case of purchase, the Entrepreneur has the right to oblige the Consumer to pay a maximum of 30 percent of the price in advance.

 

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 estimated delivery time.
3. If the expected delivery time is exceeded, the Entrepreneur will still be given a certain term to deliver. This new delivery time amounts to a maximum of 50% of the probable 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 agreed delivery time is exceeded, the Consumer has the right – while retaining his right to compliance – to dissolve the Agreement and/or to 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 complied with his payment obligations, including what he may owe in connection with the failure to fulfill 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 workmanship and using sound materials.
3. Minimal deviations with regard to design, sample and model cannot be invoked against the Entrepreneur.

ARTICLE 10 – Warranties

1. In the case of purchase/sale and manufacture of jewelry, the Entrepreneur guarantees the absence of defects that appear 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 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 free repair, compensation, price reduction and termination of the Agreement as granted to him by law.

2. The Entrepreneur does not guarantee defects that have arisen after the delivery of the Products as a result of incompetent use or lack of care on the part of the Consumer, or which are the result of changes that the Consumer or third parties have made to the Product. Nor is the Entrepreneur responsible for any damage that may arise as a result of these defects.

3. The Consumer fully retains his statutory warranty rights, regardless of the provisions in paragraphs 1 and 2 regarding the trade guarantee issued by the Entrepreneur.

 

ARTICLE 11 – Non-performance of 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 fulfillment, suspension is only permitted insofar as the shortcoming justifies it.
2. The Entrepreneur has the right of retention (right of retention) if the Consumer fails to fulfill a due and payable obligation, unless the shortcoming does not justify this retention.
3. If one of the parties fails to comply with the Agreement, the other party is authorized to dissolve the Agreement, unless the shortcoming does not justify termination in view of its minor significance.

 

ARTICLE 12 – Late payment and establishment of security

1. The Consumer is in default from the expiry of the payment date. After the expiry of that date, the Entrepreneur will send a payment reminder and will give the Consumer the opportunity to pay within 14 days of 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 relevant Product. .
3. The Consumer who hands over a Product to the Entrepreneur for the performance of an Agreement thereby establishes a pledge on this Product in favor of the Entrepreneur as additional security for payment of all that 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 publicly sell the pledged property, unless the Consumer has submitted a complaint within the aforementioned period as described in Article 17. The Entrepreneur will inform the Consumer,
   1. If and insofar as the address details of the Consumer are known, twice by registered letter (with intervals of at least three months) or
   2. 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, through a publication in a national or regional newspaper, demand to pay and announce the public sale of the To transfer the product if he remains in default after the term 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 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 vis-à-vis the Consumer for damage resulting from a shortcoming that is attributable to the Entrepreneur or at his risk, to persons employed by him, or to persons appointed by him for the implementation of the work assigned by the consumer.
2. The amount for which the Entrepreneur is liable to be held by the Consumer for Products that he holds in his possession is limited to € 12,500 per Product or so much more as the liability insurance taken out by the Entrepreneur covers, except in cases where there is intent, gross debt 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 to take 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 is not obliged 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 home 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.

 

ARTICLE 14 – Additional provisions to a Distance Agreement

1. Before entering into the Distance Contract, the Entrepreneur must provide the Consumer with the following information in a clear and comprehensible manner:
   1. the identity and geographical address of the Entrepreneur;
   2. the main features of the Products;
   3. the price, including VAT, of the Products;
   4. any costs of delivery;
   5. the method of payment, delivery and execution;
   6. whether or not the cooling-off period of 14 working days applies to the Distance Contract;
   7. the term for acceptance of the offer.

2. In addition to article 5 paragraph 2, the Consumer can dissolve the Distance Contract, 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 30 days, counting from the day following the day on which the Consumer placed his order. If this term is exceeded, the Consumer has the right to dissolve the Distance Contract 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. When the cooling-off period applies to this Distance Agreement, the Consumer has the right to dissolve the Distance Agreement during 14 working days without stating reasons.

5. If the Products are not available, the Entrepreneur must inform the Consumer of this as soon as possible and repay any (deposit) 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 will be borne by 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 comprehensible manner.

6. The Entrepreneur shall provide the Consumer with the following information in good time upon fulfillment and at the latest upon delivery:
7. the data stated under a to g in paragraph 1 of this article;
8. in writing the requirements for the exercise of the right to terminate the Distance Contract and any associated financing during the reflection period of 14 working days, stating in any case:
9. the starting time and the duration of the cooling-off period that may be available to the Consumer;
10. II. that if the cooling-off period is used, a maximum of the costs of return and delivery 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.

1. IV. the visiting address of the Entrepreneur's establishment;
2. V. the details of any warranty and after-sales service;
3. VI. the requirements for terminating the Agreement if the Agreement has a duration of more than one year or an indefinite period.

7. If the Entrepreneur has not complied with his obligation to provide information or has not provided information in the correct form, the term of the reflection period is a maximum of 3 months and 14 working days. If the Entrepreneur still complies with the obligation to provide information in those 3 months, the period of 14 working days starts to run from 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 dissolution of the Agreement.

 

ARTICLE 15 – Additional provisions for repair, maintenance, design and manufacture

In the event of an Agreement for the repair, maintenance, design and manufacture of Products, the following applies:

1. Before or upon conclusion of the Agreement, the Consumer may require a statement of the target price of the work, as well as of the term within which the work will be performed. The stated 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 in order to discuss the additional costs if:
4. the target price of a Product is more than € 100 and is exceeded or is likely to be exceeded by more than 10%, or
5. the target price of a Product does not exceed €100 and is exceeded or is likely to be exceeded by more than €20.
6. 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 with compensation from the Entrepreneur for the work already performed by him in reasonableness.
7. An itemized invoice will be issued for the work performed on 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 consent of the Entrepreneur, is not permitted.

 

ARTICLE 17 – Complaints and mediation arrangement

1. Complaints about the implementation 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 in 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, at his choice, submit his complaint within 6 weeks after the dispute arose to the Mediation Agency for Jewelry and Watches, PO Box 904 2270 AX Voorburg, tel. 070 386 62 48) for an attempt at mediation or submit a dispute to the Disputes 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 Disputes Committee within 6 weeks after it has become apparent that the mediation attempt has not led to a solution.

 

ARTICLE 18 – Dispute Resolution

1. Disputes between Consumer and Entrepreneur about the conclusion or implementation of Agreements with regard to services and/or Products to be delivered or delivered by this Entrepreneur can be brought before the Disputes Committee for Jewelry and Watches, Bordewijklaan 46, by both the Consumer and the Entrepreneur. PO Box 90600, 2509 LP The Hague (www.degeschillencommissie.nl).
2. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur and then, if necessary, has submitted it to the mediation agency. A dispute arises if the consumer's complaint is not resolved satisfactorily by the entrepreneur and/or through the mediation attempt of the Jewelery and Clocks 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 has arisen.
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 agreement within five weeks. The Entrepreneur must thereby announce that he will consider himself free to bring the dispute before the court after the expiry of the aforementioned term.
5. The Disputes Committee makes a decision with due observance of the provisions of the regulations applicable to it. The decisions of the Disputes Committee are made pursuant to those regulations by way of binding advice. The regulations will be sent on request. A fee is payable for the handling of a dispute.
6. Only the court or the above-mentioned Disputes Committee is authorized to take cognizance of disputes.

 

ARTICLE 19 – 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 guarantee of the NJU is revived if the binding advice has remained in force after review by the court and the judgment from which this appears has become final.

2. The NJU will pay the consumer an amount up to a maximum of €10,000 per binding advice. For amounts exceeding €10,000 per binding advice, the maximum amount will be paid and the NJU will offer the consumer the excess of his claim to the NJU over to carry. The NJU will subsequently request payment in its own name in order to satisfy the consumer.

3. The NJU does not provide a compliance guarantee if, before the consumer has met the formal collection requirements established for the purpose of handling the dispute (payment of the complaint fee, return of a completed and signed questionnaire and any deposit), one of the following situations applies: is:
   1. the member has been granted a moratorium;
   2. the member has been declared bankrupt;

• the member's business activities have effectively ended. Decisive for this situation is the date on which the business termination is registered in the Trade Register or an earlier date, from which the NJU can demonstrate that the business activities have actually ended.

 

ARTICLE 20 - Deviation
Individual deviations from these General Terms and Conditions shall be recorded in writing and electronically between the entrepreneur and the consumption.

ARTICLE 21 - Amendment
The branch organisations NJU/VGZ will amend these General Terms and Conditions in consultation with the Consumers' Association.

ARTICLE 22 - Corresponding application to non-consumers
All provisions contained in these General Terms and Conditions are applicable to natural and/or legal persons acting in the exercise of a profession or business and entering into an Agreement with the Trader relating to a product, with the exception or articles 4.2, 17, 18 and 19. 

The provisions included in these General Terms and Conditions shall not apply to business counterparties. Business counterparty shall mean a natural person of who acts in the exercise of a profession or business and in that capacity supplies and/or purchases Products to the Contractor for resale and/or delivery (business-business).