Legal notice
Myfashionjewels General Terms and Conditions
Article 1 - Information about the company:
Mfjtrading
Waarderstraat 110
Email: info@myfashionjewels.nl
Chamber of Commerce number: 92890083
VAT number: NL004984827B03
Article 2 – Definitions
In these conditions the following definitions apply:
1. Myfashionjewels: The company as described in Article 1;
2. Buyer: The natural person or legal entity who purchases products, digital content and/or services from Myfashionjewels on www.myfashionjewels.nl;
3. Consumer: The natural person who is not acting for purposes related to his business, professional or commercial activity;
4. Products: jewelry, accessories and future products and services from Myfashionjewels;
5. Agreement: the agreement whereby the buyer acquires products, digital content and/or services on the basis of a distance contract and Myfashionjewels delivers these products and/or services to the buyer;
6. Reflection period: The period within which the consumer can exercise his right of withdrawal;
7. Digital content: data produced and delivered in digital form;
8. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is personally addressed to him in a manner that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
9. Right of withdrawal: the option the consumer has to cancel the distance contract within the cooling-off period;
10. Distance agreement: The agreement between Myfashionjewels and the buyer regarding the distance sale of products, digital content and/or services. The agreement has been concluded exclusively or partly by means of one or more techniques for distance communication;
11. Distance communication technology: A means by which the buyer and Myfashionjewels can conclude an agreement without having to be in the same room at the same time;
12. Model form for withdrawal: This model form can be downloaded from the website.
Article 3 – Applicability
1. These general terms and conditions apply to every offer from Myfashionjewels.
2. These general terms and conditions apply to every distance contract concluded between Myfashionjewels and the consumer.
3. Before the distance contract is concluded, these general terms and conditions will be made available to the consumer electronically. This is done in such a way that the consumer can easily store it 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.
4. By placing an order (concluding the distance contract), the buyer expressly agrees to these general terms and conditions.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The entire Myfashionjewels offering contains a complete and accurate description of the products, digital content and/or services offered. The product description included with each Myfashionjewels item is sufficiently detailed to make a good assessment of the offer. If Myfashionjewels uses images, these are a true representation of the products, services and/or digital content offered. However, apparent mistakes or errors in the offer do not bind Myfashionjewels.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer.
Article 5 – The agreement
1. The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set. This is subject to the provisions of paragraph 4.
2. If the consumer has accepted the offer electronically, Myfashionjewels will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Myfashionjewels, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, Myfashionjewels 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, Myfashionjewels will take appropriate security measures.
4. Myfashionjewels can, within legal frameworks, inform itself 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, Myfashionjewels has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. Myfashionjewels will send 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, no later than upon delivery of the product, service or digital content to the consumer:
a. the visiting address of the entrepreneur's branch where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about warranties and existing after-sales service;
d. the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance contract;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
f. if the consumer has a right of withdrawal, a model withdrawal form.
Article 6 – Right of withdrawal
For products:
1. The consumer can terminate an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. Myfashionjewels may ask the consumer about the reason for withdrawal, but does not oblige him to state his reason(s).
2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the product, or:
a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. Myfashionjewels may, provided it has clearly informed the consumer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;
c. in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, received the first product.
For services and digital content that is not supplied on a tangible medium:
3. The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving reasons. The entrepreneur may ask the consumer the reason for withdrawal, but may not oblige him to state his reason(s).
4. The reflection period referred to in paragraph 3 commences on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that is not delivered on a tangible medium if you do not inform yourself about the right of withdrawal:
5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
6. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the commencement date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.
Article 7 – Obligations of the consumer during the cooling-off period
1. 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 determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would in a store.
2. The consumer is only liable for any reduction in value of the product that is the result of handling the product that goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the time of concluding the agreement.
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
1. If the consumer wishes to exercise the right of withdrawal, he must notify Myfashionjewels within the cooling-off period. This can be done by means of the model withdrawal form or in another unambiguous manner.
2. The consumer shall return the product as soon as possible, but within 14 days from the day following the notification referred to in paragraph 1.
3. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
4. The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Myfashionjewels.
5. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
6. The consumer bears the direct costs of returning the product.
7. The consumer shall not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
a. He has not expressly agreed to commence performance of the agreement before the end of the cooling-off period prior to delivery;
b. he has not acknowledged that he loses his right of withdrawal when granting his consent; or
c. the entrepreneur has failed to confirm this statement from the consumer.
8. If the consumer exercises his right of withdrawal, all additional agreements will be terminated by operation of law.
Obligations of Myfashionjewels in the event of withdrawal
1. If Myfashionjewels enables the notification of withdrawal by the consumer electronically, it will immediately send a confirmation of receipt after receiving this notification.
2. Myfashionjewels will reimburse the consumer's payments with regard to the products subject to the withdrawal. This does not include any shipping costs. Myfashionjewels will refund the amount within 10 working days after the returned product(s) has been received by Myfashionjewels.
3. Myfashionjewels uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to another method. The refund is free of charge for the consumer.
Article 10 – Exclusion of right of withdrawal
Myfashionjewels can exclude the following products and services from the right of withdrawal, but only if this is clearly stated in the offer, or at least stated in a timely manner before concluding the agreement:
1. Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
2. Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service agreements, after full performance of the service, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer has stated that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
4. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, freight transport, car rental services and catering;
5. Agreements relating to leisure activities, if the agreement provides for a specific date or period of execution;
6. Products manufactured to consumer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
7. Products that spoil quickly or have a limited shelf life;
8. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
9. Products that, by their nature, are irreversibly mixed with other products after delivery;
10. The supply of digital content other than on a tangible medium, but only if:
a. the performance has begun with the express prior consent of the consumer; and
b. the consumer has stated that he thereby loses his right of withdrawal.
11. Customized products and personalized/engraved products are excluded from the right of withdrawal. Please note: If only the jewelry box has a personal text, the product can simply be returned.
Article 11 – The price
1. 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.
2. Notwithstanding the previous paragraph, Myfashionjewels may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the right to cancel the agreement with effect from the day on which the price increase takes effect.
5. The prices stated in the offer of products or services are exclusive of VAT.
6. Any Myfashionjewels discount codes can only be redeemed at www.myfashionjewels.nl. Discount codes are not valid on discounted products and/or in combination with other promotions. Discount codes are not valid retroactively.
Article 12 – Compliance with agreement and additional warranty
1. Myfashionjewels guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement. and/or government regulations. Myfashionjewels only guarantees that the product is suitable for other than normal use if agreed.
2. An additional warranty provided by Myfashionjewels, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if Finaste has failed to fulfill its part of the agreement.
3. An additional warranty means any obligation of Myfashionjewels, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the contract. agreement.
Article 13 – Delivery and execution
1. Myfashionjewels will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has provided to Myfashionjewels.
3. With due observance of what is stated in Article 4 of these general terms and conditions, Myfashionjewels will execute accepted orders expeditiously, but no later than within 30 days, unless a different delivery period has been agreed. If 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 and is entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, Myfashionjewels will immediately refund the amount paid by the consumer.
5. The risk of damage and/or loss of products rests with Myfashionjewels until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 14 – Payment
1. Unless otherwise provided in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement. agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the agreed advance payment has been made.
3. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
4. If the consumer does not meet his payment obligation(s) on time, after the entrepreneur has informed him of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, If payment is not made within this 14-day period, statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40. The entrepreneur may deviate from the stated amounts and percentages for the benefit of the consumer.
Article 15 – Complaints procedure
1. If the consumer has a complaint, question or comment, the consumer can contact Myfashionjewels customer service, as stated in article 1 of these general terms and conditions.
2. If the consumer has a complaint, Myfashionjewels will contact the consumer within 14 working days of receiving the complaint.
Article 16 – Disputes
1. Agreements between Myfashionjewels and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. Disputes between parties arising from or otherwise related to agreements or these general terms and conditions will be resolved in consultation as much as possible. Any dispute that is not resolved by the parties will be submitted to the competent court in The Hague, unless Myfashionjewels decides to take legal action against the consumer before the competent court in another state or place of business.