Free Shipping above €100
  • Gemstone Manufacturer
  • Unique Pairs & Combinations
  • Insured Shipment

Index:

Article 1 - Definitions

Article 2 - Identity of the webshop

Article 3 - Applicability

Article 4 - The offer

Article 5 - The contract

Article 6 - Right of withdrawal

Article 7 - Customers' obligations in case of withdrawal

Article 8 - Customers who exercise their right of withdrawal and the costs involved

Article 9 - Webshops' obligations in case of withdrawal

Article 10 - Precluding the right of withdrawal

Article 11 - The price

Article 12 - Contract fulfilment and extra guarantee

Article 13 - Delivery and implementation

Article 14 - Extended duration transactions: duration, termination and prolongation

Article 15 - Payment

Article 16 - Complaints procedure

Article 17 - Disputes

 

Article 1 - Definitions

The following definitions apply in these terms and conditions:

  1. Supplementary agreement: an agreement in which a customer obtains products and/or services via a distance contract, and a webshop or a third party delivers these products and/or services in accordance with an agreement between that third party and the webshop;
  2. Withdrawal period: the period within which a customer can make use of his right of withdrawal;
  3. Customer: a natural person whose actions are carried out for objectives relating to the course of a trade, a profession or a business;
  4. Day: calendar day;
  5. Extended duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
  6. Durable medium: every means - including emails - that enables a customer or webshop to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
  7. Right of withdrawal: the possibility for a customer to waive a distance contract within the withdrawal period;
  8. Webshop: a natural or legal person who offers products and/or services to customers from a distance;
  9. Distance contract: a contract concluded between a webshop and a customer within the framework of system organized for the distance sale of products  and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
  10. Model form for right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these terms and conditions. The webshop is not obliged to provide Appendix I if the customer has no right of withdrawal with regard to his order;
  11. Technique for distance communication: means that can be used for communication regarding the offer made by the webshop and concluding a contract, without the necessity of the customer and webshop being in the same place at the same time.

 

Article 2 - Identity of the webshop

Name Webshop: Matched Gemstones

Acting under the name/names:

Matched Gemstones

 

Address:

Ogier van Cralingenpark 8

3065 BB Rotterdam

Netherlands

 

Telephone number: +31 (0)10-4471408

E-mail address: info@matchedgemstones.com

 

KvK-nummer: 68053967

Btw-nummer: NL219107300B02

 

Article 3: Applicability

  1. These general terms and conditions apply to every offer made by a webshop and to every distance contract that has been realized between an webshop and a customer.
  2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, the webshop will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the webshop’s premises and that they will be sent free of charge to the customer, as quickly as possible, at the customer’s request.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the customer will be provided with the text of these general terms and conditions electronically, in such a way that the customer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the webshop will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the customer free of charge, either electronically or in some other way.
  4. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the customer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.

 

Article 4 - The offer

  1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
  2. The offer contains a complete and accurate description of the products and/or services being offered. The description is sufficiently detailed to enable the customer to make a proper assessment of the offer. If the webshop makes use of illustrations, these will be a true representation of the products and/or services being offered. The webshop is not bound by obvious errors or mistakes in the offer.
  3. Every offer contains information that makes it clear to the customer what rights and obligations are related to the acceptance of the offer.

 

Article 5 - The contract

  1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the customer accepts the offer and the conditions thereby stipulated have been fulfilled.
  2. If the customer has accepted the offer electronically, the webshop will immediately confirm receipt of acceptance of the offer electronically. The customer can dissolve the contract as long as this acceptance has not been confirmed by the webshop.
  3. If the contract is concluded electronically, the webshop will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the customer is able to pay electronically, the webshop will take suitable security measures.
  4. The webshop may obtain information – within statutory frameworks – about the customer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the webshop proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
  5. The webshop will send to a customer, at the latest when delivering a product and/or service, the following information, in writing, or in such a way that the customer can store it on an accessible durable medium:
  • the office address of the webshop’s business location where the customer can lodge complaints;
  • the conditions under which the customer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;
  • information on guarantees and existing after-sales service;
  • the price, including all taxes on the product and/or service; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance contract;
  • the requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite;
  • if the customer has a right of withdrawal, the model form for right of withdrawal.
  • In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.

 

Article 6 - Right of withdrawal

Upon delivery of products:

  1. When purchasing products, a customer has the right to dissolve a contract, without giving reasons, during a period of at least 14 days. The webshop is allowed to ask a customer for the reason of this dissolution, but the customer is under no obligation to state his/her reason(s).
  2. The period stipulated in para. 1 commences on the day after the product was received by the customer, or a third party designated by the customer, who is not the transporting party, or:
  • if the customer has ordered several products: the day on which the customer, or a third part designated by the customer, received the last product. The webshop may refuse a single order for several products with different delivery dates, provided he clearly informed the customer of this prior to the ordering process.
  • if the delivery of a product involves different deliveries or parts: the day on which the customer, or a third party designated by the customer, received the last delivery or the last part;
  • with contracts for the regular delivery of products during a given period: the day on which the customer, or a third party designated by the customer, received the last product.

 

Upon delivery of services that is not supplied on a material medium:

  1. A customer has the right to dissolve a contract, without giving reasons, for the supply of services that is not supplied on a material medium during a period of at least fourteen days. The webshop is allowed to ask a customer for the reason of this dissolution, but the customer is under no obligation to state his/her reason(s).
  2. The period stipulated in para. 3 commences on the day after the contract was concluded.

Extended withdrawal period for products and services that is not supplied on a material medium in the event a customer was not informed about the right of withdrawal:

  1. If the webshop did not provide the customer with the statutorily obligatory information about the right of withdrawal or if the model form was not provided, the withdrawal period ends twelve months after the end of the originally stipulated withdrawal period based on the previous paragraphs of this article.
  2. If the webshop provided the customer with the information referred to in the previous paragraph within twelve months of the commencing date of the original withdrawal period, the withdrawal period shall end 14 days after the day on which the customer received the information.

 

Article 7 - Customers' obligations during the withdrawal period

  1. During the withdrawal period, the customer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the customer may only handle and inspect the product in the same way that he would be allowed in a shop.
  2. The customer is only liable for the product's devaluation that is a consequence of his handling the product other than as permitted in para.
  3. The customer is not liable for the product’s devaluation if the webshop did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.

 

Article 8 - Customers who exercise their right of withdrawal and the costs involved

  1. A customer who wants to exercise his right of withdrawal shall report this to the webshop, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way.
  2. As quickly as possible, but no later than 14 days after the day of reporting as referred to in para. 1, the customer shall return the product, or hand it over to (a representative of) the webshop. This is not necessary if the webshop has offered to collect the product himself. The customer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.
  3. The customer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the webshop.
  4. The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the customer.
  5. The customer bears the direct costs of returning the product. If the webshop has not declared that the customer shall bear these costs or if the webshop indicates a willingness to bear these costs himself, then the customer shall not be liable to bear the costs of returning goods.
  6. If the customer exercises his right of withdrawal, after first explicitly having asked that the service provided or the delivery of gas, water or electricity not prepared for sale shall be implemented in a limited volume or a given quantity during the period of withdrawal, the customer shall owe the webshop a sum of money that is equivalent to that proportion of the contract that the webshop has fulfilled at the moment of withdrawal, in comparison with fulfilling the contract entirely.
  7. The customer shall bear no costs for implementing services or the supply of water, gas or electricity not prepared for sale – in a limited volume or quantity – or for delivering city central heating, if:
  • the webshop did not provide the customer with the statutorily obligatory information about the right of withdrawal, the costs payable in the event of withdrawal or the model form for right of withdrawal, or;
  • the customer did not explicitly ask about the commencement of implementing the service or the delivery of gas, water, electricity or city central heating during the period of withdrawal.
  • The customer shall bear no costs for the entire or partial supply of digital content that is not supplied on a material medium, if:
  • prior to delivery, he did not explicitly agree to commencing fulfilment of the contract before the end of the period of withdrawal;
  • he did not acknowledge having lost his right of withdrawal upon granting his permission; or
  • the webshop neglected to confirm this statement made by the customer.
  • If a customer exercises his right of withdrawal, all supplementary agreements are legally dissolved.

 

Article 9 - Webshops' obligations in a case of withdrawal

  1. If the webshop makes it possible for a customer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt.
  2. The webshop reimburses the customer immediately with all payments, including any delivery costs the webshop charged for the returned product, though at the latest within 14 days after the day on which the customer reported the withdrawal. Except in cases in which the webshop has offered to retrieve the product himself, he can postpone refunding until he has received the product or until the customer proves he has returned the product, depending on which occurs earlier.
  3. For any reimbursement, the webshop will use the same payment method that was initially used by the customer, unless the customer agrees to another method. Reimbursement is free of charge for the customer.
  4. If the customer chose an expensive method of delivery in preference to the cheapest standard delivery, the webshop does not have to refund the additional costs of the more expensive method.

 

Article 10 - Precluding the right of withdrawal

The webshop can preclude the right of withdrawal for the following products and services, but only if the webshop stated this clearly when making the offer, or at least in good time prior to conclusion of the contract:

  1. Products or services whose prices are subject to fluctuations on the financial market over which the webshop has no influence and which can occur within the period of withdrawal;
  2. Contracts concluded during a public auction. A public auction is defined as a sales method whereby a webshop offers products, digital content and/or services at an auction, under the directions of an auctioneer, and whereby the successful purchaser is obliged to purchase the products, digital content and/or services;
  3. Service contracts, after full completion of the service, but only if:
  • implementation started with the explicit prior agreement of the customer; and
  • the customer declared having lost his right or withdrawal as soon as the webshop had completed the contract in full;
  • Package travels, package holidays and package tours as referred to in article 7:500 BW and contracts on passenger transport;
  • Service contracts providing access to accommodation, if the contract already stipulates a certain date or period of implementation and other than for the purpose of accommodation, the transport of goods, car rental services and catering;
  • Contracts relating to leisure activities, if the contract already stipulates a certain date or period of implementation;
  • Products manufactured according to the customer’s specifications, which were not prefabricated and were made based on a customer’s specific choice or decision, or which are clearly intended for a specific person;
  • Products subject to rapid decay or with a limited shelf-life;
  • Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;
  • Products that, due to their nature, have been irretrievably mixed with other products;
  • Alcoholic drinks whose price was agreed when concluding the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which the webshop has no influence;
  • Sealed audio/video-recordings and computer apparatus whose seal was broken after delivery;
  • The delivery of digital content other than on a material medium, but only if:
  • the delivery commenced with the customer’s explicit prior agreement, and
  • the customer declared that this implied his having lost his right of withdrawal.

 

Article 11 - The price

  1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs.
  2. Contrary to the previous paragraph, the webshop may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the webshop has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices.
  3. Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations.
  4. Price increases more than 3 months after the contract was concluded are only permitted if the webshop stipulated as much and:
  • they are the result of statutory regulations or stipulations; or
  • the customer is authorized to terminate the contract on the day on which the price increase takes effect.
  • Prices stated in offers of products or services include VAT.

 

Article 12 - Contract fulfilment and extra guarantee

  1. The webshop guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed the webshop also guarantees that the product is suited for other than normal designation.
  2. An extra guarantee arrangement offered by the webshop, manufacturer or importer can never affect the statutory rights and claims that a customer can enforce against the webshop on the grounds of the contract if the webshop failed to fulfil his part in the contract.
  3. An extra guarantee is defined as every commitment of a webshop, his supplier, importer or manufacturer that grants a customer rights or claims, in excess of those provided by law, for the event that he fails to fulfil his part in the contract.

 

Article 13 - Supply and implementation

  1. The webshop will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is deemed to be the address that the customer makes known to the company.
  3. Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the customer will be informed about this at the latest 30 days after the order was placed. In this case, the customer has a right to dissolve the contract free of charge and a right to possible damages.
  4. Following dissolution in accordance with the previous paragraph, the webshop refunds the customer immediately the sum he had paid.
  5. The risk of damage and/or loss of products rests upon the webshop up to the moment of delivery to the customer or a representative previous designated by the customer and announced to the webshop, unless this has explicitly been agreed otherwise.

 

Article 14 - Extended duration transactions: duration, termination and prolongation

Termination:

  1. The customer has a right at all times to terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a period of notice that does not exceed one month.
  2. The customer has a right at all times to terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.
  3. With respect to contracts as described in the first two paragraphs, the customer can:
  • terminate them at all times and not be limited to termination at a specific time or during a specific period;
  • terminate them in the same way as that in which they were concluded;
  • always terminate them subject to the same period of notice as that stipulated for the webshop.

 

Prolongation:

  1. A fixed-term contract that was concluded for the regular supply of products (including electricity) or services may not be automatically prolonged or renewed for a fixed period of time.
  2. In departure from that which is stated in the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be automatically prolonged for a fixed term that does not exceed three months, if the customer is at liberty to terminate this prolonged contract towards the end of the prolongation, with a period of notice that does not exceed one month.
  3. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the customer has at all times the right to terminate, with a period of notice that does not exceed one month and, in the case of a contract to supply daily or weekly newspapers or magazines regularly but less than once per month, a period that does not exceed three months.
  4. A fixed term contract for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial subscriptions or introductory subscriptions) will not be automatically prolonged and will automatically terminate at the end of the trial period or introductory period.

 

Duration:

  1. If the fixed-term of a contract exceeds one year, then after one year the customer has at all times a right to terminate, with a period of notice that does not exceed one month, unless reasonableness and fairness dictate that premature termination of the contract would be unacceptable.

 

Article 15 - Payment

  1. As far as no other date is stipulated in the contract or supplementary conditions, sums payable by the customer should be paid within 14 days after commencement of the withdrawal period, or in the absence of a withdrawal period within 14 days after the conclusion of the contract. In the case of a contract to provide a service, this 14-day period starts on the day after the customer received confirmation of the contract.
  2. When selling products to customers, the general terms and conditions may never stipulate an advance payment in excess of 50%. Where advance payment is stipulated, the customer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
  3. The customer is obliged to report immediately to the webshop any inaccuracies in payment data provided or stated.
  4. If a customer fails to fulfil his payment obligation(s) in good time, after the webshop has informed the customer about the late payment, the customer is allowed 14 days in which to fulfil the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed and the webshop has the right to charge reasonable extrajudicial costs of collection he has incurred. These costs of collection amount to, at the most: 15% of unpaid sums up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40. The webshop can make departures from these sums and percentages that are favorable to the customer.

 

Article 16 - Complaints procedure

  1. The webshop provides for a complaints procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints procedure.
  2. A customer who has discovered shortcomings in the implementation of a contract must submit any complaints to the webshop without delay, in full and with clear descriptions.
  3. A reply to complaints submitted to the webshop will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the webshop will reply within 14 days, confirming receipt and indicating when the customer can expect a more elaborate reply.
  4. The customer should give the webshop a time period of at least 4 weeks to solve the complaint in joint consultation. After this period of time, the complaint  becomes a dispute that is subject to the disputes settlement scheme.

 

Article 17 - Disputes

  1. Contracts entered into between a webshop and a customer and which are subject to these general terms and conditions are subject only to Dutch law.
BACK TO TOP