1. Applicability
1.1 These General Terms and Conditions apply to all agreements entered into with Handmade Charmbeads.
1.2 The General Terms and Conditions used by the Buyer are not applicable, unless expressly agreed upon in writing by Handmade Charmbeads.
1.3 “Buyer” shall mean any natural or legal person who is or will be in a contractual relationship of any kind with Handmade Charmbeads.
1.4 Handmade Charmbeads reserves the right to amend or supplement the General Terms and Conditions from time to time.
1.5 By purchasing a product or placing an order with Handmade Charmbeads, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated.
2. Quotations and Conclusion of Agreements
2.1 At the request of the potential Buyer, via the quotation request on the website or by other means, a personal quotation is made for the desired product and/or service. This is sent to the address specified by the potential Buyer.
2.2 Acceptance by the potential Buyer leads to the conclusion of an agreement in one of the following circumstances:
– the potential Buyer has expressly indicated that they wish to receive a particular product and/or service;
– the Buyer has indicated their agreement with the quotation and this agreement has been received by Handmade Charmbeads.
2.3 An agreement is concluded at the moment the Buyer has paid a minimum amount of € 15.00 as a deposit and this amount has been received by Handmade Charmbeads. Handmade Charmbeads may revoke this agreement if the Buyer does not or has not complied with the conditions. In that case, Handmade Charmbeads will notify the Buyer of this within ten (10) days of receipt of the order.
2.4 The Buyer and Handmade Charmbeads expressly agree that a valid agreement is concluded by using electronic forms of communication, as soon as the conditions in articles 2.2 and 2.3 have been met. In particular, the absence of an ordinary signature does not detract from the binding force of the offer and its acceptance. Handmade Charmbeads’ electronic files are presumed to be evidence, to the extent permitted by law.
2.5 Information, images, verbal communications, statements, etc., regarding all offers and the main characteristics of the products provided by telephone or email are given or made as accurately as possible. However, Handmade Charmbeads does not guarantee that all offers and products are fully consistent with the information provided. Deviations cannot in principle be the basis for compensation and/or dissolution.
2.6 Handmade Charmbeads does not archive agreements. The Buyer must take care of this themselves. Orders can be given in Dutch, Italian, or English.
3. Prices
3.1All prices are expressed in Euros, in accordance with the legal regulations, and are inclusive of value-added tax (VAT) and exclusive of shipping costs.
3.2 The Buyer is liable to pay the price that Handmade Charmbeads has communicated to them in its quotation in accordance with Article 2.1 of these terms and conditions. Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, can also be corrected by Handmade Charmbeads after the conclusion of the agreement.
4. Payment
4.1The amount of the deposit must be paid by the Buyer no later than 10 days after the Buyer has indicated their agreement with the quotation provided by Handmade Charmbeads.
4.2 Handmade Charmbeads will proceed to execute the agreement upon receipt of the deposit as stated in the quotation.
4.3 Handmade Charmbeads may change the payment options offered on its website from time to time.
4.4 If the Buyer fails to pay or fails to pay on time, interest of 1.44% per month will be charged on the outstanding amount from the date on which payment should have been made until the date of payment in full.
4.5 At the expense of the Buyer are also all (extra) judicial costs of any kind, which Handmade Charmbeads as a result of the failure of the Buyer to fulfill its (payment) obligations.
5. Delivery and delivery time
5.1 In principle, Handmade Charmbeads aims to deliver orders within 20 working days after receipt of payment. The goods are sent via track and trace.
5.2 Mentioned delivery times are only indicative, therefore no rights can be derived. Handmade Charmbeads may provide further information on delivery times on the website or otherwise in writing. Such information is only indicative.
5.3 Deliveries are made to the address given by the Buyer during the formation of the agreement. As soon as the products to be delivered have been delivered or picked up at the specified delivery address, the risk in respect of these products passes to the Buyer.
5.4 Different conditions may apply to deliveries abroad.
6. Exchanges and right of withdrawal
6.1 The Buyer is obliged to carefully inspect the products immediately after receipt and in case of defects to contact Handmade Charmbeads as soon as possible (at the latest within seven (7) days) Exchanges are only possible upon presentation of the original invoice. The buyer will receive a replacement product or his / her money back, at the discretion of Handmade Charmbeads and excluding shipping costs.
7. Retention of title
7.1 Ownership of products passes, notwithstanding the actual delivery, only to the Buyer after he has paid in full all that he owes under any agreement with Handmade Charmbeads, including payment of interest and costs, including earlier or later deliveries and any work done or to be done on the products.
7.2 The Buyer may not encumber, sell, resupply, dispose of or otherwise encumber the products before ownership has passed.
8. Warranty and liability
8.1 Unless otherwise agreed in writing, Handmade Charmbeads warrants that the order given to it has been carried out to the best of its ability under the application of sufficient care and craftsmanship.
8.2 Since the products of Handmade Charmbeads are all handmade, Handmade Charmbeads does not guarantee that each product is exactly the same as the photo on the website, the image or original artwork provided by the Buyer. Colors, designs and sizes of delivered products may differ from the photographs and specifications shown on the website, or provided by the Buyer.
8.3 Handmade Charmbeads is never obliged to pay any compensation to the Buyer or others, unless there is intent or gross negligence on its part. Handmade Charmbeads is not liable for consequential or trading loss, indirect damage and loss of profit or turnover. In particular, Handmade Charmbeads is not liable for damage incurred during transport or damage resulting from not receiving the product.
8.4 If for any reason Handmade Charmbeads is obliged to compensate any damage, such compensation shall never exceed an amount equal to the invoice value in respect of the product or service causing the damage.
8.5 Notwithstanding the provisions of this article, there can be no warranty if wear and tear can be considered normal.
8.6 The Buyer is obliged to indemnify Handmade Charmbeads against any claim that third parties in connection with the execution of the agreement could assert against Handmade Charmbeads, insofar as the law does not prevent that the relevant damage and costs should be borne by the Buyer.
8.7 It is possible that Handmade Charmbeads includes on its Internet site links to other websites that may be interesting or informative for the visitor. Such links are purely informational. Handmade Charmbeads is not responsible for the content of the Internet site referred to or the use that can be made.
9. Force Majeure
9.1 In case of force majeure, Handmade Charmbeads is not obliged to fulfill its obligations to the Buyer, respectively the obligation is suspended for the duration of the force majeure.
9.2 Force majeure means any circumstance beyond its control which prevents the fulfillment of its obligations to the Buyer in whole or in part. These circumstances include strikes, fires, business interruptions, energy disruptions, disruptions in a (telecommunications) network or connection or communication systems used and/or the unavailability of the Internet site at any time, non-delivery or late delivery by suppliers or other third parties called in and the absence of any permit to be obtained from the government.
10. Intellectual Property
10.1 Intellectual property rights mean patent, copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.
10.2 The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions relating to the products and / or the Internet site belong to Handmade Charmbeads, its suppliers or other claimants.
10.3 The Buyer is prohibited to use or modify the intellectual property rights as described in this article, such as reproduction without the express prior written consent of Handmade Charmbeads itself.
10.4 It is expressly prohibited to sell or reproduce the products manufactured by Handmade Charmbeads under another name.
10.5 On the products signed by Handmade Charmbeads, the intellectual property right lies with Handmade Charmbeads, and even after the sale, the image remains its intellectual property.
11. Portrait and copyrights.
11.1 For all images and photographs sent by mail or e-mail to Handmade Charmbeads to be reproduced, the Buyer is responsible for any portrait and copyrights.
11.2 The Buyer may use the works/products drawn or painted for him/her only for his/her own use (home or office). It is not permitted to use the works/products for commercial purposes without written permission from Handmade Charmbeads.
11.3 Handmade Charmbeads is at all times authorized to refuse orders for copying and or repainting photographs or images.
12. Personal Data
12.1 Handmade Charmbeads will only process the Buyer’s data in accordance with its privacy policy.