TERMS AND CONDITIONS

 

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
4. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time;
5. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the reflection period;
7. Day: calendar day;
8. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
9. Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Article 2 - Identity of the entrepreneur

Crazy Diamond
Van Hogendorpsingel 4
2991 GJ Barendrecht
The Netherlands
Phone: 00 31 (0)652855127
E-mail: info@crazy-diamond.nl
Chamber of Commerce: 27241130
VAT: NL001838848B96

 

Article 3 - Applicability

1. These general terms and conditions apply to every offer by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner 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 inspected electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
4. In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly and in case of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular

a) the price including taxes;

b) the possible costs of delivery

c) the way in which the agreement will be concluded and which actions are necessary for this;

d) whether or not the right of withdrawal is applicable;

e) the method of payment, delivery or performance of the agreement;

f) the period for accepting the offer, or the period for adhering to the price;

g) the level of the rate of distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;

h) if the agreement is archived after conclusion, in what way it can be consulted by the consumer;

i) the manner in which the consumer can become aware of acts not wanted by him before the conclusion of the agreement, as well as the manner in which he can rectify these acts before the agreement is concluded;

j) any languages other than Dutch in which the contract can be concluded;

k) the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and

l) the minimum duration of the distance contract in case of a contract for continuous or periodical delivery of products or services.

Article 5 - The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the conditions thereby stipulated.
2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
4. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
5. The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
   a) the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
   b) the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
   c) the information on existing after-sales services and guarantees;
   d) the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the implementation of the agreement
   e) the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.

Article 6a - Right of withdrawal on delivery of products

1. When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for a period of fourteen days. This period starts the day after receipt of the product by or on behalf of the consumer. You have another fourteen days after cancellation to return the product.
2. During this period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the trader with all delivered accessories and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

Article 6b - Right of withdrawal on delivery of services

1. When services are supplied, the consumer has the possibility of dissolving the contract, without giving reasons, during a period of fourteen days, starting on the day of entering into the contract.
2. To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the trader in the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

1. If the consumer makes use of his right of withdrawal, only the costs of return shipment shall be at his expense.
2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after the return or withdrawal.

Article 8 - Exclusion of the right of withdrawal

1. If the consumer does not have a right of withdrawal, this can only be excluded by the trader if the trader clearly stated this in the offer, at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products:
   a) that have been created by the entrepreneur in accordance with the consumer's specifications;
   b) which are clearly personal in nature;
   c) which cannot be returned due to their nature;
   d) which spoil or age quickly;
   e) whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence;
   f) for individual newspapers and magazines;
   g) for audio and video recordings and computer software of which the consumer has broken the seal. 
3. Exclusion of the right of withdrawal is only possible for services:
   a) concerning accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;
   b) the delivery of which commenced with the consumer's express consent before the cooling-off period had expired;
   c) concerning betting and lotteries.

Article 9 - The price

1. During the validity period mentioned in the offer, the prices of the products and/or services on offer will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and on which the Entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated them and:
   a) they are the result of legal regulations or stipulations; or
   b) the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT where applicable.

 

Article 10 - Compliance and Warranty

1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded.
2. An arrangement offered as a guarantee by the trader, manufacturer or importer does not affect the rights and claims that the consumer can enforce against the trader on the basis of the law and/or the remote agreement with regard to a shortcoming in the trader's obligations.

 

Article 11 - Delivery and execution

1. The company will take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with convenient speed but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest one month after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to possible damages.
4. In case of dissolution in accordance with the previous paragraph, the trader will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.

 

Article 12 - Long term transactions

1. The consumer may terminate a contract entered into for an indefinite period of time at any time subject to agreed termination rules and a maximum notice period of one month.
2. An agreement entered into for a definite period of time has a maximum term of two years. If it has been agreed that, in the event of the consumer's silence, the distance contract will be extended, the contract will be continued as an open-ended contract and the notice period after continuation of the contract will not exceed one month.

 

Article 13 - Payment

1. As far as no later date has been agreed, the amounts owed by the consumer should be paid within fourteen days after delivery of the goods or, in case of an agreement to provide a service, within 14 days after delivery of the documents relating to this agreement.
2. When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
4. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.

 

Article 14 - Complaints procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
4. We recommend that you first make complaints known to us by emailing info@crazy-diamond.nl. If this does not lead to a solution, from 15 February 2016 it is also possible for consumers in the EU to file complaints via the European Commission's ODR platform. This ODR platform can be found at http://ec.europa.eu/odr . If your complaint is not already being processed elsewhere, you are free to file your complaint via the European Union platform.

 

Article 15 - Additional or different provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

 

Article 16 - Personal data.

Crazy Diamond will only process the Buyer's data in accordance with its privacy policy. Crazy Diamond thereby complies with the applicable privacy regulations and legislation.

Article 17 - Applicable law and competent court.

All offers by Crazy Diamond and its agreements and the performance thereof are governed exclusively by Dutch law. Applicability of the Vienna Sales Convention is expressly excluded.

Article 18 - Links

The DIZQ site may contain third-party advertisements or links to other sites. Crazy Diamond has no influence on the privacy policy of these third parties or their sites and is not responsible for them.

Article 19 - Your rights

You can always ask Crazy Diamond what data are processed about you. To this end, you can send an e-mail. You can also ask Crazy Diamond by e-mail to make improvements, additions or other corrections, which Crazy Diamond will process as soon as possible. If you no longer wish to receive information, you can notify Crazy Diamond accordingly. Sending information will only happen if you have provided your e-mail address for this purpose.

Article 20 - Supplementary or deviating provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

 

Annex I: Model withdrawal form

Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract)

To:
Crazy Diamond
Van Hogendorpsingel 4
2991 GJ Barendrecht

 

I/We* hereby inform you that I/We* withdraw from my/our* contract of sale of the following products: [product designation]* revoke/revoke*

Ordered on*/received on* [date of order in the case of services or receipt in the case of products]

[Name of consumer(s)]
5. [Address of consumer(s)]
3. [Signature of consumer(s)] (only if this form is submitted on paper)

 

 

 

 

* Delete what does not apply or fill in what is applicable.