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Terms and Conditions
of Sale

Last updated: 16 September 2019.

TERMS AND CONDITIONS OF SALE

The following General Terms and Conditions of Sale govern the offer and sale of products on our web site (“vangelderjewellery.com”). The products purchased on vangelderjewellery.com are directly sold by Van Gelder Indian Jewellery, Nachtegaalslaantje 1, 5211 LE ‘s-Hertogenbosch in the Netherlands, Chamber of Commerce no. 16048636 (hereinafter referred to as “the Vendor” or “We” or “Us”). Requests for information should be made through our Customer Care: concierge@vangelderjewellery.com. For additional legal information go to the Customer Care Area. There you can find information on orders, shipments, refunds and returning products purchased on vangelderjewellery.com, and our privacy policy.

 

  1. Our Business Policy

1.1 The Vendor offers products for sale on vangelderjewellery.com and its e-commerce business services are available exclusively to its end users, i.e. the “Consumers”.

1.2 “Consumer” shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, please do not buy any products on vangelderjewellery.com.

1.3 The Vendor reserves the right not to process orders received from users who are not “Consumers” and any other order which does not comply with the Vendor’s business policy.

1.4 These General Terms and Conditions of Sale exclusively regulate the offer, transmission and acceptance of purchase orders relating to products on vangelderjewellery.com between the users of vangelderjewellery.com and the Vendor.

  1. How to Execute a Contract with the Vendor

2.1 In order to place an order for the purchase of one or more products on vangelderjewellery.com, you must fill out the online order form and send it electronically to the Vendor, following the relevant instructions.

2.2 The order form contains a summary of these General Terms and Conditions of Sale, information on the main characteristics of each product ordered and corresponding unit price (including all applicable fees and taxes), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and delivery costs and the terms and conditions for returning purchased products.

2.3 An order shall be deemed to have been submitted when the Vendor receives your order form electronically and the order’s information has been verified as correct.

2.4 Before submitting your order form for the purchase of products, you will be asked to carefully read the General Terms and Conditions of Sale, to print a copy using the print option and to save or reproduce a copy thereof for your own personal use.

2.5 The order form will be filed in our data base for the time required to process your order and as provided by law. You may access your order form by clicking on the section called Orders in the My Account Area.

2.6 Before submitting the order form, you will be asked to identify and correct possible input errors.

2.7 English is the language used for executing contracts with Vendor.

2.8 After your order form has been submitted, the Vendor will process your order.

2.9 The Vendor may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by email that the contract has not been executed and that the Vendor has not carried out your purchase order specifying the reasons thereof. If the products displayed on vangelderjewellery.com are no longer available at the time of your last access and once the Vendor has received your order form, the Vendor shall inform you of the unavailability of the ordered products within thirty (30) days from the day after Vendor received your order. If the order form has been sent and the price has been paid for items that are no longer available, the Vendor will refund the amount paid for those items.

2.10 By submitting an order form to and making a contract with the Vendor, you unconditionally accept and undertake to observe the provisions of these General Terms and Conditions of Sale. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products on vangelderjewellery.com.

2.11 By submitting an order form, you agree and accept these General Terms and Conditions of Sale as well as further conditions contained on vangelderjewellery.com, even through links, including the General Terms and Conditions of Use and Privacy Policy.

2.12 Upon submission of an order form, the Vendor shall send you a purchase order receipt email, containing a summary of the information related to the order form (General Terms and Conditions of Sale, the products’ main characteristics, detailed information on the price, terms of payment, return policy and shipping costs). Please note as well that due to fluctuations in exchange rates and merchandise components the Vendor will not be able to provide you in advance with information on the amount of duties and taxes that may be owed to local authorities. These amounts should be considered above and beyond the total of the order. 

  1. Guarantees and Product Price Indication

3.1 On vangelderjewellery.com, we only offer products marked with the “Van Gelder Indian Jewellery” trademark. These products are developed by Van Gelder Indian Jewellery.

3.2 The main characteristics of products are shown on vangelderjewellery.com on each product page. The products offered for sale on vangelderjewellery.com may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.

3.3 Prices are subject to change. Check the final price of sale before sending the relevant order form.

3.4 Purchase orders from Countries not included among those displayed on the splash page cannot be accepted by the Vendor.

3.5 Should you decide to exercise your right to return purchased products, the Vendor has the right to not accept returned products that have been altered from their original status or damaged.

  1. Payments

4.1 Payment of the product prices and relevant shipping costs must be made by using one of the procedures indicated on the order form.

4.2 In case of payment by Credit/Debit Card, all details (for example, card number or expiration date) will be sent by encrypted protocol to ING Bank or other banks which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by the Vendor except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the corresponding shipping costs, as indicated in the order form, will be charged to your current account only when the purchased products are actually shipped. 

  1. Shipping and Delivery of the Products

For specific product shipping and delivery procedures see the Customer Care area. Please read these sections carefully. The information provided in these sections forms an integral part of these General Terms and Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent.

  1. Customer Care

Please contact our Customer Care for further information: concierge@vangelderjewellery.com.

  1. Returns 

7.1 You may return products purchased from Us, without any penalty and without specifying the reason, within fifteen (15) days from receiving the products purchased on vangelderjewellery.com.

7.2 To withdraw from the contract you may use Return Form (per the standard form pursuant to Art. 49, subsection 4 of the Consumer Code), filling out the form and send it to concierge@vangelderjewellery.com, or you may draft and send the Vendor another declaration explicitly stating your decision to withdraw from the contract.

7.3 Once you have exercised your right to withdraw from the contract, it is necessary to return the items to the Vendor by giving them back to the courier within fourteen (14) days from the date on which you informed the Vendor of your decision to withdraw from the contract.

7.4 The only costs at your own expense are those for return shipping, unless the Vendor expressly exempt you from those costs at the time of purchase, and on the further condition that you use the shipping agent indicated by the Vendor in the Return Form.

7.5 Return shipments need to have a return number. After receiving your withdraw form we will provide you with a return number as reference. Without a return number we can not process your return.

7.6 The return right – besides compliance with the terms and procedures described at par. 7.1, 7.2 and 7.3 above – shall be deemed correctly exercised once the following conditions have been fully met:

a return form send by email toconcierge@vangelderjewellery.comor another declaration explicitly stating your decision to withdraw from the contract must be correctly completed and signed and sent to the Vendor within fifteen (14) days from receiving the products;
b. the products must not be used, worn or washed;
c. the identification tag should be included with the products;
d. products must be returned in their original packaging;
e. returned products must be delivered to the shipping agent within fourteen (14) days from when you have informed the Vendor of your decision to withdraw from the contract;
f. products must not be damaged.

If the terms and conditions for exercising your right to withdraw from the contract, as per points a), e) and f) of paragraph 7.6 above, are not complied with, you will not have the right to be reimbursed the amounts already paid to the Vendor. Within fourteen (14) days from the email communicating the non-acceptance of the withdrawal being sent, you may choose to re-obtain, at your own expense, the products in the state in which they were returned to the Vendor, through a written exchange with the Vendor according to the instructions that will be provided. If not, the Vendor may keep the products, in addition to the sum already paid for their acquisition.

Whenever the conditions indicated in letters b), c) and d) of previous paragraph 7.6 are not respected, you will not be entitled to a full refund of the amounts already paid to the Vendor. You will indeed be responsible for the decrease in value of the returned products, following a use other than the one authorized by the Vendor with the intent of allowing you to assess the nature, features and functioning of the products themselves. In this case, between 10 and 100 percent of the amounts you paid to the Vendor to purchase the returned products will be deducted from the provided refund, whereby you will be specifically informed, via email, by the Vendor. Within fourteen (14) days from sending the email informing you of the amount deducted from the refund, you may choose to have the products redelivered to you, at your expense, and in the condition in which they were returned to the Vendor, informing the Vendor thereof according to the procedures of which you will be advised. Otherwise, the Vendor may retain the products and an amount corresponding to the percent deducted from the refund. After the return of the products, the Vendor shall check their compliance with the terms and conditions laid down in paragraph 7. In the event that the outcome of these checks is positive, the Vendor shall send you the corresponding email confirmation of the acceptance of the returned products. In the event that the checks do not have a positive outcome, the Vendor takes steps to inform you, via email, that a decrease in value of the returned products has been detected, deriving from your failure to comply with the conditions indicated in letters b), c) and d) of paragraph 7.6 above. The Vendor simultaneously sees to it that you are also informed of the amount that will be deducted from the amounts you paid to purchase the returned products; without prejudice, in the alternative, to the possibility of your having the products redelivered to you, at your expense, and in the condition in which they were returned to the Vendor, pursuant to the terms provided for in paragraph 7.9.

7.7 If the return right is exercised in conformity with the provisions set forth in this section, vangelderjewellery.com shall refund the amounts paid for the returned products according to the methods and times of our standard refund procedure. If the recipient of the products indicated in the order form and the person that has paid the sums due for their acquisition are not the same, the reimbursement of the sums, in the event of the right of withdrawal being exercised, shall be made by the Vendor, in all cases, to the person that made the payment.

7.8 The refund procedure will be initiated by vangelderjewellery.com within fourteen (14) days from when vangelderjewellery.com was informed of your decision to return. The procedure will begin after checking to ensure that the customer’s return is in accordance with the Return Policy and that the returned products have been accepted as indicated in par. 7.

7.9  Should the terms and conditions for exercising your right of withdrawal, as indicated in letters a), e) and f) of paragraph 7 above not be respected, you will not be entitled to any refund of sums already paid to the Vendor. Within fourteen (14) days from sending the email whereby you are informed of the non-acceptance of the return, you may opt to be redelivered the products, at your expense, and in the condition in which they were returned to the Vendor, providing notice thereof to said Vendor, according to the procedures of which you will be informed. Otherwise, the Vendor may retain the products, in addition to the amounts already paid for their purchase.

Should the terms and conditions indicated in letters b), c) and d) of previous paragraph 7.6 not be respected, you will not be entitled to a full refund of the amounts already paid to the Vendor. You will in fact be responsible for the decrease in value of the products returned, as a result of a use other than the one authorized by the Vendor with the intent of allowing you to assess the nature, features and functioning of the products themselves. In this case, between 10 and 100 percent of the amounts you paid to the Vendor to purchase the returned products will be deducted from the refund, of which you will be specifically informed, via email, by the Vendor. Within fourteen (14) days from sending the email informing you of the amount deducted from the refund, you may opt to be redelivered, at your expense, the products in the condition in which they were returned to the Vendor, providing notice thereof to the Vendor, according to the methods of which you will be informed. Otherwise, the Vendor may retain the products and an amount which corresponds to the percent deducted from the refund.

  1. Refund Times and Procedures

8.1 After the products have been returned, We shall check the conformity of the products with the conditions indicated in section 7 above. When the Vendor is able to confirm that such conditions have been met, We shall send you an email confirming the acceptance of the returned products. In the event that the checks do not have a positive outcome, the Vendor will take measures to inform you, via email, that a decrease in value of the returned products has been detected, which derives from your failure to comply with the conditions indicated in letters b), c) and d) of paragraph 7.3 above. The Vendor simultaneously sees to it that you are also informed of the amount that will be deducted from the amounts you paid to purchase the returned products; without prejudice, in the alternative, to your being able to have the products redelivered to you, at your expense, and in the condition in which they were returned to the Vendor, as provided for in paragraph 7.9 above.

8.2 Whatever payment type you used, the full or partial refund procedure shall be started by the Vendor within fourteen (14) days from when the Vendor was informed of your decision to exercise your return right, after checking that the return right has been correctly exercised and that the returned products have been accepted.

8.3 The Vendor issues the refund using the same payment method you used to purchase the returned products, unless you have expressly agreed with the Vendor to use another payment method, and on the condition that you must not incur any further cost as a result of the refund. If the recipient of the products indicated in the order form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by the Vendor to the individual who made the payment.

8.4 The value date for the credit shall be the same as the value date of the original debit and consequently you shall not lose bank interest.

8.5 The Vendor has chosen FedEx as the Vendor’s official package delivery company for returning products purchased on vangelderjewellery.com.

8.6 If you decide to return products using a different shipping company other than the one indicated by the Vendor, you will have to pay the return shipping costs upfront and you will be responsible for any loss or damage to the products during transit, according to the terms and procedures stated in our Return Policy.

  1. Privacy

9.1 You will find information on how we process your personal data by clicking on Privacy Policy

9.2 You are advised to read, if you haven’t already done so, our General Terms and Conditions of Use which also contain important information on how we process the personal data of our users and on the security systems of vangelderjewellery.com.

9.3 For further information on our Privacy Policy you can contact our Customer Care by email: concierge@vangelderjewellery.com.

10. Governing Law

These General Terms and Conditions of Sale are governed by Dutch law.

Please note that the European Commission provides a platform for alternative extra-judicial resolution of disputes, available on the website http://ec.europa.eu/odr

11. Amendments and updates
The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on vangelderjewellery.com.

12. Pricing

Prices displayed on the vangelderjewellery.com website are quoted in Euro. While we try to ensure that all prices on our website are accurate, errors may occur.