TERMS AND CONDITIONS

1. Definitions

1.1 Le Veer: Le Veer jewelry. VOF, established in (5652 EH) Eindhoven at the address Zeelsterstraat 205a, Chamber of Commerce: 72411007, VAT identification number: NL859101435B01, (info@leveer.nl)

1.2 Consumer-customer: the natural person, not acting in the exercise of a profession or business to whom goods are delivered or sold by Le Veer, and his representative(s), authorized representative(s), legal successors and/or heirs.

1.3 Customer: the natural person and/or legal person, acting in the exercise of a profession or business to whom goods are delivered or sold and/or services are provided by Le Veer, and his representative(s), authorized representative(s), legal successors and/or heirs.

1.4 Agreement: the agreement concluded between Le Veer and the Consumer-Buyer and/or the Customer with regard to the sale or delivery of goods and/or the provision of services to which these general terms and conditions apply.

PART I

Unless otherwise stated, the provisions of this PART I of these general terms and conditions apply to Agreements with Customers as well as to Agreements with Consumer Customers.

2. General

2.1 These general terms and conditions apply to all offers, quotations, legal relationships and agreements of and/or with Le Veer.

2.2 By placing an order, the Consumer-Customer and/or Customer indicates that they agree with the general terms and conditions.

2.3 All offers and/or quotations from Le Veer are without obligation, unless Le Veer expressly states otherwise in writing.

2.4 All images, specifications and/or data in Le Veer’s offers and/or quotations are indicative and cannot give rise to compensation or dissolution of the Agreement.

2.5 Offers and/or quotations from Le Veer do not automatically apply to repeat orders.

2.6 Le Veer reserves the right to correct obvious mistakes and/or clerical errors in offers and/or quotations. No liability is accepted for the consequences of errors. Le Veer cannot be held to its offer if the Consumer-Buyer and/or Customer should have understood that the offer and/or quotation, or a part thereof, contained an obvious mistake or error.

2.7 Deviations from and additions to these general terms and conditions are only valid if they have been expressly agreed in writing.

2.8 Any additional (oral) agreements and/or commitments made subsequently by or on behalf of Le Veer are only binding if expressly confirmed in writing by Le Veer.

2.9 Application of any conditions used by the Consumer-Customer and/or the Purchaser is hereby expressly rejected.

2.10 If any provision of these general terms and conditions is void or nullified, the other provisions of these general terms and conditions will remain in full force and effect.

2.11 If the Consumer-Customer and/or Customer consists of more than one (legal) person, each of these (legal) persons is jointly and severally liable towards Le Veer for the obligations arising from the Agreement.

2.12 Le Veer has the right to change and/or supplement these general terms and conditions.

2.13 Without Le Veer’s written consent, the Consumer-Customer and/or Customer is not entitled to transfer any right or obligation under the Agreement to third parties.

3. Conclusion of Agreement

3.1 Subject to the provisions of articles 3.3 and 3.4 of these general terms and conditions, the Agreement is concluded by written confirmation by Le Veer of the acceptance of the offer by the Consumer-Buyer and/or Customer.

3.2 If the Consumer-Customer and/or Customer has accepted Le Veer’s offer electronically, Le Veer electronically confirms the acceptance of the offer by the Consumer-Customer and/or Customer.

3.3 Le Veer reserves the right to refuse the conclusion of the Agreement within a period of 5 working days after receipt of the acceptance by the Consumer-Customer and/or Customer without stating reasons, or to accept it only under the condition that the shipment is made cash on delivery or after payment in advance.

3.4 If the conclusion of the Agreement on the basis of Article 3.3 of these general terms and conditions is refused by Le Veer, the Consumer-Customer and/or Customer cannot claim compensation.

3.5 Should Le Veer exercise its rights under article 3.3 of these general terms and conditions while the order has already been paid, Le Veer will attempt to refund the payment via the payment method used by the Consumer-Customer and/or Customer. If this is not possible, Le Veer will contact the Consumer-Customer and/or Customer in order to refund the payment via another method.

3.6 Le Veer is entitled to perform the Agreement in different phases.

3.7 Every Agreement is entered into under the resolutive condition of sufficient availability of the relevant items.

4. Prices

4.1 All prices quoted are in Euro and include VAT.

4.2 All prices quoted are exclusive of packaging, shipping or delivery costs, unless otherwise agreed in writing.

4.3 Prices will not be increased within the term of the offer, unless legal measures make this necessary or the manufacturer or supplier implements interim price increases.

5. Payment

5.1 Le Veer is entitled to invoice immediately after the Agreement with the Consumer-Customer and/or Customer has been concluded.

5.2 Payment of (online) invoices takes place within 14 days of the invoice date in a manner indicated by Le Veer and on the payment conditions indicated by Le Veer.

5.3 In the event of non (timely) payment by the Consumer-Customer and/or Customer, Le Veer has the right to dissolve the Agreement. In that case, the Consumer-Customer and/or Customer cannot claim compensation.

5.4 The Customer is not entitled to set off or suspend payment.

6. Delivery

6.1 Le Veer will deliver the purchased goods or services after the full invoice amount as well as the additional (shipping) costs have been paid to Le Veer by the Consumer-Customer and/or Customer, unless otherwise agreed.

6.2 The place of delivery is the address that the Consumer-Customer and/or Customer has made known to Le Veer.

6.3 The delivery times as stated in the offers or on the Le Veer website are indicative. No rights can therefore be derived from the aforementioned periods. Le Veer will execute accepted Agreements with a Consumer-Customer expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the Consumer-Customer will be notified of this no later than 30 days after placing the order. In that case, the Consumer-Customer has the right to dissolve the Agreement without costs.

6.4 Le Veer offers the option to choose between insured shipment via PostNL with track and trace code or non-insured shipment via PostNL letterbox post with stamps. If a non-insured shipment is chosen, Le Veer is not liable for loss of the package. If insured shipping is chosen, Le Veer is liable for solving the problem.

6.5 The risk of damage and/or loss of goods rests with Le Veer until the moment of delivery to the Consumer-Customer or his/her pre-designated representative who has been notified to Le Veer, unless expressly agreed otherwise.

6.6 If the Agreement has been concluded with a Buyer, delivery will take place ex warehouse. From the moment of delivery, the risk of damage and/or loss of goods rests with the Customer.

7. Warranty and Complaints

7.1 The Consumer-Customer and/or Customer is obliged to inspect the delivered goods or have them examined at the time of delivery or delivery. If it appears that the delivered item is wrong, defective or incomplete, then the Consumer-Customer and/or Customer (before proceeding to return it to Le Veer) must immediately report these defects in writing to Le Veer. Any defects or incorrectly delivered goods must and can be reported to Le Veer in writing no later than 7 days after delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. Putting into use after the discovery of a defect, damage caused by the discovery of a defect, encumbrance and/or resale after the discovery of a defect, makes this right to complain and return completely null and void.

7.2 If the Agreement has been concluded with a Customer, any visible defects must be reported in writing to Le Veer within 3 working days after delivery, on pain of forfeiture of rights.

7.3 Le Veer’s warranty scheme and term corresponds to the manufacturer’s warranty term of the delivered goods. However, Le Veer is never responsible for the ultimate suitability of the delivered goods for each individual application by the Consumer-Customer and/or Customer, nor for any advice regarding the use or application of the delivered goods.

7.4 If complaints from the Consumer-Customer and/or Customer are found to be well-founded by Le Veer, Le Veer will, at its discretion, either replace the goods delivered free of charge or make a written settlement with the Consumer-Customer and/or Customer regarding compensation, with on the understanding that the amount of compensation is always limited to a maximum of the invoice amount of the goods concerned. However, Le Veer is in all cases only liable within the limits of the provisions of Article 11 of these general terms and conditions.

7.5 The warranty in article 7.4 lapses if:

a) The Consumer-Customer and/or Customer has repaired and/or processed the delivered goods themselves or has had them repaired and/or processed by third parties;

b) The delivered goods have been exposed to abnormal conditions or otherwise carelessly treated or contrary to the instructions of Le Veer (see material and care) and/or have been treated on the packaging or labels;

c) The defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.

8. Returns

8.1 Return of delivered goods takes place at the expense and risk of the Consumer-Buyer and/or Purchaser and is only permitted after written permission from Le Veer under the conditions to be set by it.

8.2 Fully or partially processed items, damaged items and packaged items, of which the packaging is missing, can never be returned.

9. Retention of title

9.1 All goods delivered to the Consumer-Customer and/or Customer remain the property of Le Veer until all amounts owed by the Consumer-Customer and/or Customer for the goods delivered under the Agreement, as well as all amounts due to any shortcomings in the payment obligations. , have been fully satisfied with Le Veer.

9.2 As long as the ownership of the delivered goods has not passed to the Consumer-Customer and/or the Purchaser, the latter may not pledge the goods, transfer ownership or grant any other right thereto to third parties.

9.3 The Customer is permitted to sell and deliver the goods delivered subject to retention of title to third parties in the course of its normal business. The customer is obliged to keep the goods delivered subject to retention of title separately with due care and as recognizable property of Le Veer.

9.4 If the Customer fails to comply with the provisions of Article 9.3 of these general terms and conditions, it is assumed that the items present, of the kind delivered by Le Veer, belong to Le Veer.

9.5 The Consumer-Customer and/or Customer is obliged to insure the delivered goods for the duration of the retention of title against fire and explosion risks, water damage and theft, the insurance policy of which can be requested and inspected by Le Veer on first request.

10. Force Majeure

10.1 In the event of force majeure, Le Veer is authorized to suspend the fulfillment of its obligation under the Agreement or part thereof and the Consumer-Customer and/or Customer cannot claim fulfillment or compensation.

10.2 Force majeure is understood to mean any foreign cause, as well as any circumstance, which should not reasonably be at its risk. Delay or non-performance by our suppliers, Internet failures, electricity failures, e-mail failures and failures or changes in technology provided by third parties, transportation difficulties, strikes, government action, delays in supply, negligence of suppliers and/ or manufacturers of Le Veer as well as auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly regarded as force majeure situations.

10.3 In the event of force majeure, Le Veer reserves the right to suspend its obligations and is also entitled to dissolve the Agreement in whole or in part, or to demand that the content of the Agreement be amended in such a way that execution remains possible. Under no circumstances is Le Veer obliged to pay any fine or compensation.

10.4 If Le Veer has already partially fulfilled its obligations at the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or the part that can be delivered separately and the customer is obliged to pay this invoice as if it were it a separate Agreement. However, this does not apply if the part already delivered or to be delivered has no independent value.

11. Liability

11.1 The liability of Le Veer – as well as its representatives/agents, employees and third parties engaged by Le Veer – is always limited to the amount that is paid out in the relevant case under the applicable liability insurance of Le Veer, increased by the amount of the deductible which is for the account of Le Veer in accordance with the applicable policy conditions. If, for whatever reason, no payment should be made under the aforementioned insurance, any liability on the part of Le Veer is always limited to the amount paid by the Consumer-Purchaser and/or the Purchaser with regard to the Agreement, or the part thereof, in connection with which the liability has arisen, has been paid to Le Veer, up to a maximum of EUR 1,000.

11.2 Le Veer is never liable for indirect damage, including but not limited to consequential damage (to persons or things), trading loss, loss of profit or income, lost savings and/or damage due to business interruption.

12. Limitation/Expiration Periods

12.1 If the Agreement has been concluded with a Customer, the limitation period for all claims and defenses of the Customer against Le Veer, contrary to the statutory limitation periods, is 3 months from the moment such claims and defenses arise. If the agreement has been concluded with a Consumer-Customer, the aforementioned limitation period is 13 months.

13. Data Management

13.1 If a Consumer-Customer and/or Customer places an order with Le Veer, his/her (personal) data will be included in Le Veer’s customer database. Le Veer adheres to the Personal Data Protection Act (Wbp) and does not provide personal data to third parties.

13.2 Le Veer respects the privacy of the users of the internet site and ensures that personal data is treated confidentially.

13.3 Le Veer uses a mailing list in some cases. Each mailing contains instructions to be removed from this list.

14. Applicable Law and Disputes

14.1 Dutch law applies to all Agreements to which these general terms and conditions apply in whole or in part. The applicability of the United Nations Convention on Contracts for the International Sale of Goods of 1980 (Vienna Sales Convention/CISG) is expressly excluded.

14.2 All disputes related to or arising from this Agreement will be submitted to the competent court in Amsterdam, unless Le Veer prefers to submit the difference to the competent court in the place of residence of the Consumer-Customer and/or Customer.

PART II

The provisions of this PART II of these general terms and conditions only apply to Agreements with Consumers and apply in addition to the provisions of PART I of these general terms and conditions. In the event of any incompatibility of any provision of this PART II with any provision of PART I, the relevant provision of PART II shall prevail.

15. Right of withdrawal

15.1 In the event that a Consumer-Customer has purchased a good or a service from Le Veer via the internet, telephone or mail order, the following applies.

Upon delivery of products

15.2 When purchasing products, the Consumer-Customer has the option to dissolve the Agreement without stating reasons during 14 days. This reflection period starts on the day after receipt of the item by the Consumer-Customer or a representative designated in advance by the Consumer-Customer and who has been notified to Le Veer.

15.3 During the reflection period, the Consumer-Customer will handle the item and the packaging with care. It will only unpack or use the item to the extent necessary to assess whether it wishes to keep the item. If it exercises its right of withdrawal, it will return the item with all accessories supplied and – if reasonably possible – in the original condition and packaging to Le Veer, in accordance with the reasonable instructions provided by Le Veer.

15.4 If the Consumer-Customer wishes to make use of its right of withdrawal, it is obliged to inform Le Veer of this within 14 days of receipt of the item. The Consumer-Customer must make this known by registering the return by e-mail. After the Consumer-Customer has made it known that it wishes to make use of its right of withdrawal, it must return the item within 14 days. The Consumer-Customer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

15.5 If, after expiry of the withdrawal period of 14 days, the Consumer-Customer has not indicated that it wishes to make use of its right of withdrawal or has not returned the item to Le Veer, the purchase is irreversible.

15.6 The Consumer-Customer is liable for depreciation of the good if the handling thereof goes beyond what is necessary to determine the nature, characteristics and functioning.

When providing services

15.7 When providing services, the Consumer-Customer has the option to dissolve the Agreement without stating reasons during 14 days, commencing on the day of entering into the Agreement. This is no longer free of charge in the last 96 hours before delivery.

15.8 In order to make use of its right of withdrawal, the Consumer-Customer will follow the reasonable instructions provided by Le Veer with the offer and/or at the latest at the time of delivery.

Costs in case of withdrawal

15.9 If the Consumer-Customer makes use of its right of withdrawal, at most the costs of return will be borne in full, both for purchase and for services.

15.10 If the Consumer-Customer has paid an amount, Le Veer will refund this amount as soon as possible, but at the latest within 14 days after cancellation. This is subject to the condition that the case has already been received by Le Veer.

15.11 Le Veer excludes the Consumer-Customer’s right of withdrawal for goods and services as described in paragraphs 1 and 2.

15.10.1: Products:

a) that have been created by Le Veer in accordance with the Consumer-Customer’s specifications;

b) which are clearly personal in nature;

c) which by their nature cannot be returned;

d) that can age quickly;

e) whose price fluctuates without Le Veer having any influence on this;

f) for audio and video recordings and computer software of which the Consumer-Customer has broken the seal.

g) for hygienic products of which the Consumer-Customer has broken the seal.

15.10.2: Services:

a) such as rental of holiday accommodation, transport of goods, car rental, leisure services, to be performed on a specified date or during a specified period;

b) the delivery of which has started with the express consent of the Consumer-Customer before the cooling-off period of 14 days has expired;

c) regarding betting and lotteries.