Terms and Conditions

Terms and Conditions The Montana Jewelry

Definitions

The Montana Jewelry: The Montana Jewelry, established at Beukenwede 76 , 2993TH, Barendrecht, under Chamber of Commerce no. 77621700 & btw nr. 003215282B60

• Customer: the person with whom The Montana Jewelry has entered into an agreement.
• Parties: The Montana Jewelry and customer together.
• Consumer: a customer who is also an individual and who acts as a private person.

 

Applicability of general terms and conditions

• These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of The Montana Jewelry.
• Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
• The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

 

Prices

• All prices charged by The Montana Jewelry are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
• All prices that The Montana Jewelry charges for its products or services, on its website or that are otherwise made known, can be changed by The Montana Jewelry at any time.
• Increases in the cost prices of products or parts thereof, which The Montana Jewelry could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
• The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

 

Samples/Models 

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

 

Consequences of not paying on time

• If the customer does not pay within the agreed term, The Montana Jewelry is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.
• If the customer is in default, he also owes extrajudicial collection costs and any compensation to The Montana Jewelry.
• The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
• If the customer does not pay on time, The Montana Jewelry may suspend its obligations until the customer has fulfilled its payment obligation.
  In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, The Montana Jewelry’s claims against the customer are immediately due and payable.
• If the customer refuses to cooperate with the execution of the agreement by The Montana Jewelry, he is still obliged to pay the agreed price to The Montana Jewelry.

 

Right of advertising

• As soon as the customer is in default, The Montana Jewelry is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
• The Montana Jewelry invokes the right of advertising by means of a written or electronic communication.
• As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to The Montana Jewelry, unless the parties agree otherwise.
• The costs for the return or return of the products will be borne by the customer.

 

Right of withdrawal 

A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:

• the product has not been used
• it is not a product that can spoil quickly, such as food or flowers
• it is not a product that has been tailor-made or modified especially for the consumer
• it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
• the seal is still intact if it concerns data carriers with digital content (DVDs, CDs, etc.)
• the product is not a travel, transport ticket, catering assignment or form of leisure activity
• the product is not a loose magazine or newspaper
• it is not an (order for) emergency repair
• the consumer has not waived his right of withdrawal

The reflection period of 14 days as referred to in paragraph 1 starts:

• on the day after the consumer has received the last product or part of 1 order
• as soon as the consumer sees the first product
• received with a subscription
• as soon as the consumer has purchased a service for the first time
• as soon as the consumer has confirmed that he will purchase digital content via the internet

The consumer can make his appeal to the right of withdrawal known via info@montanajewelry.nl.
The consumer is obliged to return the product to The Montana Jewelry within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.
The costs for return are only borne by The Montana Jewelry if the entire order is returned.
If the purchase costs and any other costs (such as shipping and return costs) are eligible for a refund according to the law, The Montana Jewelry will refund these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to The Montana Jewelry in a timely manner.

 

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

 

Right of retention

The Montana Jewelry can invoke its right of retention and in that case keep the customer’s products in its possession until the customer has paid all outstanding invoices with regard to The Montana Jewelry, unless the customer has provided sufficient security for those costs.
The right of retention also applies on the basis of previous agreements from which the customer still owes payments to The Montana Jewelry.
The Montana Jewelry is never liable for any damage that the customer may suffer as a result of using its right of retention.

 

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt owed to The Montana Jewelry against a claim against The Montana Jewelry.

 

Retention of title

The Montana Jewelry remains the owner of all delivered products until the customer has fully complied with all his payment obligations with regard to The Montana Jewelry on the basis of any agreement concluded with The Montana Jewelry, including claims for failure to perform.
Until then, The Montana Jewelry can invoke its retention of title and take back the items.
Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If The Montana Jewelry invokes its retention of title, the agreement will be deemed dissolved and The Montana Jewelry will be entitled to claim compensation, lost profit and interest.

 

Delivery

Delivery takes place while stocks last.
Delivery takes place at The Montana Jewelry, unless the parties have agreed otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed amounts are not paid or not paid on time, The Montana Jewelry has the right to suspend its obligations until the agreed part has been paid.
In the event of late payment, there is a default of creditors, with the result that the customer cannot object to The Montana Jewelry for a late delivery.

 

Delivery time

The delivery times specified by The Montana Jewelry are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
The delivery time starts when the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from The Montana Jewelry.
Exceeding the specified delivery time does not entitle the customer to compensation, nor the right to dissolve the agreement, unless The Montana Jewelry cannot deliver within 14 days after receiving a written demand to do so or the parties have agreed otherwise.

 

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

 

 

Transportation costs

Transport costs are for the account of the customer, unless the parties have agreed otherwise.

 

Packing and Shipping

• If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which The Montana Jewelry cannot be held liable for possible damage.
• If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to The Montana Jewelry prior to transport, failing which The Montana Jewelry cannot be held liable for any damage.

 

Storage 

• If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
• Any additional costs as a result of early or late purchase of products will be fully borne by the customer.

 

Guarantee

• The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
• The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
• The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when they are legally and/or actually delivered, at least come under the control of the customer or of a third party who takes delivery of the product on behalf of the customer.

 

Exchange

Exchange is only possible if the following conditions are met:
exchange takes place within 14 days after purchase against presentation of the original invoice
the product is returned in its original packaging or with the original (price) tags still attached
the product has not yet been used
Discounted items, non-perishable items such as foodstuffs, custom-made items or items specially adapted for the customer cannot be exchanged.

 

Disclaimer

The customer indemnifies The Montana Jewelry against all claims from third parties related to the products and/or services supplied by The Montana Jewelry.

 

 

Complaints

The customer must examine a product or service provided by The Montana Jewelry as soon as possible for any shortcomings.
If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform The Montana Jewelry of this as soon as possible, consumers must inform The Montana Jewelry of this within 2 months after discovery of the shortcomings.
The customer provides as detailed a description as possible of the shortcoming, so that The Montana Jewelry is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this can in any case not lead to The Montana Jewelry being obliged to perform other work than has been agreed.

 

Notice of default

The customer must notify The Montana Jewelry of any notice of default in writing.
It is the customer’s responsibility that a notice of default actually reaches The Montana Jewelry (on time).

Joint and several liability customer

If The Montana Jewelry enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to The Montana Jewelry under that agreement.

 

Liability

The Montana Jewelry

The Montana Jewelry is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
If The Montana Jewelry is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
The Montana Jewelry is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
If The Montana Jewelry is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount. to which the liability relates.
All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation. 

 

Expiration period

Any right of the customer to compensation from The Montana Jewelry expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code. 

 

Right to dissolution

The customer has the right to dissolve the agreement if The Montana Jewelry imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
If the fulfillment of the obligations by The Montana Jewelry is not permanently or temporarily impossible, dissolution can only take place after The Montana Jewelry is in default.
The Montana Jewelry has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill its obligations under the agreement, or if The Montana Jewelry has taken cognizance of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill its obligations. 

 

Force of the majority

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by The Montana Jewelry in the fulfillment of any obligation with regard to the customer cannot be attributed to The Montana Jewelry in a situation independent of The Montana Jewelry’s will. , as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected of The Montana Jewelry.
The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a force majeure situation occurs as a result of which The Montana Jewelry cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until The Montana Jewelry can meet them again.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
The Montana Jewelry does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation. 

 

Amendment of the agreement

If after the conclusion of the agreement it appears necessary for its implementation to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.

 

Change of terms and conditions

The Montana Jewelry is entitled to change or supplement these general terms and conditions.
Minor changes can be made at any time.
The Montana Jewelry will discuss major substantive changes with the customer in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

 

Transfer of rights

Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of The Montana Jewelry.
This provision applies as a stipulation with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.

 

Consequences of nullity or voidability

If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
In that case, a provision that is null or voidable will be replaced by a provision that comes closest to what The Montana Jewelry had in mind when drafting the conditions on that point.

 

Applicable law and competent court

Only Dutch law applies to every agreement between the parties.
The Dutch court in the district where The Montana Jewelry is located / has its practice / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

 

Prepared on May 21, 2022