Terms & Conditions

Version April 1, 2020

Piú Colore designs, creates, composes and manufactures all jewels in her own workshop.

Piú Colore works preferably with pure and natural materials as a result of which the color, size, weight, texture, quality, etc. of each part can derogate. It makes each item unique and small

differences versus the product pictures are therefore possible.

CONTENTS

 

Article  1 – Definitions

Article  2 – The Entrepreneur’s identity

Article  3 – Applicability

Article  4 – The offer

Article  5 – The contract

Article  6 – Right of withdrawal

Article  7 – Withdrawal and costs

Article  8 – Exclusion of the right of withdrawal

Article  9 – The price

Article 10 – Compliance and guarantee

Article 11 – Delivery and execution

Article 12 – Payment

Article 13 – Customs and Duties (Outside E.U.)

Article 14 – Complaints procedure extension

Article 15 – Disputes

Article 16 – Additional provisions or derogations

Article 1 - Definitions

 

In these Terms and Conditions, the following terms shall have the following meanings:

 

  1. Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur;

  2. Reflection period: the period during which the Consumer may use his right of withdrawal;

  3. Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;

  4. Day: calendar day;

  5. Digital content: data produced and delivered in digital form;

  6. Continuing performance contract: a contract serving to deliver goods and/or services in a given period;

  7. Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.

  8. Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;

  9. Entrepreneur: the natural or legal person who provides products and or services to Consumers at a distance;

  10. Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organized system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;

  11. Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.

 

 

Article 2 – The Entrepreneur’s identity

 

NederSur

Piú Colore is an added trade name of NederSur

 

Address:          Watertorhof 3

                        2492 RM Den Haag

                        The Netherlands

 

Telephone:      0031 6 1539 1008

E-mail:             info@piucolore.com

 

Dutch Chamber of Commerce number:   5063 4399

Dutch VAT identification number:           NL 2236 58005 B01

 

Article 3 – Applicability

 

  1. These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.

  2. You can review the most current version of the Terms and Conditions at any time at this page.

  3. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website.

  4. It is your responsibility to check our website periodically for changes.

  5. Your continued use of or access to our website or every order following the posting of any changes to these Terms and Conditions will be considered as an acceptance of the Terms and Conditions by the Consumer.

  6. These Terms and Conditions are an integral part of the agreement.

  7. If the distance contract is concluded electronically, the text of these General Terms and Conditions may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier.

  8. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer ́s request free of charge, either via electronic means or otherwise.

Article 4 – The offer

 

  1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.

  2. The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable the Consumer to assess the products or services adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.

  3. All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.

This concerns in particular:

  • the price, including taxes (VAT);

  • any costs of delivery;

  • the way in which the contract shall be concluded and which actions this will require;

  • whether or not applying of the right of withdrawal;

  • the method of payment, delivery or performance of the contract;

  • the deadline for accepting the offer, or the period for adhering to the price;

  • the level of the rate for distance communication, if the cost of using the means of distance communication are calculated on a basis other than the basic fee for;

  • whether the agreement is filed subsequent to its conclusion, and if so how the consumer to consult it;

Article 5 – The contract

 

  1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the Terms and Conditions set.

  2. If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.

  3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.

  4. The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfill his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.

  5. Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:

  6. the visiting address of the Entrepreneur ́s business establishment where the Consumer may get into contact with any complaints;

  7. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;

  8. the information corresponding to existing after-sales services and guarantees;

  9. the price including all taxes of the product or service, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;

  10. the requirements for canceling the contract if the contract has a duration of more than one year or for an indefinite period of time.

  11. In case of a continuing performance contract, the stipulation in this paragraph only applies to the first delivery.

 

Article 6 – Right of withdrawal

 

  1. The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of 14 days. This reflection period starts the day after the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier.

  2. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.

  3. If the Consumer exercises his right of withdrawal he shall notify the Entrepreneur unambiguously within the period of reflection of 14 days.

  4. If the Consumer exercises his right of withdrawal he shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.

  5. The Consumer shall return the product or deliver it to the Entrepreneur within 14 days counting from the day following the notification referred to in sub-clause 3. This need not be done if the entrepreneur offered to collect the product himself. The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.

 

Article 7 – Withdrawal and costs

  1. If the Consumer exercises his right of withdrawal he shall bear the direct costs of returning the product.

  2. The Entrepreneur shall reimburse the concerning payments made by the Consumer within 30 days following the day of arrival of the returned products or on which the Consumer notified him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he can wait with paying back until having received the product or until the Consumer proved that he returned the product, whichever occurs first.

 

Article 8 – Exclusion of the right of withdrawal

 

  1. The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement:

  2. Products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person;

  3. Products that are clearly personal in nature, for example commissioned made products;

 

 

Article 9 – The price

  1. The prices of the products and services are indicated in Euros, VAT inclusive and exclude possible delivery costs, transportation expenses and/or any other taxes or other duties, unless mentioned otherwise or agreed upon in writing.

  2. The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.

  3. Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.

  4. Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and

  5. they are the result of legal regulations or stipulations, or

  6. the Consumer has the authority to cancel the contract before the day on which the price increase starts

 

Article 10 – Performance of an agreement and Guarantee

 

  1. The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.

  2. A guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfillment of the Entrepreneur's obligations if the Entrepreneur has failed in the fulfillment of his part of the agreement.

 

Article 11 – Delivery and execution

 

  1. The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.

  2. The place of delivery is at the address given by the Consumer to the Entrepreneur.

  3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge.

  4. After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.

  5. The risk of loss and/or damage to products will be borne by the Consumer, unless explicitly agreed otherwise.

 

Article 12 – Payment

 

  1. Payment can be made by one of the methods as indicated during the ordering process.

  2. At the time of acceptance of the agreement, the Consumer agrees to full payment in advance.

  3. Unless otherwise stipulated in the agreement or in the additional conditions, the Consumer may not assert any right regarding the execution of the order in question or the service(s) in question before the agreed payment in advance is final and received by the Entrepreneur

  4. The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.

 

 

Article 13 - Customs and Duties (Outside E.U.)

 

  1. Consumers outside the European Union are regarded by local tax authorities as importers and are obliged to know about the local customs formalities. The Consumer is obliged to pay possible taxes and/or import duties (customs, duties, taxes and/or other costs).

  2. Any taxes or duties payable in the destination countries are not recoverable from the Entrepreneur, even if the product is returned to the Entrepreneur.

 

Article 14 – Complaints procedure

 

  1. Complaints about the performance of the contract shall be submitted fully and clearly described to the Entrepreneur within a reasonable time after the Consumer discovered the defects

  2. The complaints submitted to the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint require a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply

  3. If the complaint cannot be solved in joint consultation within a reasonable time or within 3 months after submitting the complaint, there will be a dispute that is open to the dispute settlement rules.

 

Article 15 – Disputes

 

Contracts between the Entrepreneur and the Consumer to which these General Terms and Conditions apply are exclusively governed by Dutch law.

 

 

Article 16 – Additional provisions or derogations

 

  1. Additional provisions of and/or derogations from these General Terms and Conditions should not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.

  2. Occasionally there may be information on our site or in the Terms and Conditions that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Terms and Conditions or on any related website is inaccurate at any time without prior notice (including after submitted your order).

  3. We undertake no obligation to update, amend or clarify information in the Terms and Conditions or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Terms and Conditions or on any related website should be taken to indicate that all information in the Terms and Conditions or on any related website has been modified or updated.