General Terms and Conditions of Sale

Article 1 – Definitions

The following definitions apply in these terms and conditions:

Withdrawal period: the period during which the consumer may exercise the right of withdrawal from the contract;

Consumer: a natural person who does not perform a profession or business activity and who concludes a distance contract with an entrepreneur;

Day: calendar day;

Duration of the transaction: a distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which extends over a certain period;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in such a way that it is accessible for future reference and unchanged reproduction of the stored information;

Right of withdrawal: the possibility for the consumer to withdraw from a distance contract within the withdrawal period;

Entrepreneur: a natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded within a system organized by the entrepreneur for the sale of products or services at a distance, whereby one or more means of distance communication are used exclusively for concluding the contract;

Means of distance communication: means by which a contract can be concluded without the simultaneous physical presence of the consumer and entrepreneur in the same room;

General terms and conditions: these general terms and conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Company name: Claudia Jewerly

Address: 75 S 43rd St, San Diego, CA 92113, United States

Company number: 77857161

Email: info@claudiasjewels.com

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before concluding a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract that the general terms and conditions may be consulted at the entrepreneur’s premises and will be sent free of charge as soon as possible upon request of the consumer.

If the distance contract is concluded electronically, the text of these general terms and conditions may, as an exception to the previous paragraph, be made available electronically in a readable format to the consumer before the conclusion of the distance contract and can simply be saved on a durable medium. If this is not reasonably possible, it will be indicated before the conclusion of the distance contract where the general terms and conditions can be consulted electronically and that they will be sent electronically or otherwise free of charge upon request of the consumer.

If in addition to these general terms and conditions specific terms apply to the product or service, paragraphs 2 and 3 apply accordingly. In case of conflicting general terms, the consumer may always rely on the provision most favorable to him/her.

If one or more provisions of these general terms and conditions are at any time wholly or partially invalid or declared invalid, the remaining part of the agreement and these general terms and conditions remain in effect. The invalid provision will be replaced by a provision as close as possible to the original.

Matters not regulated in these general terms and conditions must be assessed “in the spirit” of these general terms and conditions.

Any ambiguities in the interpretation or content of one or more provisions of our general terms and conditions must be interpreted “in the sense” of these general terms and conditions.

Article 4 – Offer

If an offer is valid for a limited period or subject to conditions, this will be expressly stated in the offer.

The offer may be changed. The entrepreneur is authorized to change and adjust the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a good assessment of the offer. If the entrepreneur uses images, they represent a truthful representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All photos and specifications in the offer are indicative and cannot lead to compensation or annulment of the agreement.

Product photos are a true representation of the offered products. The entrepreneur cannot guarantee that the colors shown correspond exactly to the actual colors of the products.

Each offer contains information to clarify the rights and obligations for the consumer upon acceptance of the offer. This concerns, in particular:

  • the price, excluding customs clearance costs and import sales tax. These additional costs are borne by the customer and at his/her risk. Postal and/or courier services use special rules for postal and courier services concerning import. This regulation applies if goods are imported into the destination country in the EU, as is the case here. Postal and/or courier service collects VAT (together with invoiced customs clearance costs, if applicable) from the recipient of the goods;

  • any shipping costs;

  • the manner in which the contract is concluded and which means are required for this;

  • whether the right of withdrawal applies;

  • the method of payment, delivery, and execution of the contract;

  • the period for acceptance of the offer or the period in which the entrepreneur guarantees the price;

  • the amount of the fee for distance communication if costs for using the means of distance communication are calculated differently than the basic rate for the used communication means;

  • whether the contract is archived after conclusion and, if so, how the consumer can consult it;

  • how the consumer can check and, if necessary, correct data provided before concluding the contract;

  • any other languages in which the contract may be concluded, other than Dutch;

  • codes of conduct to which the entrepreneur subscribes and how the consumer can consult these electronically; and

  • the minimum duration of the distance contract for long-term transactions.

Optionally: available sizes, colors, types of materials.

Article 5 – Contract

The contract is concluded, subject to paragraph 4, at the moment the consumer accepts the offer and meets the specified conditions.

If the consumer accepted the offer electronically, the entrepreneur will immediately confirm acceptance electronically. Until the entrepreneur confirms receipt of this acceptance, the consumer may withdraw from the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure electronic data transmission and provide a secure internet environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may, within legal limits, inquire whether the consumer can fulfill payment obligations, as well as all facts and factors relevant for responsible conclusion of the distance contract. If based on this inquiry the entrepreneur has reasonable grounds not to conclude the contract, he/she has the right to refuse acceptance or to attach special conditions to the execution.

The entrepreneur provides the consumer with the following information along with the product or service, in writing or in a way accessible to the consumer on a durable medium:

  • the entrepreneur’s business address where complaints may be lodged;

  • the conditions and manner in which the consumer may exercise the right of withdrawal or a clear statement about the exclusion of the right of withdrawal;

  • information about guarantees and existing after-sales service;

  • information as stated in article 4 paragraph 3 of these terms, unless already provided before conclusion;

  • withdrawal conditions if the contract lasts longer than a year or is indefinite.

For long-term transactions, the previous paragraph applies only to the first delivery.

Each contract is concluded subject to the condition of sufficient availability of the product data.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the right to withdraw from the contract without giving reasons within 14 days. This withdrawal period starts the day after the consumer or a representative designated in advance receives the product.

During the reflection period, the consumer will handle the product and packaging with care. The consumer may only unpack or use the product to the extent necessary to assess whether to keep it. If the consumer exercises the right of withdrawal, he/she will return the product with all accessories and, if possible, in the original condition and packaging, following reasonable and clear instructions from the entrepreneur.

If the consumer wants to exercise the right of withdrawal, he/she must notify the entrepreneur within 14 days of receiving the product. Notification must be in writing or by email. After indicating the desire to withdraw, the consumer must return the product within 14 days. The consumer must prove that the returned goods were sent in time, e.g., by showing proof of shipment.

If the deadlines in paragraphs 2 and 3 have passed without the consumer notifying the entrepreneur or returning the product, the purchase is considered final.

Article 7 – Costs in case of withdrawal

If the consumer exercises the right of withdrawal, the consumer bears the costs of returning the products.

If the consumer paid an amount, the entrepreneur will refund it as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has been returned or proof of return is provided.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for certain products or services, if expressly indicated in the offer, at least in time before concluding the contract.

Exclusion of the right of withdrawal is possible for products:

  • made to the consumer’s specifications;

  • clearly personal in nature;

  • which cannot be returned due to their nature;

  • which can spoil or age quickly;

  • whose price is subject to financial market fluctuations beyond the entrepreneur’s control;

  • single newspapers and magazines;

  • audio, video recordings, and software if opened by the consumer;

  • hygienic products if the seal has been broken by the consumer.

Exclusion is possible for services related to:

  • accommodation, transport, catering, or leisure activities to be performed on a specific date or period;

  • services whose delivery started with explicit consumer consent before the withdrawal period expired;

  • bets and lotteries.

Article 9 – Price

During the validity period of the offer, prices will not be increased except due to changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices subject to financial market fluctuations beyond his control. This responsibility and the indicative