TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS - V3
THE GOLD XPERIENCE 01-03-2014
GENERAL TERMS AND CONDITIONS OF THE GOLD XPERIENCE
1. DEFINITIONS
In these General Terms and Conditions, "The Gold Xperience" means the company operated under the trade name "The Gold Xperience" and registered in the trade register of the Utrecht Chamber of Commerce under number 59991437.
The term `customer` means any person who enters into a contract with The Gold Xperience via "The Gold Xperience" website or in the physical store (see 3.2).
The term `order confirmation' means the order confirmation as defined in Article 3.2 of these Conditions.
`Article` shall mean the article or articles to be delivered by or through www.thegoldxperience.com or through www.thegoldxperience.shop within an agreed period of time by the conclusion of a contract between The Gold Xperience and the customer and for which a certain price is to be paid.
`Conditions` means these general terms and conditions. These conditions can be retrieved from the website: www.thegoldxperience.com. Administrator of this website is: C.R.B. Vogel. The structure of the website: www.thegoldxperience.com ensures that deposited terms and conditions can never be deleted, only new versions can be added.
2. APPLICABILITY
2.1 All offers, orders and contracts concluded through The Gold Xperience's websites to which The Gold Xperience is a party are subject to these Terms and Conditions to the exclusion of any other general terms and conditions. By entering into an agreement between the client and The Gold Xperience through the procedure described in article 3 of these Terms and Conditions, the client accepts these Terms and Conditions.
2.2 The provisions of these Terms and Conditions may be deviated from only with the written approval of The Gold Xperience, in which case the remaining provisions of these Terms and Conditions shall remain in full force and effect.
2.3 All rights and claims, as stipulated in these Terms and Conditions and in any further agreements for the benefit of The Gold Xperience, are equally stipulated for the benefit of intermediaries and other third parties engaged by The Gold Xperience.
2.4 The Gold Xperience has the right to modify these Terms and Conditions and the content of its website.
3. OFFERS/AGREEMENTS
3.1 All offers made on The Gold Xperience's website are non-binding until an order confirmation has been received. If The Gold Xperience is required to increase the purchase price of the item as a result of a statutory regulation or court ruling, the client will be notified immediately in writing (via letter or e-mail). The latter will in that case have the authority to dissolve the contract by notifying The Gold Xperience in writing (via letter or e-mail).
3.2 The contract between The Gold Xperience and the client is concluded at the moment after the latter:
* (a) through a checkbox on the website has agreed to the General Terms and Conditions;
* (b) placed an order on The Gold Xperience website by filling out the order form on the website completely and correctly;
* (c) has received confirmation from The Gold Xperience at his or her e-mail address that The Gold Xperience has received the order (the `order confirmation`). If The Gold Xperience cannot reasonably be expected to fulfill the contract, the order confirmation will not be sent. In this case, the contract will therefore not be concluded;
* (d) placed an order at The Gold Xperience's store and received a handwritten statement thereof with date and contact information for The Gold Xperience.
3.3 The order confirmation shall include at least the following information:
* (a) a description of the item purchased by the customer and the number of those items purchased;
* (b) the price of the item;
* (c) the name; the address to which the item(s) will be sent (not a P.O. Box), and the billing address (if other than home address and/or delivery address; also not a P.O. Box);
* (d) The email address and phone number of The Gold Xperience where the customer can contact with questions about his or her order.
3.4 The records of The Gold Xperience will serve as proof of orders placed and payments made by clients to The Gold Xperience and of deliveries made by The Gold Xperience, subject to proof to the contrary. The Gold Xperience acknowledges that electronic communication may serve as evidence. By accepting the Terms and Conditions, the client also acknowledges this.
4. PAYMENTS
4.1 Orders may be paid according to the methods offered by The Gold Xperience. The Gold Xperience reserves the right to change these methods, however, not in the middle of a delivery procedure.
4.2 If payment by bank transfer is chosen, The Gold Xperience reserves the right to cancel the order unilaterally if payment has not been received after seven working days. The item(s) ordered will then be made available again through the site(s).
4.3 No items will be delivered cash on delivery.
5. TRANSPORT AND TRANSPORTATION COSTS
5.1 All prices for the goods offered are in Euros and include sales tax (VAT) and other levies imposed by the government.
5. The Gold Xperience charges shipping costs. For deliveries by mail, €9.95 will be charged. The Gold Xperience reserves the right to change the conditions regarding shipping costs, but never on a current order.
5.3 The risk during transport of the item ordered by the client is for The Gold Xperience. At the time of delivery of the item, the risk of the item passes to the client, except for liabilities that cannot be legally excluded by The Gold Xperience.
6. DELIVERY TIME
6.1 The delivery time for the item will be a maximum of 30 business days after receipt of payment, or so much shorter as stipulated in the contract between the client and The Gold Xperience. The delivery times quoted by The Gold Xperience will not be considered as deadlines, unless expressly agreed otherwise.
6.2 If the agreed delivery period is exceeded by The Gold Xperience for any reason, The Gold Xperience will notify the client (by telephone, letter or e-mail). In that case, the client will have the right to dissolve the contract by notifying The Gold Xperience in writing (via letter or e-mail).
6.3 Payments made by the client in connection with the performance of the contract that is then dissolved by the client pursuant to Article 5.2 of these Terms and Conditions, The Gold Xperience shall refund to the client within 10 business days after receiving the statement referred to in Article 5.2.
7. RETURNS POLICY
7.1 After the client has received the item he or she ordered in the web shop, he or she has the authority to rescind the underlying contract with The Gold Xperience within 14 business days of receiving this item. He or she does not need to provide a reason for this. This does not apply to products commissioned for the client, according to the previously agreed design. Should the case arise that client is not satisfied with the jewelry, a new piece of jewelry may be selected by mutual agreement for the same amount as the original order, or the manufactured jewelry may be modified at the client's direction. This right does not apply to purchases in the physical store. If you do not like a piece of jewelry, another piece of jewelry can be selected or had made for the purchase price.
7.2 If the client wishes to dissolve the contract pursuant to article 7.1 of these terms and conditions, he or she must notify The Gold Xperience in writing (via e-mail or letter). He or she should then immediately return the product to The Gold Xperience. The customer will bear the cost and risk of the return shipment. If the customer returns an item in a manner not in accordance with the procedure specified by The Gold Xperience, he or she forfeits all rights to credit if the item is not returned or is damaged.
7.3 The payments made by the client at the time he or she has revoked the contract with The Gold Xperience pursuant to articles 7.1 and 7.2 of these terms and conditions, The Gold Xperience will issue a credit to the client within 14 days after The Gold Xperience has received the item returned by the client.
7.4 The Gold Xperience reserves the right to refuse returned items or to issue a credit for only a portion of the amount already paid when it is suspected that the item has already been opened, used or damaged through the fault of the customer (other than that of The Gold Xperience or the supplier of the product).
7.5 If an item is returned that, in the opinion of The Gold Xperience, has sustained damage attributable to an act or omission by the client or is otherwise at the client's risk, The Gold Xperience will notify the client in writing (via letter or email). The Gold Xperience has the right to deduct the decrease in value of the item due to such damage from the amount of the credit.
8. NOT GOOD, MONEY BACK
8.1 If within 30 days after the client receives the item, the item is found to be defective, the client has the option to request The Gold Xperience in writing (via letter or e-mail) or verbally to repair, replace or deliver the missing or defective part of the item.
8.2 If the client requests The Gold Xperience to repair, replace or deliver the missing or defective part of the item, he or she must return the item to The Gold Xperience. Within 5 days of receiving the return, The Gold Xperience will assess whether the item is repairable and notify the customer in writing. If so, The Gold Xperience will repair and return it to the customer within 20 business days of receipt. The costs of the return shipment, the replacement and/or repair of the item, and the return of the item to the client will be borne by The Gold Xperience, unless it is plausible that the absence of (part of) the item or the defect in the item is due to the client or is otherwise for the client's account and risk. In that case The Gold Xperience is not obliged to repair the defect to the article or to add the missing part to the article. The Gold Xperience will then return the item in the same condition in which it received the product from the customer. If the item is not repairable, and the reason is not in any way culpable to the customer, he or she can choose whether to receive it back or to have his or her money refunded. At that point, article 6.3 comes into effect
8.3 If the client dissolves the contract on the basis of article 7.1, he or she shall immediately return the item to The Gold Xperience, in the manner indicated by The Gold Xperience. The cost of return shipment will be borne by the customer. The purchase price of the item will be refunded to customer's account within 10 business days.
9. WARRANTIES
9.1 Products supplied by The Gold Xperience are covered by warranty as described in the warranty card provided.
10. COMPLAINTS
10.1 All complaints related to delivery, quality, quality of the item or any other complaint, will be taken seriously by The Gold Xperience.
10.2 The client should make a complaint known to The Gold Xperience (details are listed in Article 12 of these Terms and Conditions).
10.3 The Gold Xperience will attempt to resolve the complaint within 10 days. The Gold Xperience will notify the client in writing (via letter or e-mail).
11. PRIVACY
11.1 The personal data registered by The Gold Xperience will be used solely for the purpose of fulfilling the concluded contract. Only with prior consent may The Gold Xperience also use this data to make personally targeted offers to clients.
11.2 The personal data that are processed are all data that the customer enters in the order form when he or she orders or has ordered an item.
11.3 The Gold Xperience will not provide clients' personal data to third parties.
11.4 Clients may access their personal data at any time by submitting a written (by letter or e-mail) request to The Gold Xperience. The Gold Xperience will then provide him or her with an overview of the personal data present at The Gold Xperience within 4 weeks. If clients believe that their personal data should be corrected, supplemented, deleted or blocked because it is factually inaccurate, incomplete or irrelevant for the above-mentioned purpose, or processed in violation of a statutory provision, they should notify The Gold Xperience in writing (by letter or e-mail), stating that the personal data should be corrected, supplemented, deleted or blocked. If the client wishes his or her personal data to be improved and/or supplemented, he or she shall also indicate in the message the improvements/additions to that personal data. In all cases, The Gold Xperience will immediately follow the instructions, unless it is unable to do so. In that case, The Gold Xperience will remove the personal data from the file.
12. CUSTOMER SERVICE FROM THE GOLD XPERIENCE
All correspondence based on these Terms should be made to: The Gold Xperience, Laanstraat 89a, 3743BC Baarn, phone 06-51203400, e-mail: info@thegoldxperienc.com.
13. APPLICABLE LAW, MEDIATION AND DISPUTES.
13.1 All agreements concluded with The Gold Xperience shall be governed by Dutch law.
13.2 If a dispute arises between the client and The Gold Xperience as a result of a contract entered into between the client and The Gold Xperience, the client may request the Consumers' Association to mediate it, unless the nature of such dispute does not justify such mediation.
13.3 If a dispute cannot be settled amicably on the basis of article 12 or otherwise, the court in Amersfoort shall have jurisdiction to hear the dispute, unless the client notifies The Gold Xperience in writing (by letter or e-mail) within 4 weeks after the dispute has arisen that he/she objects. In that case the rules of the Code of Civil Procedure will apply.
