Terms of Jewel Gems, established in Rotterdam.
Version valid as of November 2011

1. General
1.1 These general conditions apply to all offers of Jewel Gems. The conditions are accessible to everyone and, are included on the website of Jewel Gems. Upon request we will send you a written copy.
1.2 By placing an order you agree with the delivery and payment agreement (see 2.2). If the product is not delivered within 1 month Jewel Gems reserves the right to change her terms of delivery and payment.
1.3 Unless otherwise agreed, the general or specific terms or conditions of any third party is not authorized by Jewel Gems.
1.4 Jewel Gems guarantees that the product meets the contract and meets the specifications stated in the offer.

2. Delivery
2.1 Delivery takes place while stocks last.
2.2 Under the rules of distance selling Jewel Gems will handle orders within 30 days. If this is not possible (because the order is out of stock or no longer available), or there is any other reason for delay, or an order can not be, or only partially be, executed, the consumer will be notified within one month after placing the order. In that case he/she has the right to cancel the order without penalty.
2.3 Once the product has been initially delivered to the customer, the
obligation of Jewel Gems is fulfilled. Should the delivery company fail to
deliver because the customer is not in, any arrangement for an alternative
delivery date is the customer’s responsibility. Jewel Gems will have
discharged its responsibility even if the costumer refuses the product at point
of delivery.
2.4 All time limits on the website are approximate. The time limits are therefore not legally binding.
2.5 Jewel Gems is not liable for damages, costs or losses suffered by the customer or by third parties resulting from the non or late delivery of products.

3. Prices
3.1 Prices will not increase within the duration of the offer, unless legal action is necessary or if the supplier increases it’s prices in the interim.
3.2 All prices on this site is subject to misprints. For the consequences of misprints no liability is accepted.
3.3 All prices on the site include 19% VAT.

4. Viewing period / right of cancellation
4.1 If there is a consumer purchase, under the Act on Distance selling (Article 7:5 DCC), the buyer has the right to return all or part of the goods within a period of 7 working days without giving any reason. This period begins when the ordered goods are delivered. If the customer after this period did not return the goods to Jewel Gems, the sale is a fact. The customer is obliged, before proceeding to return accordingly within the period of 7 working days after delivery to give written notice to Jewel Gems. The customer must prove that the delivered goods are sent back in time, for example through a proof of mail delivery. Return of Goods must be in original packaging (including accessories and documentation) and in new condition. If the goods are used, encumbered or otherwise corrupted, the right to terminate under this paragraph expires. With regard to what is stipulated in the preceding sentence, shall Jewel Gems will ensure that within 30 days after reception of the return, the full purchase price excluding the shipping costs charged to the customer will be refunded. The return of the delivered goods is the  responsibility and risk of the buyer.
4.2 The right of withdrawal does not apply to:
• When work has begun (with the consent of the customer), within the period of
7 working days, costs already made will be charged to the customer
• goods or services whose price depends on fluctuations in the financial market, which the supplier has no influence
• goods made to the consumer's specifications, for example, custom made goods, or goods with a clearly personal nature

5. Data management
5.1 If you place an order with Jewel Gems, your data will be included in the customer base of Jewel Gems. Jewel Gems abides by the Data Protection Act and will not provide your information to third parties. See our Privacy Policy.
5.2 Jewel Gems respects the privacy of the users of the website and ensures confidentiality of your personal information.
5.3 Jewel Gems will sometimes use a mailing list. Each mailing includes instructions for removing yourself from this list.

6. Warranty
6.1 Jewel Gems guarantees that the delivered products meet the requirements of usability, reliability and durability as parties to the contract are reasonably intended.
6.2 Jewel Gems is not responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
6.3 The customer is obliged to verify delivered goods immediately upon receipt . Should the delivered item be wrong, inadequate or incomplete, the customer must (before proceeding to return to Jewel Gems) report these defects immediately in writing to Jewel Gems. Return of Goods must be in original packaging (including accessories and documentation) and in new condition.Any use (eg wearing of product) after detection of fault or damage
occurring after detection of fault or change of mind and / or selling after
detection of fault, does cancel the right to claim and return completely.
6.4 If Jewel Gems accepts that there are grounds for complaint, Jewel Gems will replace the goods at no charge, or come to a written agreement with the customer. This is with the understanding that the liability of Jewel Gems and therefore the amount of compensation is limited to a maximum amount of the invoice relating to the goods, or (at the option of Jewel Gems) to the maximum amount of the liability insurance of Jewel Gems covered for each case. Any liability of Jewel Gems for any other form of damage is excluded, including additional compensation in any form, compensation for indirect or consequential damages or damages for lost profits.
6.5 Jewel Gems is not liable for damages caused by intent or equivalent recklessness.
6.6 This warranty does not apply if: A) the purchaser is in default against Jewel Gems. B) the customer has repaired the delivered goods themselves and / or let any third party repair or change the goods. C) the delivered goods have been exposed to abnormal conditions or otherwise carelessly handled, D) were defective in whole or in part to the result of regulations that the government has made or will make regarding the nature or quality of materials used;

7. Offers
7.1 Offers are not binding, unless otherwise stated in the offer.
7.2 Upon acceptance of an offer by the buyer, Jewel Gems reserves the right to revoke or to change the offer within three working days of receipt of such acceptance.
7.3 Verbal agreements bind Jewel Gems only after an explicit and written acknowledgement.
7.4 Offers of Jewel Gems do not automatically apply to repeat orders.
7.5 Jewel Gems can not be held to its offer if the customer should have understood that the offer or any part thereof, was an obvious misprint or error.
7.6 Additions, modifications and / or further agreements are only valid if agreed in writing.

8. Agreement
8.1 An agreement between Jewel Gems and a customer is established when the order feasibility is assessed by Jewel Gems .
8.2 Jewel Gems reserves the right, without giving any reason, not to accept orders or contracts or only to accept the condition that the shipment takes COD or advance payment.

9. Images and specifications
9.1 All illustrations, photographs, drawings, etc.: eg data concerning weight, dimensions, colours, graphics, labels, etc. on the website of Jewel Gems are approximate only, are indicative and can not lead to damages or termination of the contract .

10. Circumstances beyond one’s control (Force majeure)
10.1 Jewel Gems is not liable if and when she can not be fulfilled due to force majeure.
10.2 Force majeure comprehends any strange reason, and any circumstance, which she can not reasonably be held responsible. Delay or failure by our suppliers, disruptions in the Internet, disruptions in the electricity failures in e-mail traffic and disturbances or changes in any third party technology, transport problems, strikes, government measures, supply delay, negligence of suppliers and / or manufacturers of Jewel Gems or from employees, employee sickness, defects in help or shipment tools count explicitly as force majeure.
10.3 Jewel Gems reserves in case of force majeure, the right to suspend its obligations and is entitled to dissolve the contract in whole or in part, or to claim that the content of the agreement is amended so execution remains possible. Under no circumstances shall Jewel Gems be obliged to pay any penalty or damages.
10.4 If Jewel Gems at the time the force majeure already partially fulfilled its obligations, or only can partially fulfilled its obligations, Jewel Gems is entitled to invoice the already delivered or the deliverable part separately. The customer is obliged to pay this invoice as if it were a separate contract.

11. Liability
11.1 Jewel Gems is not liable for damage caused by improper use of the products. Before use, read the instructions on the packaging and / or visit our website.

12. Ownership
12.1 Ownership of all Jewel Gems sold and delivered goods to the customer continues to be Jewel Gems, while the customer's has not fulfilled all the obligations of the contract with Jewel Gems, including claims in respect of penalties, interest and costs, all as provided Article 3:92 BW.
12.2 The by Jewel Gems delivered goods, under retention of this title may only be part of normal business activities and must never be used as currency.
12.3 The customer is not entitled to pledge or otherwise encumber the, under this title falling, goods
12.4 The customers are given unconditional and irrevocable consent to Jewel Gems or the to Jewel Gems appoint third, in all cases where Jewel's Gems property to exercise, all those places and locations where its property is then located and doing business there with you.
12.5 If third parties seize goods delivered which are not officially owned by the customer yet, the customer is obliged to inform Jewel Gems as soon as reasonably may be expected.
12.6 In the case of exhibition or consignment of goods, the customer is obliged to insure and keep insured goods under retention of this title, against fire, explosion, water damage and theft. The customer is required to give the policy of this insurance to Jewel Gems on first request.

13. Applicable law / jurisdiction
13.1 All agreements are subject to Dutch law.
13.2 Disputes arising from an agreement between Jewel Gems and buyer, which can not be resolved, will be noted by the competent court within the district of Rotterdam, unless Jewel Gems prefer the dispute to the competent court of the domicile of the buyer. With the exception of disputes that fall under the jurisdiction of a magistrate.

14. Rights
14.1 The by Jewel Gems produced or provided designs, photographs, calculations, descriptions, models and other relevant and delivered performance, remain the intellectual property of Jewel Gems, regardless of whether costs have been charged. Reproduction or disclosure of that business or property without prior permission of Jewel Gems is prohibited.

15. Conditions reviews and ratings:

15.1 If you want you can write a review about a product. Jewel Gems reserves the right to not post or to remove the review . The following terms are effective;

The review / assessment:
Should be about the content of the product,
Must not be illegal, obscene, threatening, ill speaking or blasphemous,
Should not be offensive or objectionable,
Should not be threatening,
Must not contain any political or commercial messages,
Must not contain personal data of third parties and may not, in any way, violate the rights of third parties (including intellectual property and privacy rights),
Can not contain any hyperlinks or references to other (similar) sites,
Should not be used for advertising purposes and / or spam,

Failure to follow the terms, attempted fraud, hacking (to the server of Jewel Gems) and other things that are not legally permitted could result in legal action against those who does not meet these requirements.

COPYRIGHT © 2011
The complete contents of this website is copyrighted and may not be used or duplicated, without prior written permission of Jewel Gems.