Terms and Conditions

Terms and conditions based on the model terms and conditions of WebwinkelKeur.

Table of Contents

Article 1 - Definitions

Article 2 - Identity of the Entrepreneur

Article 3 - Applicability

Article 4 - The Offer

Article 5 - The Agreement

Article 6 - Right of Withdrawal

Article 7 - Costs in Case of Withdrawal

Article 8 - Exclusion of the Right of Withdrawal

Article 9 - The Price

Article 10 - Conformity and Warranty

Article 11 - Delivery and Execution

Article 12 - Payment

Article 13 - Complaints Procedure

Article 14 - Disputes

Article 15 - Additional or Deviating Provisions

 

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off Period: the period within which the consumer can exercise their right of withdrawal; read more about the cooling-off period.
2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
3. Day: calendar day.
4. Duration Transaction: a distance agreement concerning a series of products and/or services, where the delivery and/or consumption obligations are spread over time.
5. Durable Medium: any medium that enables the consumer or entrepreneur to store information that is personally addressed to them, in a way that allows for future reference and unchanged reproduction of the stored information.
6. Right of Withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period.
7. Model Withdrawal Form: the model form for withdrawal provided by the entrepreneur, which a consumer can fill out if they wish to exercise their right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers.
9. Distance Contract: a contract concluded within a distance sales system organized by the entrepreneur for the sale of products and/or services, where, up to and including the conclusion of the contract, only one or more distance communication techniques are used.
10. Distance Communication Technique: a means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same location.
11. General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

 

Article 2 - Identity of the Entrepreneur

SoulGems
12593 Moncofa, Spain
T +34 603495723
E info@soulgems.eu
Company Registration Number
VAT Number ESY9449310G

 

Article 3 - Applicability

1. 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.
2. Before the distance contract is concluded, 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 distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s location and that they will be sent to the consumer free of charge upon request as soon as possible.
3. If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph, be made available to the consumer electronically in such a way that it can be stored by the consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon request.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in case of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are wholly or partially void or declared void at any time, the remaining provisions of the agreement and these terms will remain in effect, and the relevant provision will be promptly replaced through mutual consultation with a provision that closely approximates the intent of the original as much as possible.
6. Situations not covered by these general terms and conditions shall be assessed in the spirit of these general terms and conditions.
7. Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be explained in the spirit of these general terms and conditions.

 

 

Article 4 - The Offer

 

• If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
• The offer is non-binding. The entrepreneur is entitled to modify 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 enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
• All images, specifications, and data in the offer are indicative and cannot be the basis for compensation or dissolution of the agreement.
• Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
• Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. This includes in particular:
  • The price including taxes;
  • Any shipping costs;
  • The method by which the agreement will be concluded and the actions required for that purpose;
  • Whether the right of withdrawal applies or not;
  • The method of payment, delivery, and execution of the agreement;
  • The period within which the offer can be accepted, or the period within which the entrepreneur guarantees the price;
  • The amount of the fee for remote communication if the costs of using the remote communication technique are charged on a basis other than the regular basic rate for the communication method used;
  • Whether the agreement will be archived after conclusion, and if so, how the consumer can access it;
  • How the consumer can check and, if desired, correct the data provided by them in the context of the agreement before concluding the agreement;
  • Any other languages in which, in addition to Dutch, the agreement can be concluded;
  • The codes of conduct to which the entrepreneur has adhered and how the consumer can consult these codes of conduct electronically;
  • The minimum duration of the distance agreement in the case of a continuing transaction.

 

Article 5 - The Agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the agreement has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur can, within legal limits, inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance agreement. If the entrepreneur has good reasons based on this investigation not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the execution.
5. The entrepreneur will provide the consumer with the following information, in writing or in a way that can be stored by the consumer on a durable medium, with the product or service:
   • The visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
   • The conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   • Information about warranties and existing post-purchase service;
   • The details mentioned in Article 4, paragraph 3 of these terms, unless these details have already been provided to the consumer before the execution of the agreement;
   • The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
7. Each agreement is concluded subject to the condition of sufficient availability of the relevant products.

 

Article 6 - Right of Withdrawal

For the delivery of products:

1. When purchasing products, the consumer has the possibility to dissolve the agreement without giving reasons within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated by the consumer and notified to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. When the consumer wishes to make use of his right of withdrawal, he is obliged to notify the entrepreneur within 14 days of receiving the product. The notification must be made by the model form or by another means of communication such as email. After notifying the entrepreneur of the intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must provide proof that the delivered goods have been returned in time, for example, by means of a proof of shipment.
4. If the customer has not notified the intention to use the right of withdrawal within the periods mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is final.

For the delivery of services:

1. When delivering services, the consumer has the possibility to dissolve the agreement without giving reasons for at least 14 days, starting from the day of entering into the agreement.
2. To exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest at the delivery.

 

Article 7 - Costs in Case of Withdrawal

1. If the consumer exercises the right of withdrawal, the maximum costs of returning the goods are for the consumer.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition for this is that the product has already been received by the retailer or conclusive proof of complete return can be provided. Refunds will be made using the same payment method used by the consumer unless the consumer explicitly consents to a different payment method.
3. In case of damage to the product due to careless handling by the consumer, the consumer is liable for any decrease in the value of the product.
4. The consumer cannot be held liable for a decrease in the value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before concluding the purchase agreement.

 

Article 8 - Exclusion of the Right of Withdrawal

1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   • Made by the entrepreneur according to consumer specifications;
   • Clearly personal in nature;
   • Which by their nature cannot be returned;
   • Which may spoil or age rapidly;
   • Whose price is subject to fluctuations in the financial market which the entrepreneur cannot influence;
   • For individual newspapers and magazines;
   • For audio and video recordings and computer software of which the consumer has broken the seal;
   • For hygiene products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
   • Concerning accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a specific period;
   • Whose performance has begun with the express consent of the consumer before the reflection period has expired;
   • Concerning bets and lotteries.

 

 

Article 9 - The Price

1. During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if the prices are subject to fluctuations in the financial market which the entrepreneur cannot influence. The dependency on fluctuations and the fact that any mentioned prices are guide prices will be stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
4. Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:
   • They are the result of legal regulations or provisions; or
   • The consumer has the authority to terminate the agreement on the day the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

 

Article 10 - Conformity and Warranty

 

• The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
• A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims the consumer may have against the entrepreneur based on the agreement.
• Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of discovering the defect.
• The entrepreneur's warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any specific application by the consumer, nor for any advice regarding the use or application of the products.
• The warranty does not apply if:
  • The consumer has repaired and/or altered the delivered products themselves or has had them repaired and/or altered by third parties;
  • The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or in violation of the entrepreneur’s instructions and/or packaging;
  • The defect is wholly or partially the result of government regulations concerning the nature or quality of the materials used.

 

Article 11 - Delivery and Execution

1. The entrepreneur will exercise the greatest care in receiving and executing orders for products and in assessing requests for the provision of services.
2. The place of delivery is the address the consumer has made known to the company.
3. Subject to what is mentioned in paragraph 4 of this article, the company will execute accepted orders as soon as possible but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after placing the order. In this case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any mentioned times. Exceeding a deadline does not entitle the consumer to compensation.
5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than 14 days after dissolution.
6. If delivery of a product ordered proves to be impossible, the entrepreneur will make every effort to provide a replacement item. No later than at the time of delivery, it will be clearly and understandably stated that a replacement item will be provided. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative of the entrepreneur, unless expressly agreed otherwise.

 

Article 12 - Payment

1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this term starts after the consumer has received confirmation of the agreement.
2. The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur immediately.
3. In the case of non-payment by the consumer, the entrepreneur, subject to legal restrictions, has the right to charge the reasonable costs previously communicated to the consumer.

 

Article 13 - Complaints Procedure

1. The entrepreneur has a sufficiently known complaints procedure and handles complaints in accordance with this complaints procedure.
2. Complaints about the execution of the agreement must be fully and clearly described and submitted to the entrepreneur within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is eligible for dispute resolution.
5. In case of complaints, a consumer should first turn to the entrepreneur. If the web store is affiliated with WebwinkelKeur and complaints that cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check if this web store has an active membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution still cannot be reached, the consumer has the option to have the complaint handled by the independent dispute resolution committee appointed by WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute resolution committee involves costs that the consumer must pay to the relevant committee. It is also possible to file complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur has stated otherwise in writing.
7. If a complaint is found to be valid by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 14 - Disputes

1. Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. This also applies if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

 

 

Article 15 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer on a durable medium.