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Terms and conditions

Terms and Conditions
Article 1. General
Article 2. Offers and formation of agreements
Article 3. Prices / Price increase
Article 4. Delivery
Article 5. Delivery time
Article 6. Visibility period and Dissolution
Article 7. Force majeure
Article 8. Warranty
Article 9. Payment
Article 10. Retention of title
Article 11. Privacy
Article 12. Intellectual property rights
Article 13. Applicable law
Article 14. Disputes
Article 15. Changes

Article 1. General
1.1 'CLIC CREATIONS B.V.' is registered with the Chamber of Commerce under number 72017031.
1.2 These conditions are part of all offers and agreements with CLIC CREATIONS B.V. insofar as not expressly deviated from in writing.
1.3 These conditions also apply if CLIC CREATIONS B.V. for the execution of agreements third parties must engage.
1.4 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not provided by CLIC CREATIONS B.V. recognized.
1.5 In the event that the conditions and an agreement contain contradictory clauses, the agreement shall prevail.
1.6 If any part of the conditions is void or is nullified, the other provisions of the terms and conditions will remain in full force and parties will be bound to make an effort to determine in good consultation a replacement clause that is valid and the original intentions. approaching parties as much as possible.

Article 2. Offers and formation of agreements
2.1 All offers are without obligation, unless explicitly stated otherwise by CLIC CREATIONS B.V ..
2.2 Contracts for the delivery of goods bind CLIC CREATIONS B.V. first after written confirmation. Actual implementation by CLIC CREATIONS B.V. or a by CLIC CREATIONS B.V. sent invoice is equivalent to a written confirmation of the offer.
2.3 If the accuracy of the content of this written confirmation is not disputed within 8 days, also in writing, CLIC CREATIONS B.V. and customer bound to this.
2.4 Offers from CLIC CREATIONS B.V. do not automatically apply to repeat orders.
2.5 CLIC CREATIONS B.V. can not be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
2.6 Additions, changes and / or further agreements are only valid if agreed in writing.

Article 3. Prices / Price increase
3.1 All prices are expressed in euros, including sales tax (VAT), unless otherwise indicated.
3.2 The prices of CLIC CREATIONS B.V. are potentially subject to the raw material price changes of (precious) metals on the world market. Fluctuations in these market prices can therefore periodically lead to price increases. CLIC CREATIONS B.V. has the right to make a price increase on these grounds, even if the goods have already been ordered and have the status "to deliver" or "backorder".
3.3 In the event of a price increase between the moment of the conclusion of the agreement and delivery, the customer has the right to terminate the distance contract on the day on which the price increase takes effect. This right expires 10 days after CLIC CREATIONS B.V. has notified the price increase to the customer.
3.4 The article mentioned in article 3.2 does not apply if the price increase is the result of statutory regulations and / or provisions.
3.5 All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 4. Delivery
4.1 If items are available from stock, they will be sent immediately after ordering. In the case of consumers, the order will be sent immediately after receipt of the payment. CLIC CREATIONS B.V. can be used for sending ordered items. charge shipping costs. The delivery of ordered items takes place at CLIC CREATIONS B.V. known postal address, not being of a temporary nature, and issued to the natural person at the delivery address.
4.2 The customer must sign for receipt of the products. This is only different if the customer has grounds for refusal based on the law.
4.3 If the customer refuses the purchase or is negligent with the provision of information or instructions necessary for the delivery, the articles will be stored at the expense and risk of the buyer.
4.4 The delivery obligation of CLIC CREATIONS B.V. will, subject to proof to the contrary, be paid as soon as CLIC CREATIONS B.V. delivered goods were once offered to the customer. In the case of home delivery, the report of the carrier, which implies the refusal of acceptance, serves as full proof of the delivery offer, subject to proof to the contrary.
4.5 In the event of refusal of the offered goods return freight and storage costs, as well as the risk of damage or loss of the refused goods, will be entirely at the expense of the customer, unless the customer is entitled to dissolution of the purchase or replacement of the case. calls.

Article 5. Delivery time
5.1 A by CLIC CREATIONS B.V. specified delivery time can never be regarded as a deadline. The delivery time starts first after all necessary data in the possession of CLIC CREATIONS B.V. are, after which CLIC CREATIONS B.V. will try to make delivery within 30 days.
5.2 CLIC CREATIONS B.V. will be part of the rules of distance selling. (contractor) take orders with due speed, but at least within 30 days. If this is not possible (because the order is not in stock or no longer available), or there is a delay for other reasons, or an order can not or only partially be executed, then the customer (client) will receive within 1 month after placing of the order message and in that case he has the right to cancel the order without costs and notice of default.

Article 6. Visibility period and Dissolution
6.1 The customer has the right to order goods delivered on the basis of an order at CLIC CREATIONS B.V. pursuant to article 7: 5 Dutch Civil Code, to dissolve the agreement within a period of 7 working days without giving any reason, unless expressly agreed otherwise. This period starts at the moment the ordered items are delivered. If after the end of this period the customer does not deliver the goods delivered to CLIC CREATIONS B.V. has returned, the sale is a fact. The customer is obliged, before proceeding to return, within the period of 7 working days after delivery to report to CLIC CREATIONS BV The customer must prove that the delivered goods are returned in time (no later than 10 working days after delivery), for example by means of proof of mail delivery. The return of the delivered goods is entirely at the expense and risk of the buyer. Return of the goods must be in the original packaging (including accessories and accompanying documentation) and in a new condition. If the goods have been used by the customer, encumbered or damaged in any way, the right to dissolution within the meaning of this paragraph will lapse. With due observance of the provisions in the previous sentence, CLIC CREATIONS B.V. After receipt and verification of the returned goods the dissolution of the purchase by return and ensures that within 30 days after good receipt of the complete return, the full purchase amount will be refunded to the customer free of charge.
6.2 Without prejudice to the rights of CLIC CREATIONS B.V. according to the law CLIC CREATIONS B.V. entitled to suspend or terminate the agreement in whole or in part by means of a written statement to that end, with the right to compensation to the buyer if CLIC CREATIONS B.V. circumstances that CLIC CREATIONS B.V. give good grounds to fear that the customer will not fulfil his obligations or if CLIC CREATIONS B.V. at the conclusion of the agreement asked to provide security for the fulfilment and this security remains or is insufficient (in spite of summons) as well as in case of bankruptcy of the buyer, an own request for bankruptcy by the buyer, suspension of payment, liquidation or a decision to this end, full or partial transfer of the business of the buyer or confiscation of any part of his assets.
6.3 If circumstances arise with regard to persons and / or materials of which CLIC CREATIONS B.V. engages in the performance of the agreement or commits to operate, which are of such a nature that the execution of the agreement becomes impossible or so objectionable and / or disproportionately expensive that compliance with it cannot reasonably be expected, is CLIC CREATIONS BV authorized to terminate the agreement.

Article 7. Force majeure
7.1 Force majeure is understood in addition to that which is understood in the law and jurisprudence, all circumstances on which CLIC CREATIONS B.V. has no influence and which impedes the delivery of goods or makes them impossible, including but not limited to strike work at CLIC CREATIONS B.V. and / or suppliers, faults in the Internet or WAP, faults in the electricity, disturbances in e-mail traffic and faults or changes in technology provided by third parties.
7.2 An appeal to force majeure can also be made if the circumstance that prevents (further) performance occurs after CLIC CREATIONS B.V. the commitment should have been fulfilled.
7.3 If the period in which, due to force majeure, fulfillment of the obligation by CLIC CREATIONS B.V. it is not possible to take longer than 2 weeks, both parties are entitled to dissolve the agreement, without there being an obligation to pay compensation in that case.
7.4 If CLIC CREATIONS B.V. at the onset of the force majeure has partially fulfilled its obligations, or can only partly fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as if it were a separate contract . However, this does not apply if the already delivered or deliverable part does not have an independent value.

Article 8. Warranty
8.1 CLIC CREATIONS B.V. offers a warranty of 6 months after purchase of the goods. However, if damage is caused by an incorrect treatment of the piece of jewelery, our guarantee does not cover these costs.
8.2 CLIC CREATIONS B.V. is never 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.
8.3 The customer is obliged to check the delivered goods immediately upon receipt. If it turns out that the delivered item is wrong, inadequate or incomplete, then the customer must (before proceeding to return to CLIC CREATIONS BV) immediately report these defects in writing or by email to CLIC CREATIONS BV Return of the goods must be made. in the original packaging (including accessories and accompanying documentation) and in a new condition. Commissioning after detection of failure, damage arising after detection of failure, encumbrance and / or resale after detection of defect, does this right to complain and return completely invalid.
8.4 If complaints from the customer are made by CLIC CREATIONS B.V. found to be well-founded, CLIC CREATIONS B.V. at its discretion or to replace the delivered goods free of charge or to make a written arrangement regarding the compensation with the customer, on the understanding that the liability of CLIC CREATIONS B.V. and therefore the amount of compensation is always limited to a maximum of the invoice amount of the goods concerned, or (at CLIC CREATIONS B.V.'s discretion) up to the maximum in the relevant case by the liability insurance of CLIC CREATIONS B.V. amount covered. Any liability of CLIC CREATIONS B.V. for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential loss or damage due to lost profits.
8.5 CLIC CREATIONS B.V. is not liable for damage caused by intent or equivalent conscious recklessness of non-managerial staff.
8.6 This guarantee does not apply if: A) and as long as the customer is obliged to CLIC CREATIONS B.V. is in default; B) the customer has repaired the delivered goods himself and / or processed or has third parties repaired and / or processed. C) the delivered goods are exposed to abnormal circumstances or otherwise careless handling or contrary to the instructions of CLIC CREATIONS B.V. and / or directions for use have been treated on the packaging; D) the defect is wholly or partially the result of regulations that the government has made or will make regarding the nature or the quality of the materials used;

Article 9. Payment
9.1 Unless otherwise agreed, the payment must be paid immediately upon completion of the order via one of the offered payment methods. On payment by transfer by bank or giro the date of payment is the date of credit of the giro account of CLIC CREATIONS B.V .. Payment must be made at all times for delivery within 10 days after order. Payment in instalments is not possible.
9.2 After the expiry of 10 days after the invoice / order date, the customer is legally in default and from that moment an interest of 1% per month on the due amount, unless the statutory interest is higher, in which case the statutory interest applies, where a part of a month is counted for a whole month.
9.3 In the event of bankruptcy or suspension of payment of the customer or an application thereto, the claims of CLIC CREATIONS B.V. and the obligations of the customer towards CLIC CREATIONS B.V. immediately due and payable.
9.4 If CLIC CREATIONS B.V. must hand over its claim for collection, the customer owes a fixed amount of 15% of the owed extrajudicial collection costs, with a minimum amount of 250 euro.
9.5 If CLIC CREATIONS B.V. can demonstrate that he has incurred higher costs that were reasonably necessary, these are also eligible for reimbursement.

Article 10. Retention of title
10.1 The ownership of all CLIC CREATIONS B.V. goods sold and delivered to the customer remain with CLIC CREATIONS B.V. as long as the customer claims CLIC CREATIONS B.V. by virtue of the agreement or previous or later similar contracts not fulfilled, as long as the customer has not yet performed the work performed or to be performed from these or similar agreements and as long as the customer has the claims of CLIC CREATIONS B.V. due to shortcomings in the performance of such obligations has not yet paid, including claims in respect of fines, interest and costs, all this as referred to in Section 3:92 Dutch Civil Code.
10.2 The information provided by CLIC CREATIONS B.V. goods delivered that fall under the retention of title may only be resold within the framework of normal business operations and must never be used as a means of payment.
10.3 The customer is not entitled to pledge the goods falling under the retention of title or encumber them in any other way.
10.4 If third parties seize goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged CLIC CREATIONS B.V. to be informed as soon as reasonably may be expected.

Article 11. Privacy
11.1 CLIC CREATIONS B.V. respects the privacy of the online visitors to its website and is the sole owner of the information obtained through this website, unless otherwise indicated. This information is provided by CLIC CREATIONS B.V. not sold, shared or rented to third parties. CLIC CREATIONS B.V. is, however, entitled to release information about users if the law so requires.
11.2 Information indicating the identity of an online visitor to the website of CLIC CREATIONS B.V. can be deduced, is provided voluntarily by the visitor. This information is available within CLIC CREATIONS B.V. are used for the purpose of making visits to our websites as simple and enjoyable as possible. The customer gives explicit permission for this.
11.3 Personal data will be removed as soon as possible at the request of the online visitor.

Article 12. Intellectual property rights
12.1 Unless expressly agreed otherwise in writing, the full copyrights and all other intellectual and industrial property rights with respect to the rights of CLIC CREATIONS B.V. goods or services supplied, such as trademark rights, design rights, patent rights, sui generis database rights, etc., exclusively at CLIC CREATIONS B.V. and / or its suppliers. The (have) produced goods (strong) resembling the models of CLIC CREATIONS B.V. is therefore expressly prohibited by law. Individuals or companies that do not adhere to this will therefore be prosecuted.
12.2 The parties undertake to take adequate measures to ensure confidentiality with regard to each other data of a confidential nature of which they become aware during the execution of the agreement.

Article 13. Applicable law
In all legal relationships where CLIC CREATIONS B.V. is a party, only Dutch law applies, even if an obligation is fully or partially executed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.

Article 14. Disputes
14.1 The customer can submit questions and / or complaints by email to CLIC CREATIONS B.V. via info@cliccreations.nl or send by mail to CLIC CREATIONS B.V. , Daviottenweg 2, 5222 BH 's-Hertogenbosch. Complaints will be treated as soon as possible, but no later than within 30 days. If this is not possible for any reason, the customer will be informed of the duration of the delay. Complaints must at all times be provided with the name, address and residence details of the customer.

Article 15. Changes
15.1 These terms and conditions have been filed with the Chamber of Commerce Brabant. The Dutch text of these conditions is always decisive for the explanation thereof.
15.2 Changes to these terms and conditions are only valid after they have been posted on the website of CLIC Creations B.V. have been published, with the proviso that with appropriate changes during the term of an offer the most favourable provision for the buyer will prevail.


 

CLIC Creations

Graaf van Solmsweg 46-D
5222 BP 's-Hertogenbosch
Netherlands
+31 (0)73 747 00 88
info@cliccreations.nl

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