Terms and Conditions

These terms and conditions apply to all offers and agreements with CLIC Creations B.V.

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

Article 1. General

1.1 CLIC Creations B.V. is registered with the Dutch Chamber of Commerce under number 72017031, VAT number NL858946464B01. Our workshop and correspondence address is Duizeldonksestraat 20, 5705 CA Helmond, the Netherlands.

1.2 These conditions form 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. engages third parties for the performance of agreements.

1.4 Unless otherwise agreed in writing, the general or specific terms or stipulations of third parties are not recognised by CLIC Creations B.V.

1.5 In the event that the conditions and an agreement contain contradictory clauses, the agreement prevails.

1.6 Insofar as any provision of these conditions conflicts with mandatory consumer law, the mandatory law prevails and the remaining provisions remain in full force. If any part of these conditions is void or annulled, the remaining provisions remain in full force, and the parties will endeavour to agree a valid replacement clause that approximates the original intention as closely as possible.

Article 2. Offers and formation of agreements

2.1 All offers are without obligation, unless expressly stated otherwise by CLIC Creations B.V.

2.2 Agreements for the delivery of goods bind CLIC Creations B.V. only after written confirmation. Actual performance by CLIC Creations B.V., or an invoice sent by CLIC Creations B.V., is equivalent to written confirmation of the offer.

2.3 If the accuracy of the content of this written confirmation is not disputed in writing within 8 days, CLIC Creations B.V. and the customer are bound by it.

2.4 Offers from CLIC Creations B.V. do not automatically apply to repeat orders.

2.5 CLIC Creations B.V. cannot be held to its offer if the customer should have understood that the offer, or any part of it, 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 Unless otherwise indicated, all prices are expressed in euros, including value added tax (VAT).

3.2 The prices of CLIC Creations B.V. may be subject to changes in the raw-material prices of (precious) metals on the world market. Fluctuations in these market prices may periodically lead to price changes.

3.3 If the price is increased between the moment the agreement is concluded and delivery, the customer has the right to dissolve the agreement free of charge. This right may be exercised until the day on which the price increase takes effect and expires 10 days after CLIC Creations B.V. has notified the customer of the price increase. Any amounts already paid will be refunded in full in that case.

3.4 The right of dissolution referred to in Article 3.3 does not apply if the price increase results from statutory regulations and/or provisions.

3.5 All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of such errors, CLIC Creations B.V. is not obliged to deliver the product at the incorrect price.

Article 4. Delivery

4.1 If items are available from stock, they are dispatched after the order is placed. For consumers, the order is dispatched after receipt of payment. CLIC Creations B.V. may charge shipping costs. Delivery takes place at the delivery address known to CLIC Creations B.V. that is not of a temporary nature.

4.2 If the customer refuses acceptance or is negligent in providing information or instructions necessary for delivery, the goods will be stored at the customer's expense and risk.

4.3 The delivery obligation of CLIC Creations B.V. is deemed fulfilled, subject to proof to the contrary, as soon as the goods delivered by CLIC Creations B.V. have been offered to the customer once. In the case of home delivery, the carrier's report stating the refusal of acceptance serves as full proof of the offer of delivery, subject to proof to the contrary.

4.4 In the event of refusal of the offered goods, return freight and storage costs, as well as the risk of damage to or loss of the refused goods, are entirely at the customer's expense, unless the customer invokes, on reasonable grounds, the right to dissolve the purchase or to have the goods replaced.

Article 5. Delivery time

5.1 A delivery time stated by CLIC Creations B.V. can never be regarded as a strict deadline. The delivery time starts once all necessary data are in the possession of CLIC Creations B.V., after which CLIC Creations B.V. will endeavour to deliver within 30 days.

5.2 Under the rules on distance selling, CLIC Creations B.V. executes orders with due speed, but at the latest within 30 days. If this is not possible because the item is out of stock or no longer available, or if there is a delay for other reasons, or an order cannot be executed or can only be partially executed, the customer will be notified within 30 days of placing the order and is in that case entitled to cancel the order free of charge.

Article 6. Right of withdrawal and dissolution

6.1 The consumer has the right to dissolve the agreement within a cooling-off period of 14 calendar days without giving reasons (right of withdrawal), in accordance with Article 6:230o of the Dutch Civil Code. This period starts on the day after the consumer, or a third party designated in advance by the consumer, receives the product. For an order delivered in several shipments, the period starts on the day the last shipment is received.

6.2 To exercise the right of withdrawal, the consumer notifies CLIC Creations B.V. within the cooling-off period via the withdrawal function on the website, via the model withdrawal form, or via another unambiguous statement (for example by email to info@cliccreations.nl). The consumer then returns the product as soon as possible, and in any case within 14 calendar days of that notification.

6.3 During the cooling-off period the consumer handles the product and packaging with care. The consumer may unpack and inspect the product to the extent permitted in a physical shop. Returns should preferably be made in the original packaging, including any accessories and accompanying documentation. If the product has been used or handled more than necessary to establish its nature, characteristics and functioning, CLIC Creations B.V. may charge the consumer for the resulting diminished value.

6.4 The direct costs of returning the product are borne by the consumer, unless stated otherwise. After receipt of the withdrawal, CLIC Creations B.V. refunds the full purchase amount, including the cost of standard delivery, within 14 calendar days, less any diminished value as referred to in Article 6.3.

6.5 The right of withdrawal does not apply to the statutory exceptions, including products made to the consumer's specifications or clearly intended for a specific person (custom-made items).

6.6 Without prejudice to its statutory rights, CLIC Creations B.V. is entitled, by means of a written statement, to suspend or dissolve the agreement in whole or in part, with the right to compensation, if after conclusion of the agreement circumstances come to its knowledge that give good grounds to fear that the customer will not fulfil its obligations, or in the event of bankruptcy, suspension of payment, liquidation, attachment or (partial) transfer of the business on the part of the customer.

6.7 If circumstances arise regarding persons and/or materials that CLIC Creations B.V. uses in the performance of the agreement, of such a nature that performance becomes impossible or so objectionable and/or disproportionately expensive that compliance can no longer reasonably be required, CLIC Creations B.V. is entitled to dissolve the agreement.

Article 7. Force majeure

7.1 Force majeure means, in addition to what is understood by it in law and case law, all circumstances beyond the control of CLIC Creations B.V. that impede or prevent the delivery of goods, including but not limited to strikes at CLIC Creations B.V. and/or suppliers, disruptions to the internet, electricity or email traffic, and disruptions or changes in technology provided by third parties.

7.2 Force majeure may also be invoked if the circumstance preventing (further) performance occurs after CLIC Creations B.V. should have fulfilled the obligation.

7.3 If the period during which performance is impossible due to force majeure lasts longer than 2 weeks, both parties are entitled to dissolve the agreement, without any obligation to pay compensation in that case.

7.4 If, at the onset of force majeure, CLIC Creations B.V. has already partially performed its obligations or can only partially perform them, it is entitled to invoice the part already delivered or deliverable separately, and the customer is obliged to pay this invoice as if it were a separate agreement. This does not apply if the part already delivered or deliverable has no independent value.

Article 8. Warranty

8.1 In addition to the statutory rights to which the consumer is entitled, CLIC Creations B.V. offers a warranty of 12 months after purchase. Damage caused by improper use or handling of the piece of jewellery is not covered by this warranty.

8.2 This warranty does not affect the consumer's statutory rights. Under the law, the consumer is entitled to a product that conforms to the agreement; this right is not limited to a fixed period.

8.3 CLIC Creations B.V. 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.

8.4 The customer must inspect the delivered goods upon receipt. If the delivered item is incorrect, defective or incomplete, the customer must report this in writing or by email to CLIC Creations B.V. within a reasonable time after discovery, before proceeding to return it.

8.5 If the customer's complaints are found to be justified, CLIC Creations B.V. will, at its discretion, replace or repair the goods free of charge, or reach a written arrangement with the customer regarding compensation. The liability of CLIC Creations B.V. is thereby, without prejudice to mandatory law, limited to no more than the invoice amount of the goods concerned, or to the amount covered in the relevant case by CLIC Creations B.V.'s liability insurance.

8.6 This warranty does not apply if: a) and for as long as the customer is in default towards CLIC Creations B.V.; b) the customer has repaired and/or modified the delivered goods itself or has had them repaired and/or modified by third parties; c) the delivered goods have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions for use; d) the defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.

Article 9. Payment

9.1 Unless otherwise agreed, payment must be made upon completion of the order via one of the offered payment methods. For consumers, payment is made before delivery.

9.2 If a business customer fails to pay on time, it is in default by operation of law and owes interest of 1% per month on the amount due, unless the statutory (commercial) interest is higher, in which case the latter applies. In respect of consumers, the statutory rules on default and statutory interest apply.

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. become immediately due and payable.

9.4 If CLIC Creations B.V. has to hand over its claim for collection, the customer owes extrajudicial collection costs. In respect of consumers, these costs are calculated in accordance with the Dutch Extrajudicial Collection Costs Act and the associated Decree (with a statutory minimum of € 40), and only after the consumer, having fallen into default, has been unsuccessfully reminded to pay within a period of 14 days. In respect of business customers, the extrajudicial collection costs amount to 15% of the sum due, with a minimum of € 250.

Article 10. Retention of title

10.1 Ownership of all goods sold and delivered by CLIC Creations B.V. to the customer remains with CLIC Creations B.V. until the customer has paid in full all claims of CLIC Creations B.V. under the agreement or earlier or later similar agreements, including claims in respect of penalties, interest and costs, all as referred to in Section 3:92 of the Dutch Civil Code.

10.2 The goods subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.

10.3 The customer is not entitled to pledge the goods subject to retention of title or to encumber them in any other way.

10.4 If third parties seize the goods delivered under retention of title, or wish to establish or assert rights over them, the customer is obliged to notify CLIC Creations B.V. as soon as can reasonably be expected.

Article 11. Privacy

11.1 CLIC Creations B.V. respects the privacy of the visitors to its website and processes personal data in accordance with the General Data Protection Regulation (GDPR). Personal data are not sold to third parties.

11.2 The manner in which CLIC Creations B.V. processes personal data is further described in the privacy statement on the website.

11.3 The consumer has the right to access, rectification and erasure of their personal data in accordance with the GDPR. A request to that effect will be handled as soon as possible.

Article 12. Intellectual property rights

12.1 Unless expressly agreed otherwise in writing, the full copyrights and all other intellectual and industrial property rights relating to the goods or services supplied by CLIC Creations B.V., such as trademark rights, design rights, patent rights and database rights, rest exclusively with CLIC Creations B.V. and/or its suppliers. Producing, or having produced, goods that (closely) resemble the models of CLIC Creations B.V. is prohibited. Infringement may be acted upon by law.

12.2 The parties undertake to take adequate measures to ensure confidentiality with regard to each other's confidential data of which they become aware during the performance of the agreement.

Article 13. Applicable law

13.1 Dutch law applies exclusively to all legal relationships to which CLIC Creations B.V. is a party, even if an obligation is performed wholly or partly abroad or if the party involved is domiciled there. The applicability of the Vienna Sales Convention is excluded. This choice of law does not affect the mandatory protection the consumer enjoys under the law of the country of their habitual residence.

Article 14. Disputes

14.1 The customer can submit questions and/or complaints by email to CLIC Creations B.V. at info@cliccreations.nl, or by post to CLIC Creations B.V., Duizeldonksestraat 20, 5705 CA Helmond, the Netherlands. Complaints will be handled 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 expected delay. Complaints must include the customer's name and address details.

Article 15. Changes

15.1 The Dutch text of these conditions is always decisive for their interpretation.

15.2 Changes to these conditions take effect only after they have been published on the website of CLIC Creations B.V., on the understanding that, in the case of applicable changes during the term of an offer, the provision most favourable to the customer prevails.