Terms and conditions

Terms and Conditions


Index
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The contract
Article 6 - Right of withdrawal
Article 7 - The price
Article 8 - Compliance and additional warranty
Article 9 - Delivery and execution
Article 10 - Duration transactions: duration, cancellation and extension
Article 11 - Payment
Article 12 - Complaints procedure
Article 13 - Disputes
Article 14 - Additional or different conditions

Article 1 - Definitions

A definition of the terms and conditions in this document.

  1. Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
  2. Time of reflection: the period within which the consumer can make use of his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Duration contract: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
  7. Durable data carrier: every tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him in person in a way that future consultation or use during a period needed to accomplish a professional task for which the information is intended, and which allows unaltered reproduction of the stored information;
  8. Right of withdrawal: the possibility for the consumer to cancel the purchasing contract within the period of reflection.
  9. Entrepreneur: the natural or legal person that offers products, (access to) digital content and / or services to consumers at a distance;
  10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and / or services, whereby up to and including the conclusion of the agreement exclusively or partly used becomes one or more techniques for distance communication;
  11. Technology for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same room at the same time.

Article 2 - Identity of the entrepreneur
Jewel Junkie
Kaya Panlefi 3, Jan Thiel, Curacao
Phone number: 66 66 305
E-mail address: info@jeweljunkiecuracao.com
Chamber of Commerce number: 143787
VAT identification number: 102461053

Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that has been concluded between the entrepreneur and the consumer.

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, the entrepreneur indicates how the general terms and conditions can be viewed and they can be sent free of charge as soon as possible at the request of the consumer.

If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way the consumer can a simple store it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and at the request of the consumer they will be sent free of charge by electronic means or otherwise.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting conditions, the consumer can invoke the applicable provision that is most favorable to him.

Article 4 - The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. The offer contains a complete and accurate description of the offered products, digital content and / or services.

The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products, services and / or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The contract
The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur can within statutory frameworks - inform whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to accept the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.

At the latest upon delivery of the product, the service or digital content, the entrepreneur shall share the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

  • the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • the information about guarantees and existing service after purchase;
  • the price including all taxes of the product, service or digital content;
  • if applicable the costs of delivery;
  • and the method of payment, delivery or execution of the distance contract;
  • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;

In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

According to the Curacao law the consumer has no right to execute the right of withdrawal and there does not exist an official period of reflection.

Article 7 - The price
During the 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.

The prices mentioned in the offer of products or services include VAT.

Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.

Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
these are the result of statutory regulations or provisions; or
the consumer has the authority to cancel the agreement.

Article 8 - Compliance agreement and additional 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 existing on the date of the conclusion of the agreement or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.


An additional guarantee provided by the trader, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can enforce against the trader under the agreement if the trader has failed to fulfill his part of the agreement.


An additional guarantee is understood to mean every obligation of the entrepreneur, its supplier, importer or producer in which it assigns to the consumer certain rights or claims that go beyond what is legally required in the event that it has failed to fulfill its part of the agreement. .

Article 9 - Delivery and execution

The entrepreneur will take the largest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer has made known to the entrepreneur.

With due observance of what has been stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if it has not been completed, the consumer will receive the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.

After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the consumer has paid.

The risk of damage and / or loss of products with the entrepreneur until the moment of delivery to the consumer, or expressly agreed otherwise.

Article 10 - Duration transactions: duration, cancellation and extension

Cancellation:
The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products or services, at any time with due observance of the agreed cancellation rules and a notice period of up to one month.

The consumer can terminate an agreement that has been concluded for a definite period and which extends to the regular delivery of products or services, at any time by the end of the stipulated term, with due observance of the agreed cancellation rules and a notice period of at least highest one month.

Consumers can the agreements mentioned in the previous paragraphs:
cancel at any time and not be limited to termination at a specific time or in a given period;
at least cancel in the same way as they were entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension:
A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may not be tacitly renewed or renewed for a fixed term.
A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

Duration:
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time with a notice period of no more than one month, unless the reasonableness and fairness oppose cancellation before the end of the agreed duration.

Article 11 - Payment
Jewel Junkie only delivers products for direct payment via the webshop or upon delivery.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

If the consumer does not fulfill his payment obligation (s) on time, after he has been informed by the trader of the late payment and the trader has given the consumer a period of 14 days to still fulfill his payment obligations, after the consumer has failure to pay within this 14-day period, the legal interest owed on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs he has incurred.

These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500, =; 10% over the next € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. The entrepreneur may deviate from the aforementioned amounts and percentages for the benefit of the consumer.

Article 12 - Complaints procedure

The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

The consumer must give the entrepreneur at least 4 weeks time to resolve the complaint in mutual consultation. After this period, a dispute arises that is susceptible to the dispute resolution.

Article 13 - Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by the law of Curacao.

Article 14 - Additional or different provisions
Additional provisions or deviating from these 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 in an accessible manner on a durable medium.