Terms & Conditions
TABLE OF CONTENTS:
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 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - Pricing
Article 10 - Compliance and warranty
Article 11 - Delivery and implementation
Article 12 - Continuing performance contracts: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints handling
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 - DEFINITIONS
In these General Terms and Conditions, the following definitions are used:
1. Consideration period: the term the consumer has to utilise their right of withdrawal;
2. Consumer: the natural entity not acting in a professional capacity or on behalf of a company, who engages into a telecommunicated agreement with the entrepreneur;
3. Day: the applicable calendar day;
4. Continuing performance contract: a telecommunicated contract regarding a series of products and/or services for which the delivery and/or purchase obligation is spread over a period of time;
5. Long-term data carrier: any medium that enables the consumer or entrepreneur to store information addressed to them personally in a manner that allows for future consultation and unaltered reproduction of the stored information;
6. Right of withdrawal: the consumer's option of withdrawing from the telecommunicated agreement within the consideration period;
7. Entrepreneur: the natural of legal entity offering products and/or services via telecommunicated agreement to consumers;
8. Telecommunicated agreement: an agreement for which, as part of a system set up by the entrepreneur for the long-distance sale of products and/or services, only one or more methods of long-distance communication are used up until the point when the agreement is entered into by parties.
9. Technology for telecommunicated agreements: any method used to reach a telecommunicated agreement without the consumer and the entrepreneur having to be present in the same place at the same time.
ARTICLE 2 - IDENTITY OF THE ENTREPRENEUR
Company: In Gold We Trust Address: Basisweg 57 Phone number: +31 20 6137363 Email address: klantenservice@ingoldwetrust-official.com CoC number: 82136955
VAT identification number: NL852916917B01 In the event that the entrepreneur's business acitivities are subject to a particular licensing system: the contact details of the supervisory body of said system: In the event that the entrepreneur is part of a regulated profession:
- the professional association or organisation with whom they are affiliated;
- the professional title, the location in the EU or EEA where said title has been registered;
- a reference to the professional code applicable in the Netherlands and any changes to the scope and applicability of this code.
ARTICLE 3 - APPLICABILITY
1. These General Terms and Conditions apply to any offer by the entrepreneur and any telecommunicated agreement entered into by the entrepreneur and the consumer.
2. Before the telecommunicated agreement is entered into, the full text of these General Terms and Conditions will be provided to the consumer. In the event that such provision is impossible, the consumer will be informed before the telecommunicated agreement is entered into that the relevant Terms and Conditions are available for review and can be sent to them free of charge at the earliest convenience, if desired.
3. In the event that the telecommunicated agreement is entered into via electronic means, by way of derogation from the previous article, the full text of these General Terms and Conditions may be provided to the consumer via electronic means before the telecommunicated agreement is entered into, in such a way as to enable the consumer to conveniently store the Terms and Conditions on a suitable long-term data carrier. In the event that this is not possible, the consumer will be informed before the telecommunicated agreement is entered into of the electronic location where the relevant Terms and Conditions can be found for review, and that these can be sent to them free of charge via electronic means or otherwise at the earliest convenience, if desired.
4. In the event that other conditions related to specific products or services apply to the agreement in addition to these General Terms and Conditions, the second and third article apply accordingly, and the consumer may avail themselves of whichever applicable article is most beneficial to them in any event of contradictory terms and conditions.
ARTICLE 4 - THE OFFER
1. In the event that the offer has a limited duration or is subject to any conditions, said duration or conditions must be explicitly mentioned in the offer.
2.The offer must include a full and detailed description of the products and/or services being offered. This description must be sufficiently detailed to ensure that the consumer is able to make a proper assessment of the offer. If the entrepreneur uses images in the offer, these must constitute a truthful representation of the products and/or services being offered. The entrepreneur is not required to uphold any manifest errors or mistakes in the offer.
3. The offer should contain enough information as to make it clear for the consumer what rights and obligations are involved in accepting the offer. This concerns, in particular:
- pricing, including taxes;
- any delivery costs;
- the way in which the agreement will be entered into and whatever actions are necessary to achieve this;
- whether or not the consumer has a right of withdrawal;
- the method of payment, delivery and execution of the agreement;
- the term for accepting the offer, or the term within which the entrepreneur guarantees a certain price;
- the rate for communication at a distance, if the costs for using the technology to achieve this communication are charged in any other way than the regular basic rate for the use of said technology;
- whether the agreement will be stored anywhere after it is entered into, and if so, how the consumer may consult the stored agreement for review;
- the method the consumer can use before entering into the agreement to check and, if necessary, amend any personal details provided by them for the purposes of the agreement;
- any languages other than Dutch in which the agreement may be drawn up;
- any code(s) of conduct that the entrepreneur has vowed to abide by and the method in which the consumer can access said code(s) of conduct electronically;
- the minimum duration of the telecommunicated agreement in the event of a continuing performance agreement.
ARTICLE 5 - THE AGREEMENT
1. Subject to the provisions in paragraph 4, the agreement enters into effect the moment that the Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the consumer accepts the offer via electronic means, the entrepreneur must immediately confirm that they have received notice of the consumer's acceptance, also via electronic means. While such confirmation of receipt has not yet been issued by the entrepreneur, the consumer remains free to terminate the agreement.
3. In the event that the agreement is entered into via electronic means, the entrepreneur must implement suitable technological and organisational measures to ensure proper, secure conditions for the electronic transfer of data, as well as ensuring a secure online environment. In the event that the consumer has the option of paying via electronic means, the entrepreneur must implement suitable security measures to enable this process.
4. The entrepreneur is permitted, within legal limitations, to ascertain whether the consumer is capable of satisfying their payment obligations, as well as ascertain any facts and factors that may be relevant as to the consumer's ability to responsibly enter into a telecommunicated agreement. In the event that such efforts by the entrepreneur lead them to have good grounds for not entering into the agreement, they are legally entitled to refuse an order or request or only grant or accept said order or request subject to certain conditions.
5. The entrepreneur will provide the consumer with the following information along with the product and/or service, in writing or in such a way as to allow the consumer to conveniently store said information on a suitable long-term data carrier:
1. the conditions that apply to and the way in which the consumer can avail themselves of their right of withdrawal, or a clear statement dictating that there is no right of withdrawal;
2. any information about warranties and service after purchase;
3. the information stated in Article 4 paragraph 3 of these Terms and Conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
4. the conditions for terminating the agreement, in the event that the agreement has a duration of one year or more, or if it is an indefinite agreement.
6. In the event of a continuing performance agreement, the provision in the previous article only applies to the initial delivery.
ARTICLE 6 - RIGHT OF WITHDRAWAL
In the event of product delivery:
1. In the event of a product purchase, the consumer has the option of terminating the agreement without having to cite a specific reason for 14 days. This consideration period enters into effect on the day when the product is received by the consumer or a representative of the consumer who has been previously appointed and whose status as representative has been communicated to the entrepreneur as well.
2. During the consideration period, the consumer is required to treat the product and its packaging with all due care. The product must only be unwrapped to the extent that is necessary for the consumer to ascertain whether they wish to keep the product. In the event that the consumer avails themselves of their right of withdrawal, they must return the product and any accessories in the original state and packaging, insofar as this is reasonably possible, to the entrepreneur in accordance with the clear and reasonable instructions provided by the entrepreneur regarding such a returns process.
In the event of service provision:
1. In the event of service provision, the consumer has the right to terminate the agreement without having to cite a specific reason for 14 days, starting on the day the agreement is entered into.
2. To avail themselves of their right of withdrawal, the consumer must abide by the clear and reasonable instructions provided by the entrepreneur in the offer and/or upon service provision at the very latest.
ARTICLE 7 - COSTS IN CASE OF WITHDRAWAL
1. If the consumer chooses to avail themselves of their right of withdrawal, they cannot be charged for any expenses other than the costs of the return shipment at most.
2. In the event that the consumer has paid a certain amount, the entrepreneur is required to refund the amount as soon as possible, but within 30 days of the return shipment or withdrawal at the latest.
ARTICLE 8 - EXCLUSION OF RIGHT OF WITHDRAWAL
1. The entrepreneur can exclude the consumer's right of withdrawal as per the conditions listed in articles 2 and 3. Exclusion of the right of withdrawal is only a valid option in the event that the entrepreneur has clearly mentioned the conditions therefore in the offer or at least in advance of the agreement being entered into.
2. Exclusion of the right of withdrawal is only possible for products:
1. that have been created by the entrepreneur in accordance with the consumer's specifications;
2. that are clearly of a personalised nature;
3. of which the nature of the product prevents it from being refundable;
4. that are liable to age or spoil quickly;
5. of which the price is dependent on financial market fluctuations that the entrepreneur has no influence over
6. for individual magazines and newspapers;
7. for audio and video recordings and computer software of which the seal has been broken by the consumer.
3. Exclusion of the right of withdrawal is only possible for services:
related to lodging, transport, hospitality or leisure activities to be organised on a 1. certain date or during a certain period;
2. for which the service provision has already been initiated with the express permission of the consumer before the consideration period has even passed;
3. related to bets or lotteries.
ARTICLE 9 - PRICING
1. During the validity period listed in the offer, the prices of the offered products and/or services cannot be increased, barring price changes due to changes in VAT rates.
2. In derogation from the previous article, the entrepreneur is permitted to maintain variable prices for products and/or services of which the prices are influenced by financial market fluctuations that the entrepreneur has no influence over Such an influence of market fluctuations and the fact that any prices listed are merely guidelines should be mentioned in the offer.
3. Price increases within 3 months of an agreement being entered into are only permitted if these result from legal regulations or provisions.
4. Price increases after 3 months from the contract being entered into are only permitted if the entrepreneur has stipulated as much and:
1. if these are the result of legal regulations or provisions; or
2. the consumer has the ability to terminate the agreement as per the day that the price increase will enter into effect.
5. The prices for products and/or services listed in the offer are all including VAT.
ARTICLE 10 - COMPLIANCE AND WARRANTY
1. The entrepreneur is responsible for ensuring that the products and/or services are in compliance with the agreement, the specifications listed in the offer, any reasonable expectations of soundness and usability and any legal regulations and/or government provisions that apply on the date that the agreement is entered into, If previously agreed upon, the entrepreneur is also responsible for ensuring that the product is suitable for uses other than the standard use.
2.Any warranty provided by the entrepreneur, manufacturer or importer does not in any way impair the legal rights and claims that the consumer is able to assert towards the entrepreneur as part of the agreement.
ARTICLE 11 - DELIVERY AND IMPLEMENTATION
1. The entrepreneur will take all possible care when accepting and executing orders and when assessing requests for service provision.
2. The delivery address will be the address that the consumer has communicated to the entrepreneur.
3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, the entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be executed or cannot be executed fully, the consumer shall be informed of this no later than 30 days after having placed the order. In such cases, the Consumer is entitled to cancel the contract free of charge and with the right to any compensation.
4. In the event of contract termination as outlined in the previous article, the entrepreneur must refund the amount that the consumer has paid as soon as possible, yet no later than within 30 days after the termination.
5. If delivery of an ordered product appears to be impossible, the Entrepreneur will endeavour to make a substitute item available. The consumer must be informed in a clear and comprehensible way of the fact that a replacement product is being delivered, at the time of delivery at the very latest. The right of withdrawal cannot be excluded for substitute items. The costs of any returns are borne by the entrepreneur.
6. The risk of loss and/or damage to products is borne by the entrepreneyr until the time of delivery to the consumer or a representative of the consumer appointed in advance and whose status as representative has been communicated to the entrepreneur, unless explicitly agreed otherwise.
ARTICLE 12 - CONTINUING PERFORMANCE AGREEMENT DURATION, CANCELLATION AND RENEWAL
Termination
1. The consumer may at all times terminate an agreement that was entered into for an indefinite period of time and which includes the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to no more than one month’s notice.
2. The consumer may at all times terminate a fixed-term agreement which includes the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to no more than one month’s notice.
3. The consumer can cancel the agreements listed in the preceding paragraphs:
- at any time and cannot be required to effect such termination at a specific time or during a specific time period;
- at least in the same way as they entered into it;
- at all times with the same notice as the entrepreneur has stipulated for themselves.
Extension
1. Any fixed-term agreement that includes the regular delivery of products or services may not be automatically extended or renewed for a fixed period.
2. In derogation from the previous paragraph, a fixed-term agreement that includes the regular delivery of dailies, newspapers, weekly newspapers and magazines may tacitly be renewed for a specific period of three months at most if the Consumer has the ability to terminate this extended agreement at the end of the extension with a notice period of one month at most.
3. Any fixed-term agreement that includes the regular delivery or products or services may only be tacitly extended for an indefinite period if the Consumer has the ability to terminate at any time with a notice period amounting to one month at most, and notice period amounting to three months at most if the agreement also includes to deliveries of daily and weekly newspapers and other periodicals that are somewhat regular but occurring less frequently than once a month.
4. A fixed-term agreement for regular delivery of trial dailies, newspapers, weeklies, and magazines (trial or introductory subscription) cannot be renewed tacitly and ends automatically after the trial or introductory period.
Duration
1. If an agreement has a duration of more than one year, the consumer always has the ability to terminate the agreement with a notice period amounting to one month at most, unless reasonableness and fairness bar termination before the end of the agreed term.
ARTICLE 13 - PAYMENT
1. Unless agreed otherwise, the consumer must pay any amounts due within 14 days of the beginning of the consideration period as outlined in Article 6 paragraph 1. In case of an agreement to provide a service, this consideration period starts on the day after the consumer has received confirmation of the agreement.
2. When selling products to consumers, the General Terms and Conditions may never stipulate an advance payment of more than 50%. If advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the execution of the order or the implementation of the relevant service(s) before the stipulated advance payment has been made.
3. The consumer has the duty to inform the entrepreneur promptly of any inaccuracies in the payment details that were given or specified.
4. In case of late payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.
ARTICLE 14 - COMPLAINTS HANDLING
1. The entrepreneur must have a complaints procedure in place of which the consumer must have been sufficiently notified, and must handle any complaints in accordance with this complaint procedure.
2. Any complaints about the execution of the agreement must be submitted to the entrepreneur, descriped clearly and in full, within a reasonable period of time after the consumer has noted the defects.
3. Any complaints submitted to the entrepreneur must be responded to within a period of 14 days after the date of receipt. If a complaint requires a foreseeably longer time to handle, the entrepreneur must respond within said 14 days with a confirmation of receipt and an indication of when the consumer can expect to receive a more detailed response.
4. If the complaint cannot be resolved amicably, a dispute arises that is subject to the dispute rules.
5. The warranty period that the entrepreneur sets for the sold goods is 6 months after receipt of the delivery. The consumer must make any complaints known to klantenservice@ingoldwetrust-official.com within these 6 months. The set warranty period only applies to products ordered via www.ingoldwetrust-official.com. Complaints regarding products for which the agreement was entered into in the store must be made known to the store of purchase.
6. In Gold We Trust only accepts unwashed and undamaged returns, without traces of smoke, perfume, etc.
ARTICLE 15 - DISPUTES
1. Any agreements between the entrepreneur and the consumer to which these General Terms and Conditions pertain are subject solely to Dutch law.
ARTICLE 16 - ADDITIONAL OR DEVIATING PROVISIONS
Any additional provisions of and/or deviations from these General Terms & Conditions may not be to the Consumer’s detriment and must be put in writing or recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.
