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General Terms and Conditions Shella. These terms and Conditions apply to all offers, agreements and other statements under which Shella deliver Products to the Customer, except where specified otherwise in writing by Shella.
article 1 - definitions
- In this general terms and conditions of Shella (“Terms and Conditions”) words, abbreviations and expressions written with a capital letter have the meanings given in article 1.3 of these Terms and conditions or the meaning given in the Agreement.
- The word “including” shall mean including without limitation or prejudice to the generality of any description, definition, term or phrase preceding that word, and the word “include” and its derivatives shall be construed accordingly.
- “Consumer”: means the natural person not being a natural person who is acting in the exercise of a professional business
- “Customer”: means the business entity or natural person or natural person, being a natural person who is acting in the exercise of a profession or business, that enters into an Agreement with Shella or plans to buy the Products of Shella.
- “Shella”: Shella a trade name of Shella. a limited company under the laws of the Netherlands registered at Mesdagstraat 54hs, 1073 HP Amsterdam, the Netherlands, registered with the Chamber of Commerce under number 69135231.
- “Parties”: Shella and Customer.
- “Products”: all goods sold by Shella through their events or on their website: www.shella-jewelry.com “Website”: www.shella-jewelry.com
article 2 - offers
- All offers, propositions, proposals, discounts whether on an event or on the Website and other expressions of Shella are optional and non-binding, unless stated otherwise in writing by Shella.
- The Customer shall guarantee the accuracy and completeness of the information that it submits to Shella and on which Shella bases its offer.
- Shella is not bound by its offer, if Customer should have understood that the offer or part thereof contains an apparent mistake or writing error.
- Offers and proposals by Shella do not automatically apply for future orders.
- If Shella sends an offer, price list or brochure Shella is not bound to deliver or accept an order.
Article 3 - order acceptance/conclusion of agreement
- An order/agreement by Customer will come into force at the date Shella confirms the order in writing or via e-mail, as far as none of the exceptions in this Article apply.
- Shella reserves the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn.
- Shella reserves the right to cancel any order prior to dispatch should we find that the price is incorrect. In such case we will notify Customer by email and give you the option to place a new order for the correct price. If we are unable to contact you, your order will be automatically cancelled.
- An order confirmation by Shella is considered to be an accurate and complete representation of the order. If Shella starts, delivery of the Products, or sends an invoice, these acts are considered to be of equal status as an order confirmation.
- If Customer, not being a Consumer, does not contest the order confirmation within eight (8) days in writing or via e-mail Customer is bound by this confirmation.
- The Customer shall guarantee the accuracy and completeness of the information that it submits to Shella at the time of the order. Shella is not liable for any damages as a result of information provided by the Customer which is not complete or accurate.
article 4 - delivery
- Shella will deliver the order Products at the address Customer has provided to Shella.
- The Products will be at the own account and risk from the moment Customer has received the Products.
article 5 - delivery period or date
- Shella will try based on a best effort obligation to deliver the Products within two (2) to seven (7) business days from the order confirmation in Europe. Any delivery date or term named or agreed by Shella are determined by Shella based on their best knowledge and the information available at the moment of the confirmation of the order. A delivery date or period is never a strict delivery period or term and cannot be construed as a deadline, resulting in the liability of Shella for any damages incurred by Customer.
- If the Product due to any delay in delivery cannot be delivered in whole within seven (7) business days also not in whole within a period of twenty-one (21) days from the order confirmation Shella will notify the Customer and the Customer has the right to terminate the order without costs and without being liable to Shella. After termination Shella will pay back any amount already paid by the Customer.
- In the case Parties do agree to a strict delivery term or deadline Shella in no case will be in default than after Shella has failed to adhere to a notice of default containing a reasonable term to still comply with the order.
- Shella is entitled to partial delivery, unless explicitly agreed otherwise by Parties in writing or the nature of the order does not provide for partial delivery. In case of partial delivery the invoice for the partial delivery must be paid according to the payment conditions on the invoice, unless Parties explicitly agreed otherwise in writing.
article 6 - price and payment
- All prices on the Website, order confirmation and on any documentation or correspondence are in Euro and include any Value Added Tax (VAT).
- Unless stated otherwise, Customer must pay any amounts due within seven (7) days of the date of the order confirmation.
- Shella is entitled to ask Customer for a payment in advance. The delivery of Products will not commence before Customer has paid the advanced payment according to article 8.2. In the case Customer is a Shella Consumer is not entitled to ask for advance payment of more than fifty (50%) percent.
- If Customer contests the invoice, he must file the protest against the invoice within seven (7) days after the date of the invoice and mention the reasons for his protest clearly and in full. If the Customer does not protest against the invoice within the aforementioned term, he is considered to have accepted the invoice.
- If the Customer fails to pay the amounts due or to pay the amounts due in a timely manner, Customer is due, in the case of a Consumer only after receiving a demand or notice for payment from Shella to pay the outstanding amount within fourteen (14) days, the statutory (commercial) interest and Shella may charge all the out-of-court expenses in addition to the total amount du. In the case the Customer is a Consumer only the statutory out-of-court expenses can be charged by Shella with a minimum of EUR 40,-.
- Shella is entitled to suspend/postpone delivery of Products until the moment Customer has paid any outstanding amount, including interest and costs, in full.
- Price increases within three (3) months of the order confirmation/conclusion of agreement are only allowed if they are a direct result of Dutch law or regulations.
- Shella is allowed to increase the prices after three (3) months after order confirmation/conclusion of agreement if they are a direct result of Dutch law or regulations. In this case the Customer has the right to terminate the order/agreement on the date the price increase is effective.
article 7 - cancellation right consumers
- Consumer has the right in case of a online buy at the Website to terminate the agreement/order without reason (“Cancellation Right”) within a reflection period (“Reflection Period”) of fourteen (14) days after receiving the Product (Shella has the right to ask for the reason of cancellation, but Consumer cannot be obliged to provide the reason.
- If Shella does not provide Consumer with the by law prescribed information about the Cancellation Right or does not provide Consumer with the model withdrawal form for the execution of the Cancellation Right the Reflection Period will end twelve (12) months after the reflection period stated in Article 7.1.
- If Shella provides Consumer with the in article 7.2 mentioned informat and/or model withdrawal form within twelve (12) months after the start date of the original Reflection Period, the Reflection Period will end fourteen (14) days after the Consumer receives the information and/or the model withdrawal form.
- Article 7.1 is also applicable on Customers, not being a Consumer.
article 8 - obligations of consumer during the reflection period
- Consumer will take due care of the Product and the packaging during the reflection period. Consumer will only unwrap and use the Product to the extent necessary to assess the nature, features and functioning of the Product. The starting point for the assessment by Consumer is the inspection Consumer would perform if buying the Product in a physical store.
- The Consumer is only liable for the devaluation of the Product which is the direct result of improper use beyond the use permitted in article 8.1.
- The Consumer is not liable for any devaluation under article 8.2 if Shella has not provide the required information about the Cancellation Right before or at the moment of conclusion of the agreement.
- Article 8.1 and article 8.2 are also applicable on Customers, not being a Consumer.
article 9 - performance of cancellation right consumer
- If Consumer makes use of his Cancellation Right he has to notify Shella within the reflection period using the model withdrawal form or by means of another unambiguously/ clear statement to: [email protected]
- As soon as possible, but within fourteen (14) days after the day following the notification mentioned in Article 9.1 Consumer will send the Product back to:
1073 HP Amsterdam
- Shella has a service and return policy: (HIER LINK NAAR RETURN POLICY)
- In any case the Consumer has returned the Product on time if he sends back the Product back before the end of the Reflection Period.
- The Consumer returns the Product back with all the delivered accessories, including but not limited to the attached seal and tag, and in original state and packaging, conform the reasonable and clear instructions of Shella: Place the items in the original shipping box or any other solid carton box
- Fill out the returns form and include it inside the box.
- Close the box and tape it securely.
- Send the package with return form to:
1073 HP Amsterdam
- The risk and onus of proof for the timely and accurate execution of the Cancellation Right rest with the Consumer.
- When returning Products that included a free gift, please be sure to include the free gift with the return or the refund amount will be adjusted to deduct the retail price of the free gift.
- This article is also applicable on Customers, not being a Consumer.
article 10 - cancellation right: obligations Shella
- If Shella receives the notification mentioned in article 9.1 Shella will promptly confirm the cancellation in writing or via e-mail.
- Shella will refund all payments made by Consumer to Shella in relation to the cancellation of the Product but will not refund any delivery or returning costs charged to Consumer for the Product, within fourteen (14) days of the notification of the cancellation. Shella has the right to suspend payment until Consumer provides proof that the Product has been send back to Shella.
- Repayment by Shella will be done by the same payment method used by Consumer, unless Consumer agrees to another payment method. Repayment will be fulfilled without costs for the Consumer.
- This article is also applicable on Customers, not being a Consumer. Article 11 Retention of title and rights
- All Products delivered to the Customer shall remain the property of Shella until such time as all amounts owed by Customer to Shella pursuant to the Agreement have been paid in full.
- All rights under this article are transferred to Customer under the condition Customer pays the agreed amounts on time and in full.
article 11 - force majeure
- Shella shall not be obliged to meet any obligations, including any guarantee obligation agreed between the Parties, and will not be liable for any damages, if it is prevented from meeting its obligations as a result of force majeure. Force majeure shall include: a situation of force majeure encountered by Shella’s own Suppliers, failure by secondary Suppliers engaged by Shella on the Customer’s instructions to duly meet their obligations, the defectiveness of items, hardware, software or materials provided by third Parties that Shella has been instructed to use by the Customer, government measures, electricity failure, faults affecting the internet, computer network or telecommunication facilities, war, workload, strike action, general transport problems and the unavailability of one or more members of staff.
- If a situation of force majeure lasts for longer than ninety (90) days, either of the Parties shall be entitled to terminate the Agreement in writing, without being liable to the other Party. Customer is not entitled to suspend or postpone the payment of any Products already delivered by Shella will in case necessary send an invoice to Customer for these Products.
article 12 - warranty
- The delivered Products are considered to meet the specifications agreed upon by Parties in the agreement/ order, unless Customer proofs otherwise. In any case the Products will be fit for normal use upon delivery.
- Customer has the obligation to inspect the Products upon delivery. Customer has the obligation to research the quantity and/or quality of the Products and to research if the quantity and/or quality meet the agreed requirements under the agreement/order.
- If Customer is of the opinion the delivered Products do not meet the agreed requirements, he must notify Shella in writing and with all the relevant details and pictures within fourteen (7) days after the Customer has or reasonable should have discovered the defects/shortcomings in the Products. The notification of Customer must include proof (pictures) that the delivered Products do not meet the agreed requirements.
- Customer will upon first request by Shella send the defect Product to Shella in Velserbroek or its Supplier for inspection:
1073 HP Amsterdam
- Customer will at all time take due care of the defect Products and in the case Customer has to send the Products back will take care of sufficient Packaging to avoid additional damages.
- Customer not being a Consumer is not entitled to suspend or postpone payment of the delivered Products.
article 13 - intellectual property
- All intellectual property rights provided by Shella under the agreement to the Customer including but not limited to trademarks, patents, copyrights, design rights, trade secrets, logo’s, software, source codes, data files, hardware or other materials such as analyses, designs, documentation, reports, quotations and related preliminary material developed shall remain exclusively vested in Shella, its licensors or its Suppliers. The Customer shall only acquire those rights of use that are explicitly granted in the agreement/order, these Terms and conditions and by law. Any rights of use granted to the Customer shall be non-exclusive, non-transferable, non-assignable to third Parties and non-sub licensable.
article 14 - liability
- The total liability of Shella due to an attributable failure to perform the agreement/order or due to any other reason, explicitly including any failure to comply with a guarantee obligation agreed with the Customer, shall be limited to compensation for direct damages not exceeding the sum of the agreement/order (excl. VAT in the case Customer is not a Consumer) or part of the agreement/order (for example the relevant defect Product of Customer) from which the liability of Shella derives from.
- Shella is not liable for incorrect use of the delivered Products by Customer or for use of the delivered Products for a purpose which the Product or Service is not suitable for.
- Except where performance by Shella is permanently impossible, Shella shall only be liable as a result of an attributable failure to perform an Agreement if the Customer gives Shella immediate notice of default in writing, setting a reasonable term in which the breach can be remedied, and Shella still attributably fails to meet its obligations after this period. The notice of default must contain as comprehensive and detailed a description of the breach as possible, in order to ensure that Shella has the opportunity to respond adequately.
- A condition for the existence of any right to compensation shall in all cases be that the Customer notifies Shella in writing of the loss or damage as soon as possible after it occurs, but no later than two (2) months after the establishment of the damage by the Customer. Any claims for damages against Shella shall expire by the mere passage of twelve (12) months from the date on which the claim arose.
- The exclusions and restrictions to Shella’s liability, as described in the preceding paragraphs of this article, shall not affect the remaining exclusions and restrictions to Shella’s liability set out in these Terms and conditions in any way.
- The exclusions and restrictions referred to in this shall no longer apply if and in so far as the loss is the result of intentional acts or deliberate recklessness on the part of Shella, it’s management or employees.
article 15 - privacy, data processing and security
- Shella treats all personal data (data which direct or indirect leads to the identification of a natural person) according to the General Data Protection Regulation (Algemene Verordening gegevensbescherming, AVG).
- If Shella is obliged to provide some form of information security, this security shall meet the specifications in respect of security agreed between the Parties in writing. If the agreement does not include an explicit description of security measures, the security measures shall be of such a level that, having regard to the state of the art, the sensitivity of the data and the costs associated with the implementation of the security measures are not unreasonable.
- All personal data provided by the Customer will only be used by Shella for the performance of the agreement/order including these Terms and Conditions and will only be provided to third Parties if necessary for the performance of the agreement/order and the goals agreed therein.
- Our store is hosted on Lightspeed. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Lightspeed’s data storage, databases and the general Lightspeed application. They store your data on a secure, protected server.
- Shella takes reasonable care to make their website secure. All credit/debit card transactions on this site are processed using Mollie, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered Shella user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
- To help ensure that your shipping experience is safe, simple, and secure, Shella uses Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
- “For questions or inquiries regarding our compliance of the AVG, feel free to contact us.”
article 16 - termination for breach
- Both of the Parties shall only be authorised to rescind the Agreement as a result of an attributable failure to perform this Agreement if the other Party, in all cases following written notice of default providing as many details as possible and setting a reasonable term in which the breach can be remedied, attributably fails to meet its fundamental obligations arising from this Agreement. The Customer’s payment obligations and all other obligations to cooperate imposed on the Customer or on a third Party to be engaged by the Customer shall in all cases be regarded as fundamental obligations arising from the Agreement.
- Either of the Parties shall be entitled to terminate the Agreement in part or in full, with immediate effect, in writing without notice of default if the other Party is granted a moratorium of payments, provisionally or otherwise, if a winding-up petition is filed in respect of the other Party, if the other Party’s company is wound up, to bankruptcy or the other Party’s company is declared or the other Party’s company is terminated for reasons other than reconstruction or the merger of companies, or if there is a change in the individual or board that has decisive control over the Customer’s company. Shella shall under no circumstances be obliged to reimburse any sums of money that have already been received or to pay any compensation in the event of such termination.
article 17 - terms and conditions
- All offers, agreements and other statements under which Shella will deliver Products to the Customer shall be subject to these General Terms and Conditions, except where specified otherwise in writing by Shella. All offers or statements by Shella are not binding for Shella, except where specified otherwise in writing by Shella.
- Additions to or deviations from these Terms and conditions shall only apply where agreed in writing between the Parties.
- Customer agrees to the Terms and Conditions upon placing an order for the delivery of Products with Shella. Shella has the right to alter, modify, change these Terms and Conditions. The altered Terms and Conditions will apply to the following order by Customer.
- The applicability of any of the Customer’s purchasing Terms and conditions or any other Terms and conditions is expressly rejected, unless agreed otherwise by Shella in writing.
- If Shella makes use of a third party for the execution of the agreement, for an example the delivery of Products, these Terms and Conditions are applicable.
- If any provision of these Terms and Conditions is null and void or is voided, the other provisions of these Terms and Conditions will remain fully in effect. In this case, Shella and the Customer will consult with one another to agree new provisions to replace the void or voided ones. In doing so, the purpose and meaning of the void or voided provision will be taken into account as far as possible.
article 18 - applicable law and disputes
- The Agreements between Shella and Customer are governed by Dutch law. The applicability of the Convention on Contracts for the International Sale of Goods 1980 is excluded.
- Any disputes that may arise between Shella and Customer on the basis of an agreement concluded between Shella and Customer or as a result of further agreements that arise from such an agreement, shall be will exclusively be brought before the competent civil court in Amsterdam, the Netherlands.
- The Consumer has in deviation from article 19.2 the right to bring any dispute between Parties before the competent civil court.
article 19 - taxes and duties
- All countries within the European Union are shipped on DDP (Delivery Duty Paid) basis, which means that taxes and duties are included in the final price. Important: Some countries outside the European Union, e.g. the United States, require an import duty payment upon arrival of your order. Shella does not reimburse these costs.
article 20 - important information
- All orders are fully traceable through your tracking code. Delivery times are provided as guidelines only, and do not take into account possible delays caused by payment authorization and/or stock availability.