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Terms and Conditions

Introduction

These are our General Terms and Conditions. These General Terms and Conditions always apply when you use our Website or place an order through our Website, and they contain important information for you as a buyer. Please read them carefully. We also recommend that you save or print these General Terms and Conditions so that you can consult them at a later time.

Terms & Conditions: Tekst

Article 1.Definitions

  • 1.1 Fleur Caroline: based in Amsterdam and registered with the Chamber of Commerce under file number 61521620, trading as Fleur Caroline. 

  • 1.2 Website: the Website of Fleur Caroline, to be found on www.fleurcaroline.com and all of its subdomains.

  • 1.3 Customer: the natural person or corporation who enters into an agreement with Fleur Caroline and/or is registered on the Website.

  • 1.4 Agreement: any arrangement or agreement between Fleur Caroline and Customer of which the General Terms and Conditions are an integral part.

  • 1.5 General Terms and Conditions: these General Terms and Conditions.

Terms & Conditions: Tekst

Article 2. Applicability of the General Terms and Conditions

  • 2.1.The General Terms and Conditions apply to all offers, agreements and deliveries of Fleur Caroline, unless explicitly agreed otherwise in writing.

  • 2.2. If Customer in his order, confirmation or any other communication alleging acceptance of the General Terms and Provisions includes any provisions that differ from, or are not included in the General Terms and Conditions, such provisions will only be binding upon Fleur Caroline if and in so far as Fleur Caroline has accepted them in  writing.

  • 2.3. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, Customer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions.

Terms & Conditions: Tekst

Article 3. Prices and information

  • 3.1. All prices posted on the Website and in other materials originating from Fleur Caroline include taxes and other levies imposed by the government, unless stated otherwise on the website.

  • 3.2. If shipping costs are charged, these will be clearly stated in good time before the contract is concluded. These costs will also be displayed separately in the ordering process. You can usually choose between picking up your order (for free) or posting through postnl. Their prices are displayed on their website and you can pick your own postal option. Read more on the shipping page.

  • 3.3. The content of the Website is composed with the greatest care. Fleur Caroline cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information posted on the Website and in other materials originating from Fleur Caroline are subject to obvious programming and typing errors.

  • 3.4. Fleur Caroline cannot be held responsible for deviations in colour that result from the quality of the colours displayed on the screen. Also, natural materials are always unique and every piece is crafted by hand which will always be visible. There will always be slight variations in colour and appearance that will add to the charm of the piece.

Terms & Conditions: Tekst

Article 4. Conclusion of the Agreement

  • 4.1. The Agreement will be deemed to be concluded at the moment Customer accepts the offer of Fleur Caroline subject to the conditions laid down by Fleur Caroline.

  • 4.2. If Customer has accepted the offer by electronic means, Fleur Caroline will confirm receipt of acceptance of the offer by electronic means without delay. Until such receipt of acceptance is confirmed, Customer will have the possibility to terminate the Agreement.

  • 4.3. If it is found that, in accepting or otherwise entering into the Agreement, Customerhas provided incorrect data, Fleur Caroline will have the right to postpone the Agreement until the correct data is received.

Terms & Conditions: Tekst

Article 5. Execution of the Agreement

  • 5.1 In case of a ready to ship piece, as soon as Fleur Caroline has received the order, it will send the products to Consumer without delay and with due regard for the provisions of paragraph 3 of this article. In case of a custom order, your order will be crafted within the estimated timeframe and you will receive a message about pick-up or shipping when the piece is finished.

  • 5.2 Fleur Caroline is authorised to engage third parties in the fulfilment of its obligations under the Agreement.

  • 5.3In principle, the delivery term is 2 to 8 weeks. Delivery may be effected in various ways, at the discretion of Fleur Caroline. Fleur Caroline is not responsible for delays at postal services so it is recommended to place your order well on time.

  • 5.4 If Fleur Caroline is unable to deliver the products within the agreed term, it will notify Consumer accordingly. In that case Consumer can decide either to agree to a new delivery date or to terminate the Agreement without incurring any costs.

  • 5.5 Fleur Caroline advises Consumer to inspect the products upon delivery and to report any defects immediately, preferably through Instagram messages, in writing or by email. For further details, see the article about guarantee and conformity.

  • 5.6 The risks associated with the products will transfer to Consumer as soon as the products are delivered at the agreed delivery address.

  • 5.7 If the ordered product can no longer be supplied, Fleur Caroline is entitled to deliver a product which is comparable in nature and quality to the ordered product. In that case, Consumer will have the right to terminate the Agreement without incurring any costs and to return the product free of charge.

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Article 6. Right of withdrawal / return

  • 6.1 This article only applies if Consumer is a natural person who is not acting in his or her professional or commercial capacity. Business Consumers therefore have no right of withdrawal.

  • 6.2 Consumer will have the right to dissolve the distance Agreement with Fleur Caroline within 14 days after receiving the product, free of charge and without stating reasons. Please read article 6.11 for the execptions.

  • 6.3 The term commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:

·      if the delivery of a product involves different deliveries or parts: the day on which Consumer, or a third party designated by Consumer, received the last delivery or the last part;

·      with contracts for the regular delivery of products during a given period: the day on which Consumer, or a third party designated by Consumer, received the last product;

·      if Consumer has ordered several products: the day on which Consumer, or a third party designated by Consumer, received the last product.

  • 6.4 Only the direct costs incurred for the return shipment are for Consumer's account. This means that Consumer will have to pay the costs of returning the product. Any shipping costs paid by Consumer and the purchase price paid for the product will be refunded to Consumer if the entire order is returned.

  • 6.5 During the withdrawal period referred to in paragraph 1, Consumer will treat the product and its packaging with the utmost care. Consumer may not open the packaging or use the product unless this is necessary in order to determine the nature of the products, their features and their operation. Warn / used pieces may not be returned.

  • 6.6 Consumer is only liable for the product's devaluation that is a consequence of his handling the product other than as permitted.

  • 6.7 Consumer can terminate the Agreement in accordance with paragraph 1 of this article by reporting the withdrawal (digital or in other form) to Fleur Caroline, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way. If Fleur Caroline makes it possible for Consumer to declare his withdrawal via electronic/digital means, then after receiving such a declaration, Fleur Caroline sends immediate confirmation of receipt.

  • 6.8 As quickly as possible, but no later than 14 days after the day of reporting as referred to in paragraph 1, Consumer shall return the product, or hand it over to (a representative of) Fleur Caroline. Consumer can send the product directly to Fleur Caroline without a notice of withdrawal in advance within the period as mentioned in paragraph 1. Consumer must, in this case, include a written notice of withdrawal, such as the model form.


Products can be returned to the following address:

Fleur Caroline
Sloterweg 1234
1066CW, Amsterdam

  • 6.9 Any amounts already paid by Consumer (in advance) will be refunded to Consumer as soon as possible, and in any case within 14 days after dissolution of the Agreement. If Consumer chose an expensive method of delivery in preference to the cheapest standard delivery, Fleur Caroline does not have to refund the additional costs of the more expensive method. Except in cases in which Fleur Caroline has offered to retrieve the product herself, she can postpone refunding until he has received the product or until Consumer proves he has returned the product, depending on which occurs earlier.

  • 6.10Information about the applicability or non-applicability of a right of withdrawal and any required procedure will be posted clearly on the Website, well before the Agreement is concluded.

  • 6.11 The right of withdrawal does not apply to:

·      Products that Fleur Caroline has created in accordance with the consumer's specifications; This includes all custom made pieces that are made to size and to the preferences of the consumer.

·      Down payments of maximum 50% of the full amount that were made to confirm a custom order

·      Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;

Terms & Conditions: Tekst

Article 7. Payment

  • 7.1. Customer shall pay the amounts due to Fleur Caroline in accordance with the ordering procedure and any payment methods indicated on the Website or in correspondance. Fleur Caroline is free to offer any payment method of its choice and may change these methods at any time. All payment needs to be done before delivery.

Terms & Conditions: Tekst

Article 8. Warranty and conformity

  • 8.1.This article only applies if Consumer is a natural person who is not acting in his or her professional or commercial capacity. If Fleur Caroline gives a separate warranty on the products then, without prejudice to the aforesaid, this applies to all types of Consumers.

  • 8.2. Fleur Caroline guarantees that the products are in conformity with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations that are in force from the date of entering into the Agreement. If specifically agreed, Fleur Caroline also guarantees that the product is suitable for other than normal use.

  • 8.3. All jewelry is handcrafted from natural materials and therefore needs to be handled with care. Fleur Caroline doesn’t offer any warranties on normal wear and tear. Marks of wearing may add to the charm and character of the piece.

  • 8.4. Fleur Caroline doesn’t offer any warranties on scratching or breaking of gemstones and gemstone-like materials, on settings and on loss of any parts / gemstones. All natural materials can break or get scratched and it is advisable to have your settings checked by a professional jeweler once a year.

  • 8.5. If the delivered product is not in conformity with the Agreement, Consumer must inform Fleur Caroline immediately after he has discovered the defect.

  • 8.6. If Fleur Caroline deems the complaint to be correct, the faulty product(s) will be repaired, replaced or refunded in consultation with Consumer. The maximum amount of compensation is, having regard to the Article on liability, equal to the price paid by Consumer for the product.

Terms & Conditions: Tekst

Article 9. Complaints handling procedure

  • 9.1. If Customer has any grievances in connection with a product (in accordance with the article on warranties and conformity) and/or about other aspects of Fleur Caroline's service, it can submit a complaint by Instagram messaging, by email or by post. See the contact details at the bottom of the General Terms and Conditions.

  • 9.2. Fleur Caroline will respond to the complaint as soon as possible, and in any case within 7 days after having received it. If it is not yet possible for Fleur Caroline to formulate a substantive reaction to the complaint by that time, Fleur Caroline will confirm receipt of the complaint within 7 days after having received it and give an indication of the term within which it expects to be able to give a substantive or definitive reaction to Customer's complaint.

  • 9.3. If Customer is a natural person who is not acting in his or her professional or commercial capacity, it can file a complaint through the European Online Dispute Resolution platform, available at: http://ec.europa.eu/odr/.

Terms & Conditions: Tekst

Article 10. Personal details

  • 10.1. Fleur Caroline will process the Consumer's personal details in accordance with the privacy statement published on the Website.

Terms & Conditions: Tekst

Article 11. Final provisions

  • 11.1. This agreement is governed by the laws of the country of establisment of the website.

  • 11.2. Insofar as not dictated otherwise by mandatory law, any disputes ensuing from the Agreement will be submitted to the competent Dutch court in the district where Fleur Caroline has its registered office.

  • 11.3. If any provision set out in these General Terms and Conditions should prove to be void, this will not affect the validity of the General Terms and Conditions as a whole. In that case, the Parties will lay down one or more new provisions in replacement which will reflect the original provision as much as is possible under the law.

  • 11.4. The term 'written' in these General Terms and Conditions also refers to communication by email and fax or Instagram messaging, provided that the sender's identity and the integrity of the email message have been sufficiently established.

Terms & Conditions: Tekst

Contact details

Should you have any questions, complaints or comments after reading these General Terms and Conditions, please contact us by email or letter.

Fleur Caroline
Sloterweg 1234
1066CW, Amsterdam

-NO VISITING ADDRESS-

Instagram: @fleur_caroline
Email: info@fleurcaroline.com

Chamber of Commerce: 61521620
VAT: NL001792060B14

Terms & Conditions: Tekst
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