General Terms & Conditions
ARTICLE 1. | DEFINITIONS
In these general terms and conditions, the following terms, always capitalized, are used with the following meaning.
Unhandled: the user of these general terms and conditions, located at Nijverheidssingel 95 in Breda, registered in the Trade Register under Chamber of Commerce number 88250318.
Consumer: any natural person, not acting in the exercise of a profession or business, with whom Unhandled has concluded or intends to conclude an Agreement.
Parties: Unhandled and the Consumer jointly.
Agreement: every purchase agreement concluded between the Parties through the ordering process on the Website, in the context of which Unhandled has committed itself to the delivery of Products to the Consumer at a further agreed price.
Website: unhandled.nl.
Products: all goods to be delivered by Unhandled to the Consumer in the context of the Agreement, including, but not limited to, jewelry.
Written: communication in writing, communication by e-mail or any other form of communication that can be equated with this in view of the state of the art and the prevailing views in society.
ARTICLE 2. | GENERAL PROVISIONS
These general terms and conditions apply to every offer of Unhandled, as published on the Website, and every concluded Agreement.
Destruction or nullity of one or more of the provisions of these general terms and conditions does not affect the validity of the other provisions. In such a case, the Parties are obliged to enter into mutual consultation in order to make an alternative arrangement with regard to the affected clause. In doing so, the purpose and purport of the original provision will be taken into account as much as possible.
ARTICLE 3. | OFFER AND CONCLUSION OF THE AGREEMENT
Every offer from Unhandled is without obligation and is subject to sufficient availability of the Products offered.
The Consumer cannot derive any rights from an offer from Unhandled that contains an obvious error or mistake.
Without prejudice to the provisions of paragraph 1, the Agreement is concluded at the moment that the offer from Unhandled has been accepted by the Consumer in the appropriate manner. Subsequently, Unhandled will confirm the order to the Consumer by e-mail, without prejudice to the provisions of paragraph 1.
ARTICLE 4. | RIGHT OF DISSOLUTION
Subject to the provisions of the rest of this article and in particular the provisions of the following paragraph, the Consumer may dissolve the Agreement in whole or in part up to 30 days after the Products have been received by or on behalf of him, without giving reasons.
The Consumer has no right of dissolution in the case of:
Products manufactured according to the Consumer's specifications that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the Consumer, or that are clearly intended for a specific person;
the delivery of Products in respect of which the right of dissolution is otherwise excluded or does not apply pursuant to Section 6.5.2B of the Dutch Civil Code.
The Consumer can dissolve the Agreement by submitting a request to Unhandled by e-mail or by using the model withdrawal form offered by Unhandled. As soon as possible after Unhandled has been notified of the Consumer's intention to terminate the Agreement and if the conditions of this article have been met, Unhandled will confirm the termination of the Agreement by e-mail.
During the period referred to in paragraph 1, the Products to be returned and their packaging must be handled with care. The Consumer may only handle and inspect the Products to the extent necessary to assess the nature and characteristics of the Products. The starting point here is that the Products may only be handled and inspected as they would be allowed in a physical store.
If the Consumer makes use of the right of dissolution, he will return the Products undamaged, with all accessories supplied and in the original condition and packaging to Unhandled.
The Consumer is liable for any depreciation of the Products that is the result of a way of handling the Products that goes beyond what is permitted under paragraph 4. Unhandled is entitled to charge this depreciation to the Consumer, whether or not this depreciation against the payment already received from the Consumer.
Return of the relevant Products must take place within 14 days after the Consumer has invoked the right of dissolution in accordance with paragraph 3.
If the Consumer makes use of the right of dissolution, the costs of returning the Products will be borne by the Consumer.
Unhandled will refund the payment received from the Consumer, minus any reduction in value as referred to in paragraph 6, to the Consumer as soon as possible, but no later than 14 days after the dissolution of the Agreement, provided that the Products have been received back by Unhandled, or it has been demonstrated by the Consumer that the Products have actually been returned. Unhandled is not obliged to refund the additional costs if the Consumer has expressly opted for a method of standard delivery other than the least expensive method of delivery offered by Unhandled.
ARTICLE 5. | DELIVERY OF THE PRODUCTS & DELIVERY TERMS
The delivery of the Products takes place at the agreed place and manner. In the case of delivery, delivery will take place at the delivery address specified by the Consumer.
Unhandled reserves the right to deliver orders in parts. In that case, any cooling-off period of the Consumer in connection with the right of dissolution as referred to in Article 4 will only commence at the moment that the last partial delivery from the order has been received by or on behalf of the Consumer.
The risk of loss and damage to the Products passes to the Consumer at the moment the Products are received by or on behalf of the Consumer.
Unhandled makes every effort to comply with the delivery term agreed between the Parties. However, all delivery terms stated by Unhandled can only be regarded as indicative, non-fatal terms. In the event of a (expected) delayed delivery, Unhandled will endeavor to inform the Consumer of this as soon as possible by e-mail. The default of Unhandled does not take effect until after the Consumer has given Unhandled written notice of default, in which notice a reasonable period is stated within which Unhandled can still fulfill its delivery obligation and the fulfillment thereof has still not been done after the expiry of the last-mentioned period.
If the agreed delivery term is exceeded, the Consumer is never entitled to refuse to take delivery of the Products to be delivered and to comply with the other obligations under the Agreement.
If Unhandled incurs additional costs as a result of a circumstance attributable to the Consumer, for example in connection with multiple delivery attempts, these additional costs will be borne by the Consumer.
ARTICLE 6. | CONFORMITY
Unhandled guarantees that the Products comply with the Agreement and thus possess those properties that are required for normal use thereof (conformity). Any warranty provided by Unhandled, manufacturer or importer does not affect the mandatory legal rights and claims that the Consumer can enforce against Unhandled.
The right of the Consumer to make a claim or defense in connection with the existence of a defect in a Product lapses if the Consumer has not complained to Unhandled within two months after the discovery of the defect.
No grounds for complaints and claims under warranty or non-conformity are defects of Products as a result of an external cause after delivery or as a result of another circumstance not attributable to Unhandled. This is understood to mean, without limitation, defects as a result of damage, natural wear and tear, damage caused by war, incorrect or improper treatment, incorrect or improper use and making changes to the delivered goods, including repairs or other repairs that are not subject to prior Written consent of Unhandled have been performed.
Products can, subject to the provisions of Article 4, never be returned without prior Written permission from Unhandled.
ARTICLE 7. | FORCE MAJEUR
Unhandled is not obliged to comply with any obligation under the Agreement if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it under the law, a legal act or generally accepted views (force majeure). Force majeure is, in addition to what is understood in this respect in law and jurisprudence, understood as errors or shortcomings of suppliers of Unhandled, transport difficulties, epidemics, pandemics, disease, fire, measures taken by any government, violent or armed actions, failures in communication connections or in equipment or software of Unhandled or third parties.
If the force majeure situation makes compliance with the Agreement permanently impossible, the Parties are entitled to dissolve the Agreement with immediate effect.
If Unhandled has already partially fulfilled its delivery obligations upon the commencement of the force majeure situation, or can only partially fulfill its delivery obligations, it is entitled to separately charge the already delivered part or still deliverable part of the Agreement as if there were an independent agreement.
Damage as a result of force majeure is never eligible for compensation, without prejudice to the application of the previous paragraph.
ARTICLE 8. | PRICES & PAYMENTS
Before the Agreement is concluded, the total price is stated, including VAT and any delivery costs.
Payment must be made on one of the payment methods designated by Unhandled. In case of advance payment, Unhandled is not obliged to deliver the Products until after the Consumer has paid the amount owed by him to Unhandled.
If timely payment is not made, the default of the Consumer will take effect by operation of law. From the day the Consumer is in default, the Consumer owes the then applicable statutory interest on the outstanding amount.
All reasonable costs, such as judicial, extrajudicial and execution costs, incurred to obtain the amounts owed by the Consumer, will be borne by the Consumer, one other in accordance with the Collection Costs Act.
ARTICLE 9. | LIABILITY
The Consumer bears the damage caused by inaccuracies or incompleteness in the information provided by him. Furthermore, the Consumer bears the damage caused by a shortcoming in the fulfillment of the obligations of the Consumer arising from the law or the Agreement, as well as another circumstance that cannot be attributed to Unhandled.
Unhandled's liability is limited to a maximum of the invoice value of the Agreement, or at least to that part of the Agreement to which Unhandled's liability relates, on the understanding that this limitation does not extend beyond what is permitted under Article 7:24 paragraph 2 of the Civil Code.
ARTICLE 10. | COMPLAINT POLICY
Complaints regarding the implementation of the Agreement must be submitted to Unhandled within a reasonable time, fully and clearly described, by e-mail (info@unhandled.nl).
Complaints submitted to Unhandled will be answered within a period of fourteen days after receipt. If a complaint or question requires a longer processing time, a reply will be given within fourteen days with a confirmation of receipt and an indication of when the Consumer can expect a more detailed answer.
If a complaint from the Consumer cannot be resolved in mutual consultation, the Consumer can submit the dispute to the Disputes Committee via the ODR platform (europa.eu/consumers/odr/).
ARTICLE 11. | FINAL PROVISIONS
All Products delivered by Unhandled to the Consumer remain the property of Unhandled until the Consumer has fulfilled all his payment obligations in this respect.
Dutch law applies exclusively to each Agreement and all legal relationships arising therefrom between the Parties.
The parties will not appeal to the court until they have made every effort to settle the dispute in mutual consultation.