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Article 1 – Identity

These are the general terms and conditions of Evina Jewelry.

Name of entrepreneur: Evina Jewelry

Registered at Veerpolderstraat 25-11 6833BN Arnhem, Netherlands

Email address: contact@evinajewelry.com

Chamber of Commerce number: 90733142 VAT number: NL004838253B66

Article 2 – Definitions

In these general terms and conditions, the following definitions apply:

Reflection period: the period within which a consumer can make use of his right of withdrawal;

Consumer: the natural person who does not act for purposes related to his trade, business, craft, or profession;

Day: calendar day;

Durable medium: any tool – including email – that enables the consumer or Evina Jewelry to store information addressed to him personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended and which allows the unchanged reproduction of the stored information;

Right of withdrawal: the consumer’s ability to withdraw from the distance contract within the cooling-off period;

Distance contract: a contract concluded between Evina Jewelry and a consumer as part of an organized system for distance selling of products, whereby only or partly use is made of one or more techniques for distance communication up to and including the conclusion of the contract;

Technique for distance communication: means that can be used to conclude a contract without the consumer and Evina Jewelry having to come together in the same space at the same time.

Article 3 – Applicability

These general terms and conditions apply to every offer from Evina Jewelry and to every distance contract concluded between Evina Jewelry and a consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that they can be stored by the consumer on a durable medium. If this is not reasonably possible, Evina Jewelry will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected electronically and that they will be sent free of charge to the consumer electronically or in another way upon request.

Article 4 – The offer

If an offer has a limited validity or is subject to conditions, this will be explicitly stated in the offer.

Obvious mistakes or obvious errors in the offer of products do not bind Evina Jewelry.

Every 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 agreement

The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set.

If the consumer has accepted the offer electronically, Evina Jewelry will immediately confirm receipt of the acceptance of the offer electronically.

Evina Jewelry will provide the following information to the consumer at the latest upon delivery of the product to the consumer:

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 warranties and existing after-sales service;

The price including all taxes of the product, if applicable the delivery costs and the method of payment, delivery, or implementation of the distance contract;

Article 6 – Right of withdrawal

The consumer can dissolve a contract relating to the purchase of a product within a cooling-off period of 14 days without giving any reason. Evina Jewelry may ask the consumer for the reason for the withdrawal, but the consumer is not obliged to provide his reason(s). (Europe only)

The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:

Article 7 – Obligations of the consumer during the cooling-off period

 During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

The consumer is liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises his right of withdrawal, he will report this within the cooling-off period in an unambiguous manner to Evina Jewelry.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product, or hand it over to (a representative of) Evina Jewelry. This does not have to be done if Evina Jewelry has offered to collect the product itself. The consumer has in any case observed the return period if he returns the product before the cooling-off period has expired.

The consumer returns the product with all delivered accessories, in the original condition and packaging, and in accordance with the instructions provided by Evina Jewelry. It is the responsibility of the consumer to ensure that the return package is received in good order. If this is not the case, Evina Jewelry may refuse the return shipment.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

The consumer bears the direct costs of returning the product.

Further necessary information about returning a product is stated on the website.

If the consumer exercises his right of withdrawal, all additional agreements are dissolved by operation of law.

Article 9 – Obligations of Evina Jewelry in case of withdrawal

Evina Jewelry will reimburse all payments made by the consumer, excluding any delivery costs charged by Evina Jewelry for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal.

Evina Jewelry will use the same means of payment for reimbursement that the consumer has used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

Article 10 – The price

During the validity period mentioned in the offer, the prices of the offered products will not be increased, except for price changes due to changes in VAT rates.

The prices stated in the product offerings are inclusive of VAT.

Article 11 – Performance of the contract and additional warranty

Evina Jewelry guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

In any case, no claim can be made under paragraph 1 of this article (i) in case of damage by intent or negligence, (ii) in case of normal wear and tear and/or (iii) in case of damage caused by failure to observe or correctly observe the instructions for use or usage instructions.

An additional warranty provided by Evina Jewelry, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against Evina Jewelry under the agreement if Evina Jewelry has failed to fulfill its part of the agreement.

An additional warranty is understood to mean any commitment by Evina Jewelry, its supplier, importer, or manufacturer in which it grants the consumer certain rights or claims that go beyond what is legally required in the event it has failed to fulfill its part of the agreement.

Article 12 – Delivery and execution

Evina Jewelry will exercise the greatest possible care when receiving and executing orders for products.

Delivery takes place while supplies last.

Ownership of delivered products passes to the consumer after the amount owed has been paid. The risk of the products passes to the consumer at the time of delivery to the consumer.

The address provided by the consumer to Evina Jewelry applies as the place of delivery.

The consumer must provide the correct address and email address to Evina Jewelry. Any changes to this must also be communicated to Evina Jewelry in a timely manner. If the consumer has provided an incorrect address for delivery, this is at the consumer’s risk.

Evina Jewelry will execute accepted orders with due speed but no later than within 7 days, unless a different delivery period has been agreed.

After dissolution in accordance with the previous paragraph, Evina Jewelry will immediately refund the amount paid by the consumer.

The risk of damage and/or loss of products rests with Evina Jewelry until the moment of delivery to the consumer or a previously designated and made known representative of Evina Jewelry, unless expressly agreed otherwise.

Article 13 – Payment

Evina Jewelry offers the following secure payment methods:

Credit/Debit Cards: Enjoy the ease of paying with your Visa, Mastercard, American Express, or Discover card.

PayPal: Use your PayPal account for a quick and hassle-free checkout experience.

iDEAL: Securely pay for your purchases directly from your bank account, a widely used and trusted payment method in the Netherlands.

Bank Transfer: Make payments directly from your bank account for added convenience and security.

Bancontact: Conveniently pay for your purchases from your Belgian bank account with Bancontact, a popular and trusted payment method in Belgium.

If payment has been made by means of a gift card, upon returning products, the buyer can only receive a new credit for the gift card. Gift cards and the remaining value of gift cards are in no case exchangeable for cash. The remaining value of the gift card can be used in subsequent orders.

Article 14 – Force majeure

Evina Jewelry and the consumer are not obliged to fulfill any obligation if they are prevented from doing so as a result of circumstances that are not due to their fault, and neither under the law, a legal act, or prevailing views in society are at their expense.

Article 15 – Complaints procedure

Evina Jewelry has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted to Evina Jewelry as soon as possible after the consumer has discovered the defects, fully and clearly described.

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

Article 16 – Miscellaneous

Any deviations from these general terms and conditions can only be agreed upon in writing. No rights can be derived from such deviations with regard to later legal relationships.

The administration of Evina Jewelry serves, unless proven otherwise, as proof of the requests and/or orders made by the consumer. The consumer acknowledges that electronic communication can serve as evidence.

Evina Jewelry is entitled to transfer the rights and obligations under the agreement with you to a third party by a single notice to you.

If and insofar as any provision of these general terms and conditions is declared void or annulled, the remaining provisions of these general terms and conditions will remain in full force and effect. Evina Jewelry will then establish a new provision to replace the void/annulled provision, taking into account as much as possible the purport of the void/annulled provision.

Article 17 – Applicable law and jurisdiction

Dutch law applies exclusively to agreements, and all resulting non-contractual obligations, between Evina Jewelry and the consumer to which these general terms and conditions apply.

Date of last update: March 31st 2024

By proceeding with a purchase on the Evina Jewelry Webshop, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.