General Terms and Conditions

ARTICLE 1. | DEFINITIONS

In these general terms and conditions, the following terms, always indicated with a capital letter, are used in the following sense.

  1. Charlotte Wooning: the user of these General Terms and Conditions, having its registered office at Hoogstraat 8-A, 3011PN in Rotterdam, registered in the Trade Register under Chamber of Commerce number 67758991.
  2. Consumer: any natural person, not acting in the course of a profession or business, with whom Charlotte Wooning has entered into, or intends to enter into, an Agreement.
  3. Parties: Charlotte Wooning and the Consumer jointly.
  4. Agreement: any purchase agreement entered into by Parties through the ordering process on the Website, within which Charlotte Wooning undertakes to deliver Products to Consumer for a price to be agreed.
  5. Website: charlottewooning.com.
  6. Products: all goods to be delivered by Charlotte Wooning to Consumer within the framework of the Agreement, which may include, but are not limited to, jewellery.
  7. In writing: communication in writing, by e-mail or any other means of communication which, in view of the state of the art and generally accepted practice, can be regarded as equivalent to this.

ARTICLE 2. | GENERAL PROVISIONS

  1. These General Terms and Conditions shall apply to any offer made by Charlotte Wooning, as published on the Website, and to any Agreement entered into.
  2. The nullity or invalidity of one or more provisions of these general terms and conditions shall not affect the validity of the remaining provisions. In such a case, the Parties shall be obliged to consult with each other in order to reach a substitute arrangement with regard to the clause affected. In doing so, the purpose and purport of the original provision shall be taken into account as much as possible.

ARTICLE 3. | OFFER AND CONCLUSION OF THE AGREEMENT

  1. Any offer made by Charlotte Wooning shall be free of obligation and made subject to sufficient availability of the Products offered.
  2. The Consumer cannot derive any rights from an offer by Charlotte Wooning that contains an obvious mistake or error.
  3. Without prejudice to the provisions of paragraph 1, the Agreement shall be concluded at the moment when the offer of Charlotte Wooning has been accepted by Consumer in the designated manner. Subsequently, and without prejudice to the provisions of paragraph 1, Charlotte Wooning shall confirm the order to Consumer by email.

ARTICLE 4. | RIGHT OF DISSOLUTION

  1. Subject to the provisions of the remainder of this Article and in particular those of the following paragraph, the Consumer may dissolve the Contract, in whole or in part, without giving reasons, up to 30 days after the Products have been received by him or on his behalf.
  2. The Consumer has no right of rescission in the event of:
  3. Products made to the Consumer's specifications that are not prefabricated and are manufactured on the basis of an individual choice or decision by the Consumer, or are clearly intended for a specific person;
  4. 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.
  5. The Consumer may terminate the Agreement by submitting a request to that effect to Charlotte Wooning by email or by making use of the model withdrawal form provided by Charlotte Wooning. Charlotte Wooning shall confirm the dissolution of the Agreement by email as soon as possible after having informed Charlotte Wooning of the Consumer's intention to dissolve the Agreement, and if the conditions of this article have been fulfilled.
  6. 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 in this respect is that the Products may only be handled and inspected as one would be allowed to do in a physical shop.
  7. In case Consumer makes use of the right of rescission, he shall return the Products to Charlotte Wooning undamaged, with all delivered accessories and in the original state and packaging.
  8. The Consumer shall be liable for any diminution in value of the Products caused by a manner of handling the Products that goes beyond what is permitted in accordance with paragraph 4. Charlotte Wooning shall be entitled to charge this diminution in value to the Consumer, whether or not by setting off this diminution in value against the payment already received from the Consumer.
  9. The Products in question must be returned within 14 days after the Consumer has invoked the right of dissolution in accordance with paragraph 3.
  10. If the Consumer makes use of the right of dissolution, the costs of returning the Products shall be borne by the Consumer.
  11. Charlotte Wooning shall return the payment received from the Consumer, less any decrease in value as referred to in paragraph 6, to the Consumer as soon as possible, but not later than within 14 days after dissolution of the Agreement, provided that the Products have been received back by Charlotte Wooning, or that the Consumer has provided evidence that the Products have actually been returned. Charlotte Wooning shall not be obliged to refund the additional costs, if the Consumer has expressly opted for a manner other than the least expensive manner of standard delivery offered by Charlotte Wooning.

ARTICLE 5. | DELIVERY OF THE PRODUCTS & DELIVERY TERMS

  1. The delivery of the Products shall take place at the agreed place and in the agreed manner. In case of delivery, delivery shall take place at the delivery address provided by the Consumer.
  2. Charlotte Wooning reserves the right to deliver orders in parts. In that case any cooling-off period of the Consumer in connection with the right of termination as referred to in Article 4 shall only commence at the moment the last partial delivery from the order has been received by or on behalf of the Consumer.
  3. The risk of loss and damage to the Products shall pass to the Consumer at the moment when the Products are received by or on behalf of the Consumer.
  4. Charlotte Wooning shall make every effort to meet the delivery dates agreed upon between Parties. However, any and all delivery dates stated by Charlotte Wooning shall be considered indicative only, and not strict deadlines. In the event of an (anticipated) delay in delivery, Charlotte Wooning shall make every effort to notify the Consumer thereof by email as soon as possible. Charlotte Wooning shall not be in default until after the Consumer has served notice of default on Charlotte Wooning in writing, stating a reasonable term within which Charlotte Wooning may still fulfill its obligation to deliver, and if the latter term has elapsed without Charlotte Wooning still being in default.
  5. If the agreed delivery period is exceeded, the Consumer shall never be entitled to refuse to take delivery of the Products to be delivered or to fulfil the other obligations under the Agreement.
  6. In case Charlotte Wooning incurs additional costs as a result of circumstances attributable to the Consumer, for instance in connection with multiple delivery attempts, these costs shall be borne by the Consumer in addition.

ARTICLE 6. | CONFORMITY

  1. Charlotte Wooning guarantees that the Products comply with the Agreement, and as such possess the characteristics required for normal use thereof (conformity). Any guarantee provided by Charlotte Wooning, the manufacturer or the importer shall not affect the mandatory statutory rights and claims that the Consumer may enforce against Charlotte Wooning.
  2. The Consumer's right to submit a claim or put forward a defence with regard to the existence of a defect in a Product shall lapse in the event that no complaint is submitted to Charlotte Wooning within two months from the discovery of the defect by the Consumer.
  3. No ground for complaints and claims for warranty or non-conformity shall be provided in respect of defects in Products resulting from an external cause beyond the control of Charlotte Wooning after delivery, or as a result of any other circumstance not attributable to Charlotte Wooning. This shall include, but not be limited to, defects caused by damage, natural wear and tear, war damage, improper or injudicious handling, improper or injudicious use, and any changes made to the Products delivered, including repairs or other types of repairs that have not been performed with the prior written consent of Charlotte Wooning.
  4. Subject to the provisions of Article 4, Products can never be returned without the prior written consent of Charlotte Wooning.

ARTICLE 7. | FORCE MAJEURE

  1. Charlotte Wooning is not obliged to comply with any obligation resulting from the Agreement if and for as long as it is obstructed in doing so as a result of circumstances for which it cannot be held accountable by virtue of the law, a juristic act or generally accepted practice (force majeure). In addition to what is understood in this respect in the law and in case law, force majeure shall be understood to include failures or deficiencies on the part of Charlotte Wooning's suppliers, transport difficulties, epidemics, pandemics, illness, fire, measures taken by any government authority, violent or armed actions, faults in communication links or in equipment or software belonging to Charlotte Wooning or third parties.
  2. If the force majeure situation renders compliance with the Agreement permanently impossible, the Parties shall be entitled to dissolve the Agreement with immediate effect.
  3. In case Charlotte Wooning has already partially fulfilled its obligations to deliver when the situation of Force Majeure arises, or can only partially fulfil its obligations to deliver, it shall be entitled to charge separately for that part of the Agreement already fulfilled, or that part which can still be fulfilled, as if it were an independent Agreement.
  4. Damage caused by force majeure shall never be eligible for compensation, without prejudice to the application of the previous paragraph.

ARTICLE 8. | PRICES & PAYMENTS

  1. Before the Agreement is concluded, the total price shall be stated, including VAT and any delivery charges.
  2. Payment shall be made by one of the payment methods indicated by Charlotte Wooning. In case of payment in advance, Charlotte Wooning shall not be obliged to deliver the Products until after the Consumer has paid the amount owed to Charlotte Wooning.
  3. If payment is not made in time, the Consumer shall be in default by operation of law. From the day the Consumer is in default, the Consumer must pay the statutory interest rate applicable at the time over the outstanding amount.
  4. All reasonable costs, such as judicial, extrajudicial and execution costs, incurred to obtain the amounts owed by the Consumer, shall be borne by the Consumer, in accordance with the Dutch Collection Costs Act.

ARTICLE 9. | LIABILITY

  1. The Consumer shall bear the damage caused by inaccuracies or incompleteness in the information provided by him. Furthermore, the Consumer shall bear the damage caused by any failure on the part of the Consumer to fulfill his obligations resulting from the law or the Agreement, as well as any other circumstance that cannot be imputed to Charlotte Wooning.
  2. Charlotte Wooning's liability shall be limited to the invoice value of the Agreement, or at least to that part of the Agreement to which Charlotte Wooning's liability relates, on the understanding that this limitation shall not extend beyond what is permitted pursuant to Section 7:24(2) of the Dutch Civil Code.

ARTICLE 10. | COMPLAINTS POLICY

  1. Complaints with regard to the execution of the Agreement must be submitted to Charlotte Wooning by email(info@charlottewooning.com) within a reasonable period of time, fully and clearly described.
  2. Complaints submitted to Charlotte Wooning will be answered within a period of fourteen days after receipt. If a complaint or question requires a longer processing time, a response will be given within the period of fourteen days, with an acknowledgement of receipt and an indication of when the Consumer can expect a more detailed answer.
  3. If a complaint from the Consumer cannot be resolved by mutual agreement, the Consumer may submit the dispute to the Dispute Resolution Committee via the ODR platform(europa.eu/consumers/odr/).

ARTICLE 11. | FINAL PROVISIONS

  1. All Products delivered by Charlotte Wooning to Consumer shall remain the property of Charlotte Wooning until Consumer has fulfilled all payment obligations with respect thereto.
  2. Each Agreement and all legal relationships arising therefrom between the Parties shall be governed exclusively by Dutch law.
  3. The parties shall not call upon the courts until they have made every effort to settle the dispute by mutual consultation.