Terms of service

Article 1 – Definitions

The following terms are defined in these terms and conditions:

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who is not acting in the course of business or profession and enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract regarding a series of products and/or services, with delivery and/or purchase obligations spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally, in a way that allows future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;

Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, the contract is concluded exclusively through one or more techniques for remote communication;

Remote communication technique: a means that can be used for concluding a contract without the consumer and entrepreneur being in the same location at the same time.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Business name: SCB Services

Chamber of Commerce number: 96772247

VAT number: NL005230438B37  

Customer service email: info@maryadamjewels.com

Business address: Gymnasiumstraat 38, 8932GW, Leeuwarden, Nederland

Article 3 – Applicability

These general terms and conditions apply to any offer made by the entrepreneur and to any distance contract and orders between the entrepreneur and the consumer.

Before concluding the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be stated before the conclusion of the distance contract that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.

If the distance contract is concluded electronically, the text of these general terms and conditions can be provided electronically before the distance contract is concluded, in a way that allows the consumer to easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request.

If specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs will apply accordingly, and the consumer can always rely on the applicable provision that is most favorable to them in case of conflicting general conditions.

If one or more provisions in these general terms and conditions are entirely or partially void or annulled, the agreement and these terms and conditions will remain in effect, and the relevant provision will be replaced in mutual consultation by a provision that most closely approximates the intent of the original provision.

Situations not regulated in these general terms and conditions should be assessed "in the spirit" of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our terms and conditions should be interpreted "in the spirit" of these general terms and conditions.

Article 4 – The Offer

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

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a good judgment of the offer. If the entrepreneur uses images, they are an accurate representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot serve as grounds for compensation or dissolution of the agreement.

Images of products are an accurate representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer. This includes:

  • the price, excluding customs clearance fees and import VAT. These additional costs will be borne by the customer. The post and/or courier service will apply the special arrangement for postal and courier services in relation to imports. This applies when goods are imported into the EU destination country, as is the case here. The post and/or courier service will collect VAT (with or without the customs clearance fees) from the recipient of the goods;

  • any shipping costs;

  • how the agreement will be concluded and what actions are required for this;

  • whether the right of withdrawal applies;

  • the method of payment, delivery, and execution of the agreement;

  • the deadline for acceptance of the offer, or the period during which the entrepreneur guarantees the price;

  • the communication cost rate if the costs for using the remote communication technique are calculated on a basis other than the regular basic rate for the used communication method;

  • whether the agreement will be archived after conclusion, and if so, how the consumer can access it;

  • how the consumer can check and, if necessary, correct the data they provided for the agreement before the conclusion of the contract;

  • any other languages in which the agreement can be concluded in addition to Dutch;

  • the codes of conduct the entrepreneur has subscribed to and how the consumer can electronically access these codes of conduct;

  • the minimum duration of the agreement in case of a long-term transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and complies with the conditions attached to it.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. Until the receipt of this acceptance is confirmed by the entrepreneur, the consumer can cancel the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate safety measures.

The entrepreneur can investigate, within legal frameworks, whether the consumer can meet their payment obligations, as well as any facts and factors that are important for responsibly entering into the distance agreement. If the entrepreneur has valid reasons to not proceed with the agreement based on this investigation, they are entitled to refuse an order or application, or to attach special conditions to the execution.

The entrepreneur will provide the following information to the consumer with the product or service, either in writing or in a way that allows the consumer to store it on a durable medium:

  • the visit address of the entrepreneur's establishment where the consumer can lodge complaints;

  • the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

  • information about guarantees and after-sales services;

  • the information included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the conclusion of the agreement;

  • the requirements for cancellation of the agreement if the agreement lasts more than one year or is of indefinite duration.

In case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement is concluded under the suspensive condition of the sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the possibility to cancel the agreement without giving reasons within 30 days. This cooling-off period starts the day after the consumer receives the product or a representative appointed by the consumer, who has been made known to the entrepreneur.

During the cooling-off period, the consumer will handle the product and the packaging with care. They will only unpack or use the product as far as necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in its original state and packaging, according to the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 30 days after receiving the product. The notification must be made in writing or via email. After notifying the entrepreneur of their intention to withdraw, the consumer must return the product within 30 days. The consumer must prove that the goods were returned on time to the original location. This can also be directly to our supplier in China. The customer can do this, for example, by providing proof of shipment.

If the customer has not notified the intention to exercise their right of withdrawal within the time periods mentioned in paragraphs 2 and 3, or has not returned the product, the sale becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, the costs for returning the products will be entirely at the consumer's expense. Keep in mind that this also includes returning the items to the country of origin, which is our supplier in China.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the withdrawal. However, this is conditional on the product being received by the web store or providing conclusive proof of complete return shipment.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

  • that the entrepreneur has made according to the consumer’s specifications;

  • that are clearly personal in nature;

  • that, by their nature, cannot be returned;

  • that may spoil or age quickly;

  • whose price is linked to fluctuations in the financial market over which the entrepreneur has no control;

  • for single newspapers and magazines;

  • for audio and video recordings and computer software where the consumer has broken the seal;

  • for hygienic products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  • related to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or within a specific period;

  • where the delivery has started with the express consent of the consumer before the cooling-off period has expired;

  • related to betting and lotteries.

Article 9 – Price

For the duration of the offer's validity period, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. This linkage to fluctuations and the fact that any indicated prices are indicative will be mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has agreed to this and:

  • they result from legal regulations or provisions; or

  • the consumer has the right to terminate the agreement on the day the price increase takes effect.

The place of delivery is determined under Article 5, paragraph 1, of the Dutch Value Added Tax Act 1968, where the transportation starts. In this case, the delivery takes place outside the EU. Therefore, the postal or courier service will charge the recipient for import VAT or customs clearance costs. Consequently, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typing errors. The entrepreneur accepts no liability for the consequences of such errors. In case of printing and typing errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, reasonable standards of quality and/or usability, and the applicable laws and regulations at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 30 days of delivery. Returns of products should be made in the original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual use by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or altered the delivered products themselves or had them repaired and/or altered by third parties;

  • The delivered products have been exposed to abnormal conditions or have been treated carelessly or contrary to the instructions of the entrepreneur and/or the instructions on the packaging;

  • The defect is wholly or partly due to regulations set by the government concerning the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products.

The place of delivery is the address provided by the consumer to the entrepreneur.

Taking into account the provisions in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fully or partially executed, the consumer will be notified within 30 days after placing the order. In that case, the consumer has the right to cancel the agreement without any costs and is entitled to any compensation.

In the case of cancellation in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after cancellation.

If the delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to provide a replacement item. The replacement item will be clearly and understandably communicated to the consumer at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment will be borne by the entrepreneur.

The risk of damage and/or loss of products lies with the entrepreneur until delivery to the consumer or a representative designated by the consumer, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Cancellation, and Extension

Cancellation

The consumer can cancel an agreement that has been entered into for an indefinite period and involves the regular delivery of products (including electricity) or services at any time, observing the agreed cancellation rules and a notice period of no more than one month.

The consumer can cancel an agreement that has been entered into for a fixed period and involves the regular delivery of products (including electricity) or services at any time, with respect to the agreed cancellation rules and a notice period of no more than one month.

The consumer can cancel the agreements referred to in the previous paragraphs:

  • At any time and not be restricted to cancellation at a specific time or during a specific period;

  • At least in the same way as they were entered into by the consumer;

  • Always with the same notice period as the entrepreneur has agreed for themselves.

Extension

An agreement entered into for a fixed period and involving the regular delivery of products (including electricity) or services may not be extended or renewed automatically for a fixed period.

Notwithstanding the previous paragraph, an agreement entered into for a fixed period and involving the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a fixed period of up to three months, provided the consumer can cancel this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a fixed period and involving the regular delivery of products or services may only be extended automatically for an indefinite period if the consumer can always cancel with a notice period of no more than one month and with a notice period of no more than three months if the agreement involves the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.

An agreement for a limited period involving the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be automatically extended and will end after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent cancellation before the agreed duration ends.

Article 13 – Payment

Unless otherwise agreed, amounts due from the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of services, this period starts once the consumer has received confirmation of the agreement.

The consumer is obliged to immediately inform the entrepreneur of any inaccuracies in the provided or stated payment details.

In case of non-payment by the consumer, the entrepreneur has the right, unless otherwise legally restricted, to charge the reasonable costs that were made known to the consumer in advance.

Article 14 – Complaints Procedure

Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days in a clear and detailed manner after the consumer has noticed the defects.

Complaints submitted to the entrepreneur will be answered within 30 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 30 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.

If the complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace the delivered products free of charge or repair them.

Article 15 – Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate, even if the consumer resides abroad.