All the offers, orders and agreements of Juwelier Burger are subject to these general terms and conditions for sale and delivery, to the exclusion of any other general terms and conditions.
Acceptance of an offer or placement of an order implies that you accept the applicability of these terms and conditions.
The provisions of these terms and conditions can be derogated from in writing only, in which case the other provisions will remain in full force.
All rights and claims, as stipulated for the benefit of Juwelier Burger in these terms and conditions and in any further agreements, are also stipulated for the benefit of any agents and other third parties engaged by Juwelier Burger.
All offers by Juwelier Burger are without obligation, and Juwelier Burger expressly reserves the right to amend the prices, in particular when such is necessary on the basis of (legal) regulations.
An agreement will be enforced only after acceptance of your order by Juwelier Burger. Juwelier Burger is entitled to decline orders or make them subject to certain conditions, unless expressly stated otherwise. If an order is not accepted, Juwelier Burger will notify the customer thereof within five (5) working days of receipt of the order.
Any products that are ordered specifically for the customer and which are not mentioned as such on our site, are offered specifying a purchase obligation. By ordering these products, you declare that you relinquish the right to return them.
Payment must take place online or in advance, unless otherwise has been agreed in writing, but no later than eight (8) days after the invoice or order date.
In the event of an advance payment via bank, the payment date will be the date when the bank account of Juwelier Burger has been credited.
In the event that the payment term is exceeded, you will be in default from the date when payment should have taken place, and from that date you will owe a default interest of 1% of the outstanding amount per month or part thereof. If payment takes place after a demand for payment by Juwelier Burger, you will owe the sum of twenty Euro (€ 20) for administrative costs, and if Juwelier Burger engages a collection agency with regard to the claim, you will also owe the collection charges, which will be at least fifteen percent (15%) of the outstanding amount, without prejudice to Juwelier Burger's power to demand the actually incurred extrajudicial collection charges instead.
If you are in default with regard to any payment, Juwelier Burger will be entitled to suspend (the fulfilment of) the relevant agreement and related agreements or to dissolve it/them.
If the prices of the products and services offered rise in the period between the order and its fulfilment, you will be entitled to cancel the order or dissolve the agreement within ten (10) days of notification by Juwelier Burger of the price increase.
The delivery times stated by Juwelier Burger are indicative only. If any delivery term is exceeded, this will not entitle you to compensation or give you the right to cancel the order or dissolve the agreement, unless the delivery term has been exceeded to such an extent that it cannot be expected from you in fairness that you uphold the agreement. In that case you will be entitled to cancel the order or dissolve the agreement insofar as such is necessary.
Orders can be cancelled only after written confirmation from Juwelier Burger. In the event that the order is cancelled by the customer, the dispatch costs will be recovered from the customer if the package has already been sent to the customer and is not collected by him/her. If the package has not yet been sent, cancellation of the order will be free of charge, unless Article 2.3 applies.
The products are delivered at the place where and at the time when the products are ready for dispatch to you.
Ownership of the delivered products is not transferred until you have paid everything you owe to Juwelier Burger on the basis of any agreement. The risk regarding the products, however, is transferred at the moment of delivery.
You must inspect on delivery whether the products respond to the agreement. If this is not the case, you must notify Juwelier Burger thereof in writing, justifying your reasons, as soon as possible, and in any case no later than within three (3) days of delivery, at least after identification thereof was possible in fairness.
If it has been demonstrated that the products do not respond to the agreement, Juwelier Burger will have the choice to either replace the relevant products by new products against their return, or to repay the invoice value excluding any dispatch costs.
If, for whatever reason, you do not wish to accept a product, you will have the right to return it within seven (7) days of delivery to Juwelier Burger. In such cases, returned goods will be accepted only if the product and the original packages are undamaged, whereby also applies that the costs of returning goods will be payable by you.
Juwelier Burger will not be liable for any misunderstandings, damage, delays or goods failing to arrive properly, or any notifications as a consequence of the use of the Internet or any other means of communication in the communications between Juwelier Burger and third parties, insofar as these concern the relationship between you and Juwelier Burger, unless and insofar as there is any intent or grave error on the part of Juwelier Burger.
Without prejudice to any other rights to which it is entitled, Juwelier Burger will have the right in the event of force majeure to suspend the fulfilment of your order, or to dissolve the agreement without court intervention, such to be decided by Juwelier Burger, by notifying you thereof in writing, and without Juwelier Burger being held to pay any damages, unless such would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
Force majeure is understood to mean any nonconformity for which Juwelier Burger and the agents and third parties it has engaged cannot be held accountable, as it is not due to their fault and they cannot be held to pay for this under the law, a legal act or the views prevailing in business.
If one or more of the provisions of these terms and conditions or any other agreement with Juwelier Burger are in contravention of any applicable legal stipulation, the relevant provision will no longer apply and will be replaced by a new provision, to be determined by Juwelier Burger, which is lawful and comparable to the original one.
Juwelier Burger is authorised to make use of third parties in the fulfilment of your order(s).
All the rights, liabilities, offers, orders and agreements to which these terms and conditions apply will be governed exclusively by Dutch law.
Any disputes between parties will be presented exclusively to the court competent in that respect in the Netherlands.